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diff --git a/12853-h/12853-h.htm b/12853-h/12853-h.htm new file mode 100644 index 0000000..927b6f3 --- /dev/null +++ b/12853-h/12853-h.htm @@ -0,0 +1,3889 @@ + +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> +<html> + <head> + <meta http-equiv="Content-Type" content= + "text/html; charset=UTF-8" /> + <title> + The Project Gutenberg eBook of The "Wearing of the Green", by T.D. Sullivan, A.M. Sullivan, D.B. Sullivan. + </title> + <style type="text/css"> +/*<![CDATA[ XML blockout */ +<!-- + P { margin-top: .75em; + text-align: justify; + margin-bottom: .75em; + } + H1,H2,H3,H4,H5,H6 { + text-align: center; /* all headings centered */ + } + HR { width: 33%; + margin-top: 1em; + margin-bottom: 1em; + } + BODY{margin-left: 10%; + margin-right: 10%; + } + .linenum {position: absolute; top: auto; left: 4%;} /* poetry number */ + .note {margin-left: 2em; margin-right: 2em; margin-bottom: 1em;} /* footnote */ + .blkquot {margin-left: 4em; margin-right: 4em;} /* block indent */ + .pagenum {position: absolute; left: 92%; font-size: smaller; text-align: right;} /* page numbers */ + .sidenote {width: 20%; margin-bottom: 1em; margin-top: 1em; padding-left: 1em; font-size: smaller; float: right; clear: right;} + + .poem {margin-left:10%; margin-right:10%; text-align: left;} + .poem br {display: none;} + .poem .stanza {margin: 1em 0em 1em 0em;} + .poem span {display: block; margin: 0; padding-left: 3em; text-indent: -3em;} + .poem span.i2 {display: block; margin-left: 2em;} + .poem span.i4 {display: block; margin-left: 4em;} + .poem .caesura {vertical-align: -200%;} + // --> + /* XML end ]]>*/ + </style> + </head> +<body> +<div>*** START OF THE PROJECT GUTENBERG EBOOK 12853 ***</div> + +<h1>THE "WEARING OF THE GREEN,"</h1> + +<h2><i>OR</i></h2> + +<h2>THE PROSECUTED FUNERAL PROCESSION.</h2> + +<hr style="width: 45%;" /> + +<p class='poem'><span>Let the echoes fall unbroken;</span> +<span class='i2'>Let our tears in silence flow;</span> +<span>For each word thus nobly spoken,</span> +<span class='i2'>Let us yield a nation's woe;</span> +<span>Yet, while weeping, sternly keeping</span> +<span class='i2'>Wary watch upon the foe.</span> +</p> +<p class='poem'> +<i>Poem in the</i> "NATION." +</p> + +<h2>DUBLIN:</h2> + +<h2>A.M. SULLIVAN, ABBEY STREET.</h2> + +<h2>1868.</h2> + + + +<hr style='width: 65%;' /> + +<h2>THE PROSECUTED FUNERAL PROCESSION.</h2> + +<hr style='width: 45%;' /> + +<p>The news of the Manchester executions on the morning of Saturday, 23rd +November, 1867, fell upon Ireland with sudden and dismal disillusion.</p> + +<p>In time to come, when the generation now living shall have passed away, +men will probably find it difficult to fully realize or understand the +state of stupor and amazement which ensued in this country on the first +tidings of that event; seeing, as it may be said, that the victims had +lain for weeks under sentence of death, to be executed on this date. Yet +surprise indubitably was the first and most overpowering emotion; for, +in truth, no one up to that hour had really credited that England would +take the lives of those three men on a verdict already publicly admitted +and proclaimed to have been a blunder. Now, however, came the news that +all was over—that the deed was done—and soon there was seen such an +upheaving of national emotion as had not been witnessed in Ireland for a +century. The public conscience, utterly shocked, revolted against the +dreadful act perpetrated in the outraged name of justice. A great billow +of grief rose and surged from end to end of the land. Political +distinctions disappeared or were forgotten. The Manchester Victims—the +Manchester Martyrs, they were already called—belonged to the Fenian +organization; a conspiracy which the wisest and truest patriots of +Ireland had condemned and resisted; yet men who had been prominent in +withstanding, on national grounds, that hopeless and disastrous +scheme—priests and laymen—were now amongst the foremost and the +boldest in denouncing at every peril the savage act of vengeance +perpetrated at Manchester. The Catholic clergy were the first to give +articulate expression to the national emotion. The executions took place +on Saturday; before night the telegraph had spread the news through the +island; and on the next morning, being Sunday, from a thousand altars +the sad event was announced to the assembled worshippers, and prayers +were publicly offered for the souls of the victims. When the news was +announced, a moan of sorrowful surprise burst from the congregation, +followed by the wailing and sobbing of women; and when the priest, his +own voice broken with emotion, asked all to join with him in praying the +Merciful God to grant those young victims a place beside His throne, the +assemblage with one voice responded, praying and weeping aloud!</p> + +<p>The manner in which the national feeling was demonstrated on this +occasion was one peculiarly characteristic of a nation in which the +sentiments of religion and patriotism are so closely blended. No stormy +"indignation meetings" were held; no tumult, no violence, no cries for +vengeance arose. In all probability—nay, to a certainty—all this would +have happened, and these ebullitions of popular passion would have been +heard, had the victims not passed into eternity. But now, they were gone +where prayer alone could follow; and in the presence of this solemn fact +the religious sentiment overbore all others with the Irish people. Cries +of anger, imprecations, and threats of vengeance, could not avail the +dead; but happily religion gave a vent to the pent-up feelings of the +living. By prayer and mourning they could at once, most fitly and most +successfully, demonstrate their horror of the guilty deed, and their +sympathy with the innocent victims.</p> + +<p>Requiem Masses forthwith were announced and celebrated in several +churches; and were attended by crowds everywhere too vast for the sacred +edifices to contain. The churches in several instances were draped with +black, and the ceremonies conducted with more than ordinary solemnity. +In every case, however, the authorities of the Catholic church were +careful to ensure that the sacred functions were sought and attended for +spiritual considerations, not used merely for illegitimate political +purposes; and wherever it was apprehended that the holy rites were in +danger of such use, the masses were said privately.</p> + +<p>And soon public feeling found yet another vent; a mode of manifesting +itself scarcely less edifying than the Requiem Masses; namely, funeral +processions. The brutal vengeance of the law consigned the bodies of +Allen, Larkin, and O'Brien to dishonoured graves; and forbade the +presence of sympathising friend or sorrowing relative who might drop a +tear above their mutilated remains. Their countrymen now, however, +determined that ample atonement should be made to the memory of the dead +for this denial of the decencies of sepulture. On Sunday, 1st December, +in Cork. Manchester, Mitchelstown, Middleton, Limerick, and Skibbereen, +funeral processions, at which thousands of persons attended, were held; +that in Cork being admittedly the most imposing, not only in point of +numbers, but in the character of the demonstration and the demeanour of +the people.</p> + +<p>For more than twenty years Cork city has held an advanced position in +the Irish national struggle. In truth, it has been one of the great +strongholds of the national cause since 1848. Nowhere else did the +national spirit keep its hold so tenaciously and so extensively amidst +the people. In 1848 Cork city contained probably the most formidable +organization in the country; formidable, not merely in numbers, but in +the superior intelligence, earnestness, and determination of the men; +and even in the Fenian conspiracy, it is unquestionable that the +southern capital contributed to that movement men—chiefly belonging to +the mercantile and commercial classes—who, in personal worth and +standing, as well as in courage, intelligence, and patriotism, were the +flower of the organization. Finally, it must be said, that it was Cork +city by its funeral demonstration of the 1st December, that struck the +first great blow at the Manchester verdict, and set all Ireland in +motion. [Footnote: It may be truly said set the Irish race all over the +world in motion. There is probably no parallel in history for the +singular circumstance of these funeral processions being held by the +dispersed Irish in lands remote, apart, as pole from pole—in the old +hemisphere and in the new—in Europe, in America, in Australia; +prosecutions being set on foot by the English government to punish them +at both ends of the world—in Ireland and in New Zealand! In Hokatika +the Irish settlers—most patriotic of Ireland's exiles—organized a +highly impressive funeral demonstration. The government seized and +prosecuted its leaders, the Rev. Father Larkin, a Catholic clergyman, +and Mr. Wm. Manning, editor of the <i>Hokatika Celt</i>. A jury, terrified by +Fenian panic, brought them in "guilty," and the patriot priest and +journalist were consigned to a dungeon for the crime of mourning for the +dead and protesting against judicial murder.]</p> + +<p>Meanwhile the Irish capital had moved, and was organizing a +demonstration destined to surpass all that had yet been witnessed. Early +in the second week of December, a committee was formed for the purpose +of organizing a funeral procession in Dublin, worthy of the national +metropolis. Dublin would have come forward sooner, but the question of +the <i>legality</i> of the processions that were announced to come off the +previous week in Cork and other places, had been the subject of fierce +discussion in the government press; and the national leaders were +determined to avoid the slightest infringement of the law or the least +inroad on the public peace. It was only when, on the 3rd of December, +Lord Derby, the Prime Minister, replying in the House of Lords to Lord +Dufferin, declared the opinion of the crown that the projected +processions were not illegal, that the national party in Dublin decided +to form a committee and organize a procession. The following were Lord +Derby's words:—</p> + +<div class='blkquot'><p>"He could assure the noble lord that the government would continue to + carry out the law with firmness and impartiality. The Party + Processions Act, however, did not meet the case of the funeral + processions, the parties engaged in them having, by not displaying + banners or other emblems, kept within the law as far as his + information went."</p></div> + +<p>Still more strong assurance was contained in the reply of the Irish +Chief Secretary, Lord Mayo, to a question put by Sir P. O'Brien in the +House of Commons. Lord Mayo publicly announced and promised that if any +new opinion as to the legality of the processions should be arrived +at—that is, should the crown see in them anything of illegality—<i>due +and timely notice would be given</i> by proclamation, so that no one might +offend through ignorance. Here are his words:—</p> + +<div class='blkquot'><p>"It is the wish of the government to act strictly in accordance with + the law; <i>and of course ample notice will be given either by + proclamation or otherwise</i>."</p></div> + +<p>The Dublin funeral committee thereupon at once issued the following +announcement, by placard and advertisement:—</p> + +<div class='blkquot'><h2>GOD SAVE IRELAND!</h2> +<h2>A PUBLIC FUNERAL PROCESSION</h2> + +<h4>In honour of the Irish Patriots</h4> +<h4>Executed at Manchester, 23rd November,</h4> +<h4>Will take place in Dublin</h4> +<h4>On Sunday next, the 8th inst.</h4> + +<hr style='width: 45%;' /> + +<h4>The procession will assemble in Beresford-place, near the Custom</h4> +<h4>House, and will start from thence at the hour of twelve</h4> +<h4>o'clock noon.</h4> + +<hr style='width: 45%;' /> + +<h4>No flags, banners, or party emblems will be allowed.</h4> + +<hr style='width: 45%;' /> + +<h2>IRISHMEN</h2> + +<h4>Assemble in your thousands, and show by your numbers and your</h4> +<h4>orderly demeanour your sympathy with the fate of the</h4> +<h4>executed patriots.</h4> + +<hr style='width: 45%;' /> + +<h2>IRISHWOMEN</h2> + +<h4>You are requested to lend the dignity of your presence to this</h4> +<h4>important National Demonstration.</h4> + +<p> By Order of the Committee.</p> + +<p> JOHN MARTIN, Chairman. + J.C. WATERS, Hon. Secretary. + JAMES SCANLAN, Hon. Secretary. + J.J. LALOR, Hon. Secretary. + DONAL SULLIVAN, Up. Buckingham-street, Treasurer.</p></div> + +<p>The appearance of the "funeral procession placards" all over the city on +Thursday, 5th December, increased the public excitement. No other topic +was discussed in any place of public resort, but the event forthcoming +on Sunday. The first evidence of what it was about to be, was the +appearance of the drapery establishments in the city on Saturday +morning; the windows, exteriorly and interiorly, being one mass of crape +and green ribbon—funeral knots, badges, scarfs, hat-bands, neckties, +&c., exposed for sale. Before noon most of the retail, and several of +the wholesale houses had their entire stock of green ribbon and crape +exhausted, it being computed that <i>nearly one hundred thousand yards</i> +had been sold up to midnight of Saturday! Meantime the committee sat <i>en +permanance</i>, zealously pushing their arrangements for the orderly and +successful carrying out of their great undertaking—appointing stewards, +marshals, &c.—in a word, completing the numerous details on the +perfection of which it greatly depended whether Sunday was to witness a +successful demonstration or a scene of disastrous disorder. On this, as +upon every occasion when a national demonstration was to be organized, +the trades of Dublin, Kingstown, and Dalkey, exhibited that spirit of +patriotism for which they have been proverbial in our generation. From +their ranks came the most efficient aids in every department of the +preparations. On Saturday evening the carpenters, in a body, immediately +after their day's work was over, instead of seeking home and rest, +refreshment or recreation after their week of toil, turned into the +<i>Nation</i> office machine rooms, which they quickly improvised into a vast +workshop, and there, as volunteers, laboured away till near midnight, +manufacturing "wands" for the stewards of next morning's procession.</p> + +<p>Sunday, 8th December, 1867, dawned through watery skies. From shortly +after day-break, rain, or rather half-melted sleet, continued to fall; +and many persons concluded that there would be no attempt to hold the +procession under such inclement weather. This circumstance was, no +doubt, a grievous discouragement, or rather a discomfort and an +inconvenience; but so far from preventing the procession, it was +destined to add a hundred-fold to the significance and importance of the +demonstration. Had the day been fine, tens of thousands of persons who +eventually only lined the streets, wearing the funeral emblems, would +have marched in the procession as they had originally intended; but +hostile critics would in this case have said that the fineness of the +day and the excitement of the pageant had merely caused a hundred +thousand persons to come out for a holiday. Now, however, the depth, +reality, and intensity of the popular feeling was about to be keenly +tested. The subjoined account of this memorable demonstration is +summarised from the Dublin daily papers of the next ensuing publication, +the report of the <i>Freeman's Journal</i> being chiefly used:—</p> + +<div class='blkquot'><p>As early as ten o'clock crowds began to gather in Beresford-place, + and in an hour about ten thousand men were present. The morning had + succeeded to the hopeless humidity of the night, and the drizzling + rain fell with almost dispiteous persistence. The early trains from + Kingstown and Dalkey, and all the citerior townlands, brought large + numbers into Dublin; and Westland-row, Brunswick, D'Olier, and + Sackville-streets, streamed with masses of humanity. A great number + of the processionists met in Earlsfort-terrace, all round the + Exhibition, and at twelve o'clock some thousands had collected. It + was not easy to learn the object of this gathering; it may have been + a mistake, and most probably it was, as they fell in with the great + body in the course of half an hour. The space from the quays, + including the great sweep in front of the Custom-house, was swarming + with men, and women, and small children, and the big ungainly crowd + bulged out in Gardiner-street, and the broad space leading up + Talbot-street. The ranks began to be formed at eleven o'clock amid a + down-pour of cold rain. The mud was deep and aqueous, and great pools + ran through the streets almost level with the paths. Some of the more + prominent of the men, and several of the committee, rode about + directing and organizing the crowd, which presented a most + extraordinary appearance. A couple of thousand young children stood + quietly in the rain and slush for over an hour; while behind them, in + close-packed numbers, were over two thousand young women. Not the + least blame can be attached to those who managed the affairs of the + day, inasmuch as the throng must have far exceeded even their most + sanguine expectations. Every moment some overwhelming accession + rolled down Abbey-street or Eden-quay, and swelled the already + surging multitude waiting for the start. Long before twelve o'clock, + the streets converging on the square were packed with spectators or + intending processionists. Cabs struggled hopelessly to yield up the + large number of highly respectable and well-attired ladies who had + come to walk. Those who had hired vehicles for the day to join the + procession were convinced of the impracticable character of their + intention; and many delicate old men who would not give up the + design, braved the terrors of asthma and bronchitis, and joined the + rain-defying throng. Right across the spacious ground was one + unmoving mass, constantly being enlarged by ever-coming crowds. All + the windows in Beresford-place were filled with spectators, and the + rain and cold seemed to have no saddening effect on the numerous + multitude. The various bands of the trade were being disposed in + their respective positions, and the hearses were a long way off and + altogether in the back-ground, when, at a quarter to twelve, the + first rank of men moved forward. Almost every one had an umbrella, + but they were thoroughly saturated with the never-ceasing down-pour. + As the steady, well-kept, twelve-deep ranks moved slowly out, some + ease was given to those pent up behind; and it was really wonderful + to see the facility with which the people adapted themselves to the + orders of their directors. Every chance of falling in was seized, and + soon the procession was in motion. The first five hundred men were of + the artisan class. They were dressed very respectably, and each man + wore upon his left shoulder a green rosette, and on his left arm a + band of crape. Numbers had hat-bands depending to the shoulder; + others had close crape intertwined carefully with green ribbon around + their hats; and the great majority of the better sort adhered to this + plan, which was executed with a skill unmistakably feminine. Here and + there at intervals a man appeared with a broad green scarf around his + shoulders, some embroidered with shamrocks, and others decorated with + harps. There was not a man throughout the procession but was + conspicuous by some emblem of nationality. Appointed officers walked + at the sides with wands in their hands and gently kept back the + curious and interested crowd whose sympathy was certainly + demonstrative. Behind the five hundred men came a couple of thousand + young children. These excited, perhaps, the most considerable + interest amongst the bystanders, whether sympathetic, neutral, or + opposite. Of tender age and innocent of opinions on any subject, they + were being marshalled by their parents in a demonstration which will + probably give a tone to their career hereafter; and seeds in the + juvenile mind ever bear fruit in due season. The presence of these + shivering little ones gave a serious significance to the + procession—they were hostages to the party who had organized the + demonstration. Earnestness must indeed have been strong in the mind + of the parent who directed his little son or daughter to walk in + saturating rain and painful cold through five or six miles of mud and + water, and all this merely to say "I and my children were there." It + portends something more than sentiment. It is national education with + a vengeance. Comment on this remarkable constituent was very frequent + throughout the day, and when toward evening this band of boys sang + out with lusty unanimity a popular Yankee air, spectators were + satisfied of their culture and training. After the children came + about one hundred young women who had been unable to gain their + proper position, and accepted the place which chance assigned them. + They were succeeded by a band dressed very respectably, with crape + and green ribbons round their caps. These were followed by a number + of rather elderly men, probably the parents of the children far + ahead. At this portion of the procession, a mile from the point, they + marched four deep, there having been a gradual decline from the + front. Next came the bricklayers' band all dressed in green caps, a + very superior-looking body of men. Then followed a very imposing + well-kept line, composed of young men of the better class, well + attired and respectable looking. These wore crape hat-bands, and + green rosettes with harps in the centre. Several had broad green body + scarfs, with gold tinsel shamrocks and harps intertwined. As this + portion of the procession marched they attracted very considerable + attention by their orderly, measured tread, and the almost soldierly + precision with which they maintained the line. They numbered about + four or five thousand, and there were few who were not young, sinewy, + stalwart fellows. When they had reached the further end of + Abbey-street, the ground about Beresford-place was gradually becoming + clear, and the spectator had some opportunity afforded of glancing + more closely at the component parts of the great crowd. All round the + Custom-house was still packed a dense throng, and large streams were + flowing from the northern districts, Clontarf, the Strand, and the + quays. The shipping was gaily decorated, and many of the masts were + filled with young tars, wearing green bands on their hats. At + half-past twelve o'clock, the most interesting portion of the + procession left the Custom-house. About two thousand young women, who + in attire, demeanour, and general appearance, certainly justified + their title to be called ladies walked in six-deep ranks. The general + public kept pace with them for a great distance. The green was most + demonstrative, every lady having shawl, bonnet, veil, dress, or + mantle of the national hue. The mud made sad havoc of their attire, + but notwithstanding all mishaps they maintained good order and + regularity. They stretched for over half a-mile, and added very + notably to the imposing appearance, of the procession. So great was + the pressure in Abbey-street, that for a very long time there were no + less than three processions walking side-by-side. These halted at the + end of the street, and followed as they were afforded opportunity. + One of the bands was about to play near the Abbey-street Wesleyan + House, but when a policeman told them of the proximity of the place + of worship, they immediately desisted. The first was a very long way + back in the line, and the foremost men must have been near the + Ormond-quays, when the four horses moved into Abbey-street. They were + draped with black cloths, and white plumes were at their heads. The + hearse also had white plumes, and was covered with black palls. On + the side was "William P. Allen." A number of men followed, and then + came a band. In the earlier portion of the day there were seen but + two hearses, the second one bearing Larkin's name. It was succeeded + by four mourning coaches, drawn by two horses each. A large number + of young men from the monster houses followed in admirable order. In + this throng were very many men of business, large employers, and + members of the professions. Several of the trades were in great + force. It had been arranged to have the trade banners carried in + front of the artisans of every calling, but at the suggestion of the + chairman this design was abandoned. The men walked, however, in + considerable strength. They marched from their various + committee-rooms to the Custom-house. The quay porters were present to + the number of 500, and presented a very orderly, cleanly appearance. + They were comfortably dressed, and walked close after the hearse + bearing Larkin's name. Around this bier were a number of men bearing + in their hands long and waving palms—emblems of martyrdom. The + trades came next, and were led off by the various branches of the + association known as the Amalgamated Trades. The plasterers made + about 300, the painters 350, the boot and shoemakers mustered 1,000, + the bricklayers 500, the carpenters 300, the slaters 450, the sawyers + 200, and the skinners, coopers, tailors, bakers, and the other + trades, made a very respectable show, both as to numbers and + appearance. Each of these had representatives in the front of the + procession, amongst the fine body of men who marched eight deep. The + whole ground near the starting place was clear at half-past one, and + by that time the demonstration was seen to a greater advantage than + previously. All down Abbey-streets, and in fact throughout the + procession, the pathways were crowded by persons who were practically + of it, though not in it. Very many young girls naturally enough + preferred to stand on the pathways rather than to be saturated with + mud and water. But it may truly be said that every second man and + woman of the crowds in almost every street were of the procession. + Cabs filled with ladies and gentlemen remained at the waysides all + day watching the march. The horses' heads were gaily decorated with + green ribbons, while every Jehu in the city wore a rosette or a crape + band. Nothing of special note occurred until the procession turned + into Dame-street. The appearance of the demonstration was here far + greater than at any other portion of the city. Both sides of the + street, and as far as Carlisle-bridge, were lined with cabs and + carriages filled with spectators who were prevented by the bitter + inclemency of the day from taking an active part in the proceedings. + The procession was here grandly imposing, and after Larkin's hearse + were no less than nine carriages, and several cabs. It is stated that + Mrs. Luby and Miss Mulcahy occupied one of the vehicles, and + relatives of others now in confinement were alleged to have been + present. One circumstance, which was generally remarked as having + great significance, was the presence in one line of ten soldiers of + the 86th Regiment. They were dressed in their great overcoats, which + they wore open so as to show the scarlet tunic. These men may have + been on leave, inasmuch as the great military force were confined to + barracks, and kept under arms from six o'clock, a.m. The cavalry were + in readiness for action, if necessary. Mounted military and police + orderlies were stationed at various points of the city to convey any + requisite intelligence to the authorities, and the constabulary at + the depot, Phoenix Park, were also prepared, if their services should + be required. At the police stations throughout the city large numbers + of men were kept all day under arms. It is pleasant to state that no + interference was necessary, as the great demonstration terminated + without the slightest disturbance. The public houses generally + remained closed until five o'clock, and the sobriety of the crowds + was the subject of the general comment.</p> + +<p> From an early hour in the morning every possible position along the + quays that afforded a good view of the procession was taken advantage + of, and, despite the inclemency of the weather, the parapets of the + various bridges, commencing at Capel-street, were crowded with + adventurous youths, who seemed to think nothing of the risks they ran + in comparison with the opportunities they had of seeing the great + sight in all its splendour. From eleven until twelve o'clock the + greatest efforts were made to secure good places The side walks were + crowded and impassable. The lower windows of the houses were made the + most of by men who clutched the shutters and bars, whilst the upper + windows were, as a general rule, filled with the fair sex, and it is + almost unnecessary to add that almost every man, woman, and child + displayed some emblem suitable to the occasion. Indeed, the + originality of the designs was a striking feature. The women wore + green ribbons and veils, and many entire dresses of the favourite + colour. The numerous windows of the Four Courts accommodated hundreds + of ladies, and we may mention that within the building were two + pieces of artillery, a plentiful supply of rockets, and a number of + policemen. It was arranged that the rockets should be fired from the + roof in case military assistance was required. Contrary to the + general expectation, the head of the procession appeared at + Essex-bridge shortly before twelve o'clock. As it was expected to + leave Beresford-place about that time, and as such gigantic + arrangements are seldom carried out punctually, the thousands of + people who congregated in this locality were pleasantly disappointed + when a society band turned the corner of Mary-street and came towards + the quays, with the processionists marching in slow and regular time. + The order that prevailed was almost marvellous—not a sound was heard + but the mournful strains of the music, and the prevalent feeling was + expressed, no doubt, by one or two of the processionists, who said in + answer to an inquiry, "We will be our own police to-day." They + certainly were their own police, for those who carried white wands + did not spare themselves in their endeavours to maintain order in the + ranks. As we have mentioned already, the first part of the procession + reached Capel-street shortly before twelve o'clock, and some idea of + the extent of the demonstration may be formed from the fact that the + hearses did not come in view until a quarter-past one o'clock. They + appeared at intervals of a quarter of an hour, and were received by a + general cry of "hush." The number of fine, well-dressed young women + in the procession here was the subject of general remark, whilst the + assemblage of boys astonished all who witnessed it on account of its + extent. The variety of the tokens of mourning, too, was remarkable. + Numbers of the women carried laurel branches in addition to green + ribbons and veils, and many of the men wore shamrocks in their hats. + The procession passed along the quays as far as King's-bridge, and it + there crossed and passed up Stevens'-lane. The windows of all the + houses <i>en route</i> were crowded chiefly with women, and the railings + at the Esplanade and at King's-bridge, were crowded with spectators.</p> + +<p> About one o'clock the head of the procession, which had been + compressed into a dense mass in Stevens'-lane, burst like confined + water when relieved of restraint, on entering James's-street, where + every window and doorstep was crowded. Along the lines of footway + extending at either side from the old fountain up to James's-gate, + were literally tented over with umbrellas of every hue and shade, + held up as protection against the cold rain that fell in drizzling + showers and made the streetway on which the vast numbers stood ankle + deep in the slushy mud. The music of the "Dead March in Saul," heard + in the distance, caused the people to break from the lines in which + they had partially stood awaiting the arrival of the procession, + which now, for the first time, began to assume its full proportions. + As it moved along the quays at the north side of the river, every + street, bridge, and laneway served to obstruct to a considerable + extent its progress and its order, owing to interruption from + carriage traffic and from the crowds that poured into it and swelled + it in its onward course. In the vast multitudes that lined this great + western artery of the city, the greatest order and propriety were + observed, and all seemed to be impressed with the one solemn and + all-pervading idea that they were assembled to express their deep + sympathy with the fate of three men whom they believed had been + condemned and had suffered death unjustly. Even amongst the young + there was not to be recognised the slightest approach to levity, and + the old characteristics of a great Irish gathering were not to be + perceived anywhere. The wrong, whether real or imaginary, done to + Allen, O'Brien, and Larkin, made their memory sacred with the + thousands that stood for hours in the December wet and cold of + yesterday, to testify by their presence their feelings and their + sympathies. The horsemen wearing green rosettes, trimmed with crape, + who rode in advance of the procession, kept back the crowds at either + side that encroached on the space in the centre of the street + required for the vast coming mass to move through. On it came, the + advance with measured tread, to the music of the band in front, and + notwithstanding the mire which had to be waded through, the line went + on at quiet pace, and with admirable order, but there was no effort + at anything like semi-military swagger or pompous demonstration. + Every window along the route of the procession was fully occupied by + male and female spectators, all wearing green ribbons and crape, and + in front of several of the houses black drapery was suspended. The + tide of men, women, and children continued to roll on in the + drenching rain, but nearly all the fair processionists carried + umbrellas. It was not till the head of the vast moving throng had + reached James's-gate that anything like a just conception could be + formed of its magnitude, as it was only now that it was beginning to + get into regular shape and find room to extend itself. The persons + whose duty it was to keep the several parts of the procession well + together had no easy part to play, as the line had to be repeatedly + broken to permit the ordinary carriage traffic of the streets to go + on with as little delay as possible. The <i>cortege</i> at this point + looked grand and solemn in the extreme because of its vastness, and + also because of all present appearing to be impressed with the one + idea. The gloomy, wet, and cheerless weather was quite in keeping + with the funeral march of 35,000 people. The bands were placed at + such proper distances that the playing of one did not interfere with + the other. After passing James's-gate the band in front ceased to + perform, and on passing the house 151 Thomas-street every head was + uncovered in honour of Lord Edward Fitzgerald, who was arrested and + mortally wounded by Major Sirr and his assistants in the front + bedroom of the second floor of that house. Such was the length of the + procession, that an hour had elapsed from the time its head entered + James's-street before the first hearse turned the corner of + Stevens'-lane. In the neighbourhood of St. Catherine's church a vast + crowd of spectators had settled down, and every available elevation + was taken possession of. At this point a large portion of the + streetway was broken up for the purpose of laying down water-pipes, + and on the lifting-crane and the heaps of earth the people wedged and + packed themselves, which showed at once that this was a great centre + of attraction—and it was, for here was executed the young and + enthusiastic Robert Emmet sixty-four years ago. When Allen, O'Brien, + and Larkin were condemned to death as political offenders, some of + the highest and the noblest in the land warned the government to + pause before the extreme penalty pronounced on the condemned men + would be carried into effect, but all remonstrance was in vain, and + on last Saturday fortnight, three comparatively unknown men in their + death passed into the ranks of heroes and martyrs, because it was + believed, and believed generally, that their lives were sacrificed to + expediency, and not to satisfy justice. The spot where Robert Emmet + closed his young life on a bloody scaffold was yesterday regarded by + thousands upon thousands of his countrymen and women as a holy place, + and all looked upon his fate as similar to that of the three men + whose memory they had assembled to honour, and whose death they + pronounced to be unjust. It would be hard to give a just conception + of the scene here, as the procession advanced and divided, as it + were, into two great channels, owing to the breaking up of the + streetway. On the advance of the <i>cortege</i> reaching the top of + Bridgefoot-street every head was uncovered, and nothing was to be + heard but the measured tread of the vast mass, but as if by some + secret and uncontrollable impulse a mighty, ringing, and enthusiastic + cheer, broke from the moving throng as the angle of the footway at + the eastern end of St. Catherine's church, where the scaffold on + which Emmet was executed stood, was passed. In that cheer there + appeared to be no fiction, as it evidently came straight from the + hearts of thousands, who waved their hats and handkerchiefs, as did + also the groups that clustered in the windows of the houses in the + neighbourhood. As the procession moved on from every part of it the + cheers rose again and again, men holding up their children, and + pointing out the place where one who loved Ireland, "not wisely but + too well," rendered up his life. When the hearse with white plumes + came up bearing on the side draperies the words "William P. Allen," + all the enthusiasm and excitement ceased, and along the lines of + spectators prayers for the repose of the soul of the departed man + passed from mouth to mouth; and a sense of deep sadness seemed to + settle down on the swaying multitude as the procession rolled along + on its way. After this hearse came large numbers of females walking + on bravely, apparently heedless of the muddy streets and the + unceasing rain that came down without a moment's intermission. When + the second hearse, bearing white plumes and the name of "Michael + O'Brien" on the side pendants, came up, again all heads were + uncovered, and prayers recited by the people for the everlasting rest + of the departed. Still onward rolled the mighty mass, young and old, + and in the entire assemblage was not to be observed a single person + under the influence of drink, or requiring the slightest interference + on the part of the police, whose exertions were altogether confined + to keeping the general thoroughfare clear of obstruction. Indeed, + justly speaking, the people required no supervision, as they seemed + to feel that they had a solemn duty to discharge. Fathers were to be + seen bearing in their arms children dressed in white and decorated + with green ribbons, and here, as elsewhere, was observed unmistakable + evidence of the deep sympathy of the people with the executed men. + This was, perhaps, more strikingly illustrated as the third hearse, + with sable plumes, came up bearing at either side the name of + "Michael Larkin;" prayers for his soul's welfare were mingled with + expressions of commiseration for his widow and children. At the + entrance to Cornmarket, where the streetway narrows, the crushing + became very great, but still the procession kept its onward course. + On passing the shop of Hayburne, who, it will be remembered, was + convicted of being connected with the Fenian conspiracy, a large + number of persons in the procession uncovered and cheered. In the + house of Roantree, in High-street, who was also convicted of + treason-felony, a harp was displayed in one of the drawingroom + windows by a lady dressed in deep mourning, and the procession loudly + cheered as it passed on its route.</p> + +<p> Standing at the corner of Christchurch-place, a fine view could be + had of the procession as it approached Winetavern-street from + High-street. The compact mass moved on at a regular pace, while from + the windows on either side of the streets the well-dressed citizens, + who preferred to witness the demonstration from an elevated position + rather than undergo the fatigues and unpleasantness of a walk through + the city in such weather, eagerly watched the approach of the + procession. Under the guidance of the horsemen and those whose wands + showed it was their duty to marshal the immense throng, the + procession moved at an orderly pace down Winetavern-street, which, + spacious as it is, was in a few minutes absolutely filled with the + vast crowds. The procession again reached the quays, and moved along + Wood-quay and Essex-quay, and into Parliament-street, which it + reached at twenty minutes to two o'clock. Passing down + Parliament-street, and approaching the O'Connell statue, a number of + persons began to cheer, but this was promptly suppressed by the + leaders, who galloped in advance for some distance with a view to the + preservation of the mournful silence that had prevailed. This was + strictly enjoined, and the instruction was generally observed by the + processionists. The reverential manner in which the many thousands of + the people passed the statue of the Liberator was very observable. A + rather heavy rain was falling at the time, yet there were thousands + who uncovered their heads as they looked up to the statue which + expressed the noble attitude and features of O'Connell. As the + procession moved along through Dame-street the footways became + blocked up, and lines of cabs took up places in the middle of the + carriageway, and the police exercised a wise discretion in preventing + vehicles from the surrounding streets driving in amongst the crowds. + By this means the danger of serious accident was prevented without + any public inconvenience being occasioned, as a line parallel to that + which the procession was taking was kept clear for all horse + conveyances. Owing to the hour growing late, and a considerable + distance still to be gone over, the procession moved at a quick pace. + In anticipation of its arrival great crowds collected in the vicinity + of the Bank of Ireland and Trinity College, where the <i>cortege</i> was + kept well together, notwithstanding the difficulty of such a vast + mass passing on through the heart of the city filled at this point + with immense masses of spectators. Oil passing the old + Parliament-house numbers of men in the procession took of their hats, + but the disposition to cheer was suppressed, as it was at several + other points along the route. Turning down Westmoreland-street, the + procession, marshalled by Dr. Waters on horseback, passed slowly + along between the thick files of people on each side, most of whom + displayed the mourning and national symbols, black and green. The + spacious thoroughfare in a few minutes was filled with the dense + array, which in close compact ranks pressed on, the women, youths, + and children, bearing bravely the privations of the day, the bands + preceding and following the hearses playing the Dead March, the + solemn notes filling the air with mournful cadence. The windows of + the houses on each side of the street were filled with groups of + spectators of the strange and significant spectacle below. With the + dark masses of men, broken at intervals by the groups of females and + children, still stretched lengthily in the rere, the first section of + the procession crossed Carlisle-bridge, the footways and parapets of + which were thronged with people, nearly all of whom wore the usual + tokens of sympathy. Passing the bridge, a glance to the right, down + the river, revealed the fact that the ships, almost without + exception, had their flags flying half mast high, and that the + rigging of several were filled with seamen, who chose this elevated + position to get a glimpse of the procession as it emerged into + Sackville-street. Here the sight was imposing. A throng of spectators + lined each side of the magnificent thoroughfare, and the lofty houses + had their windows on each side occupied with spectators. Pressing + onwards with measured, steady pace, regardless of the heavy rain, the + cold wind, and the gloomy sky, the procession soon filled + Sackville-street from end to end with its dense dark mass, which + stretching away over Carlisle-bridge, seemed motionless in the + distance. The procession defiled to the left of the site of the + O'Connell monument at the head of the street, and the national + associations connected with this spot was acknowledged by the large + numbers of the processionists, who, with uncovered heads, marched + past, some expressing their feelings with a subdued cheer. The + foremost ranks were nearing Glasnevin when the first of the hearses + entered Sackville-street, which, at this moment, held a numberless + throng of people, processionists, and spectators, the latter, as at + all the other points of the route, exhibiting prominently the sable + and green emblems, which evidenced their approval of the + demonstration. The hearses slowly passed along, followed by the + mourning carriages, the bands playing alternately "Adeste Fidelis" + and the "Dead March," and then followed the deep column of the + processionists, still marching onwards with unflagging spirit, + thousands seeming to be thoroughly soaked with the rain, which was + falling all the morning. Sackville-street was perhaps the best point + from which to get a correct notion of the enormous length of the + procession, and of the great numbers that accompanied it on its way + without actually entering the ranks. The base of the Nelson monument + was covered with spectators, and at the corners of Earl-street and + Henry-street there were stationary crowds, who chose these positions + to get a good view of the great display as it progressed towards + Cavendish-row. Through this comparatively narrow thoroughfare the + procession passed along into North Frederick-street and + Blessington-street, and thence by Upper Berkeley-street to the + Circular-road. Along this part of the route there were crowds of + spectators, male and female, most of whom wore the crape, and green + ribbons, all hurrying forward to the cemetery, the last stage of the + long and fatiguing journey of the procession. As the first part of + the array passed the Mater Misericordiæ Hospital, and came in sight + of the Mountjoy Prison, they gave a cheer, which was caught up by + those behind, and as file after file passed the prison the cheers + were repeated. With unbroken and undiminished ranks the procession + pressed on towards Glasnevin; but when the head had reached the + cemetery, the closing section must have been far away in the city. + The first part of the procession halted outside the gate of the + cemetery, the spacious area in front of which was in a few moments + completely filled by the dense masses who came up. A move then became + necessary, and accordingly the procession recommenced its journey by + passing through the open gates of the cemetery down the pathways + leading to the M'Manus grave, followed by some of the bands playing + the "Adeste Fidelis." As fast as the files passed through others + marched up, and when, after some time the carriage containing Mr. + John Martin arrived, the open ground fronting the cemetery was one + enormous mass of the processionists, while behind on the road leading + up to this point thousands were to be seen moving slowly forward to + the strains of the "Dead March," given out by the bands immediately + in front of the hearses.</p> +<br /> + +<p> MR. MARTIN'S ADDRESS.</p> + +<p> On the arrival of the procession at the cemetery Mr. Martin was + hailed with loud applause. It being understood he would make some + observations, the multitude gathered together to hear him. He + addressed the vast multitude from the window of a house overlooking + the great open space in front of the cemetery. On presenting himself + he was received with enthusiastic cheering. When silence was obtained + he said:—"Fellow-countrymen—This is a strange kind of funeral + procession in which we are engaged to-day. We are here, a vast + multitude of men, women, and children in a very inclement season of + the year, under rain and through mud. We are here escorting three + empty hearses to the consecrated last resting place of those who die + in the Lord (cheers). The three bodies that we would tenderly bear to + the churchyard, and would bury in consecrated ground with all the + solem rites of religion, are not here. They are away in a foreign and + hostile land (hear, hear), where they have been thrown into + unconsecrated ground, branded by the triumphant hatred of our enemies + as the vile remains of murderers (cries of 'no murderers,' and + cheers). Those three men whose memories we are here to-day to + honour—Allen, O'Brien, and Larkin—they were not murderers (great + cheering). [A Voice—Lord have mercy on them.] Mr. Martin—These men + were pious men, virtuous men—they were men who feared God and loved + their country. They sorrowed for the sorrows of the dear old native + land of their love (hear, hear). They wished, if possible, to save + her, and for that love and for that wish they were doomed to an + ignominious death at the hands of the British hangman (hear, hear). + It was as Irish patriots that these men were doomed to death + (cheers). And it was as Irish patriots that they met their death + (cheers). For these reasons, my countrymen, we here to-day have + joined in this solemn procession to honour their memories (cheers). + For that reason we say from our hearts, 'May their souls rest in + peace' (cries of Amen, and cheers). For that reason, my countrymen, + we join in their last prayer, 'God save Ireland' (enthusiastic + cheering). The death of these three men was an act of English policy. + [Here there was some interruption caused by the fresh arrivals and + the pushing forward.] I beg of all within reach of my voice to end + this demonstration as we have carried it through to the present time, + with admirable patience, in the best spirit, with respect, silence + and solemnity, to the end (cheers, and cries of 'we will'). I say the + death of these men was a legal murder, and that legal murder was an + act of English policy (cheers)—of the policy of that nation which + through jealousy and hatred of our nation, destroyed by fraud and + force our just government sixty-seven years ago (cheers). They have + been sixty-seven sad years of insult and robbery—of + impoverishment—of extermination—of suffering beyond what any other + subject people but ours have ever endured from the malignity of + foreign masters (cheers). Nearly through all these years the Irish + people continued to pray for the restoration of their Irish national + rule. They offered their forgiveness to England. They offered even + their friendship to England if she would only give up her usurped + power to tyrannise over us, and leave us to live in peace, and as + honourable neighbours. But in vain. England felt herself strong + enough to continue to insult and rob us, and she was too greedy and + too insolent to cease from robbing and insulting us (cheers). Now it + has come to pass as a consequence of that malignant policy pursued + for so many long years—it has come to pass that the great body of + the Irish people despair of obtaining peaceful restitution of our + national rights (cheers). And it has also come to pass that vast + numbers of Irishmen, whom the oppression of English rule forbade to + live by honest industry in their own country, have in America learned + to become soldiers (cheers). And those Irish soldiers seem resolved + to make war against England (cheers). And England is in a panic of + rage and fear in consequence of this (loud cheers). And being in a + panic about Fenianism, she hopes to strike terror into her Irish + malcontents by a legal murder (loud cheers). England wanted to show + that she was not afraid of Fenianism—[A Voice—'She will be.'] And + she has only shown that she is not afraid to do injustice in the face + of Heaven and of man. Many a wicked statute she has framed—many a + jury she has packed, in order to dispose of her Irish political + offenders—but in the case of Allen, O'Brien, and Larkin, she has + committed such an outrage on justice and decency as to make even many + Englishmen stand aghast. I shall not detain you with entering into + details with which you are all well acquainted as to the shameful + scenes of the handcuffing of the untried prisoners—as to the + shameful scenes of the trial up to the last moment, when the three + men—our dearly beloved Irish brethren, were forced to give up their + innocent lives as a sacrifice for the cause of Ireland (loud cheers); + and, fellow-countrymen, these three humble Irishmen who represented + Ireland on that sad occasion demeaned themselves as Christians, as + patriots, modestly, courageously, piously, nobly (loud cheers). We + need not blush for them. They bore themselves all through with a + courage worthy of the greatest heroes that ever obtained glory upon + earth. They behaved through all the trying scenes I referred to with + Christian patience—with resignation to the will of God—(hear, + hear)—with modest, yet proud and firm adherence to principle + (cheers). They showed their love to Ireland and their fear of God + from the first to the last (cheers). It is vain for me to attempt to + detain you with many words upon this matter. I will say this, that + all who are here do not approve of the schemes for the relief of + Ireland that these men were supposed to have contemplated; but all + who love Ireland, all generous, Christian men, and women, and + children of Ireland—all the children growing up to be men and women + of Ireland (hear, hear)—all those feel an intense sympathy, an + intense love for the memories of these three men whom England has + murdered in form of law by way of striking terror into her Irish + subjects. Fellow-countrymen, it is idle almost for me to persist in + addressing weak words of mine to you—for your presence here + to-day—your demeanour all through—the solemn conduct of the vast + multitude assembled directly under the terrorism of a hostile + government—say more than the words of the greatest orator—more than + the words of a Meagher could say for you (cheers). You have behaved + yourselves all through this day with most admirable spirit as good + Irishmen and women—as good boys and girls of holy Ireland ought to + be (cheers), and I am sure you will behave so to the end (cries of + yes, yes). This demonstration is mainly one of mourning for the fate + of these three good Irishmen (cheers), but fellow-countrymen, and + women, and boys, and girls, it is also one of protest and indignation + against the conduct of our rulers (hear, hear, and cheers) Your + attendance here to-day is a sufficient protest. Your orderly + behaviour—your good temper all through this wretched weather—your + attendance here in such vast numbers for such a purpose—avowedly and + in the face of the terrorism of the government, which falls most + directly upon the metropolis—that is enough for protest. You in your + multitudes, men, women, and children, have to-day made that protest. + Your conduct has been admirable for patience, for good nature, for + fine spirit, for solemn sense of that great duty you were resolved to + do. You will return home with the same good order and + inoffensiveness. You will join with me now in repeating the prayer of + the three martyrs whom we mourn—'God save Ireland!' And all of you, + men, women, and boys and girls that are to be men and women of holy + Ireland, will ever keep the sentiment of that prayer in your heart of + hearts." Mr. Martin concluded amid enthusiastic cheering.</p> + +<p> At the conclusion of his address, Mr. Martin, accompanied by a large + body of the processionists, proceeded to the cemetery, where Mr. + Martin visited the grave of Terence Bellew M'Manus. The crowds walked + around the grave as a mark of respect for the memory of M'Manus. Mr. + Martin left the cemetery soon after, end went to his carriage; the + people gathered about him and thanked him, and cheered him loudly. + The vast assemblage dispersed in the most orderly and peaceful + manner, and returned to their homes. They had suffered much from the + severity of the day, but they exhibited to the end the most + creditable endurance and patience. In the course of an hour the roads + were cleared and the city soon resumed its wonted quiet + aspect.[Footnote: In consequence of some vile misstatements in the + government press, which represented the crowd to have not only + behaved recklessly, but to have done considerable damaged to the + graves, tombs, shrubs, and fences in the cemetery, Mr. Coyle, + secretary to the Cemetery Board, published in the <i>Freeman</i> an + official contradiction, stating that not one sixpence worth of damage + had been done. It is furthermore worthy of note, that at the city + police offices next morning not one case arising out of the + procession was before the magistrates, and the charges for + drunkenness were one-fourth below the average on Mondays!]</p></div> + +<p>Of the numbers in the procession "An Eye-witness," writing in the +<i>Freeman</i>, says:—</p> + + +<div class='blkquot'><p>The procession took one hour and forty minutes to pass the Four + Courts. Let us assume that as the average time in which it would pass + any given point, and deduct ten minutes for delays during that time. + If, then, it moved at the rate of two and a-half miles per hour, we + find that its length, with those suppositions, would be three and + three-quarters miles. From this deduct a quarter of a mile for breaks + or discrepancies, for we find the length of the column, if it moved + in a continuous line, to be three and a-half miles. We may now + suppose the ranks to be three feet apart, and consisting of ten in + each, at an average. The total number is therefore easily obtained by + dividing the product of 3½ and 5,280 by 3, and multiplying the + quotient by 10. This will give as a result 61,600 which, I think, is + a fair approximation to the number of people in the procession alone.</p></div> + +<p>Even in the columns of the <i>Irish Times</i> a letter appeared giving an +honest estimate of the numbers in the procession. It was signed +"T.M.G.," and said:—</p> + +<div class='blkquot'><p>I believe there was not fewer than 60,000 persons taking part in the + procession on Sunday. My point of observation was one of the best in + the city, seeing, as I could, from the entrance to the Lower Castle + Yard to the College Gates. I was as careful in my calculation as an + almost quick march would allow. There were also a few horsemen, three + hearses, and sixty-one hired carriages, cabs, and cars. A + correspondent in your columns this morning speaks of rows of from + four to nine deep; I saw very many of from ten to sixteen deep, + especially among the boys. The procession, took exactly eighty + minutes to pass this. There were several thousand onlookers within my + view.</p></div> + +<p>Of the ladies in the procession the <i>Freeman's Journal </i> bore the +following testimony, not more generous than truthful:—</p> + +<div class='blkquot'><p>The most important physical feature was not, however, the respectable + dress, the manly bearing, the order, discipline, and solemnity of the + men, but the large bodies of ladies who, in rich and costly attire, + marched the whole length of the long route, often ankle deep in mud, + utterly regardles of the incessant down-pour of rain which deluged + their silks and satins, and melted the mourning crape till it seemed + incorporated with the very substance of the velvet mantles or rich + shawls in which so many of the fair processionists were enveloped. In + vain did well-gloved hands hold thousands of green parasols and + umbrellas over their heads as they walked four and five deep through + the leading thoroughfares yesterday. The bonnets with their 'green + and crape' were alone defensible, velvets and Paisleys, silks and + satins, met one common fate—thorough saturation. Yet all this and + more was borne without a murmur. These ladies, and there were many + hundreds of them, mingled with thousands in less rich attire, went + out to cooperate with their fathers, brothers, and sweethearts in + honouring three men who died upon the ignominious gallows, and they + never flinched before the torrents, or swerved for an instant from + the ranks. There must be some deep and powerful influence underlying + this movement that could induce thousands of matrons and girls of + from eighteen to two and-twenty, full of the blushing modesty that + distinguishes Irishwomen, to lay aside their retiring characteristics + and march to the sound of martial music through every thoroughfare in + the metropolis of this country decked in green and crape.</p></div> + +<p>The Dublin correspondent of the <i>Tipperary Free Press</i> referred to the +demonstration as follows:—</p> + +<div class='blkquot'><p>Arrived in Sackville-street we were obliged to leave our cab and + endeavour, on foot, to force a way to our destination. This + magnificent street was crowded to repletion, and the approaches to + Beresford-place were 'black with people.' It was found necessary, + owing to the overwhelming numbers that assembled, to start the + procession before the hour named for its setting forth, and so it was + commenced in wonderful order, considering the masses that had to be + welded into shape. Marshals on foot and on horseback proceeded by the + side of those in rank and file, and they certainly wore successful in + preserving regularity of procedure. Mourning coaches and cabs + followed, and after each was a procession of women, at least a + thousand in number. Young and old were there—all decked in some + shape or other with green; many green dresses—some had green + feathers in their hats, but all had green ribbons prominently + displayed. The girls bore all the disagreeability of the long route + with wonderful endurance; it was bitterly cold—a sleety rain fell + during the entire day, and the roads were almost ankle deep in + mud—yet when they passed me on the return route they were apparently + as unwearied as when I saw them hours before. As the procession + trooped by—thousand after thousand—there was not a drunken man to + be seen—all were calm and orderly, and if they were, as many of them + were—soaked through—wet to the skin—they endured the discomfiture + resolutely. The numbers in the procession have been variously + estimated, but in my opinion there could not have been less than + 50,000. But the demonstration was not confined to the processionists + alone; they walked through living walls, for along the entire route a + mass of people lined the way, the great majority of whom wore some + emblem of mourning, and every window of every house was thronged with + ladies and children, nearly all of whom were decorated. All semblance + of authority was withdrawn from sight, but every preparation had been + made under the personal direction of Lord Strathnairn, the + commander-in-chief, for the instant intervention of the military, had + any disturbances taken place. The troops were confined to barracks + since Saturday evening; they were kept in readiness to march at a + moment's notice; the horses of the cavalry were saddled all day long, + and those of the artillery were in harness. A battery of guns was in + the rere yard of the Four Courts, and mounted orderlies were + stationed at arranged points so as to convey orders to the different + barracks as speedily as possible. But, thanks to Providence, all + passed off quietly; the people seemed to feel the responsibility of + their position, and accordingly not even an angry word was to be + heard throughout the vast assemblage that for hours surged through + the highways of the city.</p></div> + +<p>The <i>Ulster Observer</i>, in the course of a beautiful and sympathetic +article, touched on the great theme as follows:—</p> + +<div class='blkquot'><p>The main incidents of the singular and impressive event are worthy of + reflection. On a cold December morning, wet and dreary as any morning + in December might be, vast crowds assembled in the heart of Dublin to + follow to consecrated ground the empty hearses which bore the names + of the Irishmen whom England doomed to the gallows as murderers. The + air was piercingly chill, the rain poured down in torrents, the + streets were almost impassable from the accumulated pools of mingled + water and mud, yet 80,000 people braved the inclemency of the + weather, and unfalteringly carried out the programme so fervently + adopted. Amongst the vast multitude there were not only stalwart men, + capable of facing the difficulties of the day, but old men, who + struggled through and defied them; and, strangest of all, 'young + ladies, clothed in silk and velvet,' and women with tender children + by their sides, all of whom continued to the last to form a part of + the <i>cortege</i>, although the distance over which it passed must have + taxed the strongest physical energy. What a unanimity of feeling, or + rather what a naturalness of sentiment does not this wonderful + demonstration exhibit? It seems as if the 'God save Ireland' of the + humble successors of Emmet awoke in even the breast of infancy the + thrill which must have vibrated sternly and strongly in the heart of + manhood. Without exalting into classical grandeur the simple and + affectionate devotion of a simple and unsophisticated people, we + might compare this spectacle to that which ancient Rome witnessed, + when the ashes of Germanicus were borne in solemn state within her + portals. There were there the attendant crowd of female mourners, and + the bowed heads and sorrowing hearts of strong men. If the Irish + throngs had no hero to lament, who sustained their glory in the + field, and gained for them fresh laurels of victory, theirs was at + least a more disinterested tribute of grief, since it was paid to the + unpretending merit which laid down, life with the simple prayer of + 'God save Ireland!' Amidst all the numerous thousands who proceeded + to Glasnevin, there was not, probably, one who would have sympathised + with any criminal offence, much less with the hideous one of murder. + And yet these thousands honoured and revered the memory of the men + condemned in England as assassins, and ignominiously buried in + felons' graves.</p></div> + +<p>This mighty demonstration—at once so unique, so solemn, so impressive, +so portentous—was an event which the rulers of Ireland felt to be of +critical importance. Following upon the Requiem Masses and the other +processions, it amounted to a great public verdict which changed beyond +all resistance the moral character of the Manchester trial and +execution. If the procession could only have been called a "Fenian" +demonstration, then indeed the government might hope to detract from its +significance and importance. The sympathy of "co-conspirators" with +fallen companions could not well be claimed as an index of general +<i>public opinion</i>. But here was a demonstration notoriously apart from +Fenianism, and it showed that a moral, a peaceable, a virtuous, a +religious people, moved by the most virtuous and religious instincts, +felt themselves coerced to execrate as a cowardly and revolting crime +the act of state policy consummated on the Manchester gibbet. In fine, +the country was up in moral revolt against a deed which the perpetrators +themselves already felt to be of evil character, and one which they +fain would blot for ever from public recollection.</p> + +<p>What was to be done? For the next ensuing Sunday similar demonstrations +were announced in Killarney, Kilkenny, Drogheda, Ennis, Clonmel, +Queenstown, Youghal, and Fermoy—the preparations in the first named +town being under the direction of, and the procession about to be led +by, a member of parliament, one of the most distinguished and +influential of the Irish popular representatives—The O'Donoghue. What +was to be done? Obviously, as the men had been hanged, there could be no +halting halfway now. Having gone so far, the government seemed to feel +that it must need go the whole way, and choke off, at all hazards, these +inconvenient, these damnatory public protests. No man must be allowed to +speak the Unutterable Words, which, like the handwriting on the wall in +the banquetting hall of Belshazzar, seemed ever to be appearing before +the affrighted consciences of Ireland's rulers. Be it right or be it +wrong, be it justice or be it murder, the act must now be upheld—in +fact, must not be alluded to. There must be <i>silence</i> by law, on what +had been done beneath the Manchester gallows-tree.</p> + +<p>But here there presented itself a difficulty. Before the government had +any idea that the public revulsion would become so alarmingly extensive, +the responsible ministers of the crown, specifically interrogated on the +point, had, as we have seen, declared the funeral processions not to be +illegal, and how, now, could the government interpose to prevent them? +It certainly was a difficulty which there was no way of surmounting save +by a proceeding which in any country constitutionally governed would +cost its chief authors their lives on impeachment. The government, +notwithstanding the words of its own responsible chiefs—<i>on the faith +of which the Dublin procession was held, and numerous others were +announced</i>—decided to treat as illegal the proceedings they had but a +week before declared to be <i>not</i> illegal; decided to prosecute the +processionists who had acted on the government declarations; and decided +to prevent, by sabre and cannon—by slaughter if necessary—the further +processions announced in Killarney, Clonmel, Kilkenny, and elsewhere!</p> + +<p>On the evening of Thursday, the 12th December, Dublin city was flung +into the most intense excitement by the issue of the following +Government Proclamation:—</p> + +<hr style='width: 45%;' /> + +<div class='blkquot'><h2>BY THE LORD LIEUTENANT AND COUNCIL OF IRELAND.</h2> + +<h2>A PROCLAMATION.</h2> + +<p> ABERCORN.</p> + +<p> Whereas it has been publicly announced that a meeting is to assemble + in the city of <i>Kilkenny</i>, and that a procession is to take place + there on Sunday, 15th day of December instant:</p> + +<p> And whereas placards of the said intended meeting and procession have + been printed and circulated, stating that the said intended + procession is to take place in honour of certain men lately executed + in Manchester for the crime of murder, and calling upon Irishmen to + assemble in thousands for the said procession:</p> + +<p> And whereas meetings and processions of large numbers of persons have + been already held and have taken place in different parts of the + United Kingdom of Great Britain and Ireland under the like pretence, + at some of which, and particularly at a meeting and procession in the + city of Dublin, language of a seditious and inflammatory character + has been used, calculated to excite discontent and disaffection in + the minds of her Majesty's subjects, and to create ill-will and + animosity amongst them, and to bring into hatred and contempt the + government and constitution of the country as by law established:</p> + +<p> And whereas the said intended meeting and procession, and the objects + of the persons to be assembled, and take part therein, are not legal + or constitutional, but are calculated to bring into hatred and + contempt the government of the United Kingdom as by law established, + and to impede the administration of justice by intimidation, and the + demonstration of physical force.</p> + +<p> Now we, the Lord Lieutenant and General Governor of Ireland, by and + with the advice of her Majesty's Privy Council in Ireland, being + satisfied that such meetings and processions as aforesaid can only + tend to serve the ends of factious, seditions, and traitorous + persons, and to the violation of the public peace, do hereby caution + and forewarn all persons whomsoever that they do abstain from + assembling at any such meeting, and from joining or taking part in + any such procession.</p> + +<p> And we do hereby order and enjoin all magistrates and officers + entrusted with the preservation of the public peace, and others whom + it may concern, to aid and assist the execution of the law, in + preventing the said intended meeting and procession, and in the + effectual suppression of the same.</p> + +<p> Given at the Council Chamber in Dublin, this Twelfth day of + December, 1807.</p> +<br /> + +<p> RICHARD C. DUBLIN. + A. BREWSTER, C. + MAYO. + STRATHNAIRN. + FRED. SHAW. + R. KEATINGE. + WILLIAM KEOGH. + JOHN E. WALSH. + HEDGES EYRE CHATTERTON. + ROBERT R. WARREN.</p></div> + +<p>Everybody knew what this proclamation meant. It plainly enough announced +that not only would the further demonstrations be prevented, but that +the Dublin processionists were to feel "the vengeance of the law"—that +is the vengeance of the Manchester executioners. Next day the city was +beset with the wildest rumours as to the arrests to be made or the +prosecutions to be commenced. Everyone seemed to conclude of course that +Mr. John Martin, Mr. A.M. Sullivan, and the Honorary Secretaries of the +Procession Committee, were on the crown prosecutor's list; but besides +these the names of dozens of gentlemen who had been on the committee, or +who had acted as stewards, marshals, &c., at the funeral, were likewise +mentioned. On Saturday it became known that late on the previous evening +crown summonses had been served on Mr. J.J. Lalor, Dr. J.C. Waters, and +Mr. James Scanlan, requiring them to attend on the following Tuesday at +the Head Police Office to answer informations sworn against them for +taking part in an "illegal procession" and a "seditious assembly." A +summons had been taken out also against Mr. Martin; but as he had left +Dublin for home on Friday, the police officers proceeded after him to +Kilbroney, and "served" him there on Saturday evening.</p> + +<p>Beside and behind this open move was a secret castle plot so utterly +disreputable that, as we shall see, the Attorney-General, startled by +the shout of universal execration which it elicited, sent his official +representative into public court to repudiate it as far as <i>he</i> was +concerned, and to offer a public apology to the gentlemen aggrieved by +it. The history of that scandalous proceeding will appear in what +follows.</p> + +<p>On Monday, 16th December, 1867, the Head Police Office, Exchange-court, +Dublin, presented an excited scene. The daily papers of the day report +the proceedings as follows:—</p> + +<div class='blkquot'><p>At one o'clock, the hour appointed by the summons, the defendants + attended in court, accompanied by their professional advisers and a + number of friends, including Alderman Plunkett, Mr. Butler, T.C.; the + Rev. P. Langan, P.P., Ardcath; A.M. Sullivan, T.C.; T.D. Sullivan, + J.J. Lalor, &c. Mr. Dix and Mr. Allen, divisional magistrates, + presided. Mr. James Murphy, Q.C., instructed by Mr. Anderson, + represented the crown. Mr. Heron, Q.C., and Mr. Molloy appeared for + J.J. Lalor. Mr. Crean appeared for Dr. Waters. Mr. Scallan appeared + as solicitor for J.J. Lalor and for Dr. Waters.</p> + +<p> It was generally understood, on arrival at the Head-office, that the + cases would be heard in the usual court up stairs, and, accordingly, + the defendants and the professional gentlemen waited in the court for + a considerable time after one o'clock. It was then stated that the + magistrates would sit in another court down stairs, and all the + parties moved towards the door for the purpose of going there. Then + another arrangement was made, that the change would not take place, + and the parties concerned thereupon returned to their places. But in + a few minutes it was again announced that the proceedings would be in + the court down stairs. A general movement was made again by + defendants, by counsel, by solicitors, and others towards that court, + but on arriving at the entrances they were guarded by detectives and + police. The benches, which ought to have been reserved for the bar + and solicitors, and also for the press, were occupied by detectives, + and for a considerable time great difficulty was experienced in + getting places.</p> + +<p> Mr. George M'Dermott, barrister, applied to the magistrates to assign + a place for the members of the bar.</p> + +<p> Mr. Dix—I don't know that the bar, unless they are engaged in the + cases, have any greater privilege than anyone else. We have a + wretched court here.</p> + +<p> Mr. M'Dermott said the bar was entitled to have room made for them + when it could be done.</p> + +<p> Mr. W.L. Hackett—All the seats should not be occupied by policemen + to the exclusion of the bar.</p> + +<p> Mr. Scallan, solicitor, who spoke from the end of the table, + said—Your worships, I am solicitor for one of the traversers, and I + cannot get near my counsel to communicate with him. The court is + filled with detectives.</p> + +<p> Mr. Molloy—My solicitor has a right to be here; I want my solicitor + to be near me.</p> + +<p> Mr. Dix—Certainly; how can men defend their clients if they are + inconvenienced.</p> + +<p> An appeal was then made to the detectives who occupied the side bar + behind the counsel to make way.</p> + +<p> Mr. Murphy, Q.C., said one was a policeman who was summoned. Mr. + Dix—The police have no right to take seats.</p> + +<p> The detectives then yielded, and the professional gentlemen and the + reporters were accommodated.</p> + +<p> Mr. Dix then called the cases.</p> + +<p> Mr. Molloy—I appear with Mr. Heron, Q.C., on behalf of J.J. Lalor.</p> + +<p> Mr. Crean—I appear for Dr. Waters.</p> + +<p> Mr. John Martin—I appear on behalf of myself.</p> + +<p> Mr. Crean—I understand there is an impression that Dr. Waters has + been summoned, but he has not.</p> + +<p> Mr. Dix—If he appears that cures any defect.</p> + +<p> Mr. Crean—I appear on his behalf, but I believe his personal + attendance is necessary.</p> + +<p> Mr. Dix—Does anyone appear for Mr. Scanlan?</p> + +<p> There was no answer.</p> + +<p> Mr. Murphy, Q.C.—I ask whether Dr. Waters and Mr. Lalor appear in + court.</p> + +<p> Mr. Molloy—My client Mr. Lalor, is in court.</p> + +<p> Mr. Crean—I believe my client is not in court.</p> + +<p> Mr. Murphy, Q.C.—I will prove the service of the summons against Dr. + Waters. If there is any defect in the summons it can be remedied. I + will not proceed against any person who does not appear.</p> + +<p> Mr. Dix—Am I to take it there is no appearance for Dr. Waters or Mr. + Scanlan?</p> + +<p> Mr. Crean—I appear for Dr. Waters. I believe he is not in court. It + was stated in the newspapers that he was summoned, but I am + instructed he has not been summoned at all.</p></div> + +<p>Mr. Murphy, Q.C., then proceeded in a careful and precise address to +state the case for the crown. When he had concluded, and was about +calling evidence, the following singular episode took place:—</p> + +<div class='blkquot'><p>Mr. Dix—You only proceed against two parties?</p> + +<p> Mr. Murphy—I shall only proceed against the parties who + attend—against those who do not attend I shall not give evidence.</p> + +<p> Mr. John Martin—If I am in order I would say, to save the time of + the court and to save the public money, that I would be very glad to + offer every facility to the crown. I believe, Sir, you (to Mr. + Murphy) are the crown?</p> + +<p> Mr. Murphy—I represent the crown.</p> + +<p> Mr. Martin—I will offer every facility to the crown for establishing + the facts both as to my conduct and my words.</p> + +<p> Mr. A.M. Sullivan—I also will help you to put up some one, as you + seem scarce of the accused. I have been summoned myself—</p> + +<p> Mr. Dix—Who are you?</p> + +<p> Mr. Sullivan—My name is Alexander M. Sullivan, and, meaning no + disrespect to either of the magistrates, I publicly refuse even to + be sworn. I was present at the funeral procession—I participated in + it openly, deliberately, heartily—and I denounce as a personal and + public outrage the endeavour to degrade the national press of this + country by attempting to place in the light of—</p> + +<p> Mr. Dix—I cannot allow this. This is not a place for making + speeches. I understand you are not summoned here at all.</p> + +<p> Mr. Murphy—He is only summoned as a witness.</p> + +<p> Mr. Dix—When you (to Mr. Sullivan) are called on will be the time to + hear you, not now.</p> + +<p> Mr. Sullivan—I ask your worship, with your usual courtesy, to hear + me while I complain publicly of endeavouring to place the editor of a + national journal on the list of crown witnesses in this court as a + public and personal indignity—and as an endeavour to destroy the + influence of that national press, whose power they feel and fear, but + which they dare not prosecute. I personally complain—</p> + +<p> Mr. Murphy—I don't know that this should be permitted.</p> + +<p> Mr. Sullivan—Don't interrupt me for a moment.</p> + +<p> Mr. Dix—Mr. Sullivan wants to have himself included in the summons + and charge.</p> + +<p> Mr. Murphy—That cannot be done at present.</p> + +<p> Mr. Sullivan—With one sentence I will conclude.</p> + +<p> Mr. Murphy—I don't intend to have you called as a witness—</p> + +<p> Mr. Sullivan—It is an endeavour to accomplish my imprisonment for + contempt, when the government "willing to wound, afraid to strike," + know that they dare not accuse me as a Fenian—</p> + +<p> Mr. Dix—You are not here as a Fenian.</p> + +<p> Mr. Sullivan—For a moment. Knowing well, your worship, that they + could not get in all Ireland a jury to convict me, to secure my + imprisonment openly and fairly, they do this. I now declare that I + participated in that funeral, and I defy those who were guilty of + such cowardice as to subpoena me as a crown witness (applause).</p> + +<p> Mr. Crean—I perceive that my client, Dr. C. Waters, is now in court. + In order to facilitate business, I shall offer no further objection; + but, as a matter of fact, he was not summoned.</p></div> + +<p>Then the case proceeded, the police giving their evidence on the whole +very fairly, and testifying that the procession was one of the most +peaceable, orderly, solemn, and impressive public demonstrations ever +seen in Dublin. Against Mr. Martin it was testified that he marched at +the head of the procession arm-in-arm with Mr. A.M. Sullivan and another +gentleman; and that he delivered the memorable speech at the cemetery +gate. Against Dr. Waters and Mr. Lalor it was advanced that they were +honorary secretaries of the funeral committee, and had moreover acted, +the former as a marshal, the latter as a steward in the procession. It +was found, however, that the case could not be closed that day; and +accordingly, late in the evening, the magistrates intimated that they +would adjourn over to next morning. Suddenly from the body of the court +is heard a stentorian voice:—</p> + +<div class='blkquot'><p>Mr. Bracken—I am summoned here as a crown witness. My name is Thomas + Bracken. I went, heart and soul into that procession (applause)—</p> + +<p> Mr. Anderson, junior—I don't know this gentleman.</p> + +<p> Mr. Bracken—I am very proud that neither you nor any one like you + knows me (applause).</p> + +<p> Mr. Dix—I cannot hear you.</p> + +<p> Mr. Bracken—I have been brought here as a crown witness away from my + business, and losing my time here.</p> + +<p> Mr. Donal Sullivan—I am another, and I avow myself in the same way.</p> + +<p> Several voices—"So am I."</p> + +<p> Mr. Bracken—I want to know why I should be taken from my business, + by which I have to support my family, and put me before the eyes of + my countrymen as a crown witness (applause)? I went heart and soul + into the procession, and I am ready to do the same to-morrow, and + abide by the consequences (applause). It is curious that the + government should point me out as a crown witness.</p> + +<p> Mr. Murphy—I ask for an adjournment till to-morrow.</p> + +<p> Mr. Dix—It is more convenient to adjourn now.</p> + +<p> Mr. Martin—I don't want to make any insinuations against the + gentlemen who represent the crown, nor against the police, but I + mention the fact, in order that they may relieve themselves from the + odium which would attach to them if they cannot explain it. This + morning a paragraph appears in one of the principal Dublin daily + papers, the <i>Irish Times</i>, in which it is said that I, John Martin, + have absconded; I must presume that the information was supplied to + that paper either by the crown representatives or by the police.</p> + +<p> Mr. Murphy, Q.C.—It is right to state, so far as I am informed, that + an endeavour was made to serve Mr. Martin in Dublin. When the + summonses were issued he was not in Dublin, but had gone down to the + country, either to his own or the house of his brother, or—</p> + +<p> Mr. Ross Todd, who sat beside Mr. Martin, here jumped up and said, + "To his own house, sir, to his own house"—</p> + +<p> Mr. Murphy—Very well. A constable was sent down there, and saw Mr. + Martin, and he reported that Mr. Martin said he would attend + forthwith.</p> + +<p> Mr. Dix—And he has done so?</p> + +<p> Mr. Murphy—I have no other knowledge. It was briefed to me that Mr. + Martin said he would attend forthwith.</p> + +<p> Mr. Martin—I am glad I have given the representatives of the crown + an opportunity of making that statement. But I cannot understand how, + when the representatives of the crown had the information, and when I + told the constables I would attend—as I have done at great + inconvenience and expense to myself—I cannot understand how a + newspaper should come to say I had absconded.</p> + +<p> Mr. Murphy—I cannot understand it either; I can only tell the facts + within my own knowledge.</p> + +<p> Mr. Molloy said it seemed very extraordinary that witnesses should be + summoned, and the crown say they were not.</p> + +<p> Mr. Sullivan wished his summons to be examined. Did the magistrates + sign it?</p> + +<p> Mr. Dix—Unless I saw the original I could not say.</p> + +<p> Mr. J.J. Lalor—Sir John Gray has been summoned as a witness, too. It + is monstrous.</p> + +<p> Sir John Gray, M.P.—I wish to state to your worship the unpleasant + circumstances under which I find myself placed. At an advanced hour + on Saturday I learned that the crown intended to summon as witnesses + for the prosecution some of the gentlemen connected with my + establishment. I immediately communicated with the crown prosecutor, + and said it was unfair towards these gentlemen to have them placed in + such an odious position, and that their refusal to act as crown + witnesses might subject them to serious personal consequences; I said + it would not be right of me to allow any of the gentlemen of my + establishment to subject themselves to the consequences of such + refusal, as I knew well they would all refuse. I suggested, if any + unpleasant consequences should follow, they should fall on the head + of the establishment alone (applause). I said "summon me, and deal + with me." I am here now, sir, to show my respect for you personally + and for this court; but I wish to state most distinctly that I will + never consent to be examined as a crown witness (applause).</p> + +<p> Mr. Anderson, jun., here interposed.</p> + +<p> Sir John Gray—I beg your pardon. I am addressing the bench, and I + hope I won't be interrupted. Some of my family are going to-night to + England to spend the Christmas with my son. I intend to escort them. + I will not be here to-morrow. I wish distinctly to state so. If I + were here, my respect for you and the bench, would induce me to be + present, but I would be present only to declare what I have already + stated, that I would not consent to be sworn or to give any evidence + whatever in this prosecution. I think it right to add that I attach + no blame whatever to the police authorities in this transaction. They + have, I am sure, performed their duty in this case with that + propriety which has always characterised their conduct. Neither do I + attach any blame to the crown prosecutor. I simply desire to state, + with the most profound respect for the bench and the court, that I + will not be a witness (loud applause).</p> + +<p> Mr. Anderson—We don't intend to examine Sir John Gray, but I wish to + say that if the police believed any one could give important + evidence, it is a new proposition to me that it is an indignity upon + a man to summon him as a crown witness—</p> + +<p> Mr. A.M. Sullivan—I say it is an indignity, and that the crown + solicitor should not seek to shift the responsibility on the police, + who only do what they are told.</p> + +<p> Mr. Anderson—I am not trying to shift anything.</p> + +<p> Mr. Sullivan—You are. You are trying to shift the responsibility of + having committed a gross indignity upon a member of parliament, upon + myself, and upon many honest men here.</p> + +<p> Several persons holding up summonses said "hear, hear," and "yes."</p> + +<p> Mr. Sullivan—This I charge to have been done by Mr. Anderson as his + base revenge upon honest men who bade him defiance. Mr. Anderson must + answer for this conduct. It is a vile conspiracy—a plot against + honest men, who here now to his face tell him they scorn and defy him + (applause).</p> + +<p> Mr. Dix—I adjourn the case till one o'clock to-morrow.</p> + +<p> The proceedings were then adjourned.</p></div> + +<p>So far have we quoted from the <i>Freeman's Journal</i>. Of the closing scene +<i>Saunders's News-Letter</i>, grieving sorely over such a fiasco, gives the +following account:—</p> + +<div class='blkquot'><p>The adjournment of the court was attended with a scene of tumult and + disorder that was rarely, or never, witnessed in a police court, in + presence of the magistrates and a large number of police—both + inspectors and detectives. The crowd of unwilling witnesses who had + been summoned to give evidence against the defendants, clamorously + protested against being brought there as crown witnesses, avowed that + they were present taking part in the procession, and loudly declared + that they would not attend at any subsequent hearing of the case. The + latter part of the case indeed was marked with frequent interruptions + and declarations of a similar kind, often very vociferously uttered. + The proceedings terminated amid the greatest and unchecked disorder.</p></div> + +<p>In plain words, "Scene I, Act I," in what was meant to be a most solemn, +awe-inspiring government function, turned out an unmistakable farce, if +not a disastrous break down. Even the government journals themselves, +without waiting for "Scene II.," (though coming off immediately) raised +a shout of condemnation of the discreditable bungle, and demanded that +it should be forthwith abandoned. Considering the course ultimately +taken by the government, these utterances of the government organs +themselves, have a serious meaning and are of peculiar importance. The +ultra-orange <i>Evening Mail</i> (Tuesday, 17th December,) said:—</p> + +<div class='blkquot'><h3>THE POLICE-COURT SCENE.</h3> + +<p> The scenes of yesterday in the Dublin police-court will cause an + astonished public to put the question, is the government insane? They + suppress the processions one day, and on the next proceed with + deliberation to destroy all possible effect from such an act by + inviting the magistrates' court to be used as a platform from whence + a fresh roar of defiance may be uttered. The originators of the + seditious demonstrations are charged with having brought the + government of the kingdom into hatred and contempt; but what step + taken, or word spoken or written, from the date of the first + procession to the last, brought the government into anything like the + "contempt" into which it plunged itself yesterday? The prosecutions + now instituted are in themselves an act of utter weakness. We so + declared when we imagined that they would be at least rationally + conducted; but what is to be said now? It is literally impossible to + give any sane explanation of the course taken in summoning as a crown + witness one who must have been known to be prepared to boast of his + participation in the procession. Mr. Sullivan boldly bearded the + prosecutors of his brethren. It was a splendid opportunity for him. + "I was present (he said) at that funeral procession. I participated + in it, deliberately and heartily. I call this a personal and public + outrage, to endeavour to drag the national press of this country—". + Timid and ineffectual attempts were made by the magistrate to protect + his court and position from insult, but Mr. Sullivan had the field, + and would hold it. "He might help the crown to put some one else up," + he said, "as they are scarce, perhaps, in accused." The summoning of + him was, he resumed, an "attempt to destroy the national press, whose + power the crown feels and fears, but which they dare not prosecute." + Mr. Sullivan was suffered to describe the conduct of the crown + prosecutors at another stage as an "infamous plot." The government + desired "to accomplish his imprisonment; they were willing to wound + but afraid to strike." "They knew (he added) that they would not get + a jury in all Ireland to agree to convict me; and I now characterise + the conduct of the crown as base and cowardly." Another witness, in a + halting way, entered a like protest against being supposed to have + sympathy with the crown in the case; and the net result was a very + remarkable triumph for what Mr. Sullivan calls the "national + press"—a title wholly misapplied and grossly abused. Are we to have + a succession of these "scenes in court?"</p></div> + +<p><i>Saunders's News-Letter</i> of the same date dealt with the subject as +follows:—</p> + +<div class='blkquot'><p>The first step in what appears to be a very doubtful proceeding was + taken yesterday by the law advisers of the crown. We refer to the + prosecution instituted against the leaders and organisers of the + Fenian procession which took place in this city on Sunday, the 8th + instant, in honour of the memories of the men executed at Manchester + for murder. As to the character of that demonstration we never + entertained any doubt. But it must be remembered that similar + demonstrations had taken place a week previously in London, in + Manchester, and in Cork, and that not only did the authorities not + interfere to prevent them, but that the prime minister declared in + the House of Lords that they were not illegal. Lord Derby doubtless, + intended to limit his observations to the violition of the Party + Processions Act, without pronouncing any opinion as to the legality + or illegality of the processions, viewed under another aspect, as + seditious assemblies. But his language was calculated to mislead, + and, as a matter of fact, was taken by the Fenian sympathisers as an + admission that their mock funeral processions were not unlawful. It + is not to be wondered at, therefore, however much to be deplored, + that the disaffected portion of the population should have eagerly + taken advantage of Lord Derby's declaration to make a safe display of + their sympathies and of their strength. They were encouraged to do so + by the toleration already extended towards their fellows in England + and in Cork, as well as by the statement of the prime minister. Under + these circumstances the prosecution of persons who took part in the + Dublin procession, even as organisers of that proceeding, appears to + us to be a matter of doubtful policy. Mr. John Martin, the leader of + the movement, stands in a different position from his companions. + They confined themselves to walking in the procession; he delivered + an inflammatory and seditious speech, for which he alone is + responsible, and which might have been made the subject of a separate + proceeding against him. To do Mr. Martin justice, he showed no desire + to shirk the responsibility he has incurred. At the police-court, + yesterday, he frankly avowed the part he had taken in the procession, + and offered to acknowledge the speech which he delivered on that + occasion. If, however, the policy which dictated the prosecution be + questionable, there can be no doubt at all as to the objectionable + manner in which some of the persons engaged in it have + acted—assuming the statement to be true that Mr. Sullivan, + proprietor and editor of the <i>Nation</i> newspaper, and Sir John Gray, + proprietor of the <i>Freeman's Journal</i>, have been summoned as crown + witnesses. Who is responsible for this extraordinary proceeding it is + at present impossible to say. Mr. Murphy, Q.C., the counsel for the + crown, declared that he did not intend to examine Mr. Sullivan; Mr. + Anderson, the son of the crown solicitor, who appears to be entrusted + with the management of these prosecutions, denied that he had + directed the summonses to be served, and Mr. Dix, the magistrate, + stated that he had not signed them. Tot Mr. Sullivan produced the + summons requiring him to attend as a witness, and in the strongest + manner denounced the proceeding as a base and cowardly attempt on the + part of the government to imprison for contempt of court, a + "national journalist" whom they dared not prosecute. Sir John Gray, + ill less violent language, complained of an effort having been made + to place some of the gentlemen in his employment in the "odious + position of crown witnesses," and stated that he himself had been + subpoenaed, but would decline to give evidence. We have not concealed + our opinion as to the proper way of dealing with Mr. Sullivan. As the + weekly disseminator of most exciting and inflammatory articles, he is + doing much to promote disaffection and encourage Fenianism. In no + other country in the world would such writing be tolerated for a day; + and, assuredly it ought not to be permitted in Ireland in perilous + and exciting times like the present. But if Mr. Sullivan has offended + against the law, let him be proceeded against boldly, openly, and + fairly. He has, we think, a right to complain of being summoned as a + witness for the crown; but the government have even more reason to + complain of the conduct of their servants in exposing them by their + blunders to ridicule and contempt. It is too bad that with a large + and highly-paid staff of lawyers and attorneys the government + prosecutions should be conducted in a loose and slovenly manner. When + a state prosecution has been determined upon, every step ought to be + carefully and anxiously considered, and subordinate officials should + not be permitted by acts of officious zeal to compromise their + superiors and bring discredit on the administration of the law.</p></div> + +<p>The Liberal-Conservative <i>Irish Times</i> was still more outspoken:—</p> + +<div class='blkquot'><p>While all commend the recent action of the government, and give the + executive full credit for the repression by proclamation of + processions avowedly intended to be protests against authority and + law, it is generally regretted that prosecutions should have been + instituted against some of those who had taken part in these + processions. Had these menacing assemblages been held after the + proclamations were issued, or in defiance of the authorities, the + utmost power should have been exerted to put them down, and the + terrors of the law would properly have been invoked to punish the + guilty. But, bearing in mind the fact that these processions had been + declared by the head of the government—expressing, no doubt, the + opinion entertained at that time by the law officers of the crown, + that these processions were "not illegal"—remembering, too, that + similar processions had been already held without the slightest + intimation of opposition on the part of government; and recollecting, + also, that the proclamation was everywhere implicitly obeyed, and + without the least wish to dispute it, we cannot avoid regretting that + the government should have been advised, at the last hour, to + institute prosecutions of such a nature. Once, however, it was + determined to vindicate the law in this way, the utmost care should + have been taken to maintain the dignity of the proceedings, and to + avoid everything calculated to create annoyance, irritation, or + offence. If we except the moderate and very able speech of Mr. + Murphy, Q.C., there is no one part of the proceedings in the + police-court which merits commendation. Some of the witnesses utterly + broke down; opportunity was given for utterances not calculated to + increase respect for the law; and disloyal sentiments were boldly + expressed and cheered until the court rang again. Great and serious + as was the mistake in not obtaining an accurate legal opinion + respecting the character of these meetings at the first, and then + prohibiting them, a far greater mistake is now, we think, committed + in instituting <i>these retrospective prosecutions</i>. For this mistake + the law officers of the crown must, we infer, be held responsible. + Were they men of energy and vigour, with the necessary knowledge of + the world, they would not have suffered the executive to permit + processions first, and then prohibit them, and at the same time try + men for participating in what had been pronounced not to be illegal. + We exonerate the attorney-general from the error of summoning to give + evidence persons who openly gloried in the part they had taken in + these meetings. To command the presence of such witnesses was of the + nature of an offence. There was no ground, for instance, for + supposing that Mr. Sullivan would have played the informer against + the friends who had walked with him in the procession—such is not + his character, his feeling, or his sense of honour. The summoning of + those who had moved with, and as part of, the multitude, to give + evidence against their fellows, was not only a most injudicious, but + a futile expedient, and naturally has caused very great + dissatisfaction and annoyance. The circumstance, however, proves that + the prosecutions was instituted without that exact care and minute + attention to all particulars which are necessary in a case of this + kind.</p></div> + +<p>Even the <i>Daily Express</i>, the, all-but subsidised, if not the secretly +subsidised, organ of the ultra-orange section of the Irish +administration, had to own the discomfiture of its patrons:—</p> + +<div class='blkquot'><p>Are our police offices to become a kind of national journals court? + Is the "national press of Ireland" then and there to bid for the + support immediately of the gallery, and more remotely of that portion + of the population which is humourously called the Irish Nation? These + speculations are suggested by a curious scene which took place at the + inquiry at the police office yesterday, and which will be found + detailed in another column. Mr. Sullivan, the editor of the <i>Nation</i>, + seized the opportunity of being summoned as a witness, to denounce + the government for not including him in the prosecution. He + complained "of endeavouring to place the editor of a national journal + on the list of crown witnesses in this court as a public and + personal indignity," and as an endeavour to destroy the influence of + the national press. It is certainly an open avowal to declare that + the mere placing of the name of the editor of a "national" journal + upon the list of crown witnesses is an unparalleled wrong. But Sir + John Gray was still more instructive. From him we learn that a + witness summoned to assist the crown in the prosecution of sedition + is placed in an "odious position." Odious it may be, but in the eyes + of whom? Surely not of any loyal subject? A paid informer, or + professional spy, may be personally odious in the eyes of those who + make use of his services. But we have yet to learn how a subject who + is summoned to come forward to assist the government fills an odious + position in the opinion of his loyal fellow-subjects. We should + rather have supposed him to be entitled to their gratitude. However + that may be, Sir John Gray came gallantly to the rescue of several + "gentlemen connected with his establishment," whom, he was informed, + the government intended to summon as witnesses. This, he knew, they + would all refuse. "I suggested, if any unpleasant consequences should + follow, that they should fall on the head of the establishment + alone." He called upon the authorities to summon him. We do complain + of our police-courts being made the scenes of open avowals of + determination to thwart, or, at least, not to assist the government + in their endeavours to prosecute treason and sedition. We can imagine + no principle on which a subject could object to assisting the crown + as a witness, which, if followed to its logical consequences, would + not justify open rebellion. It is certainly a dangerous doctrine to + preach that it is allowable, nay, even praiseworthy in a subject to + refuse to give evidence when called upon to do so by the crown. There + is a disposition too prevalent in this country to regard the law as + an enemy, and opposition to it, either by passive obstruction or + active rebellion, as a praiseworthy and patriotic act. Can we wonder + at this when we hear opposition to constituted authority openly + preached by the instructors of "the nation," and witness the + eagerness of the "national press" to free itself from the terrible + suspicion of coming to the assistance, even involuntarily, of the + government in its struggle with sedition and treason?</p></div> + +<p>It was amidst such an outburst of vexation and indignation as this, even +from the government journals themselves, that the curtain rose next +morning on Act II. in the Head Police Office. A very unique episode +commenced the proceedings on this day also. At the resumption of the +case, Mr. Murphy, Q.C., on behalf of the crown, said:—</p> + +<div class='blkquot'><p>Mr. Sullivan and some other gentlemen complained yesterday of having + been served with summonses to give evidence in those cases. I am + directed by the attorney-general to state that he regrets it, and + that it was done without his authority. He never gave any directions + to have those persons summoned, nor was it done by anyone acting + under his directions. It occurred in this way. General directions + were given to the police to summon parties to give evidence in order + to establish the charge against those four gentlemen who are summoned + for taking an active part in the procession. The police, in the + exercise of their discretion thought it might be necessary to summon + parties who took part in the procession, but there was no intention + on the part of those aiding on behalf of the crown to summon parties + to give evidence who themselves took part in the procession, and I am + sorry it occurred.</p> + +<p> Mr. Dix—I may mention that a magistrate when signing a summons knows + nothing of the witnesses. If they were all living in Jamacia he + merely signs it as a matter of form.</p> + +<p> Mr. A.M. Sullivan—I thank your worship and Mr. Murphy, and I think + it will be seen that had your worship not allowed me yesterday to + make the protest I did, the attorney-general would not have the + opportunity of making the disclaimer which it became the dignity of + the government to make. The aspect of the case yesterday was very + adverse towards Sir John Gray, myself, and other gentlemen. Although + my brother signed his name to the notice, he was not summoned as + principal but as a witness, but if necessary, he was determined to + stand side by side in the dock with Mr. Martin.</p> + +<p> Mr. Allen—I am very glad of the explanation, because I was blamed + for allowing persons making speeches here yesterday. I think if a man + has any ground of complaint the sooner it is set right the better.</p> + +<p> Mr. Sullivan—I have to thank the bench.</p> + +<p> Mr. Allen—I am glad that a satisfactory arrangement has been come to + by all parties, because there is an objection entertained by some + persons to be brought into court as witnesses for the crown.</p> + +<p> Mr. Sullivan—Especially a public journalist.</p> + +<p> Mr. Allen—Quite so.</p> + +<p> Mr. Heron then proceeded to cross-examine the witness.</p></div> + +<p>It was elicited from the government reporter, that, by a process which +he called "throwing in the vowels," he was able to make Mr. Martin's +speech read sufficiently seditious. Mr. D.C. Heron, Q.C., then addressed +the court on behalf of Mr. J.J. Lalor; and Mr. Michael Crean, barrister, +on behalf of Dr. Waters. Mr. Martin, on his own behalf, then spoke as +follows:—</p> + +<div class='blkquot'><p>I admit I attended the procession. I admit also that I spoke words + which I consider very grave and serious words upon that occasion. For + my acts on that occasion, for the sense and intention of the words I + spoke on that occasion, I am perfectly willing to be put upon my + country. Not only for all my acts on that occasion—not only for the + words which I spoke on that occasion; but for all my acts or all the + words I either spoke or wrote, publicly or privately, upon Irish + politics, I am perfectly willing to be put upon my country. In any + free country that has real constitutional institutions to guarantee + the liberty of the subject—to guarantee the free trial of the + subject charged with an offence against either the state or his + neighbour, it would be quite absurd to expect a man could be put upon + his country and convicted of a crime for doing that and using such + words as the vast majority of his fellow-countrymen approve. In this + case I believe that a vast majority of my fellow-countrymen do not + disapprove of the acts I acknowledge on that occasion, and that they + sympathise in the sentiment of the words I then spoke. Therefore the + mere fact that a prosecution is preferred against me for that act, + and for those words, is the expression of an opinion on my part that + this country does not at present enjoy real constitutional + institutions, guaranteeing a free trial—guaranteeing that the man + accused shall be really put upon his country. Therefore it is absurd + to think that any twelve honest men, my neighbours, put upon their + oaths, would declare that to be a crime which it is probable that, at + least, four-fifths of them believe to be right—right both + constitutionally and morally. I am aware—we are all aware—that the + gentlemen who represent the crown in this country, have very powerful + means at their disposal for obtaining convictions in the form of law + and in the form of justice, of any person they think proper to + accuse; and without meaning either to sneer or to joke in this + matter, I acknowledge the moderation of the gentlemen who represent + the government, since they chose to trouble themselves with me at + all. I acknowledge their moderation in proposing to indict me now for + sedition, for the language which they say I used, because it is + possible for them, with the means at their disposal, to have me + convicted for murder, or burglary, or bigamy (laughter). I am sorry + to say what seems like a sneer, but I use the words in deep and + solemn seriousness, and I say no more than I am perfectly ready to be + tried fairly or foully (applause in court).</p></div> + +<p>The magistrates reserved their decision till next day; so that there +might be decent and seemly pause for the purpose of looking up and +pondering the legal precedents, as the legal fiction would have it; and +on next day, they announced that they would send all the accused for +trial to the next Commission at Green-street, to open on the 10th +February, 1868. The several traversers, however, were required to enter +merely into their own recognizances in £500 each to appear for trial.</p> + +<p>In this police court proceeding the government, confessedly, were +morally worsted—utterly humiliated, in fact. So far from creating awe +or striking terror, the prosecution had evoked general contempt, scorn, +and indignation. To such an extent was this fact recognised, that the +government journals themselves, as we have seen, were amongst the +loudest in censuring the whole proceeding, and in supporting the general +expectation that there was an end of the prosecution.</p> + +<p>Not so however was it to be. The very bitterness of the mortification +inflicted upon them by their "roll in the dust" on their first legal +encounter with the processionists, seemed to render the crown officials +more and more vindictive. It was too galling to lie under the public +challenge hurled at them by Mr. Bracken, Mr. O'Reilly, and Mr. Sullivan. +After twelve days' cogitation, government made up its mind to strike.</p> + +<p>On Saturday, 28th December, 1867—just as everyone in Ireland seemed to +have concluded that, as the Conservative journals said, there was "an +end of" the foolish and ill-advised funeral prosecutions—Mr. Sullivan, +Mr. Bracken (one of the funeral stewards), Mr. Jennings, of Kingstown +(one of the best known and most trusted of the nationalists of +"Dunleary" district). Mr. O'Reilly, (one of the mounted marshals at the +procession), and some others, were served with citations to appear on +Monday the 30th, at the Head Police Office, to answer charges identical +with those preferred on the 16th against Mr. Martin, Dr. Waters, and Mr. +Lalor.</p> + +<p>Preliminary prosecution No. 2 very much resembled No. 1. Mr. Murphy, +Q.C. stated the crown case with fairness and moderation; and the police, +as before, gave their evidence like men who felt "duty" and "conscience" +in sore disagreement on such an occasion. Mr. Jennings and Mr. O'Reilly +were defended, respectively, by Mr. Molloy and Mr. Crean; two advocates +whose selection from the junior bar for these critical and important +public cases was triumphantly vindicated by their conduct from the +first to the last scene of the drama. Mr. Sullivan, Mr. Bracken, and the +other accused, were not represented by counsel. On the first-named +gentleman (Mr. Sullivan) being formally called on, he addressed the +court at some length. He said:—</p> + +<div class='blkquot'><p>Please your worship, had the officials of the crown adopted towards + me, in the first instance, the course which they have taken upon the + present occasion, and had they not adopted the singular course which + they pursued in my regard when I last appeared in this court, I + should trouble you with no observations. For, as one of the 50,000 + persons who, on the 8th of December, in this city, publicly, + lawfully, and peacefully demonstrated their protest against what they + believed to have been a denial of law and an outrage on justice, I + should certainly waste no public time in this preliminary + investigation, but rather admit the facts as you perceive I have done + to-day, and hasten the final decision on the issues really knit + between us and the crown. What was the course adopted by the crown in + the first instance against me? They had before them, on the 9th, just + as well as on the 29th—it is in evidence that they had—the fact + that I, openly and publicly, took part in that demonstration—that + sorrowful and sad protest against injustice (applause). They had + before them then as much as they had before them to-day, or as much + as they will ever have affecting me. For, whatever course I take in + public affairs in this country, I conceal nothing, I take it + publicly, openly, and deliberately. If I err, I am satisfied to abide + the consequences; and, whenever it may suit the weathercock judgment + of Lord Mayo, and his vacillating law advisers, to characterise my + acts or my opinion as illegal, seditious, heretical, idolatrous, or + treasonable, I must, like every other subject, be content to take my + chance of their being able to find a jury sufficiently facile or + sufficiently stupid to carry out their behests against me. But they + did not choose that course at first. They did not summon me as a + principal, but they subpoenaed me as a witness—as a crown + witness—against some of my dearest, personal, and public friends. + The attorney-general, whose word I most fully and frankly accept in + the matter—for I would not charge him with being wanting in personal + truthfulness—denied having had any complicity in the course of + conduct pursued towards me; but where does he lay the responsibility? + On "the police." What is the meaning of that phrase, "the police?" He + surely does not mean that the members of the force, who parade our + streets, exercise viceregal functions (laughter). Who was this person + thus called the "police?" How many degrees above or below the + attorney-general are we to look for this functionary described as + "the police," who has the authority to have a "seditious" man—that + is the allegation—a seditious man—exempted from prosecution? The + police cannot do that. Who, then? Who was he that could draw the + line between John Martin and his friend A.M. Sullivan—exempt the + one, prosecute the other—summon the former as a defendant and + subpoena the latter as a crown witness? What was the object? It is + plain. There are at this moment, I am convinced—who doubts + it?—throughout Ireland, as yet unfound out, Talbots and Corridons in + the pay of the crown acting as Fenian centres, who, next day, would + receive from their employers directions to spread amongst my + countrymen the intelligence that I had been here to betray my + associate, John Martin (applause). But their plot recoiled—their + device was exposed; public opinion expressed its reprobation of the + unsuccessful trick; and now they come to mend their hand. The men who + were exempted before are prosecuted to-day. Now, your worships, on + this whole case—on this entire procedure—I deliberately charge that + not we, but the government, have violated the law. I charge that the + government are well aware that the law is against them—that they are + irresistibly driven upon this attempt to strain and break the law + against the constitutional right and liberty of the subject by their + mere party exigencies and necessities.</p></div> + +<p>He then reviewed at length the bearing of the Party Processions Act upon +the present case; and next proceeded to deal with the subject of the +Manchester executions; maintaining that the men were hanged, as were +others before them, in like moments of national passion and frenzy, on a +false evidence and a rotten verdict. Mr. Sullivan proceeded:—</p> + +<div class='blkquot'><p>It is because the people love justice and abhor injustice—because + the real crime of those three victims is believed to have been + devotion to native land—that the Catholic churches of Ireland + resound with prayers and requiem hymns, and the public highways were + lined with sympathising thousands, until the guilty fears of the + executioners proclaimed it illegal to mourn. Think you, sir, if the + crown view of this matter were the true one, would the Catholic + clergy of Ireland—they who braved fierce and bitter unpopularity in + reprehending the Fenian conspiracy at a time when Lord Mayo's organ + was patting it on the back for its 'fine Sardinian spirit'—would + these ministers of religion drape their churches for three common + murderers? I repel as a calumnious and slanderous accusation against + the Catholic clergy of Ireland this charge, that by their mourning + for those three martyred Irishmen, they expressed sympathy, directly + or indirectly, with murder or life-taking. If an act be seditious, it + is not the less illegal in the church than in the graveyard, or on + the road to the cemetery. Are we, then, to understand that our + churches are to be invaded by bands of soldiery, and our priests + dragged from the altars, for the seditious crime of proclaiming + aloud their belief in the innocence of Allen, Larkin, and O'Brien? + This, sir, is what depends on the decision in this case, here or + elsewhere. All this and more. It is to be decided whether, in their + capacity of Privy Councillors, the judges of the land shall put forth + a proclamation the legality or binding force of which they will + afterwards sit as judges to try. It is whether, there being no + constitution now allowed to exist in the country, there is to be no + law save what a Castle proclamation will construct, permit, or + decree; no mourning save what the police will license; no + demonstration of opinion save whatever accords with the government + views. We hear much of the liberties enjoyed in this country. No + doubt, we have fine constitutional rights and securities, until the + very time they are most required. When we have no need to invoke + them, they are permitted to us; but at the only time when they might + be of substantial value, they are, as the phrase goes, "suspended." + Who, unless in times of governmental panic, need apprehend + unwarranted arrest? When else is the <i>Habeas Corpus</i> Act of such + considerable protection to the subject? When, unless when the crown + seeks to invade public liberty, is the purity and integrity of trial + by jury of such value and importance in political cases? Yet all the + world knows that the British government, whenever such a conflict + arises, juggles and packs the jury—</p> + +<p> Mr. Dix—I really cannot allow that language to be used in this + court, Mr. Sullivan, with every disposition to accord you, as an + accused person, the amplest limits in your observations. Such + language goes beyond what I can permit—</p> + +<p> Mr. Sullivan—I, at once, in respect for your worship, retract the + word juggle. I will say the crown manipulates the jury.</p> + +<p> Mr. Dix—I can't at all allow this line of comment to be pursued—</p> + +<p> Mr. Sullivan—With all respect for your worship, and while I am ready + to use any phrase most suitable for utterance here, I will not give + up my right to state and proclaim the fact, however unpalatable, when + it is notoriously true. I stand upon my rights to say, that you have + all the greater reason to pause, ere you send me, or any other + citizen, for trial before a jury in a crown prosecution at a moment + like the present, when trial by jury, as the theory of the + constitution supposes it, does not exist in the land. I say there is + now notoriously no fair trial by jury to be had in this country, as + between the subject and the crown. Never yet, in an important + political case, have the government in this country dared to allow + twelve men indifferently chosen, to pass into the jury-box to try the + issue between the subject and the crown. And now, sir, if you send + the case for trial, and suppose the government succeed by the juries + they are able to empanel here, with 'Fenian' ticketed on the backs of + the accused by the real governors of the country—the Heygates and + the Bruces—and if it is declared by you that in this land of + mourning it has become at last criminal even to mourn—what a victory + for the crown! Oh, sir, they have been for years winning such + victories, and thereby manufacturing conspiracies—driving people + from the open and legitimate expression of their sentiments into + corners to conspire and to hide. I stand here as a man against whom + some clamour has been raised for my efforts to save my countrymen + from the courses into which the government conduct has been driving + them, and I say that there is no more revolutionary agent in the land + than that persecution of authority which says to the people, "When we + strike you, we forbid you to weep." We meet the crown, foot to foot, + on its case here. We say we have committed no offence, but that the + prosecution against us has been instituted to subserve their party + exigencies, and that the government is straining and violating the + law. We challenge them to the issue, and even should they succeed in + obtaining from a crown jury a verdict against us, we have a wider + tribunal to appeal to—the decision of our own consciences and the + judgment of humanity (applause).</p> + +<p> Mr. Murphy, Q.C., briefly replied. He asked his worship not to decide + that the procession was illegal, but that this case was one for a + court of law and a jury.</p></div> + +<p>On this occasion it was unnecessary for Mr. Dix to take any "time to +consider his decision." All the accused were bound over in their own +recognizances to stand their trials at the forthcoming Commission in +Green-street court, on the 10th of February, 1868.</p> + +<p>The plunge which the crown officials had shivered so long before +attempting had now been taken, and they determined to go through with +the work, <i>a l'outrance</i>. In the interval between the last police-court +scene described above, and the opening of the Green-street Commission, +in February, 1868, prosecutions were directly commenced against the +<i>Irishman</i> and the <i>Weekly News</i> for seditious writing. In the case of +the former journal the proprietor tried some skilfully-devised +preparatory legal moves and manoeuvers, not one of which of course +succeeded, though their justice and legality were apparent enough. In +the case of the latter journal—the <i>Weekly News</i>—the proprietor raised +no legal point whatsoever. The fact was that when he found the crown not +content with <i>one</i> state prosecution against him (that for the funeral +procession), coming upon him with <i>a second</i>, he knew his doom was +sealed. He very correctly judged that legal moves would be all in +vain—that his conviction, <i>per fas aut ne fas</i>, was to be +obtained—that a jury would be packed against him—and that consequently +the briefest and most dignified course for him would be to go straight +to the conflict and meet it boldly.</p> + +<p>On Monday, 10th February, 1868, the commission was opened in +Green-street, Dublin, before Mr. Justice Fitzgerald and Baron Deasy. +Soon a cunning and unworthy legal trick on the part of the crown was +revealed. The prosecuted processionists and journalists had been +indicted in the <i>city</i> venue, had been returned for trial to the <i>city</i> +commission by a <i>city</i> jury. But the government at the last moment +mistrusted a city jury in this instance—even a <i>packed</i> city jury—and +without any notice to the traversers, sent the indictments before the +<i>county</i> grand jury, so that they might be tried by a jury picked and +packed from the anti-Irish oligarchy of the Pale. It was an act of gross +illegality, hardship, and oppression. The illegality of such a course +had been ruled and decided in the case of Mr. Gavan Duffy in 1848. But +the point was raised vainly now. When Mr. Pigott, of the <i>Irishman</i>, was +called to plead, his counsel (Mr. Heron, Q.C.) insisted that he, the +traverser, was now in custody of the <i>city</i> sheriff in accordance with +his recognizances, and could not without legal process be removed to the +county venue. An exciting encounter ensued between Mr. Heron and the +crown counsel, and the court took till next day to decide the point. +Next morning it was decided in favour of the crown, and Mr. Pigott was +about being arraigned, when, in order that he might not be prejudiced by +having attended pending the decision, the attorney-general said, "he +would shut his eyes to the fact that that gentleman was now in court," +and would have him called immediately—an intimation that Mr. Pigott +might, if advised, try the course of refusing to appear. He did so +refuse. When next called, Mr. Pigott was not forthcoming, and on the +police proceeding to his office and residence that gentleman was not to +be found—having, as the attorney-general spitefully expressed it, "fled +from justice." Mr. Sullivan's case, had, of necessity, then to be +called; and this was exactly what the crown had desired to avoid, and +what Mr. Heron had aimed to secure. It was the secret of all the +skirmishing. A very general impression prevailed that the crown would +fail in getting a jury to convict Mr. Sullivan on any indictment +tinctured even ever so faintly with "Fenianism;" and it was deemed of +great importance to Mr. Pigott's case to force the crown to begin with +the one in which failure was expected—Mr. Sullivan having intimated his +perfect willingness to be either pushed to the front or kept to the +last, according as might best promise to secure the discomfiture of the +government. Mr. Heron had therefore so far out-manoeuvered the crown. +Mr. Sullivan appeared in court and announced himself ready for trial, +and the next morning was fixed for his arraignment. Up to this moment, +that gentleman had expressed his determination not only to discard legal +points, but to decline ordinary professional defence, and to address the +jury in his own behalf. Now, however, deferring to considerations +strongly pressed on him (set forth in his speech to the jury in the +funeral procession case), he relinquished this resolution; and, late on +the night preceding his trial, entrusted to Mr. Heron, Q.C., Mr. Crean, +and Mr. Molloy, his defence on this first prosecution.</p> + +<p>Next morning, Saturday, 15th February, 1868, the trial commenced; a jury +was duly packed by the "stand-by" process, and notwithstanding a charge +by Justice Fitzgerald, which was, on the whole one of the fairest heard +in Ireland in a political case for many years, Mr. Sullivan was duly +convicted of having, by pictures and writings in his journal the <i>Weekly +News</i>, seditiously brought the crown and government into hatred and +contempt.</p> + +<p>The government officials were jubilant. Mr. Pigott was next arraigned, +and after an exceedingly able defence by Mr. Heron, was likewise +convicted.</p> + +<p>It was now very generally concluded that the government would be +satisfied with these convictions, and would not proceed with the funeral +procession cases. At all events, it was universally regarded as certain +that Mr. Sullivan would not be arraigned on the second or funeral +procession indictment, as he now stood convicted on the other—the press +charge. But it was not to be so. Elate with their success, the crown +officials thought they might even discard their doubts of a city jury; +and on Thursday morning, 20th February, 1868, John Martin, Alexander M. +Sullivan, Thomas Bracken, and J.J. Lalor, +<a href='#Footnote_A_3' name='FNanchor_A_3'><sup>[A]</sup></a> +were formally arraigned in +the <i>city</i> venue.</p> + +<p><a href='#FNanchor_A_3' name='Footnote_A_3'>[A]</a>Dr. Waters, in the interval since his +committal on this charge, had been arrested, and was now imprisoned, +under the Suspension of the <i>Habeas Corpus</i> Act. He was not brought to +trial on the procession charge.</p> + +<p>It was a scene to be long remembered, that which was presented in the +Green-street court-house on that Thursday morning. The dogged +vindictiveness of the crown officials, in persisting with this second +prosecution, seemed to have excited intense feeling throughout the city, +and long before the proceedings opened the court was crowded in every +part with anxious spectators. When Mr. Martin entered, accompanied by +his brother-in-law, Dr. Simpson, and Mr. Ross Todd, and took his seat at +the travelers' bar, a low murmur of respectful sympathy, amounting to +applause, ran through the building. And surely it was a sight to move +the heart to see this patriot—this man of pure and stainless life, this +man of exalted character, of noble soul, and glorious +principles—standing once more in that spot where twenty years before he +stood confronting the same foe in the same righteous and holy +cause—standing once more at that bar whence, twenty years before, he +was led off manacled to a felon's doom for the crime of loving Ireland! +Many changes had taken place in the interval, but over the stern +integrity of <i>his</i> soul time had wrought no change. He himself seemed to +recall at this moment his last "trial" scene on this spot, and, as he +cast his gaze around, one could detect on his calm thoughtful face +something of sadness, yet of pride, as memory doubtless pictured the +spectacle of twenty years ago.</p> + +<p>Mr. Sullivan, Mr. Bracken, and Mr. Lalor, arrived soon after, and +immediately the judges appeared on the bench the proceedings began.</p> + +<div class='blkquot'><p>On their lordships, Mr. Justice Fitzgerald and Mr. Baron Deasy, + taking their seats upon the bench,</p> + +<p> Mr. Smartt (deputy clerk of the crown) called upon John Martin, + Alexander M. Sullivan, John J. Lalor, and Thomas Bracken, to come and + appear as they were bound to do in discharge of their recognizances.</p> + +<p> All the traversers answered.</p> + +<p> Mr. Smartt then proceeded to arraign the traversers under an + indictment charging in the first count—"That John Martin, John C. + Waters, John J. Lalor, Alexander M. Sullivan, and Thomas Bracken, + being malicious, seditious, and ill-disposed persons, and intending + to disturb the peace and tranquillity of the realm, and to excite + discontent and disaffection, and to excite the subjects of our Lady + the Queen in Ireland to hatred and dislike of the government, the + laws, and the administration of the laws of this realm, on the 8th + day of December, in the year of our Lord, 1867, unlawfully did + assemble and meet together with divers other persons, amounting to a + large number—to wit, fifteen thousand persons—for the purpose of + exciting discontent and disaffection, and for the purpose of exciting + her Majesty's subjects in Ireland to hatred of her government and the + laws of this realm, in contempt of our Lady the Queen, in open + violation of the laws of this realm, and against the peace of our + Lady the Queen, her crown and dignity." The second count charged that + the defendants intended "to cause it to be believed that the three + men who had been duly tried, found guilty, and sentenced, according + to law, for murder, at Manchester, in England, had been illegally and + unjustly executed; and to excite hatred, dislike, and disaffection + against the administration of justice, and the laws of this realm, + for and in respect of the execution of the said three men." A third + count charged the publication at the unlawful assembly laid in the + first and second counts of the false and seditious words contained in + Mr. John Martin's speech. A fourth and last count was framed under + the Party Processions' Act, and charged that the defendants "did + unlawfully meet, assemble, and parade together, and were present at + and did join in a procession with divers others, and did bear, wear, + and have amongst them in said procession certain emblems and symbols, + the display whereof was calculated to and did tend to provoke + animosity between different classes of her Majesty's subjects, + against the form of the statute in such case made and provided, and + against the peace of our Lady the Queen, her crown and dignity."</p> + +<p> The traversers severally pleaded not guilty.</p> + +<p> The Attorney-General, the Solicitor-General, Dr. Ball, Q.C.; Mr. + Charles Shaw, Q.C.; Mr. James Murphy, Q.C.; Mr. R.H. Owen, Q.C.; and + Mr. Edward Beytagh, instructed by Mr. Anderson, Crown Solicitor, + appeared to prosecute.</p> + +<p> Mr. Martin, Mr. Sullivan, and Mr. Bracken were not professionally + assisted.</p> + +<p> Mr. Michael T. Crean, instructed by Mr. John T. Scallan, appeared for + Mr. Lalor.</p></div> + +<p>And now came the critical stage of the case. <i>Would the crown pack the +jury?</i> The clerk of the crown began to call the panel, when—</p> + +<div class='blkquot'><p>John Keegan was called and ordered to stand by on the part of the + crown.</p> + +<p> Mr. Sullivan—My lord, have I any right to challenge?</p> + +<p> Mr. Justice Fitzgerald—You have Mr. Sullivan, for cause.</p> + +<p> Mr. Sullivan—And can the crown order a juror to stand by without a + cause assigned?</p> + +<p> Mr. Justice Fitzgerald—The crown has a right to exercise that + privilege.</p> + +<p> Mr. Sullivan—Well, I will exercise no challenge, for cause or + without cause. Let the crown select a jury now as it pleases.</p> + +<p> Subsequently George M'Cartney was called, and directed to stand by.</p> + +<p> Patrick Ryan was also ordered to stand by.</p> + +<p> Mr. Martin—I protest against this manner of selecting a jury. I do + so publicly.</p> + +<p> J.J. Lalor—I also protest against it.</p> + +<p> Thomas Bracken—And I also.</p></div> + +<p>The sensation produced by this scene embarrassed the crown officials not +a little. It dragged to light the true character of their proceeding. +Eventually the following twelve gentlemen were suffered by the crown to +pass into the box as a "jury"—[Footnote: Not one Catholic was allowed +to pass into the box. Every Catholic who came to the box was ordered to +"<i>Stand by</i>."]</p> + +<div class='blkquot'><p>SAMUEL EAKINS, Foreman. + WILLIAM DOWNES GRIFFITH. + EDWARD GATCHELL. + THOMAS MAXWELL HUTTON. + MAURICE KERR. + WILLIAM LONGFIELD. + JOSEPH PURSER. + THOMAS PAUL. + JAMES REILLY. + JOHN GEORGE SHIELS. + WILLIAM O'BRIEN SMYTH. + GEORGE WALSH.</p></div> + +<p>The Solicitor-General, Mr. Harrison, stated the case for the +prosecution. Next the police repeated their evidence—their description +of the procession—as given before the magistrates, and the government +short-hand writer proved Mr. Martin's speech. The only witnesses now +produced who had not testified at the preliminary stage were a +Manchester policeman named Seth Bromley, who had been one of the van +escort on the day of the rescue, and the degraded and infamous crown +spy, Corridon. The former—eager as a beagle on the scent to run down +the prey before him—left the table amidst murmurs of derision and +indignation evoked by his over-eagerness on his direct examination, and +his "fencing" and evasion on cross-examination. The spy Corridon was +produced "to prove the existence of the Fenian conspiracy." Little +notice was taken of him. Mr. Crean asked him barely a trivial question +or two. Mr. Martin and Mr. Sullivan, when asked if they desired to +cross-examine him, replied silently by gestures of loathing; and the +wretch left the table—crawled from it—like a crippled murderer from +the scene of his crime.</p> + +<p>This closed the case for the crown, and Mr. Crean, counsel for Mr. +Lalor, rose to address the jury on behalf of his client. His speech was +argumentative, terse, forcible, and eloquent; and seemed to please and +astonish not only the auditors but the judges themselves, who evidently +had not looked for so much ability and vigour in the young advocate +before them. Although the speeches of professional advocates do not come +within the scope of this publication, Mr. Crean's vindication of the +national colour of Ireland—probably the most telling passage in his +address—has an importance which warrants its quotation here:—</p> + +<div class='blkquot'><p>Gentlemen, it is attempted in this case to make the traversers + amenable under the Party Processions' Act, because those in the + procession wore green ribbons. Gentlemen, this is the first time, in + the history of Irish State Prosecutions which mark the periods of + gloom and peril in this country, that the wearing of a green ribbon + has been formally indicted; and I may say it is no good sign of the + times that an offence which has been hitherto unknown to the law + should now crop up for the first time in this year of grace, one + thousand eight hundred and sixty-eight. Not even in the worst days of + Lord Castlereagh's ill-omened regime was such an attempt as this made + to degrade the green of Ireland into a party colour, and to make that + which has long been regarded as a national emblem the symbol of a + faction. Gentlemen, there is no right-minded or right-hearted + man—looking back upon the ruinous dissensions and bitter conflicts + which have been the curse and bane of this country—who will not + reprobate any effort to revive and perpetuate them. There is no + well-disposed man in the community who will not condemn and crush + those persons—no matter on what side they may stand—who make + religion, which should be the fountain and mother of all peace and + blessings, the cause of rancour and animosity. We have had, + unhappily, gentlemen, too much of this in Ireland. We have been too + long the victims of that wayward fate of which the poet wrote, when + he said:—</p> + +"Whilst our tyrants join in hate,<br /> +We never joined in love."<br /> + +<p> But, gentlemen, I will ask of you if you ever before heard, until + this time, that the green of Ireland was the peculiar colour of any + particular sect, creed, or faction, or that any of the people of this + country wore it as the peculiar emblem of their party, and for the + purpose of giving annoyance and of offering insult to some other + portion of their fellow-countrymen. I must say that I never heard + before that Catholic or Protestant, or Quaker or Moravian, laid claim + to this colour as a symbol of party. I thought all Irishmen, no + matter what altar they bowed before, regarded the green as the + national colour of Ireland. If it is illegal to wear the green, all I + can say is that the Constabulary are guilty of a constant and + continuing breach of the law. The Lord and Lady Lieutenant will + probably appear on next Patrick's Day, decorated with large bunches + of green shamrock. Many of the highest officials of the government + will do the same; and is it to be thought for one moment that they, + by wearing this green emblem of Ireland and of Irish nationality, are + violating the law of the land. Gentlemen, it is perfectly absurd to + think so. I hope this country has not yet so fallen as that it has + become a crime to wear the green. I trust we have not yet come to + that pass of national degradation, that a jury of Irishmen can be + found so forgetful of their country's dignity and of their own as to + brand with a mark of infamy a colour which is associated with so many + recollections, not of party triumphs, but of national glories—not + with any sect, or creed, or party, but with a nation and a race whose + children, whether they were the exiled soldiers of a foreign state, + or the soldiers of Great Britain—whether at Fontenoy or on the + plains of Waterloo, or on the heights of Fredericksburgh, have nobly + vindicated the chivalry and fame of Ireland! It is for them that the + green has its true meaning. It is to the Irishman in a distant land + this emblem is so dear, for it is entwined in his memory, not with + any miserable faction, but with the home and the country which gave + him birth. I do hope that Irishmen will never be ashamed in this + country to wear the green, and I hope an attempt will never again be + made in an Irish court of justice to punish Irishmen for wearing that + which is a national colour, and of which every man who values his + country should feel proud.</p></div> + +<p>When Mr. Crean resumed his seat—which he did amidst strong +manifestations of applause—it was past three o'clock in the afternoon. +It was not expected that the case would have proceeded so far by that +hour, and Mr. Martin and Mr. Sullivan, who intended each to speak in his +own behalf, did not expect to rise for that purpose before next day, +when it was arranged that Mr. Martin would speak first, and Mr. Sullivan +follow him. Now, however, it was necessary some one of them should rise +to his defence, and Mr. Martin urged that Mr. Sullivan should begin.</p> + +<p>By this time the attendance in court, which, during the +Solicitor-General's speech and the crown evidence, thinned down +considerably, had once more grown too great for the fair capacity of the +building. There was a crush within, and a crowd without. When Mr. +Sullivan was seen to rise, after a moment's hurried consultation with +Mr. Martin, who sat beside him, there was a buzz, followed by an anxious +silence. For a moment the accused paused, almost overcome (as well he +might have been) by a sense of the responsibility of this novel and +dangerous course. But he quickly addressed himself to the critical task +he had undertaken, and spoke as follows:—[Footnote: As Mr. Sullivan +delivered this speech without even the ordinary assistance of written +notes or memoranda, the report here quoted is that which was published +in the newspapers of the time. Some few inaccuracies which he was +precluded from correcting then (being a prisoner when this speech was +first published), have been corrected for this publication.]</p> + + +<div class='blkquot'><p>My lords and gentlemen of the jury—I rise to address you under +circumstances of embarassment which will, I hope, secure for me a little +consideration and indulgence at your hands. I have to ask you at the +outset to banish any prejudice that might arise in your minds against a +man who adopts the singular course—who undertakes the serious +responsibility—of pleading his own defence. Such a proceeding might be +thought to be dictated either by disparagement of the ordinary legal +advocacy, by some poor idea of personal vanity, or by way of reflection +on the tribunal before which the defence is made. My conduct is dictated +by neither of these considerations or influences. Last of all men living +should I reflect upon the ability, zeal, and fidelity of the Bar of +Ireland, represented as it has been in my own behalf within the past two +days by a man whose heart and genius are, thank God, still left to the +service of our country, and represented, too, as it has been here this +day by that gifted young advocate, the echoes of whose eloquence still +resound in this court, and place me at disadvantage in immediately +following him. And assuredly I design no disrespect to this court; +either to tribunal in the abstract, or to the individual judges who +preside; from one of whom I heard two days ago delivered in my own case +a charge of which I shall say—though followed by a verdict which +already consigns me to a prison—that it was, judging it as a whole, the +fairest, the clearest, the most just and impartial ever given to my +knowledge, in a political case of this kind in Ireland between the +subject and the crown. No; I stand here in my own defence to-day, +because long since I formed the opinion that, on many grounds, in such a +prosecution as this, such a course would be the most fair and most +consistent for a man like me. That resolution I was, for the sake of +others, induced to depart from on Saturday last, in the first +prosecution against me. When it came to be seen that I was the first to +be tried out of two journalists prosecuted, it was strongly urged on me +that my course, and the result of my trial, might largely affect the +case of the other journalist to be tried after, me; and that I ought to +waive my individual views and feelings, and have the utmost legal +ability brought to bear in behalf of the case of the national press at +the first point of conflict. I did so. I was defended by a bar not to be +surpassed in the kingdom for ability and earnest zeal; yet the result +was what I anticipated. For I knew, as I had held all along, that in a +case like this, where law and fact are left to the jury, legal ability +is of no avail if the crown comes in with its arbitrary power of +moulding the jury. In that case, as in this one, I openly, publicly, and +distinctly announced that I for my part would challenge no one, whether +with cause or without cause. Yet the crown—in the face of this +fact—and in a case where they knew that at least the accused had no +like power of peremptory challenge—did not venture to meet me on equal +footing; did not venture to abstain from their practice of absolute +challenge; in fine, did not dare to trust their case to twelve men +"indifferently chosen," as the constitution supposes a jury to be. Now, +gentlemen, before I enter further upon this jury question, let me say +that with me this is no complaint merely against "the Tories." On this +as well as on numerous other subjects, it is well known that it has been +my unfortunate lot to arraign both Whigs and Tories. I say further, that +I care not a jot whether the twelve men selected or permitted by the +crown to try me, or rather to convict me, by twelve of my own +co-religionists and political compatriots, or twelve Protestants, +Conservatives, Tories, or "Orangemen." Understand me clearly on this. My +objection is not to the individuals comprising the jury. You may be all +Catholics, or you may be all Protestants, for aught that affects my +protest, which is against the mode by which you are selected—selected +by the crown—their choice for their own ends—and not "indifferently +chosen" between the crown and the accused. You may disappoint, or you +may justify the calculations of the crown official, who has picked you +out from the panel, by negative or positive choice (I being silent and +powerless)—you may or may not be all he supposes—the outrage on the +spirit of the constitution is the same. I say, by such a system of +picking a jury by the crown, I am not put upon my country. Gentlemen, +from the first moment these proceedings were commenced against me, I +think it will be admitted that I endeavoured to meet them fairly and +squarely, promptly and directly. I have never once turned to the right +or to the left, but gone straight to the issue. I have from the outset +declared my perfect readiness to meet the charges of the crown. I did +not care when or where they tried me. I said I would avail of no +technicality—that I would object to no juror—Catholic, Protestant, or +Dissenter. All I asked—all I demanded—was to be "put upon my country," +in the real, fair, and full sense and spirit of the constitution. All I +asked was that the crown would keep its hand off the panel, as I would +keep off mine. I had lived fifteen years in this city; and I should have +lived in vain, if, amongst the men that knew me in that time, whatever +might be their political or religious creed, I feared to have my acts, +my conduct, or principles tried. It is the first and most original +condition of society that a man shall subordinate his public acts to the +welfare of the community, or at least acknowledge the right of those +amongst whom his lot is cast, to judge him on such an issue as this. +Freely I acknowledge that right. Readily have I responded to the call to +submit to the judgment of my country, the question whether, in +demonstrating my sorrow and sympathy for misfortune, my admiration for +fortitude, my vehement indignation against what I considered to be +injustice, I had gone too far and invaded the rights of the community. +Gentlemen, I desire in all that I have to say to keep or be kept within +what is regular and seemly, and above all to utter nothing wanting in +respect for the court; but I do say, and I do protest, that I have not +got trial by jury according to the spirit and meaning of the +constitution. It is as representatives of the general community, not as +representatives of the crown officials, the constitution supposes you to +sit in that box. If you do not fairly represent the community, and if +you are not empanelled indifferently in that sense, you are no jury in +the spirit of the constitution. I care not how the crown practice may be +within the technical letter of the law, it violates the intent and +meaning of the constitution, and it is not "trial by jury." Let us +suppose the scene removed, say, to France. A hundred names are returned +on what is called a panel by a state functionary for the trial of a +journalist charged with sedition. The accused is powerless to remove any +name from the list unless for over-age or non-residence. But the +imperial prosecutor has the arbitrary power of ordering as many as he +pleases to "stand aside." By this means he puts or allows on the jury +only whomsoever he pleases. He can, beforehand, select the twelve, and, +by wiping out, if it suits him, the eighty-eight other names, put the +twelve of his own choosing into the box. Can this be called trial by +jury? Would not it be the same thing, in a more straightforward way, to +let the crown-solicitor send out a policeman and collect twelve +well-accredited persons of his own mind and opinion? For my own part, I +would prefer this plain-dealing, and consider far preferable the more +rude but honest hostility of a drum-head court martial (applause in the +court). Again I say, understand me well, I am objecting to the +principle, the system, the practice, and not to the twelve gentlemen now +before me as individuals. Personally, I am confident that being citizens +of Dublin, whatever your views or opinions, you are honourable and +conscientious men. You may have strong prejudices against me or my +principles in public life—very likely you have; but I doubt not that +though these may unconsciously tinge your judgment and influence your +verdict, you will not consciously violate the obligations of your oath. +And I care not whether the crown, in permitting you to be the twelve, +ordered three, or thirteen, or thirty others to "stand by"—or whether +those thus arbitrarily put aside were Catholics or Protestants, +Liberals, Conservatives, or Nationalists—the moment the crown put its +finger at all on the panel, in a case where the accused had no equal +right, the essential character of the jury was changed, and the spirit +of the constitution was outraged. And now, what is the charge against my +fellow-traversers and myself? The solicitor-general put it very pithily +awhile ago when he said our crime was "glorifying the cause of murder." +The story of the crown is a very terrible, a very startling one. It +alleges a state of things which could hardly be supposed to exist +amongst the Thugs of India. It depicts a population so hideously +depraved that thirty thousand of them in one place, and tens of +thousands in various other places, arrayed themselves publicly in +procession to honour and glorify murder—to sympathise with murderers as +murderers. Yes, gentlemen, that is the crown case, or they have no case +at all—that the funeral procession in Dublin on the 8th December last +was a demonstration of sympathy with murder as murder. For you will have +noted that never once in his smart narration of the crown story, did Mr. +Harrison allow even the faintest glimmer to appear of any other possible +complexion or construction of our conduct. Why, I could have imagined it +easy for him not merely to state his own case, but to state ours too, +and show where we failed, and where his own side prevailed. I could +easily imagine Mr. Harrison stating our view of the matter—and +combatting it. But he never once dared to even mention our case. His +whole aim was to hide it from you, and to fasten, as best such efforts +of his could fasten, in your minds this one miserable refrain—"They +glorified the cause of murder and assassination." But this is no new +trick. It is the old story of the maligners of our people. They call the +Irish a turbulent, riotous, crime-loving, law-hating race. They are for +ever pointing to the unhappy fact—for, gentlemen, it is a fact—that +between the Irish people and the laws under which they now live there is +little or no sympathy, but bitter estrangement and hostility of feeling +or of action. Bear with me if I examine this charge, since an +understanding of it is necessary in order to judge our conduct on the +8th December last. I am driven upon this extent of defence by the +singular conduct of the solicitor-general, who, with a temerity which he +will repent, actually opened the page of Irish history, going back upon +it just so far as it served his own purpose, and no farther. Ah! fatal +hour for my prosecutors when they appealed to history. For assuredly, +that is the tribunal that will vindicate the Irish people, and confound +those who malign them as sympathisers with assassination and glorifiers +of murder—</p> + +<p>Solicitor-General—My lord, I must really call upon you—I deny that I +ever—</p> + +<p>Mr. Justice Fitzgerald—Proceed, Mr. Sullivan.</p> + +<p>Mr. Sullivan—My lord, I took down the solicitor-general's words. I +quote them accurately as he spoke them, and he cannot get rid of them +now. "Glorifiers of the cause of murder" was his designation of my +fellow-traversers and myself, and our fifty thousand fellow-mourners in +the funeral procession; and before I sit down I will make him rue the +utterance. Gentlemen of the jury, if British law be held in +"disesteem"—as the crown prosecutors phrase it—here in Ireland, there +is an explanation for that fact, other than that supplied by the +solicitor-general; namely, the wickedness of seditious persons like +myself, and the criminal sympathies of a people ever ready to "glorify +the cause of murder." Mournful, most mournful, is the lot of that land +where the laws are not respected—nay, revered by the people. No greater +curse could befall a country than to have the laws estranged from +popular esteem, or in antagonism with the national sentiment. Everything +goes wrong under such a state of things. The ivy will cling to the oak, +and the tendrils of the vine reach forth towards strong support. But +more anxiously and naturally still does the human heart instinctively +seek an object of reverence and love, as well as of protection and +support, in law, authority, sovereignty. At least, among a virtuous +people like ours, there is ever a yearning for those relations which +are, and ought to be, as natural between a people and their government +as between the children and the parent. I say for myself, and I firmly +believe I speak the sentiments of most Irishmen when I say, that so far +from experiencing satisfaction, we experience pain in our present +relations with the law and governing power; and we long for the day when +happier relations may be restored between the laws and the national +sentiment in Ireland. "We Irish are no race of assassins or "glorifiers +of murder." From the most remote ages, in all centuries, it has been +told of our people that they were pre-eminently a justice-loving people. +Two hundred and fifty years ago the predecessor of the +solicitor-general—an English attorney-general—it may be necessary to +tell the learned gentleman that his name was Sir John Davis (for +historical as well as geographical knowledge +<a href='#Footnote_B_6' name='FNanchor_B_6'><sup>[B]</sup></a>seems to be rather +scarce amongst the present law officers of the crown), (laughter)—held +a very different opinion of them from that put forth to-day by the +solicitor-general. Sir John Davis said no people in the world loved +equal justice more than the Irish even where the decision was against +themselves. That character the Irish have ever borne and bear still. But +if you want the explanation of this "disesteem" and hostility for +British law, you must trace effect to cause. It will not do to stand by +the river side near where it flows into the sea, and wonder why the +water continues to run by. Not I—not my fellow-traversers—not my +fellow-countrymen—are accountable for the antagonism between law and +popular sentiment in this country. Take up the sad story where you +will—yesterday, last month, last year, last century—two centuries ago, +three centuries, five centuries, six centuries—and what will you find? +English law presenting itself to the Irish people in a guise forbidding +sympathy or respect, and evoking fear and resentment. Take it at its +birth in this country. Shake your minds free of legal theories and legal +fictions, and deal with facts. This court where I now stand is the legal +and political heir, descendant, and representative of the first law +court of the Pale six or seven centuries ago. Within that Pale were a +few thousand English settlers, and of them alone did the law take +cognizance. The Irish nation—the millions outside the Pale—were known +only as "the king's Irish enemie." The law classed them with the wild +beasts of nature whom it was lawful to slay. Later on in our history we +find the Irish near the Pale sometimes asking to be admitted to the +benefits of English law, since they were forbidden to have any of their +own; but their petitions were refused. Gentlemen, this was English law +as it stood towards the Irish people for centuries; and wonder, if you +will, that the Irish people held it in "disesteem:—</p> + +<p><a href='#FNanchor_B_6' name='Footnote_B_6'>[B]</a>On Mr. +Sullivan's first trial the solicitor-general, until stopped and +corrected by the court, was suggesting to the jury that there was no +such place as Knockrochery, and that a Fenian proclamation which had +been published in the <i>Weekly News</i> as having been posted at that place, +was, in fact, composed in Mr. Sullivan's Office. Mr. Justice Deasy, +however, pointedly corrected and reproved this blunder on the part of +Mr. Harrison.</p> + +<div class='blkquot'><p>"The Irish were denied the right of bringing actions in any of the + English courts in Ireland for trespasses to their lands, or for + assaults or batteries to their persons. Accordingly, it was answer + enough to the action in such a case to say that the plaintiff was an + Irishman, unless he could produce a special charter giving him the + rights of an Englishman. If he sought damage against an Englishman + for turning him out of his land, for the seduction of his daughter + Nora, or for the beating of his wife Devorgil, or for the driving off + of his cattle, it was a good defence to say he was a mere Irishman. + And if an Englishman was indicted for manslaughter, if the man slain + was an Irishman, he pleaded that the deceased was of the Irish + nation, and that it was no felony to kill an Irishman. For this, + however, there was a fine of five marks payable to the king; but + mostly they killed us for nothing. If it happened that the man killed + was a servant of an Englishman, he added to the plea of the deceased + being an Irishman, that if the master should ever demand damages, he + would be ready to satisfy him."</p></div> + +<p>That was the egg of English law in Ireland. That was the seed—that was +the plant—do you wonder if the tree is not now esteemed and loved? If +you poison a stream at its source, will you marvel if down through all +its courses the deadly element is present? Now trace from this, its +birth, English law in Ireland—trace down to this hour—and examine when +or where it ever set itself to a reconciliation with the Irish people. +Observe the plain relevancy of this to my case. I, and men like me, are +held accountable for bringing law into hatred and contempt in Ireland: +and in presenting this charge against me the solicitor-general appealed +to history. I retort the charge on my accusers; and I will trace down to +our own day the relations of hostility which English law itself +established between itself and the people of Ireland. Gentlemen, for +four hundred years—down to 1607—the Irish people had no existence in +the eye of the law; or rather much worse, were viewed by it as "the +King's Irish enemie." But even within the Pale, how did it recommend +itself to popular reverence and affection? Ah, gentlemen, I will show +that in those days, just as there have been in our own, there were +executions and scaffold-scenes which evoked popular horror and +resentment—though they were all "according to law," and not be +questioned unless by "seditionists." The scaffold streamed with the +blood of those whom the people loved and revered—how could they love +and revere the scaffold? Yet, 'twas all "according to law." The +sanctuary was profaned and rifled; the priest was slain or +banished—'twas all "according to law," no doubt, and to hold law in +"disesteem" is "sedition." Men were convicted and executed "according to +law;" yet the people demonstrated sympathy for them, and resentment +against their executioners—most perversely, as a solicitor-general, +doubtless, would say. And, indeed, the State Papers contain accounts of +those demonstrations written by crown officials which sound very like +the solicitor-general's speech to-day. Take, for instance, the +execution—"according to law"—of the "Popish bishop" O'Hurley. Here is +the letter of a state functionary on the subject:—</p> + +<div class='blkquot'><p>"I could not before now so impart to her Majesty as to know her mind + touching the same for your lordship's direction. Wherefore, she + having at length resolved, I have accordingly, by her commandment, to + signify her Majesty's pleasure unto you touching Hurley, which is + this:—That the man being so notorious and ill a subject, as + appeareth by all the circumstances of his cause he is, you proceed, + if it may be, to his execution by ordinary trial of him for it. How + be it, in case you shall find the effect of his course DOUBTFUL by + reason of the affection of such as shall be on his jury, and by + reason of the supposal conceived by the lawyers of that country, that + he can hardly be found guilty for his treason committed in foreign + parts against her Majesty. Then her pleasure is you take A SHORTER + WAY WITH HIM, by martial law. So, as you may see, it is referred to + your discretion, whether of those two ways your lordship will take + with him, and the man being so resolute to reveal no more matter, it + is thought best to have no FURTHER TORTURES used against him, but + that you proceed FORTHWITH TO HIS EXECUTION in manner aforesaid. As + for her Majesty's good acceptation of your careful travail in this + matter of Hurley, you need nothing to doubt, and for your better + assurance thereof she has commanded me to let your lordship + understand that, as well as in all others the like, as in the case of + Hurley, she cannot but greatly allow and commend YOUR DOINGS."</p></div> + +<p>Well, they put his feet into tin boots filled with oil, and then placed +him standing in the fire. Eventually they cut off his head, tore out his +bowels, and cut the limbs from his body. Gentlemen, 'twas all "according +to law;" and to demonstrate sympathy for him and "disesteem" of that law +was "sedition." But do you wonder greatly that law of that complexion +failed to secure popular sympathy and respect? One more illustration, +gentlemen, taken from a period somewhat later on. It is the +execution—"according to law," gentlemen; entirely "according to +law"—of another Popish bishop named O'Devany. The account is that of a +crown official of the time—some most worthy predecessor of the +solicitor-general. I read it from the recently published work of the +Rev. C.P. Meehaun. "On the 28th of January, the bishop and priest, being +arraigned at the King's Bench, were each condemned of treason, and +adjudged to be executed the Saturday following; which day being come, a +priest, or two of the Pope's brood, with holy water and other holy +stuffs"—(no sneer was that at all, gentlemen; no sneer at Catholic +practices, for a crown official never sneers at Catholic +practices)—"were sent to sanctify the gallows whereon they were to die. +About two o'clock, p.m., the traitors were delivered to the sheriffs of +Dublin, who placed them in a small car, which was followed by a great +multitude. As the car progressed the spectators knelt down; but the +bishop sitting still, like a block, would not vouchsafe them a word, or +turn his head aside. The multitude, however, following the car, made +such a dole and lamentation after him, as the heavens themselves +resounded the echoes of their outcries." (Actually a seditious funeral +procession—made up of the ancestors of those thirty-thousand men, +women, and children, who, according to the solicitor-general, glorified +the cause of murder on the 8th of last December.) "Being come to the +gallows, whither they were followed by troops of the citizens, men and +women of all classes, most of the best being present, the latter kept up +such a shrieking, such a howling, and such a hallooing, as if St. +Patrick himself had been gone to the gallows, could not have made +greater signs of grief; but when they saw him turned from off the +gallows, they raised the <i>whobub</i> with such a maine cry, as if the +rebels had come to rifle the city. Being ready to mount the ladder, when +he was pressed by some of the bystanders to speak, he repeated +frequently <i>Sine me quæso</i>. The executioner had no sooner taken off the +bishop's head, but the townsmen of Dublin began to flock about him, some +taking up the head with pitying aspect, accompanied with sobs and +sighs; some kissed it with as religious an appetite as ever they kissed +the Pax; some cut away all the hair from the head, which they preserved +for a relic; some others were practisers to steal the head away, but the +executioner gave notice to the sheriffs. Now, when he began to quarter +the body, the women thronged about him, and happy was she that could get +but her handkerchief dipped in the blood of the traitor; and the body +being once dissevered in four quarters, they neither left, finger nor +toe, but they cut them off and carried them away; and some others that +could get no holy monuments that appertained to his person, with their +knives they shaved off chips from the hallowed gallows; neither could +they omit the halter wherewith he was hanged, but it was rescued for +holy uses. The same night after the execution, a great crowd flocked +about the gallows, and there spent the fore part of the night in +heathenish howling, and performing many Popish ceremonies; and after +midnight, being then Candlemas day, in the morning having their priests +present in readiness, they had Mass after Mass till, daylight being +come, they departed to their own houses." There was "sympathy with +sedition" for you, gentlemen. No wonder the crown official who tells the +story—same worthy predecessor of Mr. Harrison—should be horrified at +such a demonstration. I will sadden you with no further illustrations of +English law, but I think it will be admitted that after centuries of +such law, one need not wonder if the people hold it in "hatred and +contempt." With the opening of the seventeenth century, however, came a +golden and glorious opportunity for ending that melancholy—that +terrible state of things. In the reign of James I., English law, for the +first time, extended to every corner of this kingdom. The Irish came +into the new order of things frankly and in good faith; and if wise +counsels prevailed then amongst our rulers, oh, what a blessed ending +there might have been to the bloody feud of centuries. The Irish +submitted to the Gaelic King, to whom had come in the English crown. In +their eyes he was of a friendly, nay of a kindred race. He was of a line +of Gaelic kings that had often befriended Ireland. Submitting to him was +not yielding to the brutal Tudor. Yes, that was the hour, the blessed +opportunity for laying the foundation of a real union between the three +kingdoms; a union of equal national rights under the one crown. This was +what the Irish expected; and in this sense they in that hour accepted +the new dynasty. And it is remarkable that from that day to this, though +England has seen bloody revolutions and violent changes of rulers, +Ireland has ever held faithfully—too faithfully—to the sovereignty +thus adopted. But how were they received? How were their expectations +met? By persecution, proscription, and wholesale plunder, even by that +miserable Stuart. His son came to the throne. Disaffection broke out in +England and Scotland. Scottish Protestant Fenians, called "Covenanters," +took the field against him, because of the attempt to establish +Episcopalian Protestantism as a state church. By armed rebellion +against their lawful king, I regret to say it, they won rights which +now most largely tend to make Scotland contented and loyal. I say it is +to be regretted that those rights were thus won; for I say that even at +best it is a good largely mixed with evil where rights are won by +resorts of violence or revolution. His concessions to the Calvanist +Fenians in Scotland did not save Charles. The English Fenians, under +their Head Centre Cromwell, drove him from the throne and murdered him +on a scaffold in London. How did the Irish meanwhile act? They stood +true to their allegiance. They took the field for the King. What was the +result? They were given over to slaughter and plunder by the brutal +soldiery of the English Fenians. Their nobles and gentry were beggared +and proscribed; their children were sold as white slaves to West Indian +planters; and their gallant struggles for the king, their sympathy for +the royalist cause, was actually denounced by the English Fenians as +"sedition," "rebellion," "lawlessness," "sympathy with crime." Ah, +gentlemen, the evils thus planted in our midst will survive, and work +their influence; yet some men wonder that English law is held in +"disesteem" in Ireland. Time went on, gentlemen; time went on. Another +James sat on the throne; and again English Protestant Fenianism +conspired for the overthrow of their sovereign. They invited "foreign +emissaries" to come over from Holland and Sweden, to begin the +revolution for them. They drove their legitimate king from the +throne—never more to return. How did the Irish act in that hour? Alas! +Ever too loyal—ever only too ready to stand by the throne and laws if +only treated with justice or kindliness—they took the field for the +king, not against him. He landed on our shores; and had the English +Fenians rested content with rebelling themselves, and allowed us to +remain loyal as we desired to be, we might now be a neighbouring but +friendly and independent kingdom under the ancient Stuart line. King +James came here and opened his Irish parliament in person. Oh, who will +say in that brief hour at least the Irish nation was not reconciled to +the throne and laws? King, parliament, and people, were blended in one +element of enthusiasm, joy, and hope, the first time for ages Ireland +had known such a joy. Yes—</p> + +<p class='poem'><span>We, too, had our day—it was brief, it is ended—</span> +<span class='i2'>When a King dwelt among us—no strange King—but OURS.</span> +<span>When the shout of a people delivered ascended,</span> +<span class='i2'>And shook the green banner that hung on yon towers,</span> +<span>We saw it like leaves in the summer-time shiver;</span> +<span class='i2'>We read the gold legend that blazoned it o'er—</span> +<span>"To-day—now or never; to-day and for ever"—</span> +<span class='i2'>Oh, God! have we seen it to see it no more!</span> +</p> +<p>(Applause in court). Once more the Irish people bled and sacrificed for +their loyalty to the throne and laws. Once more confiscation devastated +the land, and the blood of the loyal and true was poured like rain. The +English Fenians and the foreign emissaries triumphed, aided by the brave +Protestant rebels of Ulster. King William came to the throne—a prince +whose character is greatly misunderstood in Ireland: a brave, courageous +soldier, and a tolerant man, could he have had his way. The Irish who +had fought and lost, submitted on terms, and had law even now been just +or tolerant, it was open to the revolutionary <i>regime</i> to have made the +Irish good subjects. But what took place? The penal code came, in all +its horror to fill the Irish heart with hatred and resistance. I will +read for you what a Protestant historian—a man of learning and +ability—who is now listening to me in this court—has written of that +code. I quote "Godkin's History," published by Cassell of London:—</p> + +<div class='blkquot'><p>"The eighteenth century," says Mr. Godkin, "was the era of + persecution, in which the law did the work of the sword more + effectually and more safely. Then was established a code framed with + almost diabolical ingenuity to extinguish natural affection—to + foster perfidy and hypocrisy—to petrify conscience—to perpetuate + brutal ignorance—to facilitate the work of tyranny—by rendering the + vices of slavery inherent and natural in the Irish character, and to + make Protestantism almost irredeemably odious as the monstrous + incarnation of all moral perversions."</p></div> + +<p>Gentlemen, in that fell spirit English law addressed itself to a +dreadful purpose here in Ireland; and, mark you, that code prevailed +down to our own time; down to this very generation. "Law" called on the +son to sell his father; called on the flock to betray the pastor. "Law" +forbade us to educate—forbid us to worship God in the faith of our +fathers. "Law" made us outcasts—scourged us, trampled us, plundered +us—do you marvel that, amongst the Irish people, law has been held in +"disesteem?" Do you think this feeling arises from "sympathy with +assassination or murder?" Yet, if we had been let alone, I doubt not +that time would have fused the conquerors and the conquered, here in +Ireland, as elsewhere. Even while the millions of the people were kept +outside the constitution, the spirit of nationality began to appear; and +under its blessed influence toleration touched the heart of the +Irish-born Protestant. Yes—thank God—thank God, for the sake of our +poor country, where sectarian bitterness has wrought such wrong—it was +an Irish Protestant Parliament that struck off the first link of the +penal chain. And lo! once more, for a bright brief day, Irish national +sentiment was in warm sympathy and heartfelt accord with the laws. +"Eighty-two" came. Irish Protestant patriotism, backed by the hearty +sympathy of the Catholic millions, raised up Ireland to a proud and +glorious position; lifted our country from the ground, where she lay +prostrate under the sword of England—but what do I say? This is +"sedition." It has this week been decreed sedition to picture Ireland +thus.<a href='#Footnote_C_7' name='FNanchor_C_7'><sup>[C]</sup></a> +Well, then, they rescued her from what I will call the loving +embrace of her dear sister Britannia, and enthroned her in her rightful +place, a queen among the nations. Had the brightness of that era been +prolonged—picture it, think of it—what a country would ours be now? +Think of it! And contrast what we are with what we might be! Compare a +population filled with burning memories—disaffected, sullen, hostile, +vengeful—with a people loyal, devoted, happy, contented; and England, +too, all the happier, the more secure, the more great and free. But sad +is the story. Our independent national legislature was torn from us by +means, the iniquity of which, even among English writers, is now +proclaimed and execrated. By fraud and by force that outrage on law, on +right, and justice, was consummated. In speaking thus I speak +"sedition." No one can write the facts of Irish history, without +committing sedition. Yet every writer and speaker now will tell you that +the overthrow of our national constitution, sixty-seven years ago, was +an iniquitous and revolting scheme. But do you, then, marvel that the +laws imposed on us by the power that perpetrated that deed are not +revered, loved, and respected? Do you believe that that want of respect +arises from the "seditions" of men like my fellow-traversers and myself? +Is it wonderful to see estrangement between a people and laws imposed on +them by the over-ruling influence of another nation? Look at the +lessons—unhappy lessons—taught our people by that London legislature +where their own will is overborne. Concessions refused and resisted as +long as they durst be withheld; and when granted at all, granted only +after passion has been aroused and the whole nation been embittered. The +Irish people sought Emancipation. Their great leader was dogged at every +step by hostile government proclamations and crown prosecutions. +Coercion act over coercion act was rained upon us; yet O'Connell +triumphed. But how and in what spirit was Emancipation granted? Ah there +never was a speech more pregnant with mischief, with sedition, with +revolutionary teaching—never words tended more to bring law and +government into contempt—than the words of the English premier when he +declared Emancipation must, sorely against his will, be granted if +England would not face a civil war. That was a bad lesson to teach +Irishmen. Worse still was taught them. O'Connell, the great +constitutional leader, a man with whom loyalty and respect for the laws +was a fundamental principle of action, led the people towards further +liberation—the liberation, not of a creed, but a nation. What did he +seek? To bring once more the laws and the national will into accord; to +reconcile the people and the laws by restoring the constitution of +queen, lords, and commons. How was he met by the government? By the +nourish of the sword; by the drawn sabre and the shotted gun, in the +market place and the highway. "Law" finally grasped him as a +conspirator, and a picked jury gave the crown then, as now, such verdict +as was required. The venerable apostle of constitutional doctrines was +consigned to prison, while a sorrowing—aye, a maddened nation, wept +for him outside. Do you marvel that they held in "disesteem" the law +and government that acted thus? Do you marvel that to-day, in Ireland, +as in every century of all those through which I have traced this state +of things, the people and the law scowl upon each other? Gentlemen, do +not misunderstand the purport of my argument. It is not for the +purpose—it would be censurable—of merely opening the wounds of the +past that I have gone back upon history somewhat farther than the +solicitor-general found it advantageous to go. I have done it to +demonstrate that there is a truer reason than that alleged by the crown +in this case for the state of war—for unhappily that is what it +is—which prevails between the people of Ireland and the laws under +which they now live. And now apply all this to the present case, and +judge you my guilt—judge you the guilt of those whose crime, indeed, is +that they do not love and respect law and government as they are now +administered in Ireland. Gentlemen, the present prosecution arises +directly out of what is known as the Manchester tragedy. The +solicitor-general gave you his version, his fanciful sketch of that sad +affair; but it will be my duty to give you the true facts, which differ +considerably from the crown story. The solicitor-general began with +telling us about "the broad summer's sun of the 18th September" +(laughter). Gentlemen, it seems very clear that the summer goes far into +the year for those who enjoy the sweets of office; nay, I am sure it is +summer "all the year round" with the solicitor-general while the present +ministry remain in. A goodly golden harvest he and his colleagues are +making in this summer of prosecutions; and they seem very well inclined +to get up enough of them (laughter). Well, gentlemen, I'm not +complaining of that, but I will tell you who complain loudly—the +"outs," with whom it is midwinter, while the solicitor-general and his +friends are enjoying this summer (renewed laughter). Well, gentlemen, +some time last September two prominent leaders of the Fenian +movement—alleged to be so at least—named Kelly and Deasy, were +arrested in Manchester. In Manchester there is a considerable Irish +population, and amongst them it was known those men had sympathisers. +They were brought up at the police court—and now, gentlemen, pray +attentively mark this. The Irish executive that morning telegraphed to +the Manchester authorities a strong warning of an attempted rescue. The +Manchester police had full notice—how did they treat the timely warning +sent from Dublin; a warning which, if heeded, would have averted all +this sad and terrible business which followed upon that day? Gentlemen, +the Manchester police authorities scoffed at the warning. They derided +it as a "Hirish" alarm. What! The idea of low "Hirish" hodmen or +labourers rescuing prisoners from them, the valiant and the brave! Why, +gentlemen, the Seth Bromleys of the "force" in Manchester waxed +hilarious and derisive over the idea. They would not ask even a +truncheon to put to flight even a thousand of those despised "Hirish;" +and so, despite specific warning from Dublin, the van containing the two +Fenian leaders, guarded by eleven police officers, set out from the +police office to the jail. Now, gentlemen, I charge on the stolid vain +gloriousness in the first instance, and the contemptible pusilanimity in +the second instance, of the Manchester police—the valiant Seth +Bromleys—all that followed. On the skirts of the city the van was +attacked by some eighteen Irish youths, having three revolvers—three +revolvers, gentlemen, and no more—amongst them. The valour of the +Manchester eleven vanished at the sight of those three revolvers—some +of them, it seems, loaded with blank cartridge! The Seth Bromleys took +to their heels. They abandoned the van. Now, gentlemen, do not +understand me to call those policemen cowards. It is hard to blame an +unarmed man who runs away from a pointed revolver, which, whether loaded +or unloaded, is a powerful persuasion to—depart. But I do say that I +believe in my soul that if that had occurred here in Dublin, eleven men +of our metropolitan police whould have taken those three revolvers or +perished in the attempt (applause). Oh, if eleven Irish policemen had +run away like that from a few poor English lads with barely three +revolvers, how the press of England would yell in fierce +denunciation—why, they would trample to scorn the name of +Irishman—(applause in the court, which the officials vainly tried to +silence).</p> + +<p><a href='#FNanchor_C_7' name='Footnote_C_7'>[C]</a>For publishing an illustration in the <i>Weekly +News</i> thus picturing England's policy of coercion, Mr. Sullivan had been +found guilty of seditious libel on the previous trial.</p> + +<p>Mr. Justice Fitzgerald—If these interruptions continue, the parties so +offending must be removed.</p> + +<p>Mr. Sullivan—I am sorry, my lord, for the interruption; though not +sorry the people should endorse my estimate of the police. Well, +gentlemen, the van was abandoned by its valiant guard; but there +remained inside one brave and faithful fellow, Brett by name. I am now +giving you the facts as I in my conscience and soul believe they +occurred—and as millions of my countrymen—aye, and thousands of +Englishmen, too—solemnly believe them to have occurred, though they +differ in one item widely from the crown version. Brett refused to give +up the key of the van, which he held; and the attacking party commenced +various endeavours to break it open. At length one of them called out to +fire a pistol into the lock, and thus burst it open. The unfortunate +Brett at that moment was looking through the keyhole, endeavouring to +get a view of the inexplicable scene outside, when he received the +bullet and fell dead. Gentlemen, that may be the true, or it may be the +mistaken version. You may hold to the other, or you may hold to this. +But whether I be mistaken therein, or otherwise, I say here, as I would +say if I stood now before my Eternal Judge on the Last Day, I solemnly +believe the mournful episode to have happened thus—I solemnly believe +that the man Brett was shot by accident, and not by design. But even +suppose your view differs sincerely from mine, will you, can you, hold +that I, thus conscientiously persuaded, sympathise with murder, because +I sympathise with men hanged for that which I contend was accident, and +not murder? That is exactly the issue in this case. Well, the rescued +Fenian leaders got away; and then, when all was over—when the danger +was passed—valour tremendous returned to the fleet of foot Manchester +police. Oh, but they wreaked their vengeance that night on the houses of +the poor Irish in Manchester! By a savage razzia they soon filled the +jails with our poor countrymen seized on suspicion. And then broke forth +all over England that shout of anger and passion which none of us will +ever forget. The national pride had been sorely wounded; the national +power had been openly and humiliatingly defied; the national fury was +aroused. On all sides resounded the hoarse shout for vengeance, swift +and strong. Then was seen a sight the most shameful of its kind that +this century has exhibited—a sight at thought of which Englishmen yet +will hang their heads for shame, and which the English historian will +chronicle with reddened check—those poor and humble Irish youths led +into the Manchester dock in chains! In chains! Yes; iron fetters +festering wrist and ankle! Oh, gentlemen, it was a fearful sight; for no +one can pretend that in the heart of powerful England there could be +danger those poor Irish youths would overcome the authorities and +capture Manchester. For what, then, were those chains put on untried +prisoners? Gentlemen, it was at this point exactly that Irish sympathy +came to the side of those prisoners. It was when we saw them thus used, +and saw that, innocent or guilty, they would be immolated—sacrificed to +glut the passion of the hour—that our feelings rose high and strong in +their behalf. Even in England there were men—noble-hearted Englishmen, +for England is never without such men—who saw that if tried in the +midst of this national frenzy, those victims would be sacrificed; and +accordingly efforts were made for a postponement of the trial. But the +roar of passion carried its way. Not even till the ordinary assizes +would the trial be postponed. A special commission was sped to do the +work while Manchester jurors were in a white heat of panic, indignation, +and fury. Then came the trial, which was just what might be expected. +Witnesses swore ahead without compunction, and jurors believed them +without hesitation. Five men arraigned together as principals—Allen, +Larkin, O'Brien, Shore, and Maguire—were found guilty, and the judge +concerning in the verdict, were sentenced to death. Five men—not three +men, gentlemen—five men in the one verdict, not five separate verdicts. +Five men by the same evidence and the same jury in the same verdict. Was +that a just verdict? The case of the crown here to-day is that it +was—that it is "sedition" to impeach that verdict. A copy of that +conviction is handed in here as evidence to convict me of sedition for +charging as I do that that was a wrong verdict, a bad verdict, a rotten +and a false verdict. But what is the fact? That her Majesty's ministers +themselves admit and proclaim that it was a wrong verdict, a false +verdict. The very evening those men were sentenced, thirty newspaper +reporters sent up to the Home Secretary a petition protesting that—the +evidence of the witnesses and the verdict of the jury +notwithstanding—there was at least one innocent man thus marked for +execution. The government felt that the reporters were right and the +jurors wrong. They pardoned Maguire as an innocent man—that same +Maguire whose legal conviction is here put in as evidence that he and +four others were truly murderers, to sympathise with whom is to commit +sedition—nay, "to glorify the cause of murder." Well, after that, our +minds were easy. We considered it out of the question any man would be +hanged on a verdict thus ruined, blasted, and abandoned; and believing +those men innocent of murder, though guilty of another most serious +legal crime—rescue with violence, and incidental, though not +intentional loss of life—we rejoiced that a terrible mistake was, as we +thought, averted. But now arose in redoubled fury the savage cry for +blood. In vain good men, noble and humane men, in England tried to save +the national honour by breasting this horrible outburst of passion. They +were overborne. Petitioners for mercy were mobbed and hooted in the +streets. We saw all this—we saw all this; and think you it did not sink +into our hearts? Fancy if you can our feelings when we heard that yet +another man out of five was respited—ah, he was an American, +gentlemen—an American, not an Irishman—but that the three Irishmen, +Allen, Larkin, and O'Brien, were to die—were to be put to death on a +verdict and on evidence that would not hang a dog in England! We refused +to the last to credit it; and thus incredulous, deemed it idle to make +any effort to save their lives. But it was true; it was deadly true. And +then, gentlemen, the doomed three appeared in a new character. Then they +rose into the dignity and heroism of martyrs. The manner in which they +bore themselves through the dreadful ordeal ennobled them for ever It +was then we all learned to love and revere them as patriots and +Christians. Oh, gentlemen, it is only at this point I feel my difficulty +in addressing you whose religious faith is not that which is mine. For +it is only Catholics who can understand the emotions aroused in Catholic +hearts by conduct such as theirs in that dreadful hour. Catholics alone +can understand how the last solemn declarations of such men, after +receiving the last sacraments of the Church, and about to meet their +Great Judge face to face, can outweigh the reckless evidence of +Manchester thieves and pickpockets. Yes; in that hour they told us they +were innocent, but were ready to die; and we believed them. We believe +them still. Aye, do we! They did not go to meet their God with a +falsehood on their lips. On that night before their execution, oh, what +a scene! What a picture did England present at the foot of the +Manchester scaffold! The brutal populace thronged thither in tens of +thousands. They danced; they sang; they blasphemed; they chorused "Rule +Britannia," and "God save the Queen," by way of taunt and defiance of +the men whose death agonies they had come to see! Their shouts and +brutal cries disturbed the doomed victims inside the prison as in their +cells they prepared in prayer and meditation to meet their Creator and +their God. Twice the police had to remove the crowd from around that +wing of the prison; so that our poor brothers might in peace go through +their last preparations for eternity, undisturbed by the yells of the +multitude outside. Oh, gentlemen, gentlemen—that scene! That scene in +the grey cold morning when those innocent men were led out to die—to +die an ignominious death before that wolfish mob! With blood on +fire—with bursting hearts—we read the dreadful story here in Ireland. +We knew that these men would never have been thus sacrificed had not +their offence been political, and had it not been that in their own way +they represented the old struggle of the Irish race. We felt that if +time had but been permitted for English passion to cool down, English +good feeling and right justice would have prevailed; and they never +would have been put to death on such a verdict. All this we felt, yet we +were silent till we heard the press that had hounded those men to death +falsely declaring that our silence was acquiescence in the deed that +consigned them to murderers' graves. Of this I have personal knowledge, +that, here in Dublin at least, nothing was done or intended, until the +<i>Evening Mail</i> declared that popular feeling which had had ample time to +declare itself, if it felt otherwise, quite recognised the justice of +the execution. Then we resolved to make answer. Then Ireland made +answer. For what monarch, the loftiest in the world, would such +demonstrations be made, the voluntary offerings of a people's grief! +Think you it was "sympathy for murder" called us forth, or caused the +priests of the Catholic Church to drape their churches? It is a libel to +utter the base charge. No, no. With the acts of those men at that rescue +we had nought to say. Of their innocence of murder we were convinced. +Their patriotic feelings, their religious devotion, we saw proved in the +noble, the edifying manner of their death. We believed them to have been +unjustly sacrificed in a moment of national passion; and we resolved to +rescue their memory from the foul stains of their maligners, and make it +a proud one for ever with Irishmen. Sympathy with murder, indeed! What I +am about to say will be believed; for I think I have shown no fear of +consequences in standing by my acts and principles—I say for myself, +and for the priests and people of Ireland, who are affected by this +case, that sooner would we burn our right hands to cinders than express, +directly or indirectly, sympathy with murder; and that our sympathy for +Allen, Larkin, and O'Brien is based upon the conviction that they were +innocent of any such crime. Gentlemen, having regard to all the +circumstances of this sad business, having regard to the feelings under +which we acted, think you is it a true charge that we had for our intent +and object the bringing of the administration of justice into contempt? +Does a man, by protesting, ever so vehemently, against an act of a not +infallible tribunal, incur the charge of attempting its overthrow? What +evidence can be shown to you that we uttered a word against the general +character of the administration of justice in this country, while +denouncing this particular proceeding, which we say was a fearful +failure of justice—a horrible blunder, a terrible act of passion! +None—none. I say, for myself, I sincerely believe that in this country +of ours justice is administered by the judges of the Irish Bench with a +purity and impartiality between man and man not to be surpassed in the +universal world. Let me not be thought to cast reflection on this court, +or the learned judges before whom I now stand, if I except in a certain +sense, and on some occasions, political trials between the subject and +the crown. Apart from this, I fearlessly say the bench of justice in +Ireland fully enjoys and is worthy of respect and homage. I care not +from what political party its members be drawn, I say that, with hardly +an exception, when robed with the ermine, they become dead to the world +of politics, and sink the politician in the loftier character of +representative of Sacred Justice. Yet, gentlemen, holding those views, I +would, nevertheless, protest against and denounce such a trial as that +in Manchester, if it had taken place here in Ireland. For, what we +contend is that the men in Manchester would never have been found guilty +on such evidence, would never have been executed on such a verdict, if +time had been given to let panic and passion pass away—time to let +English good sense and calm reason and, sense of justice have sway. Now, +gentlemen, judge ye me on this whole case; for I have done. I have +spoken at great length, but I plead not merely my own cause but the +cause of my country. For myself I care little. I stand before you here +with the manacles, I might say, on my hands. Already a prison cell +awaits me in Kilmainham. My doom, in any event, is sealed. Already a +conviction has been obtained against me for my opinions on this same +event; for it is not one arrow alone that has been shot from the crown +office quiver at me—at my reputation, my property, my liberty. In a few +hours more my voice will be silenced; but before the world is shut out +from me for a term, I appeal to your verdict—to the verdict of my +fellow-citizens—of my fellow-countrymen—to judge my life, my conduct, +my acts, my principles and say am I a criminal. Sedition, in a rightly +ordered community, is indeed a crime. But who is it that challenges me? +Who is it that demands my loyalty? Who is it that calls out to me, "Oh, +ingrate son, where is the filial affection, the respect, the obedience, +the support, that is my due? Unnatural, seditious, and rebellious child, +a dungeon shall punish your crime!" I look in the face of my accuser, +who thus holds me to the duty of a son. I turn to see if there I can +recognise the features of that mother, whom indeed I love, my own dear +Ireland. I look into that accusing face, and there I see a scowl, and +not a smile. I miss the soft, fond voice, the tender clasp, the loving +word. I look upon the hands reached out to grasp me—to punish me; and +lo, great stains, blood red, upon those hands; and my sad heart tells me +it is the blood of my widowed mother, Ireland. Then I answer to my +accuser—"You have no claim on me—on my love, my duty, my allegiance. +You are not my mother. You sit indeed in the place where she should +reign. You wear the regal garments torn from her limbs, while she now +sits in the dust, uncrowned and overthrown, and bleeding, from many a +wound. But my heart is with her still. Her claim alone is recognised by +me. She still commands my love, my duty, my allegiance; and whatever the +penalty may be, be it prison chains, be it exile or death, to her I +will be true" (applause). But, gentlemen of the jury, what is that Irish +nation to which my allegiance turns? Do I thereby mean a party, or a +class, or creed? Do I mean only those who think and feel as I do on +public questions? Oh, no. It is the whole people of this land—the +nobles, the peasants, the clergy the merchants, the gentry, the traders, +the professions—the Catholic, the Protestant, the Dissenter. Yes. I am +loyal to all that a good and patriotic citizen should be loyal to; I am +ready, not merely to obey, but to support with heartfelt allegiance, the +constitution of my own country—the Queen as Queen of Ireland, and the +free parliament of Ireland once more reconstituted in our national +senate-house in College—green. And reconstituted once more it will be. +In that hour the laws will again be reconciled with national feeling and +popular reverence. In that hour there will be no more disesteem, or +hatred, or contempt for the laws: for, howsoever a people may dislike +and resent laws imposed upon them against their will by a subjugating +power, no nation disesteems the laws of its own making. That day, that +blessed day, of peace and reconciliation, and joy, and liberty, I hope +to see. And when it comes, as come it will, in that hour it will be +remembered for me that I stood here to face the trying ordeal, ready to +suffer for my country—walking with bared feet over red hot ploughshares +like the victims of old. Yes; in that day it will be remembered for me, +though a prison awaits me now, that I was one of those journalists of +the people who, through constant sacrifice and self-immolation, fought +the battle of the people, and won every vestige of liberty remaining in +the land. (As Mr. Sullivan resumed his seat, the entire audience burst +into applause, again and again renewed, despite all efforts at +repression.)</p></div> + +<p>The effect of this speech certainly was very considerable. Mr. Sullivan +spoke for upwards of two hours and forty minutes, or until nearly a +quarter past six o'clock. During the delivery of his address, twilight +had succeeded day-light; the court attendants, later still, with silent +steps and taper in hand, stole around and lit the chandeliers, whose +glare upon the thousand anxious faces below, seemed to lend a still more +impressive aspect to the scene. The painful idea of the speaker's peril, +which was all-apparent at first amongst the densely-packed audience, +seemed to fade away by degrees, giving place to a feeling of triumph, as +they listened to the historical narrative of British misrule in Ireland, +by which Irish "disesteem" for British law was explained and justified, +and later on to the story of the Manchester tragedy by which Irish +sympathy with the martyrs was completely vindicated. Again and again in +the course of the speech, they burst into applause, regardless of +threatened penalties; and at the close gave vent to their feelings in a +manner that for a time defied all repression.</p> + +<p>When silence was restored, the court was formally adjourned to next day, +Friday, at 10 o'clock, a.m.</p> + +<p>The morning came, and with it another throng; for it was known Mr. +Martin would now speak in his turn. In order, however, that his speech, +which was sure to be an important one, might close the case against the +crown, Mr. Bracken, on the court resuming, put in <i>his</i> defence very +effectively as follows:—</p> + +<div class='blkquot'><p>My lords—I would say a word or two, but after +Mr. Sullivan's grand and noble speech of last evening, I think it now +needless on my part. I went to the procession of the 8th December, +assured that it was right from reading a speech of the Earl of Derby in +the newspapers. There was a sitting of the Privy Council in Dublin on +the day before, and I sat in my shop that night till twelve o'clock, to +see if the procession would be forbidden by government. They, however, +permitted it to take place, and I attended it fully believing I was +right. That is all I have to say.</p></div> + +<p>This short speech—delivered in a clear musical and manly voice—put the +whole case against the crown in a nut-shell. The appearance of the +speaker too—a fine, handsome, robust, and well-built man, in the prime +of life, with the unmistakable stamp of honest sincerity on his +countenance and in his eye—gave his words greater effect with the +audience; and it was very audibly murmured on all sides that he had +given the government a home thrust in his brief but telling speech.</p> + +<p>Then Mr. Martin rose. After leaving court the previous evening he had +decided to commit to writing what he intended to say; and he now read +from manuscript his address to the jury. The speech, however, lost +nothing in effect by this; for any auditor out of view would have +believed it to have been spoken, as he usually speaks, <i>extempore</i>, so +admirably was it delivered. Mr. Martin said:—</p> + +<div class='blkquot'><p>My lords and gentlemen of +the jury—I am going to trouble this court with some reply to the charge +made against me in this indictment. But I am sorry that I must begin by +protesting that I do not consider myself as being now put upon my +country to be tried as the constitution directs—as the spirit of the +constitution requires—and, therefore, I do not address you for my legal +defence, but for my vindication before the tribunal of conscience—a far +more awful tribunal, to my mind, than this. Gentlemen, I regard you as +twelve of my fellow-countrymen, known or believed by my prosecutors to +be my political opponents, and selected for that reason for the purpose +of obtaining a conviction against me in form of law. Gentlemen, I have +not the smallest purpose of casting an imputation against your honesty +or the honesty of my prosecutors who have selected you. This is a +political trial, and in this country political trials are always +conducted in this way. It is considered by the crown prosecutors to be +their duty to exclude from the jury-box every juror known, or suspected, +to hold or agree with the accused in political sentiment. Now, +gentlemen, I have not the least objection to see men of the most +opposite political sentiments to mine placed in the jury-box to try me, +provided they be placed there as the constitution commands—provided +they are twelve of my neighbours indifferently chosen. As a loyal +citizen I am willing and desirous to be put upon my county, and fairly +tried before any twelve of my countrymen, no matter what may happen to +be the political sentiments of any of them. But I am sorry and indignant +that this is not such a trial. This system by which over and over again +loyal subjects of the Queen in Ireland are condemned in form of law for +seeking, by such means as the constitution warrants, to restore her +Majesty's kingdom of Ireland to the enjoyment of its national +rights—this system, of selecting anti-Repealers and excluding Repealers +from the jury box, when a Repealer like me is to be tried, is calculated +to bring the administration of justice into disesteem, disrepute, and +hatred. I here protest against it. My lords and gentlemen of the jury, +before I offer any reply to the charges in this indictment, and the +further development of those charges made yesterday by the learned +gentleman whose official duty it was to argue the government's case +against me, I wish to apologise to the court for declining to avail +myself of the professional assistance of the bar upon this occasion. It +is not through any want of respect for the noble profession of the bar +that I decline that assistance. I regard the duties of a lawyer as among +the most respectable that a citizen can undertake. His education has +taught him to investigate the origin, and to understand principles of +law, and the true nature of loyalty. He has had to consider how the +interests of individual citizens may harmonise with the interests of the +community, how justice and liberty may be united, how the state may have +both order and contentment. The application of the knowledge which he +has gained—viz., the study of law to the daily facts of human +society—sharpens and strengthens all his faculties, clears his +judgment, helps him to distinguish true from false, and right from +wrong. It is no wonder, gentlemen, that an accomplished and virtuous +lawyer holds a high place in the aristocracy of merit in every free +country. Like all things human, the legal profession has its dark as +well as its bright side, has in it germs of decay and rotten foulness as +well as of health and beauty; but yet it is a noble profession, and one +which I admire and respect. But, above all, I would desire to respect +the bar of my own country, and the Irish bar—the bar made illustrious +by such memories as those of Grattan and Flood, and the Emmets, and +Curran, and Plunket, and Saurin, and Holmes, and Sheil, and O'Connell. I +may add, too, of Burke and of Sheridan, for they were Irish in all that +made them great. The bar of Ireland wants this day only the ennobling +inspirations of national freedom to raise it to a level with the world. +Under the Union very few lawyers have been produced whose names can rank +in history with any of the great names I have mentioned. But still, even +the present times of decay, and when the Union is preparing to carry +away our superior courts, and the remains of our bar to Westminster, and +to turn that beautiful building upon the quay into a barrack like the +Linen Hall, or an English tax-gatherer's office like the Custom House, +there are many learned, accomplished, and respectable lawyers at the +Irish bar, and far be it from me to doubt but that any Irish lawyer who +might undertake my defence would loyally exert himself as the lofty idea +of professional honour commands to save me from a conviction. But to +this attack upon my character as a good citizen and upon my liberty, my +lords and gentlemen, the only defence I could permit to be offered would +be a full justification of my political conduct, morally, +constitutionally, legally—a complete vindication of my acts and words +alleged to be seditious and disloyal, and to retort against my accusers +the charge of sedition and disloyalty. Not, indeed, that I would desire +to prosecute these gentlemen upon that charge, if I could count upon +convicting them and send them to the dungeon instead of myself. I don't +desire to silence them, or to hurt a hair of their wigs because their +political opinions differed from mine. Gentlemen, this prosecution +against me, like the prosecutions just accomplished against two national +newspapers, is part of a scheme of the ministers of the crown for +suppressing all voice of protest against the Union, for suppressing all +public complaint against the deadly results of the Union, and all +advocacy by act, speech, or writing for Repeal of the Union. Now I am a +Repealer so long as I have been a politician at all—that is for at +least twenty-four years past. Until the national self-government of my +country be first restored, there appears to me to be no place, no <i>locus +standi</i> (as lawyers say), for any other Irish political question, and I +consider it to be my duty as a patriotic and loyal citizen, to endeavour +by all honourable and prudent means to procure the Repeal of the Act of +the Union, and the restoration of the independent Irish government, of +which my country was (as I have said in my prosecuted speech), "by fraud +and force," and against the will of the vast majority of its people of +every race, creed, and class, though under false form of law, deprived +sixty-seven years ago. Certainly, I do not dispute the right of you, +gentlemen, or of any man in this court, or in all Ireland, to approve +of the Union, to praise it, if you think right, as being wise and +beneficent, and to advocate its continuance openly by act, speech, and +writing. But I naturally think that my convictions in this matter of the +Union ought to be shared by you also, gentlemen, and by the learned +judges, and the lawyers, both crown lawyers and all others, and by the +policemen and soldiers, and all faithful subjects of her Majesty in +Ireland. Now, gentlemen, such being my convictions, were I to entrust my +defence in this court to a lawyer, he must speak as a Repealer, not only +for me, but for himself, not only as a professional advocate, but as a +man, and from the heart. I cannot doubt but that there are very many +Irish lawyers who privately share my convictions about Repeal. Believing +as I do in my heart and conscience, and with all the force of the mind +that God has given me, that Repeal is the right and the only right +policy for Ireland—for healing all the wounds of our community, all our +sectarian feuds, all our national shame, suffering, and peril—for +making our country peaceful, industrious, prosperous, respectable, and +happy—I cannot doubt but that in the enlightened profession of the bar +there must be very many Irishmen who, like me, consider Repeal to be +right, and best, and necessary for the public good. But, gentlemen, ever +since the Union, by fraud and force and against the will of the Irish +people, was enacted—ever since that act of usurpation by the English +parliament of the sovereign rights of the queen, lords, and commons of +Ireland—ever since this country was thereby rendered the subject +instead of the sister of England—ever since the Union, but especially +for about twenty years past, it has been the policy of those who got +possession of the sovereign rights of the Irish crown to appoint to all +places of public trust, emolument, or honour in Ireland only such as +would submit, whether by parole or by tacit understanding, to suppress +all public utterance of their desire for the Repeal of the Union such as +has been the persistent policy towards this country of those who command +all the patronage of Irish offices, paid and unpaid—the policy of all +English ministers, whether Whig or Tory, combined with the disposal of +the public forces—such a policy is naturally very effective in not +really reconciling, but in keeping Ireland quietly subject to the Union. +It is a hard trial of men's patriotism to be debarred from all career of +profitable and honourable distinction in the public service of their own +country. I do not wonder that few Irish lawyers, in presence of the +mighty power of England, dare to sacrifice personal ambition and +interest to what may seem a vain protest against accomplished facts. I +do not wish to attack or offend them—as this court expresses it, to +impute improper motives to them—by thus simply stating the sad facts +which are relevant to my own case in this prosecution, and explaining +that I decline professional assistance, because few lawyers would be so +rash as to adopt my political convictions, and vindicate my political +conduct as their own, and because if any lawyer were so bold as to offer +me his aid on my own terms, I am too generous to permit him to ruin his +professional career for my sake. Such are the reasons, gentlemen of the +jury and my lords, why I am now going through this trial, not <i>secundum +artum</i>, but like an eccentric patient who won't be treated by the +doctors but will quack himself. Perhaps I would be safer if I did not +say a word about the legal character of the charge made against me in +this indictment. There are legal matters as dangerous to handle as any +drugs in the pharmacopoeia. Yet I shall trouble you for a short time +longer, while I endeavour to show that I have not acted in a way +unbecoming a good citizen. The charge against me in this indictment is +that I took part in an illegal procession by the provisions of the +statute entitled in the Party Processions' Act. His lordship enumerated +seven conditions, the violation of some one of which is necessary to +render an assembly illegal at common law. Those seven conditions are—1. +That the persons forming the assembly met to carry out an unlawful +purpose. 2. That the numbers in which the persons met endangered the +public peace. 3. That the assembly caused alarm to the peaceful subjects +of the Queen. 4. That the assembly created disaffection. 5. That the +assembly incited her Majesty's Irish subjects to hate her Majesty's +English subjects—his lordship did not say anything of the case of an +assembly inciting the Queen's English subjects to hate the Queen's Irish +subjects, but no such case is likely to be tried here. 6. That the +assembly intended to asperse the right and constitutional administration +of justice; and 7. That the assembly intended to impair the functions of +justice and to bring the administration of justice into disrepute. I say +that the procession of the 8th December did not violate any one of these +conditions—1. In the first place the persons forming that procession +did not meet to carry out any unlawful purpose—their purpose was +peaceably to express their opinion upon a public act of the public +servants of the crown. 2. In the second place the numbers in which those +persons met did not endanger the public peace. None of those persons +carried arms. Thousands of those persons were women and children. There +was no injury or offence attempted to be committed against anybody, and +no disturbance of the peace took place. 3. In the third place the +assembly caused no alarm to the peaceable subjects of the Queen—there +is not a tittle of evidence to that effect. 4. In the fourth place the +assembly did not create disaffection, neither was it intended or +calculated to create disaffection. On the contrary, the assembly served +to give peaceful expression to the opinion entertained by vast numbers +of her Majesty's peaceful subjects upon a public act of the servants of +the crown, an act which vast numbers of the Queen's subjects regretted +and condemned. And thus the assembly was calculated to prevent or remove +disaffection, and such open and peaceful manifestations of the real +opinions of the Queen's subjects upon public affairs is the proper, +safe, and constitutional way in which they may aid to prevent +disaffection. 5. In the fifth place the assembly did not incite the +Irish subjects of the Queen to hate her Majesty's subjects. On the +contrary, it was a proper constitutional way of bringing about a right +understanding upon a transaction which, if not fairly and fully +explained and set right, must produce hatred between the two peoples. +That transaction was calculated to produce hatred. But those who protest +peaceably against such a transaction are not the party to be blamed, but +those responsible for the transaction. 6. In the sixth place the +assembly had no purpose of aspersing the right and constitutional +administration of justice. Its tendency was peaceably to point out +faults in the conduct of the servants of the crown, charged with the +administration of justice, which faults were calculated to bring the +administration of justice into disrepute. 7. Nor, in the seventh place, +did the assembly impair the functions of justice, or intend or tend to +do so. Even my prosecutors do not allege that judicial tribunals are +infallible. It would be too absurd to make such an allegation in plain +words. It is admitted on all hands that judges have sometimes given +wrong directions, that juries have given wrong verdicts, that courts of +justice have wrongfully appreciated the whole matter for trial. When +millions of the Queen's subjects think that such wrong has been done, is +it sedition for them to say so peaceably and publicly? On the contrary, +the constitutional way for good citizens to act in striving to keep the +administration of justice pure and above suspicion of unfairness, is by +such open and peaceable protests. Thus, and thus only, may the functions +of justice be saved from being impaired. In this case wrong had been +done. Five men had been tried together upon the same evidence, and +convicted together upon that evidence, and while one of the five was +acknowledged by the crown to be innocent, and the whole conviction was +thus acknowledged to be wrong and invalid, three of the five men were +hanged upon that conviction. My friend, Mr. Sullivan, in his eloquent +and unanswerable speech of yesterday, has so clearly demonstrated the +facts of that unhappy and disgraceful affair of Manchester, that I shall +merely say of it that I adopt every word he spoke upon the subject for +mine, and to justify the sentiment and purpose with which I engaged in +the procession of the 8th December. I say the persons responsible for +that transanction are fairly liable to the charge of acting so as to +bring the administration of justice into contempt, unless, gentlemen, +you hold those persons to be infallible and hold that thay can do no +wrong. But, gentlemen, the constitution does not say that the servants +of the crown can do no wrong. According to the constitution the +sovereign can do no wrong, but her servants may. In this case they have +done wrong. And, gentlemen, you cannot right that wrong, nor save the +administration of justice from the disreputation into which such +proceedings are calculated to bring it, by giving a verdict to put my +comrades and myself into jail for saying openly and peaceably that we +believe the administration of justice in that unhappy affair did do +wrong. But further, gentlemen, let us suppose that you twelve jurors, as +well as the servants of the crown who are prosecuting me, and the two +judges, consider me to be mistaken in my opinion upon that judicial +proceeding, yet you have no right under the constitution to convict me +of a misdemeanour for openly and peaceably expressing my opinion. You +have no such right; and as to the wisdom of treating my differences of +opinion and the peaceable expression of it as a penal offence—and the +wisdom of a political act ought to be a serious question with all good +and loyal citizens—consider that the opinion you are invited by the +crown prosecutors to pronounce to be a penal offence is not mine alone, +nor that of the five men herein indicted, but is the opinion of all the +30,000 persons estimated by the crown evidence to have taken part in the +assembly of the 8th of December; is the opinion besides of the 90,000 or +100,000 others who, standing in the streets of this city, or at the open +windows overlooking the streets traversed by the procession that day, +manifested their sympathy with the objects of the procession; is the +opinion, as you are morally certain, of some millions of your Irish +fellow-subjects. By indicting me for the expression of that opinion the +public prosecutors virtually indict some millions of the Queen's +peaceable Irish subjects. It is only the convenience of this +court—which could not hold the millions in one batch of traversers, and +which would require daily sittings for several successive years to go +through the proper formalities for duly trying all those millions; it is +only the convenience of this court that can be pretended to relieve the +crown prosecutors from the duty of trying and convicting all those +millions if it is their duty to try and convict me. The right principles +of law do not allow the servants of the crown to evade or neglect their +duty of bringing to justice all offenders against the law. I suppose +these gentlemen may allege that it is at their discretion what offenders +against the law they will prosecute. I deny that the principles of the +law allow them, or allow the Queen such discretion. The Queen, at her +coronation services, swears to do justice to all her subjects according +to the law. The Queen, certainly, has the right by the constitution to +pardon any offenders against the law. She has the prerogative of mercy. +But there can be no pardon, no mercy, till after an offence be proved in +due course of law by accusation of the alleged offenders before the +proper tribunals, followed by the plea of guilty or the jurors' verdict +of guilty. And to select one man or six men for trial, condemnation, and +punishment, out of, say, four millions who have really participated in +the same alleged wicked, malicious, seditious, evil-disposed, and +unlawful proceeding, is unfair to the six men, and unfair to the other +3,999,994 men—is a dereliction of duty on the part of the officers of +the law, and is calculated to bring the administration of justice into +disrepute. Equal justice is what the constitution demands. Under +military authority an army may be decimated, and a few men may properly +be punished, while the rest are left unpunished. But under a free +constitution it is not so. Whoever breaks the law must be made amenable +to punishment, or equal justice is not rendered to the subjects of the +Queen. Is it not pertinent, therefore, gentlemen, for me to say to you +this is an unwise proceeding which my prosecutors bid you to sanction +by a verdict? I have heard it asked by a lawyer addressing this court as +a question that must be answered in the negative—can you indict a whole +nation? If such a proceeding as this prosecution against the peaceable +procession of the 8th December receives the sanction of your verdict, +that question must be answered in the affirmative. It will need only a +crown prosecutor, an attorney-general, and a solicitor-general, two +judges, and twelve jurors, all of the one mind, while all the other +subjects of the Queen in Ireland are of a different mind, and the five +millions and a half of the Queen's subjects of Ireland outside that +circle of seventeen of her Majesty's subjects, may be indicted, +convicted, and consigned to penal imprisonment in due form of law—a law +as understood in political trials in Ireland. Gentlemen, I have thus far +endeavoured to argue from the common sense of mankind, with which the +principles of law must be in accord, that the peaceable procession of +the 8th of December—that peaceable demonstration of the sentiment of +millions of the Queen's subjects in Ireland—did not violate any of the +seven conditions of the learned judge to the grand jury in defining what +constitutes an illegal assembly at common law; and I have also argued +that the prosecution is unwise, and calculated to excite discontent. +Gentlemen, I shall now endeavour to show you that the procession of the +8th of December did not violate the statute entitled the Party +Processions' Act. The learned judge in his charge told the grand jury +that under this act all processions are illegal which carry weapons of +offence, or which carry symbols calculated to promote the animosity of +some other class of her Majesty's subjects. Applying the law to this +case, his lordship remarked that the processions of the 8th of December +had something of military array—that is, they went in regular order +with a regular step. But, gentlemen, there were no arms in that +procession, there were no symbols in that procession intended or +calculated to provoke animosity in any other class of the Queen's +subjects, or in any human creature. There were neither symbol, nor deed, +or word intended to provoke animosity, and as to the military array—is +it not absurd to attribute a warlike character to an unarmed and +perfectly peaceful assemblage, in which there were some thousands of +women and children? No offence was given or offered any human being. The +authorities were so assured of the peacefulness and inoffensiveness of +the assemblage that the police were withdrawn in a great measure from +their ordinary duties of preventing disorders. And as to the remark that +the people walked with a regular step, I need only say that was done for +the sake of order and decorum. It would be merely to doubt whether you +are men of common sense if I argued any further to satisfy you that the +procession did not violate the Party Processions' Act, such as it is +defined by the learned judge. The speech delivered on that occasion is +an important element in forming a judgment upon the character and object +of the procession. The speech declared the procession to be a peaceable +expression of the opinion of those who composed it upon an important +public transaction, an expression of sorrow and indignation at an act +of the ministers of the government. It was a protest against that act—a +protest which those who disapproved of it were entitled by the +constitution to make, and which they made, peaceably and legitimately. +Has not every individual of the millions of the Queen's subjects the +right to say so say openly whether he approves or disapproves of any +public act of the Queen's ministers? Has not all the Queen's subjects +the right to say altogether if they can without disturbance of the +Queen's peace? The procession enabled many thousands to do that without +the least inconvenience or danger to themselves, and with no injury or +offence to their neighbours. To prohibit or punish peaceful, +inoffensive, orderly, and perfectly innocent processions upon pretence +that they are constructively unlawful, is unconstitutional tyranny. Was +it done because the ministers discovered that the terror of suspended +habeas corpus had not in this matter stifled public opinion? Of course, +if anything be prohibited by government, the people obey—of course I +obey. I would not have held the procession had I not understood that it +was permitted. But understanding that it was permitted, and so believing +that it might serve the people for a safe and useful expression of their +sentiment, I held the procession. I did not hold the procession because +I believed it to be illegal, but because I believed it to be legal and +understood it to be permitted. In this country it is not law that must +rule a loyal citizen's conduct, but the caprice of the English +ministers. For myself, I acknowledge that I submit to such a system of +government unwillingly, and with constant hope for the restoration of +the reign of law, but I do submit. Why at first did the ministers of the +crown permit an expression of censure upon that judicial proceeding at +Manchester by a procession—why did they not warn her Majesty's subjects +against the danger of breaking the law? Was it not because they thought +that the terrors of the suspended habeas corpus would be enough to +prevent the people from coming openly forward at all to express their +real sentiments? Was it because they found that so vehement and so +general was the feeling of indignation at that unhappy transaction at +Manchester that they did venture to come openly forward—with perfect +peacefulness and most careful observance of the peace to express their +real sentiments—that the ministry proclaimed down the procession, and +now prosecute us in order to stifle public opinion? Gentlemen of the +jury, I have said enough to convince any twelve reasonable men that +there was nothing in my conduct in the matter of that procession which +you can declare on your oaths to be "malicious, seditious, ill-disposed, +and intended to disturb the peace and tranquility of the realm." I shall +trouble you no further, except by asking you to listen to the summing up +of this indictment, and, while you listen to judge between me and the +attorney-general. I shall read you my words and his comment. Judge of +us, Irish jurors, which of us two are guilty:—"Let us, therefore, +conclude this proceeding by joining heartily, with hats off, in the +prayer of those three men, 'God save Ireland.'" "Thereby," says the +attorney-general in his indictment, "meaning, and intending to excite +hatred, dislike, and animosity against her Majesty and the government, +and bring into contempt the administration of justice and the laws of +this realm, and cause strife and hatred between her Majesty's subjects +in Ireland and in England, and to excite discontent and disaffection +against her Majesty's government." Gentlemen, I have now done.</p> + +<p>Mr. Martin sat down amidst loud and prolonged applause.</p></div> + +<p>This splendid argument, close, searching, irresistible, gave the <i>coup +de grace</i> to the crown case. The prisoners having called no evidence, +according to honourable custom having almost the force of law, the +prosecution was disentitled to any rejoinder. Nevertheless, the crown +put up its ablest speaker—a man far surpassing in attainments as a +lawyer and an orator both the Attorney and Solicitor-General—Mr. Ball, +Q.C., to press against the accused that technical right which honourable +usage reprehended as unfair! No doubt the crown authorities felt it was +not a moment in which they could afford to be squeamish or scrupulous. +The speeches of Mr. Sullivan and Mr. Martin had had a visible effect +upon the jury—had, in fact, made shreds of the crown case; and so Mr. +Ball was put up as the last hope of averting the "disaster" of a +failure. He spoke with his accustomed ability and dignity, and made a +powerful appeal in behalf of the crown. Then Mr. Justice Fitzgerald +proceeded to charge the jury, which he did in his own peculiarly calm, +precise, and perspicuous style. At the outset, referring to the protest +of the accused against the conduct of the crown in the jury challenges, +he administered a keen rebuke to the government officials. It was, he +said, no doubt the strict legal <i>right</i> of the crown to act as it had +done; yet, considering that this was a case in which the accused was +accorded no corresponding privilege, the exercise of that right in such +a manner by the crown certainly was, in his, Mr. Justice Fitzgerald's +estimation, <i>a subject for grave objection</i>.</p> + +<p>Here there was what the newspaper reporters call "sensation in court." +What! Had it come to this, that one of the chief institutions of the +land—a very pillar of the crown and government—namely,<i>jury-packing,</i> +was to be reflected upon from the bench itself. Monstrous!</p> + +<p>The charge, though mild in language, was pretty sharp on the +"criminality" of such conduct as was <i>imputed</i> to the accused, yet +certainly left some margin to the jury for the exercise of their opinion +upon "the law and the facts."</p> + +<p>At two o'clock in the afternoon the jury retired to consider their +verdict, and as the judges at the same moment withdrew to their chamber, +the pent-up feelings of the crowded audience instantly found vent in +loud Babel-like expressions and interchange of comments on the charge, +and conjectures as to the result. "Waiting for the verdict" is a scene +that has often been described and painted. Everyone of course concluded +that half-an-hour would in any case elapse before the anxiously watched +jury-room door would open; but when the clock hands neared three, +suspense intense and painful became more and more visible in every +countenance. It seemed to be only now that men fully realized all that +was at stake, all that was in peril, on this trial! <i>A conviction in +this case rendered the national colour of Ireland for ever more an +illegal and forbidden emblem</i>! A conviction in this case would degrade +the symbol of nationality into a badge of faction! To every fevered +anxious mind at this moment rose the troubled memories of gloomy +times—the "dark and evil days" chronicled in that popular ballad, the +music and words of which now seemed to haunt the watchers in the +court:—</p> + +<p class='poem'><span>"Oh, Patrick, dear, and did you hear</span> +<span class='i2'>The news that's going round?</span> +<span>The shamrock is by law forbid.</span> +<span class='i2'>To grow on Irish ground.</span> +<span>No more St. Patrick's day we'll keep—</span> +<span class='i2'>His colour can't be seen,</span> +<span>For there's a bloody law again</span> +<span class='i2'>The Wearing of the Green."</span> +</p> + +<p>But hark! There is a noise at the jury-room door! It opens—the jury +enter the box. A murmur, swelling to almost a roar, from the crowded +audience, is instantly followed by a deathlike stillness. The judges are +called; but by this time it is noticed that the foreman has not the +"issue-paper" ready to hand down; and a buzz goes round—"a question; a +question!" It is even so. The foreman asks:—</p> + +<div class='blkquot'><p>Whether, if they believed the speech of Mr. Martin to be in itself + seditious, should they come to the conclusion that the assemblage was + seditious?</p></div> + +<p>Mr. Justice Fitzgerald answers <i>in the negative</i>, and a thrill goes +through the audience. Nor is this all. One of the jurors declares there +is no chance whatever of their agreeing to a verdict! Almost a cheer +breaks out. The judge, however, declares they must retire again; which +the jury do, very reluctantly and doggedly; in a word, very unlike men +likely to "persuade one another."</p> + +<p>When the judges again leave the bench for their chamber, the crowd in +court give way outright to joy. Every face is bright; every heart is +light; jokes go round, and there is great "chaff" of the crown +officials, and of the "polis," who, poor fellows, to tell the truth, +seem to be as glad as the gladdest in the throng. Five o'clock +arrives—half-past five—the jury must suavely be out soon now. At a +quarter to six they come; and for an instant the joke is hushed, and +cheeks suddenly grow pale with fear lest by any chance it might be evil +news. But the faces of the jurymen tell plainly "no verdict." The judges +again are seated. The usual questions in such cases: the usual answers. +"No hope whatever of an agreement." Then after a reference to the +Solicitor-General, who, in sepulchral tone, "supposes" there is "nothing +for it" but to discharge the jury, his lordship declares the jury +discharged.</p> + +<p>Like a volley there burst a wild cheer, a shout, that shook the +building! Again and again it was renewed; and, being caught up by the +crowd outside, sent the tidings of victory with electrical rapidity +through the city. Then there was a rush at Mr. Martin and Mr. Sullivan. +The former especially was clasped, embraced, and borne about by the +surging throng, wild with joy. It was with considerable difficulty any +of the traversers could get away, so demonstrative was the multitude in +the streets. Throughout the city the event was hailed with rejoicing, +and the names of the jurymen, "good and bad" were vowed to perpetual +benediction. For once, at least, justice had triumphed; or rather, +injustice had been baulked. For once, at least, the people had won the +day; and the British Government had received a signal overthrow in its +endeavour to proscribe—</p> + +<h2>"THE WEARING OF THE GREEN."</h2> + +<hr style='width: 45%;' /> + +<p>For one of the actors in the above-described memorable scene, the +victory purchased but a few hours safety. Next morning Mr. A.M. Sullivan +was placed again at the bar to hear his sentence—that following upon +the first of the prosecutions hurled against him (the <i>press</i> +prosecution), on which he had been found guilty. Again the court was +crowded—this time with anxious faces, devoid of hope. It was a brief +scene. Mr. Justice Fitzgerald announced the sentence—six months in +Richmond Prison; and amidst a farewell demonstration that compelled the +business of the court to be temporarily suspended, the officials led +away in custody the only one of the prosecuted processionists who +expiated by punishment his sympathy with the fate of the Martyred Three +of Manchester.</p> + +<h2>END.</h2> + +<p> +[Transcriber's note: The spelling inconsistencies of the original are +retained in this etext.] +</p> + +<div>*** END OF THE PROJECT GUTENBERG EBOOK 12853 ***</div> +</body> +</html> + + + + |