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DUBLIN : T H E F R E E M A N ’S J O U R N A L , L I M I T E D .

T H E TREATMENT OF POLITICAL PRISONERS IN I R E L A N D COMPILED AND ARRANGED BY E. D W Y E R G R A Y W IT H INTRODUCTION BY S I R C H A R L E S G A V A N D U F F Y PA RT I.— E. DW YER GRAY.

PA R T II,—M.

M ‘DONALD BODKIN B.L PART I I I —T.


M. HEALY, B.L., M.P PA RT IV .—'THE INTERNATIONAL PROTEST— (C o m p risin g opinions fro m U nited States, Canada, France, E ngland, and Ireland. )

D U B L I N TH E FREEMAN’S JOURNAL, LIM ITED, PRINTERS.

1889.

T IIE FREEM AN’S JO U RN A L, L IM IT E D , PR IN T IN G AND BOOKBINDING W ORKS )R E LANE, D U BLIN .

P R IN T E D AT ik ‘ I- CONTENTS.


P reface.—In tro d u ctio n , &c. T a r t I.—T H E Q U E S T IO N C O N S T IT U T IO N A L L Y C O N S ID E R E D .

P ages 1-48.
Tw o questions at issue.— Offences against public order.— U njust to treat mis­ guided p atrio ts as crim inals.—A ssociation.— Lord Justice Bram w ell on.— Political offenders of low social grade.—T hé Devon Royal Commission, 1870.— Report in favour of classification.— Kimberley Royal Commission, 1878 and 1879, confirm principle.—Evidence of Captain D ucane.— Lord Mayo on Association, 1868.—T he International P rotest.— Precedent at home.— Case of W illiam Cobbett, 1809.—Cobbet describes his treatm ent.— Case of Leigh H u n t.—T ithe war of 1828, similar to Land war of to-day.— Boycotting in 1838.—Case of M arcus Costello, tithe agitator.—T re a t­ m ent of tithe prisoners, a precedent.— Law never recognized political crimes.— O ’Connell a criminal.—T reatm ent of R ep eal prisoners.— W h at we dem and.—T rea t­ m ent of M eagher, O ’Brien, O ’D oherty, and M ‘M anus.— M itchel and Treason F elony.—A ttem pts to degrade M itchel illegal.—T reatm ent of M itchel.— Boycotting a weapon universally know n.—Transportation abolished by Penal Servitude A ct.— T he Irish interm ediate system.— Mr. Charles Burke defines duty of the S tate.— First departure from constitutional custom.— Political prisoners in 1798.—T he Fenians treated as criminals.—Effect of treatm ent.—D illon’sstatem ent before the Devon Commission.— Gladstone appoints Devon Commission.— Sm all privileges granted Fenian prisoners.— Devon Commission .condemns the system.—C hartist movement in E ngland.— E xtra­ ordinary letter from Lord John Russell.—Case of Fergus O ’Connor, alleged degrada­ tion of—Discussion in P arliam ent.—H ouse of Lords.—Interference of H om e Secretary.
— Lord N orm andy s opinion.—Bradford petition— Effect of H om e Secretary’s inter­ ference.— H enry V incent, unlawful assembly.—T he Attorney-G eneral interferes.— Second imprisonment of Mr. V incent.—Treated as a felon.—Serjeant Talfourd protests.—Opinion of A ttorney-G eneral.—Discussion in Parliam ent.— Interference of C hief Secretary in Prison adm inistration sanctioned by custom .—Precedents.— Johnston of Ballykilbeg in jail.— Intervention of Lord M ayo.— Lord Mayo’s action.— Press Prisoners of 1868.—P igott and A. M. Sullivan.—Isaac Butt on Act of 1856.— Discussion in Parliam ent.— Rem arkable statem ent of Lord Mayo.— Lord Aberdare on Political offences, 1869.—W hat precedent at home teaches us.— Foreign practice.
P'rance.—Dr.

Lyons’ R eport.—Political prisoners in France.— Letters of Count de M un, etc., etc.— Canada and U nited States.— International Prison Congress in 1872.

—Rem arkable proceedings.— T he International delegates discuss association.

The Congress in favour of simple detention.—T he Freeman?s Journal and the Congress.

Mr. Balfour’s policy is opposed to the practice of Russia.— International law.

E x ­ tradition refused for political offences—Lord Palm erston s Government, defeat of.
— is a political offence.— M. T hier’s definition and A Political paradox.—W hat i v CONTENTS.

argum ents thereon.—Boycotting and trade unionism .—Crimes Act prisoners are political prisoners.— D a ily Telegraph and M r. Balfour—Enforcing prison dress is illegal.—D r. B arr'sletter to Times.—D ietary question.—Recent changes in prison rules.
W hy the felon is well treated.— T he changes in the prison rules.— The rules no conces­ sion.— N em o’s letter to the Freem an's Journal.—T he rule regarding prison dress and the clipping of the hair, as am ended.— T he Freem an defines the Nationalist attitude to­ wards the A berdare Com m ittee.— The principle of classification.—T he Comm ittee a farce.—T he personnel of the Comm ittee.—W hy political prisoners ’ in England have never protested against prison discipline.— Mr. Shaw Lefevre’s the D a ily N ew s, A pril 22nd, 1889.—The comment of the Freetnan.— First-class misde­ m eanants.—W h at Mr. Balfour’s letter of instruction should have been.—T he A ber­ dare R eport.— T he Com m ittee and the recent changes in prison discipline.—Mr.
O ’Brien’s letter to the A berdare Committee.— Classification the only solution of the present difficulty.— Forgers, anti-vaccinators, etc.—Mr.

Balfour’s opportunity.— Conclusion.—Appendix.

letter to P a r t I I .

—T H E IN C ID E N T S O F T H E P A S T T H R E E Y EA RS Pages 49-71.
T he Crim es A ct prisoners.—W ho they are.—T he nature of their crimes.— Mr. Balfour’s policy an d its object.— Mr. B lunt’s letter to the Tim es, M arch 24th, 1888.— Mr. O 'B rien and M r. Balfour.— Comm encem ent of the struggle.—Mr.

O ’Brien in Tullam ore.— Mr. M andeville in ja il.— F irst appearance of Dr. Barr.— The inquest on Joh n M andeville.
'—T he widow’s evidence.— Mr. O ’Brien’s evidence at the inquest.— T he governor’s evidence.— D r. Barr’s evidence.— The effect of Dr. B arr’s visits to T u l­ lam ore.— D r. B arr’s views on M r. M andeville’s treatm ent.—The verdict of the jury.— D r. R idley’s suicide.—T he Ridley inquest.—Mr.

O ’B rien’s statem ent.—T he Castle and the clothes question.— M r. L a n e ’s letter to the Freeman, August, 1888.— A lder­ man H ooper’s letter to the Freeman.— H ow the jury at the Ridley inquest was packed.
The verdict of the jury.—T he D a ily Telegraph on Mr. Balfour’s policy.—Mr.

Balfour’s sense of hum our.— Speeches at Glasgow and M anchester.—The fatal effects of Mr. Balfour's policy.— Mr* Sheehy in jail.—A leaf from his prison papers.—Mr.

John Roche in jail.—T he last struggle in Clonmel.—M r. O'Brien describes the struggle.— Discourtesy of the doctor.— Mr. O'Brien left naked.—T he plank bed, etc.—Mr.

OlBrien asserts the principle of classification.— Mr. O ’Brien's victory.
—The sworn inquiry into Mr. O ’B rien’s treatm ent.—The orgie in the Antient Concert Room s.—A final effort.— M r. Carew in jail.— M r. Carew ’s trium ph.— Mr. Balfour’s personal re­ sponsibility.— H is inconsistency.—T he present state of the question.—The Belfast Insurance F raud prisoners.—F ath er Stephens and F ather K elly.—The recent modifi­ cation in prison discipline.—T he A terd are Ccmmittee.—T he report.—Mr.

O ’E iitn ’s letter to the Committee, etc., etc.

P a r t I I I .

—M R .


B A L F O U R 'S D E F E N C E IN P A R L IA M E N T .

Patres 72-86.

Balfour’s Defence in Parliam ent.—H e promises A ppeal.—Balfour on Law of Conspiracy.—Balfour, 17th May, 1S87.—Prison V ote.—Speech on Appropriation CONTENTS.

y Bill, 1887.— H is position in 1888.—Speech, 18th D ec., 1888.—Relaxation to Priests.
—T h e National P rotest.—Speech, 25th February, 1889.— Some im portant conces­ sions.— Speech, Mr. O ’Connor’s Bill, 13th March, 1889.— Promises Inquiry.—A tti­ tude of Mr. Chamberlain on B ill.—Conclusion.

P a r t IV .—T H E IN T E R N A T IO N A L P R O T E S T .

Pages 87-144.
Pages 87-144.

W eighty communications from the U nited S tates.—'“ Analysis of the Com m uni­ cations.”— The Verdict from Canada.— Analysis.—Opinions from F ran ce.— List of Letters.— I.etters from Paul de Cassagnac, Count de Mun, &c.— Sir Charles Gavan Duffy on the question.— L etter from Dr. Bagshawe, the Earl of Cavan, Jacob Bright, Professor Bryce, and Samuel Storey.— Irish feeling.— Declaration by the Corporations of Ireland in favour of classification.

T H E F E E L IN G IN IR E L A N D .


Pages 141 144.

A ction of Corporations of D ublin, Cork, K ilkenny, Sligo, D rogheda, Limerick W aterford, and Clonmel.— Conclusion.

P R E F A C E .

T h e le tte rs w hich lately appeared in th e Freeman's Journal from various countries, upon th e subject of th e T reatm en t of P olitical I t seemed to P riso n ers in Ire la n d , attra c te d considerable atten tio n .
m e a p ity th a t a protest, so represen tative in its character, should I , therefore, resolved rem ain buried in the files of a new spaper.

to re p rin t th e w hole correspondence in pam phlet form .
B u t it was su g g ested to m e—an d th e suggestion seemed to m e to be a w'ise one— th a t th e fu ll im portance of th e e x tra o rd in a ry com m unications, w ith w hich I was honoured, w ould not be appreciated unless there was placed side by side w ith those com m unications, a p lain sta te­ m en t of th e facts, connected w ith th e system , th a t h ad m et w ith such u niversal condem nation.
M r. B a lfo u r’s defence of th a t sys­ tem in P a rlia m e n t'a n d elsew here has been extrem ely weak.

B u t th e absolute fu tility of his defence of th e position he has assumed in re g a rd to political prisoners in Ire la n d since th e Coercion B ill became law , becomes fu lly ap p aren t only w hen th a t position is considered in th e lig h t afforded to us by E n g lish law and pre­ cedent, no less th a n by th e custom of foreign nations.
The I have m yself pam phlet, therefore, is divided into four p arts.

dealt witja th e historical and constitutional aspect of th e m atter* T he chapter headed “ T he Q uestion C onstitutionally C onsidered” is p ractically n o th in g m ore th a n a m ere com pilation of m aterials first published in a rem arkable series of articles from the facile pen of Div Sigerson, w hich ran th ro u g h th e colum ns of th e Freeman's Journal d u rin g th e earlier m onths of th is year.
N early all m y quotations and references, and ce rtain ly a very large proportion of th e arg um ents used in P a r t I ., are borrow ed, if I m ay so speak, from Dr. Sigerson, who, as is well know n, was a m em ber of th e late Po}Tal Commission on P risons.

D r. Sigerson, I believe, proposes to issue his articles in gloho.

T hey w ill be published by Messrs.

PREFACE.

VU K eegan P aul, Trench, & Co., London.


I would earnestly recom ­ m end his book, no less on account of its lite ra ry m erit th a n because it will contain m uch valuable inform ation w hich space neccessarilv prevents me from tran sferin g to these pages.

I am indebted to M r. M .

M ‘D onald B odkin, B .L ., of United Ireland, for th e lucid and able contribution on “ T he In cid en ts of th e L ast T hree Y ears,” w hich form s P a r t I I .

of th is pam phlet.
of th is pam phlet.

M r. B odkin’s clear n arrativ e of the events, w hich have given rise to th e agitatio n against th e present prison system , w ill be read w ith in terest by all those who are acquainted w ith th e m anner, in w hich he discharges his im p o rtan t lite ra ry labours in con­ nection w ith the P ress.
M r. T. M. H ealy, M .P., whose kindness in these m atters is p ro ­ verbial, k in d ly consented, a t the cost of m uch tim e and trouble, to collect and arran g e to g eth er M r. B alfour’s various speeches d u rin g th e course of th e different debates in P a rlia m e n t on th e subject of th e treatm en t of political prisoners in Ire la n d .
P a r t IV ., perhaps th e m ost im p o rta n t portion of th e pam phlet, consists principally of a re p rin t of all th e le tte rs published in th e Freeman s Journal u n d er th e title of “ T he In te rn a tio n a l P ro te st.1’ Some of these le tte rs w ere addressed to me personally ; oth ers to friends, who k in d ly aided m e in th e ir collection ; others, again, w ere directed to th e E d ito r of th e F reem ans Journal.
A large portion of th e la tte r, w hich w ere p rin cip ally from th e U n ite d States, were addressed sim ultaneously to th e Freeman’s Journal and to th e Boston Pilot.

I leave th e letters, as a whole, to speak lo r themselves.

One word more.

T here is no m an in all history, who better exemplifies th e success, w hich in n ate ab ility w ill alw ays com m and, th a n th e em inent Irish -A u stra lia n statesm an, who has favoured me w ith a sho rt introduction to th is pam phlet.
H e passed from a con­ v ict’s cell to th e prem iership of, w hat some w ould call, th e g reatest of G reat B rita in ’s colonies.

S ir C harles G avan D uffy is one of Ire lan d ’s noblest and m ost illustrious sons.

T he hero of heroic tim es, he has traditions entw ined around his nam e, w hich no p atrio t of m odern tim es can claim .'
I n fa r A ustralia, as in Irelan d ,h is nam e is honoured as th a t of a m an pre-em inen t in ability, energy, and I t is encouraging to have in th e present crisis, the patriotism .

Till PREFACE, w arm support of th e last survivor of O ’C onnell’s com panions in R ichm o nd B ridew ell.
TV h ile S ir C harles G avan D uffy m ay be said to lin k th e old days in Ire la n d w ith th e new, we m u st n o t fo rg e t th a t he typifies [also th e sym p athy of A u stralia fo r “ a people rig h tly stru g g lin g to^be free.

Ire la n d is a g ra te fu l country.

She w ill n o t fo rg e t th e in ­ calculable services done in h e r cause by th e crim inal of ’44 a n d ’48.. P embroke H ouse, U pper M ount Street, D ublin.

A u g u st 3rd, 1889.

E .

D .

Gr.


IN T R O D U C T IO N « t l i 1 s v o l m r ie, u n d er tlie title of T h e correspondence collected 111 an In tern atio n al P ro test, form s, it seems to me, one of th e most curious and significant S tate papers of recent times.

E m in e n t m en in a respousible position, are slow to pronounce ju d g m e n t on the policy of a foreign S tate, or th e conduct of a foreign statesm an.
I t is only an exceptional and ex asp eratin g case, indeed, w hich elicits or justifies such interference.

I3ut the trea tm en t of political opponents in Ire la n d , by th e G overnm ent of L o rd Salisbury, has moved th e fra n k in d ig n atio n of such an a rra y of conspicuous men, as probably never before pronounced on a contém porary transaction in ano th er country.
T he Secretary of S tate for F oreig n A ffairs is in a b e tte r position th a n any one to estim ate w hat has befallen him , w hen m inisters and ex-m inisters, leaders of G overnm ent and Opposition, senators and m em bers of th e Civil Service, in foreign and indepen­ d en t legislatures, and executives, b reak th ro u g h all re stra in t of etiquette and diplom acy, an d te ll him th a t be has acted sham e­ fully, and has n eith er th e exam ple of civilized nations, nor the suprem e necessity ^vhich overrides all law, to ju stify w bat he has done.
H e has outraged th e feelings of E u ro p e and A m erica, and called fo rth th e protest, n o t only of foreigners, b u t of m en of his own race and blood, who te ll him th a t h e has m ade them , for the first tim e, blush for th e ir country.
“ I f E n g lishm en,” says a Senator of th e U nited States, “ do not feel degraded by such outrages, th e people of A m erica will be ashamed of th e ir ancestors.” “ I feel th e disgrace,” says another Senator, “ as th o u g h I were an E nglishm an, and resent it as th o u g h I were an Irish m an .” “ I t belongs,” says an ex-A ttorney-G eneral, sp eak in g of th is policy, “ to another and m uch d ark er age th a n this, and no fair means X INTRODUCTION.
should be spared to frow n it out of existence.” “ I t is inhum an, it is uncivilized, it'is u n c h ris tia n ,” says th e G overnor of N eb rask a; “ I t is as m uch arelic of barbarism , as the lash and th e stake,” says the G overnor of W ashington.

A ' dozen leaders of opinion in the S tates echo these sentim ents.
T hey are w ell en titled to be heard on th e subject, these lead in g m en of a nation, who did not doom one political prisoner to d eath fo r an insurrection of unexam pled v ig o u r and endurance.

L o rd Salisbury, indeed, has caused th e death of m ore political opponents, by ju s tify in g th e order of one of his subordinates, “ n o t to hesitate to sh o o t/’ th a n fell in th e U nited S tates since th e R epublic was created, except in actual w ar.
T h e D om inion of Canada, u n d er the B ritish flag, is not less ready to lift up its voice, th a n th e co nfederated Com m onw ealths of the g re a t R epublic.

A n ex -M in ister tells him th a t h is m ethod of tre a tin g men •n-s o in only fam iliar l i e has testim ony.
roused n o t individual position and n early a score of w itnesses of Consular th e ir silent retirem en t. to w ho serve w ith him in the P a rlia m e n t of th e U n ite d K ingdom y “ pains and affronts th e sensibilities of civilized m en th ro u g h o u t th e w orld ra n k , th e same g reat S tate, bear or h ig h like th e orator and adm in istrato r, accustom ed to th e public arena, b u t the novelist T he gentle Q uaker an d th e poet in th e w hole E n g lish - poet, whose w ritin g s are speaking race th ro u g h o u t the w orld, tells him th a t his policy has been “ inexcusably h arsh and b ru ta l.” H ow ells, th e least sensa­ tional of all em inent w riters of fiction, joins th e cloud of witnesses.
“ To abhor such atrocities,” he declares, “ seems to me as simple, as n atu ral, and as norm al as to b reath e.” T h eir confrère, Dana, th a n k s God th a t n o th in g in our d ay can be com pared w ith such policy ; and th an k s God again, th a t in the operation of H is providence, it cannot long- be continued.
Ecclesiastics of v ari­ ous nations, an d all ran k s and all Churches, am ong whom W es­ leyan m inisters and th e pastors of H ig h la n d congregations are notable, are h eard on the same side.
T he W esleyan m inister of O ntario, Canada, tells us th a t a w idely-extended acquaintance w ith th e opinions and feelings of th e people, convinces him th a t this inhum an system “ is doing every day more to m ultiply th e friends of H om e R ule th a n any other one th in g since the ag itatio n began.” INTBODUCTIOÏf.
x i H r. B alfour, a Scoto-C anadian m em ber, w arns his nam esake in W estm in ster th a t— “ N o G overnm ent could exist in Canada for a day th a t would attem p t to tre a t political prisoners— especially representatives of th e people— as common felons.
W ere a tith e of th e oppression attem pted h ere th a t is carried out in Ire la n d , n o th in g could p re­ v en t our people risin g en masse, and by open rebellion resenting th e indignities, and m etin g out proper punishm ent to th e ir op­ pressors, in w hatever office or situation in life th e y w ere found.” W h e n m en of character and position, who have no personal it is not rash to in terest a t stake, speak w ith such em phasis, assume, th a t th e re is a grave scandal to be repressed.
W e do n o t speak of Irish m en , th o u g h in every place in the w orld w here th e y have w on success, th e y arise to denounce this system ; b u t we are H o ttentots, and do n o t count.

I t is not w ithout a certain satisfaction th a t we find th e au th o r of th a t gracious e p i­ th et, slapped in th e face by th e rude h an d of P a u l de Cassagnac, who finds th e trea tm en t applied to Iris h political prisoners absolu­ ment ignoble.
T his consensus of E uropean and A m erican opinion w ill, perhaps, teach th e P rim e M inister th a t he cannot m ake a Siberia in Ire la n d w ith im punity.

T he foreign policy of L ord S alisbury has been represented as a substantial stren g th en in g of th e E m pire, b u t a dom estic policy w hich provokes th is out-spoken contem pt from foreign statesm en and publicists, w ill scarcely contribute to th a t end.
W h a tev e r it strengthens, it w ill not be th e adm inistrators who are responsible fo r it.

A Conservative governm ent was trodden down, because of its secret or avowed approval of th e B u lg arian atrocities, and w hen th e E n g lish people come to understand th e I ris h atrocities, th e y will, it m ay be hoped, punish th e aggressors in th e same decisive fashion.
These foreign witnesses are not deluded by th e im pudent p re ­ tence, th a t th e prisoners in Ire lan d are not political prisoners.

labouring t3 abate public reform ers, T hey recognize them as grievances; as p atrio ts aim ing to lift up th e ir country from depres­ sion and ru in ; as opponents of g reat w rongs needing to be faccd by determ ined m en ; and th is is th e type of the political prisonei from Sir Jo h n E lio t down to B eran g er and O’Connell.
T h e practice of m odern nations has been so exhaustively treated X U INTRODUCTION.

b y D r. Sigerson, th a t I refra in from allu d in g to it.

H e has dem o nstrated th a t th e re is n o th in g to be found am ong civilized m an k in d , resem bling th e system w h ich L ord Salisbury authorizes an d vindicates in Ire lan d .
F o re ig n e rs have c a u g h t sufficiently, it w ould seem, th e general scope of political prison discipline in Ire la n d ; b u t it w ould co n tri­ b u te to a m ore exact an d com plete know ledge of th e case, if a table w ere p rep ared specifying th e precise offences charged against p riso n e rs, and th e corresponding punishm ents inflicted.
T hey scarcely know , I fancy, th a t supplying food to a sta iv in g fam ily engaged m resistin g ejectm en t from land held by th e ir predeces­ sors, before th e first L o rd S alisbury lied and faw ned fo r th e favour of Q ueen E lizab eth , is a crim e punishable like larceny ; or th a t h u rra h in g fo r a p opular m an or a popular policy, a t tim es n o t approved of b y th e police, carries as g rav e a p en alty as rio tin g or pickpocketing.
I I have spoken o nly of one ch ap ter in th is book, because happen to have h ad no o p p o rtu n ity of exam ining th e o th e rs; b u t th e en e rg y an d capacity, w hich collected a m u ltitu d e of skilled w itnesses w ith such com m endable prom ptitude, give assurance th a t no p a r t of th e case w ill be inad eq u ately handled.

C. G A V A N D U F F Y .

Shelbourne H otel, D u b l in , A u gust 2nd1, i 889.

COERECTION.
COERECTION.

I age 40, p a r 4, lines 1 & 2 should read— 11 The Committee does not ex plain w hy all these disastrous results will not take place in th e Irish prisons,” ÿ a t t ï .

THE QUESTION CONSTITUTIONALLY CONSIDERED.


T h e whole controversy regarding the treatm ent ' to which Irish politi- Two questions, cal prisoners have been subjected by the Government during the last three atlssue* years, may be said to consist of a difference of opinion as to w hat answer should be given to two very simple questions : Are the Irish Crimes Act prisoners political prisoners, or are they not?

I f so, should they be subjected to a distinct method of treatment, or should they not ?
An adequate consideration of either question cannot be made without some trouble.

I shall endeavour to demonstrate th at English law and precedent, and the practice of foreign nations, and the indications afforded us by international custom, recognize political offences, by directly sanctioning a distinction between them and criminal violations of the ordinary law.

The matter to be first discussed is whether political offenders should be treated as common criminals or not ?
The answer to this question is, most emphatically, no !

"We must scan shortly the pages of history.

The constitution of the country is based upon the good will, and framed Opinions of ml- for the benefit of the community as a whole.

All reforms have been the comecpâioS result of the expression of opinion of what, must, at one time, have been a of majority minority of the community.

This is a self-evident fact.


"When this minority, or portion of the community, declares th at a grievance exists, which it cannot otherwise than by forcible effort get rid of, “ it must, (Geo.

ostensibly, at least, be aiming for the benefit of the community.” Sigerson, M .D ., Freeman's Journal, -25th Feb., 1889).

I t th u s often happens th a t th e efforts of th e m inority are successful, and th e reform suggested, in being adopted by th e m ajority, becomes a corner-stone of th e constitution.
To treat, then, as crim inal, efforts, directed against th e established constitution, or organized w ith th e intention of bringing about a reform in any question affecting th e com m unity a t large, is to stamp as criminal, views, w hich in a sh o rt tim e m ay come to be entertained b y th e whole community, and consequently becomes m erged in th e law of th e land.

Offences against public order.


H ow adm irably these argum ents adapt them selves to the case of Irish M em bers of P arliam ent and Crimes A ct prisoners, can be seen a t a glance.
“ Offences ag ain st public o rd e r (ex cep t certain offences) being liable to th e fluctuations of th e pu b lic ju d g m e n t —w hich is th e final co u rt of appeal—Btand in a different category from those o rd in a ry crim es ag ain st persons an d p ro p erty w hich all th e civilized w orld regards w ith th e sam e eyes, because th e ir predom inance w ould m ean th e d isin teg ratio n of th e com m unity an d th e d estru ctio n of all social I t is on th is ground, an d n o t on th e personal m otive, th a t th e distinction m ust life.
0 em ade, for th e m otive of a thief or a b u rg la r m ig h t be m erely to procure food for h is h u n g ry frien d or fam ily, w hereas a p o litician m ig h t even p ro fit by his conduct w ith o u t a lte rin g th e eth ical aspect of th e m ain question.” —D r. Sigerson, Freeman's Journal, 25th Feb., 1889.

U njust to treat misguided pa­ triots as crimi­ nals.
I t is perhaps unnecessary to point out how m orally u n ju st it is to condemn to a common degradation the m isguided patriot, if you w ill, and I n the case of members of Parliam ent, and m en th e common crim inal.

accustomed to lite ra ry or intellectual pursuits, th e injustice done can h ard ly be m easured.
I n th is connection I can scarcely do b etter th an again quote D r. Sigerson : “ A t exercise a n d a t ch ap el he (th e com m on crim inal) is in th e m id st of hia eq u als—som etim es even of his superiors in crim e—for w hom he m ay have a p e r­ verse resp ect ; in association he is in his elem ent, an d enjoys th e ir com panionship, so fa r as he m ay, and profits b y th e ir sym p ath y. P lu n g e into th e sam e category a n educated, high -p rincip led m an, g u ilty of a political offence, and everything changes fo r th e w orse.
I t is no longer a question of sim ple d eten tio n , b u t of im ­ priso n m en t, w ith m oral, in tellectu al, an d p hysical suffering superadded.

H e is com pelled to recognise in feriors as task -m asters, to perform h a rd labour, to w hich he is n e ith e r accustom ed n o r adapted, instead of th e w ork fam iliar to him , ■on fare w h ich seems coarse an d disagreeable.
W o rs t of all, w hilst he suffers from th e loss of in tellectu a l com m union an d m en tal exercise, by th e insufficiency of books, th e absence of frien d s, th e im possibility of w ritin g , he is forced in to association w ith m en w hose presence is a n offence, an d w hose language is too often an o u t­ rage.

N o r is th is view exceptional.


L o rd J u stic e Bram w ell, in his evidence before th e Comm ission ap p o in ted to in qu ire in to th e w orking of th e P enal Servi­ tu d e A cts, 1879, s ta te d certain m isgivings as to th e unequal w orking ot these ‘ T h ere w ould b e a te rrib le p u n ish m en t,’ he said, ‘ to an y gentlem an or A cts.
person of w h a t I m ay call th e b e tte r orders, in th e very association w ith th e people lie w ould associate w ith , w hen his nine m onths of separate confinem ent w ere over and he w ent to th e w orks ; b u t th a t does n o t affect th e crim inal class ; th e y asso­ ciate w ith th e ir ow n equals, an d m en w hose good opinion th e y are desirous ot gaining b y a rep e titio n of th e offences w hich have sen t them there ; th e y are ted, -perhaps, n o t q u ite so w ell as th e y w ere o u t of prison ; they a re com fortably lodged ; th e y a re taken care of ; th e y have some w ork to do, I believe n o t \ ery h a rd ; if th e y g o t th e ir living h o nestly o u t of th e prison th e y w ould have to w ork h a rd e r p ro b ab ly .
W h a t is th e objection to it ?

’ ” I n the case of political offenders of a low er social grade, the objections to equality of treatm ent have not, of course, th e same force.^ Nevertheless, it w ould be m anifestly u n ju st to set up a class distinction in th is m atter.

A n offence against an enactm ent such as th e Coercion A ct is onLy ‘m offence against a special public regulation.
I t implies no m oral degrada­ tion, and involves no loss of self-respect on th e p a rt of the offender.^ ±lis offence is of quite a different character to those committed by the crim m a I t m ay be safely said th a t any honest man, no m attei how poor, classes.

Lord Justice Bramwell.

Political offen­ ders of low social grade.

3 convicted of an offence w h ic h is n o t m o rally lo w erin g , m u st re s e n t asso­ ciation w ith prisoners w hom h e re g a rd s as m o rally c o rru p ted .
I t is a dang erous th in g fo r th e S ta te to su b je ct such a m an to N ew g ate influence.

T h e ° ord in ary crim inal, on th e o th e r h and, w ill feel h ig h ly h o n o u ic d \ co n tact w ith a m an w ho, even if m ista k e n in h is p rin cip les is clear in h is ow n conscience.
B y enfo rcin g com m on association th e ie fo re , an m - iu stic e is done on th e one h a n d , a n d a n u n m e rite d p riv ileg e g ra n te d upon I n o th er w ords, th e m an who_ h as com m itted a crim e ag ain st th e o th er.

th e m oral as w ell as th e m u n ic ip al la w is benefited b y th e tran sactio n w h ereas th e p o litical oflender, w ho h a s only sinned a g ain st th e m u n icip al law , is d irec tly in ju re d b y th e p ractice.
T h e Com mission p resid ed o v e r b y th e E a rl of D evon, w h ic h s a t i n ThePcvon I t a ctu a lly w e n t outside th e term fom with oimi- 1870 to consider th e tre a tm e n t of th e T reason F elons of 1865, concluded si°>‘ its re p o rt in a rem ark ab le m an n er.
of its le tte r of in stru ctio n , to p ro te s t ag ain st th e association of p o litica l p rison ers w ith o rd in ary crim inals, w h ic h h ad, co n tra ry to th e in te n tio n of P a rlia m e n t, been enforced upon some of th e aforem entioned prisoners : “ A fu rth er question was forced on onr attention in the course of ou inquiries,” says the Commissioners, “ though it does not.fall stiictly w it the letter of our instructions.
victed of a crime so exceptional in its nature, th a t it has been thought i i B to modify prison discipline in th eir case, to a certain extent, m ight no , w ith advantage, be more completely separated from the general body of convicts............... W e are led to the conclusion th a t the difficulties atten ­ dant upon the location and treatm ent of political offenders may, perhaps, be most readily and effectually overcome by setting apart, from tim e to time, a detached portion of some convict prison for prisoners of this dass and we recommend this subject to th e consideration of her M ajesty s I t is the question, w hether prisoners, con­ .
G overnm ent.” T h e R e p o rt of th e D evon Com m ission w as confirm ed b y th e R e p o rt of " v i e ^ Evidence th e K im b erley R o y a l Com m ission of 1878-79, w in ch w as appointed to in - si q u S n t o ^ w o r k i n g of th e P e n a l S erv itu d e A ct. S ir R ich a rd A sheton of Capta.n D u- Cross (now L ord Cross) w as, a t th e tim e, H om o S ecretary .
E vidence w as ta k e n , am ongst o th er m atters, as to th e a d v isab ility of se p a ia tm 0 e n t y A few e x tra c ts from th e p o litica l offenders from common crim inals evidence given before th e Commission b y C aptain D ucane, C h airm an ot th e th e n B oard of D irecto rs of C onvict Prisons, b e ars so closely u p o n tb e p re se n t controversy as to be w o rth rep ro d u ctio n : C h a irm a n — “ 287— W o u ld n o t th e feeling of s y m p a th y , w hioh e x is t on th e p a r t of c e rta in p erso n s an d classes, w ith p riso n ers co n v icted of tre a so n evidence felon y seriously in te rfe re w ith th e c a rry in g in to effect of th e ir p u n is h m e n t m ti >.3 sam e m a n n e r as in th e case of o rd in a ry p e n a l s e rv itu d e p riso n e rs ?
I th in k so.

A n d again :— « 292.— D oes n o t th e difference of th e feeling, w h ich exm ts g e n e ra lly to w a rd s m en co n v icted of conspiracy a g a in st th e G o v ern m en t, fro m th e fe e h rg w h 'c h exists w ith reg ard to m en w ho h a v e c o m m itted a n o re q u ire som e difference to b e m ade b etw ee n th e m ?

1 sh o u ld th in k so.

alm ost^necessari .


i m e r d r y i n a c r 4 Again :— “ 293.— W h a t w ould be clearly conducive to th e end of all punishm ent, n am ely —th e p rev en tio n of crim e, and, co llaterally w ith it, th e reform ation of th e offender in th e case of an o rd in ary crim inal, m ig h t not have a t all th e sam e effect w ith re g a rd to th e p a rtic u la r class of offenders to w hich w e are allu d in g ?

I t m ig h t not.
P u ttin g m en like those w hose crim e is n o t considered so v e ry disgrace­ fu l u n d e r th e sam e p u n ish m e n t as m en w hose crim es a re considered disgraceful, is liable ra th e r to raise th e ch a ra c te r of th e o th e r crim es, an d to ren d er less dis­ g racefu l th e p u n ish m e n t.” 294—A p e n a l serv itu d e ” (or an im prisonm ent) “ sentence in th e o rd in ary sense o u g h t to be considered b o th a very severe sentence, an d also a g re a t dis­ g race ?
I th in k so.” 4‘295.

A n d i t is n o t d esirable th a t th e re should be an y persons, in th e m ­ selves n o t m en of b a d ch aracter, w ho should h av e a sy m p ath y w ith persons e o sentenced ?

I q u ite agree w ith t h a t .

” “ 296.

B u t th e re is a lia b ility of th a t occurring in th e case of p riso n ers w ho m ay be called p o litic a l offenders ?
I th in k so .” T he R oyal Commission having th u s, as D r. Sigerson rem arks, elicited __“ T h a t the confounding of political offenders w ith common crim inals is in ju rio u s to discipline w ith in th e jail, w h ilst w ith o u t it tends to destroy th e deterren t effect of crim inal sentences, reported in favour of complete separation of th e tw o classes.” “ Looking to th e inconveniences,” says th e R eport, u w hich have arisen in practice from th e association of such prisoners w ith other convicts, we concur in th is recom m endation” (i.e., th e Devon Commission).
L ieutenant-C olonel Sir G .

F .

D ucane, Chairm an of th e Board of D irec­ tors, of C onvict Prisons, w ent even fu rth er, and declared— “ I should prefer having th e m ” (political offenders) “ in an entirely separate prison ; if there w ere any m en o. th a t class, I should not p u t them into an ordinary convict prison a t a ll.” mends sépara- tion- Lord Mayo on association.
I n 1868, Lord Mayo, th e n C h ief S ecretary for Ire la n d , referring to th e 11 P re ss P risoners” of th a t date (R ich a rd P ig o tt and A. M .

Sullivan), th u s expressed him self in th e H ouse of Commons in regard to association : “ W ith regard to association,’’ said Lord M ayo, e‘ I cannot conceive anything which would be more repugnant to the feelings of these prisoners th an th a t they jjhouldbe obliged to associate w ith th e other prisoners in the ja il.” tionainprotest.
N um erous o th er opinions of equal w eight and au th o rity m ig h t be quoted in denunciation of enforced association.

T he terrific ind ictm en t of the sys­ tem , as carried out by th e p resen t G overnm ent, p u b lish ed in the pages of this pam phlet, show th e d rift of m odern th o u g h t all over the civilized w orld on th e subject.

T he classification of prisoners according to the n atu re of th e ir offences Precedents a t WOuld, therefo re, seem to be justified on merely^general grounds.
.Nothing home, and usefiü in inves-’ tends to throw m ore lig h t upon th e m atters a t issue, th a n an exam ination in to constitutional precedent a t home, and th e practice of foreign nations, tigation.

in regard to the q u estion of the tre a tm e n t of political prisoners.

In doing 5 iis we learn w hat kin d of treatm ent we have a right^ to expect on b eh alf f th a t class of prisoners know n to -d ay as th e Irish Crim es A ct p n - oners.
I n 1809 a gentlem an nam ed W illiam Cobbet w as im prisoned for case of wmiajB o’ffender.

n article w ritten in a new spaper know n as the Register.

The article ^as m anifestly treasonable.

H e w as charged, however, on a m inor m dict- îent, convicted, and sentenced to tw o years' imprisonment., and to pay a ne of £ 1 ,0 0 0 .

W h at was h is treatm ent in N ew gate jail ?
a i r H en ry iytton Bulw er, condem ning th e sentence as excessive, notes th a t no m - ulgences were granted, and th en proceeds as follows : “ In no portion of his life, indeed, did he show greater courage,” writes S ir [enry, “ in none did the better side of his character come out in brighter relief, th an hen, w ithin the gloomy and stifling walls of Newgate, he carried on his farm ing, con- ucted his paper, educated his children, and waged war (his most n atu ra l and lavour- ;e pursuit) against his enemies w ith as gay a, courage as could have been expected from ini in sight of the yellow corn-fields and breathing the pure air he loved so well.
— 'roin H istorical Characters, vol.

I I ., 1868.

Now, le t W illiam Cobbet speak him self.

H is description of his prison Cobbet de- reatm en t reads like a rom ance in these days of cast-iron uniform ity of Liscipline.

I had a farm in hand ; “ Book-learning,’” says Cobbet, “ was forced upon us.

it I gave all the ras necessary th a t I should be constantly inform ed of w hat was doing.
rders, w hether as to purchases, sales, ploughing, sowing, breeding in short, w ith egard to everything, and th e things were in endless num ber and variety, and always ull of interest.

M y eldest son and daughter could now w rite well and fast, and 1 had pith me—having hired the best p a rt of the keeper’s [i.e., the jail governor s) house— ine or two besides, either th eir brother or sister.
W e had a ham per w ith a lock and wo keys, w hich came up once a week, or oftener, bringing me fru it and all sorts or I t o u n try fare.

irought me herbs and the like.

Almost everyone sent me his or her most beautiful lowers, the earliest violets and primroses, and cowslips, and bluebells, the earliest wigs of trees, and everything they thought calculated to delight me.

I haci all the children with me.

I had all the children with me,” he adds, « tu rn and tu rn about.
Che paying of the workpeople, the keeping of the accounts, th e referring to books - t h i s everlasting mixture of amusement w ith book-learning—made me, almost to my )wn surprise, find a t th e end of two years th a t I had a parcel of scholars growing up ibout me, and long before th e end of th e time I had dictated my Register to my two eldest children.” The ham per was looked for with the m ost lively interest.

L eigh H u n t was condemned shortly afterw ards for an article of a sim ilar nature.
W e read— u I turned one of the cells along th e em pty corridor into a noble room.

I papered the walls w ith a trellis of roses ; I had th e ceiling coloured w ith clouds and sk y ; th e barred windows I screened w ith V enetian-blinds ; and w hen m y bookcases were set up, w ith th eir busts and flowers, and a pianoforte made its appearance, perhaps there was not a handsom er room on th a t side of th e w ater.
I took a pleasure, w hen a stranger knocked at th e door, to see him come in and stare about him .

T he surprise, on issuing from th e Borough and passing through th e avenues of a jail, was dram atic.

Charles Lamb declared there was no other such room except in a fairy tale.” 6 I t is unnecessary to quote further.

The fate of a political prisoner was not, it is clear, in those days a very severe one.

Tithe W ar of lto‘28 similar to "Land War of to-day.
T he position of affairs in Irela n d during th e T ith e w ar of 1828-9 and follow ing years, affords an exact parallel to th e kcondition of things w hich is said to ex ist in Ire la n d to-day.
T he people organized, held m eetings, dem anded reductions in th e tith es, or refused altogether to pay them ; auctions w ere impeded in hundreds ; notices served upon tith e collectors, calling upon them to desist ; m inisters of th e C hurch w ere w arned, and if th e y persisted in p u rsu in g w h at th e people held to be an u n ju st course, th e ir servants and labourers w ere ordered to leave th e ir em ploym ent ; violent affrays took place w ith th e public, often w ith fatal results, notably a t Carrickshock.
Boycotting iu 1838.

T he follow ing resolutions w ere passed at a mass m eeting held in th e County Cork, early in June, 1838, to protest against th e d istrain t of certain cows by th e K ev.

D ean Freem an, E ector of llathcorm ac.


“ I t is requested th a t no auctioneer w ill lend himself to the sale of cows distrained fo r tith es.” “ I t is requested th a t no person will purchase cows distrained for tithes.” iiI t is resolved th a t the citizens will have no intercourse w ith any person who aids in th e sale of cows, distrained for tithes, an auctioneer or purchaser.”—Barry O’Brien, “ F ifty years of Concession to Irelan d ,” vol.

I., page 397.
I., page 397.

T h a t word, “ resolve,” is p reg nant w ith significance.

The resolu­ tions, M r. O’Brien states, had th e desired effect.

N either auctioneers nor purchasers could be found to aid in th e sale of cows distrained for tith e .

T he struggle was one betw een Catholic and P rotestant.

The policy of exclusive dealing was reduced to an art.

The other side retaliated, and in so doing th ey w ere advised mirabile dictu by th e Dublin Evening 2fail / (O ’Brien, vol.

I., 399).
I., 399).

S ubstitute landlord for P ro testan t m inister, and change tith e-p ay er into tenan t, and th e position is not unlike th a t of to­ I n th e one case th e peasant paid tith e to a m inister in whose day.

religion he did n ot believe, and whose church he never entered.

In the other, he pays rent-charges to a landlord who lives in London, and whose foot is never planted on Irish soil.

The tith e system and the land sys­ tem h'jve both been system s of ascendency.
A s one fell so w ill the- other.

I n 1832 an an ti-tith e m eeting was held on the Three E ock M ountain.

Case Of Marcus Costello, tithe H r. M arcus Costello, one of th e sm aller leaders of the movement th en Ticted°of unlaw- ag itatin g the countrv, w as indicted for attending w h at the ju ry found to be an unjcwf u i assembly.

The jud ge condemned him to eighteen m onths fui asxembiy.

im prisonm ent.
im prisonm ent.

The offence, as D r. Sigerson observes, was in csciy sen.^e analogous to those of recent occurrences.

H is “ crim e’} was certainly not one b it more 11 political,” y e t his treatm en t in ja il was in every l in­ spect identical w ith th a t w hich Cobbett and Leigh H u n t had experienced.

Ireland , as I have shown, was violently agitated a t the time.

The dis­ turbance was essentially sim ilar to th a t w hich prevails to-day.
Even > I Twvcotting, w hich has been supposed by somo to be an invention of com- naratively m odem date, w as rife th rougho ut th e co untry.
Y e t Î 1. f f e l l o convicted of an offence com m itted under practically th e same conditions, and p artaking of a n atu re exactly sim ilar to those w ith w hich Irish Crimes A ct prisoners have been charged, and u n d er w hich th ey lave been convicted and sentenced to prison cells, w here th e y are sub­ jected to all th e w orst forms of prison degradation, was trea te d as a poll- tical offender.

Precedent is said to form th e backbone of th e British.
Caj, therefore, as a guide, th e incidents ot th e era a precedent.

Tf we take precedent, tithe w ar supply us w ith an answer to _ th e tw o questions at issue Are th e Iris h Crimes A ct prisoners political prisoners ?

I f so should tiev be treated to a distinctive m ethod of treatm ent, or should th ey not'?

th e system practised to 1828-40, th e answ er to both these questions m ust be found in an affirmative.
B ead in th e lig h t afforded to us by I t m ust no t be supposed th a t th e law , even at th a t date, directly T h a t th e law has never calcii.ues.. recognised th e existence of political crime; done except indirectly.

The im portance of these extracts lies in tho fact th a t th ey show th a t it was th e constitutional custom to supply in Ï a c tic e w h a t w as defective in th e law .
M r. B alfour’s attitu d e on th e question seems to show th a t in th e silence of th e law, th ere la te n t lay an element of danger, and th a t i t w ould have been w ell had th e principle of I classification been expressly adopted by P a i^ a m c n t TJntil M r Balfou came upon th e scene it w as scarcely necessary to do so m th e case ot political prisoners.
O ’Connell w as considered a crim inal in th e eye of th e law as law o ^ n e iia c ri- The R epeal prisoners were accused of being guilty of a foul and w icked conspiracy, of unlawful assembly, and intimidation, and various other heinous and immoral offences.
“ T h e g rav ity of th e ir crim es w as declared b y th e sentence, w hich d irected rvim uU s also were his fellow -conspirators and accomplices, M essrs Jo h n O’Connell, G ray, Duffy, Steele, B a rre tt, an d R ay .”— (Sigerson, Freeman, F ebruary 25.)

Nevertheless, in spite of th e ir legal E eneal -prisoners was extraordinarily lenient.

G a v a n l)u n y conti S T t t S .

» , r t i l .

M«»r=.


Jo h n O’Connell ond K ay o o n tn ta to d to it, Duffy and Gray took lessons m elocution, practised th e a it ot teucing, and had horses in th e yard to ride.

ersreadgnow _ “ T he governor and th e d ep u ty governor,” says S ir C harles G avan Duffy, “'w ere authorised to sub-let their, houses an d gardens to th e S tate prisoners.
M embers 8 M r. O’C onnell’s fam ily, an d of th e fam ilies of th e o th e r prisoners, came to resid e w ith th e m ; th e y em ployed th e ir ow n serv an ts ; from th e first day presents of venison, gam e, fish, fru it, an d th e like, began to a rriv e , a n d a fte r a little th e y fo u n d th em selves established in a p leasan t co u n try house, s itu a te d in th e m id st of ex ten ­ sive grounds, b rig h t w ith fa ir w om en and th e gam bols of children, and fu rn ish ed w ith a b u n d a n t m eans e ith e r for s tu d y or am usem ent.” “ O ur im m ediate p o litic a l associates cam e ev ery d a y ,” he continues, “ and th e d in n e r-ta b le w as n ev er se t for less th a n th i r ty persons.
O ’Connell was a genial a n d a tte n tiv e h o st, fu ll of anecdote and badinage, w hile th e ladies rem ained ; and re a d y , w hen th e y w ith d re w , for serious political conference, or th e p leasan t c a rte a n d tie rc e of friendly controversy.
A w eekly b u lle tin was read in th e R epeal A ssociation from R ichm ond prison, w hich by degrees- grew in to som ething like a brief rev iew of th e p o litical affairs of th e w eek .” T his ex tra v ag a n tly liberal tre a tm e n t w as due to a recognition of ttíe- political character of th e ir offence.
I t is fu tile to argue, th a t because th e D ublin Corporation had a t th a t thority in prison th e trea tm e n t was in any no excuse for” ^ me ^he control of R ichm ond P en itentiary, I t only corresponded w ith th e traditional custom of change of treat- w ay exceptional.

G reat B ritain in regard to political offenders.

The adm inistration of th e prison rules has since been tran sferred to bodies other th an those w hich controlled them a t th e tim e, and up to a m uch la te r date.
Because, how ever, th e control is vested in new hands is no reason w hy th e tre a tm e n t of political prisoners should have become w h at it is to-day.

N o t the slightest change in treatment was ordered or even suggested by any A c t on the Statute-book o f Parliament.

W hat we de­ mand.

Treatm ent of Meagher.

O’Brien, O’Doherty and, M ‘Manus.


W e do n ot now , although we m ight in justice do so, demand th a t the political prisoners should be allowed to m ake prison life .as pleasant as th a t led by O’Connell and his companions.

B u t w e do insist th a t they should be classed as first-class m isdem eanants.
A s Sir Charles Gavan D uffy rem arks in th e le tte r w hich th e Freeman's Journal published on th e 2oth Ju ly , 1889— “ I t is n o t ask ed th a t th e y should hold v irtu a l levees, or give daily e n te rta in ­ m e n ts to th e ir frien d s, b u t th a t th e y shall n o t have a sentence of detention tu rn e d in to physical an d m oral to rtu re .” I t w ould be superfluous, perhaps, to go into the m atter of th e treatm ent of M eagher, O ’B rien, O ’D oherty, and M ‘AIanus.
D uffy th u s describes a visit he paid to them w hile in ja il :— “ I found O 'B rien lab o u rin g a t th e etern al ta s k of his correspondence, and M eag her in a cell b rig h t w ith scarlet cloth, w hich his books and m anuscripts and a few p o rtra its tran sfo rm e d in to a p le asa n t stu d y .

M ‘M anus had got a box of tools a n d w as m an u factu rin g nick-nacks, and O ’D o h erty w as busy w ith professional stu d ies.
T h e younger prisoners w ere in excellent, som etim es ex u b eran t spirits.

(F o u r Y ears of Irish H isto ry , c. V I.).

Mitchel and the Treason-Felony Act.

T he im prisonm ent of John M itchcl under th e Treason-Felony A ct of 1848 shows th a t th e intention of P arliam ent in passing th a t A ct was not to in any w ay a lter th e treatm en t to w hich political prisoners w eie sub­ jected.
A t th e tim e w hen th e Crown and Governm ent Security A ct, or Treason Felony Act, was passed, th e condition of the Irish prisoners was JLtó governed hy th e 7 th G e o r g e IY ., chapter 74 (8 1 st M ay, 1826) Treason Felony A ct reduced certain offences w hich had previously Jlassified as treason to felony.

On th e other hand, c e r t a i n offences vrhich I n various discussions pre- had been only seditious w ere made felonies.
tíous to th e passing of th e new A ct £ s s s s ë È a æ g ÿ B Ë k E & would be category.”— (Sigerson, Freem an, F e b ru ary 26.)

continued as reg ard s m en w ho p ractically came The condition of th e ordinary crim inal a t th a t period does not m^ch concern us.
The Georgian A ct made th e w earing of prison clothes optional, th a t is to say, a prisoner could w ear his own clothes if he had the means to m aintain himself, a principle of class distinction long a o i h e abandoned, b u t w hich M r. B alfour w ould seem desirous to revive, authorities seemed not to quite understand th e bearing of th e new A ct upon prison discipline.
A t N ew gate, says M itchel “ A ia iler came in w ith a su it of coarse grey clothes in his han d , ‘ Y ou are to put on th e se ,’ he said, ‘ d ire c tly / from th e foot of th e stairs, ‘ L e t him be rem oved in his ow n clothes.

•ordered to change again, w hich I d id .” I p u t th em on d irectly .

A voicej j ^ e n sho' bo i w as H e was sent to Spike Island on board a Government vessel.
Jo h n M itchel ^ rfteh“ ieS5egfaL being a prisoner who could m aintain himself, th e attem pt to degrade him by forcing him to w ear the prison clothes was u tte rly illegal.

N ever­ theless, in Spike Island the same blunder was com m itted as m N ew gate.

“ M r. G ra c e ” (the governor), “ cam e iftto m y cell w ith a tu rn k e y .

H e h a d a suit of brow n convict clothes in his h and, and said it ^ I p l L a ^ v i t h o u t rem ark ” h a d to perform , b u t th a t I m u st p u t on those clothes.
I obeyed w ith o u t r e n ia it.

The blunder was set rig h t a couple of days la te r by a le tte r from th e Castle, w hich directed the governor to allow Jo h n M itchel to w ear his own clothes, and to treat him differently from an ordinary Jelon.

Castle.
Castle.

“ P resen tly M r. G race retu rn e d , and said he w as glad to te ll m e m a tte rs did n o t promise to go so h a rd w ith me as he had expected, th a t he h ad a te tte r from t Castle, directin g him to tre a t me q u ite differently from a ^ n m o n conv.ct me w ear m y ow n clothes, n o t to p u t me in irons, etc.— (Ja il Joui nal, p. d l).

to le t The Government, it m ust be acknowledged, is alw ays th e best m tc r- I t evidently considered th a t there was preter of its own intentions.
nothing in the new A ct w hich forbade them to subject Jo h n M itchel to Ungccmpan- th e same lenient treatm ent, w hich had always characterized the îm piison- ment of political prisoners ; and th is fact is evident throughout the whole I t is nignly narrative of M itchel’s subsequent treatm ent as a convict.

th« 1 0 in terestin g and rem arkably in structive to compare th e treatm en t of John M itchel in Yan D iem an’s Land, w ith th e condition of th e ordinary convict there.
As far as actual law was concerned, it m ust be rem embered, there w as no special obligation to tre a t M itchel otherw ise th a n as an ordinary convict.

A n absolute system of le ttin g out convicts seems to have existed u n d e r th e protection of th e T ransportation A ct of 1824 (5 th George IY.

c. 84) The pro p erty of th e transported felons was vested in th e Govern­ m ent.

T he governor was empowered to assign the convict to anybody else, who could also assign him according to his inclination.
T he tran s­ ported felons in Y an Didm an’s Land, were, to p u t it plainly, hired out to the^ colonists as slaves.

Jo h n M itchel was informed, upon landing, th at positive instructions w ere received to tre a t him w ith consideration.
“ A prison official handed me a com m unication from an in d iv id u al styled ‘ C o m p tro lle r-G en e ra l,’ inform ing me th a t in stru ctio n s had been received from th e S ecretary of S ta te to allow m e to reside a t large in any one of th e police d istricts I m ig h t select (except those already used as th e dungeons of m y friends), subject to no restriction save th e necessity of rep o rtin g m yself to th e d is tric t police m a g istra te .”— (J a il Jo u rn al).
M itchel was allowed to roam over th e Islan d of Tasm ania practically w h ith e r he w ould.

H e found i t h ard to believe th a t he was not a free m an.
“ In vain I reflect,5’ h e wnrites, “ th a t it is incu m ben t on me d ilig en tly to re­ m em ber (as M r. G ibbon says), now th a t I am, a fte r all, in a real cell, hulk, or dungeon, y e t —th a t th e se an c ie n t m o untains, w itli th e cloud-shadow s flying over th e ir fa r-stre tc h in g w oodlands, a re b u t C arthagenian prison w alls—th a t the b rig h t birds, w aving th e ir rainbowr w ings h ere before me are b u t s ticket-of-leave * b ird s, a n d enjoy only ‘ com parative lib e rty .’ ” W ill it be believed th a t M itchel, th e convict, h a d a ctu ally fellow- convicts assigned to him ?
T h a t such was th e case, how ever, m ay be seen b y a p eru sal of h is “ Ja il Jo u rn a l.” Boycotting, a weapon univer­ sally known.

B efore leaving Jo h n M itchel a n in te re s tin g in cid en t m ay be q u o ted , w hich proves th a t b oy co ttin g is a w eapon universally know n, a n d th a t its p ractice has n o t alw ays been visited w ith th e punishm ent m e te d o u t to it in Ire la n d .
D r. S igerson th u s tells th e tale :— “ F rom tim e to tim e objections had been ta k e n by th e free colonists of co u n tries, to w hich convicts w ere d ra fte d ag ain st th e continuance of penal settle­ m ents in th e ir v ic in ity .
T hey did n o t desire annual relays of ticket-of-leave men from B ritain, b u t considered she should provide for h er ow n convicts a t hom e. In 1849 Jo h n Mitchel found th e Cape in rev o lt ag ain st th e reception of convicts who w ere carried by his vessel, th e N eptune, b u t k e p t q u ite a p a rt from him .

The colonists, E nglish an d D u tch , established an A nti-C onvict League, w ith a ‘ com­ m itte e of v ig ilan ce,’ to m ake it effective.
T hey d irected th e m ost strin g e n t blockade, o r boy cott, as it w ould now be term ed , forbade th e sale of an ything w hatever, not m erely to th e convict ship, b u t to all th e m en-of-w ar, and still fu rth er, to all and every person in th e service of the G overnm ent, including th e governor himself, an d to anyone wrho m ig h t aid an d assist them .

C o n tracto rs stopped supplies* B anks an d insurance offices refused to d eal w ith anyone n o t pledged to non­ in tercou rse.
T he cap tain of th e N ep tu n e ‘ w alked into several shops, trie d to buy a tobacco pipe, a glass for his w atch, a fresh roll of bread, b u t in vain—they mould hold no I , — P â t u r e , u n le s s h e c o u ld p r o d u c e h i a L e a g Capetown, D r. G ray , w ho ^ t e d M ite Convict League ’ to his delight.

T h is n o n -™ t» o o u « B j« g i Æny th a t prevailed m Irela n d during the.

l i t h e W « or ' No » u l d .


’ .. f ( 3 ovecl o f t h e A n ti- ue su rp assed in rigour ^ haying beeI1 j violently p U f A Ï S o p ' S o ”cT — t ~ ™ i » *-* T he Irish P o litical P riso n ers of 1848 w ere th e la s t enforced v isitors to V a n D iem an ’s L a n d ; ju s t as Jo h n Boyle O’R eilly was am ong th e last batch of enforced visitors to A u stra lia m lbb7.
Tn 1853 tra n sp o rta tio n w as abolished, a n d an A ct to s u b s titu te o th e r ^ H s iie d by p i m e i r r u of tra n sp o rta tio n w as passed (15 an d 17 ^ c f c o r ^ P .

, s , , talle I t was not, how ever, as we have said, u n til 1867 th a t ihat).

99).

■transportation to A u stralia ceased.


T he A ct established p en al servi- tude as a su b s titu te fo r tran sp o rta tio n , and, u p o n th e whole, th e new A.ct considerably im proved th e condition of th e o rd in a ry crim inal, a it did aw ay w ith th e old h u lk system , and all its m isery an d w retchedness.

T he in te rm e d iate system w as adopted in Irela n d ab o u t th is tim e. It is so well know n as' n o t to need exp lan atio n To p u t th e m a te r system.
shortly, th e in te rm e d iate system k e p t in view th e R e fo rm a to ry object of prison d eten tion .

T his was as i t should be .. ■ f M r P.harlps B u rk e, th e chairm an of th e Mr. Charles I■ , “ F o r according to th e testim ony of M r. o h a Irish P risons B oard, ‘ it is th e d u ty and object of th e prison officer to m ake un- Burke defines the dutiesof the earn onlv a shilling a day are capable of earning five shillings a day a fte r leav 0 th e prison.
A n d th a t is obviously an ad v an tag e to them selves an d th e S tate.

E ngland never adopted th e interm ediate system, which, eventually ■died out in Ireland, th e num ber of prisoners not being sufficiently ' lar to keep th e system w orking.
N evertheless th e condihon of th e lm glis I n 1856 an A ct w asp ass felon was a t th is tim e extrem ely good relating, among other things, to a uniform prison dress however, w hich w ill be stated later on, it is extrem ely clo^ \ M ^ t h e i the provisions of th is A ct can be legally enforced m Iie la n d a t tHe present tim e. I n the course of a single generation th e severe and sanguinary punish- gaille(i ments attaching to certain crim inal acts had almost disappeared.
since lsoo- “ In 1820 a boy of fifteen was hu n g a t N ew gate, and in 1821 eig h t b o y ^ u n d e r t w e n t y got t h e sam e f a te ; w h ilst even so la te as 18dd a, c m ia oi tenced to d eath for breaking a window -pane w orth of paint.

H e w as reprieved.

1“ the period of ®®[®”/ a n d ^ alesf of wh om th ere had been 7,683 persons sentenced o crim inals w ere seven, hundred, less seven, were hung.
1 he hangings , carried on a t th e rate of nearly one hundred a ycai for se were 1,526 persons sentenced to be hanged of w*10'" ® 1831 th ere were 1,601 person, sentenced to death, of whom h lty two w ere i n fifty-tw o w ere hanged, f In 1S28 th ere hange(j > • g f o r one each w eek.

T he G overnm ent w as grow ing m ore ten d er-h earted .

T he la st execution of a sheep-stealer h ap pened in 1831, an d in th e n e x t y e a r th e la st ex ecu tio n for stealin g le tte rs .
T h en also w as abolished cap ital pu nish m ent for cattle-scealm g and for larceny from houses, and in 1833 for housebreaking.

The I n 1834 an la s t execution for forgery took place th re e or four years previously.

e n d w as p u t to h anging for sacrilege an d letter-stealin g .

A ll these enactm ents w o rk ed m anifest y a vast im pro vem ent in th e fa te of common crim inals.

B u t th e s e v e n tie s of th e h u lk an d tra n sp o rta tio n rem ained.
A n idea of these m av be g o t from tlie inform ation ob tain ed , in 1S38, th a t 151,000 lashes inflicted in one y eai in A u stra lia an d V an D iem an s L and.

A ll th a t w^as im proved aw av, alm ost com­ p le te ly .
.besides, w h ilst a dozen years or so before the F en ian trials it h ad been com m on to read of sentences of seven y e a rs’ tra n sp o rta tio n aw arded to hungry m en, who stole a few tu rn ip s, a t th e tim e of those tria ls no ju d g e w ould hav e th o u g h t of giving seven j oars’ penal serv itu d e, no r p erh ap s seven m o n th s’ im ­ p riso n m en t, for such an offence.
T h u s th e common crim inal ha'd been g ran te d regards corporal im m ense im provem ents as to rtu re , an d as re g a rd s len g th of im prisonm ent.
F inally, it w as show n th a t it is in th e considered to ue th e o b ject and d u ty of th e prison officials to raise him skilled social as w ell as in th e m oral scale, to m ake th e un sk illed labourer a artizan , w ho, ow ing to th e ad v an tag e of technical train in g , can earn th irty shillings a w eek on leaving prison instead of th e six he earned on entering.
T hen he has been al^le to save a certain sum d u rin g his prison life, sm all, b u t probably m ore th a n an y su rp lu s he w ould have saved outside, an d p h ilan tro p h ic societies w isely ad d to it, an d assist h im to find w o rk .”— (Sigerson, Freeman, M arch 8).

reg ard s ca p ita l p u n ish m en t, as d e î s ^ n e c f 611' nothing in same n in eteen th century down to its seventh decade, the punishm ent of political period.

.
.

D u rin S th e same period, th a t is from th e commencement of th e , offences and th e trea tm e n t of political crim inals in ja il had rem ained I n rem aining u n altered it had relatively, of course* absolutely unaltered.

become more severe.

As we have seen, political prisoners had hith erto been recognised as such.
from ecmstitu-e • tionai custom authorized by treated law , b u t th e y w ere never classed as crim inals w hen T he first g reat dePai1ure th e case of the F enian prisoners of ’65.

th e constitutional custom took place These prisoners w ere ‘ 4 as m en ju dg ed gu ilty of sim ilar offences were never treated before.” H ith erto , political prisoners w ere crim inal in th e eyes of th e in ja il.

T he leaders of th e F enian m ovem ent of I 860 w ere forced to undergo the same fate as common felons.
th e same system of in regard to th e Irish Crimes A ct prisoners.

This change is the more i remarkable, since it was in no way authorized by Parliam ent ; no statute had j authorized any change whatever in jprisoners.

I n other words, th ey w ere subjected to 1 th e justice of w hich we question the system of the treatment o f such treatm ent, d M ^ a p p ï y ?

6, .
6, .

- ^ e Prison A ct of 1856 was draw n up unfortunately in such a w ay th a t it was easy to juggle th e m eaning of th e A ct into a direct order by P arlia­ m ent th a t political misdemeanants should not be privileged.

The Fenians, how ever, w ere n ot convicted as m isdem eanants, so th a t the A ct could not apply to them (see page 2 1 ).

S ^ a!reLd^nt1Sfc prece en .


“ The change was made in direct contradiction of all precedent; and th at contradiction was enforced against them in obedience to no enactment.

I t would be hard to parallel a divergence so great from long-established and 1 3 continuous custom.

Indeed, if such a fluctuation had been common th o < u n w ritte n law ’ could never have possessed validity, nor th a t constitution w hich 4 slowly "broadened down from precedent to precedent have ob- tained stability and state.
To compel political prisoners to endure th e fate of common crim inals was not to equalize th e ir lot, b u t th e contrary.

AH th e changes made in th e crim inal law and m th e prison system had redounded to th e am elioration of the condition of th e common convict ; th is alteration, on th e other hand, effected an immense d etrim ent m th a t of the political prisoner.”— (Sigerson, Freeman, M arch 8 th .)

A certain am ount of excuse m ay be m ade for th e Governm ent.
T heir position in Irela n d was farm o re serious th a n in 1848.

In 1848 th e a n e s t of M itchel, O’Brien, and others p u t an end to a purely physical force movement, w hereas at th e la tte r date there was a vast organization th riv in g not only in Ireland, b u t in th e U nited btatcs whose strength could hardly be dim inished by th e confinement of some few of its leaders in Irish jails.
That the Government was wrong, however, in its action may, a p art from the accum ulated evidence afforded us by th e precedents wrong, we have previously quoted, be proved very conclusively, by con- sidering for a moment the treatment meted out to the political pnsoneis of 1798, under similar conditions.

“ T he case of th e high treaso n prisoners of 1798, whose d e a th sentences h a d P o U tt^ p m o n - I h e organization of t e treated ,veU.

been com m uted presented an alm ost exact analogy.
H iU ta rn ô c ïe tV of’U n ited Irish m en was m ore form idable, absolutely an d relatively, th a n thya t o t h e I r i s h R e p u b l i c a n B rotherhoi I. I ts num bers w ere g reater its m em bers w ere b e tte r arm eî and accustom ed to th e ir use.
A ^ r e n c h '- a s ^ n w as incom parably m ore dangerous th a n any p riv a te i n c u r s I 0 n s by A m erican F e n i^ s , w h ilst in G reat B ritain th e re w ere sy m p ath etic s o e ie tïe s - U n 'te d ‘ U n ited Scotsm en 5 T h ere w as danger a t home and ab io ad , and i i t t u a s every w h e re denounced as th e arch-enem y of freedom .

H e h ad , however, some well- m ark ed constitutional hab its, a r d these w ere carried into political prisoners.
T hey w ere n o t sen t to th e hulks.

T he A sto n Jwmí/í, tran so m t in M arch 1799 conveyed th e D ublin S ta te prisoners to Belfast, w here th e U lstei S ta fe prisoner s' wen t^ on bo ard , m ak in g n in eteen in all, and t h e n ^ led for S cotland, w here th e y w ere confined in F o rt George.”-( S ig e r s o n , M arch 8th.)
I)r. MaNevin, one of the imprisoned men, gives the following account of his fellow-prisoners :— “ T he several prisoners of F o rt George h ad em braced ^ t l a i T ^ t h ^ only treated.

* rp ad in a nr stu d v to w hich th e y applied w ith far more assid u ity th a n it tü e y oniy re a d fifr am usem ent.

E m m et l p $ * him self to m athem atics, o r m ore pro p erly to that.

algebra, in w hich he m ade signa' proficiency, and d iv id ed his atten tio n .
A fter th is period S hakespeare w as his favourite reading.

N evertheless, th e fact rem ains th a t in 1865 th e Government boldly treated as crimi took th e plunge, and, ignoring th e custom of that^*‘ constitution * broadened down from precedent to precedent, deliberately subjected political prisoners to the rules, drawn up to meet the case of ordi­ nary criminals.

» nals.
» nals.

u Effect of treat- The subjection of these m en to strictly prison discipline, told upon I n tw o years, death claim ed eight victims, them w ith aw ful effect.

w h ilst num erous others of th e prisoners became afflicted w ith paralysis or T he nam es of th e dead w ere L ynch, MacGeogh, P o ttrell, insanity.

Stow ell, M eagher, K ennedy, K elly, and H arbisson.

Of th e others, Joyce, B urke, Sw eeney, "White, M cFeely, and B arry, became afflicted w ith various forms of nervous disease.
“ These records of death, paralysis, and insanity, supply a strik in g indictm ent against the attem pted treatm en t of political prisoners as common felons, on whom prison trea tm e n t w ro u g h t no such effect.” Fenians resent- ed association, p e ^ a p s th e F en ian prisoners resented most.
T he enforced association w ith common crim inals was th e w rong w hich “ As I in fer from th e conditions on w hich th e Commissioners w ill p erm it m e to address th e m ,” said B rian D illon before th e Devon Com­ mission, in 1870, “ th a t th e y w ill not recognise m oral grievances of th is kind, I shall not dw ell on th is hardship, th o u g h I shall not, I tru s t in God, ever become so depraved and im m oral as to forget it.

:’— Q.

8, 129.
:’— Q.

8, 129.

D illon th u s concludes his statem ents : is lo st am ongst is n o t p ersecu ted because he w as a he keeps w ith in “ In p o in tin g o u t th e tre a tm e n t received a t th e hands of prison officials, it union’s state- ment before _ w ould be w rong to overlook th e fu n d am en tal t r u t h w hich underlies th e w hole, .sion°n ^ ulumis' a n d w h ich goes fa r to acco u n t for ou r ex cep tio n al tre a tm e n t in convict prisons.
I t is found in th e difference, m orally an d politically, existing betw een thieves a n d trie d , a n d his sentence passed, he p o litical prisoners.

W h en th e th ie f is comes in to th e prisons b u ilt for thieves, an d th e num ber of o th e r p riso n ers w hom he find, th e re before him .
In sid e th e prison w alls th ie f o u tsid e ; he is n o t punished he if Irish political prisoner, on th e co n trary , e n te rs th e prison b u ilt for thieves, accom panied by rancorous an d b itte r feelings of h o stility .

U n d e r th e influence of political, n ational, an d re ­ ligious a n tip a th ie s, th e w o rst feelings of th e hu m an h e a rt are p erp etu ally q uick­ ening into acts of oppression an d persecu tion a g a in st him.
W h ile th e m oral feelings of his ja ilers are too b lu n t, too slu ggish, or too deprav ed to persecute a th ief as such, th e ir p o litical h a tre d s an d an tip ath ies are being continu ally aroused b y th e actions of his p a rty o u tsid e th e prison walls.

H e is punished for his own offence in th e p a s t an d th e irs in th e present.

M an ch ester and C lerkenw ell spoke from th e frow ning brow s of o u r jailers.
If th e facts do n o t reveal exceptional tr e a t­ m e n t,” he concludes, “ it can n o t be denied th a t th e y w ere em inently calculated to underm ine th e h e a lth of body an d m ind.

I have no doubt of th e g rad u al d e stru c ­ tio n of th e form er.

T h e la tte r calam ity I p ra y A lm ig h ty G od to a v e rt.” th e prison ru les.

T h e D illon died shortly afterw ards, another victim to th e system of common degradation.

I ts conditions P enal servitude was fram ed for the common felon.
The jailers tried abrickiayei^s11 w ere so adm inistered as to improve him , physically, m entally, and assistant.

m orally, for th e developm ent of his faculties, to teach him how to earn money, so th a t, w hen he left jail, he m ight occupy a higher social position th an “ The edge of the sword only was turned tow ards w hen he entered it.

to offer him prizes into habits of to tu rn him industry, 15 the political prisoners.” T he incongruity was positively a b su rl.
the case of B rian Dillon, who sw eetly sang : la k e “ W hen twilight, darkening into night, Throw s round my cell its sombre shade, A nd thronging memories, sad or bright, Slowly come and slowly fade ; Then, sweetly through my prison bars, A n old friend sings a song to me— A n old song from the far-off times Of youth, and home, and liberty.
“ Sing, Robin Redbreast, sing : W hile listening to thy minstrelsy, T hrough prison bars my soul will wing To Ireland o’er the sea.” The prison system , one of whose ch ief objects it is to raise the u n ­ skilled crim inal to th e dignity of an artisan, endeavoured to make M r. D illon, the patriot and poet, a bricklayer's assistant.

R esult— death of M r. Dillon.


“ The in co n g ru ity ,” says D r. Sigerson, “ was very m arked, w hen a m an like Mr. D a v itt w as yoked to a cart and compelled to draw stones.” « The political prisoners were thus p u t at a physical and industrial disadvantage, as well as subjected to m oral suffering and intellectual p riv a tio n -d riv e n hopelessly downwards, whilst the common criminals were being draw n hopefully upward.

P ro ­ crustean procedure is not a success.


T he attem p t made to compel political prisoners to undergo the same treatm ent as ordinary felons resulted in making them suffer a different and worse treatm ent— the effort to produce equality produced inequality.

Mr. D israeli having h e ld th e reins o f office 'or n e a r l y e i g h t f,Mstone ap.

M r Gladstone assum ed th e governm ent in the Decem ber 01 looo, w itn pointed Devon E a rl Spencer as Viceroy of Ire la n d , and Mr-.
Bruce, n o w L ord Aberdare, Commisson.

as H om e Secretary.

D r. Sigerson states th a t D r. M ulcahy assured him th a t from this m om ent a vast im provem ent took place in th e tie a tm e n t or th e Fenian suspects.

H ow ever th a t m ay be, a Commission was appointed m 1870, to investigate the w hole m a tte r. The E a rl of Devon acted as chairm an, th e other m em bers being M r. George B roderick, M r. E. De Yere, Dr. Greenliow, and th e late D r. K obert Lyons.
T he le tte r of instruction received by th e Commission was sent to them b y M r. Brace, now L ord A berdare.

W e print it side by side w ith Mr. B alfour’s le tte r of instruction to his Committee of In q u iry in 1889 (see end of chapter).

M r. B ruce’s le tte r of instruction is th e more honest production of th e two.

T he Devon Commission was appointed to inquire into th e condition of th e F enian suspects, and it was ordered to do so.
T he trea tm e n t to w hich the Iris h Crimes Act prisoners had been sub- iected save rise to L ord A berdare’s Committee, yet throughout the whole letter of instruction, th e phrase, Iris h Crimes A ct prisoners, does not occur !

The position tak en up by th e p r is o n a u t h o r i t i e s i n 1865 w a s t h i s - “ These ” (th e F enians) “ are political prisoners.

I t is alleged th a t th e y have son officials in The defence ^ been tre a te d w ith undue severity.
W e, on th e other hand, declare th a t we h a \e 1 6 macle d istin ctio n s in S igerson, Freem an, M arch 18th ).

th e ir fav o u r because they were political prisoners”—( D r * The tr u th of th is assertion m ay be found by a reference to th e evidence given before th e Com m ittee.
A nd here I m ay quote a few words more from D r. Sigerson “ F ro m th e language w e h e a r from tim e to tim e, as to th e id e n tity of penal tr e a t­ m e n t w hich should govern political prisoners an d com mon crim inals alike, foreign­ ers m ig h t im agine th a t to be th e ru le a n d p ractice of th e realm .

M any natives a p ­ p a re n tly are affected by th is illusion.
N ow , if th e case stood really thus, all th a t th e p rison a u th o ritie s need plead as regard s th e ir tre a tm e n t of th e F en ian prison ers This is Balfour’s w as sim ply th is— ‘ T hese m en have been pronounced crim inals by the law, a n d co m m itted to ou r charge.

N o s ta tu te n o r prison ru le distinguishes th e m from o th er defence.
crim inals, hence we m ake no d istin ctio n ; a ll a re crim inals, an d a ll are tre a te d in th e sam e m an n er.’ B u t th is w as n o t a t all th e position ta k e n u p .” , I t w ill be observed th a t th e la tte r position is th e one tak en up by M r. Balfour.

L ooking a t precedent, it is a v ery absurd position, indeed.
A s a m a tte r offaet, although th e general treatm en t'o f the F enian suspects h^dtoPbeTUege3 .granted to w as sim ilar to th a t of th e ordinary felon, certain small distinctions w ere ^emanp son- macie l eCause they were political prisoners.

F o r instance, common crim inals, as is w ell know n, m ust have th e ir h a ir and beard closely cropped.

N ow , in spite of th e rigorous trea tm e n t to w hich Fenians w ere subjected, th is ru le was absolutely relaxed in th e ir regard.
I commend th is fact to M r. A rth u r Jam es Balfour.

H e has not considered it necessary to relax th is p a rticu la r portion of the rule, w ith regard to all his prisoners, though w ith curious inconsistency he has done so in some few cases.

I n support of m y assertion th a t1 sm all priveleges w ere granted in th e case of the F e n ian prisoners, I quote th e evidence of Captain D ucane before th e Com­ mission— T h e Devon Commission condemns the system.
The attem pt failed “ H as th a t concession been m ade in th e case of o th e r prisoners ?

N ot through, th e w hole of th e ir sentence ; certain ly not.
A sh o rt tim e before m en (crim inals) a re to go o u t from prison th e y a re allow ed to grow th e ir h a ir ; b u t these m en (treaso n felons) have been allow ed to w ear th e ir h a ir all th e tim e !” T he Devon Commission, as we have seen, recommended th a t the diffi­ culties attend ing upon th e location and treatm en t of political prisoners, or “ m en g u ilty of a crim e so exceptional in its n atu re th a t it has been th o u g h t rig h t to m odify prison discipline in th e ir case to a certain extent, m ay be m ost readily m et by setting apart a detached portion of a convict prison for prisoners of th is class.” The attem p t to tre a t the F enian suspects as ordinary crim inals failed, r ^ e -treatm ent was barbarous in the extrem e, such as no civilized country in th e world, perhaps, except R ussia, would have sanctioned for a mo­ m ent.
Nevertheless, certain relaxations had to be granted, and w ill in ­ evitably have to be granted, w herever th e attem p t is made to tre a t po liti­ cal prisoners as common crim inals.

Both R oyal Commissions condemned th e system of cast-iron uniform ity which, for the first tim e in Irish history, was introduced into our jails, and recommended the confinement I t is needless of political offenders in a separate prison (see page 3).
17 to add th a t m ost of th e F en ian suspects wer,e released shortly alter th e report of th e Devon Commission, according to th e term s ot th e A m nesty granted by Mr. Gladstone.
The C hartist movem ent in E ngland, in 1839 was, characterized hy proceedings very vonrQ o sim ilar to those w hich took piace m th e l n s h t -nrpviouslv According to Lord John Kusseii, ^ & nary letter from Lor J war a few yeais p _ j* i q q o oddressed an official le tte r to th e John Russell under four heads, of which three were as follows « lief A t t ^ n f c h iv e been m ade to o b tain m oney from shopkeepers, house- Boycottingin r danger, or w ith loss of business, 01 t h e m as enem ies, and b y various o'ther c o m b i n i n g a n d e n d e a v o u r i n g to in ju r th e ir lawful business representing th e m a o thers to leave off tra d in g w ith ^ J h , °mpans’) 2nd.
P ersons have been * pener‘s householders, an d o th ers in th e neonle an d p ersuad in g 1 ’* ^Si eS business^ • p '- gone ab o u t am ong th e from w orking, an d desert th e ir em ployers.

These practices Lord Jo h n B ussell considered ‘‘ mi.

^ v o u s p r a c t i c e s , which are contrary to law , injurious to trade, subversive of good oide , and dangerous to th e peace of th e country.
I s not th is like a leaf from a p a m p h le t of th e I .L P .U ., describing the horrible state of affairs existing in Irela n d a t p r e s e n t. F erg u s O’Connor and H e n ry Vincent were tw o of th e chief leaders g - j - W n i-i ° PVmrtist m ovement.

F ergus 0 Connor was comm itted to charfcist> Y o r ï i a i l A p é titio n n a s sen?
in from Yorkshire in w hich it was alleged ttia t Mi O'Connor was treated in prison as a common felon, and an /minion was expressed th a t such t r e a t m e n t w ould seriously in ju re his health, and th a t th is was th e f ir s t tim e th a t a political offence had been « 0 d e a lt w i t h in England.
“ W h e n S ir F B u rd e tt was im prisoned for a like offence he w as allow ed to ber of th a t H ouse—should have been condemned to p e ito n n tHe most m enial offices.” The Attorney-G eneral declared that, although he lia i vrosecuted 2Ir O'Connor, no one would more deeply regret his persecu­ tio n in ja il.
“ sure th a t inciting to a broach of th e peace was no ; such “ case m thrar lordships w ould w ish to see punished w ith such s e v e n ty , w hile the M arquis of N orm anby boldly asserted th a t political offenders should not I n th e H ouse of Lords, tw o weeks later, Lord Portm an.w as House of Lo«fc.

1 í re?
íe ons’ a(Mmg that “ the previous habits of the individual made the enforcement of the strict prison discipline, a great increase of' the severity of punishment, and, under the name of uniformity they were making the most unequal punishment.” Secretary6inter- c °mm°ns, upo n th e same day, Mr. O’Connor’s case was again ™ SSPd í w T \ ^ ^ « - S e c r e t a r y concurred in the opinion°ex- pressed th at the treatm ent was cruel and unwarranted, and stated that SeCreta7 hild wP ttei} t0 the S i t i n g justices, directing them that it was proper to relax the rules.. J v n li a P ersonal description, such as those relatin g to dress, &c. (w hich, th o ugh convenient in the common ru n of cases, m ight m some cases he looked upon as personal indignities), might, in the opinion of Lord Normanby, be properly dispensed w ith in the present case.
(M ay 24, 1840).

1 Lord Normanby’s opinion.

.Bradford peti­ tion.

K eferrin g to th e allegation th a t Mr. O’Connor had been associated w ith ieions, Lord jNormanby m ust suppose th a t th a t p a rt of the statem ent is erroneous.

T here o u g h t,” he said, “ to be nothing of degradation or peisona in d ig n ity in th e trea tm e n t of M r. O’Connor, nor anything w hich may.
operate w ith un u su al, and disproportionate severity w ith reference to his state of h ealth and his form er habits of life.” (M ay 27, 1840.)
L ord Brougham presented, a petition from Bradford to th e Lords, Ju n e , 'tthieh declared th a t “ if th ere w ere any tr u th w hatever in these statem ents, and others of the same kind w hich had lately ‘borne before th e public, th ere was cause for th e deepest regret, and g reat danger of excit- so fatal to th e design of all punishm ent ; of indignation a t th e trea tm e n t of th e offender instead of a t his offence.” .
N orm anby explained th a t he had sent out directions on the sub­ je c t.. L ord D enham presented a petition, on Ju n e 5th, from Leeds, p iay in g for a free pardon [for M r. O’Connor, in consideration of th e to rtu re to w hich it was stated he had been subjected.

Lord N orm andy th e n ica d out a statem ent from th e chairm an of th e visiting justices, dated Ju n e 1st, w hich shows w h at effect the directions had upon th e p n so n authorities— W e t a î v ^ ï r J • .

terference.

.
terference.

.

“ Ii r * Fer^ O’Connor is n o t subjected to any indignities of the person.

Ho • does n o t scour o u t his room.

H e does not perform any menial office.

H e has had sheets offered him to sleep in, and he refused them.

H e occupies, to-night, and will continue to occupy, the best room on the felons side (i.e., n o t on the debtors* side).

H e has tea and sugar, without restriction of quantity, twice a day.

H e has anim al food a t dinner and two glasses of wine.
H e is shaved daily, and has clean linen f ° wels when he wishes.

T here are no beds but those of iron stock and flock beds, or w hich flock beds he has four.

H e has a pillow, chair, and table.

H e eats and has eaten his meals in his ward by him self, the first day excepted.

H e has a large yard to exercise in.

H e has a bedroom and large hospital to himself.

H e wears his own c othes.

H e lias not had any newspapers.


H e has not w ritten or received any letters w ithout the inspection of the governor.” F in ally , on th e 22nd, Lord X orm anby stated th a t he was allowed new spapers and other publications.

A t « , M r o«t l d e c la re d t h a t — « H e was not subjected to the his hair cut ; in fact, he was BubJ ® ^ .

sistent w ith the restrictive and safe c wn«U with ^ ™ “ • * » * .

, .

w ^ s s î b i e T o n ® , of hia p ergon.


Some question was after- J alloW(Fd to read ; and certainly h e heard to be restricted te boots e.*rdy e>> r ^ S S I w " “ * not ffood for the m ind of a young m an, active and inq uin b.

^ th e very m an who had prosecuted M r. Y m cent Ge®..rll0Whi> B ussell, th e n Hom e Secretary, had prosecuted J q B Serjeant la lfo u -nt Tnlfourd , improper books, b u t n o t books of a m iscellaneous chaiacter.
At th e n e x t assizes M r. V incent was convicted of th e same class Secon.i im- ^ A t th e n e x t assizes, ±vl .

iaQ to M ilbank, w here w e for.

Vincent, forbidden Treated as a J .

of offence.

H e was removed irom M m d H e ™ .

t t o d » P ™ t S ' r “ po“ d S T i a t a r — • S S S J S P * treason-felony prisoners of a la te r date.

Serjeant Talfourd, w ho h a d prosecuted him , protested, ( r h e ie is a tip for Mr. P e te r O’B rien.)
“ Such discipline as th is,’ he said, “ was CI 6^1^ sons committed for political offence*, and it punishment form erly aw arded, of If political writers, they had been allowed to were allowed the use of books, and freecom m un ^ the punishm ent which they received was con to the kind of innum°erabie could be given.

continue t h e i r political writings, they friends—-in short, .
, tQ re3tricti0n on their per- opinion of Pharles Wolseley, tried and Attorney , • h.“ s^ a’s.wsft "•> -s war T X i — ■ z r £ & r s & i listen to the trials.
There was also man, sentenced to be imprisoned in Newgate as therv■ y judge could inflict, yet he was allowed to have a h ■ g proof sheets sent to him —to communicate w ith veniences of life consistent with h.s depriyation of pers.naU iD er y th a t he could not think it right th a a change s treatm ent of prisoners silently and wqlth.0“ “ ^ " f d which could not last.
was a state of things, p r o c e e d e d Serjeant Ta advanced state o f the hum an m in d required tlm t punishm ent no to the nature, as well as to the degree o f the offence.

^ ’ ub - ’ p a ten ce which the ^ ^ own__to have hl3 y M th0 con Then he added ^ t Legi sl at ure.
This h k l be proportioned The dition aud M r. W illiam ,, of M o n m o .ti, advocate for th e separation of political offenders from common cnm m a B K S Î * M r. H um e considered th e treatm en t of M r. VirLcent^hacl « aggravated beyond all precedent in such c ases,an was calculated th an any oth er course could have been, to ere him in th e public m ind.’’ for J r 2 0 Mr. W alkley thought th at such treatm ent of political offenders was: ex trem ely lik ely to produce g reat alarm in th e public m ind.” M r Aglionby said that such treatm ent would “ create a popular sympathy much more dangerous than any the w riting of Mr. Vincent could possibly p ro d u c e .” Both W hig and Tory joined in the protest.
Lord John Russell, Home Secretary, hastened to a lk y the feeling.

The imprisonment, he- said was more severe than the Secretary of State had ever contemplated.

There w as certain ly reason fo r m aking a change !

!” Lord N onnanby pioposed to a lte r th e law so as to p rev en t th e occurrence of such scandal, and proposed th e advisability of rem ittin g some of th e term to w h ic h M r. V m cen t had been sentenced.

n i e Home Secretary's action.


Ijesson to be In both uamea irom learned from S S ,S v ?

'Con; “S.

ï ï ,W,aS m?de to deSrade political offenders.

On both occasions the no ran d Vincent, attem pt failed, and the authorities were forced, by the strength of public Vin,cent and M r- O’Connor are instructive.

Tí® °“ “ °f opinion on th e subject, to a t once rectify the m istake.” -»«- ^ ’r í1US,” reD?arks ■H,1!

'.
Sigerson, “ in the case of M r. V incent, as in th a t of M r. Ü Connor, where political offenders suffered treatm ent sim ilar to th a t of com­ m on crim inals—owing to the obscure operation of prison regulations—the Legislature, as soon as the m atter was brought under its cognizance, condemned such confusion ot classes, and th e Executive authorities took immediate action to remedy it and th o u g h t proper to m ake reparation, as it were, to the political offenders by abridg­ ing th e term of their im p riso n m en t” — (.freem an, M arch 20th ).
T hus, in E ngland, th e first attem p t to tre a t political prisoners as common felons failed, as it failed in Irelan d in 1865, and as it w ill y e t fail, it is to be hoped, in th e case of th e Irish Crimes A ct prisoners.

M r. B alfour has, over and over again, claimed th a t he could not in ­ terfere w ith the adm inistration of th e prison rules.
I f Mr. Balfour, how- e\ er, took the tro u ble to stu d y th e question, he would soon have found out p len ty of precedents w hich w ould sanction his interference.

H e m ust, therefore, be fastened w ith absolute responsibility for the treatm ent to w hich "W illiam O’B rien, and th e other victim s of his m isgovernm ent in Ire la n d have been subjected.
F o r instance, on the 3rd May, 1867, Lord Mayo,, th en C hief Secretary for Ireland, was asked a question as to the condition of the F en ian prisoners in M ountjoy Prison, based upon th e M edical R ep o rt ju s t issued.

“ Im m ediately,” replied Lord M ayo— Interference of C hitf Secretary in prison jwl- ministration, sanctioned by custom.

P re­ cedents.
P re­ cedents.

T |0U*- +i> Im m ed iately on receiving th a t re p o rt I o rdered inquiries to be made, and îe n e x t day directions w ere given th a t certain relaxations of th e prison rules e 11.n *av o u r of those persons.

T he relaxations am ounted to th is— ía t th e tim e allow ed for th e exercise was doubled, th e prisoners were allow ed to sm oke d u rin g th e tim e th e y w ere ta k in g th e ir exercise, and th e y w ere allowed to w alk w ith a com panion.”—[Hansard, vol.

186, col.
186, col.

1,933.)

?

ano^ er exi,mplc.

On th e 27th F ebruary, 1868, W illiam John- jafl.

interven- ston, Esq.

of B allykilbeg H ouse fame, was charged before Mr. Justice- th e A ttorney-G eneral, w ith having acted in defiance of the law, JMayu.f L0ld b y tak in g p a rt in an illegal procession on the 12th Ju ly of the preceding.

21 year.

M r. Johnston was liable, like all other political offenders, to be treated, according to the strict law, as an ordinary felon.
No Act of P arliam ent had prescribed, as I have said, any change in th e custom w hich regulated th e treatm ent of political offenders.

A t th a t period, however, an a ttem p t was being made, for th e first tim e in Ireland, to infringe upon th e ancient rule.

A lthough M r. Johnston was not treated as he should have been treated, and would have been treated, had he com m itted the offence a few years before, nevertheless, considerable relaxation was made in his favour.
H e was perm itted, under Section 13 of th e Prison A ct, to Mr. Johnston in w ear his own dress (Mr. Johnston w as sentenced to one m onth s im ­ prisonm ent), he was k e p t entirely separate from ordinary prisoners, and w as allowed to tak e his exercise apart.

W riting m aterials were placed a t his disposal, and he was perm itted to correspond w ith his friends.
H e could receive visits a t 10 o’clock in th e morning, and 4 o clock m the evening, for a qu arter of an hour each tim e. On th e 30th M arch, 1869, Colonel F o rd asked th a t Mr. Johnston should be allowed to see his friends m private, and to tak e his exercise on parole through th e ja il ground, Lord Mayo replied that “ the ordinary regulations o f the j a il had been con- siderably relaxed in M r. Johnston’s favour, but, although it was not his province to interfere w ith these matters, he had w ritten to the governor to intimate that no objection ivould be offered on the /part o f the Government to the relaxation o f the rules o f the j a i l ” ?
I t is clear from th e cases already cited, th a t M r. Balfour had it in Ci h is pow er to make the treatm en t of th e Irish Crimes A ct prisoners w hat he liked.

W hy are no t th e relaxations granted in th e case o± Mr. Johnston, extended to th e Crimes A ct prisoners ?

M r. R ichard P ig o tt and M r. A. M. Sullivan were in prison in 1868.
^ 0^ S3of M r. P ig o tt was convicted of publishing F enian news and commenting i86& ^ thereon, offences not unlike those comm itted by some of th e more prom inent A M sullivan Crimes A c t prisoners.

M r. A. M. Sullivan was charged w ith p u b lish in g ™der Prison seditious libels, some of them articles and some cartoons.

The 1 uson A ct ul treated as 1856, introduced by Mr. Hors.nan, transferred the power of superintendence «“ from the Court of Queen’s B ench to th e executive.
U nder th is A ct, i t unaltered, would appear, th a t Mr. P ig o tt and M r. Sulliva,n, a n d s u c h offenders m ight be treated as ordinary felons, if th e ir jailers wished to take ad \antage or th e unfortunate wording of the A ct.

There was no direct or express provision regarding th e subject, b u t th e very absence of siich provision would naturally operate against political prisoners.

The state of the law was realht unaltered.


Political prisoners were always sentenced as criminals* N o A ct ever recognized the existence o f political crime, and yet political crime was, as we have seen, always more leniently dealt with than breaches o f the ordinary law.

There was, however, in th e A ct of IS o 6, a special provision regarding m isdem eanants, and as M r. Sullivan and.

A i .

were convicted of misdemeanour, treated as common crim inals.

The legislature had, in fact, acted m dark.


I n the words of M r. Isaac B u tt— th ey were specially liable igo to be e ^ sytate « In 1856 cam e th e m o n stro u s juggle, u n d e r w h ic h th e language of th e law^sen- Butt on Act ten cing a political p riso n e r to ‘ im p ris o n m e n t,’ h a s been p e rv e rte d in to th e în ü ictio n 0f 1856.

2 2 of a p en alty , w hich th e law n ever contem plated and never m eant.
U n d e r th e very same nom inal sentence, as th a t pronounced before upon M r. C obbet an d Mr. O’Connell — w ith o u t an y a p p a re n t a lte ra tio n of th e law punishing political offences—M r. P ig o tt an d Mr. S ullivan are su b ject to an im prisonm ent, of a ch aracter so essentially different, th a t it is an abuse of language to call it by th e sam e nam e.” Discussion in Parliament.

Remarkable statm ent by Lord Mayo.


On th e 2 7 th M arch th e subject was brought up before the Commons by M r. M aguire, supported by Sir John Gray.

T hey complained th a t the Prison A ct of 1856 had been passed und er a m isunderstanding, th a t the House had been made to believe th a t it had m erely to transfer authority, and th a t no change in the m ethod of treatm en t of certain prisoners was proposed or suspected.

Lord Mayo made a m ost rem arkable statem ent.


Allowing that the law did not make any specific provision for political misdemeanantst he proceeded to show that the Government had done what the law had left undone.

“ T h e B oard of S u p erin ftn d en ce could only relax some r u le s ; o th ers were ‘ relaxed by the authority and on the recommendation o f the Government.’ T he s ta tu te placed M essrs.
S ullivan and P ig o tt on th e footing of common crim inals in Ire la n d ; th e Chief S ecretary to o k up rule a fte r ru le for th e tre a tm e n t of iirst-class m isdem eanants in Oxford Jail, an d declared th e Iris h prisoners h ad been tre a te d in accordance w ith th e se rules, n o tw ith s ta n d in g th e s ta tu te .
T hey were n o t placed w ith any o th er class of prisoners, w ere p erm itte d to w ear th e ir ow n clothes, to p ro ­ vide w ine (mulled claret) or ale (no m edical certificate being required), and food ; th e y w ere n o t required to perform any menial office, and h ad th e ir exercise in th e open air a p a rt from o th e r prisoners.

T hey could have m ore tim e if th ey lik e d .


They w ere allowed, he believed, to have any periodical or books th e y w ished fo r. The rule as regards visits had been relaxed, and w ould fu rth er be relaxed, so th a t th e y m ig h t see th e ir friends w ith o u t th e presence of a ja il officer.”— (Sigerson, freem a n , M arch 28.)

Lord Mayo th u s acted in Irelan d as th e Hom e .Secretary had done in the case of F erg u s O’Connor and H en ry Y incent, in England.
He inter- Lord Mayo interfered in spite of tectani- caîTnabiütÿ to fcred in spite of his inability to do so.

do so.

“ I have taken upon m yself,” he said, “ as an officer of the Govern­ m ent, on m y own authority, to authorize a very large departure from the rules w hich th e Board of Superintendence have laid down.

I n th a t respect I have, perhaps, assumed an a u th o rity w hich did not altogether I felt so strongly th a t the regulations, made by the Board belong to me.
of Superintendence for the R ichm ond B ridew ell, were not intended for the treatm en t of prisoners convicted of th is class of offence, th a t I felt it m y I n doing so I believe I have d u ty to authorize a departure from the rules.

only fulfilled m y d u ty .” W h y cannot M r. B alfour follow in the foot­ steps of Lord Mayo ?
Before leaving th e question of home precedent, it m ay be w ell to point out th a t Lord A berdare evidently appreciates the justice of the principle of th e classification of prisoners according to the n atu re of th eir offences.

T he Com mittee of w hich he has lately been the chairm an clearly acquiesce in it also.

H ow ever th a t m ay be, the following incident shows th a t Lord A berdare, a t all events, is sound upon the question.
One of the most im ­ p o rtan t official docum ents, bearing upon the distinctive treatm ent of dif­ In 1869, ferent classes of prisoners, ever issued, came from his pen.

Lord Aberdare on political offences, 1809.

2 3 tw o F enian prisoners, at W oking, complained th a t th e d iet th ey received •was not of a sufficiently nourishing n atu re to properly m aintain th e ir health.
I n answ er to th e com plaint we read : ‘1 M r Bruce ” (L ord Aberdare, th en H om e Secretary) ‘ ‘ gathers from th e representations in th e m em orial th a t i t is not so m uch a more generous as a different diet w hich th ey (the W oking prisoners) ask for and he is of opinion th at, in the case o f t h e s e political prisoners some relax a­ tion of th e strict rules of diet m ight, m accordance w ith the practice oj most countries, be allowed.” H ere, of course, Lord A berdare concedes tw o very im portant points : 1st.
T hat political prisoners should be subjected to an abs°l|fcely t ó m j , 2nd.

T h at th is dis­ apart from a m erely generous, m ethod of treatm ent.

tinction is sanctioned by th e practice of most foreign nations I t is s p ity Lord Aberdare did n ot impress his views strongly upon th e late Commission.

I t w ould n o t have been a n u n p ard o n ab le sin if th e y ^ d gone <ratside th e ir le tte r of in stru ctio n , as th e Devon C o m m issio n d id m l8 7 0 (seep ag eid).
I will now proceed to concedes shortly the treatm ent of political W e c e d e n t Ih e : precedemts ns_ prisoners according to the practice of f o r e i g n nations.
I have been enabled to quote, show — ls tly , th a t a lth o u g h tj'e law had n ev er recognized political offences, tra d itio n a l custom dem ands th a t poli­ tical offenders should be subjected to a d i s t i n c t i v e m eth o d of tr e a tm e n t , 2ndly, th a tth e attem pts previously made, both inE nglandand Ireland, to degrade political prisoners to the level of the common convict have in­ variably failed ; 3rdly,that men previously convicted of precisely the same crim es com m itted b y th e prisoners of to -d ay w ere tre a te d as politica offenders, and th a t, consequently, th e m en convicted u n d e r th e ^ ri™es A ct of 1 8 8 7 a re political p riso n ers; 4thly, th a t inasm uch as M .
B a lfo u r seem s inclined to carry to th e b itte r end t e sys em w íc failed in 1 8 3 9 , 1 8 6 5 , and in 1 8 6 8 , it is expedient th a t th e law should be am ended, a n d a rig id system of classification of prisoners adopted, in ord er th a t th e tre a tm e n t of prisoners m ay no longer be reg u la te d b y m ere custom , w hich, th o u g h generally considered so im p o rtan t a p o rtio n of th e B ritish C onstitution, can be so easily and lig h tly p u aside by those in a u th o rity .
I n F ran ce a system of classification of prisoners according to th e ir Foreign offences has long been adopted.

T he D e v o n C om m ission befo re c o n - ^ ,anc?

Dr. eluding th e ir investigations, d e sp a tc h e d one of th e ir n u m b e r, th e la te Ljons ieP i .

D r. Lyons, to inq uire into th e system of p ris o n d iscip lin e m th a t c o u n try .

M u c h u s e f u l i n f o r m a t io n o n t h e s u b j e c t m a y b e g le a n e d f r o m D r .
L vons’ report, w hich is a ttac h ed as an appendix to the B lue Book, con­ ta in in g th e evidence g iv en before th e Commission I t would appear from th is docum ent th a t it is th e expressed ru le of th e law th a t persons condem ned fo r m ere infringem en ts of police regulations, politi­ cal prisoners, debtors, and some others, are n o t required to undergo physical labour.

The d ietary of th e political prisoners included m eat, cooked vegetables, and claret (See D r. Lyons’ report).
2 4 l í f v t f l sonprs o !

foreS°“ S d ietary ,” we are told, political p ri­ soners are granted about a pound and a-th ird of w hite bread daily, and ° f X m 6‘ ?

esldes / U r th e y could purchase ex tra sup- S a* th e canteen or from w ithout, h u t as regards visits, politi- cal offenders had th e n g h t to receive th e ir friends in th e governor’s parlour.
Prisoners convicted of political offences connected w ith th e receive th eir fam ilies in th e ir own apartm ent, and these m ig h t; and, as a m atte r of fact, did very often, spend th e whole clay w ith th e prisoners, ta k in g even th e ir m eals w ith them .

Were- t h Í B > p , " in L in c e .

NO a B u t. \ h° most important point is the absolute non-existence in France °f association w ith convicts.

This principle is not there regulated merely association with criminals. "

î f ? "
î f ? "

* ° f ^ LaS b e e n e n f o l’° e d ^ strengthened by num berless special S tate documents.

A political a .

prisoner in I ranee is alw ays separated from th e convicts in w hatever iail he is confined.

W henever, however, political prisoners become num erous, a special q u a rte r is created for them , in one or other of the Maison C en­ trales, by decree of th e Prefect.

Such a quarter, “ for th e detention of S “ .

.


affords m any facilities to the prisoners for gaining little lu xu ries and enjoym ents.

” “ Thus, ” says the official document, ‘ ‘ th e (jovem m ent, m accord on th is subject w ith public opinion, traced from th e commencement a line o f demarcation between the political transport and the ordinary criminal offenders .

, special quarters prisoners581 ^ hé f0li 07 in S are e?
tra ?ts from an official decree, creating such a I t was issued under th e Em pire, by M. have described.

cr as ^ refect of the Seine, in F ebruary, 1867.

‘‘ A rtic le I.—T h ere is created a t th e H ouse of C orrection of St. Pelagie a a S p ecial Q u a rte r, d e stin e d for political prisoners condem ned to less th a n a year a n d a d a y of im prisonm ent.

“ A rticle II.
“ A rticle II.

T he p risoner placed in th e q u a rte r in question, shall be ad m itted to th e exceptional alim entary regim en accorded to political prisoners, and com prising per (lay GOO gram m es (one pound and a third ) of w h eat bread, and a d em i-litre (n e a rly a p in t) of wine, and (per w eek) five full ratio n s an d tw o m eagre.

The p n s o n e r m ay procure alim ents from w ith o u t u n d er control of th e governor, who m u s t oppose dishes of lu x u ry .
N o prisoner shall cause to be brought in m ore th a n one litre (nearly a q u art) of wine p e r day.

T he introduction of alcoholic liquors continues to be s tric tly in terd icted .

“ A rticle I I I .—T he prisoners m ay com m unicate am o n g st them selves in th e in ­ te rio r of th e q u a rte r reserved for them .
T hey will com m unicate in a p arlo u r atta c h e d to th e q u arte r, by perm ission g ra n te d in th e B ureaux of the P refectu re of Police, as well w ith m em bers of th e ir families as w ith stran g ers who have show n le g itim ate m otives for v isitin g them .

Those different com m unications w ill ta k e place on M ondays, T uesdays, W ednesdays, F rid ay s, and S aturdays, from noon to fo u r o’clock, and on o th e r days from eight o’clock a.m .
to noon.” TwOjFreuch prisoners in 18ü7- M. N acquet, and M. Accolas w ere political prisoners in 1867.

The former, a prisoner in S t. Pelagie, was allowed to absent himself from prison ?n condition th a t he was present at roll-call.

M .

Accolas, being in delicate health, was allowed to pass his tim e in a room a t St. Louis hospital, w here he daily received his friends in dozens.
W e 2 5 -will have occasion fu rth e r on to consider w ho are political prisoners according to th e F ren ch definition of political crime (page 2 9 ).

As regards th e treatm ent of political prisoners in F rance to-day, I refer Political # th e reader to th e interview w ith Professor Léveille, published elsewhere, France to-day.
and to th e letters of Count A lbert de M un, M. Godré, P a u l de Cassagnac, J et*i?rs Gounfc and th e other em inent opinions from France, p rin ted tow ards th e end of th is pam phlet.

“ P olitical prisoners, ” says M .


Léveille, 11 w ear th e ir own dress, receive visits from th e ir friends ” (this la tte r privilege enables prisoners in F rance to h o ld v irtu a l levees, some of th e prisoners h av in g fifty or sixty persons on th e ir v isitin g lis t), a n d need n e v e r m ix w ith th e o th er u In a normal condition ” says C ount A lb e rt de M un, p riso n ers.” “ political offences a re n o t stric k e n b y a n y p u n ish m e n t exceeding fine or d eten tion.
M ost c e rta in ly ,” he adds, “ i t is u n ex am p led th a t w rite rs o r political perso ns should be su b jected to th e tre a tm e n t of com m on crim in als.” e A un* c* So m uch fo r F ra n ce .

I f W m .

O ’B rien w ere a F re n c h politician he w ould have been su bjected to custodia honesta—t h a t m u ch is certain.
* T he le tte rs w hich I am enabled to p u b lish fro m C anada a n d th e Canada and U n ited S ta te s show w h a t those c o u n tries w ould do h a d th e y a n y United States, p olitical prisoners to ta k e ch arg e of.

The tre a tm e n t to w hich th e w ar prisoners in th e S ta te s w ere subjected was, as is well k now n, v e ry liberal.

T he U n ited S ta te s h a s alw ays recognized th e difference betw een crim inal acts a n d political violations of public regulations.
I hold in m y h a n d a le tte r fro m th e H on.

Thomas N .

H a rt, th e p resen t M ayor I do n o t publish his letter, because, of B oston.

M r. H a r t is a n ti-Iris h .

to say th e least of it, i t is offensive ; nevertheless, M r. H a r t is con­ stra in e d to say : “ I t is quite certain, in m y m ind, th a t political prisoner» Jefferson Davis was, under our should not be treated like common felons.

law , a political crim inal, and we treated him accordingly.
So we did w ith others.” T he proceedings of th e In te rn a tio n a l Congress on prison discipline, international w hich m e t in 1872, in th e H a ll of th e M iddle T em ple, London, affords ^ §72Cog^ress us an o p p o rtu n ity for learn in g th e custom of all E u ro p e and A m erica, markable pro- w ith reg a rd to political prisoners.

T he e x tra c ts are ta k e n from a v e ry ceedings.

able le tte r b y D r. Sigerson, w hich appeared in th e Freeman of J u ly 12th.
The President of the Congress was the Earl of Carnarvon.

The Right the Hon.

Mr. Bruce Lord ( AbersdareJ, the Home Secretary, addressed Congress and ivelcomed the foreign delegates, who included representa­ tives from all the European nationalities as well as from the United States.

Captain Ducane and the Hon.


Charles Bourhe, Chairman of the Irish Prisons’ Board of to-day, assisted at the meeting, and inasmuch as no dissent is their party their concurrence in the recommendation, which recorded on 26 followed the deliberation* o f the Congress, must be assumed.
A t th e Congress, C ount A dolpho de F oresta, w ho was p resen t as th e rep re se n ta tiv e of th e Ita lia n G overnm ent, proposed fo r consideration, a n d a fte rw a rd s em bodied in a reso lu tio n w hich w as passed, th e questio n : OustocLia Honesta,* “ Ought a kind of im prisonm ent, consisting in a mere deprivation of liberty, w ithout obligation to w ork, and w ithout contact w ith other prisoners, to be ad­ m itted for special crimes not im plying any great perversity ?” M r. Pols, delegate from th e N etherlands, rem arked th a t political crim es should come u n d er th is head, and th a t, in m ost countries w here penal codes had been draw n up, such honourable custody had been adopted.
The In ter­ national dele­ gates discuss association.

forgers, for duels, is evidently excessive.

C ount de F oresta w ould include a ll persons g u ilty of duels and “ I n th is category he would press offences of any k in d w hatsoever.

place persons im prisoned Simple press offences, &c. p riv atio n of lib e rty w as enough for such an offender.
To sh u t him in a cell, to set him to compulsory labour, to associate him w ith thieves the an d persons g u ilty of these offences are frequently w ell educated, young, and uncorrupted.

Sim ple detention in a fortress, w here th ey could read, w ork on th e ir ow n account, and see th e ir friends, w ould be a suffi­ cient punishm ent.
B y not m ixing them w ith other crim inals, by not even placing them in th e same localities, nor under the same denom ina­ tions, th e sentim ent of th e ir personal dignity w ill be preserved.

.

.

.

I t is not a privilege w hich I propose, b u t an act of justice, for ordinary p unishm ent is too severe, and, moreover, u n ju st, w hen applied to this class of crim es.” .

L e t us consider th a t Infraction of law does not imply criminality.
The Congress in favour of simple deten­ tion for certain crimes.

Professor "Weldimiroff (for B ussia) concurred, th a t simple infractions of the law did not imply criminality.

The H on.

T. B. Chandelier, speaking for th e U n ited States, said th a t th e principle was recognized there.

D r. M arquardson, representative of th e B avarian Government, said the code adopted in B av aria th ree years previously estab lish ed.

th e system of cus- todia honesta.


T he resu lt of th e debate was en tirely in favour of Count de F oresta’s proposal.

A resolution w as passed.

The w ording is some­ w h a t peculiar, b u t th e m eaning, ta k e n in conjunction w ith th e foregoing statem ents, is perfectly clear.
T he Congress u expresses'its desire th a t in th e various penal codes, fram ed or amended, crimes of passion, not implying great perversity, should n o t be punished only by (i.e., by m ere) ordinary imprisonm ent, b u t by simple detention in a fortress or other secure place, w ithout the cellular system , obligation of w orking, or confusion w ith those sentenced to ordinary im prisonm ent.— 11 Transactions of In tern atio n al P en iten tiary Congress.” London, Longmans, 1872.
P olitical offences are, of course, “ crimes of passion, im plying no great p erv ersity .” Indeed, as a rule, political prisoners,, are men of lofty patriotism , whose crimes, thoug h “ of passion,” really im ply no perversity w hatsoever.

2 7 T he knowledge of the resolution passed by th e In tern atio n al Congress Journal and the m i«ht have k ep t L ord Salisbury and his Governm ent out of all th e ir trouble congru, w ith respect to Irish prisoners.
W ell m ight th e Freeman s Journal, ot Ju ly 12th, 1889, ask— “ W as th e re ever a m ore ex tra o rd in ary pronouncem ent in favour of th e class fication of prisoners?

W as th e re ever a m o r e rep resen tativ e opinion expressed ag ain st th e enforced association of different classes of prisoner's or of offenders w hose m oral g u ilt differs in degree or in substance ?
The whole system of common deg radation denounced a t an In te rn a tio n a l Congress by représentatives of G reat B ritain and Ire la n d , all the Bowers of E urope, and th e U nited S tates of A m erica .

.
.

A nd y et, in face of all th is, L ord C arnarvon, th e P resid en t of th e Congress w hich passed th e resolution in question, can su p p o rt a G overnm ent w hose every a c t m connection w ith prison discipline, is a d ire c t violation of th e very p r n o i|le s e n- bodied in th e in tern atio n al resolution to w hich he assented.
A nd L o id A berdare, — M r B ruce th a t w as— having swallow ed a t a gulp th e L iberal opinions w hich c h a r a c t e r i z e d him some sh o rt five years ago, th in k s very little of accepting th e chairm anship of a C om m ittee of In q u iry into p r i s o n discipline, forced b y th e term s of th e L etter of In s tru c tio n defining th e scope of its in q u iry , to disregard absolutely th e principle of classification.
B ut, w o rst of all, M r. C harles B om ke can find it c o m p a t i b l e w ith his i d e a s of consistency, to be th e p rin cip al ad m in istrato r of a noxious prison system , th e chief ch aracteristic of w hich has been th e confoundin of th e illegal w ith the crim inal, of m oral g u ilt w ith infringem ent of tem p o rary re ­ gulation ;°th e common deg rad atio n of th e p a trio t an d th e c r i m i n a l — practices all stron g ly, d irectly , an d diam etrically opposed to th e le tte r and th e s p irit of th e conclusion or recom m endation in w hich he, th e p re se n t C hairm an of th e G ene,al P risons’ B oard of Ire la n d , acquiesced, as a m em ber of th e In te rn a tio n a l l u s o n Congress of 1872.” Mr. Balfour’s I t m ay be stated generally, th a t all over th e Continent, political policyi osed The custodm Konesta exists m ^en to th e prisoners are distinguished from crim inals Germ any and in A ustria, in w hich la tte ” State we have th e ofhcial state- Russia.
m ent, “ th a t political prisoners are absolved from w earing prison clothes E ven Russia, w hich is supposed to be sem i-barbarous, treats th e N ihilists as men wh o may be guiltless morally.

The prisoners are tak en to Siberia apart from common criminals, th ey are allowed to possess books and furniture, and to bring th e ir fam ilies along w ith them .
Mr. Lansdell s ‘ T hrough Siberia,” issued in 1882, says th a t » P o litical exiles go to prison for a sh o rt tim e, or n o t a t all, and are th e n placed in v i l l a g e s an d to w n sg, w here th e y follow tra d e s and professions, and earn th e ir livincr The severest case of p u n ish m en t of a p olitical prisoner I m e t w ith was th a t f T^-V.ir Lr •« N ih ilist ‘i t K a r a w ho h a d d a ily to go to w o rk in th e gold m ines, b u t on’ his r ^ u r n i ^ he had a^ o o m To him self, s l e f t his own fu rn itu re , fittings, and .
books.” # M r. B alfour’s policy is, th erefo re, n o t only in contradiction to consti- tutio n al custom at home, b u t is also opposed to th e practice of every civilized, an d even sem i-civilized, n atio n in th e w orld.

The indications afforded to us b y international law are extrem ely “ dI.

notion b etw een political offenders and crim inals is t i0n refusedfov Tiir* " M ,.

D A .
O’Sullivan, of Canada, whose “ m ay be found under th e Canadian Protest, quotes a few lines from Y e a m a n V ' Study of G overnm ent.” P olitical w riters, M i. Y earnanobseijes, have not failed to notice “ the jealousy and firmness w ith w hich all modern nations refuse the extradition for tria l and punishm ent of fugitives, chaiged 2 8 w ith political offences; and that circumstance ought to impress upon them, the care w ith which they should proceed to the punishment of their own citizens fo r the like offence.”— (T eam an, “ S tudy of G overnm ent.”) A nd again :— “ From th e rig h t and duty of surrendering such criminals, extraditio n for political offences is alw ays excepted, and there is a sufficient foundation for th is in th e common sentim ent of m ankind.
T h at sentim ent points to w h at m ay u ltim ately become th e m unicipal as w ell as the in te r­ national law .” No country has more clearly defined its position w ith regard to th e e x tra ­ dition of political offenders th a n G reat B ritain.

I t has been th e boast of E nglishm en th a t any political refugee of any country, no m atter how deeply he m a y h a v e sinned against th e common instincts of hum anity, m ay find w ith in its shores ©f G reat B rita in a ready asylum .
From Orsini to B ou­ langer— all are welcom e. Lord Palm er­ ston’s Govern­ m ent defeated on a question concerning political refugee» I n 1858 Lord Palm erston introduced a m easure to th e House, which, if passed, w ould have considerably dim inished E ngland’s popularity as the covert of fleeing politicians.

H ow was th e proposal received ?
Lord D erby said : “ N ot for the security of th e sovereign of France, or of all th e sovereigns of E urope tw en ty tim es over, w ould I violate in the slightest degree th a t sacred rig h t of asylum to foreigners, by w hich our history has been alw ays characterized.” M r. Gladstone sa id : “ These tim es are grave for lib e rty ,” and de­ nounced a m easure “ w hich attem p ts to establish a m oral complicity betw een us and those who seek safety in repressive measures, and w hich w ill be a blow and discouragem ent to th a t sacred cause in every country in th e w orld.” Mr, W .
J .

F o x declared th a t if assassins came into England, th ey had come from countries whose Governm ents made assassins.

Lord Jo h n B ussell was appalled a t th e idea of purchasing the good­ w ill of foreign powers by destroying th e old established system.
H e refused to support th e m easure or share in th e “ shame or hum iliation of it.” M r. R oebuck : “ I t has been our boast for ages th a t we have given an to every political offender.” M ark the words, asylum , a safe asylum, political offender.

T he m easure w as defeated b y a m ajo rity of 19 in a House of 449 members, and Lord P alm erston’s governm ent was forced to resign.

E n g lan d has alw ays resented in any other land th e confusion of political offences w ith crim inal acts.
W itn ess h er action in regard to the Neapo­ litan prisoners—perhaps th e only tru e parallel to be found in all history to Mr. B alfour’s policy in Irelan d. G reat B ritain boasts, in fact, th a t she is th e custodian of th e lib erty of th e world, and she w ill never, we m ay be sure, lend herself to th e extradition from her shores of a foreigner w ho has sought her hospitality, provided that his offence is a political one.

England’s oreign action.


2 9 Is it not, however, logically and politically .t a r d to^tuso to extradite A n refugee bccause h is offence is a p o litical one, and a t th e same tim e ■treat our ow n-political prisoners, as if such a th in g as a p o litical offence l'il not ex ist th u s enco u rag in g fo reig n natio n s to tr e a t as crim inal, w h e n ^ th e ir h m d s , th e m en whom E n g lan d refuses to e x tra d ite , on account of th e n on-crim inal n a tu re of th e ir offence .
C o n stitu tio n al custom in E n g la n d and Ire la n d fo reig n P ^ c e a n d v ^ b e e » • i. lnw Vinvinff now b een exam in ed each m tu rn , 1 m ay Ia*r iy Í m I th in k , to h ave proved th a t p o litical p riso n ers should be classified ap art’from th e o rd in a ry crim in al.
The question now arises, are the Irish Crimes Act prisoners political Are t h e s e s 9 Qatïip -noo-nlp w ould consider i t superfluous to arg u e th is m a tte r, political absurd1 to say that the Crimes Act — » I w r s aie no t political prisoners; nor do,1 intend to en ter into any prove.

elaborate argum ent to knock down a supposition so p a te n tly ridiculous.
I t is of ten easier in m ath em atics, to prove a comp ex problem th a n to logically dem onstrate th e accuracy of an axiom, because you have no I n th e previous dem o nstrated tr u th to a id you in th e la tte r w ork.

+1 icrp hpincr in E nerland no d efin itio n o t a p o litic a l X n c e T is somewhat difficult to prove in the abstract th at members of parliament and others convicted under the S treated as political prisoners.
Precedent, therefore, a t all events, to Î L e S Æ d "under the present Act w e » * * - S u p o n o u r side.

# T h e F r e n c h people have not been so reticent on the subject,.and defln?™n of n u m e r o u s French statesmen have, in various official documents, defined th ™term ^ political offender.” M. Thiers, for instance in a m i n i s t e r i a l ««end» •p d tQ en- ) occasionof acts, of a political nature, these fav0urs ; it is necessary ^ under the in forced to work.
B ut one conditio seclusion or im pnsonm ent for act , may, w ithout any soit of scandal, be that it should be t o r u n a t ^ ^ f l u e n c e o f t h e i r opinons- Thuinad of money or other movable objects, or g CQuld not be considered but as simple give themselves up, w hether to t Le P (unless particular circumstances establish a to any other ordinary crime a^a W e x c e p t as a simple political crime.

The malefactors ; while the pillage .


* in a politicai m0ve- contrary presumption) cannot be con j ror th eft Gr for any other dishonourable presumption should be equally ag , ment, if they had previously men have taken action.

In these cases the admimst- ‘| ° ^ t?

p ü " u d devastation.

Their place is part in political troubles only wit .

j p ^ n e d for ordinary crimes, w ithout there then m arked in the quarters of .
t h o s e condem ned for o ^ i n a r y ^ ^ ^ F ^ being moral ground for accord * h an association.

Those condemned f o r classed in the category o f po litica l naturally convicts 30 T h e la s t p a ra g ra p h is p ecu liarly significant.

M .

T hiers w ould h a rd ly have classified M r. H a rrin g to n as a crim inal because h e p u b ­ lish ed in h is p ap er o u tspoken com m ents on th e adm in istratio n of th e Coercion A ct.
I n th e p h rase, “ m en a c tin g u n d e r th e influence o f th e ir opinons,” w e hav e a v e ry fa ir definition of w h a t co n stitu tes an I say advisedly, non-crim inal, because, offence w h ich is non-crim inal.

n a tu ra lly , a n ti-v accin ato rs a n d su ch -lik e offenders w ould com e u n d er th e sam e definition.

Development of definition.

A p o litical offender, th en , is a m an w ho acts u n d e r the influence of his opinions.
T he te rm “ o pinions” m u st, of course, be stric tly limited to opin­ ions upon public waiters, vpon which there is room for legitimate difference o f opinion.

T h e m u rd e re r has an “ o p in io n ” th a t it w ou ld be ad v an tag e­ ous to h im to slay his v ictim , and in so far, he acts u n d e r th e influence of his opinions.
T h e fo rg e r th in k s it w ould be profitable, too, to sign a n am e o th e r th a n h is ow n, on a cheque fo r £ 1 ,0 0 0 , and h e acts accord­ in g to his opinions.
T he W h ite c h a p e l assassin m ay have th e very best in te n tio n in p u rs u in g his e rra tic course in "W hitechapel, and h e m ay be said “ to a c t u n d e r th e influence of his opinions.” B u t th e p rev alen ce of m u rd e r a n d fo rg e ry w ould e n d an g e r th e v ery existence of society, th e prev alence of offences ag ain st public regulations only w h ereas te n d to ch an g e th e law o r co n stitu tio n , o r th e ex istin g relation o f c e rta in classes to th e re s t of th e com m unity.
Two things to be proved.

W hat the Irisai P a rty claimed.

A m an w ho claim s t h a t h is offence is political m u st prove two- th in g s — 1st.

T h a t he acted u n d e r th e influence of opinions, w hich he h e ld n o t in re g a rd to an in d iv id u al or individuals, or questions affecting !

th e m o r him self ; b u t in re g a rd to th e established sta te o f th e c o m m u n ity 2nd.

H e m u st as a w hole, o r classes of th e co m m u n ity as classes.
prove th a t th e acts w hich he co m m itted u n d e r th e influence of such opinions, do n o t th re a te n th e ex istence or safety of society, or of in d i­ v id u als.

I f a m an can prove these points, his offence m u st necessarily ; be a political one, or, a t all events, a non-crim inal one.
A lu n atic or a ; crim in al (and J a c k th e R ip p e r is b o th ), m ig h t prove th a t his action w as ^ co n so n an t w ith th e first condition, b u t u n d e r no circum stances could he prove th a t it is consonant w ith th e second.
The I ris h m em bers n e v er claim ed th a t crim e ceases to be crim inal because it m ay be in stig a te d b y political m o tiv es; b u t th e y have ir claim ed, an d claim still, th a t m ere offences 11 a g ain st public order,^ “ affecting m en, n o ta s in d iv id u a ls ,b u t a sm em b erso f th e com m onw ealth,” as B lack sto n e says, should be d istin g u ish ed from crim inal actions, w hen such offences are th e re su lt of political opinions, held b y th e offender.
T he [Nationalist p a rty is striv in g to repeal th e A ct of Union, an d possibly to abolish landlordism — th a t is to say, th e y are endeavour­ in g to effect a change in th e C onstitution a n d of th e relations held by one class to another.

Offences mala in se and mala prohibita.

T here are two classes of offences ag ain st th e law of the land offences mala in se, and offences mala prohibita.
As long as the Irish members and Crimes Act prisoners can honestly say that their offences are only m la prohibita (that is to say, that the offences imply no moral perver- eity) ; they are justified in asserting th at they are political prisoners.

That their offences are mala prohibita, or merely offences against public regulations, is proved by the fact th a t numbers of ministers of religion have thought it their duty to commit these offences.
Many of the priests convicted under the Crimes Act considered that their offences were not mala prohibita, but bona prohibita.

W hat is wrong in itself in law must be so also in religion.

To the English and Protestant mind, the fact that priests have by word and deed shown their warm approval of various 4‘ heinous offences” carries no significance.

To the Irishman and Catholic it is proof positive that there is nothing to be ashamed of in these offences ; that, in fact, they are merely mala prohibita.
Shortly, therefore, I iv o u ld define a political offender as a man who, acting under the influence o f opinions which he holds upon public matters, upon which there is legitimate room fo r difference o f opinion, commits an offence which is only malum prohibitum.
Definition of political offender As regards boycotting, and certain forms of combination and con­ spiracy, precedent shows that they have hitherto been considered political offences, whenever they were the result of political feelings or opinions, provided that such offences did not develop into criminal action.

After all, what is boycotting but one of the best principles of trade-unionism ?

Previously the principle, as exemplified by combinations among tradesmen, was illegal; it is now legal.
We have learnt sense.

Boycotting and trades unionism.

I do not intend, as I said, to enter into an elaborate argument as to whether the Irish Crimes Act prisoners are political offenders or not.

I have touched upon the m atter of motive, simply because the Tory press and party have been harping upon it, and misrepresenting the Nationalist position, on the relation of motive to act, in the most shameful manner for the last three years.
Selfishness is th e true mark of crime, and no one can accuse Mr. Selfishness William O’Brien of selfishness, whatever his faults may be.

The Coercion Act was an Act passed to stamp out the National League, a political organisation.

I t makes that a crime in Ireland which is not a crime in England.
I t is disapproved of by five-sixths of the par­ liamentary representation of Ireland and a very large minority of the representation of England and Scotland ; by, in fact, the whole of that political party which for the tim e being is out of power.—(See E arl of Cavan’s letter, end of pamphlet.)

the Liberal P arty were to-morrpw morning, the Coercion Act would be repealed within twenty-four hours, and every prisoner convicted under it liberated a t once.

This is un­ deniable.


The assertion is not unlikely to be proved to be true, within the next couple of years.

There could be no better proof that the Irish Crimes Act prisoners are political prisoners.

The assertion, however, to come into power If The Coercion Act considered The Liberal P arty would to-morrow release the “ crim inals’ if they could.

T he Daily Telegraph and Mr. Balfour.

Our case proved.
Our case proved.

th a t the Irish members of parliam ent and the Crimes Act prisoners, are not political prisoners, is so absurd, as I have said, th at I do not think it w orthy of further notice.

Thë words of th e Daily Telegraph, although printed elsewhere in this pam phlet, may here be produced w ith advantage :— “ N obody in p riv a te life,” says th e D a ily Telegraph, “ considers, or affects to consider, th a t M r. Dillon, M r. O ’B rien, or others, are on a level with, b u rg lars or thieves.
W e know th a t th e ir m otives are qu ite different, an d th a t th e le ad er of an in su rrectio n m ay be an honourable an d pure-m inded m an.

W e m u st also be ever ready to m ake special allow ances for Irishm en.
T hey read in y o u th th e record of a generous an d im pulsive people, w ho m ig h t easily have been won b y s ta te c ra ft a n d kind ness, b u t who w ere tre a te d w ith stu p id b ru ta lity by th e stro n g er n atio n a t th e ir side, th e ir tra d e in ju red , th e ir creed insulted, th e ir lib e rtie s denied.
I n la tte r years th e y found them selves in a P arliam en t th a t g ra n te d n o th in g to reason, b u t ev ery th in g to outrage an d obstru ctio n , th u s te m p t- j in g a w hole people to th e use of force.

T h e sy m p ath y of ed u cated m en for poor peasan ts, h o w ev er, even w hen it goes too far, is n o t reprehensible.

T he ab ility an d earnestness of m any P a rn e llite m em bers are enough to have won th em fam e a n d w ealth in m an y no n-p o litical careers.
W e th in k , therefore, th a t to m easu re !

o u t to hum ane, h o t-h ead ed m en th e sam e k in d of degrading p u n ish m e n t th a t is- aw ard ed to rio ters or m o onlighters, is, to use th e m ild est language, a deplorable m ista k e .” To enforce prison dress is illegal.

I f M r. D illon and ]\Ir.

O’B rien are not on a level w ith th e burglar o r th ief, if th ey are n o t crim inals, th ey m ust be political offenders.
On th e 13th Septem ber, 1887, speaking on th e A ppropriation B illr I M r. B alfour said, “ he entirely conceded th a t political offences ought to- j be distinguished from offences th a t w ere non-political.” D a ily Telegraph— “ T h e C rim es A c t prisoners are poli- tical prisoners.” M r. B a lfo u r — “ Political prisoners should be distin- guished from o rd in ary crim inals.” A clear case p ro v ed fro m th e m o u th of tw o enem ies.
T he Iris h C rim es A ct p risoners a re political, an d th e y sho u ld be tre a te d as political prisoners.

A s I h av e said before, th e re is som e re a so n to d o u b t .w hether th e a tte m p t to force W illia m O’B rien , a n d su ch -lik e prisoners, to w ear p riso n clothes, w as legal.

T he prison u n ifo rm w as originally intended as a sa n ita ry reform , a n d w as in tro d u c ed w ith a benevolent in ten tio n by th e S tate.
I t has long, how ever, been considered a g a rb of d e g ra ­ d atio n .

“ T his dress has too long been associated w ith all th a t is vile and con­ tem ptible to be assumed by lesser offenders w ith o u t a sense of degradation, a shock to th e self respect, which should never beunnecessarily inflicted ” (see A berdare E eport).
T h e regulations contained in th e 109th section of th e Prison Act, 7th George IV ., cap 74, d irectly im plies th a t non-paupers, th a t is, prisoners w ho have sufficient means to support them selves, shall be at liberty to su p p ly th e ir own garm ents, nay, fu rth er, have n o t th e rig h t to expect to be clothed at th e expense of th e S tate.

The 19 & 20 Vic., cap.


68, Rome Acts con* orders th a t prison dress shall be worn by all prisoners, w h eth er th ey are Sldered- able to support them selves or not.

The A ct here m entioned, was passed m 1856, w hen th e prisons were under th e adm inistration of th e old B oard of Superintendence.

The Prison A ct, 1877, 40 and 41, V ictoria , cap.

49, abolished the Board of Superintendence, and established the General Prisons Board of th e present time.
I n th e rules for th e regulation of local prisons,'w e read__ “ I n pursuance of th e General Prisons (Irelan d ) A ct, 1887, we, Francis Thomas De Grey ; E arl Cowper, L ord L ieutenant-G eneral and General Governor of Irelan d, w ith the approval, advice, and consent of th e P rivy Council of Ireland, have settled, and hereby approve of th e foregoing rules made by th e Prisons Board of Irela n d .” H ule 28, relatin g to prison dress, is as follow s— • _conv^ct e(^ crim inal prisoner shall be provided w ith a complete prison dress prison dress, and shall be compelled to w ear i t .
” rule .

l u le> it w ill be seen, implies th a t every .prisoner m ust w ear a In 'principle pnson dress, w hether com petent to support him self or not.

i U dlrecth) contrary to the principle embodied in the f i n 'f 109th section of the Georgian A ct, already alluded to.
Now, th e last parag rap h of section 12 of th e A c t, 1877, esta b lish in g th e General Prison .Board, reads— m No rule shall be made by the General Prisons Board inconsistent with any of the regulations contained in the 109th section of the A ct of the 7th year of the reign of King George IV ., cap.

84.” reoar(^ I1g‘ prison dress, therefore, adopted by the General -r, .

- ^ e Prisons Board, cannot be valid, and its enforcem ent is illegal.
I t seems o me th a t if th e provisions of the A ct of 1856, w ith regard to prison dress, were intended to be continued in th e new Act, a provision would, or ought to have been added to th e section of th e A ct of 1877, som ewhat to the ioiiowmg effect :— “ Subject to any alterations or amendments effected in the said 109th section oi said A ct by the provisions of the A ct of 1856.” This point was first raised in an able le tte r in th e Freeman's Journal o J anuary 5th, 1888.
A m em ber of P arliam ent m ay never again be asked o w ear prison dress in Ireland, owing to the recent modifications in the rules; but it m ay be advisable for lesser politicians to test th e legality of rule 28 oi the Prisons Board, if it is again attem pted to enforce it.
• in ILngland, d espatch ed a le n g th y disquisition on th e prison s y s t e m s March letter to ot E n g la n d an d Irelan d , to M r. B alfour, and, h av in g been revised b y the Times' B arr, th e notorious surgeon of a local prison Barr-S im, it was sen t on to th e london Times fo r publication, on M arch 9 th (see Hansard on th e subject).
D r. B a rr proves to his own satisfaction 3 34 w h a t v ery few people d isp u te , th a t th e tre a tm e n t of a com m on convict is so m ew h at b e tte r in E n g la n d th a n in Ire la n d .

T h at, however, h as n o th in g to do w ith th e m ain question, w hich is, w h e th e r th e Irish C rim es A c t p riso n ers should be placed in th e crim in al class a t all.

D r, B a rr d e a lt a t som e le n g th w ith th e d ietary .

H e fo rg o t to m ention, "The dietary •question.


A how ever, th a t th e Iris h C rim es A c t prisoners, who are, as a rule, s h o rt­ curious ano­ term m isd em ean an ts, a re p laced u p o n a d ietary , a g re a t deal inferio r to maly.

The treatm ent of the I t is one of th e anom alies of th a t w hich th e o rd in a ry felon receives.
Crimes Act 0 f 1 8 7 7 , th a t th e sh o rte r th e te rm of im p riso n m en t, th e m ore prisoners com- S fttíefeion!hat severe is th e p u n ish m e n t w ith in th e jail.

T he B en ch sen ten ces a m an to a sh o rt te rm of im p riso n m e n t because his offence is slig h t. The p riso n m ak es th e n a tu re of his confinem ent m ore rigorous^ because it is sh o rt.

Two m en a re convicted, an d se n t to prison.


One is a Crimes A c t p riso n er, w ho has co m m itted a n offence a g a in st p ublic order, and w hose sen ten ce is u n d e r one m o n th .

T he o th er is a d a rk a n d d a n g e r­ o u s c h arac ter, w ho has, p erh ap s, been trie d a n d convicted of a hom icide, com m itted u n d e r th e m ost re v o ltin g circum stances, a n d has escaped th e o-allows only b y a legal te c h n ic a lity .
T he political offender is a sh o rt-te rm m isd em ean an t. T he o th er is a m an w hose crim e has b ro u g h t dow n u p o n h im a sentence a m o u n tin g to m an y y ears of confinem ent.

T h e felo n -is re fa c to ry — he is p u t tw ice u p o n “ p ro b atio n .’7 D a rin g th e first th re e d ays th e relative tre a tm e n t of th ese tw o m en is as follows (Freeman, A p ril 19th) :— P O L IT IC A L O F F E N D E R .

( w ell- conducted).

B re a k fa st—8oz b re a d (and w ater).


D in n er—6oz.

m eal, h alf In d ian , oaten, as stira b o u t (and w ater).

C R IM IN A L H O M IC ID E .

(Ill-conducted).

12oz.

b read .

1 p in t coffee.

half Soz.

b read , 11b.

potatoes, 1J p in t oxhead soup (two days).

12oz.

bread, 12oz.

bread, 1J p in t oxhead soup (two p in t coffee (tw o days).

days).

12oz.

b read , J p in t new m ilk (one day).

S u p p er—Soz.

b read (and w ater).

8oz.

bread, 1 p in t cocoa.

P la n k bed.

M attress.


T heir d iet for th e first four w eeks is— P O L IT IC A L O F F E N D E R .

(W ell-conducted).

B re a d —474oz.

Cocoa— pi nt s Coffee—none S u e t P u d d in g — 3lbs M ilk — 50 p in ts S oup—4 J p in ts (w eak ) P o ta to e s —3lbs M eal (h a lf o aten , h a lf In d ia n )— 1 J ib C O N V ICTED H O M IC ID E .

(Ill-co n d u cted ).

864oz.

28 p in ts 36 p in ts none 3 p in ts 24 p in ts (good) 81bs.
none The political offender during th is period has received l | l t \ more meal, 3 lbs.

more suet pudding, and 47 pints more m ilk.

The convict, on the other hand, has received more food by 390 oz.

of bread, 20 pints of soup, 35 5 lbs.

potatoes and 14 pints of cocoa or coffee.

I n addition to all th is the convict passes his n ig h t on a m attress.

The political prisoner, as a short­ term m isdem eanant, is liable to have the plank bed during the whole of the term of his im prisonm ent.
I t is clear, therefore, th a t th e political prisoner, in being treated as a short-term m isdem eanant, is subjected to a harder system of prison discipline th an th e insubordinate felon in a convict prison.

I t m ay be said th a t this short-term sentence is rendered more Why the feit/if severe in order to m ake it deterrent, b u t th is is surely th e d uty of th e is weU tre\lte4* judge ra th e r th a n of th e jailer.
The reason w hy th e long-term convict is not placed under th e harsher regime, is sim ply because th e prison authorities know th a t subjection to such treatm ent, w ould mean th a t in six m onths th e unfortunate m an would either be in hospital or in th e grave.

I m ­ prisonm ent is healthy, according to D r. B arr, and perhaps it is—for the convict.
B u t if th e treatm ent is considered too severe for th e felon, who has years of h ealth y im prisonm ent to undergo, w hy should it n o t be con­ sidered too severe for the political offender?

I f a political offender can w ithstan d it for a m onth, w hy cannot th e ordinary crim inal, whose health, we are told, is so w ell looked after in th e ja il?

The tr u th of it is, th a t the jailer has taken upon him self th e office of th e judge.

The diet is a starvation one.


I t is only w hen a m an comes out of th e ja il after a m onth’s such treatm en t th a t his constitution begins to fail, and to show the effect of th e treatm ent.

Such treatm en t tu rn s prison life into a torture, and threatens th e health of men, whose offences th e judge has condoned as slight, in inflicting a short term of imprisonm ent, .
Xt w ould serve no good or useful purpose to go into all the phases of The receitt prison discipline in th e ir relation to th e Crimes A ct prisoners.

Owin^ to m?difica.tion ^ the terrific force of public opinion brought to bear upon th e subject, and ?5f?neîoc**- the energetic action of M r. Sexton in Parliam ent, Mr. B alfour was forced cessioiw to m ake some changes in th e Iris h prison discipline, w hich w ill be found a t th e end of this chapter.
I t w ill be observed th a t th e rules speak everywhere of “ crim inal prisoners,” and if th e Irish Crimes A ct prisoners aie included in th e rules, it is only because the law now m akes them criminals.

The am endm ent of P u le 18, in favour of prisoners aw aiting trial, does not concern us.

The only alteration made is th a t visitors m ay now stay more th an a q u arter of an hour w ith the prisoner, if such be ap­ proved of by th e General Prisons Board.

E ule 36 is of no significance.


P u le 44, as m ay be seen, is practically unaltered, R egarding P u le 35 and E u le 28, on Ju ly 4 th I addressed a le tte r to th e Freeman's Journal, over th e signature “ N em o,” from w hich th e following arc extracts ;__ “ Every sensible m an agrees with you th a t if any distinction is to be made between a i H political prisoners and common criminals, it should be based upon the principle of AAetter; classification.
Viewed in this light, the proceedings of Lord A berdare’s Committee and the recent modification of the rules regulating the discipline of local prisons are not m e re ly ‘ unsatisfactory,’ but they are positively harmful.

You have m o re ’than once referred to these modifications as ‘ concessions ’ wrung from the Government.

■Let us see shortly what the ‘ concessions ’ am ount to.

The hair clip- 4>mg rule.


“ R ule 35, framed by the Prisons Board of Ireland, previously read as follows— ‘ Each male prisoner shall havç his beard clipped or be shaved at least once a week 9 unless specially exem pted by the governor or surgeon.

’ 36 “ Now it w ill surprise m any, no doubt, to learn th at the governors of the various jails, where Irish parliam entary prisoners have been confined, had this optional power all along.
You will observe, sir, th at this optional power is not fettered by any limitation If the governor believed that the as to the grounds upon which it could be exercised.
Crimes A ct prisoners were political prisoners, and that, therefore, they should be ‘ subjected,’ as you say, to a ‘ distinctive m ethod of treatm ent,’ it was in his powar, if he liked, to exercise th at power to ‘ specially exem pt ’ a Crimes A ct prisoner or m em ber of Parliam ent from the degradation which attaches to the clipping of the hair.
“ T h e rule, as am ended on A pril 3rd, says— * “ ‘ T h a t each male prisoner shall have his beard clipped, or'be shaved once a-week unless specially exempted by the governor or surgeon, on tb e ground th a t same is not necessary for th e purposes of health or personal cleanliness.'

T his m odification confers no new pow er upon the governor or surgeon, since, there previously being no expressed lim itation of their powers in this m atter, they could ‘ specially exem pt * upon any ground they choose.
Now, however, they can only exempt on the ground of h ealth or personal cleanliness.

T h e governor previously possessed an optional power, the application of which was practically limitless.

H a W hat becomes now possesses an optional power, th e application of which is specifically forbidden ^>f the conces- except upon one stated consideration.
Before A p ril 3rd he could exercise his discre­ 31011. tion upon any ground he pleased ; since th a t date he can only act upon one ground—■ viz., personal h ealth and cleanliness.

W h a t becomes of th e ‘ concession?’ Far from being a concession, th is change in th e priso n rules is p o sitiv ely a stre n g th e n ­ ing of th e objectionable system .

is of im portance, since L ord A b e rd a re ’s C om m ittee has expressed an opinion in fav o u r of th e continuance of R u le 35, as am ended.
B u t people should n o t be deluded in to th e idea th a t any concession has been m ade.

T he change was clearly in ten d ed to convey th a t im pres­ sion.

I t is th erefo re desirable th a t we should fu lly u n d e rsta n d th e n a tu re of th e tran sactio n .

T his m a tte r Is this a con cession.

“ R ule 28, th a t w hich deals w ith th e q uestion of prison dress, has been modified on th e sam e n arro w principle of h ealth a n d personal cleanliness.
If you, sir, regard th e ad o p tio n of th e th e o ry of th e classification of prisoners as th e only w ay o u t of th e p re s e n t difficulty, I do n o t see how you can reasonably d u b th e change, even I w ould specially d ra w y o u r a tte n tio n to th e in th is rule, as a ‘ concession.’ opinion expressed by th e C om m ittee of In q u iry — ‘ T h at th e question of w earing priso n dress cannot be decided upon m erely san itary g rounds.’ I t is clear th a t th e only o th e r g ro u n d upon w hich i t can be decided is upon th e principle of classi­ fication.
If M r. B alfour, th erefo re, follows th e recom m endations of his Com m ittee, he will have to am end th e re c e n t m odification in accordance w ith th e principle of - classification.” On.

A p ril 18th, M r. E alfo u r issued his long-prom ised le tte r of in ­ stru c tio n s to a C om m ittee a p p o in ted to in v e stig a te certain phases of p riso n discipline.

On th e sam e day I w ro te as follow s, in th e Freeman's Journal.
The Freeman's I t epitom ises the^Nationahst ^ m a^ position towards th e a ttitu d e ta k e n up by th e I r is h N atio n alists in re g a rd to th e “ con- cessio n s” m ade by M r. B a lfo u r in th e provisional ru les and in the Comnütteeare ap p o in tm en t of L o rd A b e rd a re ’s C om m ittee :— Pai’doned f ° r re-produ cing the article here.
“ W e p u b lish elsew here M r. B a lfo u r’s le tte r of in stru c tio n to L ord A berdare, as C hairm an of th e Com m ittee of In q u iry a p p o in ted to 37 in investigate certain aspects of the prison system of G reat B ritain and Ireland.

W e may say a t once th a t the instructions issued to the Committee are profoundly disappointing.
W e had entertained the hope th a t a full and fair investigation would be made into those parts of the prison discipline which have lately given such offence, and given rise to the fierce struggle and heated controversy of the last two years.

W h at was the object of this great struggle ?


W hat motives actuated those political prisoners convicted under the Crimes Act, who have time after time strenuously protested against th a t policy which condemns to common degradation, those who wished to reform the constitution of the country, and those who offended against the common law of the land.
The course of the agitation has certainly not lain in any desire to alleviate the lot of the ordinary criminal, or render less stringent the rules which regulate the conduct of the felon.

The platform upon which the Irish Nationalists and the Liberal P arty The Irish plat- have taken their stand has been the principle of distinction, the prin- foi':n- ciple of the classification of prisoners according to the nature of their crimes and the motives which moved them to action.
W e were pro­ mised by Mr. Balfour th at the subject should be investigated, and such the system as would be recommended by the changes made Committee of Inquiry.

The alleged character of the offences com­ mitted by certain persons forms, says Mr. Balfour, ‘ one of the grounds* upon which compulsion as to the wearing of prison clothes and the I t is not one of the grounds ; cutting of the hair has been objected to.
it is the only ground, the whole ground—it has formed the basis of the present agitation as regards the political prisoners.

This has been the argum ent which day after day we have been insisting upon and dinning into the ears of the Executive in Ireland.
W hen Mr. Balfour goes on to instruct Lord Aberdare that, inasmuch as the argument involves the whole question of the classification of prisoners, according to the real or supposed motive of their offence, it is not proposed to submit the point to the consideration of the Committee, he simply takes from the inquiry all its substance and its reality, leaving but the empty semblance of a name.

We say th at the Committee of Inquiry is a farce.


inquiry established to enable the Irish Government to escape from the a farce,011111 e difficulties of an awkward position, while still standing by the tenets of their immoral belief.

The Committee are merely asked to offer an opinion, upon the merits of the different arguments, th a t have been brought forward, in favour of a modification of the rules, in respect to the clipping of the hair, and the wearing of prison clothes.
B ut the to be based, not upon principle, not modification, if adopted, is upon precedent, but upon the narrow ground of sanitary conditions of cleanliness and health.
The question of dietary, the question as to whether political and such-like offenders should be brought into direct association w ith criminals—w hether they should be deprived of all the intellectual occupations and resources natural to their class ; whether such offenders should be treated, in fact, as first-class mis- I t is, as we first dubbed it, a collusive inquiry—an ^ d em e an a n ts p r n o t ; in o th e r w ords, th e w hole su b ject of th e classifica­ tio n of priso ners, th e raison d'être of th e p re se n t ag itation, is to he left u n in v e stig a te d , w ith o u t th e p ale, so to speak-, of th is m iseiab lfl in q u iry .
The personnel of the Committee.

Why political Î risoners in ingland have never protested against prison discipline.
“ T h e personnel of th e C om m ittee, does n o t really m a tte r. Lord A berd are, M r. W y a tt, a n d th e th re e d e p a rtm e n ta l priso n officials, w ilB do th e ir ’w o rk w ell fo r th e gov ern m en t w hich th e y re p re se n t. W e v e n tu re to say, now th a t th e bo g u s n a tu re of th e in q u iry is exposed, no lib eral-m in d ed m an w ould co n sen t to serve upon it.

T here is a stino- a t th e en d of M r. B a lfo u r’s le tte r. T he C om m ittee are re q u e ste d !
to ad v ise th e g o v e rn m e n t as to w h a t alterations, if any, sho u ld be m ade in th e ru le s b y w h ic h obedience to prison regulations is en­ forced in view of th e fa c t th a t d elib erate refu sals to obey th e rules, h av e re c e n tly becom e com m on.

M r. B alfour is inform ed th a t these occurrences h a v e ta k e n place in Ire la n d , b u t n ev er y e t in E n g la n d or S cotland.

W h y is t h is ?
W h y is t h is ?

I s it n o t because p o litical priso n ers in E n g la n d a n d S co tlan d hav e alw ays b een tre a te d as such, a n d liavej n ev er been condem ned to th e p e tty m alig n ity , w hich has c h a ra c te riz e * th e policy of th e g o v e rn m e n t to w a rd s th e Iris h N atio n alists .

L e t the* C om m ittee search th e pages of h isto ry .

L et th e m exam ine in to the cases of C obbet a n d o th e r d istin g u ish ed E n g lish political prisoners.
L e t th e m th e n ask th em selv es w h e th er th ese n o tab le offenders w o u lej hav e tam ely su b m itte d to th e sam e tre a tm e n t as has b een m eted o u | to th e Ir is h m em b ers ?

W e com m end th e p o in t to L o rd A berdare.


M eanw hile, we condem n, in th e nam e of those Irish m em bers w ho fcrsj org an ized th e m ovem ent a g a in st th e prison system of Ire la n d , th e bo g u s in q u iry w h ic h has been in stitu te d , an d w hich, to our m m d, is evidence a t once of th e w eakn ess of th e position ta k e n u p by t h j g o v e rn m e n t, a n d of th e ir failu re to face m a m anly w ay th e difficulties!
th e y th em selv es have cre ate d .” Mr. Lefevre's letter to the Daily News.

On A p ril 22nd, a le tte r ap p eared in th e D aily News from M r. S h a \ J L efevre.

C om m enting on this, th e Freeman's Journal a g ain explain^ th e po sition of th e I ris h N atio n alists.
“ M r Shaw L efevre has exp lain ed the question of principle, inyolvei in th e a g ita tio n a g ain st th e p re se n t tre a tm e n t of political prisoners inl Ir e ­ land , w ith rem ark ab le lu cid ity an d force, m th e course or a n n terestin le tte r add ressed to th e D aily News, a n d w hich we rePr° f U° e M o f J T h a t a g ita tio n has been d irected a g a in st a system .
tack lias fallen upon one or two particular points o f that system, it u I f tU J r u n t o ] a t to the exposure o f the whole system.

W e have n o t contended d u n i | th e la st tw o years, m erely be allow ed to w ear th e ir own clothes, a n d grow th a t Irish political P ^ r s shou th e n b eaid s n* luxuriance if so inclined.
I f these tw o aspects, so to speak, of th e m ain question have been b ro u g h t m ore p ro m in e n tly before th e public th a n the o th er and really m ore im p o rta n t phases of th e m atte r, it was sim ply because th e enforcem ent of th e tw o ru les in question is th e o u tw ard an d visible m ark of th a t degradation, w hich has been im posed im p artially upon th e political offender and th e w ife-b eater an d g a rro te r d u rin g th e last tw o years in Ire la n d .
W hen public opinion w as aroused, and th e honest in d ig n atio n of stu rd y lovers of co n stitu tio n a l rig h t, w as excited by th e b itte rly u n ju s t action of th e Ir is h E x ecu tiv e, M r. B alfour, w ho had previously been in eb riated w ith d e lig h t a t w h a t he called his in ­ ability to in te rfere w ith prison discipline, d rew u p a code of provisional rules w hich rem oved to some e x te n t these o u tw a rd m ark s of d eg rad a­ tion, a n d th u s, to quote Mr. Shaw L efevre, ‘ d ep riv ed th e Iris h m em ­ bers of th e ir m ost effective m eans of p ro te stin g a g ain st th e ir tre a tm e n t as com m on crim inals, by relieving th em fro m w earing prison dress.
This, of course, is no solution of th e ^ question, because u n d e rly in g th e objection to these tw o sym bols of crim inal tre a tm e n t th e re is a broad principle— th e principle fo r w hich w e have been fighting, m o th e r what we have words, th e th eo ry of th e classification of prisoners according to th e ir ^ fightmç 1 e crimes a n d th e m otives w hich a ctu ated th em in th e ir offences.
real subject in disp u te is w h e th e r a prisoner convicted fo r a political offence, u n d e r a law expressly passed to stam p o u t a political o rg an iza­ tion, should be tre a te d as a first-class m isdem eanant or n o t t I he h rs t- class m isdem eanant has n o th in g in com m on w ith th e felon ; he does no t sleep npon th e p lan k bed ; he has a separate d ietary ; he is n o t ask ed to associate w ith th e o rd in ary crim inal society of th e jail ; he can see his friends, an d has am ple o p p o rtu n ity for exercise, an d is allow ed to w hile away th e tim e w ith th e in tellectu al p u rsu its congenial to his ta s te ; a n d is, of course, n o t called n p o n to p erfo rm th e m enial offices of his cell.
The provisional ru les do n o t even tou ch upon these im p o rta n t m atters.

We were led to believe, how ever, from th e tone M r. B alfo u r ad opted, th a t th e C om m ittee of In q u iry w hich w as a b o u t to be appointed, w ould o-o to th e root of th e question, an d w ould in stitu te an in v estig atio n in to the con stitu tio n al an d histo rical justice of th e dem ands m ade b y th e Irish m em bers.
T he C om m ittee of In q u iry is now, we find, v irtu a lly to confine itself to a rep o rt u p o n th e expediency of co n tin u in g th e new regulations.

T h e m ain question is n o t to be exam ined, because, forsooth, the arg u m en ts in its reg a rd w ould necessitate an in v estig atio n into th e 1 whole th eo ry of th e classification of prisoners.
W hy th is has been w hat w e have been fighting for, th is very th e o ry of th e classification ot prisoners; and we are coolly told th a t th e subject is^ no t o e en ere upon, because to do so w ould cause tro u b le an d inconvenience.

A commission, or even a com m ittee, n o t specially in stru c te d by M r. 5a - four, w ould have in v estig ate d an d reported upon th e w hole th eo ry or principle w ithin a few weeks.
T he questions th a t H r. B alfo u r should have p u t to th e C om m ittee are t h e s e - W h a t co n stitu tes w hat is popu- m a t M rM - larly know n as a political offence ?

A re Crimes A ct prisoners in Ire la n d tion» should political offenders ?

and, if so, w h at tre a tm e n t should be m eted ou t to ^ve been.

A side wsne.

The Aberdare Report.

The Committee and the recent changes in the prison rules.
th e m , a cco rd in g to ju stic e an d th e lig h t afforded b y h isto ry and p rece­ d e n t, a n d sanctioned by con stitu tio n al u sage a n d express a c t of law T A s i t is, th e Irish E x ecutive, otherw ise k n o w n as M r. B alfour, has rid d en off on a side an d m ateria lly m inor issue.

H is C om m ittee of I n ­ q u iry is a farce.

H is com m issioners are political p artisans, a n d sym ­ I f M r. B al­ p a th ize w ith th e G ov ernm ent in th e ir recen t Iris h policy.
fo u r im agines th a t a collusive in q u iry of th is sort, based upon false in ­ stru c tio n s, an d ex p ected to e n te r a v e rd ic t in accordance w ith those in­ stru c tio n s, w ill set th e questio n a t rest, w e assu re him he is v ery m uch m ista k en , and th e sooner he sw allow s an d d ig ests th a t fa c t th e b e tte r fo r h im an d h is A d m in istra tio n .” T h e verdict of th e A berdare Com mittee was n o t so favourable to the G overnm ent as was anticipated.
T hey denounced th e extraordinary tre a t­ m en t to w h ich M r. E dw ard H a rrin g to n had been subjected.

T hey chafed u n d e r the letter of in stru ctio n s sent to them by M r. B alfour.
“ To th ese directions we have endeavoured to conform,” they say, “ but we hav e been unable to suggest any alterations in th e existing practice alto­ g e th e r unconnected w ith the general character of th e offence for w hich th ey have been convicted.” th e prison Com menting upon th e recent modifications in rules, th e Committee deprecate th e extension of these rules to E ngland, upon th e follow ing grounds: “ Xo necessity has been dem onstrated for so sw eep­ in g a change, involving serious danger to th e in ternal adm inistration of th e prisons and th e safe custody of prisoners.
To perm it one man to w ear his own clothes, w hile a poorer and not more crim inal prisoner was com­ pelled to w ear th e prison dress, would introduce an invidious and irr ita t­ ing class distinction w hich w ould greatly add to adm inistrative difficulties, and constitute an innovation w hich ought not to be sanctioned w ithout strong reasons, and even th en should be fenced about w ith all possible I t w ould entail a necessity for additional precautions in safeguards.
ordering an increase in the num ber of w arders, and consequent expense.

Prisoners so favoured w ould have facilities for escape, w hich w ould com­ pel th e authorities to deprive them of m any occupations in the precincts of th e ja il w hich dim inish the monotony of prison life, and w hich are th e re ­ fore m uch valued by them .
I t w ould greatly assist the introduction of forbidden articles, and increase the efforts now often made to corrupt w arders, and, not th e least of its objectionable aspects, it would tend to confuse th e sense of m oral guilt by th e knowledge of exceptional fa's oui extended to th e very w orst crim inals.” The Aberdare Report and the Report of the Devon Com­ mission.

The Committee does not explain why all these disastrous results w ill take place in the Irish pi'isons.
The D evon Com mittee reported against the extension of certain privileges to prisoners w ithin the ja il as detri­ m en tal to prison discipline.

T he A berdare Committee do the same, b u t they have not the courage to go as far as the Devon Commission, and say th a t prisoners, in whose regard these concessions have to be made, should be com pletely separated from the ordinary convicts.

41 M r. O ’B rien ’s le tte r on th e A berdare Committee w ill be found at th e Mr O’Brien’s end of Chapter I I .
M r. O ’Brien points out th a t if the G overnm ent seem e er* inclined, to m ake any concession in reg a rd to the Irish Crim es Act prisoners, they w ill m ake it, not in consideration of the nature of th e ir offences, b u t because the Coercion prisoners, as a rule, are able to m aintain them selves ; g f 09^ in o th e r words, because th e w earing of th eir own clothes, by such m en w ill solution, not be detrim ental to th e sanitary condition of the prison.
T his concession could not be accepted as final, and th e resolutions lately passed by the Cor- £roet “ £mcipi porations of D ublin, Cork, K ilkenny, Sligo, Clonmel, L im erick, D rogheda, ^ n d W aterfo rd , indicate th a t the I r i s h people w ill no t accept any con­ cession w hich is not based upon the principle of classification.

tlon T he various resolutions adopted b y th e several m unicipalities w ill be found elsewhere.
According to th e regulations sanctioned by the recent modifications in Effect of th e forger, and th e light- the prison discipline, th e rich W ife-beater, fingered g e n try w ho relieve persons of superfluous articles of adornm ent on racecourses, &c., w ill be raised to th e level of th e political offender, provided th a t they are able to m aintain them selves.
W e are fighting for a principle—th e principle of th e classification of Conclusion, prisoners according to the n ature of th eir offences ; th a t prison punishm ent should be in proportion to th e degree of m oral g uilt actually attaching to the offence committed.

The forger is a sinner against th e m oral code, and Forgers, no m atter how w ell educated, how refined, or how rich, he is a crim inal, and should be treated as such.
Quakers who are unw illing to comply w ith certain regulations, anti-vaccinators, and th e like, should be classified and treated leniently w hilst in prison.

T hey are not crim inals; no m oral guilt attaches to th e ir offences.
To refuse justice, however, to th e Iris h Crimes A ct prisoners, because to do so would produce inequality of tre a t­ m ent w here offences against mere public regulations are concerned, is to refuse justice to a very large class, because you are not prepared to carry justice to its logical conclusion.

Because Mr. Balfour refuses to adopt the rig h t course in regard to anti-vaccinators, is no reason w hy he should refuse to do justice to th e Iris h Crimes A ct prisoners.
M r. Balfour has Balfour’s oppor- him self denounced 11 the cast-iron uniform ity ” of prison^ discip lin e, u y* why cannot he take steps to remove th is “ cast-iron uniform ity ?
’ A nd instead of degrading one class of prisoners because th ere are four or five classes of offences w hich, in common w ith th e political offence, should not be lowered to th e level of crime, w hy does he not boldly adopt the principle of classification, do justice to all, and leave his name w ritten on the page of history, as the first man, who attem pted to bring th e E nglish prison law into agreem ent w ith English constitutional custom and tra d itio n .

E .
E .

D W Y E R GRAY, 42 A P P E N D IX TO PA R T I.

Letter o f Instruction to Commission.

the Devon L etter o f Instruction to A ber dare's Committee.

To the Eight Hon.

Earl of Devon, chair­ man ; TheHon.Chas.

Broderick, Stephen Ed.

Do Yere, and how.

R. D. Lyons», S. H. Grcen- W hitehall, M ay 1 Oth, 1870.
M y L ord, W ith reference to allegations, which have from tim e to tim e been made on the subject of the treatm ent of prison­ ers un d er sentences of penal servitude, in convict prisons in E ngland, for the crim e of treason-felony, I am directed by M r. Secretary Bruce to request th a t you w ill, in conjunction w ith the gentlem en nam ed in th e m argin, inquire and report to him :— (1) W hether there is anything in the treatm ent, diet, or discipline of the con­ vict prisons to justify any charges of un­ necessary severity or harshness, tow ards th e prisoners confined therein ; or of neg­ lect of the conditions necessary for the due preservation of the health of the pri­ soners.
(2) W hether the treason-felony prison­ ers have been subjected to any excep­ tional treatm ent in any way, or have suffered any hardship beyond those inci­ dent to the conditions of a prisoner sen­ tenced to penal servitude.

Y ou are authorised to call before you and examine any person whose evidence m ay be necessary to enable you to carry out this inquiry, and to call for and ex­ am ine any prison books, which you may desire to inspect.
I am further to request you to com mu­ nicate w ith th e Chairm an of the D irectors of Convict Prisons, who has been in ­ structed to afford you all necessary facili­ ties for m aking this inquiry.

M r. Bruce has requested your Lordship to preside at the inquiry as chairman, and to communicate w ith the other gentlem en nam ed in regard to the arrangem ents for carrying it into effect.— I am , my Lord, your Lordship’s obedient servant, A. F .

O. L id d e l l .

T h e R ight H on.

the E arl of Devon.


T he following is the letter which Mr. Balfour addressed to Lord A berdare, chairm an of the com mittee of inquiry, as to the rules concerning the wearing o' prison dress :— One of “ M y L o r d ,— T he question as to how far prisoners should be compelled to wear prison clothes, and to submit to hair clip­ ping, has recently been raised both in E ngland and the Ireland.
grounds on which the compulsion has in certain cases been objected to, depends upon the alleged character of the oftences com mitted by the prisoners.

T his argu­ m ent involves the whole question of the classification of prisoners according to the real or supposed motive of their offence, and it is not proposed to refer the con­ sideration of it to your committee.
O ther argum ents, however, have been used in favour of a modification of the present suggestions have been practice, and founded upon these arguments, on which it is desired to have your comments and opinions.

It has been pointed out, that, as a m atter of history, prison dress was originally intended as a benefit to the prisoner, not as a punishm ent.
I t has further been held by some, th a t as the wearing of prison dress was not originally intended as a punishment, so it is not a kind of punishment which is capable of defence.

Frison clothes are a positive benefit to the poor.


They inflict no pain upon the hardened criminal, and the only person to whom they can under any cir­ cumstances be a punishment are those few exceptional individuals who happen to take the view, th at wearing the prison dress carries with it some disgrace over and above that, which is involved in the imprisonment itself.
It has been objected to these views, that to permit certain per­ sons to wear their own clothes, while others are compelled to w ear the prison clothes, would be to draw a distinction between the punishments inflicted upon the rich and upon the poor.
But if it be true that the wearing of the prison clothes is not and ought not to be considered a part of the punishment of imprisonment, this contention would fall to the ground, 4 3 itted the only distinction, convicted n(l that would remain, between the treatm ent of different for similar offences, would be a distinction founded upon p r i s o n e r s I t is possible, however, even if the soundness of conditions of cleanliness and health.
these general argum ents against the compulsory imposition of prison dress be ad- that, n e v e r t h e l e s s , there may be serious objections to any alteration in the uresent system from a practical point of view.

It may, for example, prove difficu t L m ossible to m aintain prison discipline, if the present rigid uniformity of tre a t­ It may also be that any departure from this m e n ts in any way departed from.
nifnrmitv would produce in the mind, both of the prisoners and the public the im ­ pression that certain classes of offendersare exceptionally favoured, and that, however irrational such a supposition might be, it would be so inveterate, that from the point of It is these and km dred view of practical adm inistration it could not be ignored -, ' umenís for and against the proposed modification of the existing rides, on which the Government desire to obtain the opinions of your com m ittee.
Oil one other matter also an expression of your opinion is invited.
D eliberate refusals to obey the rules prescribing prison dress have, I am informed, never occurred in England or Scotland They have, however, occurred in Ireland, and these or similar breaches of discipline, might at any mom ent occur elsewhere Your com mittee are requested to w hether any, and if any, w hat alterations it is desirable to make to advise as have the in the existing rules, by which obediencê to prison regulations is enforced.
FOUR- (< ^ ^ ^ honour to be, m y Lord, your obedient servant, Irish Office, April, 1889.5 4 4 R E P O R T OE T H E A B E R D A R E CO M M ISSIO N .
T h e C om m ittee ap p o in ted “ to advise w h eth er any, a n d , if any, w h a t altera- | tio n it is desirable to m ake in th e existing rules, concerning th e w earing of prison, clothes an d th e clipping of p riso n ers’ h a ir,” have m et, an d ta k e n evidence, official an d non-official, th e la tte r includin g th a t of persons w ho h ad been subjected to th e se rules, w hich evidence th e y ap p en d to th e ir re p o rt.
I n th e le tte r of th e 12th A pril, 1S89, defining th e ch ara cter of th e inquiry, y o u s ta te d th a t i t w as n o t proposed to refer to th e consideration of th e committee* th e classification of prisoners “ according to th e real or supposed m otive of th e ir offence,” a n d w e w ere restric ted to th e consideration of such changes as can be effected w ith o u t in ju ry to th e discipline and h ealth of th e prison.
To th is direc- ] tio n w e have endeavoured to conform, an d th o u g h we have been unable to suggest ' an y alte ra tio n s in th e ex istin g p ractice alto g eth er unconnected w ith th e general c h a ra c te r of th e offence for w’hich th e im prisonm ent w as inflicted, we m ake no suggestions or recom m endations founded upon th e “ real or supposed m otives ” o f prisoners.
T h at th e tre a tm e n t of prisoners, b o th w ith respect to clothes an d hair, w as originally founded on sa n ita ry considerations only m ay be accepted as certain .
• i T h e in terestin g m em orandum of ou r secretary , M ajo r A rth u r G riffiths— “ A P riso n D ress H isto ric ally C onsidered ” —w hich we p rin t in th e appendix, p u ts th is m a tte r V beyond do u b t. T h a t th is tre a tm e n t, as tim e w en t on and th e m anagem ent of Í p risons im proved, becam e an im p o rta n t elem ent in prison discipline, is clear from 2 th e co n cu rren t evidence of m any experienced w itnesses.
T he whole question, 1 in clu d in g considerations of h e a lth , discipline, an d safe custody, is fu lly discussed b y S ir E .

D ulan e in th e m em orandum w hich he p u t in as p a rt of his evidence, an d to w hich w e beg to refer.

j T h e ad v an tag e of a uniform prison d ress m ay be sufficiently sta te d un d er th r e e heads, viz.

:—san itary , disciplinary, and general.

I.


(a) T he rem oval of p riv a te clothes from prisoners on first adm ission is a 1 stro n g and, in m any cases, an indispensable safeguard ag ain st th e in tro d u ctio n of infectious disease, an d th e co n stan t use of a cleanly and sufficient prison garb tends 1 to m ain tain th e h e a lth an d cleanliness of th e prisoners.
(b) P riso n ers’ clothes have th e ad v an tag e over p riv a te clothes th a t th e y can be m ore re a d ily w ashed, supplem ented, and repaired w ith o u t external aid, I I .

(a) P riso n dress is a valuable safeguard ag ain st escape.

(b) T he prison dress affords th e easiest m ethod of classification, as by its I m a rk s and badges prisoners are read ily distinguished.
(c) P rison dress checks th e trafficking in an d secretion of p ro h ib ited articles, to w hich prisoners are m uch ad dicted, an d would be inevitably encouraged if p riv a te clothes w ere exchanged or ad d ed to from outside.

| I I I .

— Even if th e prison dress w as originally intended as a boon to poor prisoners, it has long since been adopted everyw here on m ore general grounds as an essential elem ent of prison ad m in istratio n .
I t is now accepted w ith o u t h esita­ tio n or repugnance by th e g re a t body of prisoners in E ngland, Scotland and Irelan d , , a n d recognized as a com ponent p a r t of th e system —n o t as a punishm ent, or as in- I ten d ed to inflict a stigm a, or convey a sense of degradation.

By a large proportion of th e o rd in ary convict prisoners prison dress is looked upon as a rig h t, carrying.

I W'ith it d istin c t advantages.


T h u s, th e prison dress saves p riv ate clothes from w ear I a n d te a r d u rin g confinem ent ; it is m ore suitable and convenient for prison labour,, j THE INCIDENTS OF THE PAST THREE YEARS.

M r. B a l f o u r and M r. B alfour’s Coercion A ct, betw een them , are respon- iiir e e thousand; sible for bringing th e question of th e treatm en t of political prisoners to victims- th a t acute stage a t w hich it presses for im m ediate settlem ent.
P rio r to th e passing, and th e three years of gentle b u t resolute adm inistration, of th e Coercion Act, political prisoners, even Irish political prisoners, counted I t only by th e dozen.

Since th en th ey have counted by th e thousand.

is h ard to get a t th e precise figures of th e victim s of Mr. Balfour’s three years of coercion, b u t we are under th e m ark at fixing it at three th o u ­ sand.
T his num ber includes tw enty-six members of P arliam ent— more th a n a fou rth of th e entire P arliam entary representation of the country, m any of whom had to undergo more th a n one term of imprisonm ent.

I t fu rth e r includes about a dozen of th e m ost respected priests in Irela n d ; th e m ayors of th e principal tow ns—D ublin, Cork, Sligo, Clon­ m el, and other places.
Some scores of new spaper m en from the highest to th e lowest, proprietors, editors, reporters, printers, and news vendors ; tow n commissioners, poor-law guardians w ithout num ber ; a sprinkling of th e professional classes, barristers, doctors, and solicitors, and the elite of th e country ; shop-keepers and farm ers go to make up th e gross total.
To these m ust be added an E nglish w orking-m an’s delegate, an E nglish gen­ tlem an of large property and high position, and an E nglish m em ber of The victim s included all ages and sexes— old women Parliam ent.

to tte rin g on th e graves’ brink, and young children not yet entered on th e ir teens.

T hey were convicted as ordinary crim inals by salaried and dependent officials of th e E xecutive, confessedly selected for th e bench on th e sole ground of th e ir political opinions and services.
The “ crimes ” of which these prisoners were convicted were, for th e m ost p art, attending m eetings, m aking speeches, or listening to to w ork for or to sell goods to unpopular persons, or resisting eviction.

This the catalogue, strip t of technical phraseology, practically exhausts speeches, publishing th e newspapers, refusing reports in th€f 50 ■Mr.

Balfour’s policy.

1‘ offences” with, w hich th e Coercion A ct is conversant.
I t w ill be readily ff*lt th a t th e difficulty about prison treatm en t has reached an acute stage, w hen th e best rep u ted and most popular inh abitants of a country are cram med into ja il u nder a new Act, by new courts, and for new ly-created offences.

The difficulty was terrib ly intensified by th e deliberate policy w hich M r. B alfour th o u g h t proper to pursue.

Mr. Balfour’s policy.

The •object.

Mr. Blunt’s letter.


The technical ru le (sec P a r t I) w hich in E ngland identifies political offenders w ith ordinary crim inals has alw ays, as w ill be fully shown here- after, been 11 more honoured in the breach th a n in the observance.” M r. B alfour determ ined th a t in regard to his Coercion prisoners it should be rigidly adhered to.
Erom th is course he hoped for tw o good results to the Coercion Governm ent— E irst, to break down and destroy th e energy, th e spirit, and th e h ealth cf his political opponents in Ireland ; second, by fixing on them th e badge and garb of crime, to degrade them in th e eyes of th e people, and so rob them of th e ir “ dan g ero u s” influence.
This intention was fu lly apparent in th e debates in the House a t the passing of th e B ill, in th e course of w hich the Chief Secretary strenuously resisted every proposal advanced to render lig h t th e lot of the prisoners convicted of the new offences w hich the Coercion A ct created, by th e new trib u n als it appointed.

B u t the intention was p u t beyond all question by th e le tte r of M r. W ilfrid Scawen B lunt, published in th e Times, M arch 24th, 1888.
M r. B lunt, in th is letter, enters into elaborate details.

H e tells how, in Septem ber, 1887, he was staying w ith a n ear relative at T he gathering was altogether non-political, St.. Clouds, in W iltsh ire.

and politics w ere practically tabooed.

“ I do n ot think,*’ w rites M r. B lu n t : “ T h a t th e Iris h question had been alluded to u n til, a t th e end of th e w eek, M r. B alfour u n ex p ected ly a rriv e d to spend th e S atu rd a y and S u n d ay w ith us.
* lt w as on th e S u n d ay afternoon th a t he began th e conversation specially referred to by an allusion to th e E n n is m eeting, w hich, it w ill be rem em bered, w as th e first, or n early th e first, he proclaim ed in Irela n d , and w hich was a t th a t v ery m om ent ta k in g place.

H is w ords on this p o in t were too vague for me to affirm m ore th a n th a t it convinced me th a t he expected bloodshed in suppressing it.
F rom th is he passed to th e m ore general question of coercion, an d I asked M r. B alfour how he ‘ You can n o t,’ I said, ‘ expect in ten d ed to deal w ith th e H om e R ule m ovem ent.

to con vert th e Iris h by force.’ To th is he replied th a t I exaggerated g re a tly th e e x te n t an d sincerity of th e m ovem ent.
I t was n o t a genuine n atio n al one, b u t depended for its v ita lity on half-a-dozen m en, who alone had influence, and if they w ere got rid of the w hole m ovem ent would collapse.

I asked him who these were, an d he nam ed th e chief P a rlia m e n ta ry leaders, especially M essrs.

D illon and O ’B rien, and M r. M ichael D a v itt.

These could be d e a lt w ith through th e opera­ tio n of th e C rim es A c t if they d ared to hold th e ir ground.
‘ B u t,’ he said, ‘ th ey a re a fra id of prison, and w ill leave th e co un try.’ 1 said, ‘ You w ill find th e y are n o t afraid ; th e y w ill gladly go to prison, because they know it w ill stren g th en th e m ovem ent, ju s t as im prisonm ent has alw ays done.

The arre st of th e suspects w as th e m aking of th e H om e R ule p a rty before.’ ‘ Oh, no,’ he said, ‘ it w ill be a very different th in g now.

W e are n o t going to have any such nonsense as F o rster h ad .
T hey w ill be quite differently d ealt w ith.

They w ill g et severe punishm ent w ith h a rd lab o u r—so severe th a t those who have n o t strong h ealth w ill n o t be able to stan d it.’ ‘ I shall be sorry for D illon,’ he added, ‘ as he has g o t some good ab o u t him.
H e w ill g e t six m onths h a rd labour, and as he has bad health 51 i t w ill k ill h im / 1 ™ ^ ; “ Sll£ouraha’d u s e d fa « in ü a r° th o u g h no/.q u ite so in a conversation th e day before.” M r B lu n t who it is adm itted on all hands is incapable of w ilful m isrepresentation^ is * £ ^ Z r has S r f t t e e h ^ tg e 'b y p i« » l ,»T.W i»g » d +oVp it then th a t M r. B lu n t’s account was substantially correct, tn a t t e S T — John Dillon, M .P., by way of warning.

i o a « M , f .
i o a « M , f .

O'Brien, M.P., a n d M , H ence sprang up th a t w onderful duel betw een M r. A\ m. O ’B rien and (jiaf0UI, H , .

M t a S S J « « tko ~ n er .. d h i, ja il» T ullam ore prison and concluded m Clonme .

^ r. TUI four’s nrison degradation policy, as detailed to M i.

B lunt, w itn open ae .

^ • S ' r L C — d » < * 4 » - « r * p ~ “ *’» r K th e iailer w ith th e whole force of th e empire behind him .
B u t M r. Brie fought M r. Balfour out on every point and beat him o n e v e ry p m n t sso- riation w ith crim inals ; m enial offices ; and convict g arb —these th ree forms of^degradation™ rom first to last, he persistently and « s M y — w as The secret of his success was short and sim p le .

not qfraid to die and th e iailer was afraid to k ill him .
We do no t pur pose e n te rin " a t'a n y len g th into M r. O’B rien’s fierce struggle in Tulla m ore T ™ d e ta ik are fam iliar to th e public H e was ordered to .

« striT) ” and refused, th en he was p u t on bread a n d w ater u n til h e a lth ’broke down.

F inally, his clothes were stolen a t night, and foi ■ t ^ c e d a y s he was confined to his bed.

T hen th e famous B arney twee made its m iraculous en try into his cell.
Thereupon M r. B alfour at last finding the conflict hopeless, gave up in despair, covering Ins retre a t by■ first le tte r to his dear Mr. A rm itage whose falsehoods sequently exposed in th e House of Commons.

M i .

0 B n cn n nsoner M r. John M andeyille, did not escape so easily.

Mr. U> B n en th e P » tel stru a cie H e conjectured, rightly, as th e ev en t proved, th a t M r M an deviUe, being in a less prom inent position, would be m o r e ruthlessly treate “ Tili , r ”m ?

‘S gM " M » !
‘S gM " M » !

th a n himself.

I t was a t th is tim e the notorious D r. B arr appeared on the scene M r e - to be concealed.

H is functions are scarcely attem pted chosen to keep th e Irish prison officials up to the m ark, m the enforce­ m ent of th e degradation of political prisoners.

B y a curious coincidence, as we are asked to believe, the doctor entrusted w ith th is d e lic a te mis­ sion tu rn ed out to be a N orth of Ireland Orangeman, and th e head of a high Tory Association at Liverpool.
IIow w ell he fulfilled his functions, appears from th e evidence and verdict at the Mandeville and Ridley in- quests, to w hich we m ust now briefly allude.

l i e was Barr.

Poor John MandeviUe.

Mrs. Mande- ville’s evidence .at the inquest.

52 inquest.
52 inquest.

Jo h n M andeville, a m an of herculean stren g th and health, w hen he entered Tullam ore jail, em erged a m ere w reck of his form er self, and died w ith in a few m onths after his release of th e fatal delicacy and disease, contracted th ro u g h th e b ru ta lity (no m ilder word can express it) to w hich he was subjected in prison.

E very obstacle was th ro w n by th e police (doubtless, acting on instructions from head-quarters) in th e way of an I t was h inted to M rs.
M andeville, th a t th e charge of d runkenness— a charge w hich th e evidence subsequently showed was w ith ­ o u t th e shadow of foundation— w ould be made against th e dead m an, if th e in q u iry -was perm itted to proceed.

E u t th e inq u iry proceeded n o t­ w ithstan d ing .
"We rem em ber nothing more touching ever detailed in court th a n th e poor widow’s evidence of h e r dead husband’s “ confidences as betw een m an and w ife,” after he was released from the prison w hich was made a h ell upon e a rth to him in th e vain hope of breaking his de­ term ined spirit.

T H E ‘W ID O W 'S E V ID E N C E .


Mrs. M andeville, widow of deceased, exam ined by The M acD erm ott, at the inquest a t M itchelstow n, on Tuesday, J u ly 18, 1888, said— “ She was m arried to deceased in F ebruary, 18S0.

H e was about 38 years of age.

A s to his health, she had known him from his boyhood, and had alw’ays looked on him as the strongest man she ever knew.

H e was sent to prison on the 21st Octo­ ber, 1887.
F ro m the time of his m arriage up to th a t period he continued in good health.

H e came home on Christm as eve.

H is appearance was then greatly altered ; his lips were blue ; he became pale and thin ; his eyes were sore, and he could not read by lam plight.

Before he went to prison he could w rite a fair, firm hand, b u t a fte r th a t tim e his h andw riting was very shaky.

F o r th e first m onth after he came o u t he could hardly w rite.

H e complained of th e trouble of walking.


Between the tim e he left prison and his death he was always com plaining of Tullam ore ; he said he never recovered his strength.

H e complained of his th ro at, and of a cough.

As to his teeth, he had a difficulty of eating, and he required more delicate food.
The doctor in C ork ordered him flannel ; the m orning he was going to Tullam ore he was n o t allowed to take th a t flannel w ith him ; consequently his teeth were chattering w ith cold th a t morning going to Tullam ore. H e reached Tullam ore about ten o’clock, and got no food till one o’clock, when the ordinary prisoners were served.

H e left Cork th a t m orning about half-p ast four o’clock.
H e complained th a t his th ro at was sore nearly the whole tim e he was in Tullam ore. H e ssid th a t th e doctor certified he was fit for punishm ent when he was not fit for it.

W h a t is the name of the doctor?

D r. Ridley.

H is th ro a t was so sore th a t he could n o t eat the brown bread, nor take Che cold water, which was the punishm ent diet.

H e took nothing for more than twenty hours.


H e told me th a t one of the Tang prisoners gave him a rope, th at he tied it round his w aist, an d as he suffered more and more from hunger, he tightened the rope.

D r. M oorhead said he was seriously ill, but th a t D r. Ridley seemed to think he could stand punishm ent.

D r. M oorhead was a visiting justice.

H e suffered from hunger, and his m ind wandered, and he said he prayed to G-od th a t he might die ra th e r than th a t he should go mad.
Before the sentence was completed they had to take off the punishm ent.

They then removed him to another cell.

H e told me th a t after punishm ent he could not eat for some days.

H e told me, describing the hunger from which he suffered, th a t a w arder was eating a meal outside his cell, and when he had done he opened the door and threw him in a tin y bit of meat, as he might throw to (Expressions a dog, and he said th a t he never enjoyed anything so much in his life.

of surprise in court.)

M rs.


Mandeville then repeated th a t he said he prayed to G-od th a t he m ight die rath e r than lose his mind.

H e said they offered to p u t him into hospital if he would p u t on the prison clothes, and he would n o t.” 53 “ Did he say anything about Slievenamon ?” lt H e said th a t one night he thought he was a boy again, and th a t he was lying on the heath at Slievenam on; th a t he thou g ht I was lying dead beside him .
H e said he thought the Crucifixion was going on, and th a t he heard music, and th a t this was caused by hunger and weakness.

H e said he had frequently suffered in prison from diarrhoea ; th a t the doctor let him ./get stirabout, and, I suppose, some vegetable soup, and he rem arked to the doctor th a t no old woman, seeing a patient suffering from diarrhoea, would allow him to be sup­ plied with such food.

H e said the light of his cell was very bad ; th a t he could not «ee to read.
The cell was flagged, and the prisoners were slippers so th in th a t th eir limbs were frozen up to their knees,” etc.

The evidence of Mr. O’Brien, his fellow-prisoner, pow erfully corrobor- Mr. o’Brie:/* .-ated M rs.

M andeville’s.

H e described th e ordeal, so fa r as th e details evi(1ence.

had reached him , by w hich th e strong m an’s stren g th was underm ined.
H e described also his appearance w hen he first m et him after his release— “ M r. M andeville” (said M r. O’B rien on his oath), “ was then shockingly altered.

H e was a totally different m an—shrunken, unhealthy, extrem ely nervous, an d frequently trem bled.

The day he went into prison he was as magnificent a specimen of a man as •he (witness) ever laid his eyes upon.

A fter witness’s own clothes were stolen from him, the chaplain told him th a t M r. M andeville was again on bread-and-water.
H e subsequently left the hospital and went back to ordinary prison fare.

B oth the governor and the head w ard er assured him th a t he was mistaken as to M r. M andeville, who was not on punishm ent diet ; th a t his punishm ent was over, and he was doing well.

U n til he afterw ards learned from the papers, ho did not know all th a t the unfortunate fellow went th rough.
T he only thing he did learn was the m id­ n ight attack on him .” Prom th e governor of th e jail, M r. F etherstone-H augh,w as extorted a Thc Governor description of the m idnight v isit of violence to M r. M andeville, w hen describes the four w arders, under th e direction of th e governor him self, set upon him , mi(lmsht *cen§.
,and stripped him , and le ft him all n ig h t naked in his cell, till a t length, w hen th ey threatened to drag aw ay th e last rag left to cover his nudity, lie consented to don th e garm ents of shame— a glorious triu m p h tru ly io r th e adm inistration of the law !
We have not space to consider more fu lly or in detail th e savage punish- Dr. Barr’s m ent to w hich Mr. M andeville, even after he was prostrated by sickness, evidence- was subjected for continuing to resist th e fu rth er hum iliation of doing menial w ork in his cell, or associating w ith crim inals.

B u t we m ust briefly allude to th e evidence of D r. Barr, to whom reference has already been made.
I t was proved at th e inquiry th a t after each visit of D r. B arr, severer and more savage punishm ents were inflicted on poor John J^B arr^3 °f M andeville, and if th e coincidence w ere not enough, D r. B arr’s ow n visits, 'evidence, on cross-exam ination, w ould sufficiently enlighten us as to •the origin of th a t punishm ent.
D r. B arr, sworn— “ I am decidedly of opinion th a t if he had had two years im prisonm ent instead of two months, he would be alive and well in Tullam ore prison to-day.” John M andeville died, in D r. B arr’s opinion, of th e free air, health fu l food, and home comforts of M itchelstown.
H e w ould have th riv en for Dr. Barr’s two years in a fetid cell, fed for three days at a stretch on a scanty allow- curious ance of bread and w ater, and robbed even of th e poor tw o hours* fresh a ir opimons* -and exercise th a t th c statu te allowed him .

T he only fau lt th a t D r. 5 1 B arr found w ith th e prison trea tm e n t of John M andeville was, th a t it was- I t is q uite p lain from his evidence th a t he extorted Dr* too lenient.
R id le y ’s u n w illin g sanction, to inflicted, and w ould fain have resorted to still g reater savagery if he had his w ay— th e barbarities th a t w ere Y ou said th a t a slight attack of diarrkcea did not disqualify liiui from punish­ m ent ?

I say so now.

Y ou said so then ?

You said it was not w ithin the doctor’s rig h t to k eep .

him off punishm ent if the I dare say I did.

prisoner was able to bear it ?

I say so still.

D id you say th a t th e doctor had been too lenient?

Yes.
Yes.

You don’t believe D r. R onayne’s evidence ?

N o. Y ou consider th a t all untrue and false ?

Yes.

U nfounded ?

Yes, and I stated as much about D r. M oorehead’s evidence.

Y ou say th a t with th e treatm ent his death lay a t the door of the doctors ?

I con­ sider he d id n ’t get a chance for his life.

these gentlemen of absolute incapacity ?

I n addition to accusing a num ber of gentlemen of absolute falsehood, you accuse- ■ I do.
D id you say to any gentlemen in Liverpool th a t M andeville was a great scoundrel an d deserved w h at he got ?

N o. I may have used words to that effect.

D id you say you did use them ?

1 did not.


I may have used them , b u t I hu\e- no recollection.” T his same Jo h n M andeville was described by th e governor of the prison as “ a p atien t and courteous gentlem an.” D r. B arr, whose character w e j m ay fairly gather from th e ex tracts already given, is th e m an whom th e Chief Secretary delights to honour, and whose letters on prison tre a t­ m en t he endorses, and forw ards for publication to th e Times (see page 3o).
The verdict of the jury T he th ree .medical gentlem en, referred to in D r. B arr’s evidence, swor p o in t b lan k th a t in th e ir belief M r. M andeville had died from the effect of th e severities practised on him in prison.

The Coroner’s ju ry had been ■ very specially packed b y th e police.
T here w ere on it, if our inform ation ; serves us, nine P rotestants, and th e verdict of th e ju ry was as follows “ ~VYe find th a t the deceased, Jo h n M andeville, died on the 8th of J u l\, of diffused cellular inflam m ation of the th ro at, as defined by the doctoi>, b ro u g h t about by the brutal and unjustifiable treatment he received ia I Tullamor© Ja il.
T h at we enter our solemn p rotest against th e system of th e present G overnm ent, in aw arding sim ilar treatm en t to Irish political prisoners as to common crim inals, and the cruel m ethod by w hich the rules are enforced.
T h at we condemn the vile aspersions of D r. B arr on tho doctors, who attended Jo h n M andeville in his last illness.” T he inquest on John M andeville was rendered still more tragic by the suicide d uring its progress of D r. Ridley, th e doctor nom inally re s p o n s ib le w ho was i)resent a t M itchelstow n to be exam ined.

Mr. Balfour has ma a vain and silly pretence, th a t D r. R idley’s suicide was occasioned b y tlu N ation alist boycotting and calum ny, to w hich lie ^vas subjected.
proved on th e oath of D r. R id ley ’s own fath e r a t the inquest, th a t he Haj never been boycotted a t all.

I t was proved on other testim ony th a t lie w on th e contrarv, treated and spoken of most kindly by the i a iona is s. in any view, th e theory would be absurd th a t D r. Ridley bore boj cutting a I t w r I)r Ridley’s suicide.
calum ny patiently up to the m om ent th a t th e opportunity was afforded him of vindicating his character on oath, and com m itted suicide on the threshold of his trium ph.

The reason of his suicide was found by a Coroner’s j ury on th e ir oath, and th a t a very curiously constituted j ury, indeed.
T he police appear to have been piqued by th e ir failure to get a “ reliable ” ju ry a t the M andeville inquest ; th ey exerted them selves doubly for the R idley inquiry, and, as it w ill be seeu, w ith astonishing results.

W e w ill come later on to th e constitution of the ju ry and th e verdict.

A w ord or tw o now about th e evidence.

M r. O 'Brien’s evidence on the R idley inquest gives a vivid notion of th e terrible pressure exercised by Ml*.
Balfour, through D r. B arr and D ublin Castle, to keep th e ja il officials up to th e proper cruelty-pitch, in th e attem pt to degrade political prisoners to th e level of ordinary crim inals.
M r. O’Brien swears, A ugust 9th, 1888 :— “ Dr. R id ley to ld me e ith e r on th e first or second m o rning after m y a rriv a l th a t Mr. O’Brien's the governor h a d gone to D u b lin to rem o n strate, and he in tim a ted to me th a t sworn informa- C aptain F eth e rsto n -H au g h alm ost th re a te n e d to send in his resignation ; th a t he was r / j w out ' in a very w retched fram e of m ind ; and th a t he said, £ W h y d id n ’t th e y do i t in Cork ?
Good God, w hy did th e y send them here, and w hy did th e y p u t it upon us ?

* or w ords to th a t effect.

I t seem ed to me th a t from th e v ery first m om ent I saw him , several d a y 3 before Dr. M )orliead had come upon th e scene a t all, th a t Dr. R id ley was very w retched ab o u t th e business.

W e h ad fifty different chats ab o u t th e ' H e generally com m enced b y th ro w in g up his arm s an d saying ‘ M y God, m atter.

why did th e y ever send you here ?


’ I said to him th a t I was so rry to have to be a nuisance ; th a t we w ould g e t on w ell generally, b u t on th e th ree points of w earing prison dress, cleaning our cells, an d exercising w ith crim inals, th a t if M r. B alfour was determ ined to tre a t us lik e b ru te s we w ere determ ined to show him we were m en.
Dr. R idley used to say w ith a g reat d eal of feeling—‘ I t is m onstrous an d u n n a tu ra l to be tre a tin g you like this, b u t w h a t can I d o ?

’ ‘ I have a wife and fam ily, and I confess I have to earn a few halfpence,’ was an expression th a t he often used.

th a t th e w retchedness of everybody aro u n d was an aggravation of th e s ta te of things already existing.
I to ld him again an d again n o t be alarm ed on m y account —th a t I w anted no favour, and could accep t none, and th a t so fa r as I could ju d g e I could get on v ery w ell on b read and m ilk, and th a t w hatever happened I could ï t seem ed to me th a t he w as a k in d , conscientious, and skilful not blam e him.

E v e ry official seemed man, b u t decidedly a w eak and nervous man.

to be u n d er a in D ublin— w hether th e Board o r M r. B alfo u r—th e y so suspected one another.
W h en Dr. B a rr called a t th e prison D r. R idley unquestionably to ld me th a t he h ad never laid eyes on th e m an before, and he had not th e least notion w ho he was ; th a t th e man had given no name, and th a t even in the v isito r’s book a t th e gate his v isit was sim ply entered un d er th e initials of ‘ G. P. B .’ I dare say it m eant G eneral P isons Board", and m eant th a t he cam e u n d er th e a u th o rity of th e Board.
W hen we were discussing his pow ers, as th e doctor and I used to say his pow ers w ere absolute, he w ould say, ‘ Oh, I don’t know th e m om ent w hen I w ill have th e u n ­ known on my back ’—by w hich he referred to Dr. B arr.

T he governor didn’t know who th e doctor was, and all the officials w ere canvassed as to his id e n tity , and came to th e conclusion th a t it was D r. B arr.
” superstitio u s th e pow er te rro r of Incidentally in his evidence M r. O’Brien gives a striking picture of th e manner in w hich the Castle capitulated to him self on the clothes question : •“ F or th ree w eeks,” he swore, “ a fte r I got in th e clothes I was every d ay an d The Castle and night prepared for an a tta c k to deprive me of them .
F o r m ore th a n a week after M r. Balfour's letter, saying th e re w ould not be such an atte m p t, I was le ft sleeping in Mr. Lane’s letter to the Freeman— interesting facts.

5 6 m y c lo th e s , fo r I n e v e r s le p t in t h e n i g h t , b u t onljr in t h e d a y by th e fire.
T he p o lic e w e re ts id e , a n d I n e v e r s l e p t a n hour I s u p p o s e fifty tim e s d u r i n g t h a t p e r io d I p re s s e d t h e g o v e rn o r and a t n ig h t. d o c to r to t e l l m e f r a n k l y o n e w a y o r o t h e r ; b u t i t w a s d u r i n g t h e v is it o f M r. M a u r ic e H ic k e y , ld b e m a d e , a n d t h e n i t w a s c o n d itio n a lly o n m y b e in g i n h o s p ita l. T h e n , a n d th e n o n ly , on, t h a t u n d e r ta k in g , w a s I a b le t o t a k e o ff m y c lo th e s .
T h e n , w h e n t h e s to le n c lo th es w e re r e t u r n e d t o m e , i t w a s in t h e m o s t e x t r a o r d i n a r y m a n n e r , b i t b y b it .
O n e d a y I g o t m y t o p c o a t ; tw o o r t h r e e d a y s a f te r , w h e n t h e r e w a s s n o w o n t h e g ro u n d , I g o t m y c o a t. A f t e r t h a t i t w a s i n t im a t e d t o m e t h a t m y lin e n s h i r t , t h a t I n e v e r c h a n g e d s in c e I e n t e r e d , w o u ld b e w a s h e d f o r m e , a n d n e x t — six w e e k s a f te r m y im p r is o n m e n t— t h e g o v e r n o r t o l d m e t h a t t h e P r is o n s B o a rd m a d e a n o r d e r , a p a r t a l t o g e t h e r fro m t h e d o c t o r j t h a t I s h o u ld b e a llo w e d t o w e a r m y o w n c lo th ru e l an d ' t h e r e m a in d e r o f m y im p r is o n m e n t. b a r b a r o u s , o r a s in c o n s is te n t a n d w e a k a n d v a c illa tin g o n t h e p a r t o f t h e m e d ic a l o fficers o f t h e P r is o n s B o a r d i n g e n e r a l.” W h a t a p ictu re is bere of resolute b u t m erciful adm inistration of the law !
M r. L ane, M .P., and A lderm an H ooper, M .P., also gave evidence on the ] R id le y inquest.

T h e follow ing letters, published by them in the Freeman's Journal e arly in A u g u s t, 1888, w ere subsequently verified on oath a t the in q u est: M r. L ane w rites, A u g u st 2nd, 1888 : “ D uring the tim e I was confined in Tullam ore prison I got no exercise, as I would not comply w ith any of th e degrading rules for ordinary criminals.
Day by day my stren gth left me, owing to the confinement and w ant of food.

W hen I was not on bread and w ater I was offered two disgusting compounds called “ shin soup” and “ suet pudding,’' neith er of which I could swallow, although I was starving.

A t the tim e I was very ill, b u t I would n o t adm it it, as I wanted to force my rig h t to private exercise as a political prisoner.
D r. Ridley begged of me several times to go into hos­ pital, ‘ because,’ said he, ‘ if you don’t they will starve you to death here.” I t is n o t in the power of the Prisons Board to injure him now, and as the Government are trying to shield themselves by traducing his memory, I have no hesitation in telling your ju ry w hat I told many friends after I came out of prison.

W hen D r. Ridley saw me sinking so rapidly, he said he could n o t give exercise, b u t he would give me food.
On the following days he brought me some roast fowl, and on Friday he brought me three poached eggs, ‘ to keep th e life in you,’ as he said himself, lin a lly , when I became to prostrate th a t I could not rise off the flags, he said, ‘ I m ust either defy the P risons Board or have an inquest on you, and as I don’t want a verdict against myself fo r killing you, I will give you exercise in spite of them .’ H e left my cell, and in about half an hour the governor came in, accompanied b y M r. Alcock, J .P ., of Cork, and informed me th a t D r. Ridley had ordered me exercise by myself f o r two hour» I went out twice th a t day, and on the following forenoon, not being able to daily.
w alk, I was given a stool in the yard.

In the forenoon of the second day, D r. Ridlev came to my cell in a most excited state.
H e said he had ‘ got a terrible repriman from D u b lin ’ fur allow ing me out to exercise, th a t he ‘ had orders to certify that was fit for punishm ent,’ th a t the resident m agistrate was to be brought in, and I to be p u t into the punishm ent dungeon, which would certainly kill me in the condition I was then, and he asked me to go to hospital as the only way to escape them.

U® hen ©• gave me ten m inutes to think it over, and went to A lderm an H ooper’s cell.
returned, hesaid he had told A lderm an H ooper the whole story, and th a t the latter strong J urged me to conform to his (Dr. Ridley’s) wishes.

H e brought me a password froin A lderm an H ooper to convince me th a t he had sent the message.

I then consented o go into hospital, and D r. Ridlèy said he would sleep easily th a t night, which he na not done for a week, on account cf my dangerous condition.

W hen I was leaving 9 prison I asked him how I could repay all his kindness?
H e said I could do so ‘ by letting: the public know he was not the inhum an wretch the prison rules made him appear, 5 7 b u t h e w a r n e d m e n o t to sa y a w o rd t h a t w o u ld le t th e P ris o n s B o ard k no w h e w as k in d I d id m y b est to c a rry o u t h is w ishes in t h e speech I to a n y o f us p o litic a l p riso n ers.

I was s o rry I cou ld n o t d o m o re, as I believe I owe m y life to m a d e a t T u lla m o re .
th e w ay h e p ro te c te d m e fro m p u n is h m e n t a ll th e tim e h e w as th e re .

H e to ld m e h e w as in p e r p e tu a l conflict w ith th e P ris o n s B o a rd a b o u t th e p o litic a l p riso n e rs since h e re fu s e d to be p re s e n t a t th e fo rc ib le s trip p in g o f M r. O ’B rien , w hich h e re p o rte d w o u ld im p e ril h is life.
A ll th e above I can p ro v e o n o a th , if n ecessary, a n d A ld e r m a n H o o p e r ca n v e rify th e m o st im p o r ta n t p a r t o f it.

D r. R id le y w as a m o st sensitive m an , a n d as k in d -h e a rte d as he w as sensitive.
H e w as d isg u ste d w ith th e b r u t a l d is­ c ip lin e h e h a d to a d m in iste r, a n d I h av e n o t a d o u b t on m y m in d b u t t h a t th e u n fo r tu n ­ a te g e n tlem an c o m m itte d se lf-d e stru c tio n r a th e r th a n face th e o rd e a l o f a d m ittin g t h a t h e allow ed h im se lf to be bullied by D r. B a r r a n d th e P ris o n s B o a rd in to p u n ish in g J o h n M a n d e v ille so severely.
M y m o u th w as p ra c tic a lly sealed d u rin g h is life tim e , b u t i t is o n ly d u e to h is m em o ry to p ro te c t i t fro m th e o d iu m w h ich h is late p a y m a ste rs a n d ta s k m a s te rs seek to ca st u p o n it by th e evidence th e y a r e p ro d u c in g .

K in d ly re a d th is le tte r fo r th e ju r y w h o a re in q u irin g in to th e cause o f h is d e a th .— Y o u rs tru ly , “ Wm.

J .

Lane.” A lderm an H ooper corroborâtes M r Lane.


H e w rites :—• “ I can vonch for th e en tire accuracy of th e s ta te m e n ts m ade b y M r. Lane» Alderman M .P ., as to th e circum stances u n d er w hich th e la te D r. R idley had him re" Hooper’s letter m oved to hosp ital in T ullam ore J a il.
On th e m orning th a t he received th e Corroboration71* inform ation w hich led to th a t rem oval, he cam e to m y cell, and said th a t he had of Mr. Lane’s g o t in to serious tro u b le w ith th e P riso n s B oard, in consequence of having ordered statements.

M r. Lane ou t to exercise b y him self, th a t th e y had inform ed him he h ad no pow er to do so u n d er th e circum stances, a n d th a t M r. L an e’s exercise w as to be stopped a t once, unless he choose to ta k e i t w ith crim inals.
H e added, th a t if M r. Lane I t w as evi­ consented to go to hospital, th e w hole difficulty w ould be got over.

d e n t from his tone, th a t he w anted m y aid in an endeavour to induce M r. Lane to be rem oved to th e hospital.

I rep lied th a t th e re was a g re a t principle involved, n am ely—th e pow er of th e prison surgeon to ord er th e necessary exercise for a p riso n er a t his discretion.
H e said th a t th a t w as so, an d th a t he felt th e full I felt th a t I w as in an extrem ely difficult and delicate posi­ force of m y rem ark.

tio n in offering advise.
On th e one hand, th e re was a g reat principle a t stak e ; on th e other, th e re was th e h ealth , p robably th e life, of one of m y dearest friends, who, besides, owed th e position he w as now in, and th e te rrib le suffering he had undergone, to his devotion to o u r friendship in stepping into th e perilous editorial p o st w hich I occupied w hen I was sen t to prison ; for every one in th e south of Irela n d know s th a t to have been th e tru e reason, while th e ostensible reason was a passage in a seven w eeks’ old speech.
T he recollection of his haggard face, his b e n t body, doubled up from p h y sical suffering, and his m aim ed gait, as he lim ped along th e previous day in fro n t of m y cell door, th ro u g h w hich I got a peep a t him, a n d th e th o u g h t of his poor bed-ridden father, then in his eighty-eighth year, and of his sisters, d istra c te d a t his sufferings, soon decided th e course I should tak e. I advised th a t he should go to hospital, as I feared fu rth e r detention in a cell w ould prove perm anently injurious, if n o t fa ta l to him —advice w hich I am exceedingly g lad I gave, as his friends could scarce recognise him w hen he was liberated, so altered was he by his sufferings—adding th a t th e exercise question could be fought out in m y case.
The deceased th ereu p o n asked me to give him a passw ord th a t w ould convince Mr. Lane th a t th e advice was really mine, and, in consequence, I gave him th e nam e of m y assistant editor, as a token w hich M r. Lane w ould re­ cognise.

T he poor fellow seemed overjoyed a t th e prospect th u s afforded him of escaping th e te rrib le position in w hich th e P risons Board had placed him .
W hen leaving he enjoined th e m ost absolute secrecy on me as to th e action of th e P risons Board, and b u t for th e u n w o rth y attem p t th a t is being m ade to represent him as a w illing in stru m en t in th e ir hands, I should never have m ade it public.
B u t th is is n o t th e only instance w ithin my know ledge of th e fear in w hich he stood of, w h a t I m ay describe as th e system atic official espionage to w hich he was 5 8 throughout my im prisonm ent w ith subjected in his treatm ent of us.

I have n ot the slightest hesitation in saying th a t he sent me back to my cell from the hospital before^ my tim e through th e operation of this fear.
W hen breaking to me the intelligence of my intended transfer a few days after I had recovered from a severe attack of diarrhoea, brought on by the bread and w ater punishm ent diet, he did so appealingly, rem arking th a t he had to safeguard himself against the visits (whose name was unknown to us) of ‘ the m ysterious doctor,’ as Dr. B arr was the th en described.
As I acted strongest desire th a t I should get no official into trouble, and as besides I detested the hospital, which was one of the most miserably depressing places it was my fortune ever to spend an hour in, I informed D r. R idley not to hesitate to remove me whenever he th o u g h t it necessary for his own safety.
I can also say he felt deeply a t a m inute he got from the Prisons Board concerning his giving a miserable m attress to me, and a t the ignoring of his order entered in his official book, th a t I should get exercise ; and, be it noted, during this tim e both Mr. Lane and myself were in the same jail, lodged w ithin a few feet of each other, and might have been sent out together as a separate class for purposes of exercise.
So much did he feel the treatm en t I was being subjected to, th a t he offered me brandy, clandestinely.

This I refused to acccpt, rem arking th a t I was very grateful to him for the offer, b u t th a t in the event of th e smell of brandy being found in my cell by some other official, it was n o th eb u tso m e poor w ard erth at would come under suspicion, a danger which lie a t once recognized.
My estim ate of his character is the same as M r. Lane s -—th a t of a kind-hearted man, forced to perform official acts th a t were loathsome to his nature.
H e more than once informed me th a t there was not a m an in the com­ m unity, w hatever his politics, th a t approved of my being treated as a common criminal, adding, on one occasion, th a t none of the numerous justices in the locality could be got to order us punishm ent, in consequence of which, one of Mr. Balfour s removables had to be called in to do th a t duty.
I also entirely agree with Mr. Lane in believing th a t the poor fellow’s suicide is due to the shame with which he apprehended a public confession a t the inquest, th a t he allowed his own manlier and hum aner instincts to be overborne, in the case of M r. M andeville, by Dr. B ail and the Prisons Board.” The ju ry a t the Ridley inquest shamelessly packed.

W ith, such evidence before them , th e verdict th e ju ry gave was inevitable, from m en w ith a particle of conscientious principle rem aining.
The skill and care of th e police in packing them proved u tterly unavailing.

H ere is a verified analysis of th e ju r y whose verdict M r. Balfour has presum ed to question : 1.

T he forem an of th e ju ry , M r. John Cotter, J.P ., a Catholic W h ig of th e old school, anti-N ationalist.

2.

P h ilip Boutledge, Freem ason, P ro testan t Conservative, hailing from thc N o rth of Ireland .

3.

E dw ard L ennox,'m achine agent, P ro testan t Conservative from the N o rth of Irelan d .

4.
4.

Lloyd W rym outh, P ro testan t Conservative.

5.

J .

W .

Long, P ro te sta n t Conservative, a nephew of th e proprietor of the P ro te stan t and Conservative hotel in w hich Crown counse an Crown w itnesses were staying, and in w hich I)r. llid ley cut his t roa .

G. Jam es Rooney, ex-Sergeant-M ajor, C atholic; politics not known.

7.

Jam es Sheridan, baker, Catholic, anti-N ationalist.

5 9 8, 9, 10, and 11.


W illiam H u n t, grocer; Thomas H ickey, draper ; D avid H ayes, draper ; and John Baylor, Catholics, th e only indication of whose politics we possess (a p re tty accurate one in th e south of Ireland) is th a t th ey were never members of th e N ational League.

12 and 13.
12 and 13.

Edm und B u rn and Thomas Rice, the only tw o N ationalists on th e ju ry , adm itted by the police, we are en titled to assume, because no other anti-N ationalists and no less prejudiced N ationalists were to be found in th e tow n of Eermoy.
B y th e ju ry th us constituted, the follow ing verdict was found :— “ T hat Dr. Jam es Ridley, died on th e 20th Ju ly , 1888, a t Fermoy, from The verdict of wounds inflicted by his own hand, w ith a razor, on the same day, w hilst labouring the packed jury, under tem porary insanity produced by the apprehension o f disclosures at the Mitchels- town inquest, and that he was compelled to act in his official capacity in contravention o f his own humane and considerate views.
W e beg to ad d ,” they continued, <£ our expressions of deep sym pathy w ith Mrs. Ridley and Mrs. M andeville in their affliction.

We condemn the reclcless and unfounded charges m ade by D r. B a rr against the medical m en and poor M r. M andeville.

W e are of opinion th a t the charges made against D r.M oorehead,are absolutely unfounded, and th a t his reports and visits had a beneficial effect.” The verdict does not require comment.
The terrible disclosures and th e em phatic verdicts at these tw o inquests, n atu rally produced, even in quarters most friendly to th e Government, indignant criticism of th e policy of to rtu rin g and degrading political prisoners, w hich M r. Balfour had made so entirely his own.
W e have only space for a single ex tract from the first leader in th e D aily Telegraph on the subject, ju s t published after the M andeville verdict— “ Nobody in private life,” th e D aily Telegraph editorial continues, “ considers, The Daily Tele- or affects to consider, th a t Mr. Dillon, Mr. O’Brien, or others, are on a level w ith 'j^four^s policy burglars or thieves.
We know th a t th e ir motives are quite different, and th a t th e leader even of an insurrection may be an honourable and pure-minded man.

W e m ust also be ever ready to make special allowances for Irishmen.

They read in youth the record of a generous and impulsive people who m ight easily have been won by statecraft and kindness, b u t who were treated w ith stupid brutality by th e stronger nation a t their side, th e ir trade injured, th eir creed insulted, their liberties denied.
In la tte r years they found themselves in a Parliam ent th a t granted nothing to reason, b u t everything to outrage and obstruction, thus tem pt­ ing a whole people to th e use of force.

The sym pathy of educated men for poor peasants, however, even when it gees too far, is not reprehensible.

The ability and earnestness of many Parnellite members are enough to have won them fame and w ealth in many non-political careers.
W e think, therefore, th a t to measure out to humane, hot-headed men, the same kind of degrading punishm ent th a t is awarded to rioters or moonlighters, is, to use the m ildest language, a deplorable m istake.” B u t neither the disclosure's nor th e verdicts seemed to have the Mr. Balfour’s of slightest effect upon th e spirits of Mr. Balfour.
W e find him shortly afterwards, in his speech to the cocrcionists at Glasgow, stigm atizing *c the speeches a t complaints of Mr. M andeville’s treatm ent as childish calumnies totally Manch^fe"!1 w ithout foundation.” “ There had been,” he said, “ a conspiracy to break through the prison rules.
H e saw nothing but what was comic in the whole proceeding-s.” W as it credible th a t men with any sense of hum our whatever, could suppose th a t Irish inde eo pendence was to be gained by living three weeks w ithout changing one’s sh irt (laughter), or by sitting in one’s bed in a blanket rath er than wear prison clothes ?

The com plaint th a t punishm ent followed these proceedings, was not w orthy of a m om ent’s consideration.
W as it n ot plain to even the understanding of a G ladstonian Radical, th a t prison rules could only be m antained by punishm ent, and th a t if a man broke th e rules he had no rig h t to complain of the punishm ent which trousers and blankets would have followed?
B u t all these questions about been absolutely nothing, unless they had been able to advertise th eir sufferings in the Irish N ationalist Press, and for th a t purpose Messrs. O’Brien and Co. had found tw o ready tools in the shape o f two doctors.” A gain, in M anchester, on October 19th, M r. B alfour allu ded to th e su b je c t of J o h n M andeville’s death, and a n g rily denounced S ir W illiam H a rc o u rt a n d L o rd R osebery fo r th e sy m p ath y th e y had presu m ed to express.
T he allu sio n to D r. R idley’s suicide is a fine specimen of M r. B alfour’s m anner of dealing w ith facts : “ B ut while Sir W illiam H arco u rt—and this is the point of resemblance I w ished to draw between him and Lord Rosebery—while Sir W illiam H arcourt is deeply pained a t w hat he is pleased erroneously to describe as my a tta ck upon M r. M andeville’s character, he has n o t hinted a word of condemnation of the N ation­ alists to blacken the character of a m an for whose death they are undoubtedly re­ sponsible—namely, the late Dr. Ridley (cheers).
They have been airing through­ o u t the country this sham tragedy of M r. M andeville’s death—a death which had no more to do with politics than any death th a t occurred in this city (cheers).

B ut the real tragedy—the real political tragedy—of Dr. R idley’s death—they have been very silent about th a t ; and yet a darker stain does not rest upon the Irish P arty , or upon the English P arty which backs them up (‘ That’s tru e,’ and cheers).
That man was a victim to a conspiracy intended to bring into contempt, and intended to blacken the characters of the prison officials.” Two m en, John M andeville and D r. R idley, had, unquestionably, m et deaths d irectly th ro u g h M r. Balfour’s prison policy, and through th e enforcem ent of rules, since discarded and condemned, in deference to aw akening public indignation.

H ow m any have been brought to death’s door it is impossible to say.
T he less prom inent th e imprisoned N ationalist, th e less hope there was for him of th a t publicity w hich was his sole pro­ tection.

W e have b u t space to quote briefly from published descriptions of th e treatm en t to w hich other N ationalists w ere subjected.
Our first ex tra ct w ill be from “ The Prison P a p e rs” of M r. D avid Sheehy, pub­ lished in a tid y little book, w hich we cordially commend to such of our readers as may be anxious to obtain a correct notion of prison life fiom th e prisoner’s point of view ; a m atter of almost universal interest to Irish N ationalists a t present.

The book is the more interesting from the modest, unassum ing style in w hich it is w ritten.

The fa ta l effect of Mr. B alfour’s policy.


Mr. Sheehy’s b ru ta l tre a t­ m ent—a leaf from “ The Prison Papers.” four other officials.

W e had a rough half-hour’s w restle.

M r. Sheehy w rites— ‘‘ W hen in the cell th e governor again asked me to strip, and volunteered the opinion th a t having protested against doing so it would be now more dignihed of I did not accept his views, and he ordered in the chief w arder and me to subm it.

I had my hands locked together.


These they should open before they could take off my coat.

I kept in a b en t position, and, though the w arders pulled and tugged a t my clothes and Hands w ith all their m ight, th e hands rem ained firmly clasped, and I thought i wouki succeed in defeating them .

Then came the order, ‘ Knock him down.


iw o warders a t once took me by the legs—one each—another a t my back, too ' me y 61 th e w aist and lifted me off the ground : the tw o others, one a t each side, helped to get me in a horizontal position.

“ All had now room to w ork a t me.

One lying on my legs, held them , while another removed my boots.

Two others held up my arms, while a th ird laboured a t my clasped hands.

T hat fellow m eant to succeed.


H e took my thum b in his hand, and p utting his thum b on the second bone of mine, pressed it as if to break it.

The suddenness and violence of the pain caused the grasp of my hands to relax, and the other w arders, seeing it, at once opened my fingers.

M y after-struggle3 were of no avail.

A rticle after article of my clothes were dragged off, until the jailers were enabled to p u t the prison shirt on me.
Then, leaving th e rem ainder of th e prison clothes in the cell, they w ithdrew to mop th e ir heated brows and calm the agitation of th e ir breathing.

“ I cooled quickly enough.

It ^ a s a frosty day.

The window, which faced the north, was open, and out of my reach.

There was no article of furniture in the I t was room, so th a t I had nothing to help me to climb to th e window to shut it.

open for the tw o hours I was in th a t cell.

Colder and colder grew my body.


I felt the air about me as if I were standing in ice-water.
M y flesh grew a dark purple, my hands and feet num b.” , , M r. Jo h n Roche, of "Woodford, whose evidence excited so favourable Mr. John Roche, an im pression a t th e Times Commission, in a le tte r to th e Freeman, published early in A ugust, gives a detailed account of th e neglect and suffering to w hich he was subjected in Galway Ja il, w hich resulted in his discharge from the prison, w hen his life was alm ost despaired of.
W e come now to th e final stage of th e struggle, w hen M r. O’B rien, The struggle in after his splendid speech, m ade u nder circum stances th a t len t it such clonmel special interest, in th e h e art of M r. B alfour’s constituency at M anchester, having been convicted in his absence, was hurried home to prison in Clonmel.
"We m ust be pardoned if we dw ell a t some length on this, M r. B alfour’s last desperate attem pt to assert the policy of prison degrada­ tion, on w hich he m ainly staked his reputation as a statesm an.

W illiam O ’B rien has him self assured us th a t he did not hope to come out of th a t struggle alive.
He assumed th a t Mr. B alfour would not again have entered on th e attem p t to degrade him, unless he m eant to carry it ou t to the b itte r end, and M r. Balfour’s persistence m eant for th e prisoner sub­ mission or death.

Therefore, M r. O’B rien was prepared for death.

The Mr. O’Brien pre­ incidents of the Clonmel struggle have been, so far as i t was possible for pared for death- M r. B alfour to accomplish it, w rapt up in falsehood.
H e has left no subterfuge untried to escape the shame of th e attem p t and th e scarcely greater shame of th e defeat.

The details of his treatm ent in Clonmel prison, from 31st Jan u ary to Mr. O’Brien 5th February, were taken down from M r. O’B rien’s lips by Mr. H ealy, gfc®^rij |s the and published by him in pam phlet form.
The im portance of the narrative to th e subject m atter in hand forbids the omission of a line :— My statem ent to Mr. Condon, M.P., of th e occurrence in Clonmel prison was very rapidly made ; I th in k it desirable, therefore, to re-state the facts.

“ About eleven o’clock, a.m., on the morning after my arrival in the prison, I fol­ the chief warder, Gough, entered my cell and said, ‘ Come to the doctor.’ lowed him to the wide open court, stone paved.
A gentleman was standing a t a high desk in this open corridor.

H e did not salute me, nor in any manner inform Discourtesy of th e doctor.

Was th is legal?

(See page 32).

Mr. O’Brien faints.

62 me who he was.

H is first words w'ere, ‘ Open your vest.’ I was obliged to ask him ‘ A re you the prison doctor ?’ H e said, ‘ Y e s / and drew out his stethoscope.
I opened my vest, and he placed th e stethoscope to my chest, on the rig h t and left side, as well as I can remember, w ithout asking to have my sh irt opened, lie next said, ‘ Have you a cough ?’ I said, ‘ I should be very sorry to be personally discourteous, b u t owing to the p a st perversion on a form er occasion of my com­ munications w ith th e prison doctor in Tullamore, I have 110 means of protecting myself against m isrepresentation, unless to decline to make any communication as to my health, b u t you are a t perfect liberty to examine me in every w ay you choose.’ H e said, ‘ T h at does n ot m atter ; open your sh irt ; your shirt is too I then opened my shirt, and he examined me w ith another in stru m en t—I stiff.’ believe a binaural stethoscope—after which he said, ‘ P u t out your tongue.’ I did so.
H e then struck me lightly on the stomach, and w ithout another word p u t up his instrum ent.

I had to ask him, ‘ Is th a t all?

H e said, ‘ \ e s , and I tu rn ed back to the cell w ith th e chief w arder, who had been a witness of the ex­ am ination, and who, like the doctor and myself, was standing in the corridor during the examination.
“ A bout five m inutes afterw ards th e chief w arder returned to my cell and said, 4 W e m ust force you to p u t on the prison clothes.’ I asked to se e th e governor, who appeared to have been w aiting outside the door, for he imme­ diately appeared.

I said, < I have to ask th a t a doctor shall be present during any a ttack upon m e.’ H e said, ‘ I cannot do th a t ; you have passed the doctor ‘ T h e n / I said, ‘ you w ill have to strip me by fo rce / or words to th a t effect.
I placed my back to the fu rth er wall of th e cell ; three w a r d e r s im m ediately rushed a t me with the chief w arder.

The four seized me, and a violent struggle took place betw een us, the governor standing by.

They succeeded after a struggle in flinging me 011 my back on th e floor, dragging my clothes aw ay meanwhile.

W hen I was down, one m an placed his knee on my chest, not, as I believe, brutally, but I heard some one, 1 think w ith a pressure th a t caused me considerable suffering.
the chief w arder, say, ‘ Don’t h u rt him .’ The pressure was then relaxed, and 1 struggled to my foet again, and renewed the struggle, while my clothes were being I was then flung down a second tim e on the floor ; this time to rn off one by one.

I continued to struggle w ith all my force, while they were dragging on my face.

prison clothes on me, an d from the struggle and exhaustion, I became so faint th a t th ey had tw ice to cease, in order to give me a drink of w ater.
D uring this second struggle my stren g th was totally exhausted.

I heard the governor give the order to have my hair and beard taken off, and I rem em ber the first few dashes made at me w ith a scissors.
A fte r th a t I lost consciousness, and when I recovered, fount my m outh full of hairs, and was propped up on a stool between two warders, who still held my arm s. The governor said, ‘ Surely you have resisted enough now ; you know it, has to be done.’ I said to him, ‘ \ on know little of me if you do not know th a t the struggle is only beginning now.

The instant my hands aie fiee 1 will fling those clothes off again.
“ W hile we were speaking, A lderm an H ackett, one of the visiting'justices whom I was still gasping for breath, I did no t know a t the tim e, came into the cell.

I told him, as well as 1 was able m my sittin g on th e stool betw een th e warders.

condition a t the tim e, w hat had happened.

H e was greatly shocked ; b ut it was no t a t my suggestion he w ent for a clergyman.

The atte m p t to weigh Mr. O’lirien. '


“ The warders having followed A lderm an H ack ett to the door, I instantly threw off the prison clothes.

T hree of them rushed a t me again, and « o th e r struggle took place.

They succeeded in forcing on some of the prison clothes again, seizing and tw isting my arm s all the tim e. - chief w arder told them n ot to m ind forcing on the coat o r vest th is tim e .
became so fain t th a t they again p u t w ater o n my lips, b u t continued to.hold my arm s while I stood leaning against th e wall for a consideiable pci 10 .

can estim ate the scene had by this tim e lasted halt an hour.

I n consequence o my le r I a 0a “ The w arders continued to hold me for a long time, when the chief warder 63 said, ‘ B ring him along,’ and I was im m ediately dragged to the door in my sh irt­ sleeves, and w ith my feet naked.
No intim ation w hatever was given me th a t I was being brought to be weighed.

U p to this moment the question of weighing had never been mentioned to me, e ith e r by the doctor or the warders, and I should never have made the slightest objection if I had known th a t th a t was th eir object.

I w’as dragged across a large open space, w hich I since learned was the main hall of the prison.
A t the moment I was so stupified, and my bad sight made me so helpless (my spectacles having been taken from me during the struggle and not re­ turned), th a t 1 had only the most confused notion of where I was being taken ; my impression was th a t I was being dragged to a punishm ent cell.
I said to the w arders who had hold of my arms again and again, ‘ W here are you dragging me to ?’ They made no reply, but pulled me on to w hat I now believe was a w eigh­ ing machine, beside which the governor and the doctor were standing.
M y legs and arms were dragged about the machine in an exceedingly painful way, and I then said, £ As Ion" as you are treatin g me in th is barbarous fashion I will subm it to nothing except by force.’ The governor said, ‘ T ake him aw ay.’ They a p ­ parently gave up th e a tte m p t to weigh me.
“ I was then dragged, still by the arm s, in the opposite direction towards a n ­ other cell, still under the impression th a t I was being brought to some other p u n ­ I was th ru st into a cell in a different p a rt of the prison, in which there ishment.

was nothing except a stool.

“ The moment I was left alone I threw off the prison clothes and retained Mr. O’Brien left only a sh irt.
They had not yet locked the door of th e cell, b u t they made no fur- nakecl* This was about half- th e r attem p t to force the clothes on me, and left me alone.

an hour before dinner-tim e—th a t is to say, a few m inutes before twelve, as the Angelus bell in the tow n rang a few m inutes afterw ards.

“ I was left alone th e entire day and evening ; neither the governor nor the doctor returned to the cell.
D inner was p u t in a t a quarter to one—suet pudding and brown bread ; and, a t a quarter to six, a supper of brown bread, cocoa, and m ilk by the warder, w ithout a word.

Nobody else approached me except F ath er JSverard, the chaplain, who arrived shortly after Alderman H ack ett left.

“ I rem ained u n til eight p.m. w alking up and down the cell, w ith no covering except the shirt.
The day was bitterly cold, and my teeth chattering ; but I pro­ cured some w arm th by lying 011 the floor, close to the hot-w ater pipes.

I was u n ­ able to eat, b u t drank as much of th e m ilk as I could.

“ At eight o’clock, the usual hour for going to bed, a w arder opened the door The plank bed.

and p u t in a plank bed, w ithout a m attress of any kind.

H e also brought in two I p u t one of the blankets on the plank, and the other, single blankets and a quift.
w ith the quilt, over me, and lay down.

I t was b itterly cold, b u t I got my head on the hot-w ater pipes and utilized th a t as a pillow (noue being supplied writh the plank).

I did not sleep throughout the night.

I got up.


H e said, ‘ Clean out your cell.’ “ A t a quarter to seven next morning, a t unlock hour, a w arder w ith a light in his hand, it being still dark a t th a t hour, threw open the door and eaid, ‘ (iet u p .’ do.’ H e said to some one who was w ith him, ‘ Remove the plank,’ and the plank cell.” bed was taken out.

I said, ‘ Are I seized the quilt, b u t it was dragged from me.
you going to take th a t also ?’ and he said, ‘ Everything, as you won’t clean y o u r cell.’i I was then again left alone in the dark, walking up and down in my sh irt as before, w ith pains in all my bones from the violence I had received, and from lying on the plank.

I said, ‘ As you please.’ I said, * T h a t I m ust refuse to “ Clean out your “ W hen breakfast-hour came, cocoa and m ilk, w ith brown bread, were placed in th e cell w ithout a word.
“ About half-an-hour afterw ards—namely, about a quarter to nine a.m., as far as I can calculate—the governor and chief w arder entered my cell.
The governor I said, ‘ If I am killed I said, ‘ You will kill yourself if you go on like this.’ 6 4 will tak e good care th a t it is not I who will have the responsibility.’ H e said, ‘ You m ust know th a t th ere are prisoners who refuse to take food, and we are obliged to force them by p u ttin g mechanical restraints on th em .’ I said, ‘ There is not th e least fear of th a t in my case, as I am perfectly determ ined to take all th e food I possibly can.’ H e said, ‘ Of course I know you would not do anything of th a t sort ; b u t if the doctor th inks your life is in danger by your remaining naked all this time, he will be obliged to order th a t you should be p u t under I said, ‘ l a m in your power, and it is, of m echanical re stra in t to save you .’ course, perfectly w ithin your pow er to p u t any mechanical re strain t you please upon me ; b u t I w arn you th a t you will have to continue it to-day, to-morrow, next week, n ex t m onth, u n til you have me either dead or mad, or until you re tu rn m y clothes.’ H e said, ‘ You know it is perfectly impossible for th e doctor to o rder you your clothes to be retu rn ed .’ I said, “ They w ent aw ay, and shortly afterw ards the doctor entered th e cell.
I was u nder the impression, from the governor’s communication to me, th a t he had come to order the mechanical restraints th a t were threatened.

To my surprise he imme­ diately began to express his reg ret th a t I was under the impression th a t he had treated me offensively.
‘ U nhappily, the circumstances left me no other conclusion,’ this applying as to his m anner, as to the cursory n ature of his exami­ nation, as to his curtness in dealing w ith me, and as to the extraordinary place and inode of the medical exam ination.

H e told me th a t he was suffering from a heavy cold himself, and th a t th a t m ight have accounted for his m anner, and th a t the place was the usual place for exam ination of th e prisoners.

H e immediately ordered in a bed.


The governor asked, ‘ W ill we bring the m attress ?'

and he said, ‘ Oh, certainly.’ The plank b e d ,'w ith a fibre m attress, was then brought into the cell, and I was allowed to lie 011 it.

Mr. O’Brien defies Mr. B al­ four.

T he Doctor apologizes.

“ I lay th ere thro ug ho ut F rid ay S aturday, Sunday, Monday, and Tuesday.
On M onday a gentlem an came into th e cell w ith Dr. Hewetson, and introduced Dr. O T arrell.i him self as Dr. O’Farrell, of the Prisons Board.

H e asked had I any com plaints ?


I replied : ‘ I t is extrem ely painful for me to have to seem uncivil, bu t I am in th is cruel position, th a t alm ost anything I say to the officials is liable to be p er­ verted against me, ahd they, even if they have the will, are not in a position to correct these m isrepresentations.’ H e said, ‘ I can assure you th a t there is not I then answered his questions th e slightest danger of th a t in the present case.’ I told him frankly.
H e asked me w hy I complained of th e prison doctor.

precisely w hat I told Dr. Hewston himself—th a t his m anner a t the tim e and the circum stances of the exam ination, followed im m ediately by the attack upon me, had undoubtedly led me to believe th a t he m eant to be studiously offensive ; bu t th a t his assurance, and his conduct since had satisfied me th a t my first impression was an erroneous one.
He asked had I any complaints of the way in which the I told him th a t it was not the officials other offi ials had carried out their orders.

I said, ‘ Of course, they used very considerable force and violence, and caused me very cruel suffering, b u t I adm it th a t they did th an was necessary, because I resisted w ith all my strength, and it was undoubtedly necessary for them to use very considerable force if they w ere to succeed in overpowering me.
They did overpower me ; b u t I do not charge th a t they did so w ith any w ilful bru tality or ill-tem per.’ M r O’B rien did I complained of.

b u t their orders.
b u t their orders.

not blame the officials, xiQt use more force “ Dr. O’Farrell then asked me w hether I objected to his examining me, and I said, / Not in the least ; neither to you nor to anyone else.’ A t the same tim e I told him distinctly th a t I was fighting this m atter, not as a sick man, b ut as a I said, ‘ I will contend for nothing th a t the poorest or the political prisoner.

commonest man convicted under the sum m ary jurisdiction clause of the Coercion A ct is not equally entitled to.
W ith me it is not in the least a question of food, or even of treatm ent, but of classification.
I told the officials before in Tulla- more, and I am quite as willing now as then to carry out the proposition, th a t this whole struggle m ight be obviated by the simple expedient of making all prisoners convicted under the summary Jurisdiction clause of this A ct a separate 65 •‘ class.’ W hatever th eir treatm ent m ight be, if this were done, I for one would Mr. O’Brien not have the slightest objection to w ear w hatever prison uniform would be set principle o6f apart for th a t ‘ class,’ or to perform any menial offices w hatever th a t would be classification, imposed on my comrades.
Those who th in k us criminals could th in k so still, .and would have th e satisfaction of punishing us as much as any ordinary criminals could be punished, while we would have it established th a t it was under this Act, and under this A ct alone, th a t we were crim inals; b u t th e object of our pre­ sent treatm en t clearly is to attem p t to degrade and confound us w ith criminals.
Y ou are doing an unnatural and impossible thing, and it is because I believe th a t this Noble words, treatm ent has only to be seen out to its logical end to m ake its continuation impossible th a t I am willing to undergo any penalties w hatever in asserting my position.’ To this Dr. O’Farrell made no reply, b u t assured me th a t the Prisons Board would consider my representations.

“ Upon the following day my clothes were returned to me w ithout comment.
I was then transferred to an unoccupied portion of the prison, which was once the female hospital.

Dr. Howston informed me th a t I was not tre a te d there as a sick man, and I did not receive the hospital fare, b u t the ordinary food of a convicted prisoner, and I so continued to be tre a ted un til th e morning of m y departure for Tralee.
I am convinced th a t if there is a sworn inquiry th a t none of the officials would question, in any im portant particular, th e above statem ent of facts.” This account is briefly, b u t em phatically, corroborated by th e evidence Mr. O’Brien given by M r. O’B rien at th e bogus inq u iry in stitu te d by Mr. Balfour, and victorious, the accuracy of th a t evidence is not questioned by th e prison official, Mr. Joyce, who presided.
W e are lim ited to a brief e x tra c t. Mr. O’Brien refused to “ strip ” in obedience to th e rough order of th e governor.

H e swears — “ Then four warders seized me, and, after what seemed to me a long struggle, flung me on my back on the floor, held me down, twisting my arms, while they tore off my I continued to struggle violently, and one man pressed his knee on my chest.

clothes.

My clothes continued to be pulled off one by one.


I struggled again to my feet, another violent tussle ensued, when I was flung down a second time, this time with my face to the fljor.
Then I became very faint, and they gave me some w ater.” H e goes on to say th a t th e struggle continued on the floor, and adds— “ I was by this time utterly exhausted, and they gave me water a second time.” H e th en describes how th e governor gave orders to cut off his h air and beard, w hich he resisted violently ; and a t th is point he seems to have actually fainted, for he says— “ I cannot remember anything more until I felt my mouth full of hairs.
I was then sitting on a stool with two warders holding m e/ ’ W hile th is struggle was in fu ll sw ing— while Mr. O’Brien was lying naked and almost delirious in his cell, M r. B alfour was entertained by a group of “ fearless,” b u t anonymous, adm irers a t th e A n tien t Concert Rooms, D ublin.

L est th e names of any of th e “ gallant g u e sts” should ~be exposed, th e press were excluded ; b u t we w ill quote briefly from the “ official report ” supplied to the newspapers.
I t is to be noted th a t the descriptive particulars, “ roars of la u g h te r” and “ great applause,” &c., are tak en verbatim from th e official report.

M r. Balfour, in the course of his speech, said— “ I had the honour of receiving at about a quarter to one last night—(prolonged laughter)—a telegram from the Lord M ayor of Dublin—(renewed laughter)— which I allude to now because I take it it represents the N ationalist case w ith regard The sworn inquiry.

The orgie in th-e A ntient Concert Rooms.


6(J isn’t indignation it—(laughter)— ‘ unexampled to M r. W illiam O’B rien’s treatm en t in prison ; and in this document, the original I of w hich I have got in my hand, 1 read—(I w on’t read it all)—‘ Illegal and b ru ta l I I violence’—(laughter)—th a t (laughter)— ‘ system of attack in g and beating down your political adversary by 1 to rtu re —(laughter).

No, th a t is n ot it.


H ere it is— ‘ M r. O’B rien has now been naked in his cell for thirty-six hours—(roars of laughter)—and to-night we learn th a t he is lying speechless, and th a t the prison authorities, considering his condition dangerous, have applied to you for instructions.’ That, gentlemen, is th e operative, the im portant, p a rt of the telegram , which you probably have all seen in th e Freeman's Journal, and which I shall have to allude to in quite another connection in a few moments.
Now, I w ant to say to you th a te v e ry single substan­ tive statem ent in th a t passage I have read is w holly and absolutely incorrect (cheers).

W h at has happened is this : M r. O’Brien, after an Odyssey, which I w on 't fu rth e r dwell on, was arrested in the ordinary course, and Mas taken to Clonmel prison.
W hen he got to Clonmel prison he refused to allow—he threw every obstacle in the way of—any medical exam ination ; he declined absolutely to be w eighed—(laughter)—and, as he did not perm it the doctor to form any judg­ m ent, from personal examination, of liis case, he w ent through the ordinary process I to w hich every prisoner is subject who offends against th e law (cheers).

This I happened 011 T hursday.


I t m ight suprise seme of you to know—some of you who- I read, if th ere are such, who read only N ationalist journals—it may surprise you 1 to learn th a t I have no t th e control and managem ent of all the prisoners in I Irelan d (laughter).
The Prisons Board is not í d my departm ent ; the questions I connected w ith prisoners do not, as a m a tte r of course, come through either my I hands or th e hands of the Irish Office, and therefore it is only under exceptional cir- I cum stances th a t any questions connected w ith any prisoner in Ireland c< mes before I me.
However, when 1 w ent down to the office on F rid ay th e facts which I have ju s t I sta te d w ere brought before me, and I im m ediately proceeded to w rite a minute* I in w hich Is a id th a t, of course, if M r. O'Brien, having the prison clothes a t hisdisposal, j choose to stay in his sliirt—(laughter)—and if lie refused to subm it himself to 1 any medical examination w hatever, any evil consequcnces to his health which might I ensue he w ould be responsible for, and no t us (hear, hear, and applause).
But, a t I th e same tim e, J said I did n ot th in k we ought to perm it Mr. O’Brien to ruin his 1 constitution for the purpose of injuring her M ajesty’s Governm ent— (laughter j and applause)—and 1 therefore gave directions th a t, as Mr. O’Brien would not I allow hiirself to be medically exam ined, the reports made by Dr. Ridley and I I> .
B arr upon Mr. O’Brien when he was in Tullamore jail should be sent down a t once by special messenger to the doctor a t Clonmel, so th a t in the light of I these reports, and having learned what, in the opinion of the doctors who had I exam ined Mr. O’Brien th e condition of his health was, the doc!or should most care- : fully w atch M r. O’Brien, and ta k e care th a t no eccentricity of his should in any i n d in order th a t the fullest j w ay risk injury to his constitution (applause), m edical opinion possible should be take n cn this im portant point the medical j member ot th e Prisons Board has very kindly consented to go down and assist -th e doctor of Clonmel prison—a doctor in whom, I may say, 1 have every reason j to believe th a t the State has a faithful and efficient servant (hear, hear).” W ith in tw o days after M r. Halfour was constrained to confess, in a. j le tte r to th e papers over his own name, th a t the central statem ent on.
w hich his speech tu rn ed , “ th a t M r. O’B rien refused to allow— th a t lie, th re w any obstacle in th e w ay of medical exam ination,” was absolutely w ith o u t foundation, and in P arliam ent he excused him self for the m is­ statem ent on th e still w ilder pretence th a t, a t the tim e he made it, he had no infoim ation on th e subject at all, b u t the very reports of the I n his Freeman w hich he contradicted w ith such flippant audacity.
speech in th e A nticn t Concert Booms, Mr. Balfour sees the end is approach­ ing, and endeavours to evade the responsibility for the prison treatm ent,.

A lie.

Mr. O’Brien’s victory com­ plete.

Mr. B alfour re tracts.

6 7 on w hich he prided him self to m uch m th e opening of his official career; B u t E nglish public opinion w as now wide-awake.

The sudden spnngm g into life and th e astounding grow th and progress of th e E nglish N ational .
P rotest was an omen not to be despised, and a few days later every rig h t ^ ^ effoit M r. O’Brien claimed was accorded to him.

B u t ‘1 th e brave M r. B alfour,” as he has been described by th e Chancellor of th e E xchequer— w hether ironically or not, it is impossible to s a y -w a s resolved to m ake one final effort before he com pletely surrendered.

M r. Jam es Carcw, M .P., had been sent to prison.


M r. Carew is m m anner and appearance, one of th e m ildest and the m ost gentlem anly of living men H e was th e very last, it was stupidly believed, w ho w ould be likelv to enter into a desperate physical struggle and prolonged physical suffering for a m ere sentim ent.

I t was hoped th a t Mr. C arew s ready sub- mission°would be an effective counterpoise to M r. O’B rien s desperate re ­ sistance.
B u t th ey caught th e wrong m an th a t tim e. A fter four days stru°-°'le, M r. Carew carried the day on every point.

The following account, frorn th e Freeman of tho 21st day of M arch, 1889, gives a fair notion of the protracted sufferings to w hich he was subjected : _ “ It is not generally known how bitter a fight Mr. Carew waged with the warders of Kilkenny jail immediately after his conviction.

On the day.
On the day.

of his incarceration, the ’ ist February, he was lodged in a flagged cell, and, on refusing to change his own clothes for the prison garb, was at once pounced upon by a body of warders, who, after a fierce struggle, stripped him.
An effort was then made to fo^ e * e pnson ^ dress upon him, but Mr. Carew’s determined resistance compelled them to abandon the jai,_ attem pt—not, however, until he had sustained some bad falls and bruises, the effect of which will in all probability remain with him for years.

H e was then left naked in his flawed cell with its plank bed, and remained in that state from Thursday, the 21st, ti i f The afternoon of Monday, the 25th.

His condition becoming too serious to be pleasant for his jailers—Mr.
Carew’s resolution remaining no less fixed—they com­ promised the difficulty at the end of four days by throwing into the cell Mr. C a r e w s inside clothing, consisting of a pair of drawers and a vest.

light, it nmist be conceded, for the season of the y e a r -th e hon.
gentleman remained for a week Mr. Carew makes no complaint, says he is none the worse for what has passed, and declares himself amply compensated for all that happened by the failure of the orison people to “ compel and induce ” him to wear the jail dress.
But it is apparent from his appearance that the desperate struggles he had with the warders m Kilkenny, left in what and the cowardly indignity to which he was subjected for so many days L o r d Sahsbury, with statesmanlike effect, calls a state of « tragic nudity for ten days —have told upon him, and will leave their mark upon his system as long as he lives.
M r. C are w n o w w ears h is onto clo th es, h a v in g o b ta in e d th e m w h e n h e w as tra n sfe rre d fro m K ilk e n n y to K ilm a in h a m .” In this attire .n The enforced surrender to Mr. Carew was th e last straw th a t broke Mr. Carew’s th e back of M r. B alfour’s obstinacy.

The rules for compulsory w earing of prison clothes, and compulsory discharge of m enial duties, to whic John M ande ville’s amended (see pages 35 and 44).
life was sacrificed, were reluctantly, finally, if I t cannot be seriously questioned th a t for the vile system so long Ml, Balfour’s and so obstinately pursued M r. Balfour w as personally responsible.

P ^ ^ ility A p art from his confidence to M r. B lunt, there was not m erely a con­ fession b u t a boast of his personal responsibility m his eailiei speeche th e subject.

H o u sed th e first personal pronoun invariably.— (S eepart I I I . )
S H e claim ed in th e H ouse of Commons th a t of his own special grace, and in* deference to (non-existent) Canon law on th e subject, he exem pted th e im prisoned priests from th e degradation of th e prison costume.

T his state­ m en t w as n ot strictly accurate, as th e priests w ere only exem pted after F a th e r M att.

R y a n h ad repeatedly refused, in answ er to command and m enace, to don th e convict garb.
B u t it sufficiently illustrates th e responsi­ b ility w hich M r. B alfour th e n assumed.

; Extraordinary inconsistency,.

The present state of the question.

F ather Stephens, Mr. Kelly and the Belfast Insur­ ance Fraud prisoners.

As th e prison policy gradually broke down under th e storm of public indignation, M r. B alfour took to sheltering him self behind th e prison, ru les.

T h e prison ru les w ere, as a m atte r of fact, never observed.

T hey fluctuated according to pressure.


I n th e one detail of h a ir and beard cropping, th e m ost w onderful diversity of procedure prevailed.

M r- B lu n t, M r. D illon, M .P ., and M r. O’B rien, in th e ir first im prisonm ent, w ere perm itted , w ith o u t a suggestion to th e contrary, to w ear th e ir h a ir and beards.

M essrs.

H arrington, M .P ., and J .

Carew, M .P., w ere forcibly cropped and shaved, and M r. O’Brien, in h is second im prisonm ent, had.
h is beard shorn as he lay insensible on th e cell floor.

M r. B alfour’s insane a ttem p t to confound political prisoners w ith sordid crim inals, introduced n o t order, b u t chaos, unto th e prison proce­ dure.

A t present th ere is chaos worse confounded.

M r. B alfour had not th e grace to confess him self beaten, and decently give in.
H e ju s t skipped clear of th e lash of public opinion, and stood still snarling- W h en M r. O’B rien took up th e struggle he announced his position in p lain w ords : he .would subm it, he said, cheerfully, to any privation, b u t w ould resist to th e death any attem p t a t degradation.

T here w ere th re e details of prison discipline on w hich be took a firm stand.

H e refused to w ear th e convict garb.

H e refused to do m enial offices, and he refused to exercise w ith ordinary crim inals.
On each one of these questions he absolutely succeeded.

Two of these rig h ts have been con­ ceded, w ith certain ham pering conditions, to political prisoners (see pages 35-41).

T he political prisoner is now allowed to w ear his own clothes, and exem pted from degrading m enial employm ent.
B ut the th ird , and perhaps th e deepest hum iliation of th e th ree— th e association w ith degraded crim inals— still rem ains in th e “ discretion ” of th e ja il governor ' — th a t is to say, a t th e option of th e Castle.
Only the oth er day, it w ill be rem em bered, F a th e r Stephens and M r. K elly, in D erry jail, were sud­ denly ordered to tak e exercise w ith th e depraved “ loyal and p a trio tic ” insurance sw indlers of Belfast, and th e ir refusal to subm it to th e w anton degradation was followed by four days’ vindictive punishm ent.
Í E u t it is th e principle on w hich M r. B alfour purported to ground th e modifications of th e prison discipline, th a t public opinion forced on him , th a t is specially objectionable.

The false and cowardly cry was raised against M r. O’Brien th a t he w anted to classify prisoners by th eir wealth or poverty.

T his vile distinction, w hich was farthest from Mr. 6 9 O’B rien ’s thoughts or wishes, M r. Balfour has introduced, in the vain hope to escape th e dilem m a in w hich he found himself.
tion.

The more w ealthy crim inals and The prisoners, under Mr. Balfour’s altered regime, are classed, not th e ir offences, b u t th e am ount of th e ir according to th e nature of money.

th e more g uilty can purchase im m unity from degradations to w hich th e poorer and more inno­ T here was cutting, though unconscious, cent m ust subm it (see page).
sarcasm in the compliment paid in a le tte r in th e new spapers by one of th e w ealthy B elfast sw indlers to “ the sagacious M r. B a lfo u r/’ by whose in te r­ vention he was perm itted to parade th e prison in th e silk h a t and broad­ cloth of respectability— by whom, to borrow th e language of th e letter, lie was “ enabled to preserve his self-respect, w as distinguished from th e or­ dinary jail-birds, and made to feel th a t, th ough am ongst them , he was not of t h e m !

!
!

” The “ sagacious M r. B a lfo u r” m u st have fe lt th a t “ praise from such a source was praise indeed.” T he A berdare P rison In q u iry Committee was a m ere hollow pretence ^m U tee*1* to cloak Mr. B alfour’s enforced re tre a t from an untenable position.
The Committee w ere absolutely precluded from entering at all on th e question of th e trea tm e n t of political prisoners as a class, w hich was th e one subject on whicli th e intense in te rest of th e public was aroused (see I t w as a Com m ittee specially selected by M r. Balfour as pages 42, 43. one to be thoroughly depended on, y e t in th e opening statem ent of th e ir report, th e Committee w riggled uneasily in th e bonds in w hich th e “ brave ” B alfour had securely tied them .
T hey reported to th e ir m aster as follows : — “ I n th e le tte r of th e 11th A pril, 1889, defining th e c h a ra c te r of th e inquiry» you s ta te d th a t i t w as n o t proposed to refer to th e consideration of th e com m ittee th e classification of p riso n ers ‘ according th e real o r supposed m otive of th e ir offence.’ To th is d irectio n we h av e endeavoured to conform , and th o u g h we have been unable to suggest any a lteratio n s in th e ex istin g p ractice alto g eth e r unconnected w ith th e g en eral ch aracter of th e offence for w hich th e im prisonm ent is inflicted, w e m ak e no suggestions or recom m endations fo u n d ed upon th e real or supposed m otives of priso n ers.” to H ere is a suggestion, as p lain as words can m ake it, th a t thc m o t i v e ” w ould have been a proper and n a tu ral, if no t the only proper and n a tu ral, subject for th eir consideration, and th a t th e “ character of the offence ” could n o t be passed over if the in q u iry w ere to have any m eaning T he Com m ittee did n o t recommend th e extension a t all (see page 44).
of th e modification of th e rules to E ngland w here political prisoners’ visits to th e ja il are like angels’, few and far betw een.

T hey visited w ith o u t­ spoken censure th e spasmodic clipping and cropping of M r. E .

H arrin g to n in accordance w ith th e directions from head-quarters.

.

i _ I n one p a rt of th e ir report th c Committee were, by im plication, a t least, The Committee ' denouncestne ,.
som ewhat rough on the em inent constitutional Judge O U nen, wno, m ienient treat- consideration of th e loyal and p atriotic services of th e B elfast forgers, ^ “forgersBel" lim ited th e ir sentences to six m onths’ im prisonm ent, and on “ th c sagacious M r. B alfour,” who, as th e forger gratefully confessed, distinguished them by m any privileges from “ the ordinary jail-birds.” So fa r from following -i t .
.. *] in th e same lines, the Lord A berdare Committee strongly recommend th a t all crim inal -whose crim e “ savours of frau d ,” no m atter how w ealthy, respectable, loyal, and constitutional, shall be excluded from th e priv i­ leges of th e modified rules.

B u t th e B elfast forgers and swindlers, who included tb e m ost devoted adm irers of M r. Cham berlain, and th e secretary and prom oter of his m eeting, M r. C hesnutte Sm yth, have no grounds for com plaint.
A sym pathetic Coercion judge inflicted a sentence that, con­ sidering th e ir crime, was alm ost nom inal, and the sagacious M r. Balfour, as th ey g ratefu lly confessed, lightened th e ir brief term of im prisonm ent w i t h t a e num berless indulgenes.

The Committee on prison tires*.

T here is one passage in th e rep o rt of an im portance w hich, we fancy, h ard ly realized by its authors.
T hey are dealing w ith the question of convict garb, against w hich such a vigorous and successful p rotest w as made by th e Coercion prisoners, and th ey em phatically declare— “ W h a te v e r m ay have been its original in te n t, th is dress has too long been associated w ith all th a t is vile an d con tem ptible to be assum ed by lesser offenders w ith o u t a sense of d eg rad atio n , au d a shock to th e self-respect w hich should n ev er be necessarily inflicted.” B alfour’s own Committee th u s openly and boldly justifies th e senti­ m ent for w hich th e Irish political prisoners w ere to rtu re d so savagely, am idst th e ribald jeers and jibes of cow ardly Coercionists, headed by the Prim e M inister and his nephew , who ridiculed th e notion of m en lying I t was for courageous protest against th is “ degrada­ naked in th e ir cells.
tion and shock to self-respect th a t should never be unnecessarily inflicted,'” J th a t M r. ¥ m .

O’B rien, M r. Carew, M r. Sheehy, M .P., and a host of others suffered, and th e indom itable Jo h n M andeville died.

“ T h at the degra­ dation and shock to self-resp ect” was “ unnecessarily in flicte d ” the re ­ p o rt itself, w hich condemns and recommends th e discontinuance of the practice, is th e clearest proof.
M r. O’B rien’s tren ch an t le tte r to th e Lord A berdare Committee, w hich Mr. O’Brien’s Secretary of the invited his evidence, vigorously sum m arizes th e present position of the Aberdare Com- question, and fitly concludes m y observations :— “ S m - 1 received y esterd ay , a t th e H ouse of Commons, y o u r le tte r of 22nd M ay, \ in v itin g m e to give evidence before L o rd A b erd are’s C om m ittee on P rison Rules.
I f L ord A berdare’s C om m ittee w ere em pow ered to consider fran k ly th e question w h e th e r p o litical prisoners o u g h t to be tre a te d in th e sam e w ay as b urg lars an d j g a rro tte rs, I should w illingly give th em an y assistance m y evidence m ight afford j I u n d erstan d , however, th a t th e ir le tte r of in stru ctio n s restric ts the Com­ them .
m itte e to th e tw o m inor points of hair-clipping an d w earing crim inals’ uniform , an d th a t these are to be re p o rte d 011 only in reference to personal san itary con- | sidérations, a n d n o t in reference to th e d istin ctio n betw een po litical offences and & disgraceful crim es.

in q u iry so circum scribed.

T he tw o points in question (and o th ers) have been I se ttle d a lre ad y by th e pressure of p u b lic opinion.
The form al provision for them in th e prison rules is a d ep a rtm e n ta l question w ith w hich th e public are n o t con- .

cerned.

p a rtic u la r controversies, public opinion m u st decide again betw een them an d us.
j I m u st ta k e leave to rem ind you how th is m a tte r stand s. Com pelling prisoners to w ear an ignom inious uniform m ay be (and in my opinion is) a quite prop er m a rk If those w ho control th e Iris h prison au th o rities desire to re-open these I m u s t respectfully decline to have an y th in g to do w ith an 7 1 T he w hole The question of deg radation in th e case of offences w hich deserve degradation.
question a t issue is, w h eth er th e degradations w hich are p roper in th e case of th e at issue, vilest crim inals a re equally p ro p er in th e case of persons im prisoned for the purposes of a tem p o rary P a rliam en tary m a jo rity ?

M r. B alfour u n d erto o k th a t th ere should be no distinction.

T h e corner-stone of his policy w as th a t his adversaries in Irela n d should be tre a te d as, and m ade to feel them selves, crim inals.
H e found th a t th is process of levelling us dow n w as, in his ow n p hrase, ‘ in ju rin g th e G overnm ent.5 In th e a tte m p t to avoid th e appearance of yielding, he th en fell back upon th e still m ore indefensible course of levelling up, b y giving to governors of prisons an a rb itra ry pow er of d iscrim in atin g betw een prisoner and prisoner upon objectionable personal grounds.
T he consequence is, th a t m en fu ilty of heinous frau d s have been exem pted from convict dress and head-shaving ecause th e y had pow erful friends, w hile th e h u m b ler class of po litical offenders continue to be subjected to th ese indignities, because th e ir sufferings do not a ttra c t sufficient notice to ‘ in ju re th e G overnm ent.’ T h e re s u lt of all th is, and of the incessant vacillation of th e G overnm ent w ith resp ect to th e m a tte rs of prison labour, sep arate exercise, &c., according to th e am ount of resistance offered, has been a s ta te of chaos in th e Iris h prison service.
your C om m ittee are now forbidden to inquire.

Y ou a re asked to seek th e causes in triv ia l personal an d sa n ita ry considerations, to w hich nobody atta c h e s th e slig h test im portance, w hile you are req u ired to ignore th e d istin ctio n w hich everybody, except M r. B alfour, has been b ro u g h t to recognize as one ingrained in th e h um an h e a rt and conscience.

U n d e r th e se circum stances, I re g re t to be Refuses to „jTt.
obliged to decline to be a p a rty to an in q u iry so fu tile ; and I have resp ectfu lly evidence. '

to re q u e st th a t if any use should be m ade of m y nam e in th e course of th e evidence, you w ill be good enough to em body th is le tte r in th e proceedings of y our C om m ittee.—Y o u r o b ed ien t serv an t, In to th e real cause of th a t chaos Chaos, “ A r th u r G riffiths, Esq., “ S ecretary to th e C om m ittee on P riso n R ules, “ W h ite h a ll.” “ W m .

O ’B r i e n .
O ’B r i e n .

M , M ‘D o n a l d B o d k i n .

ÿart m. MR. BALFOUR’S DEFENCE IN PARLIAMENT.

I n th e debates on th e C rim inal L aw and Procedure Bill, it w ill be How Mr. B ar ,arekeptr°miSeS observed th a t M r. B alfour prom ised an appeal in every instance from the sentences of th e resident m agistrates, and even of those of the county court judges.
B u t th is pledge, deliberately made in the face of th e House of Commons, w as w ith equal deliberation flagrantly broken, because of th e protests of tw o of his supporters, M r. F o rrest F u lto n and M r. Bau­ m ann, whose le tters in protest w ill be found e x ta n t in the Times immedi­ ately afterw ards.
A ll debate on th e treatm en t of prisoners under the B ill was sh u t out by th e closure, and th u s it was th a t at no tim e during its passage was th e slightest consideration given to th e subject by the G overnm ent.

On th e 17th May, 1887 (Hansard, vol.

315, page 284), M r. Balfour, in th e H ouse of Commons, said :— “ T he law of conspiracy w as an obscure law.
I t is said th a t it is a difficult la^v, w hich is capable of dangerous extension, and th a t we are leaving its a d m in ia tra tio n to m en w ho are n o t learned in th e law —nam ely, th e resid en t m agistrates.. B u t th e rig h t lion, gentlem an (Sir W illiam H arco u rt) forgot to say th a t th e rcsi d e n t m a g istra te s’ decision is n o t final.” M r. T. M .

H ealy.— “ H e m ay give a m o n th ’s im prisonm ent.’* Mr. A .

J .

B a lfo u r.— “ I do not com plain of th e in terru p tio n .
T he hon.

ami ■ Mr.Balfoui £ro- mises appeal in learned m em ber is q u ite co rrect in saying th a t u n d er th e Bill, as we have drafted ^ we m ay have followed too closely th e A c t of 188*2, and th a t by th e existing law every case.

of Irela n d th e re is no appeal if th e im prisonm ent is for less th a n a m onth.

we propose to (jive an appeal in every case.

” Bum M r. T .

M. Heal y .

—“ W ith no cum ulative sentences ?” M r. A .

J .


B a lfo u r.— “ T h ere w ill be an appeal in every case to a county co u rt judge, and if on legal technicalities th e coun ty co urt judge is objected to, the G overnm ent will be p rep ared to consider a plan for giving an appeal, in cases in w hich a legal difficulty m ay be involved, to a higher trib u n al.

Therefore, no w eig h t is t(Tbe attach e d to th e arg u m en t of th e rig h t hon.
gentlem an, th a t those who will have to ad m in iste r th e law in th e first instance w ill n o t be tra in e d ana com petent law yers.” 7 3 On the 2nd Septem ber, 1887, before th e A ct came effectively into Mr. operation, the' treatm en t of prisoners under it was raised on th e Prisons vote— ( Vide Hansard, vol.

320, page 1043), w hen th e follow ing speech was delivered by Mr. Balfour : The C h ie f Secretary fo r I r e l a n d I sincerely hope th e hon.
and learned m em ber w ill n o t have to undergo th e disagreeable in cid en ts to w hich he has alluded.” tre a tm e n t. W e consider th e A c t req u ire exceptional M r. T. M. H ealy.— “ T hat is n o t th e p o in t.” M r. A .

J.

B a lfo u r.— '1 I t is a p o in t to w hich th e hon.

m em ber him self m ade reference, and th a t is w hy I refer to it.

T he policy upon w hich we have proceeded is sim ple.
W e a re n o t of opinion, an d I h ave never h a d th e opinion, th a t p riso ners u n d er îa e v ery m an who is an offender u n d er th is Act, and condem ned for h is o ence, o u g h t to have been condem ned un d er th e o rd in ary lawj ; and if he w as no it w as because of a failure of th e m achinery of th e or inary so condem ned, law, not th a t th e re is any difference in su b stan ce betw een th e old law ancl th e new.
T he offences are su b stan tially th e sam e, and I do n o t see an y ground for altering: th e tre a tm e n t of those who come u n d e r th e law in one w ay or the o ther.

I have m ade it m y business to in q u ire in to th e tre a tm e n t of prisoners, and to find o u t w h e th e r th e tre a tm e n t is th e sam e in Irela n as in E ngland, and I find it is u n d e r sim ilar circum stances.
1 cannot, suggest th a t any a lteratio n in th e Irish prison discipline should be m ade in reg ard to one ct.

I f th e discipline is w rong in one co u n try it is w rong in b o th , an d we o u g h t to deal w ith it as a whole in relatio n to th e crim inal law , as a whole, and n o t m reference to one crim inal A ct. T he hon.

an d le arn ed gentlem an has a tte m p te d to draw a d istin c tio n betw een M em bers of P a rlia m e n t an d o rd in ary crim inals.
“ T h e discipline u n d er th e old an d new law should be th e operation _ ol ^ th e sam e. They® m ay be grounds for changing th a t discipline in th e prisons of E n g lan d and Ire la n d , b u t if th a t be th e case, it is m ore or less because of th e passing of th e Crim es A c t , i t is a question to be d e a lt w ith on its m erits.
I have in q u ired in to th e Iris h system of prison discipline, to ascertain if it differed from th e E nglish discipline, an d I tind th e re is no difference—i t is th e sam e. U n d e r th ese circum stances, 1 see no ground for m aking a special in q u iry in to th e Iris h prison discipline, th o u g h I a m perfectly ready, o l the p a r t o f the Ir is h E xecvtive, to enter into an inquiry into ^ Z l l n ^ v y .

the whole system o f prison discipline in E n g la n d and Ireland.
On th e 13th Septem ber, 1887, in reply to a question {Hansard, vol.

-321, page 490) M r. B alfour said: — “ T h e prison rules, u n d e r w hich sentences w ill be carried o u t u n d e r th e C rim es will see A ct, wilL be precisely id e n tica l w ith th e prison rules used u n d e r o rd in a ry cir- no prisoner cum stances.
N o special system of release for p risoners suffering ill-h ealth w ill be suffersin health ad o p ted ; b u t I w ill m ake every effort to see th a t no person sutlers in h ealth .

On th e same date, in a debate upon th e A ppropriation B ill, Mr. B alfour is th u s reported in Hansard :— “ A s to th e tre a tm e n t of prisoners, he re g re tte d to observe th a t th e hon.
m em ber for E a s t M ayo (M r. D illon) had le ft th e H ouse, an d he w ould n o t ad v ert, as he should otherw ise have done, to th e u n fo rtu n a te ly violent to n e w hich characterized too large a p o rtio n of th e speech w hich th e hon.

gentlem an h ad addressed to th e H ouse.

T he contention w as th a t an en tirely different tre a tm e n t o u g h t to be ap p lied to so-called prisoners u n d e r th e C rim es A c t to w h at w as speech on Ap- applied to ord in ary prisoners.
[M r. B ru n n e r—H ear, hear.]

H e th o u g h t th e hon.

propriationBill, g entlem an w ho cheered w as n o t a m em ber of th a t H ouse d u rin g th e discus­ sion of th e A ct, or he w ould have know n th a t n o t only th e opinion of th e G overnm ent, b u t also of every com petent law yer who h ad pronounced an opinion on th e m a tte r, w as th a t th e A ct d e a lt solely w ith offences w hich w ere already offences un d er th e ex istin g law .
P ersons, therefore, w ho offended ag ain st th e Why not ?

Reply to an ac cusalif n Iiy Mr Dillcn.

Mr. Balfour'ini' pervious to * — newspaper criti cisms.

7 4 th e sub ject.

to have an y know ledge of C rim es A c t offended ag ain st th e o rd in ary law, and th e only difference m ade b y th e A ct re la te d to th e m achinery by w hich th e y w ere trie d .

T h ere appeared to h im to be no ad eq u ate justification for different tre a tm e n t of these persons under condem nation.
H e entirely conceded that political offences ought to be distinguished fr o m offences that were not political, but the Government d id not propose to deal, and woidd not deal, w ith offences which were political under the Crimes A c t any more than under the ordinary Law.

P a r t of th e speeches ag ain st prison discipline w ere th e w hole existing system , as it applied to every k in d of prisoners.

aim ed a t T h a t m ig h t be a v ery p ro p er su b ject for P a rlia m e n ta ry inquiry.
H e did n o t profess H e h ad n ev er been b ro u g h t in co n tact w ith it, nor h ad he ever m ade it a special stu d y ; b u t if th e q u estio n of prison discipline w as to be d e a lt w ith a t all, i t o u g h t to be d e a lt w ith w ith re g a rd to E n g lan d and Irelan d a t th e sam e tim e, and n o tsim p ly w ith reference to a n y p a rtic u la r A c t of P arliam en t or any class of prisoners.

I t m ight be th a t prisoners w ere tre a te d too harshly.
By all m eans, le t P arlia m e n t m ake in qu iry.

N o one w ould rejoice m ore th a n he if such an inquiry produced a reform , if th a tre fo rm were needed.

W h a t he had always said was th at he should always, to the best of his ability, see th at precisely the same system was adopted in Irelan d as in England, with regard to all prisoners who came under the law.

T he hon.
T he hon.

and gallant member for N orth Galway (Colonel N olan) tried to draw a distinction between educated and uneducated prisoners, an d between those who had been accustomed to manual labour and those who had not.

H e was perfectly ready to concede th a t the same punishm ent m ight be a very different punishm ent to one man and an o th er ; but he was unable to say w hether any distinc­ tion of the kind was actually made in prison.
T hat, however, was not a question which came up only w ith reg ard to the Crimes Act ; it came up with regard to th e ordinary law, and in quite as striking a m anner.

Everybody knew th at the crim inal classes were not entirely composed of uneducated persons and those accustomed to m anual labour.
If there was any injustice in regard to these m atters, by all means let it be redressed, not only in connection w ith persons condemned under th e Crim es A ct, but also in connection w ith others who were condemned under the ordinary law in E ngland.

H on.

gentlemen opposite had dwelt a t great length on the hardships of prison discipline.
H e wished they and th eir friends in Ireland had always re­ collected those hardships when they were discussing th e Crimes A ct a t public meet­ ings ; b u t in speech after speech they told the unfortunate peasantry in Ireland th at th e Crimes A ct would n o t have any te rro r for them , for, after all, they would be better off in prison th a n outside of it.

How th a t kind of exhortation was consistent w ith the speeches ju st made in the House am an m ust have a great deal of ingenuity to discover.
T he hon.

member for E ast Mayo went the length of accusing him of so con­ the hon.

member for N orth-E ast Cork (M r. W illiam triving m atters as to p u t O ’Brien) in prison for several days before trial out of a feeling of personal spite, and of personal vengeance, which he was supposed to entertain on account of certain articles in U nited Ireland.

H e thought at first th a t the suggestion was a grim jo k e until he recollected th a t in M onday’s debate the hon.
gentleman (M r. Dillon) gave th e H ouse to understand th a t he was him self so moved and influenced by articles in The, Tim es, th a t he found it almost impossible to refrain from , as it were, giving practical contradiction to those articles by refusing to use his influence to disperse meetings peaceably in Ireland.

W ell, if the hon.

gentlem anfelt newspaper criticism s so acutely I f th a t were h e could well im agine th a th e attributed the same sensitiveness to him.

tru e, he (M r. A. J .


B alfour) w ould have an even more uneasy tim e of it than he had at ’ th e p resent m om ent.

B ut he could assure the hon.

gentleman th a t no articles he ever • read, either in Irish or in English newspapers, had ever given him a mom ent’s un­ easiness or th e le a 6t desire to inflict vengeance upon an editor.

The main contention of the hon.


gentlemen w ho had spoken on the question was th at the Government ought to draw a wide distinction between political and other offences, and the hon.

and gallant gentlem an (Colonel N olan), who was the first to raise this point in the House, said a broad distinction m ight be made if by political offences they mean speeches and writings, and by ordinary offences they m eant actions.
H e asked the I t meant th a t H ouse to consider for a moment w hat th a t position amounted to.

7 5 those persons who conceived it to be their duty— most unhappily and wrongly con- ç onfesseg rec(;i.

«eired it to be their duty— to urge the Irish peasants to com m it ordinary offences, for tll(je Qf motiVe * which they would be treated by punishm ent under the ordinary law , were to receive a of Irish mem- far less share of punishm ent than those whom they practically drove to the com- kers.
mission of crime.

H e could hardly believe th a t hon.

gentlemen who urged th a t con­ tention were serious.

H e could understand th a t a perverted sense of public duty m ight iaduce hon.

gentlemen to urge the Irish peasants to the commission of crime, but he could not conceive th a t they «hould come down to the H ouse and ask the House and the British public to tre a t thoso who provoked to crime in a different m anner from their victims.
H e could hardly believe th a t they seriously contem plated the proposition which they asked the House to accept.

For themselves— those who were Perversion of going to make the speeches—they asked one measure o f justice, and fo r those who were p^esiW and 31) going to be the dupes o f their speeches, another measure.

H e believed th a t when the line which those hon.


gentlemen were taking was thoroughly understood in Irelan d , it would hardly conduce to the continuance of the confidence, w ith which, doubtless, they were now treated by their followers in th a t country.” T his gave rise to Mr Balfour’s D uring tlie entire of th e year 1888, questions were continually raised upon th e subject in th e H ouse.

I n N ovem ber,’ 1887, M r ¥ m .


O’Brien, M .P., and M r. M andeville w ere first imprisoned, and th e ir trea tm e n t gave rise to m any indignant protests during th e Recess.
W hile th e y w ere con­ fined in Tullam ore Jail, M r. C. J. O’Donel, th e respected police m agistrate of D ublin, who had to sentence th e L ord M ayor (M r. T. D. Sullivan) in December, 1887, for publishing in th e N a ti o n new spaper th e reports of suppressed branches of th e Iris h N ational League, ordered th a t th e accused be confined as a first-class m isdem eanant.
much discussion, and i t became notorious th a t u n d er th e Prisons A ct, 1877, posi 1011 m 18S3‘ every trib u n a l h a d fu ll pow er th u s to m itigate th e sentence; b u t from th a t date to th e p resen t no E..BÆ.
has ever ordered a prisoner to be de­ tained as a first-class m isdem eanant, th u s show ing a distinct policy on th e p art of th e Governm ent to inflict harsh and degrading punishm ent on political opponents sentenced under th e Coercion Act, resident m agistrates being, w ith th e exception of th e police m agistrates of D ublin, en tirely under th e control and subject to th e orders of th e E xecutive.
A nd in his speech a t B irm ingham , 1888, M r. B alfour gave a very p lain h in t to the m agistrates not to allow appeals, one or tw o of th e county court judges having modified th e sentences of th e resident m agistrates by p re ­ scribing detention as first-class m isdem eanants.
of one m onth or under can be appealed from, and for a long period d uring trick, th e adm inistration of th e A ct sentences of one m onth, or tw o cum ulative sentences of one m onth on various charges, w ere given in order to defeat and sh u t out all appeals.

I n Irela n d no sentence A siiameflll Tow ard th e end of 1888 M r. Balfour, u n der th e pressure of public speech, is th opinion, gave th e first sign of yielding on th e subject.
On th e 1 8th D e- Dec., 1888. cember, 1888, in a debate in th e H ouse of Commons on th e Civil Service E stim ates (H a n s a r d , vol.

332, pages 738 to 743), th e Chief S ecretary said :— “ T he r ig h t hon.

g en tlem an (M r. S exton) h a d challenged him to say u n d e r w h at s ta tu te it was ju stifiab le to use violence to com pel a p riso n er to su b stitu te prison clothes for his ow n clothes.
T h e s ta te of th e law , he w as advised, w as th is —th a t certain ru les having been la id dow n fo r th e discipline of th e prison, it 7 6 w as ju stifiab le, an d n o t only justifiable, b u t o b lig ato ry 011 th e p riso a authorities, to use th a t degree of force, a n d no m ore, th a t m ight be req u ire d to enforce obe­ dience to th e ru les so laid dow n. N o evidence h ad been ad du ced b y th e righ t hon.
gentlem an, o r by anyone else, w hich w ould lead him to believe th a t more th an th a t necessary am ount of force had ever in an y case been u sed w ith reg ard to an y p riso n er in Irela u d .

So m uch for th e q uestion of com pelling prisoners to wear Mr. Balfour and prison clothes (see page 32).

T h e rig h t hon.

gentlem an had discussed th e question of j .

B alfo u r’s) resp o n sib ility w ith reg ard to th e fram ing of prison rules j^g the priests.
w hich h ad been given in th e case of tw o p riests w ho h ad been im prisoned in Ire ­ la n d in rece n t years.

T he rig h t hon.

gentlem an v ery n a tu ra lly discussed the rela x a tio n of th e ru le u n d e r w hich p riests w ere n o t com pelled to w ear prison dress ; an d he ask ed him on w h a t possible principle he h a d gone so far as lie had g o n e; an d if he h a d gone so fa r as he had, w hy h ad he n »t gone fa rth e r?
He a tte m p te d in th e v e ry brief an sw er he gave th a t d ay in re p ly to th e r ig h t hon.

gentlem an th e m em ber for N ew castle (Air.

Jo h u M orley) to explain his position in th e m a tte r. B oth the r ig h t hon.

gentlem an, th e m em ber fo r N ew castle, a n d the rig h t hon.

gentlem an, th e L ord M ayor of D ublin (M r. Sexton), had in form ed him th a t he was n o t co rrect in saying th a t p riests w ere n o t canonically obliged t o wear th e dress of p riests.
H e q u ite a d m itte d th a t he w as n o t an a u th o rity on canonical laws, an d he bow ed to those w ho h ad su p erio r know ledge ; b u t th o u g h h e was w rong, he d o u b ted not, upon th e canonical obligation of a p riest to w ear ecclesias­ tic a l dress, th e re could be no d o u b t from the speech of th e rig h t hon.

gentlem an (M r Sexton) him self, th a t he (M r. A. J .
B alfour) w as rig h t upon th e view he took in reg ard to th e a ttitu d e w hich w ould be ta k e n b y C atholics on th e question of com pelling p rie sts to w ear p riso n d ress ; because th e r ig h t hon.

gentlem an had s ta te d th a t he (M r. A. J .

B alfour) w as too p ru d e n t—in o th e r w ords, too m uch afraid — to m ake p riests w ear prison dress in Ire la n d .

T h e charge of cow ardice w as n o t one u su ally levelled a t th e G overnm ent of Ire la n d .
B ut, a t all events, th e rig h t hon.

g en tlem a n ’s p h rase proved th a t th e p rie sts them selves, an d those who sh ared the sam e religion, w ould be deeply m oved by th e fa c t th a t th e p riests had to p u t away th e g arb s or robes w hich d iffere n tiated them from o rd in ary laym en, and to p u t on p rison clothes.
T h a t w as all he desired to say to ju stify , in so far as he m ight Observe the u*e ju s tify , th e actio n he h ad ta k e n in th is m a tte r. H e had n ev er p reten d ed th a t the course he h a d p u rsu ed w as free from doubt an d difficulty ; b u t, on th e whole, of pronoun.

to balancing the conclusion though hon.
g entlem en h a d n o t h e sita te d th e course he pursued, an d h ad n o t s h ru n k from try in g to m ake his position in th e m a tte r diffi­ c u lt because he d e p a rte d from th e o rd in ary rules, th e y had n o t y e t said anything in th e d eb ate w hich e ith e r convinced him th a t he w as wrong in going so fa r as lu had gone, o r convinced him th a t lie o u g h t to have gone fa rth e r. H e absolutely d eclined to m ake an y fu rth e r relax atio n in th e rules in favour of p riests.
The righ t hon.

gentlem an asserted th a t he had m ade relax ation s in th e case of p ri *sts because of th e ir elev ated social position, and he founded npon th a t an argument which - would c irry with it the necessity o f dealing leniently with everyone lulio held an elevated social position.

[M r. S exton dissented*] H e had n o t th e least desire to press th a t, if th e rig h t hon.
gentlem an d id n o t th in k th a t his p hrase, ‘ elevated social p o sitio n ,’ could be used to bring w ith in th e circle of relaxations any other class of th e com m unity.

T he rig h t hon.

gentlem an, through th e w hole of th is p art An evasion.

The h jg Sp eech, seem ed to assum e th a t because these gentlem en were alleged to have twíen motive b ro k en th e law th ro u g h th e ir sense of d u ty th e y should be tre a te d differently from and crime is o r d i n a r y prisoners.
B u t the right hon.

gentleman would see that i f that principle.

dealt w ith in were to be carried out it would profoundly m odify prison discipline, not only in Ire- the court The Jam/ but in England.
The governors o f prisons would have to consider not merely j a i l e r 'should tie - what a m an had done, but what ruere his motives in doing it— not merely what the sen- cide whether a tence injlirted by the court was, but how it should be modified by the Executive m view oj man should be a tirst-classmis- demeanant or not.
th e pros an d cons as carefu lly as he could, he came justifiable relax atio n , an d intentions w ith which the prisoner had coJnmittedthe offence.” j / r> S exto n —“ A nd seditious libel, rela x a tio n w as a to challenge ïra sio » .

th a t th e M r A .

J .

B a l f o u r — “ By s ta tu te , undoubtedly, sedition an d seditious libel ^ir.

Balfour’s 7 7 i - on.

*,thie* [An hon.


m em ber w ere tre a te d p ecu liarly ; b u t th e re w ere m any offences besides sedition and sedi- crocodile tious libel w hich w ere com m itted by th e offender c i w h a t th e offender supposed to be conscientious grounds.

T he illu stra tio n he h a d u s e d before w as as good as any vaccinati o th e r I t was the illu stratio n of those w ho declined to obey th e \ accination A cts.
Could t h e r e be a clearer case of violating an A c t of P a r l i a m e n t on conscientious grounds ?

T he persons to whom th e rig h t hon.


gentlem an alluded, w ho com m itted crim es in Ire la n d , w ere persons w ho m ig h t no d oubt, have comm:Ltteci offfencea on conscientious grounds, o r th e y m ight n o t; b u t a person w ho refused to h a v e his child vaccinated could, b y no possibility, be a c tu a te d by any m otive H e m u st do i t from a conscientious belief t h a t he w ould be ru in in g th e h e a lth of his child if h e had it vaccinated.
T herefore, if any class of th e com m unity o u g h t to h ave relax atio n of prison discipline ex ten d ed to th e m su rely it should be t h a t class w ho refused to obey t h e V accination L a w s .
So th ey o u g h t.” 1 “Y es, b u t i t had n ev er been done, n o r in all th e vaccination debates lie had listened to in th e H ouse of Comm ons h ad he ever h eard it asserted th a t if a m an was com m itted to prison he should b e co m m itted u n d e r d ifferent regulations to those w hich applied to o th e r prisoners.
M any m en had contended t h a t such p e r ­ sons o u g h t n o t to be se n t to prison ,b u t no one, so fa r as he knew , h a d ever y e t contended th a t, if th e y w ere se n t to prison, th e ru les ap p lied to th e m should be I h e rig h t hon.

of an e n tirely different, k in d to those applied to o th e r prisoners.

gentlem an w ould recollect th a t he (M r. A. J .


B alfour) did n o t adm it, and h ad nevei adm itted, th a t th e re was an y d istin ctio n in crim in ality b etw een th o se sen t to prison u n d er th e Crim es A ct an d prisoners u n d e r th e o rd in a ry law .

H e d id n o t d esire to argue th a t p o in t now ; b u t, as th e rig h t hon.
g en tlem a n based a la rg e p a r t of his arg u m en t upon it, he th o u g h t it n ecessary to e n te r his caveat th a t th e procedure bv w hich crim e was b ro u g h t hom e to th e g u ilty w as u n d o u b te d ly d ifferen t u n d er t h e C rim es A c t to w h a t i t was u n d e r th e law w hich p rev ailed m E n g lan d , an d used to prevail in Irelan d .
T h e law itself, for th e b reach of w hich th e people w ere punished, was no t iii any essen tial p a rtic u la r d ifferen t from th a t u n d e r w hich th e in h a b ita n ts of E n g lan d an d S cotland lived.

H e re g re tte d th e rig h t h o n .

g e n tle ­ m a n sh ould have condescended to su g g est th a t im p riso n m en t u n d e r th e Crim es A c t was an easy m ethod of g e ttin g rid of a p o litical opponent.

T h e r ig h t hon.
T h e r ig h t hon.

gen tlem an m u st have been p erfectly aw are th a t in u tte rin g th a t phrase he d e ­ scended to a mode of arg u m e n t less rep u ta b le th a n t h a t to w hich, to do him iu stice, he u su ally confined him self in th e H ouse.
H e m u s t be p e rfe c tly aw are th a t to a s se rt th a t any G overnm ent, T o ry o r R adical, could contem plate im p riso n ­ m e n t as a convenient m ethod of b reak in g dow n th e h e a lth or d estro y in g th e life of a political opponent, was a g rotesque co n ten tio n to re so rt to in th e E nglish H ouse -of Commons.

A p a rt from generalities, th e y m u st be aw are t h a t th e prisoners, w hom th e rig h t hon.
gentlem an, described as political, w ho h a d been Pu t ,^ ° p riso n u n d e r th e Crim es A ct, had been treated w ith extraordinary consideration, and th a t if th e re h ad been any d e p a rtu re w h a te v e r from o rd in a ry prison t i e a t 0ffences were m en t in th e ir case, th e d e p a rtu re h ad alw ay s been on th e side oi leniency.

hon.
hon.

m em ber for N o r th - E a s t C ork him self— who h a d , so to speak, led th e a tta c k on th e p re se n t q uestion—w as a standing exam ple of th e m an n er in w hich th e p riso n rules had been applied in Ire la n d .

T he hon.

gentlem an h a d been tre a te d in hospital ; his h e a lth h ad been m o st carefully looked a fte r, an d he had been t r e a t e d w ith ev ery consideration.

M oreover, he believed th a t a colleague ol th e rig h t hon.

gentlem an, t h e hon.


m em ber for E a s t M ayo (M r. B illon), w as never o u t of ho sp ital for a single d ay w hile in prison, and con siderable tro u b le was ta k en to see th a t th e p a rtic u la r m aladies from w hich he suffered should be tre a te d n o t m erely according to th e advice of th e prison doctors, b u t ac­ T h erefo re, th o se criticism s co rd in g to t h e b e s t advice w hich could b e got.

th e cam e from th e rig h t hon.

gentlem an w ith a v ery ill grace.


rig h t hon.

gentlem an’s c o l l e a g u e s m u st be p erfectly w ell aw are tn e p riso n ru les had been m odified a t all in connection w ith th em , th e y h ad cer­ tainly n o t been modified in th e directio n of m ak in g th e m harsher.
H e had Some of th a t, it J lie political t , v n e v e r said in th e H ouse th a t he was an a u th o rity on p riso n discipline, n o r had h e e v e r p re te n d e d th a t he h ad looked in to th e question from an y in d ep en d en t point- or view .

H e h ad rested his position upon th is p a rtic u la r issue.
If th e y th o u g h t th e prison rules should be m odified in Ire la n d in relation to so-called political priso n ers, th e y m u st m odify th em in reg ard to ord in ary prisoners also ; and if th e y th o u g h t th e y should be modified in connection w ith o rd in ary prisoners in Ire la n d , th e y m u st be m odified in connection w ith o rd in ary prisoners in E n g lan d : and th ey m u s t m odify th em in E n g lan d before th e y m odify them in Ireland because th e prison rules in E ngland w ere s tric te r and h arsh er th a n th e prison rules* w h ich ap p lied to Ire la n d .
W h en hon.

gentlem en opposite,cam e forw ard an d moved fo r some general in q u iry in to th e w hole m eth od of prison tre a tm e n t th ro u g h o u t th e U nited K ingdom —n o t in connection w ith one p artic u la r class, n o t in connection w ith one p a rtic u la r p a rty , n o t in connection w ith th e ir own frien d s—then he was perfectly read y , as far as he w as concerned, to say th a t he h ad no objection to th e in q u iry .
H e could only ad d th a t th e rules u n d er which prisoners in Ire la n d a t th is m om ent w ere tre a te d w ere n o t an tiq u a te d rules, b u t th e y w ere rules recently of rev ised by a R oyal Com m ission, and he could n o t conceive th a t if th e y w ere to -v a p p o in t a new R oyal Com m ission to in qu ire in to th e operation of th e prison rules ant^ Ire la n d , such a com mission w ould see any ground w h atev er for on m odifying th e decisions w hich h ad been arriv e d a t b y th e ir predecessors, or th a t th e y w ould th in k it consistent w ith th e ir view of th e m ethod in w hich prison, discipline should be reg u lated in th e U n ite d K ingdom to m ake any change of an im p o rta n t ch a ra c te r in th e rules w hich governed, a t th e p resen t tim e, not Iris h prisons alone, b u t E nglish, Scotch, an d Iris h p riso n s.” The trea tm e n t as ordinary crim inals of political opponents such as Mr. Sheehy, M .P .
; th e Messrs. Redmond, M .P .’s ; A lderm an Hooper, M .P.

; ■Mr* Lane, M .P.

; M r. Pox, M .P.

; and M r. Condon, M .P., and m any others, for open and advised speaking, had by th is tim e roused a strong feeling in E ngland, and several Conservative m em bers expressed them selves against th e needless de-gradation of Irish representatives.

I n F ebruary, 1889, •Mr* W illiam O’B rien had again been imprisoned.
H is sufferings in Clon­ m el jail, th e b ru ta l strippings, and clippings, roused a dangerous feeling of exasperation among th e Irish members, and in E ngland a distinguished The agitation was renewed Com m ittee of N ational P ro test was formed.

in P arliam ent, and on th e 2 5 th F eb ru ary , 1889, th e Chief Secretary th u s delivered him self— ' “ 1st.
\ \ h a t are th e ac tu a l prison rules, and,, secondly, oug h t m em bers of th i 3 H ouse, an d o th ers b ro u g h t up u n d er th e C rim es A ct, to be tre a te d in th e sam e m an n er as o th ers a re tre a te d ?

I hope th e H ouse w ill u n d erstan d th a t th a t d istin ctio n o u g h t to be k e p t in view by any m an who desires to have a perfectly clear view of th is case.

T he rig h t hon.
T he rig h t hon.

gen tlem an has, I th in k , agaiu in th is H ouse, as lie did in th e co u n try , en tirely m isled his audience as to my relation I s ta te d —and la m perfectly read y to say it again—th a t w ith th e P riso n s’ Board.

th e m anagem ent of prisons in Ire la n d is n o t in m y pow er, and no m ore it is.

W h a t is know n as th e C hief S ecretary's D ep artm en t is a perfectly definite official I am n o t dealing w ith technicalities a t all.
T he essential difference organisation.

I t is th is —a n y th in g w hich is in m y d e p a rtm e n t I am d irec tly responsible for.

com es before me in th e o rd in ary course, and my signature is required before any m a tte r can be carried out.
I t is carried on by a sta ff in th e Chief S ecretary’s D ep artm en t. T he P riso n s’ B oard bears precisely th e sam e relation to th e L ord L ie u te n a n t and th e C hief S ecretary , w ho advises th e L ord L ieutenant, as the P riso n s’ B oard in E ngland bears to m y rig h t hon.
friend, th e H om e S ecretary (ironical O pposition cheers), and I say in E ngland, as in Ireland, it is absurd to say th a t th e m anagem ent of prisoners is in my d ep artm en t (M inisterial cheers, and 79 O pposition cries of ‘ Oh, oh ’).

T he rig h t hon.

gentlem an, th e m em ber for M id­ lo th ian , expresses every sign of disgust and disapprobation a t th a t sta te m e n t (Op­ position cheers).
T h e in te rp re ta tio n w hich I u n d e rsta n d is received a t the H om e Office in E ngland, is th a t th e H om e S ecretary has no d ire c t control over th e d estin y ■of prisoners.

I t is his business, no doubt, in connection w ith P a rlia m e n t, to fram e law s for prison discipline ; b u t i t is n o t th e business of th e H om e S ecretary, n o r of i i s d ep artm en t, to control th e sep arate destinies of in d iv id u al prisoners (cheers).
I have never denied th a t I have relatio n s w ith th e P riso n s’ B oard.

Of course n o t (Iro n ica l H om e R u le cheers).

1 am n o t only n o t denying it, b u t I am proclaim ing i t on th e house-top.

I have n o t, how ever, th a t control over sep arate prisoners w hich m em bers opposite w ould a ttr ib u te to me.

T hen comes dow n th e rig h t hon.

,gentlem an, and n o t for th e first tim e, he says : ‘ H ow comes it, th e n , th a t you have relaxed th e rules in favour of p rie s ts ?
’ I have never concealed from th e H ouse th a t it was, in m y opinion, a very d o u b tfu l p o in t w h eth er th a t re la x a tio n w as n o t a strain in g of th e A c t (Opposition cheers).

I have said so before, and I am p e rfe c tly read y to say so again.

B u t I have m ade in q u iry , and I find th a t in E ngland precisely th e same k in d of relaxation is m ade w hen questions of religious feelings or religious prejudices come in to account.
I find, for exam ple, in E n g lan d th e re have been regulations m ade and acted upon by w hich Je w s have certain privileges as regards food prescribed b y th e Je w ish creed.

I also find th a t, as fa r as possible, th e prejudices of H indoos w ith reg ard to caste a re respected in E nglish prisons.

I m aintain, therefore, th a t in m aking th e relax atio n to w hich I h av e allu d ed , I have, unconsciously, I ad m it, follow ed th e analogy of th e E n g lish p ractice.
H ow is th e case to be distinguished from th e action w hich th e rig h t hon.

g entlem en desire me to ta k e in dealin g w ith th e p a rtic u la r destinies of in d iv id u al p risoners in th e w ay of relax atio n in prisons ?

I m a in tain th a t th e tw o cases are a b ­ solutely different.

I n one case Id e a l w ith a p erfectly defined clans.
I deal w ith th a t The Crimes Act « lass n o t by w ay of m akin g th e ir p u n ish m en t less, b u t by w ay of m a k in g th e ir punish- prisoners are a m e n t equal, because I ho ld—an d I am su re th e H ouse w ill agree w ith m e— th a t it j^ ed class.6 is an ad d itio n al p u n ish m en t to com pel a p rie s t to do th a t w hich th e rules of th e R om an C atholic C hurch, e ith e r forbid or discourage him from doing.
Y ou w ill observe th a t th e re are tw o w ide d istin ctio n s betw een th e actio n I have ta k e n an d th e action I am asked to take.

On those tw o d istin ctio n s I have p a rtly based, th o u g h I have got o th e rs—th e ju stificatio n of w h a t I have done, an d th e ju stifica­ tio n of th e refusal of th a t w hich I w ill n o t do.

B u t th e re is even a fu rth e r reason.

T he rig h t hon.
T he rig h t hon.

gentlem an tw its me w ith th e fact, th a t I h av e considered I ris h se n tim e n t in m aking th e rela x atio n w ith re g a rd to p riests.
P ro p e rly speaking, I have no objection to th e in d ictm en t. T h e H ouse is aw are th a t, speak in g bro ad ly , we m ay say th a t ev ery m em ber of th e disestablished C h u rch in Ire la n d , ev ery m em ber of th e W esleyan body, and ev ery Q uaker, is a m an n o t only a tta c h e d to th e Union betw een Ire la n d an d th is co u n try (cries of ‘oh, o h ,\fro m th e O pposition), b u t ferv en tly approves th e a d m in istra tio n of th e Crim es A c t as carried on in th a t c o u n try (renew ed cries of ‘ oh, o h ’).
I also a d m it it is tru e th a t alm ost ev ery le a d in g R om an C atholic of position, w h eth er a t th e B ar o r 011 th e B ench—w ell, I <lo n o t know ab o u t th e B ench—w h eth er in com m erce, or w h atev er line of life he m ay be—alm ost ev ery leading R om an C atholic shares th e sam e view (‘ oh, o h ,’ from the H om e R ule m em bers); b u t, n ev erth eless, rem ains, th a t u n ­ d o u b te d ly th e g re a t m ass of su p p o rt w hich th e G overnm ent receive in p o in t of nu m bers in Irela n d , in th e ad m in istratio n , are P ro te s ta n ts .
W as th e re n o t, u n d er th ese circum stances, g re a t d an g er th a t th e issue we w ere fighting, in I r e ­ la n d —th e issue betw een law an d d iso rd er (cheers an d H om e R u le laughter)^— w h eth er th is issue should n o t be confounded w ith th o se an cien t an d p eren n ial religious q uarrels, w hich added so m uch to th e u nhappiness of a c o u n try w hose p olitical h isto ry has been fa r from fo rtu n a te ?
W a s n o t th a t a reason, in ad d itio n ■to all o th e r reasons, w h y I should ta k e every pain s in m y pow er to m ake it clear to every R om an C atholic in Ire la n d an d o u t of it, th a t, w hile I w as determ ined, irre sp e c tiv e of creed o r statio n , to enforce th e law , I w as m ost anxious in ev ery resp ect to consider th e leg itim ate p reju d ices of th e R om an C atholic p riesth o o d ?

th e fa c t (H om e R u le lau g h ter).

T hen th e rig h t hon.


gentlem an proceeded to m ake some observations upon th e su b ject of h a ir-c u ttin g in ja il, an d he ap pears to assume th a t th e p ractice of clipping h a ir began for th e tirst tim e la s t O ctober.

T hat I believe to be an absolutely unfounded statem en t. If my recollection serves me a rig h t, I do n o t th in k an y prisoner in Ire la n d has been exem pted except upon a d o c to r’s certificate.

A d o c to r’s certificate w as given in th e case of th e hon.
m em ber for E a s t M ayo, an d M r. B lu n t.” M r. D illon.

— “ W ill th e rig h t hon.

gentlem an be k in d enough to sta te th e n atu re of th e disease w hich p rev en ted m y h a ir being cu t ?” (O pposition laughter).

M r. A .

J .

B a lfo u r.— “ M y recollection of th e diseases of th e hon.

m em ber is not v e ry com plete, alth o u g h I have re a d a g re a t deal ab o u t them (cries of ‘ oh,’ and hisses from th e O pposition side).

I th in k hon.

gentlem en are a little unreasonable.


I f I am ask ed a question I m ay be p e rm itte d to answ er it.

T here is no dou b t th a t th e m em ber for M ayo is a gentlem an of delicate co n stitu tio n .

H e was in hospital d u rin g th e w hole tim e of his confinem ent in ja il, and, n atu ra lly , un d er those circum stances, I had to read various re p o rts concerning th e sta te of his health.

I have said n o th in g offensive e ith e r to him or to th e H ouse.

I am sure th e hon.
I am sure th e hon.

m em ber w ill accep t m y assurance th a t n o th in g personal to him w as m eant.

The rig h t hon.

gentlem an appears to th in k th a t th is is a specially Iris h form of b rutality of tre a tm e n t. T h ere is th e case of th e m em ber for L an ark (M r. C. G raham ), and if an y m an in E n g lan d w as se n t to prison for a political offence—nam ely, for p artic ip a tio n in a rio t in T ra fa lg a r S q u are—he w as.
H e had his h a ir cut, he h a d to sleep on a p la n k bed, h e n ad to p u t on th e prison dress ; an d y e t, without, p ro te s t, w ith o u t ag itatio n , he w e n t th ro u g h all th e so-called degrading punish­ m en t w hich now moves hon.

gentlem en w ith h o rro r an d te a rs.” M r. H eal//.— “ H e was convicted b y a ju ry of his own co u n try m en .” M r. A .

J .
J .

B a lfo u r.— “ T h e d istin ctio n , therefore, of th e learned gentlem an is th is —a m an convicted b y a ju ry m ay have in d ig n ities placed upon him , but a man n o t so convicted m ay n o t. T h ere is an end of y o u r prison case, if th a t is your argum ent.

I do n o t th in k I need go fu rth e r into th a t question a t th e present m om ent.

I said to th e H ouse on F riday night, th a t th e fears of th e hon.
member for C ork—th a t no Iris h N a tio n a list w ould condescend to ta k e ad v an tag e of a d o cto r’s certific ate—w ere w holly unfounded.

I s ta te d th a t th e sta tistic s I had collected prov ed th a t th e re h ad been a g re a t deal m ore of relaxation for persons com m itted u n d e r the C rim es A ct, th a n for persons com m itted un d er th e ordinary law .
A ccording to th e s ta tis tic s for la st m onth, th e percentage is 4 p er cent., in cases of o rd in ary crim e, and 18 p e r cent, in cases u n d er th e Crim es A ct.

The r ig h t hon.

gentlem an says, ‘ Y ou a re sh elterin g yourself u n d er a doctor’s certifi­ c a te .’ T h is is h is criticism .

B u t how does th a t consist w ith th e charges daily b ro u g h t ag ain st me by th e rig h t hon.

g en tlem an ’s frien d s—th a t I desire to m u rder my political opponents ?
Choose w hich branch of the charge you like to m ake, b u t do n o t m ake both (renew ed cheers.)
Do n o t a t once say , ‘ Y ou are using prison doc­ to rs for th e purpose of slau g h terin g y o u r o p ponents,’ and, a t the sam e tim e, say, r Y ou are exercising illeg itim ate pressure upon y o u r prison doctors, in o rder to m ake y o u r p a th in th e H ouse of Com m ons easier.’ Even m ore strik in g is the case of th e five gentlem en who have been p u t in to prison in connection w ith the recen t efforts to s tir up d isorder in K erry .
Of th e five I find th a t only one has ta k e n his prison tre a tm e n t in th e o rd in ary w ay.

T he o th e r four, although they have all show n g re a t energy in carry in g o u t th e ag itatio n , have acted differently / M r. H ealij.— “ G ive th e nam es, an d th en there w ill be no m istak e.” M r. A .

J .

B alfour.

— “ T he m em ber for K e rry , he was not p u t in prison, because th e d octor said it w ould endanger his life.
H e had been w orking w ith g re a t energy, an d had show n no signs of weakness (‘ oh, oh ,’ and an Iris h m em ber— ‘ W h a t do I am m aking no accusation ag ain st him (ironical laug hter you in sin u ate ’ ?

).

from th e Iris h benches).

T here is th e m em ber for N o rth -E a s t C ork, whose case we all know about.
T hen th e re is th e case of M r. O’Connor, who was discovered 81 / am not qoing to argue the case whether they ought to be treated as Balfour avoids Issue*' to be epileptic, and he had to be discharged.

T hen th e re is th e case of Mr. Kinucane.

He was p u t in h o sp ital from th e first d ay of his a rriv a l. T h a t accounts for four or five whose lives I am try in g to ta k e (cheers).

Now' I w an t to know w hat justification th e re is for accusing m e of cynical b ru ta lity to th ese m en ?
(cheers).

ordinary prisoners.

Ï shall come to th a t by-and-by ; b u t, assum ing th a t to be th e case, w h at justification is th e re for th e charges m ade ag ain st me on every platform I am charged w ith having je sted over th e sufferings of in E n g lan d ?

(cheers).

those people (hear, hear).
(An Iris h m em ber— ‘ Sham e.’) I have n ev er done so (hisses), b u t in m y opinion a g re a t deal of w h at has gone on is essentially ab su rd (cheers), and u n w o rth y of g rav e tre a tm e n t, although, I have alw ays tried to tr e a t i t g rav ely ; and above all, in th e m orbid and diseased state of th e public m ind (laughter), w hen an audience lik e th a t addressed by th e m em ber for N ew castle could find te ars to w ipe aw ay over the disrobing of M r. O’B rien, b u t only laughed w hen th e r ig h t hon.
gentlem an m en­ tioned th e d eath of Mr.

In sp ecto r M a rtin .” Sir, I have never je sted .

M r. J .

M orley.— “ I I was presen t a t th e m eeting, and all I can say is I d id n o t h e a r la u g h te r n o r did th e reporters of any new spapers except tw p .” a m sorry to in te r ru p t th e rig h t hon.

gentlem an.

in th e tra g e d y tr a p doors, is being en acted im p o rta n t place.

Ire la n d (cheers).

W e see in contem porary Iris h h h to ry , w hich is fu ll of ^tragedy, Mr. A. J.
B alfour.— “ T he tr u t h is u n d o u b tly th a t, as I a d m it, you have produced some te m p o rary effect am o n g st y o u r ow n follow ers.

I fear th e y believe seriously th a t a g ran d th e m echanism , we see th e scene-shifting.
W e u n d e rsta n d it, and, no doubt, th e B u t I p ass from trag ed y of M r. O ’B rien deserves an these exercises to th e la rg e r an d m ore im p o rta n t question, w h e th e r we o u g h t or o u g h t n o t to m ake a d istin ctio n betw een C rim es A ct p riso n ers an d o th e r p ri­ soners ?
Now, i t seem s to me th e re is a confusion of th o u g h t here, alm ost exceed­ ing th e inaccuracy of statem en t. As I g a th e r, th e re are th re e arg u m en ts for this distinction of tre a tm e n t. T h ere is th e p o p ular-m an arg u m e n t—th e arg u m en t w hich says th a t because a m an is a good speaker, or hap p en s to be po p u lar, he is not to be tre a te d as an o rd in a ry prisoner.
N e x t th e re is th e genteel a rg u m e n t— th a t because a m an has been b ro u g h t u p in circum stances of com fort and lu x u ry , therefore he has to be tre a te d m ore te n d e rly th a n th e m an w ho has h ad a rough life, an d w ho has h ad h a rd e r fare.
(‘ N o .’) T h a t arg u m e n t has c o n stan tly been used ; and th e re is th e th ir d arg u m e n t—t h a t th ese are p o litical offenders, an d b e­ cause th e y are p olitical th e y ought to be tre a te d w ith g re a te r rela x atio n th a n I th in k th e first a rg u m e n t is w ould be th e case if th e y w ere o rd in ary offenders.

wholly absurd.
wholly absurd.

T h e m em ber for B rid g eto n m ade a speech ab o u t th e eloquence of Mr. O ’B rien, and founded on th a t an arg u m e n t th a t he should be tre a te d differ­ ently.

I w ill n o t d isp u te w ith th e r ig h t hon.

g en tlem an ab o u t M r. O ’B rien s style.


N o m an has h ad m ore experience of it (laughter)- B u t to me it seems absolutely absusd, because an y in d iv id u al h appens to be g ifted w ith eloquence, or any o th e r q u alities w hich endear him to large m asses of m en, for t h a t reason he is to be speciallv tre a te d .

A s to th e genteel argum ent, I w ill only say t h a t th e re is ^ criminal is th is m uch for it.

been b ro u g h t u p w ell.

it has some m eaning.


V e ry good, th e n ; carry it o u t in y o u r prisons generally.

T h ere are 20,000 prisoners on any given d ay in E ngland, S cotland, an d Ire la n d If you w an t un d er th e o rd in ary law .

T h ere are a b o u t 100 C rim es A ct prisoners.

to reform , begin w ith th e 20,000, and n o t w ith th e 100 (hear, hear).
I come now to th e m ore im p o rta n t arg u m en t, w hich says th a t a distin ctio n o u g h t to be draw n because th e C rim es A c t prisoners are g u ilty of a political offence.

I am bound to say th a t B en th am w ould have fa in te d if he h a d h eard th a t argum ent.

Does th e rig h t hon.


gentlem an seriously lay it d o w n in th is H ouse th a t th e E x e ­ cutive G overnm ent should choose o u t for special fa v o u r, fo r special tre a tm e n t, those prisoners who possess certain qu alities ?» B e n th a m w o u ld h a v e been sh o c k ed beyond m easure (cheers).
I t is said th a t th e p u n ish m en t is increased to th e m an w ho has criminal no I th in k , perhaps, th a t is a stro n g argum ent ; a t a ll events m atter how I do no t deny th a t in one sense these oÿences are |®ptsP ,|7CI1’ 8 2 ta k en , T herefore, justifies him.

to penal servitude Sec P a rt I pages /.)

.v (laughter and ‘ N o ’).

if y o u r ow n account be political, b u t in a n o th e r sense th e y are not.
Y ou yourselves have been in th e h ab it of I t is said th e ir o b je ct is to p re v e n t people from being saying th a t th e y are n o t. tu rn e d o u t of th e ir houses an d homes.

T h a t m ay be a good o bject, b u t it is n o t a p o litic al object.

th e y are not po litical offenders.

B u t I w ill give you th is.

These m en, I do n o t doubt, have a political object in view.
They have stated over and over again th a t they are carry­ ’68, ing on a w ar—th e rebellion of ’98, th e rebellion of ’48, and the rebellion of (a laugh).

They have acknowledged th a t. Some of them have announced that they adhere to th e physical force p arty .

I quite a d m it that th ey have a political object- J that these m en are ca rryin g on war, a n d th a t rebellion m akes them political offenders.

1 es, a n d it m akes the d yn a m iter a political offender (cheers).
I t makes the politic cal assassin a p o litic a l offender (laughter).

A n d until you are prepared to carry out your principle to a logical conclusion, u n til you are prepared to say th a t th e man who attem pts to blow up this House, or m urder a Chief Secretary or other official is to be treated with relaxation of the prison rules, your political offender argum ent, in my opinion, absolutely falls to the ground.

The right hon.
The right hon.

gentlem an seems to hold th a t because a m an aims a t a good object, th a t Is the right hon.

gentlem an so ignorant of jurisprudence as to hold th a t because a m a n aims a t a good object th a t is a ground for giving him special an d exceptional treatm ent?

I cannot I cannot regard a regard a b etter object th an a man supporting his wife and familv.
m >re shocking thing, than a man know ing th a t he leaves a wife and children starving ; vet if he goes out and steals something, you do not make th a t m an a first-class mis­ dem eanant—you send him I w ant to know how you are to reconcile facts like th a t w ith the position you now take up a 5» to I will take a stronger case—th a t of your own C orrupt Practices Act, good objects.

1885.
1885.

U nder th a t A ct, if a m a n corruptly gives £5 to assist in bringing him to P arliam ent, you send him to prison and inflict on him all th e ignom iny of ordinary im prisonm ent.

P erhaps he m ay be a member of this House—he m ay be passionately beloved by th e constituency he is wooing ; but on th a t account are you going to give The briber com- th a t m an exceptional treatm en t ?
U n til you can draw a distinction between him and ™ltSThe Irish™ tJie 9 entiemen below the ga n g w a y, I shall n o t a d m it nor accept that argum ent.

You I say th a t he members merely malum p r o h i b i - is indirectly responsible fo r the crime which he knows has often followed, and pro- tum.

T h a ts I think on th a t account it t km lbtinc ion.
would be a m onstrous thing to distinguish between those who come down to preach against the landgrabber and the m in who goes, in consequence of th at excitement, and fires bullets through the landgrabber’s windows.

B ut, if there is to be different I say that treatm ent, do you think the Governm ent ought to decide th a t question ?

a cou rt of law, and a court of law only, is entitled to say w hat sentence the man shall the member for undergo.
The rig h t hon gentlem an thinks I ought to excuse A m I to excuse N o rth -E a st C ork, M r. Sheehan, M r. F inucane, aud so on.

inci­ the th eir associates?

th a t doctrine te r to crime and Irish upon any p rin cip le of p riso n ers ?
W hy, sir, if th is prin ciple w ere carried out, w e should have to remodel, n o t only th e w hole prison discipline from th e to p to th e botto m , b u t th e whole I m ay say th a t I sh all n o t o bject m yself to have the p rin cip le of ju risp ru d en c e. question ad eq u a tely discussed ; b u t w hat I shall object to is th e carry in g o u t of th is principle for a first tim e on a political class.
I shall require th a t you make it general, an d th a t th e m easure you m ete o u t to th e C rim es A ct prisoners in Ire la n d , shall be m easured o u t to priso ners in E n g lan d an d Scotland.

T he rig h t hon.

gentlem an m issed o u t, as I to ld th e H ouse, all reference to th e accusations levelled ag ain st me, w ith reg ard to th e m a ltrea tm en t of prisoners.

These stories a re false.

(Times' P a rlia m e n ta ry D ebates, w eek ending M arch 2nd, 1S89, pages 6 to 59 inclusive).
case of the m an who deliberately breaks the law in Ireland.

bably— nay, will follow— from the action he has taken.

I am the crime.

Does he to excuse found the com m itter of I f so, does he ju risp ru d en c e ?

I am to do ( ‘ Y es.’) lim it i t th a t?


to I t was in th is debate th a t M r. Chamberlain, on th e 28th February, declared :— “ I w ould ad m it th a t it is a fa ir subject for discussion w h eth er th e gentlem en Poor Joe t convicted u n d er th e Crim es A ct, or th e m ajority of these gentlem en, should or tre a te d as first-class m isdem eanants, an d if a B ill or resolution should n o t be w ere b ro u g h t before th e H ouse, I confess I should be it.
*8 T im e t (P arliam en tary D ebates, F e b ru ary 28th, w eek ending 2nd M arch, page 135.)
to su p p o rt inclined Accordingly, on th e 13th M arch, 1889, M r. John O ’Connor’s m easure w as introduced, providing th a t a certain class of prisoners should be trea te d as first-class m isdem eanants, b u t M r. Cham berlain voted against th e measure, and M r. B alfour delivered th e follow ing speech :— “ N ow , observe we p rid e ourselves on th e fa c t th a t th e progress of dem o- Speech on Mr. cracy m eans th e progress of equal law s. B u t if you c a rry o u t th e principles 0 Connor s Bil!i recen tly developed on th a t bench you w ill have a n y th in g b u t equal law s (hear, hear).
I cannot im agine a n y th in g m ore d e trim e n ta l to progress of equal law s or to th e equality of sentences ; I can n o t conceive a n y th in g ag a in st w hich a m an in terested in eq u ality , should m ore stern ly set his face th a n th e d o ctrin e now en u n ciated from th e fro n t O pposition bench (cheers).
I hope th e H ouse has fol­ low ed th e controversy closely enough to u n d e rsta n d th a t it is n o t in th e in te re st of h u m a n ity , b u t of po litics, th a t th is ag itatio n h as been in th e first instance I could ad m it th a t th e people of this c o u n try are influenced started (hear, hear).

by m otives of h u m a n ity and of h u m a n ity alone.
B u t those w ho s ta rte d th e a g ita ­ tion, b y th e ir own confession, have been m oved b y p o litical considerations, an d p o litical considerations alm o st e n tire ly (cheers).

M r. O’B rien s ta te d , I th in k in th e P all M all Gazette, th a t th e p rim a ry object of his action w ith reg ard to prison tre a tm e n t w as to m ake th e governm ent of Ire la n d im possible (h ear, h ear).

A sim ilar declaratio n w as m ade b y th e hon.


m em ber for M ayo, confirm ing th e original sta te m e n t of M r. O’B rien, an d sta tin g th a t all th is a g ita tio n about prison clothes, tre a tm e n t, and d ie t h a d been s ta rte d for a p u rely p o litical object, an d in th e in te re sts of a p u re ly po litical p a rty .
T herefore, th o u g h th a t should n o t m odify any consideration w e m ay come to on th e m erits of th e question, le t us u n d e rsta n d th a t it is n o t h u m an ity , b u t politics, th a t is a t th e ro o t of th e w hole m a tte r (cheers).

W h y is it th a t in th is B ill, C rim es A ct prisoners alone a re con­ te m p la te d ?

W h y , because it is only in relatio n to Crim es A ct prisoners th a t you can g e t up p o litical a g ita tio n an d d eriv e p o litical capital (cheers).
Y ou w ould n ev er g e t a ‘ n atio n al p r o t e s t 5 in favour of th e v ictim s of th e V accination A cts or th e B rib e ry A cts, or th e w ay in w hich m em bers of th e S alvation A rm y a re tre a te d .
T h ey h av e no p o litical value, and therefore it is th a t y e a r a fte r th is H ouse, y e a r you allow is and a t fa r m ore applicable th e gangw ay, is th e m even w ith in th e fo u r corners of is no reference, how ever rem ote, to th e lo t of an y one of th e se classes of prisoners.

B u t w ill th is B ill satisfy th e gentlem en them selves who have b ro u g h t i t in ?

H e re I see a curious an d in ­ te re stin g con tradiction.

T he rig h t hon.
T he rig h t hon.

gentlem an, th e m em ber for D erby, in explaining his view s, told us th a t, ro u g h ly speaking, th e persons h e w an ted to relieve w ere th e persons w ho m ade speeches and w ro te articles.

T h a t, how ever, is n o t th e view of th e hon.

m em ber for C ork an d his p a rty s ittin g below th e gangw ay, for th e hon.
m em ber for C ork, a t a d in n e r a t th e E ig h ty C lub th e o th e r day, said * L a rk in w as convicted of a po litical offence, ju s t as m uch a p olitical offence as those com m itted by M r. O ’B rien and M r. C arew .’ N ow , w h a t w as L a rk in com ­ m itte d for, and w ho com m itted him ?

L a rk in w as a m an trie d b efore C hief B aron P alles for resistin g th e process of th e law .

(An hon.
(An hon.

m em ber— ‘ D efending his hom e ’), an d C hief B aron P alles sentenced him to 18 m o n th s’ h a rd lab o u r, an d a t th e end of th a t tim e to find secu rity for his good behaviour, w hich w ould give an o p p o rtu n ity to those w ho induced L a rk in to com m it th is crim e to come forw ard an d show them selves and find the sureties (a laugh).
N ow , th e H ouse w ill o b ­ serve th e tw o doctrines ; th e one p ropounded above th e gangw ay, th a t th e m an to go on u ncom m ented u p o n in a B ill w hich an y gentlem nn below th is m om ent w hen you b rin g to th a t B ill th e re th e ir fate th a n to in it W hat about re­ fusals to state cases for appeal ?

An admission.
An admission.

84 w ho m akes a speech or w rites an article , an d he alone, is a political offender, and should be tre a te d exceptionally ; a n d th e far m ore logical d octrine expounded by th e hon.

m em ber for C ork, th a t th e m an who defends his hom e—th a t is to say, resists th e process of th e law , is a political prisoner, an d is to be tre a te d as a first- cJass m isdem eanant.

T his Bill w ill n o t satisfy eith e r th e rig h t hon.
m em ber for D erby or th e gentlem en below th e gangw ay, because i t is founded on no principle, I am to ld th a t if w ill sta n d no exam ination, an d w ill n o t b ear a m om ent’s arg u m en t. you pass th is Bill you w ill m ake first-class m isdem eanants m en gu ilty of boycotting, of in tim id atio n , of rio t, of u n law fu l assem bly, of ta k in g forcible possession, an d of pro m o tin g th e objects of illegal associations.
N ow , are you really prepared, in the face of experience a n d Iris h h isto ry , to c a rry o u t a policy like th a t?

You h ad th e experience in M r. F o rs te r’s tim e of m aking these people first-class m isdem eanants, a n d th e re s u lt w as th a t it ceased to be a pun ish m en t, and becam e alm ost a luxury, to be sen t to prison.
I, th erefo re, claim to have shown, in th e first place, th a t a d m in istra tiv e in terferen ce is n o t th e pro p er m ethod of dealing w ith th is question, an d n o t th e m ethod th a t any previous G overnm ent has adopted, and n o t th e m ethod th a t th is G overnm ent could ad o p t w ith o u t grave danger to law in th is co u n try and in Ire la n d .

I have shown, in th e second place, th a t if th e co u rts of law have not carried o u t th e in te n tio n w hich th e r ig h t hon.
gentlem an th in k s th e y ou g h t to have I n th e th ird place, I carrietf out, it is because persons have not appealed to them.
have show n th a t th is B ill, if carried , w ould satisfy n eith er th e m em ber for D erby n o r th e m em ber for C ork, an d I have suggested w h a t I believe to be th e case, th a t if you are really to carry this Bill into effect, and to make the grave crimes I have enum erated only punishable by inprisom nent as first-class misdemeanants, you would rob punishm ent of th a t which alone m akes it valuable or justifiable namely, its d eterren t effects.
A few words in regard to my own view of this question.

I have been told over and over again th a t there is a great tide of public opinion rising upon this subject.

I am not a t all prepared to say th a t the judicious efforts of the gentle­ men who get up th e ‘ national p ro test ’ may not have produced an effect upon the public m ind in some p arts of the country.
I do not doubt it a t all ; but it is poor statesm anship to m ake irrational and wholly unjustifiable alterations in th e funda­ m ental law and procedure in this country (ironical cheers), in obedience to any mere passing phase of public opinion.

W hile I say that, I also fully g rant th a t it is equally poor statem anship n o t to try and find out wrh a t there is defensible, rational, and logical a t the bottom of the feeling which m ay have been excited in the country.
I wholly decline, I am utterly unable to accept the particular solution which has been given either by this Bill or any of the speeches which I have heard from gentlemen I t seems to me irratio n al, indefensible, and destructive of who support the Bill.

equality in the law; but I quite adm it th a t there may be, and very likely is, something entirely justifiable in th e feeling w hich has been aroused.
W ith regard to prison rules, I do not profess to speak as one who has either time or inclination to study thd question, b u t I also have to recognize th a t while th e tendency of modern legislation has been in th e direction of the rules embodied in the English A ct of 1865, and the Iris h A ct of 1877, by which a rigid uniform ity of practice has been imposed on every prisoner, be he whom he may, and be he condemned for what offence he may, our prison discipline in Ireland has been subject to so many and such recent revision a t the hands of Royal Commissioners, th a t I have the utm ost doubt of my own views on the subject, and I should reluctantly venture to differ from a n y conclusions a t which the Koyal Commissioners arrived, or which have been embodied in the legislation th a t ^ as been from tim e to tim e passed by Parliam ent.
Y et I confess, a t the same time, tna for my own p art, I never have been able to understand on what principle such t as prison clothes, and m atters of th a t kind, have been enforced on every kind or prisoner, who/ly irrespective of his condition.

They are classed under the Pri9°° rules, I believe, as m atters appertaining to health ; and I apprehend there is no clouDt w hatever th a t th e origin of all those rules was a sanitary origin.
U nder those Prl° j ciples of discipline which have been sanctioned by Royal C om m issioners ancl P arliam ent, and which arose simply upon considerations of health and clean mes-, they were enforced by a rigid* iron rule of uniform ity on every prisoner, even 85 \ o u m ay say *s h a m e ; I t certain ly ap p ears j ust so.

although he did not require th e application of them either on the ground o i health or of cleanliness.

Consider a case which I Tieard of only a few hours ago.
I heard of a respectable w om an, th e wife of a trad e sm an , w ho got in to some tro u b le by refusing to have h e r child vaccinated.

She w as b ro u g h t before th e m agistrates, w as convicted, and w ent to prison.

She w as forcibly strip p e d and p u t into th e b a th ; she was, in fact, tre a te d in th e sam e m anner as if she h a d been th e veriest tra m p ta k e n u p in th e stre e ts (‘ sh a m e ’).

I say I cannot see th e reason of th a t ; i t is very irratio n al.
B u t th ese are th e rules you have sanctioned and acquiesced in for years (hear, hear).
to me, in so fa r as I u n d erstan d th e philosophy of p u n ish m en t a t all, th a t those k in d s of punishm ent, w hich do no t inflict discom fort, b u t w hich are th o u g h t by some persons to inflict degradation, need n o t form p a rt of th e prison system (Home R ule laughter), because th e evil of th a t k in d of p u n ish m e n t is th is : th a t th e h ardened crim inal is n o t punished b y it a ll (hear, h e a r.) T h e hardened and h a b itu a l crim inal suffers no discom fort, no d eg rad atio n , b y being com pelled to p u t on th e prison clothes, and all th e re s t of it ; an d to th e tra m p w ho has n o t a good su it of clothes I bélieve it m ay often be positive lu x u ry to g et th e prison clothes.
T herefore, it is irra tio n a l to carry o u t w ith iron, rigid u n ifo rm ity th e prison rules w hich now p rev ail in E n g lan d an d Irelan d .
T ak e th e in stan ce of th e Jew s, you rigid ly enforce y o u r prison rules, th e Je w necessarily suffers in his religious feelings, and th e re su lt is— 1 believe illegally—th a t some m odification, has been m ade in th e E nglish prisons in resp ect to Jew s. A corresponding q uestion arises in th e case of th e o th e r religions an d n atio n alities.
As I h av e ju s t sta te d , these rules as to prison clothes, d ietary , an d th e like, as in th o se questions of religious feelings, have a cast-iron u n ifo rm ity w hich re c e n t legislation has im posed, and ap p ears to me to be highly absurd.

M any suggestions have been m ade on both sides in favour of classifying prisoners according to th e ir offences.
I have inysell Appiores; of no objection to th e ex p erim en t being tried : b u t I am to ld b y th o se possessing ex- cL^siflcatio» perience th a t it is alm ost certain to fail, and unless th e re be v ery stro n g a u th o rity cowardly to try for doing i t I should n o t em b ark on so fu tile an enterprise.
B u t I th in k i t is it em in en tly w o rth y of consideration b y th e prison au th o rities, b o th in E n g lan d and Ire la n d , to see w h e th e r w e can n o t rem ove from w h a t is sound an d tr u e and n o n ­ po litical, and based on h u m a n ity , w h atev e r m ay be repulsive in th e adm inis­ tra tio n of th e prison ru le in E n g lan d an d Ire la n d (H om e R u le la u g h te r and M in iste rial cheers).

Of course, 1 n eed n o t say to those hon.


gentlem en who th e honour of listen in g to m y innum erable speeches in th e have done me H ouse on to th a t I see no d istin ctio n b e m ade, in an y place, w hich is suggested in fav o u r of prisoners, w ho w ere I do no t think th a t commited .under a particular statute passed the year before last.
they ou^ht to have or deserve any special treatm ent ; but they ought to receive, like all other prisoners, the benefit of any modifications th a t may be m a d e in the pnson rules of E ngland or of Irelan d .

B u t th e prison rules are embodied in an Act ot P a r ­ liam ent.

In Irelan d , I believe the case is different.

I believe th a t the L ord L ieuten­ a n t in Council, w ith the sanction of Parliam ent, may make such modifications in the rules as I have suggested.
M y present idea of dealing w ith this m atter is to ask one promises i»- or two gentlemen in whose judgm ent and knowledge of prison rules we have confidence, quiry.

to investigate this question from th e point of view I have, however im perfectly, attem pted to sketch to the House, and possibly by their aid we m ay be able to remove any shadow or semblance of grievance connected w ith any class of prison treatm ent, eith er in this country or in Ire la n d (hear, hear).
I cannot sit down w ithout express­ ing in the strongest language my conviction th a t it is n o t th e gentlemen who have urged boycotting, who have urged resistance to the law, and who have carried on the agitation which unhappily has been so persistent in Ireland, who are entitled to special consideration in this m atter, but those other persons to whom reference has been made by my hon.
friend the member for S outh Tyrone (Home R ule laughter) Those who have been condem ned under th e Vaccination A ct and in connection w ith the tion Army, are the class of prisoners who chiefly command our sympathies, and wüo ought to receive th e benefit of any modification w hich may be made in the law t h a t can o r o u g h t th is su b ject, forgers?

8 6 (cheers).— T im e s ' P arliam entary Debates, week, ending M arch 16th, 1889, pages 350' to 352, inclusive.
Mo account is h e re attem pted to be given, o f th e m ore controversial m anner in w hich, as in h is speech a t Glasgow, in October, 1888, and a t th e U nionist b an q u et in D ublin in 1889, M r. B alfour told th e story of th e d eath o f Jo h n M andeville and th e stripping of W illiam O’B rien (See P a r t I I ) .
B u t public opinion h ad reached such a phase th a t th e Chief S ecretary , h av in g restored M r. O’B rien’s clothes and laid Jo h n M andeville in h is grave, fe lt obliged to appoint a B oyal Commission, w hich, however, h e restric te d b y th e narrow est term s of reference in his letters of in­ stru ctio n , to inquire into th e prison rules.

T he rep o rt of th is Commission w ill be found elsew here, and is w ell w o rth y of atten tiv e perusal.
(See con­ clusion o f P a r t I , also P a rt I I , and A ppendix to P a rt I. T .

M .

H e a l y .

ÿart IV.

T H E TREATMENT OF POLITICAL PRISONERS THE INTERNATIONAL PROTEST.

W H A T T H E U N IT E D S T A T E S T H IN K S O F B A L F O U R IS M .

O p i n i o n s .

— G o v e r n m e n t a l , E c c l e s i a s t i c a l , a n d L i t e r a r y .
A N A L Y S IS O F T H E L E T T E R S F R O M T H E U N IT E D ST A T E S, ... ... ... ... C ab in et M in isters, E x -C ab in et M inisters, C ardinal A rchbishop, U .

S. G overnors, U .

S. S enato rs, U .

S. E d ito rs a n d S tatesm en , P o e ts a n d N ovelists, C ollegiate P re sid e n t, [Analyses of the opinions received from other countries will be found im 3 2 1 8 5 2 4 1 ••• ... --- ••• --- mediately preceding the letters representing each nationality.]
The following art the names o f the distinguished personages included in analysis : G o v e r n m e n t a l .

T he P re sid e n t of th e U n ited S ta te s (G e n e ra l H a rriso n ), T he V ic e-P re sid en t of th e U n ite d S ta te s. H o n .

J .

M .

R u sh , C ab in et M in ister, U n ite d S tates.

H o n .

A .

H .

G arlan d, E x -A tto rn e y G eneral (u n d er C leveland).

H o n .

W illia m P .

V illas, ex -P o stm aster-G en eral (u n d e r C leveland).
G overnors— D av is (R hode Isla n d ) ; Sem ple (W a sh in g to n T e rrito ry ); T h ay er (N eb rask a) ; B ig g s (D elaw are) ; T a y lo r (T enessee) ; P en n o y er (O regon) ; S tevenson (Id a h o ) ; a n d M ‘G ill (M in n e so ta).

S e n a to rs—B lair, M orrell, K e n n a , S te w a rt, a n d G ray.

E d u c a t i o n a l a n d L i t e i u r y .

H e n ry W a tte rso n , th e lea d in g E d ito r of S o u th W est, U n ited S ta te s. C has.

A.
A.

D ana, N ew Y o rk Sun, E d ito r a n d S tatesm an .

Cable a n d H ow ells, tw o fam ous n ov elists ; W h ittie r, th e sw eetest o f th e A m erscan p o ets ; M rs.

A d m iral D a h lg re n .

E c c l e s i a s t i c a l .

H is E m in en ce C ard in al G ibbon, C atholic A rchbishop of B altim o re, a n d P rim a te of th e U n ite d S ta te s ; R e v .

E lm e r A. Capen, P re sid e n t T u f t’s College, M ass.
8 8 ( 1 ) T H E P R E S ID E N T A N D V IC E -P R E S ID E N T OF T H E U N IT E D STA TES.

The Freeman's Journal uf 22nd Ju n e, says: The P resid en t and V ice-President of th e U nited States, America, w rite to say th a t th e m atter lias been bro u g h t to th e ir attention, and w ill r e ­ ceive proper consideration.

(2.)

H is Eminence Cardinal G I B B O N , Cardinal-Archbishop o f Baltimore, and P rim ate o f the United States.
Cardinal’s Residence, 408 N o rth Charles S treet, Baltim ore. R espected and dear S i r — I n 'r e p ly to y o u r favour of th e 9 th u lt., I beg to say th a t, as fa r as m y opportunities enable m e to judge, it is th e general sentim ent of our th o u g h tfu l A m erican people, th a t th e trea tm e n t of political prisoners in Irela n d has been exceedingly harsh and w antonly severe, and in th a t view I am compelled to concur.
B u t I hope th a t th is subject is b u t a passing episode, to be soon forgotten, or at least condoned, in view of th e blessings of H om e R ule, and th e privilege of autonom y in I tru s t th a t the friendly re ­ dom estic affairs w hich is w ith in your grasp.
latio n s betw een E ng land and Ire la n d w ill increase every day, and th a t th e long, u n n a tu ra l, and disastrous conflict w ill give place to an honour­ able em ulation in th e field of commerce and industry, such as happily exists among th e S tates of our F ederal Union.— I am, w ith m uch esteem, vour obedient servant in Jesus Christ, * w 9^4 J .

C ard .

Gibbqn, A rchb., Baltim ore. M r. E .

D w yer Gray] The P ott, W H I T T I E R “ The sweetest singer o f Am erican song,”— Tuam Herald.
\ (3.)

Danvers, Mass.

D ear S ir — I am no t fu lly acquainted w ith the cause of H on.

W .

O’B rien ’s im prisonm ent ; b u t if his offence is sim ply a political one, it seems to m e th a t his trea tm e n t has been inexcusably harsh and brutal.

I t could only be prom pted by a feeling of revenge and hatred akin to th a t w hich led to outrage and assassination on th e other side.

God g rant th a t n more C hristian sp irit m ay prevail in E ngland as w ell as in Ireland.
T he hum ane and m agnanim ous exam ple of our own country after the dreadful w ar of th e Rebellion is w orthy of im itation.

As regards prison­ ers, re stra in t is necessary, b u t personal abuse and indignity anything w hich degrades manhood— is a crim e.— I am, &c , J ohn 0 .

W h i t t i e r .

89 (40 The Hon.

J .

M R U S H , Member o f present United States Cabinet% and E x - Governor.
D epartm ent of A griculture, Office of th e Secretary, "Washington, D.C. D ear S i r —I have received your le tte r requesting an expression from me relative to th e treatm en t of political prisoners in Ireland.

I n answ er le t me say thçit m y view s have been several tim es published on th is sub­ ject.

Allow me to say th a t these views have not changed.

T hey are still in favour of th e oppressed of Ire la n d .— T ruly yours, (5 ) The Hon.

A .
A .

I I G A R L A N D , E x-A ttorney-G eneral, Cleveland Government.

J. M. R u s h .

W ashington, D.C D ear Si r — The m atter upon w hich you desire a w ord from me, the \arsh treatment o f political prisoners in Ireland, ju stly excites in every fair-m inded m an deep indignation, and m erits a judgm ent of severe con­ I n th is tim e of advancem ent and dem nation from all civilized people.
reform , degrading trea tm e n t of any kind to such prisoners is a t w ar w ith all ju s t and proper sentim ent.

I t belongs to another and m uch darker ago th an this, and no fair means should be spared to frow n it out of e x ­ istence.— Yours, &c., A. H .

G a r l a n d , (6.)

The Hon.

Wm.

P. V I L L A S , Ex-Postmaster- General under Cleveland.
W ashington, D.C. D ear S i r —My absence has delayed reply to your le tte r of th e 20th u lt. One w ould suppose b u t a single opinion possible in respect to th e trea tm e n t of th e Irish political prisoners.

I t is difficult even to credit th e reports we receive of th e b ru ta l barbarities inflicted on M r. O’Brien.

T hey belong to a p ast age and a low er order of hum anity.
T h a t gentle­ men, members of Parliam ent, patriotically struggling to am eliorate the deplorable and p ath etic condition of th e ir own countrym en, should, for m ere speech, be deprived of lib erty , and thereupon be subjected to de­ grading treatm ent, only perm issible in handling felons of a depraved type, pains and affronts th e sensibilities and judgm ent of civilized m en th ro u g h ­ out th e world.

I t intensifies th e desire for th e speedy relief of Ireland.
I t can b u t be th e m adness w hich presages th e dow nfall of th e oppression so long h e r sad lo t. M ay i t prove H eaven’s message of prophecy !— Yours very tru ly , Wm.

P .

V i l a s .

9 0 (7 ) H O W E L L S , the Am erican Novelist.

330 E ast Seventeen S treet, D e a r Sib— P erhaps because I am of an im agination notoriously in ­ adequate, I cannot im agine any Am erican whom th e official outrages on Iris h political prisoners, do not fill w ith indignation w henever he th in k s of them .
To abhor such atrocities seems to me as simple, as natu ral, and a t norm al as to b reathe.— Y ours sincerely, " \ V .

D .

H o w e l l s .

N ew York.

(8.)

C A B L E , the N ovelist.

N ortham pton, M ass., U nited States.

D e a r S i r — I w rite in response to your letter.
Eem oved in so m any w ays and a t such a distance from th e scene of political contest in G reat B ritain, I can venture only to express those principles of common hum an­ ity w hich, tho u gh accepted a t large by the enlightened world, and trite enough in theory, are apt anyw here to be lost sight of by contestants I shall m ention b u t tw o or in any heated conflict of in terest or policies.

th ree :— 1.
th ree :— 1.

A ll hardships not absolutely unavoidable, imposed upon persons charged w ith public offences, before such offences have been proved, are them selves outrages against th e peace, dignity, and honour of the S tate.

2.

A ll harsh treatm en t of any prisoner whomsoever, not a legal p a rt of his sentence nor a necessary p a rt of prison discipline, incurred by his own breach of rules, is an outrage.

3.
P artisan s of one governm ental policy, offending against an opposing policy, m ay or m ay not in th e ir offences be g u ilty of crim inal acts ; b u t w hile, on th e other hand, no one can rig h tly claim the im m unities of a p u rely political offender, m erely because th ere is a political bearing in a crim inal act of w hich he has been law fully convicted by crim inal process, -yet, on th e other hand, any treatm en t w hich th e law s prescribe only for convicted crim inals, b u t imposed upon political prisoners who have not been tried and convicted of crim inal acts, and by crim inal process, is an outrage.
W h e th e r these general principles touch any specific case in th e present conflict for and against Hom e Buie, I m ay not say th a t I certainly I am bound to leave th a t to the conscience of a free people, who know .

know th e solemn d u ty of respecting an equal freedom in everyone else, who has n ot individually forfeited it by his own personal crim inal acts or attitude, legally proved against him on crim inal trial.
B ut le t those who m ust, rem em ber th a t w hoever trifles w ith one m an’s righ ts w ill trifle w ith a m illion’s ; and th a t ju s t in proportion as we trifle w ith th e rig h ts of others, we p u t risks upon, and deserve to lose our own.

George "W. Cable.

9 1 (9 .)

The S o n .

E U G E N E S E M B L E , Governor, Washington Territory, United States.

E xecutive D epartm ent, Governor’s Office, Olympia.

D e a r S i r — Acknowledging receip t of yours of th e 30th.
u lt., in w hich you solicit an expression of opinion in regard to th e trea tm e n t of political prisoners in Irelan d, I am glad to be able to comply w ith your request in hopes th a t i t w ill, as you say, u be beneficial to th e cause of h um anity and fa ir governm ent.” One of th e deepest im pressions ever m ade upon m y m ind was pro­ duced w hen I read, in th e city of N ew Y ork, th irty years ago, upon a m onum ent w hich I had n ev er h eard of before*, these words— u Sacred to th e m em ory of those brave and good m en who died, w h ilst im prisoned in this city, for th e ir devotion to th e cause of A m erican independence.’’ The m onum ent alluded to covers th e bones of th e victim s of th e prison ships of W allabout Bay, and n o t one, it seems to me, of those in th is country, who enjoy th e blessings of th e lib erty for w hich these m en died, b u t should, tu rn his face tow ards heaven w ith a p ray er for th e happiness in another w orld of those, who, by th e ir self-sacrifice, bequeathed to th e ir fellows so m uch happiness in this.
A nd it has seemed to me, th a t no greater proof could ex ist th an this, to show th e u tte r fu tility of endeavouring to suppress by force a good cause defended by a great people.

A nd y e t th e G overnm ent of h e r B ritannic M ajesty, w ith th is exam ple and a thousand others before it, seems blin d to reason, and goes on stretching its m ailed hand over Ireland, and m ain­ tain in g a noisome system of prison m anagem ent, as th ough th e dark ages w ere no t y e t passed.
A nd i t places its tru s t in traitors, like P igott, and it offers a rew ard to every m an who w ill b etray his friends, as though th a t w as no t a m ost effective school for treason, and th e best w ay to m ake a spirited people h ate th e ir rulers.

I n m y opinion th e w ay to do aw ay w ith rebellion in Ireland, is to m ake such changes in th e B ritish law s, th a t th e blessings of B ritish governm ent T he present system of placing w ill fall alike upon all its subjects.
political prisoners, who have been goaded to resistance by in su lt added to in ju ry , upon th e same footing as m alefactors, w ill n o t succeed—^because it oug h t no t to succeed— because th e system is as m uch a relic of barbarism , as th e lash and th e stake.
I t is to be hoped th a t h e r B ritannic M ajesty’s G overnm ent w ill shortly see th e signs of th e tim es w ith clearness, and give to every p a rt of th e em pire, w hat every E nglish-speaking people ought to unceasingly demand, and w h a t every E nglish-speaking people w ill eventually obtain in spite of Toryism and terrorism —H O M E R U L E .

— Y our obedient servant, E u g e n e S k m p l e 9 2 ( 1 0 . )

7 he Hon.

R O B E R T L .

T A Y L O R , Governor o f Tenessee, United States.
E xecutive Office, Nashville, Tencssee.

D e a r S i r — The harsh and heartless trea tm e n t of political prisoners is th e foulest blot upon G reat B ritain ’s escutcheon.

Men who love justice, and lib erty , and fair dealing, are amazed a t th e revolting spectacle of the professed leading liberty-loving nation in Europe resorting to cruel gag and despotic persecution of men, who claim only for them selves and then- country, w h at E nglishm en claim for them selves and th e ir country.
“ Irishm en should rule Irelan d .” The very words in w hich th is sen­ tence is couched carry unansw erable argum ent of th e justice of the I f it is n o t rig h t th a t they dem and— Irish m en should ru le Irelan d .

should, le t the decree th a t forbids it be enforced legally and decently, and not by oppression and suppression.
E ngland m ust needs feel reproach of conscience w hen she attem pts to crush manhood, and tram ple out by d e­ grading force th a t God-born love of lib e rty and country, th a t is th e sus­ tain in g principle of all good governm ent, and w ith o u t w hich hers itself w ould topple into ru in .— Y ours very tru ly , H ojjert L .

T aylor.

( 11.)

The Hon.

B .

T. B I G G S , Governor o f Delaware, United States.

Dover, Delaware.

D e a r S i r — Y our favour received.


I cannot too strongly condemn -the oppression of G reat B ritain tow ards Ireland.

T hat political prisoners should be subjected to th e treatm en t of common criminals, is a burning shame to th e civilization of th e age.

M en cannot b u t express th e ir disapproval of the treatm ent the Irish are now receiving at the hands of G reat B ritain.
The virtuous, the intelligent, to-day, all over the civilised world, condemn the E nglish Parliam ent for inflicting upon Irishm en degrading punishm ent, such as would make savage m ercy weep tears of blood.
T ru th and justice w ill yet trium ph— Treland w ill have Hom e R ule ; and instead of her population decreasing it w ill increase ; and P arnell and Gladstone w ill live; and A m erica’s sixty m illions of freem en w ill rejoice to see Ireland free, as she once was, w ith a prosperous and happy population of eight millions of freemen, happy and content.— Yours, &c., B .

I ' .

B i g g s .

93 ( 12.)

The E on.

E D W A R D A .

S T E V E N S O N , Governor o f Idaho.


D epartm ent of th e Interior, Boise C ity, Idaho.

D e a r S i r — Y our noble efforts to relieve th e sufferings of th e Irish people, and to place before th e civilized w orld th e harsh and degrading treatm en t of political prisoners in Irelan d , is w orthy of comm endation.
E very true American citizen m ust sym pathize w ith th e people of I r e ­ land in th e ir struggle for liberty, and a ju s t and hum ane G overnm ent should a t once relieve them of all th e ir political disabilities, and at least give them th e same rig h ts and privileges, th a t are guaranteed to other portions of th e B ritish em pire.— I am, very respectfully, E d w a r d A .

S t e v e n s o n .

(13.)

The S o n .

A N D R E W M C G ILL, Governor o f Minnesota.


B e a r S i r — There can be b u t one opinion, i t seems to me, among in tellig en t freem en on E ngland’s tre a tm e n t of political prisoners in I r e ­ I t is inhum an and w icked, and I am sure it is n o t approved by a land.

m ajority of th e people of England, or b y th e best sentim ent in th a t country.
The course of th e G overnm ent is n o t only unjustifiable from any standpoint, b u t i t is m arvellously cruel and u n ju st. Civilization, humanity, education, progress—all are outraged by it.— Respectfully yours, (14.)

The lio n .

J O H N J I T H A Y E R , Governor o f Nebraska, United States.

A n d r e w R .

M ‘ G i l l .

State of Nebraska, Executive Department, Lincoln.


B e a r S i r — The trea tm e n t of S tate prisoners by th e E nglish Tory Governm ent of L ord Salisbury, is a d ark spot on th e civilization of th e n ineteenth century.

I t is inhum an ; i t is uncivilized ; i t is un-C hristian.

The ty ra n t, Balfour, w ill bear in h istory th e odium w hich attached to th e nam e of Jeffreys.— Y ours tru ly , J o h n M. T h a y e r .

(15.)

The Hon.
(15.)

The Hon.

S Y L V E S T E R P E N N O Y E R , Governor o f Oregon, United States.

State of Oregon, Executive Department, Salem.

M r d e a r S ir — The subjection of political prisoners to th e fate of common crim inals, is a deep disgrace upon G reat B ritain and a lasting I m ost em phatically endorse the dishonour to C hristian civilization.
sentim ents voiced in th e resolutions prom ulgated by th e g reat m eeting held a t St. Jam es’s H all, on th e 13th of M arch.— V ery respectfully, # S y l v e s t e r P e n n o y e r .

[)4 ( 1 6 ) The H on.

J O H N D .

D A V IS , Governor o f Rhode Island, U .S.

P a w tu c k e t, K .I.


D e a r S i r — I t is am azing, an d w ould be incredible, if n o t self-confessed b y th e B ritish G overnm ent, t h a t such b a rb a ritie s as are rep o rte d should be p ractised upon p o litical priso ners b y a n y civilized n a tio n in th e lig h t of th e p re se n t day.
T h e th u m b -screw and ra c k of th e S ta r C h am b er an d In q u isitio n , of a b e n ig h te d people in b e n ig h te d tim es, are n o t m ore inexcusable, in v iew of th e ir surro u n d in g s, th a n th e in h u m a n ity p ractised upon those victim s of T o ry in to leran c e an d despotism b y th e B ritis h G overnm ent in Ire la n d .
L e t u s p ra y th a t refo rm atio n — from p ressu re of in d ig n atio n abroad, if n o t from a sense of ju stic e a t h o m e— m ay soon o b tain in I re la n d ’s b e h a lf.— R e s p e c tfu lly yours, J ohn D .

D avis.

(17.)

M rs.

A D M I R A L D A H L G R E N .


D e a r ( S ir — I n re p ly to y o u r fav o u r re q u e stin g a n expression of opinion 1 ‘ on th e h a rsh an d d eg rad in g tre a tm e n t of political prisoners in Ire la n d ,” I h av e no h e sita tio n in say in g th a t such ty ra n n ic a l repression of th e freedom of expression, is n o t only d eep ly p a th e tic , b u t i t is u n w o rth y of a c o n stitu tio n a l G overnm ent.
T h a t w h ic h strik e s m e as m ost rem ark ab le, in th e prolonged course of th is a g ita tio n fo r th e rig h ts of Ire la n d , is th e suicidal conduct of E n g lan d .

A n atio n , lik e 'a tre e , owes its g ro w th and developm ent to certain conditions, an d if th e se be denied, decline m u st follow .

N ow , p ro te c tio n fo r every vested rig h t is essential to th e life of a free c o u n try , an d th ese violated , decadence sets in.
D id n o t th e s ta r of E n g la n d fade w ith th e steady d ra in of h e r soldiery to th e U n ited S tates, th ro u g h th e Iris h em igration, b ro u g h t ab o u t b y h e r fa tu ito u s policy ?

I s E n g la n d so stro n g in h e r in v ad in g conquest of In d ia , t h a t she has n o fe a r of R u ssia in th a t d irectio n ?
T h e B rito n is a sailor, b u t th e C elt is a soldier, and loves w a r ; an d now th ese m any years E n g la n d is b e n t on c rip p lin g h e r ow n po w er to raise la n d arm ies !
A d d to th is im becile action th e p ic tu re of a hopeless p u b lic debt, an a rm y b a d ly officered th ro u g h a defective system , A m erican com petition o f h e r m a n u fa c tu rin g in d u stries, and various o th e r d istu rb in g forces a t w ork, an d .w e m ay w ell ask — W h ith e r is E n g la n d d riftin g ?

M adeline Y inton D ahlgren, ( 18.)

The H on.

H E N R Y W. B L A I R , Senator, United States Senate, Washington, D .C .

U n ite d S tates S enate, "W ashington, D .C.


D ear S ir— Y ours req u e stin g expression of sentim ent, in reg ard to th e subjectio n of M r. O’B rien to th e disgrace of w earin g th e ordinary co n v ict’s garb, w hen u n d e r sentence fo r a su b stan tially political offence, 9 5 and other like instances, or worse, tak in g place in th e cu rren t history of Ireland, is received.
O rdinarily I w ould not reply to such a request, b u t Irela n d is p a rt of America, and I have a like feeling for E ngland also, so th a t I feel the disgrace as though I were an Englishm an, and resent it as though I w ere an Irishm an.

I am opposed to th e infliction of a m ark of degradation upon any hum an being, even if he be a convict, for common crime.
P u n ish th e crim inal, confine him , if necessary, b u t do no t extinguish th e only feeling to w hich you can appeal for his reform ation, to w it, his rem aining self- respect.

B u t I consider th e policy of subjecting a political prisoner to such treatm en t as m ost reprehensible, and one w hich no free country w ill sub­ m it to see applied to its sons, and whose only offence is th a t th ey have essayed to secure or to retain th a t freedom for th e ir country.
I feel assured th a t th e people of th e B ritish Islands w ill repudiate and overturn th e present adm inistration of affairs in Irelan d in th e very near fu tu re.

Such I believe to be th e general desire of th e people of th is country, although for th e B ritish E m pire as a whole th ere is a constantly increas­ in g friendly feeling.

The masses of th e people are a u a it everyw here.

God has made us all of one blood.— T ru ly yours, H e n r y W .

B l a i r .

(19.)

The Hon.


G E O R G E G R A Y \ United States Senator for Delaware.

Senate Chamber, Washington.

D e a r S i r — T he trea tm e n t of Iris h prisoners, confined by th e E nglish G overnm ent for political offences, as reported in th e Press, shocks all hum ane persons.
B u t it is a sign of weakness and no t of stren g th in th e p a rty practising i t ; and, w hile our sym pathies for th e victim s of th is re ­ actionary policy on th e p a rt of th e E nglish G overnm ent is quickened, our hope and faith in th e fu tu re of Irela n d as a home of a free, self-governing, and prosperous people should be strengthened and confirm ed.—I aoi, respectfully yours, G e o r g e G r a y .

(20.)

The Hon.

W. M. S T E W A R T \ U.S.


Senator for Nevada* United States Senate, 'Washington, D.C. D e a r S i r — Yours of th e 3 0 th u lt., w ith enclosures, is received.

C ruelty to prisoners is th e m ost debased, disgusting, and revolting crim e in th e catalogue of hum an atrocities.

The character of m en in a u th o rity in all ages is determ ined by th e ir trea tm e n t of prisoners.
N o­ th in g so shocks th e sense of justice of civilized man, as th e im plem ents of to rtu re used during th e dark ages by th e demons of despotism to inflict p ain and suffering upon victim s in th e ir power.

9 6 T he trea tm e n t of political prisoners by Russia in Siberia has aroused th e indignation of th e civilized world.
E nglish travellers have done more th a n all others to expose these atrocities, and bring to bear th e ju s t p u b ­ lic sentim ent of E urope and A m erica to m itigate these g reat wrongs.

The trea tm e n t of prisoners in Irelan d by the Salisbury Government u n d er th e Crimes A ct, far exceeds in b ru ta lity anything w hich has oc­ curred in modern tim es.

E nglishm en are no longer under th e necessity to go to far-off R ussia to find exam ples of inhum anity and cruelty to p ri­ soners.
I f th e people of E ngland can view w ith com placency th e cruel­ ties practised by th e Salisbury Governm ent upon prisoners in Ireland, they m ust have lost all sense of justice and fair play.
I cannot believe th a t th e indignities inflicted upon w orthy citizens, g u ilty of no crime, such as stripping th em of th e ir clothing and m arking them w ith every badge of degradation th a t th e genius of cruelty can in ­ vent, or depriving them of food, or air to b reath e, for the purpose of de­ stroying th e ir manhood, or depriving them of life, can long be viewed w ith indifference by the people of England.
I f E nglishm en do not feel degraded by such outrages the people of Am erica w ill be ashamed of th eir ancestors.— Y ours very tru ly , W .

M .

S t e w a r t .

(21.)

The Sion.

J O H N E .

K E N N A , U. S. Senator fo r Virginia.


U nited States Senate, W ashington, D.C. D e a r S i r — In answ er to your request for an expression of opinion touching th e “ h arsh and degrading trea tm e n t *of political prisoners in Ire la n d ,” I can only express a sentim ent of condemnation such as every descendant of Irish stock na tu ra lly feels, and such as I believe is universally shared by hum ane and liberty-loving people everyw here.— Yours truly, (22.)

The Hon.

J U S T I N ' D .


M O R R I L L , r U.

S .

Senator fo r Vermont.

Senate Chambers, W ashington.

J o h n E. K e n n a .

- D e a r S i r — In reply to your favour of the 30th u lt., I regard the trea tm e n t of Irish M em bers of P arliam ent, political prisoners, by the B ritish G overnm ent as sim ply barbarous.— Yours very tru ly , J u s t i n D - M o r r i l l .

(23). '

Rev.

E L M E R II .

C A R E N , President, T aft's College, Mass.

T u ft’s College, College H ill, Mass.


My d e a r S i r — I n response to your request of th e 30th u lt., I have to say th a t I had th e good fortune, w ith m any others, to m eet Mr. W illiam O’B rien w hen he was in th is country.

I was greatly impressed by his dignified and gentlem anly bearing.

H e gave evidence to all who saw I .


9 7 him of being a cultivated C hristian gentlem an, ready to lay down his life, if need be, to rig h t those historic wrongs whose existence, even Englishm en of every creed and p arty , have adm itted.
The indignities to w hich he has been subjected by E nglish officials, acting under the sanction of th e courts, have not only aw akened for him profoundest sym pathy in the breasts of his American friends, b u t aroused a sense of loathing th a t is w idespread on th is side of th e ocean, tow ards th e m en who could perpe­ tra te them .
Such outrageous treatm en t of a prisoner, whose offence, if he has com­ m itted one, is only political, is b u t too m ildly characterised w hen we say i t is a blot on th e E nglish nation.

R eally it w ould be a disgrace to Russia.

T h a t such w ickedness can be done in th e nam e of the B ritish E m pire, and find its justification in P arliam ent, is a reproach to civilization.

A ll Christendom should cry o u t against it.


Especially should th e A m erican, whose whole history is a protest against E n glish ty ran n y , m ake common cause w ith th e Irish in th e ir dem and for justice a t th e hands of th e ir oppressors.— Y ours very tru ly , E l m e r H .

C a p e n .

(24).

The Hon.

C. A .

D A N A , Statesman, and E ditor o f N ew York “ S u n .” T he Sun, N ew Y ork.
D e a r S i r —I received th e other day y our le tte r asking me to w rite for publication some expression, respecting th e mode in w hich Irish prisoners are treated u nder th e Coercion A ct.

The treatm en t is b ru ta l and barbarous beyond comparison in m odern I t disgraces th e G overnm ent by w hich i t is practised, and it casts tim es.

sham e upon th e civilization by w h ich i t is surrounded.
T hank God, nothing else has been seen in our day th a t can be com­ pared w ith it ; and th a n k God, too, th a t in th e operation of H is p rovi­ dence it cannot long be continued.— Y ours sincerely, C .

A D a n a .

(25.)

The R o n .

H E N R Y W A T T E R S ON, leading E ditor o f the South-W est, U .S.

Courier-Journal Office, E d itorial D epartm ent, Louisville.
D e a r S i r —I am so filled by th e th o u g h t th a t th e day of Irela n d ’s re ­ dem ption is a t hand, th a t the personal sufferings of m en like O’Brien inspires me w ith less of indignation, th a n I should feel if I th o u g h t th ere were no hope.

B y contact w ith b ru ta lity we become in some sort b ru ­ talized ourselves; and it cannot be denied th a t th e story of E ngland’s 9 8 brutality in Ireland is so familiar to u s , as to lose a part o f its a p p a lin g force.
Nevertheless, the claim of outraged humanity, upon our sympathy a n d speech, is as eternal as i t should be universal, and my whole heart is w ith the movement, having for its object, an expression of the detestation o f all honest and brave men, for the course pursued by the Government, under Mr. Balfour’s direction and responsibility, touching political prisoners confined in Irish jails.
I do not believe th a t it can be or will be sanctioned by the good people of England, who, outside the ruling classes, are a good people, and must, when the question is brought home to their heart and understanding, see th at their own manhood and the honour of ^their country, are compromised by the policy of repression and hate, and th at no less for the fame of England than for the need of Ireland, it must be abandoned.
I thank you, sir, for giving me this opportunity to say a word, how­ I t is spoken in ever inadequate, on the side of justice and humanity.

th at language which all of us use in common, and which ought to constitute a bond at least of reciprocal forbearance.—Sincerely, H e n r y ' W a t t e e s o n .

r ' / THE VERDICT FROM CANADA.

A REMARKABLE INDICTMENT.

O p i n i o n s :— G o v e r n m e n t a l , E c c l e s i a s t i c a l , a n d L i t e r a r y A N A L Y S IS OE T H E L E T T E R S ER O M CANADA.
... ••• ••t C ab in et M inisters E x-C abinet M inisters C ardinal-A rchbishop, A rchbishops, and Bishops ... C anadian M .P .

and Senators Ex-Comm ission of P rison R eform ...

Inspector of Canadian P en iten tiaries M ajors, L aw Professors and B arristers, Collegian ... ... ... • •• ... ... Presidents, C atholic Clergym en, W esleyan and M ethodist M inisters, E ditors of Im p o rta n t N ew spapers, B ankers, and other P ro ­ ... m inent Business M en ...
In flu en tial Societies .„ ... ... ... ... ... ... ... 3 1 7 8 1 1 13 4 The following are the names o f the distinguished person ages included m Analysis.

G o v e r n m e n t a l .

H on.

W ilfred L aurier, ex-Q ueen’s P riv y Councillor, and L eader of Opposition, and ex-M inister of In la n d R evenue of Canada.

T he Hon.- Jo h n Costigan, M .P ., P re se n t Conservative M em ber of In la n d R evenue to th e Dom inion P arliam ent.
Colonel E ugene P an et, M inister M ilitia Defence to th e D om inion.

O w en M urphy, M .P ., Quebec, ex-M ayor of Quebec, and ex-P resident of th e Board of T rade of th e City of Quebec.

H on.

Jam es G. Moylan, Chief Inspector of Dom inion P en iten tiaries.

T he H on.

J .

Y .

E llis, M .P ., E d ito r of S t. Jo h n ’s, N ew B runsw ick, Globe.

The H on.
The H on.

F rançois L angelier, M .P ., M ayor of Quebec, ex-T reasurer, and ex-Commissioner of Crown L ands in th e Governm ent of Quebec, and Professor of Civil Law in L avel U niversity.

• H on.

J .

J C urran, M .P.

H on.

W m .

D .

Balfour, M .P.

H on.

N .

Flood-Davin, M P. H o n .

T. Coughlin, M .P.

H o n .

E d w ard M u rp hy, M .P.

( “ C anadian F a th e r of Hom e R u le.5') E c c l e s ia s t ic a l, E d u c a t io n a l, L it e r a r y , P r o f e s s io n a l , & c ., & c., & c .
H is Grace th e Most Rev.

Cornelius O’B rien, A rchbishop of H alifax , H ead of Catholic H ierarchy, Canada.

R ig h t Rev.

E lphége Gravel (French-C anadian), Bishop of Nicolet.

H is Em inence Cardinal Taschereau, C ardinal-A rchbishop of Quebec.

R ig h t R ev.

D r. Cameron, Bishop of Nova Scotia (A ntigonish).

B ig h t R ev.

M onsignor B egin (French-C anadian), Bishop of Chicontimi.

The M ost R ev.

D r. Cleary, Bishop of K ingston.

The Bishop of St. H y acin th (French-C anadian).

T he H on.
T he H on.

D. A. O’Sullivan, D .L L .

of L avel U niversity, a distinguished Canadian B arrister, and ex-Commissioner of Prison Reform.

H i J .

Cloran, B arrister, and P residen t of S t. P a tric k ’s Society, M ont­ real, and senior m em ber of th e im portan t firm of Cloran and Beddard, Advocates.

B arristers, &c., M ontreal.

H on.

F .

R. Latc-hford, B arrister.

T he Rev.

A.

B urns, D .D ., L L .D ., P rincipal of th e W esleyan M etho­ dist L adies’ College, H am ilton, Ontario.

T he R ev.
T he R ev.

W .

S. Griffin, M ethodist M inister, S tratford, O ntario, Canada.

R ev.

E .

H .

D ew art, E d ito r of th e Christian Guardian, M ethodist.

Rev.

E .

A. M urray, P .P ., Coburg, Ontario, bro th er of th e late Cheva­ lie r M urray, of th e Papal’ Zouaves.

Rev.

Jo h n F .

Coffey, E d ito r of United Canada, O ttaw a. George S tew art, Ju n ., L L .D ., E ditor of Quebec M orning Chronicle, F ellow of th e R oyal Canadian Society, &c., &c. H on.

H .
H .

B eaugrand, ex-M ayor of M ontreal, and E ditor of L a Patrie, M ontreal.

.

H on.

J .

W .

F itzgerald, an extensive Business M an in Peterborough, Canada.

H on.

E ugene O’Keefe, B rew er and Banker, of th e C ity of loronto.

H on.

W .

A. Lee Senior P a rtn e r of the extensive firm of W illiam A .

Lee and Son, General Agents, R eal E state, Insurance, and Loan Brokers, V aluators, and A rbitrators, Toronto.

V ery Rev.

D ean O’Connor, Chesterville.

Rev.

W .


F lan nery , P .P ., St. Thomas, Ontario, Canada, Associate E d ito r of th e London Catholic Record.

^ .

V ery R ev.

Canon O’Donnell, St. Denis, Diocese of St. Hyacinth,.

Province of Quebec.

Rev.

J. F .

M ‘B ride, St. M ichael’s College, Toronto.

The Irish N ational League of Peterborough, Ontario.

St. A nne’s Total Abstinence and Benefit Society, M ontreal.

1 0 1 (26).

The Hon.


TV I L F R E D L A U R I E R , 21.P ., Leader o f the G rit Opposition, E x -P riv y Councillor o f the Queen's P rivy Council o f Canada, and E x-M inister o f Inland Revenue o f Canada.

House of Commons, D e a r S i r — I have your le tte r of th e 22nd u lt. O ttaw a, Canada.

I had occasion to express m y view s upon th e subject referred to in a short address w hich I delivered on St. P atrick ’s Day last before th e L iterary In s titu te of O ttaw a.
Should occasion again offer during th e presen t session, or any other tim e, for me to speak on th e same subject, I w ould deem it m y d uty to repeat m y view s.— V ery tru ly yours, "Wil f r e d L a u r ie r .
In th e course of th e speech upon th e occasion to w hich he refers, M r. L aurier said— “ H e did not know how far fitting it was for him , of F ren ch origin, to come forw ard th a t n ig h t to address an Irish audience and to speak upon ‘ Ire la n d .’ Claiming to be a friend of liberty, he loved Irelan d .

H e r histo iy is a history of m artyrdom , and therefore he loved h er and bade h e r God-speed in h e r present struggle.
I f we looked tow ards Irelan d a t th e present tim e, there was m uch to depress, b u t there was also m uch to cheer.

I t w as sad îo see in th a t country crim es invented in order to coerce th e poor people because th ey loved th e ir native land.
I t was sad beyond expression to see pure, noble m en like D illon, and O’Brien, shaved and stripped of th e ir clothing for no crim e other th an having said som ething th a t was no t to th e taste of th e E nglish Chief Secretary for Irelan d. I t w as m onstrous to w itness such th in g s in th is age.” (27.)

The Hon.

J O H N C O S T I G A N , M inister o f Inland Revenue, Dominion Parliament.

I t m ay be interestin g to observe th a t th e H on.
John Costigan, M .P., present Conservative M inister of In lan d Revenue, addressed th e m eeting im m ediately after M r. L aurier.

Thus, in Canada, p a rty considerations are throw n aside w hen th e Iris h question is under consideration, and we find Conservative and L iberal em ulating each other in th e ir desire to express th e ir sym pathy w ith Ireland.

(28.)

Colonel E .

E U G E N E P A N E !


\ D eputy-M inister o f M ilitia Defence in the present Conservative Government, and E x-Senator, Canadian Parliament.

O ttaw a.

S i r — In answ er to your le tte r of th e 22nd u lt., I have no hesitation in forw arding m y condem nation of th e sort of trea tm e n t inflicted on I t is difficult to reconcile th e high-toned political prisoners in Ireland.
5 1 0 2 - and noble qualities of th e Anglo-Saxon race w ith such tyrannical acts A day of reckoning m ust come.
N ations as w ell as individuals are amenable to th e Divine .Ruler, who gives and takes a t H is holy w ill ■ and I followed and w hich is sure to hasten the solution of th e great question at stak^ “ a consequence ot the interference of Divine Providence, since, Quern'Bern ru lt perdere p n u s dement at.— I rem ain, sir, your most obedient so n a n t, th a t th e mad course which is really believe E. E r a .

P a n e t , C ol.

(29.)

J Jr. ( ) \ \ E .


\ M U R P I I l , Member o f the Provincial Parliament o f Quebec ^of'th e'C ityofQ tw bec. '

6W r e M ° f th<‘ “ »°rd o f Trade My deak S ir Quebec.

I am m receipt of your le tte r of th e 22nd inst.

I need h aid lv tell you w hat my opinions arc as to th e way political prisoners are treated m ln s h pnsons.

Such treatm ent is an outrage, a disgrace to the civdization ot th e age in w hich we live.
The idea of men of culture, such as Catholic clergymen, members of Parliam ent, being subject to the indignity of w earing prison garb, and herding w ith thieves and such u nninal..-, is a condition ot things w orthy of th e dark or barbarous ages • b u t th a t such should exist in th e h eart of the B ritish Em pire, under the ihig of G reat B ritain, and practised upon a people who are stru"glin«- to r self-governm ent w ithin constitutional lines, w ill be read by future generations in th e history of th e age we live in, w ith feelings of shame ant.
indignation.— In liastc, vours sincerely * » ^ OWEX M uBPHY.

(30.)

H is Grace the Most Her.

C O R N E L I U S V B R 1 E X , A rchbM op o f llali-fax and Head o f the Cathohc Hierarchy o f Canada.

H is Grace is author o f J several published works.

H alifax.
H alifax.

D e a k S i b —- I n discussing th e treatm ent of prisoners in a civilized community, a broad distinction m ust be made between those who have violated the m oral as well as the civil law by th e ir crim inal acts, and those who have simp y infringed the provisions of a Parliam entary enact- a V f T i v “ publlc rc8ulation, or aimed against a political P ty .
An A ct of P arliam ent does not necessarily induce an obligation in conscience ; and when th a t Act is an open violation of thc prim ary rig h ts ot freemen, resistance to it is often a duty.

Ü W , it is clear to any reasonable man th a t the Coercion Act in force ^est a public regulation ; in the view of thc vast m aiority ní .

V 1 ,.ls oi the civilized, it is an obvious tyranny.

B u t let th a t pass.

I t can claim to be no more than an attem pt to govern a nation according to the views of a party.
Hence it cannot make 103 a moral act immoral.

W hat was licit in.

conscience before its passage, is licit now.

The m an Avho disregards it, unless it should happen on some point to coincide w ith th e m oral law, incurs no moral stain.

TIis honour and in te g rity rem ain unim paired; th e tone of his m ind is not lowered ; th e degradation of crime does not shadow his soul.

W h at dispassionate; reason th u s establishes, th e actions of good and noble m en ratify.
W ho would shrink from intim ate contact w ith W illiam O’Brien, or M r. H arrington, or any of th e other “ crim in als” of coercion?

You m ay deny a fact, b u t you cannot refute it.

so you m ay cry out “ crim inal,” b u t you cannot affix crime to a soul by A ct of Parliam ent.

I t is plain then, th a t if a Government really, and honestly, believes it to be necessary to carry out restrictive police regulations, it m ust do so in such a w ay as to respect th e honour and in te g rity of its victims.
I t m ay inflict punishm ents, b u t w hen it attem pts to degrade, it is playing th e ty ra n t, it breaks th e m oral law , sins against com m utative justice, and violates th e fundam ental principle of governm ent— viz., th e protection of th e rig h ts of citizens.

E ven sem i-civilized nations have recognised this, and alw ays and everyw here th e political prisoner has enjoyed im m unities denied to th e crim inal.
B u t when a political prisoner only embodies the hopes and voices th e aspirations of a nation, th e shame of trea tin g him a fte r the fashion employed w ith sordid crim inals is only equalled by its Should th g u ilt.

We in Canada would soon p u t an end to such tyranny.

indignities in Clonmel he perpetrated in our ja ils , they would be razed to the ground in twenty-four hours.

■f- C. O ’B r i e n , Archbishop of H alifax (31.)

The Right Rev.
The Right Rev.

E L P I I É G E G R A V E L , French-Canadian Bishop o f Nicolet.

M o n c h e r M o n s i e u r — Je m’empresse de répondre à votre le ttre du 17 du courant.

Le traitem en t infligé aux prisonniers politiques en Irlan d e, a dû péniblem ent im pressioner tous les vrais amis de la religion et de la liberté.
D ans les tem ps du paganism e, alors que la i eligion é ta it la déification d e s passions hum aines, et la lib erté une m oquerie, on considérait les prison­ niers politiques comme les pires criminels.

Il n ’y avait pas de cachots assez sombres, ni de supplices assez cruels pour les vaincus.

Vœ Victis !

c’é ta it le d ro it public payen.

_ M ais le Christianism e a adouci ces m œ urs barbares.
Les législations qu i ont pris naissance, sous son inspiration ont su faire la distinction entre un patriote qui p ar des revendications pacifiques, sans p o rter a ttein te aucune à la m ajesté de la couronne, travaille à soulager les mis m isères im m éritées de ses frères, e t le scélérat coupable de toutes les félonies.
C’est une source de regrets pour les loyaux sujets de sa M ajesté, qui vivent en A m érique, de voir que les hommes publics d ’A ngleterre s’obstinent à conserver cet esprit payen dans la legislation à l'ég ard de 1* Irlande.
Je fais des vœ ux pour que le D ieu qui a vaincu le paganisme, inspire aux hommes illustres, qui ont les destinées de la Grande B retagne 1 0 4 en tre les m ains, de recourir à des procédés plus C retiens à l ’é g a r d ’de patriotes Irlandais, qui généralem ent n ’ont pas d’au tres crimes à leur charge, que de trav ailler, p ar des moyens c o n stitu tio n a ls, à adoucir le sort cruel de leurs concitovans—J ’ai l’honneur d’être, mon cher m onsieur, votre dévoué serviteur.

►J* E l p h é g e G r a v e l .


E voque de Nicolet.

T he follow ing is a translation of the above :— “ M y d e a r SrR,— I h a ste n to re p ly to y o u r le tte r of th e 17th in st. “ The treatm en t to w hich political prisoners in Irelan d are subjected m ust have produced a painful impression on every tru e friend of religion and liberty.
I n pagan tim es, w hen religion was th e deification of hum an passions, and lib erty was b u t a m ockery, political prisoners were regarded as th e w orst class of crim inals.

T here was no dungeon dark enough, no to rtu res sufficiently cruel for the vanquished.

F<% Victis !— th is was the m axim of public law for th e pagan.

“ B u t C hristianity has modified these pagan notions.
The legis­ lation, w hich it has inspired, has made a distinction betw een th e patriot who, w ith o u t attacking th e M ajesty of th e Crown, endeavours by peace­ fu l agitation to lig h ten th e undeserved hardships of his fellow -crcatures, and th e crim inal who has com m itted a felony.

“ I t is a source of reg ret, to all th e loyal subjects of her M ajesty in to see the statesm en of E ngland obstinately m aintaining the Am erica, pagan sp irit in th e ir legislation.
“ I earnestly p ray th a t th e God, who has overthrow n Paganism , may lead the illustrious men, who guide th e destinies of G reat B ritain, to more C hristian m easures tow ards the Irish patriots, who for the most p art are g u ilty of no greater crime th a n endeavouring, by constitutional means, to relieve th e h ard lot of th e ir fellow -citizens.— I have th e honour to be, m y dear sir, your devoted servant.

“ E l m é g e G r a v e l .

“ Bishop of N icholet.” .

( 3 2 .)


H is Eminence C A R D I N A L T A S C U E R E A U% Cardinal Archbishop o f Quebec.

A rchêveche, Quebec.

M o n s ie u r — J ’ai une grande sym pathie pour l ’Irelande, et tous les jours je demande à D ieu de la bénir, e t de lui accorder la lib erté et la bon h eu r en récompense à sa fidélité à la foi reçui de St. Patrice.

Votre ta n t dévoué serviteur, E. A.

C a r d .

T a s c h e r e a u , Arch, de Québec. ]


0 ó The following is a translation of th e above :— “ I feel g reat sym pathy for Irelan d , and every day I pray to God to bless her, and to give her liberty and happiness in re tu rn for h er fidelity to the faith, w hich she received from S t. P atrick .

“ Y our v e iy devoted servant, “ ^ E. A.

Card.

T a s c h e r e a u , “ A rch, of Quebec.” (33.)

The R ig h t R ev.

J O H N C A M E R O N , Bishop o f A n tig on nh , Canada.

Antgonish.
D e a r S i r — In rep ly to yours of th e 22nd u lt., I beg leave to say th a t w hile th e people of E astern Nova Scotia and Cape B reton are, and have every reason to be, most loyal to th e B ritish throne, th e trea tm e n t of political prisoners now practised in Irela n d , is regarded as infam ous and preposterous, not only by every m em ber of m y flock, com prising 43,000 Scottish H ighlanders, 18,000 F re n c h Canadians, and 12,000 Irishm en, b u t also generally by all th e other still more num erous C hris­ tian denominations amongst whom we live.
As sincere w ell-w ishers of G reat B ritain and Irelan d , we w ish to see both nations united in th e tru e sense of th e term , th e same obedience reg u latin g every subject, th e same h e art anim ating every breast, and th e same sp irit d ictatin g every action of every member, w ith a common in te rest in th e preservation of the w hole em pire.
W e feel th a t a salutary union can never be achieved un d er th e present in fatuated reign of terror, and we therefore earnestly hope and pray th a t th e G reat G iver of every excellent and perfect gift, w ill soon p u t an end to th e present policy, more w orthy of A narchists th a n enlightened statesm en.
I t being worse th a n w icked to ignore any longer th e im pregnable stren g th of th e self-evident justice of th e Irish cause, advocated as i t is a t home by such m ighty leaders, in C hurch and S tate— in England, by th e electrifying genius of a Gladstone, and everyw here th roughout th e B ritish Em pire by every unbiassed lover of h e r perpetual glory— I ardently tru s t th a t Englishm en, like Scotchmen, w ill now realise the suprem e folly of pursuing an unrighteous policy, sim ply cal­ culated to paralyse Irish loyalty and th u s to w eaken and disgrace B ritish pow er.— I have th e honour to rem ain, dear Sir, faith fu lly yours in C hrist, J o h n C a m e r o n , Bishop of Antigonish.
(34.)

The R ig h t Rev.

Monsgr.

B E G I N , French-Canadian Bishop o f Chicoutimi.

B i e n c h e r M o n s ie u r — La m alheureuse Irlande a certainem ent toute mes sym pathies : son attachem ent inebraulable à la foi Catholique ; la Evêchc Chicontimi.

106 " persecution terrible, dont elle a eu à souffrir depuis trois siècles, sont bien de n ature à conquérir l’unanim e adm iration des peuples et l’enthousiasme J e n ’ai jam ais lu l’histoire de cette nation de tous les nobles coeurs*.
m artyre, sans être ému ju sq u ’ au fond de l’âme les souffrances de pauvres victimes, sur le sol de leu r bien aimée patrie comme sur la terre étrangère, J a ne me suis pas contenté d’une ont bien souvent excité ma compassion.

stérile pitié ; tous les jours je demande, et je demanderai encore, au bon Dieu, de faire cesser l ’oppression sans exemple, sous laquelle gém it l ’excel­ le n t peuple Irlandais, et de lui rendre la liberté, à laquelle il aspire depuis si longtemps.
Avec les vœ ux ardents, que je forme pour rindepcndence de la chere I rlande, agreez, bien cher monsieur l’hommage de mon entier devoument en X.S.

L. N. E v. CmcoNTiMi.

The following is a translation of th e above :— Bishop’s House, Chicontimi.

M y dear Sik— Unhappy Ireland has w ith o u t doubt my entire sym pa­ th y .
H e r unalterable attachm ent to th e Catholic faith, and the terrible perse­ cution she has had to go th rough during the last three centuries, are well calculated to command th e unanim ous adm iration of the world, and the enthusiasm of every generous mind.

1 have never read the history of th is m artyred country w ithout experiencing the most profound emotion of the soul.
The sufferings of the unfortunate victim s, buth at home in th e ir well-beloved country and in th e land of the stranger, have often moved me to th e greatest compassion.

I am n o t content w ith an idle sym pathy ; b u t every day I pray, and shall continue to pray, to the great (rod to term inate th e unparalleled oppression under which th e Irish people suffer, and to give back to Ireland the liberty w hich she has sought for so long.
W ith the expression of my ardent desire for the independence of dear Irela n d , accept, my dear sir, the homage, &c., L. X .

B isuor C h ic o n t im i.

(35.)

The] R ight Rev.

J A M E S V I X C E N T C L E A R Y \ Bishop o f Kingston, Canada.

Bishop’s Palace, Kingston, Canada.

In a general assembly of th e clergy of the Diocese of K ingston, in Canada, held in the Bishop’s Palace, the Most Rev.
Jam es Cleary, Lord Bishop of K ingston, in the chair, the following resolu­ tions, proposed by the V ery Rev.

Dean G authier, pastor of Brock ville, and seconded by the Rev.
Charles B. M urray, pastor of Cornwall, were passed w ith acclamation :— “ T h at we, the bishops and priests of the Diocese of K ingston, Ontario, Canada, as free citizens of th is Dominion, enjoying the social and political 107 advantages of Home Kule, under th e C onstitution guaranteed to us by h er M ost Gracious M ajesty Queen V ictoria, w ith th e consent of both Houses of th e Im perial Parliam ent, deplore th e prolonged servitude of th e Irish people, bereft of th e ir native L egislature, and oppressed by law s enacted against them in an alien Parliam ent, th e m ajority of whose m em bers are unacquainted w ith Irish grievances, and th e ju s t methods of rem edying ^ them .
“ T h at th e seizure and im prisonm ent of Irela n d ’s P arliam entary re ­ presentatives, because of th eir having exercised th e ir legitim ate ri° h t under the Constitution, to m eet th e ir constituents and consult w ith them upon th e ir political requirem ents, is a crime against a fundam ental law of national existence, superior to London-made law , and is a direct incentive to th e people of Irela n d to regard P arliam entary m ethods of redress of grievances as a m ockery, and consequently to have recourse to m ethods of violence, through th e agency of secret associations or otherw ise, for th e ir self-protection.” * “ That we have read with disgust and abhorrence, th e journalistic accounts of the b ru ta l ill-usage of Irela n d ’s elected representatives in th e prison - cells of Tullam ore, and Clonmel, u nder cover of the Coercion A ct— how th ey have been stripped naked, shorn of th e ir h a ir and beards, compelled to lie upon the plank bed, forcibly clothed in th e felon’s garb, and in divers other ways sham efully outraged, and we have no hesitation in condem ning such abuse of pow er by th e present Prim e M inister of E ngland and his nephew in Ireland, as a ty ran n y , inconsistent w ith th e first principles of civilized governm ent, and a stain upon the escutcheon of E ngland, ten d ­ ing to reduce h er from h er foremost place of honour amongst th e nations, as th e persistent guardian and champion of parliam entary legislation, and of th e popular liberties identified w ith its
 historical developm ent ; and we hereby, on behalf o f ourselves and our flocks, o f whose sentiments we are thoroughly informed, respectfully tender to th e struggling Irish people and to th e Irish P arliam entary P arty , w isely guided by M r. P arnell, and especially to th e im prisoned and insulted representatives of Ireland, our h eartfelt s\ m pathy w ith them and th e ir most righteous cause, our hopes for th e ir speedy success, and our adm iration of th e noble spirit of self-sacrifice, and dauntless fortitude, w ith w hich th e terrors of despotism and the horrors of th e dungeon are foiled, and folied by Irish patriots of p urest honour and unblem ished v irtu e .” ►J* J ames V incent Cleary, S .T .D .
Bishop of K ingston, Chairman.

(36.)

B I S H O P O F S T .

J L Y A C IN T IL H is Lordship w rites to say th a t he has great sym pathy for Ireland, and takes interest in h e r affairs, bu t is not sufficiently acquainted w ith them to offer an opinion upon th e subject in question.

1 0 8 (37.)

The lio n .

J A M E S G. M O Y L A N , Chief Inspector o f Dominion Penitentiaries.

D aly-street, Ottowa.


1)>:ak S ir — I n rep ly to your request th a t I should give you my opinion upon th e treatm en t to w hich political prisoners are subjected in Ireland, I beg leave to say, in m y unofficial capacity, th a t I consider it u n ju st, brutal, and un w o rth y of a civilized nation such as E ngland.

I t is u n ju st, because these m en are not crim inals they resort to no m eans to prom ote th e ir patriotic object th a t could possibly be considered im m oral.
W h en forced to resist unlaw ful m easures th ey scrupulously rem ained on th e defensive, and advised th eir hearers to adopt th e same course.

Now, it is not a principle of national equ ity , th a t punishm ent should be in excess of fau lt.
I t is b ru ta l and ty ran n ical to place m en of respectability, and un­ blem ished reputation, upon th e same low level w ith hardened and habit- tu a l crim inals, and to force upon them th e same punishm ents, which societv resorts to only in extrem e cases, and against its most disreputable m em bers.
M oreover, w here politics are concerned, th e policy of th e Go- v em m en t in th u s trea tin g those who uphold, in th e ir practical conse­ quences and bearings, th e views of th e opposition, opens th e door to the m ost revolting abuses.

E inallv, i t is unw o rth y a civilized nation.

E veryw here, save in cases of treason, m urder, and other attem pts against th e life and property of citizens, political prisoners are dealt w ith ra th e r leniently.
I t ill becomes E ngland, who has given an asylum and refuge to re­ including Orsini, to adopt such volutionary cu t-th ro ats and assassins, m easures against Irish patriots, who are guiltless of crime, for even an l e t of P arliam en t cannot render crim inal w h at is m orally rig h t and just.

Beyond all doubt, the E nglish people a t large, if consulted, would b(i very unanim ous in condem ning Balfourism as unjust, bru tal, and disgrace- fu l to th e country.— Very tru ly yours, J ames G. M oylax.
(38.)

M r J).

A .

i f S U L L I V A N , D .L L ., o f Laoel University, a distinguished Canadian B arrister, and ex-Commissioner on Prison Reform.

Toronto.

D k ak S i k — T o subject persons, charged w ith political offences, to pun ishm ent by im prisonm ent w ith th e common crim inal, is contrary to modem principles of good governm ent.

As far back as the reign of George I I I .


th e Im perial P arliam ent recognized th e rig h t of a person committed by civil process not to be incarcerated w ith the N ew gate c rim in a l-(E x p a ite M asters, 33, L .J.O .B ., 146!)

; and it would s e e m monstrous, m our own day, th a t any person whose offcnce is the propagation of views purely poli- tical, n eith er treasonable nor revolutionary, should be classed w ith tho in the course of a twelvemonth, common felon.
Those views may, 1 0 9 become the law of the land, and en titled to th e same obedience as any law now on the statute book.

T he entire treatm en t of political offences has been distinguished from th e treatm ent of other offences, not only in m unicipal b u t also in in te r­ national law.
Political writers have not failed to notice the “jealousy and firmness w ith which all modern nations refuse the extradition, fo r trial and punishment, o f fugitives charged w ith political offences ; and that circum­ stance ought to impress upon them, the care icith which they should proceed to the punishment o f their own citizens fo r the like offence.

'"— (Yeam an, “ Study of G overnm ent.”) — (See T art I.)
The learned w rite r ju s t quoted, after discussing the discretion allowed by tre a ty for th e extradition of crim inals, adds— B u t from th is rig h t and d u ty of surrendering such crim inals, ex tradition for political offences is alw ays excepted, and th ere is a sufficient foundation for th is in th e common sentim ent of m ankind.
T h a t sentim ent points to w h at m ay ultim ately become th e m unicipal as w ell as th e international law .” A part from th e w anton cruelty of compelling m en, enjoying th e high esteem of th e ir fellow-m en, to associate w ith persons who are really or p rim a facie crim inals, there is th e attem pted degradation of political offenders b j endeavouring to m ake them appear crim inal in the public eye.

I t is a sort o f legalized discrediting o f a nation's public men.
Speaking as an ex-commissioner on prison reform, I sym pathise sin­ cerely w ith any m an who is w rongfully lodged in th e same prison w ith th e ordinary crim inal.

I t is a dangerous th in g for th e S tate to know ingly I t is subject one of its own unconvicted citizens to a N ew gate influence.
ungenerous, to say th e least, th a t those at the head of th e S tate to-day should tre a t th e ir opponents as felons, k ro w in g a t th e same tim e th a t it m ay be th e ir own case, w ith these felons a t th e head of th e S ta te to ­ m orrow.— Yours truly, I).

A. O’S u lliy a x (39.)

The lio n .

J O H N V. E L L I S , 31.

P., E ditor o f the S t. John, New Brunsw ick, “ Globe.” Globe Office, St. John, N .

B.
D ear S ir — The trea tm e n t of th e political prisoners in th e jails of th e U n ited Kingdom, as though th e y w ere common felons, is so contrary to th e feelings and to th e sense of justice of th e Canadian people, th a t it is diffi­ cult to find any person in Canada, who can even speak of th e m atter in m oderate term s. I n a land w here th ere is th e broadest sense of freedom, w here political questions, both theoretical and actual, are discussed w ith th e greatest b readth of thought, and w ith th e fu llest licence of language, and w here m en do th is on th e assum ption, th a t th ey have derived th e right, through E ng lish connection and descent, th e m ind is alm ost dazed w hen it is compelled to believe, th a t in th e m other country, th e public man, discussing public questions, from th e point of view w hich he believes to be th e best for th e public interest, is imprisoned, and w hile in prison, compelled to the same degradation as th e w retched violator of th e m oral law , whose 1 1 0 offences are against organized h u m a n ity as w e ll as against th e national code.
In my hum ble judgm ent, the harsh and cruel treatm e n t of Iris h political prisoners, including editors of public jo u rn als and m en elected by th e suffrages of the*people to se a ts‘ in the N a tio n a l Le g is la tu re , has in done much to shake Colonial fa ith I am -w riting has been a Canada th e condition of things of w h ic h sad surprise.
I t has awakened fear lest the national liberty may be seriously and permanently impaired ; fo r what has been done to-day against the public men in Ireland, may be done to-morrow against English politicians, who adopt lines o f discussion and agitation, contrary to the ideas o f those temporarily con­ trolling Parliament.

in Im perial justice.

T o m an y The fair-m inded m an revolts at the treatm ent of Irish public men in th e jails of th a t country.
T hroughout Canada there is a positive, absolute, and acute principle of dislike in th e people generally against the cruel proceedings, under which so m any men in Irelan d have been imprisoned, and th is dislike is heightened and intensified by the statem ents, which have come across th e w aters, of the treatm ent of the prisoners, w hile in custody of th e ir jailers, treatm en t clearly intended not only to inflict physical pain, b u t severe suffering.
One resu lt is th a t there is scarcely a Canadian jo u rn al of any character— I know of none— which defends or palliates these acts.

On the contrary, th ey are severely condemned.

I here is no evil w ithout some attendant good.

T he sufferings and in ­ dignities imposed upon patriotic Irishm en, have increased and intensified Canadian feeling in favour of Home Rule for Ireland.
T hroughout this country to-day, th ere is a large and ever-growing m ajority, desirous of seeing an end to a struggle, which brings no honourto England.
B ut, u n ­ fortunately, the tie of kinship is loosened, and love for the m other country is w eakened in one of h er great colonies, bv imposing upon political prisoners dishonouring and inhum an punishm ents—punishm ents w hich are not even inflicted upon th e ordinary occupants of colonial jails, h u t are reserved for the occasional punishm ent of the w orst ty p e of uncontrollable convicts in Canadian penitentiaries.
The national lion our and th e national interest demand a speedy c hange of a system so generally condemned in America.

Y ours tru ly , (4 0 .)

J o h n V .

E l l i s .

Th 1Toy.

F H A 2 î C O IS IA J> G E L I E R , 21.P ., A la y or o f Quebec, Ontario.

L.r-Treasurer and Ex-Commissioner o f Crown Lands in the Government Quebec, and Professor o f Civil Law in Lavel University, Quebec.

House of Commons, Ottowa.


My p e a k Sra— Y ours of the 22nd u lt., on account probably of a trip to Quebec, has only come into m y hands.

I have no hesitation in saying th a t the treatm en t of political prisoners by Mr. Balfour is a disgrace to the Governm ent to which he belongs, and I l l an outrage to civilization.
If, at th e tim e the cruelties of King- Bomba were being exposed so mercilessly by M r. Gladstone and the B ritish Press, somebody had asserted th a t th e same th in g w ould be done in th e U nited Kingdom, th e assertion would have been tak en up as a deliberate in su lt to th e B ritish nation.
W h at we see now is ju s t as bad, if not worse, th an w hat K ing F e rd i­ n a n d was th en doing at Naples, w ith th is aggravation, th a t K ing F e rd i­ nand was ru lin g under a despotic system of governm ent, w hereas th e outrages perpetrated on th e order of M r. B alfour are being carried out under a free governm ent.

E ven under th e reign of Napoleon I I I .


in France, no M inister w ould have dared to inflict, on one of th e new spaper m en sent to ja il for Press offences, th e tre a tm e n t m eted out to M r. ¥ m .

O’Brien and others.

T hey were sim ply deprived of th e ir liberty, but, for th e rest, were allowed to live as th ey w ould have done a t home.

I f th ey had been treated like thieves or m urderers th ere w ould have been a revolt w ith in a fo rtn ig h t.— Yours very tru ly , F .
L a n g e l ie r .

(41.)

The lio n .

J J.

C U R R A N , Q.C., 31.P .

House of Commons, Canada.

D e a r S i r — I have yo u r note asking m y opinion on th e “ T reatm ent of P olitical Prisoners ” as now being practised in Ireland.

I have already expressed m y views on th is subject so often in public audiences, th a t I cannot add anything to m y w ell-know n opinions.
Possibly th e subject m ay be again before th e Canadian public in a short tim e, and th e friends of Irela n d m ay be enabled to once more e n te r th e ir protest against the present system of unjustifiable coercion, and the^ a ttem p t to degrade honourable m en engaged in a constitutional a g itatio n .— Y ours sincerelv, J. J.

C u r r a n , M .P .

The lio n .

W M .

I).

B A L F O U R , M .P ., Provincial Législature o f Ontario.

(42.)

L egislative Assembly, O ntario, A m herstburg, Ontario.
M r d e a r S ir — I have your com m unication of the 22nd u lt., in re ­ gard to an expression of opinion upon th e u T reatm en t of P olitical P risoners ” as now practised in Ireland.
I have not th e slightest hesitation in saying th a t th e outrageous tr e a t­ m ent, m eted out to th e political prisoners in Irela n d by the B ritish Govern­ m ent, has made E nglish law and E nglish justice, as applied to Ireland, a m ockery and by-word among m any h ith erto loyal B ritish subjects in th is section of Canada.
L iving in a country such as we_ do, w here th e utm ost freedom of speech and action in m atters political is demanded by, and accorded to, every citizen, one is alm ost at a loss to und erstan d how such a state of affairs as is found in Irela n d to-day can exist in any country under B ritish rule.

N o Government could exist in Canada for a day that would attempt ta treat political prisoners— especially representatives o f the people— as common felons.
Were a tithe o f the oppression attempted here that is carried oat in Ireland, nothing could prevent our people rising en masse, and by open rebel­ lion resenting the indignities, and meting out proper punishment to their oppressors, in whatever office or situation in life they were found.

I am n ot an Irishm an myself, b u t th e opinions I express arc not held by Irish m en alone.
I n w ritin g as I do I b u t give expression to an almost universal sentim ent, among m en of all classes and nationalities and creeds in these south-w estern counties of the province of Ontario.

The E n g lish ­ m en, th e Scotchmen, th e Frenchm en, and th e Africans, as w ell as the.
Irishm en , who compose our population, w ill all rejoice together w hen the rapidly-approaching day arrives, w hen Irish m en in Irelan d w ill have as complete control over th e ir local affairs, as th e ir kinsm en in Canada have of th eirs.— I have th e honour to be, faith fu lly yours, W m .

D. B a l f o u r , M em ber of the Province L egislature of Ontario.

(43.)

The H on.

N I C H O L A S F L O O D - D A V I N , J I P .

, Asiniboina.

House of Commons, O ttaw a, Ontario.


D e a r S i r — I re g re t I have not a copy of my speech on Home R ule, m ade in 1887, in th e H ouse of Commons.

You w ill find it in the Cana­ dian “ H an sard .” I m ay te ll you briefly th a t m y view is this, th a t it would be b etter for th e Im p erial G overnm ent, if some system like our Canadian system w ere applied to Irela n d .— I am, dear sir, yours tru ly , N i c h o l a s F lood- D a v i x .

The H on.
The H on.

T. C O U G H L IN , J Í.P ., Canadian Parliament.

(44.)

House of Commons, Ottawa.

D e a r S i r — I n reply to yours of the 22nd u lt., I can only say th a t the m anner in w hich political prisoners, be they clergym en, or members of Parliam ent, or simple peasants, are being treated in Ireland, is simply an To refer to one instance outrage on our common feelings of hum anity.
of a com paratively recent occurrence, th e episode of the arrest and imprison­ m ent of the pure-m inded, self-sacrificing, m. O’B rien.
One day we saw him addressing thousands of E nglishm en in the Town H all of one of E ngland’s chief cities ; he was the honoured guest of the Mayor of the 1 1 3 city, occupying the very room and bed w hich had been last occupied by th e eldest son of th e heir apparent to th e throne ; w ithin forty-eight hours we saw him struggling upon th e floor of his prison cell in Irelan d , w ith seven jailors (M r. B alfour says th ere w ere only six of th em ), who sought to remove his own clothes and su b stitu te those w orn by th e m urderer and th e thief.
A ll these indignities, and m ore, have we w itnessed; and we ask ourselves, is it possible th a t these thin g s can be done under B ritish law and in th e last q u a rte r of th e boasted civilization of th e nin eteen th century ?

W h at more can I , need I , say ?

Of one th in g I am q u ite su re—th ey would not be tolerated for one short period of tw en ty -fo u r hours in “ th is Canada of ours.” — I rem ain, yours tru ly , T. Coughlin.

(4.5.)

I I .
(4.5.)

I I .

B E A T JG R A N D , E x-M ayor o f Montreal, and E ditor o f that universally known paper, L a P atrie.

^Montreal.

D ear Sir , —I t does not seem as if th ere could be tw o opinions about th e treatm en t inflicted on th e Iris h political prisoners, by th e present G overnm ent of E ngland.
Viewed from afar, and judged from an im par­ tia l and purely hum anitarian standpoint, it is both cruel and im m oral in th e extrem e, and it is a w onder to me th a t you can a t th e present age find m en in th e B ritish P arliam ent to apply, or to defend, such a system of b a r­ barous coercion.— Y ours, &c. H .

B e a u g r a n d .

(46.)

I I J .


C L O R A N , B arrister, and President o f S t. P atrick's Society, Montreal, and senior member o f the im portant fir m o f Cloran and Bcddard, advocates, barristers, $•£., Montreal.

118 S t. Jam es’s S treet, M ontreal.

D ear S ir — Y o ur favour, dated th e 22nd u lt., and asking for an e x ­ pression of opinion on “ th e tre a tm e n t of I ris h political prisoners,” is ju s t to hand.
T he system of placing political prisoners, m any of them public representative m en, on th e same footing w ith common thieves, w ife- beaters, and m urderers, m ay command th e sanction of Ire la n d ’s political adversaries in th e present H ouse of Commons, b u t from all th e indications on th e electoral horizon in G reat B ritain , it is q u ite safe to say th a t th e great h e art of th e n ation is sick at, and w ishes to be relieved of, th e in ­ decent spectacle.
N o good or law fu l purpose can be served by confounding political offenders w ith low and revolting crim e, and i t is contrary to all sense of decency and ju stice, as w ell as to th e u niversal practice am ong free and civilized peoples, to punish a political offender w ith th e same severity and degradation as th a t m eted out to fiends.
% 1 1 4 P ublic opinion abroad, w heth er expressed in th e columns of th e Press, from th e platform , or on th e floors of N ational or State Legisla­ tures, brands B alfour’s trea tm e n t of Irish political prisoners as a blot upon E n glan d ’s name, and a disgrace to civilization, for th a t treatm ent is characterized by m ost u n justifiable rigour—not to say b ru ta lity — and by unqualified indignities show n to th e victim s of th e Governm ent’s anger 01* fe a r—Y o u r obedient servant, II.
J .

C lorait.

(47.)

A t a mass-meeting o f the Peterborough (Canada) Branch o f the Irish National league, M r. T H O M A S C A H I L L , President, in the chair, the followin'!
resolutions were passed unanimously : “ T h at th is m eeting records its sym pathy w ith W illiam O’B rien, M .P., in th e ir sufferings for and th e other political prisoners in Irelan d , th e cause of Irela n d and hum anity, and th a t we view w ith alarm the m anner in w hich th e lib e rty of th e person and freedom of speech is w rongly restricted, by th e tyrannous acts of th e executive of th e present G overnm ent in Ire la n d .” Proposed by M r. Charles J .
Leonard, and seconded by Mr. John Cor- k c rry :— “ Tha^, as B ritish subjects, we desire to place on record our hearty detestation of th e base m eans taken to degrade the leaders of the Irish people, who have, been im prisoned for political offences, by subjecting them to the treatm en t reserved for common felons only.
T h a t in our opinion such treatm ent, savours of vindictive feeling, created by personal animosities, and "frill, if persisted in, incite the passions of the Irish people to such a p itch as w ill place them beyond the control or persuasion of th e ir leaders.” (48).

S t. A nne's Total Abstinence and Benefit Society.

M ontreal.

D ear S tr — A t a large and representative m eeting of the >St.

Anne s T. A .

'an d B.


Society, held in St. A nne’s H all, th e following resolutions w ere earn ed unanim ously by a standing vote : — “ W hereas, th is society has learned w ith feelings of disgust of the b ru ta l and inhum an treatm en t to w hich patriots have been subjected by the prison authorities in Ireland, by being placed on a level w ith felons and crim inals ; and W hereas, we regard th is treatm en t as cruel and tyrannical, th e ir offence being w h at is called ‘ Political ; ’ .
u W e hereby en ter our solemn protest against such a system of prison treatm en t, and call upon all lovers of justice and freedom to raise th eir voice against such a state of things in th e hope th a t a speedy remedy may be obtained.” _ “ Resolved— T h at we ten der our sincere thanks to the D ublin 1 1 5 Freeman s Journal îor its action in th e m atter, and w ish th e paper every success in its patriotic w ork.” W e have th e honour to be, yours m ost respectfully, P. K e n n e d y , P resident.
J a m e s M a g u ir e , Secretary.

(49.)

M r. F. Ji.

L A T C U F O II T, President o f the Celtic Benefit Association, and a distinguished Barrister.

O ttaw a.

D ear Sir — I beg to acknowledge th e receipt of your le tte r of th e 22nd u lt., addressed to me as President of the Celtic Benefit Association, in which you request an expression of opinion, regarding th e treatm en t to w hich political prisoners are subjected in Ireland.
I am led to consider th a t it is an expression of th e opinion of th e Society, over w hich I have th e honour to preside, th a t you are desirous of obtaining.

The Celtic Association, I am glad to be able to say, having no hope of rew ard for treachery dangled before th e eyes of its members, and fearing not th e w orst its enem ies— and th ey are not few — can do or say against it, lias never hesitated to express its opinion upon th is or any other subject of special in terest to Irish Canadians.
I t has never hesi­ tated as to w hat line of action it should adopt, w hen th ere was a question of an y th in g th a t could arouse or fortify in th e breasts of its members, th;it sp irit of unselfish patriotism , whose best exponents and hig h est exem plars are, to-day, Jo h n D illon and W illiam O’Brien.
I n fact, one of th e chief objects of the Association, and th a t to w hich it owes, in an especial m an­ ner, its strength and success, is th e prom otion among th e younger Irish Catholics of th is city of a h ealth ier form of Irish N ationality, th an had previously existed.

Such being th e spirit and aim of th e Association, you w ill not, I am sure, be surprised to learn th a t we anticipated to some e x te n t the.
object of your letter, and long ago passed a resolution, a < opy of w hich I beg to enclose.— Y ours sincerely, F r a n k l i .

L a t c h f o e n .
1 he following is a copy of th e resolutions referred to in Mr. L atehford's le tte r :— “ I h a t we denounce as infamous, th e baseness of th e Salisbury G overn­ m ent in revenging th e defeat of them selves and th e ir confederates on th e ir political opponents by illegal, w anton, indecent, and inhum an violence and cruelty inflicted upon them , to the im inent danger of th e ir lives, w h ilst th ey are prisoners in th e ir hands.” “ T hat, as Canadians, we desire to record our em phatic protest against th e continuance of a policy, th a t is a m enance to th e public peace of Ireland, and has stirred up in th e U n ite d States a feeling th a t is in the highest degree inim ical to th e friendly relations w hich should subsist betw een the Dominion of Canada and th e Am erican R epublic.” 1 1 6 (50).
1 he Itev.

A .

B U R N S , D .D ., L 7 .D ., Principal o f the Wesleyan Methodist Ladies' College, H am ilton, Ontario.

Ladies’ College H am ilton, Ontario.

D ear S ir —Y ou ask for m y “ opinion upon tlie treatm en t of political prisoners as now practised in Irela n d ,” and I comply a t once.

I t is painful to one, who would love to th in k of his country as the m ost enlightened and liberal nation on earth, to see h er throw into a com­ mon category th e idolized patrio t and th e common crim inal.
E ngland’s tie a tm e n t of Irish Members of P arliam en t and other political offenders is a sad blot on h e r good name, one of th e grossest governm ental anachron­ isms of our day.

I t m ight suit th e political enlightenm ent of C onstanti­ nople or St. P etersburg, b u t certainly the children of B ritain, th e wide w orld over, blush to sec h e r stoop to such unseem ly severity.
W ere th e object to irrita te and exasperate even to desperation, Bal- fourism could not have been b e tte r devised or executed.

Afc an Irishm an I consider th e system an in su lt— a studied in su lt— to m y countrym en everyw here.

"Were these patriots crim inals we w ould be silent.
B ut it is notorious th a t th e ir crime consists, n ot in violating ordinary B ritish law, b u t in ru n n in g foul of spccial enactm ents, th a t seem to have been made to provoke to violence and crim e. From all th a t I know of th e conduct, for w hich th ey have been treated w ith such cruelty and indignity, it would not be considered crim inal in any other p a rt of th e B ritish Em pire.

W ere th e land system in Irela n d transferred to Canada it would not be tolerated for a w eek.
L oyal Canadians w ould find a P lan of Campaign.

W ishing for th e real union of Irelan d and E ngland, I tru s t th a t th e present irrita t­ ing and offensive system m ay soon cease, and th a t those charged w ith m ere political offences in Irela n d m ay receive th a t consideration th a t w ould be granted to political prisoners by the nations of W estern Europe and the G overnm ents of N orth Am erica.— I am, yours tru ly , A.

B u r n s , D .D ., LL.D .

(51).

Per.

E .

IT.


D E W A R T , M inister, and E ditor o f the “ Christian Guardian,” Methodist.

The Christian Guardian Office, (One of the oldest and m ost widely circulated religious weeklies in Canada.)

Toronto, Canada.

B e a k S i r — I n answ er to y o u r in q u iry resp ecting m y view s on th e re- cen t tre a tm e n t of p o litical prisoners in Irelan d , I m ay say b u e y believe it is ad ap ted to prolong and increase th e irrita tio n , and dissatislac- 2.
I t is co n trary to th e tion, for w h ich it is assum ed to be a rem edy.

.

1 1 7 freedom of speech, by w hich all great reform s have been achieved ; and 3.

I n its barbarism and cruelty it is u tte rly out of harm ony w ith th e hum ane spirit of modern civilization.— Yours very tru ly , E .

H .

D e w a r t .

(52.)

The Rev.

JT.

S .

G R IF F IN \ Methodist M inister, Stratford, Ontario, Canada.

S tratford, Ontario.


D ear Sir— W e are constantly discovering, w h at are to us, new features in th e social and tem poral circum stances of th e Irish people, and form ing clearer views of th e relations of Catholic and P ro testan t comm unities to each other and to th e Government, and, as th e result, there is a rapidly grow ing sym pathy w ith every legitim ate effort in th e direction of Hom e R ule.
I do not employ m y feeble pen to discuss th e m erits of th e question at issue ; th a t is a business w hich belongs to journalists and orators of th e country, and a business w hich th ey are m anaging w ell ; b u t against the , policy of th e Governm ent in its cruel trea tm e n t of im prisoned Irish patriots, even we have som ething to say.
T hey are our fellow -citizens, and have for us a relationship more intim ate and sacred th a n th a t w hich is adm itted to arise from th e common brotherhood of m an.

T hey are children of th e same household (for a nation is a fam ily on a large scale), and any outrage com m itted on them , w ill n a tu ra lly and certainly be re ­ sented, as an in su lt and an in ju ry done to all.

W e a re loyal subjects of th e realm .


I n G reat B ritain itself there are never se en more enthusiastic exhibitions of loyalty.

N evertheless, I con­ fidently say, there has arisen a m ixed feeling of condem nation and h u m ili­ ation, in view of th e fact th a t th e m ighty G overnm ent of an enlightened and liberal nation, has resorted to a p e tty and p itifu l persecution of m ere political offenders.
T here m ay be some who w ould m aintain th e wisdom and necessity of th e special legislation under w hich th ey have been con­ victed, b u t I have never heard one whose opinion is w orthy of notice offer any defence of th e vindictiveness, exhibited in th e degrading conditions of prison life, w hich have been imposed.

W h a t other reason can be assigned for th is departure from the ordinary trea tm e n t of such offenders by civil­ ized nations ?
I f th ey had been prisoners of w ar, arrested in red-handed rebellion, or desperate villains, caught in th e very act of assassination and robbery, w h a t worse conditions of incarceration w ould th ey be called on to bear ?
One could only p ity th e ignorance th a t prom pted such methods, if i t w ere supposed th a t thereby th e sp irit of revolution w ould be broken ; b u t th e m an who has adopted them is too w ell informed, not to know th a t heroic m en bending beneath th e w eight of oppression (real or im aginary) have never been broken by any degradation th e oppressor m ay employ.
H e could n o t b u t know , th a t th e indignités w hich were added to im prisonm ent, w ere u tte rly useless as an expedient to stam p out th e political organisation of th e country, and consequently th ey can be considered sim ply and only as th e expressions of unbounded personal hate.
118 W hen such honoured representative men as M r. O 'B rien, Mr. Carew, and M r. Redmond are h un ted down and consigned to th e felon’s cell, where th e y are subjected to th e mo?t m ortifying and hum iliating experiences, for acts w hich m illions of honest men deem virtuous instead of criminal, we are rem inded of th e cruel to rtures w hich savage In dian chiefs inflicted upon th e ir unfortunate prisoners of w ar.
X ot for governm ental ends cer­ tain ly , b u t to gratify th e ir savage natures, th ey torm ented th eir helpless victim s ; and we can conceive of no other feeling (difficult as it is to con­ ceive it) w hich w ill account for th e insulting, disgusting, and degrading penalties, inflicted upon these patriotic m en.
W hile such treatm ent is to be deplored for th e sake of the sufferers, it it doing every day more to m ultiply the friends o f Home R ule than any other one thing since the agitation bey an.

A w idely extended acquaintance w ith th e opinions and feelings of a g reat variety of people in th is country convinces me of the certain ty of this.
T hey m ay have no votes on th is question ; b u t voting in the British P arliam ent, before now, has been largely affected by th e m oral sentim ent of B ritish subjects abroad ; and as it is supplem entary to the strong na­ tional sentim ent ever increasing a t home, itsim ortance cannot be despised in settling th e question of liberty for a dow ntrodden people.

Unbending purpose and unfalterin g courage w ill trium ph in the end.
The prison w ill have no terrors for those whose life of oppression is more , abhorrent th a n im prisonm ent.

The more m artyrs there are in prison the ?

more heroes there w ill be in th e field, and th eir friends w ill m ultiply w ith th e ir deeds of heroism, and th e ir unhappy land shall soon be prosperous and free.— Y ours tru ly , W .

S. Gr if f in , M ethodist M inister, Stratford, Ontario, Canada.

, (53.)

I Rev.

E .

A .


M U R R A Y , P .P ., Coburg, Ontario, brother o f the late Chevalier M urray, o f the Papal Zouaves.

Coburg.

D ear S i r — I t is sad to contem plate the action of th e Governm ent in Irela n d tow ards political prisoners.

Those especially, who form p art ot - th e g reat E nglish-speaking world, see th is sad state of things going on in our day w ith feelings of regret.
The largest lim it of freedom of opinion „ in all m atters, of even those of a political nature, is extended to every p a rt of th e B ritish E m pire, w ith o u t m entioning th e great English-speak- ing com m unity of th e U nited States.

Take even the United States a t the ■ tim e of th e Civil W ar, even in those troubled times, w hen the great army t w as moving forward for the preservation of the Union.
A t th a t time, even, th e great General G rant considered it beneath a great nation to take c ognizance of any works, w ritte n or spoken in favour of the Confederate ; States, and w hen his attention was called to the m eetings and speeches I of some, who were considered as endangering th e Unionist^ cause, w ith th a t contem ptuous smile the great soldier could give, he said th a t 1 he would take no cognizance of speech or w riting from anyone, but he woul 1 1 9 sum m arily deal w ith anyone g uilty of any action against the U nited States G overnm ent.” C ontrast th is w ith th e action of th e Government of Ireland, a small country of five m illion inhabitants, th e poorest and most suffering in th e world, and th e men, who, by th e ir voice and pen, are endeavouring, w ithout violence, to gain some m easure of legislative favour for th e ir country, placed in th e same dungeons th a t civilization m ust create, to preserve itself from w h at is w orst and w eakest in hum anity.
To us, living in Canada, such governm ent is among th e thin g s incom pre­ hensible.

H ere, from tim e to tim e, th e B ritish G overnm ent has con­ stan tly gone on giving us w hatever m easure of self-governm ent we desired, and w hen such demands were made, th ere were then, as now, m en who even tho u g h t differently, and so expressed them selves, and who even th o u g h t for a m om ent of punishing th e free expressions of opinion w ith im prisonm ent in a common jail.
A nd the fru it of such a mode of governing a country is easily seen in th e prosperity of Canada, and th e happiness of h er people.— Yours tru ly , E. A. M urray, P .P .

(54,) Rev John F. C O F F E Y , E ditor o f “ United C a n a d a O tta w a .

M y d e a r Sir — Yours an en t Irish prison trea tm e n t did not reach me Office of United Canada, 55 R ideau-street, Ottaw a. till th is forenoon.
I have so often expressed m yself on th is subject in th e Press, th a t I can only say again th a t I look upon th e Balfourian treatm en t of th e Irish political prisoners, as a blot on our civilization and a disgrace to our C hristianity.— V ery faithfully, J oiin E. Coffey, O ttaw a.

(55,) G F O R G E S T E W A R T , Jun., L I j.D ., E ditor o f Quebec “ Morning Chronicle, ” Fellow o f the R o ya l Canadian Society, Sfc., Sçc.

The M orning Chronicle Office, Quebec.


D ear Sir ,— To m y m ind it seems m onstrous, in th is age of progress and advanced statecraft, th a t political prisoners should be treated as common felons.

T h a t course, if persisted in, w ill have th e effect of bringing about a stupendous reform.

P atriotism and crime are not synonym ous.—I am, yours very truly, G eorge S tewart, J un.

(56,) J .
(56,) J .

W. F I T Z G E R A L D , an extensive Business Man in Peterborough, Canada D ear M r.------ 1 beg to acknowledge th e receipt of your le tte r em ­ b racin g e x tra c ts from a le tte r received by you from Mr. È.

D w yer Gray, Peterborough, Ontario, Canada.

of th e D ublin Freeman's Journal, w ith the view of eliciting expression of opinion upon the treatm en t of political prisoners a t th e present tim e in Irelan d .
A ltho ugh a tru e B ritish subject, educated in, and speaking the English language for more th an half a century, in Irela n d and in Canada, I cannot find words to express adequately m y u tte r horror of th e infam ously brutal, cowardly, and cruel persecution now practised upon Irelan d ’s cherished, m ost valued, and noblest sons.

.
I t is bad enough— it is barbarous and inhum an en o u g h - for strongly arm ed and organized bodies of Irish policemen and B ritish soldiers the la tte r in degradation of th e ir noble calling— to root out, under Balfour’s orders, often penniless andfoodless, from th e h e alth s and homes created largely by them selves and th e ir ancestors, w eak m en, women, and children ; b u t it is infinitely more galling and fiendish to seek to drag down to degradation and contam ination, men of sensitive fibre and keen susceptibilities, whose only crim e is to say in Irelan d w h a t Englishm en could w ith p erject freedom say in E ngland, by coercing them to consort w ith vile crim inals of every kind.
Such cold-blooded levelling is a disgrace to England, and to E ngland s hum anity. "

.

I t is precisely of a piece w ith th e attem pt of the infam ous lo ry bro- vernm ent and th e London Times newspaper, to brand M r. P arnell, and th ro u g h him th e Irish nation, w ith foulest crime— b u t as it ended w ith th is conspiracy, so w ill it end w ith Balfour— in discomfiture and disgrace.
The daw n of Irela n d ’s lib e rty is already above th e horizon—the masses, ave, and m any of th e classes, of th e E nglish liberty-loving people, led by th e ir own greatest statesm an, W .

E .

Gladstone, are becoming alive to the w rongs of Irelan d — th e blackest blot upon great E ngland’s name fame— and w h at they tak e in hand is certain of speedy accomplish­ n d a m ent.

P ray in g God th is m ay be so, I am, dear sir, yours very tru ly , J. W .

F it z g e r a l d .


E U G E N E O 'K E E F E , Brewer and Banker o f the City o f Toronto.

Toronto.

(57.)

D ear S i r —I am in receipt of y our favour of the 26 th u lt., and hasten to °ive vou my views on the treatm en t to w hich the Irish political pn- soners have been subjected.
I -can find no words adequate to express my contem pt for th e Castle authorities, headed by the notorious Balfour* H ow such trea tm e n t can be subm itted to by th e Irish race is something bevond m y comprehension, and is proof positive of the power exercised over th e people by constitutional leaders.

The conduct of th e authorities, acting under th e present Governm ent, is simply infamous, and would not be tolerated in any other country on earth.
^ ^ H ow th e Tory Governm ent of E ngland can nave become so m tatuateu in its blind a ttem p t to keep Irelan d in thraldom is also a m atter of wonder I would w ish to say m uch more upon th e subject, h u t from w hat I have said you can readily imagine how strongly I feel th e barbarous treatm ent m eted out to th a t noble patriot, W illiam O’Brien, and the others who have suffered unheard-of treatm en t a t th e hands of B alfour & Co.
In reference to Parnell, I believe Providence has raised up an E m an­ cipator a t th is p articular time, to relieve th e Irish people from th e ir more th an E gyptian bondage.— I am, yours tru ly , E ugene O’K ee fe.

(58.)

M r. L E E ', senior partner o f the extensive fir m o f W illiam A .

Lee êç Son, General A gents, R eal E state, Insurance, and Loan Brokers, Valuators, and A rbitrators, Toronto.
Toronto P e a l E state, Insurance, and F inancial Agency, W estern F ire and M arine Insurance Company, 10 Adelaide S treet, E ast, Toronto.

D ear S ir— Y our esteemed communication to hand.

I n reply I would beg to state briefly my hum ble opinion of u The T reatm ent of Political Prisoners ” as practised in Irela n d to-day.

T he treatm en t m eted out to these people is iniquitous, cruel, and u n ju st.
I t is iniquitous, because it is beyond th e bounds of all common decency in th is civilized age ; cruel, because I m ay say, th a t never among civilized countries in m odern tim es, has such treatm en t been imposed on political prisoners ; and unjust, because th e rules w hich are called law s, and w hich are said to have been broken, are made by a sister nation whose represen­ tativ es care nothing for Ireland, are indifferent to h e r w ants, and foreign to h e r interests, except in so far as th e revenue derived therefrom is con­ cerned.
A ny law w hich trea ts a m an, who, in a constitutional m anner, dares stand up for his cou n try’s w elfare, th e same as one g u ilty of a felony or any other g reat crime, although u nder th e title of law , does not deserve th a t name, though regarded as such by its fram ers, and should n o t be regarded as such by any class, creed or com m unity, or even respected by them , and so should be sw ept from th e S tatu te Book.
W hy, sir, th e trea tm e n t of political prisoners in th e N eapolitan dungeons, u nder th e ty rannical rule of K ing Ferdinand, can hardly be compared to th e treatm en t of like prisoners in Irela n d under th e reaimé of M r. Balfour.

If, as each and every one of us know , th e treatm en t accorded to prisoners in th e E m erald Isle w ere attem p ted on any portion of th e people in Canada by any political p a rty differing from them ii?
politics, th e people w ould rise up en masse and dem and such governm ent’s resignation.

W h at a cry was raised about th e treatm en t of th e S outhern slave, who, a t least, was sure of tw o th in g s— (1) A good bed to sleep on, and (2) p lenty of good food— by m any people in G reat B ritain of th e same shade of politics as those now holding th e reins of governm ent th ere!

T hank heaven, we in Canada m ake a n d ’adm inister our own laws.

Alas !
Alas !

poor Ireland, happy would you be could you make your own law s, and not be doomed to keep, as you have been for the last tw o hundred years, I m ay say, those made for you by strangers.
41 E u t, Sir, w ith th a t G rand Old Man, M r. Gladstone, at the helm, and ably seconded by M r. P arnell, and a very large body of the people of E ngland, Ireland, Scotland, and W ales, th e day is not far distant when th e sun w ill rise on a P arliam ent in Irelan d in w hich those self-same political prisoners, now undergoing such h arsh and cruel treatm ent, led on by th a t w hole-souled and generous-hearted patriot, M r. W illiam O’B rien, w ill be endowed w ith th e choicest gifts at th e ir country’s hands.
—I rem ain, Sir, y our obedient servant, Wm.

A. L ee.

(59.)

Very Rev.

Dean 0 ) C O X X O R , an influential Catholic Priest.

Chesterville, Ontario.
M y dear S ir — K now ing my sentim ents on the Hom e B uie question as you do, it is not necessary th a t I should use m any words to convince you of m y entire sym pathy w ith M r. P arn ell and his faithful followers, all th ro u g h th e ir recent tria l, and my h eartfelt thankfulness to God for the very complete vindication before th e w orld at large of th eir motives and aspirations, all th ro u g h th e ir course from start to finish ; and now I firmly believe th a t th e hour of th e ir and Ire la n d ’s victory is nigh, and may God g ran t it.
Amen.

W ith respectful souvenirs to your deservedly honoured chief, I am alw ays— Y ours in Jesus Christ, Y e ry B ey.

D ean O’C onnor.

(60.)

Rev.

JV.

F L A X X E R Y .\ Associate E ditor o f the London, Ontario, Catholic Record.

D ear Sir — In reply to your esteemed communication, I shall en­ deavour to state as briefly as I can m y opinion on the question proposed, ■v iz., th e propriety, or iniq u ity rather, of classing political prisoners with ordinary criminals.

M any years ago M r. W .

E .


Gladstone paid a visit to Naples, and w hile in th a t city obtained perm ission to interview the prisoners, who, for political offences, w ere held in durance vile b y K in g Ferdinand, or, its he was th en styled, K ing Bomba.
Mr. G ladstone’s realistic and vivid description of the horrors of N eapolitan dungeons, in w hich patriots were equally classed and punished w ith th e most abandoned criminals, pro­ duced a sensation in all the courts and legislative assemblies of Europe.

S trange to tell, every country in E urope, except England, and perhaps* R ussia, profited by the lessons of hum anity and discrim ination conve) c( I n all these countries political prisoners, no in Mr. G ladstone’s ex/posê.
g u ilty of participation in felonious acts, have, since th a t tim e, b een!

123 differently classed and differently trea te d from ordinary prisoners.

I n France especially, to m y own knowledge, political prisoners have w ell- furnished rooms, w here in th e ir ordinary apparel, th ey may enjoy th e ir books, w ritin g m aterials, and, if th ey desire and can afford it, th e ir w ine a t dinner and th e ir cigars afterw ards.
E ngland m ay boast ot h er advanced civilization and h e r progressive4 ideas, b u t w hile she treats as vile and degraded crim inals, th e "bravest hearts and th e men who, though im prudent in speech and a c t , are tru e knights of honour sans reproche et sans p eur, she m ust be held t o account as y et tain ted A v i t h barbarism, and not far rem oved from th e m ediæval ages of th e rack and the gibbet.

I n Canada, th a n k God, we have no political prisoners.
E n jo y in g th e pow er to m ake law s suitable to th e country we live in, and in accord­ ance w ith th e genius, th e mode of life, and aspirations of our people, we are saved from even th e possibility of internecine w arfare.
I t sounds very m uch like th e echo of feudal tim es, and of th e p o rt­ cullis and draw bridge, and of London T ow er and th e stocks, w hen we hear and read of true, honest, and otherw ise irreproachable patriots bein ^ stripped of th e ir clothes, clipped of th eir beard, and forced into th e felon’s garb by th e rough hands of b ru tal gaolers.

W hen.
W hen.

Irela n d enjoys w h at Canada has been prospering on, for th e last fifty y ears—th e lu x u ry of enacting h e r own law s, or Hom e R ule__ there shall be no longer in th a t unhappy, because ill-governed, country any use or reason for th e felon’s garb or th e p lan k bed.— I am, yours sincerely, W .

F l a n n e r y , P .P ., St. Thomas, O nt., Canada.

(61.)

The Vdr/j Iiev.

Canon O' D O X X J lL L , P .P ., S t. Denis’s, Diocese o f S t. H yacinth, Province o f Quebec.

St. Louis.
St. Louis.

D ea r S i r , Y our le tte r came here w hile I was from home.

L ord Salisbury’s atrocious conduct tow ards m en whose constitutions he m ay break, b u t whose spirit he can never bend, has aroused th e anger of lovers of peace and ju stice all over th e world.
W hen th e m ajority of th e civj ^ ZC(l world is of one opinion, th a t m ajority m ust certainly be in th e A judge u nfaithful to his office is a great crim inal in th e sight of God and m an : he saps th e very foundation of society, crushes or darkens the n a tu ra l instinct of w h at is ju s t and honest : he provokes blasphem y against a sacred mission prostituted to injustice and dishonour.
W hen th a t ju d g e is sent like a scorpion scourge to destroy, root and branch, a nation’s life, th en th e crime is deeper and darker, for th e foul destroyer acts under a power, ordained to protect th e lives and liberties of its subjects.
F o r if it is tru e th a t nations, as such, having only a tem poral existence, receive here below th eir rew ard or punishm ent, th e tim e m ust come w hen a ju s t retribution w ill be aw arded to th e g u ilty Governm ent, so m aliciously in ­ te n t on stifling not only Irela n d ’s b u t th e w orld’s cry for justice.
T he 1 2 4 h and of God w ill he heavy on th is double-faced hypocrisy, acting under th e cover of m is-nam ed law, to goad into despair th e m ost law -abiding people on the face of the earth.

‘ (A deceitful balance is an abomination before the Lord,” be it th a t of an individual or of the responsible m inisters of God’s pow er th u s degraded.

T he strong arm of tli?

law should w ipe out crim e, and not m anufacture it by special enactm ents.
A uthority is from God, and the civil pow er is H is m inister.
E u t w hen the “ scales of justice ” respond to th e unequal pressure of an iniquitous m inistry ; when an act is punished as crim inal in one p a rt of the kingdom, and condoned as innocent in an o th er; w hen honest men, learned and peaceful, using th e rig h ts guaranteed by the constitution of th e ir country, and prosecuted as felons, burglars, or incendiaries, are p u t on a level in the prison cell w ith th e w orst m alefactors, because they try constitutionally to protect from th e m ost cruel expatriation and ruin, th e ir families, th e ir homes, th eir lives ; th e voice of th e w orld is raised, and a cry of horror is heard from pole to pole, against such a ty rannical abuse of power.
E u t, w ith God’s help, m igh t w ill not for ever overrule rig h t. If th e State betrays its mission by enacting u n ju st laws, contrary to th e w elfare of the com m unity, in order to uphold a social disorder, causing th e domestic and public ru in of the people, these enactm ents can­ not bind th e conscience, and it is a d u ty to tram ple on them .

They m ust be m et w ith resistance, passive or active, according to th eir object.

Tlicv are not binding, and deserve no obedience.


I f the law partakes more of th e n a tu re of a police regulation, and at the same tim e is opposed to ■justice and constitutional rights, how can the E xecutive p u t on the same footing th e public crim inal and th e m an whose conscience is w ith ou t I n such a case the political prisoner, though condemned to a a stain ?

convict’s cell, is as free of g u ilt—as stainless— as the sun’s rays passing th ro u g h a foul m edium .
H is conduct is not reproved, nay, it is sup­ ported by the best, th e safest, m ost interested, and most responsible guides of order and v irtu e in th e country.

The bishops and priests of Ire la n d w ould ra th e r see the homes of th e ir flocks laid desolate, the lands waste, th an w itness the blot of a single sin on the soul of the poorest of th e ir unhappy children.
Even supposing the Coercion A d- had all the conditions o f ju s t law embodied in it, enacted fo r the benefit o f the community at large, should not a distinction be made between the treatment o f the common felon and, i f you please, the misguided patriot ?

B u t patriotism , especially for E n gland’s sentim ental policy, is a v irtu e everyw here, except in Ireland.
“ U nprized a re h er sons till th e y learn to b e tra y .” The patriot, shielded under the rights of a citizen, has in view the w el­ fare of his country ; and if by accident he is obliged to be in seeming op­ position to th e law, it is because a superior one tells him th a t— “ / ox populi suprema lex.” The civilized w orld has given its verdict against such indiscrim inate treatm en t. A cry of shame has gone forth from one end of th e earth to the other, w herever there is an E nglishm an to be found, stigm atising the atrocious barb arity of the Salisbury Government.
They have lost the good-will of every lover of lib erty and justice.

Through th eir own i n ­ 12.5 sane policy fall.

th ey are, Gocl be praised, hastening th e ir own down- 4i Quos vult perdere, Deus p r lus dementat.

I t was said form erly th a t th e blood of the m artyrs was th e seed of C hristians.

L et us hope th a t th e Irish political convict’s cell w ill be th e road to freedom, peace, and pros­ p e rity for unhappy Ireland.
W ith m y most fervent prayers for th e same, believe me, sinccrcly, your obedient servant, A.

C a n o n O ’D o n n e l l , P .P .

( 02.)

The lio n .

E D W A R D I L U R P IIY , recently elected Senator to the Dominion Parliam ent, commonly known as “ The Canadian Father o f Home R u le ” an extensive business man in Montreal.

M ontreal.
M ontreal.

D ear S i r —I understand from your le tte r th a t you desire an expression th e trea tm e n t of political of opinion from Irishm en generally upon prisoners in Ireland.
I n reply, I beg to say th a t th e trea tm e n t m eted out by th e present Coercion G overnm ent in Irela n d to th e political prisoners in th a t afflicted country is, in m y hum ble opinion, atrocious, and w ould be a disgrace even in a sem i-civilized country, and is more so in one th a t boasts of th a t m uch vaunted expression, “ B ritish L iberty.” E ngland has sym pathized w ith and given shelter to K ossuth, and to refugees from every revolutionary centre in Europe since 1848, and has m orally and m aterially assisted G aribaldi in revolutionizing Ita ly , and dethroning th e H oly F ather.
U nder th e present Coercion Act, th e im prisonm ent of venerated priests, members of Parliam ent, and other prom inent Irishm en, and th eir exceptionally hard and degrading treatment as felons for offences unknow n to th e common law, is infamous, and calls for condem nation from all lovers of justice and hu m an ity .— I am, dear sir, yours tru ly , E d w a r d M u r p il y .

Rev.

J .

F. M B R I D E , S t. MichaeVs College, Toronto.

(63).

St. Jo h n ’s Grove, Toronto.


M y D ear S ir— I jo in w ith h e a r t an d soul in th e protest ag ain st the p re se n t ad m in istratio n of governm ent in Ire la n d .

Self-governm ent is no crime, and th e y who seek a law ful end by legitim ate means are no crim inals.
The treatm en t th e Irish patriots have m et w ith, argues of prejudice against Irish rights, on th e p a rt of th e present E nglish Government, so intense as to blind them to th e inevitable defeat w hich m ust atten d such a law less use of law .

“ T heir feet are sw ift to shed blood, sorrow and w retchedness are in th e ir p a th .” — F a ith fu lly yours, J. F .

M ‘B r i d e .

A FEW OPINIONS FROM FRANCE TH E TR EA TM EN T OF POLITICAL PRISONERS IN FRANCE.
L E T T E R S P E O i l R E P R E S E N T A T I V E M E X.

C ount A lb ert De M un, th e lead er of th e C atholic P a rty in Prance.

M onsieur Leveille, P ro fesso r of th e École de D roit, M em ber of th e p re se n t Com mission de la Revision de la Code Pénale.

M. P a u l De Cassagnac.

M. L. N em o u rs Godré, R e d a c te u r P a ris Universe.

M .

A. H o rtea u , R e d ac te u r-e n -Chef Journal des Débats.

M. D abbudie de E a rra u , th e fam ous w riter, scientest, etc., etc.
(64) The Count A L B E R T D E J fU lf , the B ayard o f tie Catholic Church in France, and one o f the fir s t orators in the French Chamber o f Deputies.

Chambre des D eputes, 38 R u e Francois 1er.

M o n s ie u r — Un voyage de quelques jours m ’a empêché de repondre Je vous prie plus tô t à la lettre, que vous avez bien voulu m ’écrire.

d ’excuser ce reta rd involontaire.


Je ne saurais d’ailleurs sur la question (lue vous me posez vous indiquer, avec toute la precision que vous desires, les principes de la legislation Française.

Les crimes et les délits d’ordre politique ont donné lieu en effet, dans notre pays troublé par de si fré­ quentés revolutions, aux pénalités les plus diverses, suivant le plus ou moins grand degré d’ardeur des passions, qui dom inent les esprits.
E t se n ’est pas au moment, où le G ouvernem ent de la France vient d’in stitu er une juridiction d’ordre exceptionnel pour ju g e r des adversaires politiques et leur infliger, le cas échéant, le traitem ent le plus severe, que je pourrais invoquer l ’exemple de mon pays en faveur de la justice et de la modera­ tion.
Tout se que je puis dire c’est qu’en tem ps normal, les délits politi­ ques ne pouvaient guere s’accomplir, que p a rla voie des journaux, des écrits ou des reunions illégales, la pénalité qui les frappe ne dopasse pas 1 amende ou la prison, e t il est assurém ent sans exemple que des écrivains ou des hommes politiques, condamnés en pareil cas, aient été soumis au régime des crim inels ordinaires- Vous comprendrez certainm ent que je borne ma response a ces indica- 1 2 7 tions generates, ne connaissant pas assez le détail des faits auxquels votre le ttre se rapporte, pour exprim er a lour propos, un jugem ent formel.
E n theorie, je crois que les m esures violentes quelquefois nécessaires quand la société est en peril, sont, pour un gouvernem ent une m alheur­ euse extrem ité, et q u’en to u t cas, elles dem eurent steriles, si elles ne sont accompagnées de reformes salutaires, de n ature a calm er l’esprit par de ligi- tim es satisfactions.

V euillez agreer, monsieur, l’assurance de mes sentim ens les plus dis­ tingués.

M onsieur E D w yer Gray.

A .

D e M un.


% The follow ing is a translation of th e above le tte r .— Cham bre des D éputés, Paris, 1S89.

S ir— A journey, w hich occupied some days, has prevented me from sooner replying to the letter, you were kind enough to w rite to me.

I beg you w ill excuse th is involuntary delay.

I cannot w ell, however, state w ith all th e definiteness you desire, th e principles of F ren ch legislation w ith reference to the question yuu m ention.
Crimes and offences of a political n atu re have, in fact, in our country, disturbed by so m any revo­ lutions, given occasion for the m ost varying penalties, according to th e greater or less w arm th of passion controlling th e public m ind.
A nd it is not a t th is moment, w hen the G overnm ent of F rance has in stitu ted an e x ­ ceptional trib u n a l to judge political adversaries, and to inflict on them , if condemned, th e severest treatm ent, th a t I could invoke th e exam ple of m v country, in favour of justice and m oderation.
A ll th a t I can say is th at, in a norm al condition, political offences— w hich cannot well otherwise be com m itted th a n bv means of newspapers, w ritings, or illegal assem blies—are not stricken by any punishm ent e x ­ ceeding fine or detention.

M ost certainly it is unexam pled, th a t w riters or political persons, condemned for such a cause, should be subjected to th e prison tre a tm e n t of common crim inals.
Y ou w ill undoubtedly understand th a t I lim it m y reply to these gene­ ral statem ents, as I am not sufficiently acquainted w ith th e details of th e acts to w hich your le tte r relates to express a form al j udgm ent on them .
iheoretically, I believe th a t violent m easures, sometimes necessary w hen society is in danger, are an unhappy and extrem e resource for a Go­ vernm ent, and th a t in all cases th ey are doomed to sterility, if th ey be not accompanied by salutary reforms, of such a natu re, as to conciliate publie opinion by legitim ate and satisfactory concessions.

P ray accept, sir, th e assurance of ray most distinguished sentim ents.

Mr. E. D w yer Gray.

A. de M us.


1 2 8 (65) Monsieur Le Professeur I E V F I L I E , Professor o f the Faculty o f L aw , École de Droit, the great State School o f France; Member o f Commission, appointed at close o f 2nd Siege, corresponding to our Royal Commissions, inquire into condition o f Communard convicts transported to New Cale­ donia ; now member o f the Commission de la Revision de la Code Pénale.

(From a representative of The Freeman's Journal).

P aris, Monday.
P aris, Monday.

Y esterd ay I h ad an interview , on th e subject of the treatm ent of poli­ tic a l prisoners in F rance, w ith a gentlem an whose nam e w ill be at once recognized as th a t of an em inent au th o rity on the subject This is M onsieur Lévcillé, Professor of the Ecole de Droit, or F acu lty of Law, of P aris, whose distinguished reputation has caused him to be selected as a m em ber of th e im portant N ational Commission for th e Revision of th e P enal Code of France.
N o more au thoritativ e opinion th an his on th e subject of th e treatm en t here of political prisoners could be desired.

W e m et a t th e Ecole de D roit by appointm ent.

A fter alluding to th e w ay Irish political prisoners are trea te d by England, I asked w hat was the law w ith reference to political prisoners in France.
M. L éveilíé— “ In cases of transportation and long imprisonm ents, w hich v ary from five to tw e n ty years [and corresponds w ith the penal servitude of G reat B rita in ], th e F rench law m akes a distinction betw een political and ordinary offenders.

Political prisoners are not obliged to work or to w ear the prison dress, and th ey are entirely separated I n cases of short im prisonm ent, varying from from th e ordinary crim inals.
six days to five years, th e te x t of the law is not explicit, 'but the trad i­ tio n and custom of the adm inistration has alw ays been, to tre a t political prisoners w ith m uch leniency.

T hey w ear th e ir own dress, receive visits from th eir friends, and need never m ix w ith the other prisoners.
The only exception to th is rule was the treatm en t of the Communards by M onsieur Goiillard] (of the T h ier’s Cabinet, in 1871) but public opinion in France is alw ays on the side of a great distinction in favour of political prisoners.
U n d e r Louis Philippe, political prisoners, such as Cavaignac, -R a sp ail, T rellat, &c., were allowed to i cave the prison during the day, and go about the town on parole ; so th a t it often happened when th eir friends went to see them th a t th e reply of the prison concierge, or door-keeper, was ‘ Ces messieurs sont s o r t i s (These gentlem en are not at home.)

“ "YVhat is th e custom of the adm inistration at the present tim e as to th e treatm en t of political pnoners ?
” M Lé v e illé —“ T hey are treated w ith much consideration.

M onsieur Constans, a short tim e ago in the 1 egislature, replying to a question from a m em ber in reference to this subject, said th a t the liberality of the prison adm inistration in th is m atter had gone so far, th at the num ber of visitors on the list of o i k * of the prisons am ounted to over 80, which rendered the- task of prison concierge (or door-keeper) no light one.
One of these lists included the name of a danseuse of the opera, and also, it m ust be added for propriety’s sak , th a t of lier a u n t.” 1 2 9 u I have heard th a t th e O pportunists wish to m ake th e prison law s more severe ?” M. L éveillé— “ I t having been decided by th e Commission Supérieure des Prisons th a t th e rules for th e treatm en t of political prisoners should be considered, about a fortnight ago th is question came up on th e agenda paper.
The head of the P enitentiary A dm inistration, M. H erb ette (who is a m an of rules), delighted a t th e chance of m aking a new rule, proposed to tak e up th is w ork, b u t the Commission Supérieure des Prisons decided against any new regulation, leaving, as form erly, in th e hands of the adm inistration th e pow er of continuing th e ir liberal traditions, and also of checking any abuses of th e same w hich m ight arise.” “ W h at is your personal opinion on th e subject ?” M. L éveillé— I am in favour of one form of im prisonm ent, i.e., to make th e rules for long and short term s of im prisonm ent th e same, only differing in len g th according to th e crime.
I w ould separate entirely, and m ake a distinction, betw een w hat I call crimes which dishonour, and those w hich do not.

I n the class of lIIonesta Custodial I w ould include, besides political prisoners, duellists, and in some cases, those accused of Press offences, even when unconnected w ith politics, &c. I am on th e Commission de la Revision de la Code Penale.
I t is proposed th a t all prisoners should have to work, b u t th a t those undergoing w hat I call honorable im prisonm ent should continue to do their own work, whatever that might be.

F o r instance, a poet w ould w rite verses, and as he could alw ays say th e inspiration had not come, it w ould be m erely a form ; and in m ost cases th e pow er of continuing th e ir own w ork w ould be appreciated by th e prisoners.” (66) Monsieur L .
N E M O U R S G O B R E ', Ireland'1 s best frie n d in France, Rédacteur o f the P aris “ Universe,” the leading Catholic organ in France.

P aris, Ju ille t, 1889.

Sir , — I ra th e r fear th a t my opinion w ould not add m uch w eight to th e imposing array of civilized opinions you have p u t in line against th e “ T reatm ent of Political Prisoners ” in your A nglo-Irish prisons.
I t is no t easy, moreover, to w rite upon such a subject w ith o u t going into particulars, and th a t w ould be decidedly too long.

B u t since you ask m y views, I m ay be pardoned for w ritin g down a few observations.

To begin w ith, it is easy to prove th a t th e E nglish them selves show us th a t there is some difference betw een a political “ crim inal ” and a common one.
T hey have welcomed and honoured G aribaldi, M azzini, and the genus omne of revolutionary Ita lia n s who stood condemned by law s and constitutions otherw ise sacred and ju s t (to say th e least of it), th an th e B ritish constitution and law s as applied to Ireland.

Are th ey not for th e tim e being toasting and otherw ise en tertain in g General Boulanger, who, were he in France, would be indeed very severely dealt w ith by our O pportunist legislators ?
B u t we h ear of an objection— we are told th a t G eneral B oulanger has violated no m oral law ; th a t he was, in a country of universal suffrage, striving to obtain as m any votes as possible, so as to th ro w from pow er a 1 3 0 p a rty w hich pretends to monopolize F rench “ aspirations,” and th a t to h g h t him to advantage th e O pportunists have been compelled to resort to E u t such exceptional legislation, and exceptional tribunals.

Quite so.
Quite so.

is precisely th e case of Irishm en whom B ritish m inisters are tracking thro u g h a new Coercion law added to the old stock of Coercion measures I t is and a body of special m agistrates.

T here is, however, a difference.


th a t th e brave general, who has been so earnestly tak en to by the popular favour, leads us possibly to a leap in the dark, w hile the Irish P arty, with th e nation a t th e ir back, are going all for a w ell-know n policy, and claim ing righ ts, liberties, and traditions they have been robbed of.
B u t now— and it w ill be the end of m y argum ent— were General B oulanger caught and arraigned before th e H ig h C ourt of th e Senate, he wrould be perhaps condemned and banished, b u t th ey should not dare tre a t him to th e indignities w hich A nglo-Irish jailors daily inflict upon your m ost honourable deputies.
A P arliam en tary Governm ent leads necessarily to th e form ation of opposing parties in th e State, and the political arena would soon become a scene of savage w ar w ere the dom inating p arty entitled to condemn their oponents to th e felon’s cell or the convict’s dishonouring labours.

You have p re tty well told how these things are m anaged here.
There is now in prison a t L a Pelagic a perfectly honourable man, m y publisher and friend, M. Savine, who was lately condemned to be imprisoned for three m onths by th e B ordeaux Assizes for having prin ted the now famous book of th e D eputy G illy— “ Mes Dossiers lie was quite ungenerously loaded before th e court by M. G illy w ith th e onus probandi for the facts given in th e book on th e word of th e w riter.
B ut though aw are of public accusations against some members of th e O pportunist party, he was quite I le was, of course, condemned unable to supply th e proofs by himself.

according to our law of libel, but he is not treated as a common criminal.

He receives his meals from outside.

I have only to write a word to the manager of the prison to be granted an interview with the prisoner.

H e is punished, b u t not in a w ay w hich could be considered as a vengeance by his pursuers.
It A nd th is is, unfortun ately , th e very aspect of the law in Ireland.

looks too often as if designed, not to protect public rights and order, but to avenge the rancorous feelings of political adversaries.
To th e foreign observer your case against England, as briefly stated as ' possible, stands thus :— The Irish nation, backed by her clergy, her leaders, h e r most representative elements, claims rights and liberties w hich, to use the very words of John B rig h t himself, she has been “ .fraudu len tly ” deprived of.
The E nglish Parliam entary m ajority say th e y cannot assent to th at, and to m aintain th e ir point make coercive laws and appoint spécial tribunals, which, under the false pretence of protecting Irelan d against crime, are labouring only on behalf of a “ fraudulent ” paper Union.

H ow could honourable Irishm en, tru e to th eir country, to th eir fellow- citizens, feel them selves bound to obey such law s and such tribunals ?
T hey m ay be m isguided, th ey m ay go too far, b u t th ey are acting under a legitim ate and strong sense of the wrongs done to th eir dear and noble country.

T hey rem ain w h at they are, honourable m en; and a shock is loi given to th e civilized opinion of m ankind w hen we hear of such men thousand being treated as common crim inals, and subjected indignities.
to a -For, I dare say so, in this en tirely too long struggle gone th rough by noble Ireland, th e sym pathies of th e civilized w orld go all, or almost all w ith Ireland.

I t is easy for the correspondents of th e London P ress abroad to m isrepresent foreign sym pathy for Irela n d as th e issue of unm ixed hatred against England.

1 hear too m uch of th is tune.

F o r ipv own p a rt I feel tolerably sure th a t I bear no ill-w ill on th is earth to any nation as such.
I t w ould be anti-Catholic, and quite absurd, too.

B u t even a foreign observer m ight be excused for giving expression to feelings w hich were never more eloquently expressed th a n by Cardinal M anning and M r. Gladstone.

Of these em inent and representative E n g lish ­ men, to be sure, th e first was saying lately to some Irish m em bers_“ I t is happy for me th a t I was not born an Irishm an.
I w ould have been hanged m any years ago ; ” and th e second has solemnly acknowledged th a t th e b ulk of th e civilized opinion abroad was, and has alw ays been, on th e side of Ireland against England.

I t w ould be impossible, I believe, to find b e tter w itnesses to prove th a t th e indignities inflicted upon your “ political prisoners ” are an in ­ tolerable chapter added to th e long record of E nglish m isrule in Ire la n d .— I remain, sir, yours tru ly , L. N e m o u r s G o d r e .
(67,) Monsieur I*A L L D E C A S S A GNAC, Member of the French Chamber of Deputies, one of the most eminent of the latter day politicians of France, and the most brilliant writer on ‘‘ I l Autorité,” the leading Bonapartist and Conservative organ of France.

C ham bre des D ép u tés.

M o n s ie u r Je tro u v e qu e le tra ite m e n t a p p l i q u é a u x condam nés p o litiq u es en Irla n d e e st ab so lu m en t ignoble.
Chez nous, dans a m om ent, ou v e u t aussi so u m e ttre les condam ceés politiques a des vexations, sans p reced en t. Ou q u elles se p ro d u isen t ces faço n s d ’a g i r m e r i t e n t d ’e t r e flé tries.

Veuillez agréer, m onsieur, l’expression d e m a c o n s i d e r a t i o n la p l u s d istingueé.

M onsieur E .

D w yer G ray.

C assag xa c. T he follow ing is a tra n sla tio n of th e above :— Chamber of Deputies, Paris.
^ IR I consider th e tre a tm e n t to w hich political p riso n ers are subjected in Irela n d positively infam ous.

H ere a t th is m om ent, an a tte m p t is b e in g m ade to sub ject political prisoners to v exations w hich a re w ith o u t precedent.

132 W h en ev er such a course is ad o p te d it deserves to be stig m a tiz ed .— A ccept, sir, th e ex p ressio n of m y m ost d istin g u ish ed consideration.

M r. E .

D w yer G ray.

Cassagnac.

(68) Monsieur A .


M O R T E A U, editor o f the “ Journal des Débats The following is a translation o f a letter received fro m Monsieur Horteau, Redacteur en Chef o f the “ Journal des Debats ” :— Journal des Debats, 17 Rue des Prêtres, S t. Germ ain-l’A uxerr ois.

S i r — I have the honour to reply to the letter, w ith w hich you honoured me, requesting inform ation as to th e trea tm e n t to which political prisoners are subjected in F ren ch prisons.
The F ren ch P enal Code orders for political crim es penalties, w hich differ from those under th e ordinary law.

These political penalties a~e transference to a fortified place, simple transportation, detention, and civil degradation (i.e., loss of civil rights).

R u t in the m inor m atter of simple correctional regulations, th e penalty of im prisonm ent is common to political and ordinary offences.
The w ritten law establishes no difference betw een th e m anner of the imprisonment, w h e th er ordered for one or other of these kinds of offences.

As a m atte r of fact, how ever, persons condemned to im prisonm ent for press offences, and for political offences, are placed under a m ilder tre a t­ m ent th a n th a t to w hich other prisoners are subjected.

T hey are, generally speaking, treated sim ply as un tried prisoners are.
R u t this difference of trea tm e n t betw een political and ordinary prisoners is deter­ m ined only by custom, by rules of th e adm inistration, by m inisterial orders, and not by th e w ritten law.

R ecently protests w ere made by persons condemned for press offences, who complained th a t certain favours w ere w ithdraw n, w hich had usually been granted to those of th is category detained in prison.

These protests - w ere brought before the Cham ber of D eputies, w hich took no action.
* The Conseil Supérieur des Prisons, in its tu rn , took the m atter into I t has decided to change nothing in the actual condition consideration.

of things.

You w ill find h erew ith tw o extracts from journals containing sum­ m arised reports of th e deliberations of the Conseil Supérieur des Prisons on th e sub ject.— P ray accept, sir, expression of m y most distinguished consideration, A. H o r t e a u .

* Reference was made to this subject in the interview w ith Professor Leveille.
I t was shown th a t one gentleman had eighty visitors on his list, including an opera dancer and her aun t. Of course some rearrangem ent was required, even for the sake of the over-worked janitor.

A t Richmond, O’Connell and his friends issued a card declining to receive visitors except a t certain days and hours.
133 T he follow ing is a tra n s la tio n of th e sum m arized rep o rts of th e deliberations of th e Conseil Supérieur -which b e ar u p o n th e qu estio n a t issue : T he Conseil Vi as req u e ste d to consider th e q uestio ns previously- su b m itte d to it, w hich concern th e p riso n tre a tm e n t applicable to persons condem ned fo r P re ss offences, fo r political acts, or fo r acts connected w ith politics.
T he g en eral reg u latio n , p ro m u lg a te d b y th e Conseil a t th e en d of 1885, has, in fac t, laid dow n th e p rin cip le ru les w hich guided th e (prison) a d m in istratio n in fixing, according to m in is­ te ria l direction, th e special tre a tm e n t applicable in all th e d e p a rtm e n ts ex ce p t th a t of th e Seine (P a ris).
G en erally sp eak in g , th e tre a tm e n t is th e sam e as th a t accorded to th o se d etain ed in prison, w ho are re­ p u te d in n o cen t u n til th e day th e y a re fo u n d g u ilty .
_ I n P a n s th e only e x is tin g ru le is th a t of 1867, in s titu te d fo r p o litical p riso n ers condem ned to less th a n a y e a r an d a day of im p riso n m en t; a n d confined m St. Pelatrie B y th e te rm s of th is ru le, w hich is m co n fo rm ity w ith all th e existin g general reg u latio n s, v isits should be received in a special p a rlo u r, an d all correspondence, books, p am p h lets, jo u rn a ls, or w ritin g s a re su b ject to a p relim in ary visa (or en d o rsem en t), e ith e r on e n try o r ex it, w ith pow er of d eten tio n .
As a m a tte r of fac t, how ever, by ex te n sio n of ex cep tio n al perm is- sions, ^ ra n te d , fo r in stan ce, on a cco u n t of h e a lth , v isits h av e been received in p riv a te room s a n d cells, w h ich e lim in a te d a n y real pow er of visa over correspondence w ith th e e x te rio r. T h e Conseil Supérieur w as re q u e ste d to ex am ine m w h a t w ay, u n d e r w h at conditions, a n d to w h a t persons a n e w reg u la tio n — th e sam e fo r th e w hole of F r a n c e — shou ld or should n o t allow th e g ra n t of th is exceptional fav o u r— nam ely, of v isits a n d com m unications in th e p riv a te room of priso ners an d b eyond th e c o n tro l of supervision.
I n th e m ean tim e, p e n d in g th is, a sta te of to le ra tio n h a d been m a in tain ed w ith o u t distinction, w h e n re c e n t in cid en ts (an d p a rtic u la rly th e p u blication of in su ltin g draw ings, w h ich m ig h t of itself ^ n s t i t u an offence on th e p a rt of a p riso n e r in S t. P e lag ie) caused th e C han­ cellor to ask fo r m easures to revive th e ru les a n d leg al directions, a d m in istratio n th e n no lo n g er fe lt itself a u t h o r i z e d to te m p o ra n ly sanc- tio n th e s ta te of sim ple to leratio n , b efo re th e advice of th e Conseil Supérieur, a n d th e decision of th e gov ern m en t, sh ou ld give perm ission i o r th ese divergences from all th e re g u la tio n s previously form ulated.
B u t co n su ltatio n a n d in v e stig a tio n w ill now p e rm it th e ta k in g ot su ch te m p o ra ry m easures as m ay be pro p er, u n til th e questio n s a definitely decided by g o v ern m en t. A fte r a g en eral discussion, on th e n ecessity of d eterm in in g , first o all, th e categories of those w ho sh o u ld be allow ed to profit b y rig t o special tre a tm e n t, th e su b je ct w as re fe rre d to th e Com m ission of R ules to p rep are a d ra ft w hich m ig h t be su b m itte d to th e G o v ern m en t in o rd e r to c o n stitu te a special re g u la tio n , ap plicable th ro u g h o u t F ia n c e , to p riso n ers condem ned fo r press offences, fo r political acts, or fo r m a tte rs connected w ith politics.
6 134 COMMISSION OF RULES — DECISION.

— elp?

° mr assem bled y e sterd a y m o rn in g to exam ine in to tr e a tm e n t of p o litical p risoners in St. P elagie prison.

t n °f EuIeS °f the ConSeil SuPirior des Prisons th e questio n of th e f reS0nt~ M - ^ oe,ioTh e r- P re sid e n t ; M essrs.

de Y erninae, S enator ; Clem enceau a n d A lfred Laroze, D eputies ; L aferriere, V ice-P resident of th e Council of S ta te ; P .
D reyfus, ex -D ep u ty ; Jacq u in , Councillor of T W V E stab lish m en tsn m m T n • -enî beA V Î th e H ig h C ourt of Cassation ; D um as, s > Herbetfce, D ire c to r of- P e n ite n tia ry ,, ^ f * e r a h u S discussion, th e Com m ission cam e to th e conclusion v 1-6 WaS D0, neoessity fo r issu in g a n ew E u le ; th a t th e reg u latio n # i o l lS b 7 w as p e rfe ctly co m patible w ith th e m o st am ple lib e rality of tre a tm e n t, an d t h a t it w ould suffice to p u b lish a n opinion advising th e a p p lica tio n of th is R u le of 1867 in su ch a m a n n e r as to ensure th e p ra c tic e of lib erality (tolerance), a n d a t th e sam e tim e to m ain tain o-00d o rd e r in th e p riso n .
M .

L a fe rrie re h as been c h a rg e d w ith d ra ftin g th is a u th o rita tiv e opinion.
(69) M % D A B B JIB I D E B A R R A U, a man whose name is known all over the civilized world : Membre de VIn stitu t, P aris ; Membre des Bureau des Longitudes, the world-famed body o f “ savants ; also Honorary Member o f the Italian Academy dei Lucie, and o f the R oyal Academy o f M adrid and (i Membre Correspondent” o f many learned bodies abroad (I am indebted for _ th e follow ing im po rtant interview , to a famous .tre n c h author, who kinclly called upon M. D a d b u d i d e B a r r a u for the purpose of obtaining an expression of opinion from him ).
The renow ned savant is living in th e m idst of th e Faubourg St. G erm aine, in th e old R ue du B ac, w hich was so dear to Madame de S ta e l; b u t he spends some p a rt of the y ear in th e Pyrenees, w here he has a very fine estate.
I found M. D ’A bbudie de B arrau very busily engaged in finishing his correspondence of th e day, in the m idst of an im posing array of learned review s. I was readily welcomed all th e sam e, especially w hen I told him th a t I w as a som ewhat extraordinary ambassador from Ireland, and th a t I was desirous of having some statem ent of his views, about th e trea tm e n t inflicted by B ritish statesm en upon th e ir political adversaries m Ireland.
“ W ell,’ said th e em inent academician, u I am p re tty w ell au courant I know a b it of B ritish rule there.

M y earliest about events in Irelan d. recollections-------” il W h a t !

” I interru pted, “ you have early recollections of Ireland ?

A nd how is th a t ?

” * 1 Certainly, m y dear sir.

I was bom there, and I rem em ber a pecu­ lia rity of the tim e, w hich was proclaim ing aloud one of the greatest sins of E nglish rule.
You know th a t th ey had practically killed N ational 1 3 5 industries in Ireland.

Trades were striving to revive after the ruinous shock of the Union, and good citizens were doing their best to encourage this revival.

So it was à la mode, when going to a funeral, to wear scarfs of fine linen, manufactured at home, by one of the too rare National industries left in the country.” “ Indeed,” I said.

“ I was quite ignorant of the peculiarity.


Now, of course, things area good deal improving, but not so well as they should, were Ireland after a last victory able to cease th at mere struggle for life, and use in her own way her genius and working powers.

But the British statesmen now at the helm do not like the prospect, and so they treat their political adversaries in the to the iron hand of removable police magistrates, and the shame of a convict’s cell.
‘ sister island,’ “ Yes, I know,” said the distinguished traveller, c’est une indignité, c'est une indignité.

I t is an infamy—it is an infamy.” “ Of course, it is,” I said; “ but England in politics does not often sin on the side of generosity” “ Never,” said M. D’Abbudi.

“ Englishmen have great qualities.

I give them credit for that ; but in politics------ ” (and he remained silent and thoughtful, as if recollecting some well-known instances of England’s selfishness).
“ 'Well,” I then resumed, “ their politics are, to say the least, bad politics in Ireland.

The coercionist mania is not only a disgrace to civilization, but a dangerous practice, which can and must leave living resentment behind it.

But let us drop this side of the m atter.

Let us consider it as a question of general politics, or a question of general humanity.

Is it becoming a civilized nation like England to treat her political prisoners as a lot of robbers and infamous persons ?
A few words from a distinterested savant like you would, no doubt, have an excellent effect.

Would you authorize me to transm it them to Ireland ?” “ Most certainly,” he said.

“ You can say, that I do not know of any nation in civilized Europe treating her political prisoners w ith the harsh­ ness and ignominy to which honourable Irishmen are subjected in Irish prisons.

In Erance such things, except in days of Bevolution, would be impossible.
I am ready to sign a public protest if you like it.” “ I t is done so, sir, or almost so.

I will transm it to Ireland your generous words of sympathy for the political prisoners, and of protest against the indignities inflicted upon them.” And, w ith warm thanks, I left the famous w riter to his books and his works.

ENGLISH OPINION.

E n g l is h Opinion upon the subject of the treatment of political prisoners ■was so thoroughly ventilated by the “ National Protest ” that little more remains to be said.
The following Letters, however, will be read with interest :— His Grace the most Rev.

Dr. Bagshawe.

The E arl of Cavan.

Jacob Bright, M.P.

Professor Bryce, M.P.

Samuel Storey, M.P.

(70) H is Grace the M ost Rev.

D r. B R A D 8 1 1 A W E , Bishop* o f Nottingham,.

St. Barnabas’s Cathedral, Nottingham.

Sir—You asked my opinion on the subject of the treatment of politi­ cal prisoners.
I think it is in principle unjust and cruel to treat political prisoners like common criminals, and that it also leads to the subversion of liberty.

I t is true that political offences may sometimes be very great crimes, deserving of heavy punishment ; but it is also true that they may often be no crimes at all, but rather acts of heroic fidelity and patriotism.
I t is still more often the case th at such acts, even if unjustifiable in themselves, are yet justifiable in the consciences of those who do them on some mistaken principles.

I t would be cruel and unjust, then, to ex­ pose what are so often results, in truth, of self-devotion and patriotism, If to the degrading punishments due to acts of despicable, selfish crime.
we add the consideration th a t those who have to judge of, and to punish political offences, are always of the opposite political party, it is unfair and improper that they should in any event be allowed to inflict heavy and degrading punishments, when they are thus judging in their own cause.

Their sentences will certainly be regarded rather as acts of panic, fear, or of cruel revenge, than as the dictates of justice.
Thus the horri­ ble butcheries perpetrated by both parties in the Wars of the Roses, when they respectively got the upper hand, were acts of savage injustice, dis­ graceful for ever to the name of England.

Their results also in bringingabout the Tudor despotism, show how dangerous it is to public liberty when political offences are punished like common crimes.
All who attem pt to resist oppression are at once called criminals, and immediately destroyed or imprisoned, and the people are silenced by a reign of terror.

1 3 7 I condem n, therefore, th e tre a tm e n t of th e ir political prisoners by Judging o f it in the th e G overnm ent in Ire la n d on g e n e ra l prin cip les.

actual facts and circumstances, I think it atrociously wicked.
I t is obviously in te n d ed to cru sh b y savage, despotic sentences, executed w ith b a r­ baro u s cruelty , th e brave a n d noble d efen d ers of th e ju s t rig h ts a n d I liberties, an d of th e h e a rth s an d hom es of th e ir fellow -countrym en.

h a v e no d o u b t a b o u t th e gross in ju stic e a n d b a rb a rity of th e existing law s, w hich enable landlords to e x to rt u n ju s t ra c k re n ts, a n d to con­ fiscate th e p ro p e rty of th e ir te n a n ts in so m an y cases.
I have th e re ­ fore no h e sita tio n in b ran d in g th e ex ecu tio n of th o se law s as a m onstrous crim e. In o rd er to enforce th ese piratical laws th e gover n m en t has b u rd en ed Ire la n d w ith a n a rm y of occu p atio n a n d enorm ous tax e s. T h ey have robbed h e r (in th e ir w ish a n d in te n tio n , fo r ever) of every single sa feg u a rd of lib erty enjoyed in E n g la n d ; th e y have te rro rise d h e r ch ild ren by severe leg al p u n ish m en ts fo r alm ost an y w o rd or a c t in defence of freedom ; a n d th e y h av e tra m p le d on, in su lted , a n d o u tra g e d h er, b y le ttin g loose b r u ta l h o rd es of constables w ith bay o n ets a n d baton s, to shoot an d blud g eo n h e r people, w h ich th e y do w ith o u t fea r of p u n ish m e n t— nay, w ith all th e b e tte r hope of p rom o­ tion.
They try , but try in vain, to hide their misdeeds by every species o f meanness, trickery, and falsehood.

I f I did n o t see, as it w ere, on th e w all th e h a n d -w ritin g of th e ir speedy doom , I sh ou ld tre m b le fo r th e lib e rtie s of E n g la n d .
T h ere is here th e sam e despotic use of th e m a g istrac y a n d of th e police to oppress th e poor ; an d , if only th e T ory p a rty dared, th e feu d a l despot­ ism w hich here, as w ell as in Ire la n d , w eig hs h eav ily u p o n o u r te n a n ts a n d w orkers, w ould be g re a tly a g g ra v a te d a n d im m ovably established.

— I am , sir, y o u r o b ed ien t se rv an t, * E d w a r d , B ishop of N o ttin g h a m .

E .

D w y e r G r a y , E s q .


(7 1 ) T H E E A R L O F C A V A N , M .P.

House of Commons, London.

M y d e a r Sir —I understand from your le tte r th a t you desire an expression of opinion from m yself on th e subject of th e trea tm e n t of political prisoners in Irelan d .

T here is, I th in k , some difficulty existing in th e m inds of m any persons as to w h a t constitutes a political prisoner in Irelan d .

A simple answer, I th in k , m ay be given to th is question.
A political prisoner is one w ho is detained in prison under an A ct of P a rlia ­ m ent w hich’is distinctly disapproved of and constantly protested against by th e w hole of th a t political p a rty w hich for th e tim e being is out of office.

Such a person would, I presum e (no fu rth e r offence being charged against him ), be im m ediately discharged w ere an appeal made to th e country w hich resulted in th e re tu rn to pow er of th e L iberal p arty .

H ow should such a person be trea te d ?


S urely, b y every law of justice and common sense, he should only be subjected to as m uch punishm ent as th e com- 1 3 8 m u m ty a t larg e w ould aw ard him could it spoak its m ind.
This law in a general w ay, is practically recognized in th e trea tm e n t of all crim inals T he m u rderer w ho is condemned to death has his life spared w henever it is realized by th e H om e Secretary th a t th e public generally are to a con­ siderable ex ten t, satisfied th a t th e m urderer had in his favour certain justifications or excuses, w hich th e ju r y a t th e tim e of his tria l could no t or did not tak e cognizance of ; and public opinion in England, in every case w hen it can be definitely obtained, is allowed to affect the sentences passed on oth er crim inals, who have com m itted m inor offences.
W t-at consideration, th en , should be shown to prisoners whose acts and w oids are held to be unw orthy o f any punishmeiit whatever, by th e whole com- m unity, if perform ed or spoken in any p a rt of England, Scotland, W ales, or th e Colonies, and a t least by h alf th e population of these countries if perform ed or spoken m Ire la n d ?— Y ours obediently, C a v a n .

(72) M R .

J A C O B B R IG H T ,\ M .P .

Broome Hall, Holmwood, Surrey.


D ear S ir— N o one can feel more strongly th a n I do w ith respect to th e prison trea tm e n t practised on th e Irish people and th eir representatives I hold th a t the degradation and to r­ by the present Tory Government.

tu re o± m en accused only of political offences, being no longer found in ciM nzed countries, cannot be defended in E ngland w ithout arousing feel­ ings ot shame.
The free expression of opinion on all public questions is th e g reat safeguard of th e people— th e m eans by w hich in the past we have secured, and shall in th e fu tu re confirm, the gradual and safe en- B u t in almost every case w here Irish rep re­ L ugcm ent of our liberties.
sentatives have^ been im prisoned und er th e present Coercion Act, the giound of im prisonm ent, sometimes w ith hard labour, and alw ays w ith sham eful indignities, has been— 1st, for m aking public speeches; 2nd, for listenin g to them ; 3rd, for reporting them .

A speech w hich I can make to m y own constituents would subject an Irish M .P.
to im prisonm ent w ith crim inal treatm en t. T his is an exam ple of the legal equality of th e people of th e three kingdom s prom ised a t the last elections by those w ho now hold power.
There could be no clearer evidence, th a t the Tory p arty is engaged in a senseless and foolish course of conduct, th an is to be found m the fact th a t Irishm en, treated as crim inals in Irish jails, are imme­ diately before and im m ediately after th e ir incarceration received as hon- oui cd guests in th e most honourable Scotch and English homes.

ivlr.

B alfour appears to believe in th e old policy of governing Ireland.
H e is th e last Chief Secretary who w ill be perm itted to direct the old policy.— Sincerely yours, J acob B r i g h t .

1 3 9 (73) The following important letter fro m Professor J .

JBR YCJE, addressed to D r. S I G E R S ON, is published here by special permission, London, J u ly 29th, 1889.
M y d e a r S ir — I have read th e details you give regarding th e recend treatm ent of political prisoners in Ire la n d , as compared w ith th a t follow et in other countries, n o t only w ith interest, b u t w ith re g re t and shame, for I had no t known how m uch th e recent practice of th e G overnm ent in Ireland falls below th a t of other countries, and even below th a t of E n g ­ lish au th o rities six ty years ago.
I t is no t easy to find a satisfactory definition of a political offence ; yet we all feel th e difference betw een an ordinary crim inal an d those whose trea tm e n t you describe.
P e rh ap s we m ay say th a t w henever th e m oral ju d g m en t of th e com m unity a t large does not reg a rd an offence as sordid and degrading, and does not feel th e offence to be one, w hich destroys its respect for th e personal character of th e prisoner, it m ay th e n b e held th a t prison treatm en t o u g h t to be different from th a t aw arded to o rd in ary crim inals.
One reason for th is view is, th a t ordinary prison discipline is incom parably m ore severe and p a in fu l to the persons sen­ tenced for offences of th is n ature than i t is to the ordinary th ie f or fo rg e r. A sentence nom inally th e same is rea lly m uch harsher.

T here is, however, an o th er ground, and a stronger one, for condem n­ in g the methods followed of late years in Irelan d .

T h ey are n o t only c ru e l—th ey are foolish and im politic.
T h ey a ttem p t to fly in th e face o f th e g en eral sentim ent of m ankind, w hich recognize3 the w ide difference betw een crim es which are alw ays crimes, and acts w hich, even if i t is necessary to punish them , m ay be the resu lt of m istaken views of rig h t, a n d m ay hereafter be regarded very differently from th e view in w hich we ju d g e them now.
The tim e never comes w hen th e people venerate th e m em ory o f a th ief or a forger as we venerate the m em ories of S ir Thom as Moore or A lgernon S ydney— political offenders on whom th e last pen alty of th e law was inflicted w ith a more general concurrence of opinion, than exists now as regards the Iris h rebels of 1798, or th e im ­ prisoned Irish leaders of to-day.
E xperience has am ply shown th a t to tre a t the political prisoner lik e th e common crim inal, does not deprive him of th e sym pathies of those w ho agree w ith him politically, b u t m ay rath e r endear h im fu rth e r to them , and, at any ra te , em b itter th e ir feelings, and stim ulate them to u n ­ law ful reprisals.
T here is, I th in k , so m eth in g m ean in th is a tte m p t to h u m iliate m en b y tre a tin g th em as alread y b ru ta l, so m e th in g u n w o rth y of a g re a t nation, som eth in g th a t lends colour to th e belief w hich, till lately , w as so g en eral in Irela n d , th a t h e re d ita ry arro g an ce an d h a tre d have h a d m u ch to do w ith th e a d m in istra tio n of E n g lish ru le in Irela n d , a n d are s till m ore p o w erfu l facto rs th a n th a t v a u n ted re g a rd fo r th e in te re s ts o f th e w hole U n ited K in g d o m , w h ich is so often on th e lips of h e r p re se n t rulers.
I t is some little co m fo rt to learn th a t th is relapse in to b arb arism , of •which th e Iris h G o v ern m en t has been g n ilty — th is v a in a tte m p t to de­ g ra d e a cause b y tr y in g to d eg rad e its leaders— did n o t proceed from th e B ritish P arliam en t, b u t fro m p u rb lin d Iris h officials of th e ru lin g c a ste .
I t is s till m ore consolatory to feel assured th a t su ch c o n d u c t h a s c o n trib u te d to d isg u st th e E n g lish an d Scotch people w ith th e w ay in w h ich Ir e la n d h as been governed.

.

ave re n d e re d a ^ re a t service b y dealing so th o ro u g h ly w ith , , th is su b je ct, a n d have, I hope, g iven a final a n d fa ta l blow to a system fo r w h ich E n g la n d m ay w ell b lu sh .— V e ry fa ith fu lly yours, .

J , B r y c e .

(74).

S A M U E L ST O R E !


, Esq., M .P .y Sunderland, D e a r S i r — As one of those who aided in opposing and finally defeating M r. E o rster’s policy of im prisonm ent of political opponents in Ireland, I have n a tu ra lly w atched w ith deep in terest the developm ent of th a t policy in other hands.
Often in those days I heard Conservatives, and some L iberals, declare th a t th e Irish w ould never be p u t down u n til th eir leaders suffered, not m erely im prisonm ent, b u t degradation.

This policy th u s shadowed fo rth has been given effect to by th e present governm ent.

I regard it w ith distaste and shame.


I t is surely too late in the day for free E ngland to subject m en, for speeches, to association w ith reviled crim inals, and th a t personal degradation w hich ought to be reserved for crim e. The sp irit w hich dictates such punishm ent is th e same in essence, w hich has governed th e w orst conduct of ty rannical governm ents on the C ontinent, and w hich w e E n g lish have ever condemned.
I tru s t the day is n o t fa r d istan t w hen political prisoners in Irelan d w ill be treated as ffrst-class m isdem eanants, as th e y are in England.

S till more strongly do I hope th a t, w ith th e advent of a policy of wise conciliation, political prisoners m ay become as rare there as th ey h ap p ily are here.— I am, very sincerely yours, S a m u e l S t o r e y .

( 7 5 ) THE OPINION OF A N I K I S H - A U S T R A L I A N S T A T E S M A N .
S I R C H A R L E S G A V A N D U F F Y , ex-inmate o f Richmond Bridewell, ex-Prime M inister o f H er M ajesty's Colony o f Victoria, ex-Speaker o f the Victorian House o f Commons, etc., ete.

(T h is le t t e r is p u b lis h e d b y s p e c ia l p e rm is s io n .)

M y d e a r D r .
M y d e a r D r .

S ig e r s o n — I cannot give you any inform ation about tlie treatm en t of S tate prisoners in V ictoria, because d uring th e q u a rte r of a century I was connected w ith th a t colony th ere were no S tate prisoners.

A t th e opening of th e period Hom e R ule, in th e m ost perfect form, was The people elect th e ir own P arliam ent, th e established in V ictoria.

G overnm ent is chosen from th e P arliam ent, and only exists so long as it retains its confidence.
The G overnm ent so chosen appoints to every office, from th a t of Chief Justice down to th e p o rter on a railw ay ; th e y collect and expend th e Revenue, of w hich a shilling does no t go to th e Im p erial Treasury, except b y free gift ; and th e Cabinet in D ow ning S tre e t cannot appoint or remove a policeman in th e Colony.
T here are n a tu ra lly no offences against th e S tate in such a country, and if th e same system be applied to Ireland, you w ill have no more trouble about th e classification of political prisoners.
Before th e A ustralians got a free C onstitution th ere were frequent riots, and even arm ed insurrection, and of course a lib eral crop of prisoners ; b u t th e question how political convicts ought to be treated never arose, as M elbourne ju rie s w ould no t convict m en, resisting w h a t was considered illegal exactions and a rb itrary arrests un d er old “ M other C ountry ” regime.
A s respects th e general question, th ere are some obvious rules w hich can only be overlooked by w ilfu l blindness.

Political prisoners are com­ m only of a class to whom, from th e ir train in g and antecedents, a p lan k - bed m eans to rtu re, coarse food, th e pangs of indigestion, and m enial service, degradation ; and w hen these inflictions, w hich h a b it m akes indifferent to th e rough and th e burglar, are imposed upon political prisoners, a m ani­ fest injustice is done.
C ivilized m ankind have agreed to tre a t prisoners, whose offence is not against th e m oral b u t th e m unicipal law , as a separate and I know no exception to th is hum ane practice except R ussia special class.

— if Russia, w hich is half-barbarbous, can be regarded as a case in point w hen we are speaking of civilized nations.

W e are going backw ards, i t seems.


Lord Eldon, w hen he w as at th e head of th e law of E ngland, trea te d C obbett and L eigh H u n t b e tte r th an Irish journalists are treated to-day.

I do n o t cite th e case of O’Connell and th e S tate prisoners of 1844, because th e D ublin Corporation, w hich had control of th e R ichm ond P enitentiary, p erm itted us liberties w hich no one claim s for political prisoners at p re ­ sent.
I t is no t asked th a t th e y should have v irtu a l levées, or give daily en tertainm ent to th e ir friends, b u t th a t th ey shall not have a sentence of detention tu rn ed into physical and m oral to rtu re .— Believe me, very fa ith ­ fu lly yours, C. G a y a n D u e f y .

Shelboum e H o te l, Ju ly 20th.

F E E L I N G I N I R E L A N D .

A GREAT MUNICIPAL PROTEST.

THE CLASSIFICATION OF PRISONERS.


S i n c e the R eport of the A berdare Commission it has become more and more apparent th a t the Irish people will not accept any concession in connection w ith the treatm ent of political prisoners not based upon the principle of classification.

The action taken by the Corporations of Ireland removes any doubt previously existing in this regard.

(7 6 ) The D ublin Corporation.


O n 2 8 th J u n e , 1889, th e R e p o rt of th e A b erd are C om m ittee was p u b lish e d in th e Freeman's Journal.

U pon th e sam e day a special m ee tin g of th e C orp o ratio n of D u b lin w as h eld in obedience to a re ­ q u isitio n to th e L o rd M ayor (M r. S ex to n ), th a t th e C ouncil should con­ sid e r th e q u estio n of th e tre a tm e n t of p o litical p riso n ers in Ire la n d .
R e fe rrin g to th e É' In te rn a tio n a l P ro te s t,” w hich was th en ap p earin g in th e colum ns of th e Freeman18 Journal, M r. L aw so n said : T here w as scarcely a ra n k of a n y im p o rtan ce in political, religious, or social life in w h ich h e (M r. G ray) d id n o t find som e d istin g u ish ed m en to p ro ­ nounce co n d em n atio n u p o n th e policy of M r. B a lfo u r in th is m atter.
F in ally , a fte r a n able sta te m e n t b y M r. Dawson, a n d speeches from th e H ig h Sheriff (A ld erm an M eade, J.P.), M r. M ilcy, M r. M ayne, „ M .P ., a n d T. D .

Sullivan, M .P., th e follow ing resolutions, proposed by M r. D aw son a n d seconded by th e H ig h Sheriff, w ere passed u n an i­ m ously :— íl 1.
T h a t th is C ouncil stro n g ly p ro te sts a g a in st th e tre a tm e n t of p o litical offenders as com m on crim inals, as a policy a t variance w ith all principles of ju stice, a n d c o n tra ry to th e practice of to in te rn atio n al law , a n d to p reced en t a t fo reig n countries, h o m e .’, 2.

T h a t in th e opinion of th is Council prisoners confined u n d e r the Ir is h C rim es A c t should be tre a te d as first-class m isdem eanants.’’ “ 3.
T h a t th e rig h ts of such persons should be clearly determ ined, a n d n ot left to th e discretion of th e officers of an y prison, and t h a t th e v estin g in such officers of d iscretionary pow ers (as in the 1 4 3 recent modifications in prison discipline) is likely to lead to con­ fusion and dissatisfaction.” “ 4.
T hat the Report of Lord Aberdare’s Committee supplies, on the one hand, a condemnation of the proposals of the Chief Sec­ retary, and furnishes on th e other proof th at his instructions have rendered the inquiry nugatory, as the Committee can only recommend modifications based upon sanitary considerations—a system which the Committee itself expressly condemns as aerective.
any investigation into the treatm ent of prisoners, which ignores th e fundam ental distinction between men convicted of political offences and ordinary criminals, is defective in its essence, and m ust be futile in its results.

T hat by lim iting the scope of the present inquiry to two questions of discipline the Government prevented a full and proper consideration of the m atters a t issue, a course which was bound to lead to an incom­ plete and unsatisfactory conclusion.” (77.)

The Cork Corporation.


A few days later, at a special meeting held for the purpose, the Cor­ poration of Cork on the motion of Alderman Hooper, adopted, in qlobo, .

senes of resolutions passed by the Dublin Corporation.

The proceed­ ings were unanimous.

(78.)

The Waterford Corporation.

The Waterford Corporation followed the same course.

Unanimous.

(79.)

The Sligo Corporation.
The Sligo Corporation passed a resolution as appended ; one dissentient : ‘‘ Resolved—That we, the members of the Sligo Municipal Council, hereby express our emphatic condemnation of the treatm ent to which political prisoners have been, and are, subjected in Ireland by the present Administration ; we protest against the persistent endeavour of the Chief secretary for Ireland to crush his political opponents by prison torture, and to degrade by association with criminals the most loved and respected oi our countrymen ; we call for an immediate and radical change in the treatment of men undergoing imprisonment for Coercion-made crimes • we cannot consider satisfactory any change, which does not provide for the proper classification of prisoners and secure political misdemeanants irom contact with c r i m Í D a l s .
” 1 4 4 C o u n c illo r S ed ley w a s th e o n ly m e m b e r w h o opposed the re so lu tio n , w h ic h w as adopted.

(80.)

The Drogheda Corporation.

The D r o g h e d a Corporation (the M ayor presiding), passed th e resolu­ tions of th e D u b lin Corporation unanimously.

(81.)

The Lim erick Corporation.

T he resolutions of th e D ub lin Corporation w ere passed unanimously.

(8 2 .)

The Clonmel Corporation.


A t a m eeting of th e Tow n Council, th e D ublin resolutions were adopted unanimously.

(83.)

The K ilkenny Corporation.
A t a m eeting of th e K ilkenny Corporation the follow ing resolution was passed unanimously :— “ T h a t we consider th e scandalous and barbarous treatm en t of political prisoners u n d er th e Coercion A ct of M r. B alfour a g reat national grievance, as v e i l as degradation, and th a t th e inhum an conduct practised upon some of th e tru e s t and best sons of th e Iris h nation under th e Coereion A ct calls for our special condem nation, th e m ore so since Thomas L arkin, of th e Prisoners u n d er th e A ct, w as done to death in K ilk e m y ]aiL T ulO resolutions passed by th e Corporations of Ire la n d fitly brin0 this pam i)hlct to a conclusion.
F in is.

TH E FREEMAN’S JOURNAL, LIM ITED , PRINTERS, DUBLIN.

; T his P a m p h le t m a y be o b tain e d a t th e F r e e m a n ’s J o u r n a l ” Office, D ublin, o r a t a n y of th e B ra n ch Offices, o r th ro u g h a n y A gent of th e P ap er.