The Sun. — London, England, 1848-10-09 00:00:00

risings for the purpose of effecting by force and by numbers, however ill-managed, provided, or organized the force may be any innovation of any public nature, in which the parties had no special or particular interest or concern, have been deemed instances of the actual levy of war." Gentlemen of the jury, in stating the definition in my view of the crime of levying war against the Crown, and in stating the words of this au thority, I have probably led your minds to the conside ration of the true distinction which it will be important to keep in your minds, and on which distinction the de fence of the prisoner is rested. He asserts that the ob jest of recurring to the use of force, and that the end and object of all the exertions which are detailed in the cause, were not to effect any general object or parti cular purpose whatever, but that they were solely and exclusively done to protest his person from arrest : and I have to tell you that if the object of all this arming and of all this force was solely and exclusively to pro • tect Mr. O'Brien's person, and the persons or those in his company from arrest, he is entitled to your verdict of acquittal. You will, therefore, at once see that in order to sustain either the charge or the defence, it will rest upon you, in the consideration of the evidence, to come to one or other of the twa conclusions —was the object of this insurrectionary movement a general object, or was it limited to the particular object of protecting the person of Mr. O'ferien from arrest? But you will observe from what / have stated to you that the personal or peculiar object must be exclusive, because if, in addition to that of protecting the prisoner from arrest, there was the other and general purpose which the Crown contends for, the existence of that particular object is of no moment whatsover, for the moment the general object is established that instant it becomes high treason. So that you will observe in the consi deration of the case that you will not only have to fix your attention upon that which constituted the defence of the prisoner—that the object was to protect him from a rrest—but whether that was exclusively the oh ct of all that has been done. The question, no doubt, as one of the intention of Mr. O'Brien and those who secompanied him—did he simply intend to effect his own personal security from arrest, or did he in t lid to effect any object of a general character, whether a change in the Government, a repeal of the Act of Union, or the separation of Ireland from Great Britain ? It has teen contended on the part of the prisoner that this indictment does not set forth the evidence upon which the Crown relies in support of the intention which the Crown imputes to Mr. O'Brien, and which it is bound to establish. The law does not require !het that should be so. The law does not require that the Crown should state the evidence it intends to adduce of the in tention—it does not require the Crown to state what acts were done ; but it does require not only that the Crown should state the acts of war which were :'one, but that one or more of those acts should be established by two or more credible witnesses, and the acts which are stated in the indiettnent you wilt find to be as follows : aiding and marching in a ho-tile mancer through divers ellages, towns, and pebtic highways in this country — to wit, at Balliagarry; the erection of obstructions by means of cars, carts, pieces of timber, and other mate rials on the highway, to obstruct and prevent the march of the s ildiers of the Queen ; at tacking and firing on a large body of con stable; being then in the execution of their duty, end endeavour:ng by force and vi Ilene? to make the consta bles join them in a public insurrection and rebellion against the Q teen. Then follows the charge of an attack up an a certein dwelling-house at Farrinrory, and firing upon the constables therein. Those are the overt acts. Ttiey must each or tele of them be proved by two witnesses; what was the object will depend upon the intention that is to be disclosed by the evidence. Of that evidence you are exclusively the judges in the case which is now before us. You will observe the period at which one class of evidence may be said to terminate and the other to eemmence. T;ie evidence antecedent to the actual outbreak at Ballingarry, on the 25th, is in some respects contrasted with the evidence subsequent to that period. The evidence antecedent to that period cannot have any relation to the apprehension of arrest, because during that antecedent period no arrest was or could have been contemplated. The evidence subsequent to that time is connected with that apprehension of arrest, and I need not tell you that the latter is a period of great importance, and that from the time the insur rection commenced, on the 25th, at Ballingarry, every one of the transactions that occurred are to be minutely and critically examined, and during that period you are to consider whether the acts of Mr. O'Brien, the acts of those whom he put in motion, his own declara tions, the conduct of those who were assisting him, do manifestly exclude the object of effecting his personal safety and nothing else, or whether, upon a review of these facts and circumstances, they do not manifest an ultimate and general purpose—that is, the purpose of effecting a revolution in the country. Bat when the question is, what was Mr. O'Brion's intention at and after the 25th of July, and when the intention imputed by the Crown is, that he then and there meditated a general purpose, and that that purpose was revolutionary in its character—when that is asserted on the part of the Crown, they at the same time say that, looking to the conduct of Mr. O'Brien for a period of the four antece dent months, they are able to satisfy you of the existence of a revolutionary scheme, and of means and prepara tions adopted by the prisoner for carrying that scheme into execution; and it cannot be objected in point of law to the Crown, nor has the prisoner any right to com plain, that during the period intervening between the 15th of March and the 25th of July his conduct, his acts, his speeches, and his declarations are brought for ward as evidence for the purpose of showing what his intention was. In truth, a large portion of our criminal law—many crimes are found to consist altogether in intention, and I know no limit to the period at which evidence is admissible of previous conduct or previous declarations from which the intention may be inferred, and if I were called upon to instance a case of the most familiar occurrence, it would be the case of murder. Homicide is committed, and in order to show malice on the part of the person charged, declarations made by him at any antecedent period are every day admitted, and are plainly within the principles of justice. It is, there fore, perfectly consistent with the principles that are allowed to prevail that Mr. O'Brien's speeches and de clarations antecedent to those occurrences are now brought in evidence against him. 1 shall now call your attention somewhat iu detail to the evidence on the first of those periods—that is, the evidence that terminates with Mr. O'Brien's departure from Dublin. The first of the documents that are given in evidence is the speech of Mr. O'Brien on the 15th of March, 1848. Before I advert to that speech it is due, in justice to Mr. O'Brien, to state that from all the evidence that has transpired and has been adduced on his behalf, there seems to be no ground whatso ever to impute disloyalty to him, or any treasonable practices or intention; and it is also right to say that with regard to the proceedings of the Confederates, their rules, and their acts, as far as they have transpired, there does not appear to have been anything revolutionary in the constitution or the acts of that body. This docu ment before us of Mr. O'Brien's speech on the 15th of March, the aceuracy of which cannot be doubted, has been proved by the reporter. It was a speech delivered at the Music-hall, and at the delivery of that speech were present Mr. Dillon, Mr. O'Reilly, Mr. Meagher, Mr. O'Gorman, jun., Mr. Duff(, and Mr. D. Reilly, whose names you have often heard. During the delivery of that speech Mr. Meagher came into the meeting. It was delivered on a remarkable o ccas i on . Th e French revolution had taken place within the preceding three weeks, and this body determined to present a congratu latory address to the French Government on that event. Mr. O'Brien was employed to prepare, and did prepare, an address to the French nation, and he was appointed to go, and did go, as one of the deputation to present the address. Upon that document it was for you exclusively to form an opinion and to decide upon it. I take it for granted, as each party has referred to it, that some copy will be agreed upon. Mr. WHITESIDE wished to remind their Lordships that in a criminal ease it was not the practice to send the documents to the jury; that occurred in the case of " The Queen v. O'Connell;" but he did not object to send the documents, if it was understood that all the documents on both sides should go. The LORD CHIEF JUSTICE—I think it will be better just to read through the passages.—(The Learned Judge then proceeded to read the passages that had been put in evidence, which alluded to the proposed address and the appointment of a body of 300, and then proceeded thus):—lt is for you to say whether those passages sus tain the allegation of the Crown or that of the prisoner. It appears that Mr. O'Brien went to Paris; and the next evidence which was given was the speech he made on his return, on the 15th of April, at the Music-hall, in Dub lin, at which were present Mr. Meagher, Mr. Duffy, Mr. Mitchel, Mr. O'Gorman, Mr. M'Ghee, and vari ous o th er persona.A great deal of this speech has been already stated to you—passages which show that he had been in intercourse with persons in Paris ; but I do not think there is any passage which has not been recently before you, except a passage which relates to Mr. O'Gorman. —(His Lordship read the passage.) Unquestionably these speeches are of vast importance, to show the then state of mind of Mr. O'Brien, and certainly indicate an intention to take some measures towards the attainment of the object he had in view. And the next document which is given in evidence, is one of several that were found in the portmanteau of Mr. O'Brien. Mr. WHITESIDE wished his Lordship to state that the first speech of Mr. O'Brien which had been referred to was prosecuted by the Attorney-General. The LORD CH/EP JUSTICE continued—So far us re gards the present case, the Attorney-General instituted a prosecution against Mr. O'Brien, for the delivery of that first speech ; that prosecution is not terminated. There could be no doubt of the right of the Crown to use that speech in evidence in this case. No objection was made to its admissibility, and it is perfectly compe tent to you to act upon it as re l evant to this charge. The next document in order is the copy of a letter from Philadelphia found in the portmanteau. Any papers, in a charge of this kind, found i n th e actual possession the t) of or on the person of the party ch arge d, can be e i iv o en in evidence ; and it is insisted on th e part o Crown that they have, done that which ought to satisfy you that this was, in fact, in the possession of Mr. O'Brien. We allowed that document to be read. We allowed them all to be read ; but we reserved for your consideration the question whether the circum stances attending the finding and production of these papers ought in your (judgment to have the. effect of fixing :Mr. O'Brien with the possession of them ; because if you should be of opinion that he was not to be considered as in possession of them, you ought not to attend to them. (His Lordship then went over the evidence as to the portmanteau.) There is no question whatever that the portmanteau was Mr. Brien's; but it is contended on the part of the prisoner —and this is a point for your consideration—that the pertiaantettii: *as not obtained under such circumstances asteernakte its contents, and the possession of its con tents, the actual possession by him, because they say that the portmanteau was out of Mr. O'Brien's poss€ ssion, and that during that time, and before it came into the possession of the Crown, somebody might have opeued it, and these documents might have been inserted. That is in the nature of things perfectly possible, but it is for you to say. During the time the trunk was in the pos session of the Crown the trunk and its contents were satisfactorily accounted for; it is for you to say whether you have any rational doubt that the papers in it were in it at the time Mr. O'Brien parted possession with it. Upon what ground can you say they were not ? What fact justifies the suspicion, much less the belief, that it was not? Then again, it is said that the exist ence of the papers before Mr. O'Brien's arrest was not proved. It is perfectly plain, with respect to the letter of Mr. Duffy, which bears date previous to the arrest, that it existed at the time Mr. O'Brien deposited his trunk at Cashel. There is a letter of Mr. Meagher in existence a considerable length of time before. There is also a document dated May, which was found in the portmanteau. All these were evidence that these docu ments did exist before Mr. O'Brien's arrest, and if you are satisfied they were put into the portmanteau by Mr. O'Brien, you must receive them, and in so far as you are justified by the eature of things. you must visit him with the possession of these things, and with the consequences. And if you think Mr. O'Brien is not re sponsible for them, frcm any reasonable doubt you may entertain on the question I have suggested, then you should exclude them altogether from your consideration; but if, on the other hand, you think he is liable, and that there is no reason to doubt he put and kept them there, then you will consider how far they ought to bear on the charge you are investigating; that charge being that he, at the time, Irons his correspondence and from the communications addressed to him, en tertained and harboured the treasonable inten tion imputed to him by the Crown—namely, the project of a revolution. The first of these documents, in point of date, is the letter from Philadelphia. It is dated the 10. h of May, and must have Leon received about three weeks after that time. (The Learned Lord Chief Justice then read the letter which has already ap peared in evidence, and proceeded :)—According to this letter there then existed its Philadelphia a body acting n the subject of Irish aff sirs, and a body was for med in America fur the purpose of managing those affairs and of carrying on a correspondence with Ireland. This is a communication from a foreign country, stating that means will be used, and exertions put forth, for the pur pose of forwarding the cause of Irish libeety. It is for you to consider if that means any constitutional effort to maintain any species of reform by constitutional means or has reference to proceedings of a revolutionary charac ter. Whatever may have been the intention of the per sons mentioned, it appears plainly that Mr. Meagher was about to proceed to America, from a letter vs hich follows, and in one of his former speeches the mission to America is distinctly alluded to by Mr. O'Brien. :Nita Meagher says, " I am off to New York to invoke sympathy and"—( the Lee rr ed Judge then re ad he letter in question). These two docu ments connected with the declaration of the intention to send a mission to America by Ms. O'Brien, are most important, as showing the object of the intended movement there. The next document is an important latter from Mr. Charles G. Duffy, which, if it stood by itself, would be by no means destitute of importance. You are to look to the whole mass of evi dence, and see if it carries out the scope and conclusions contended for by one party or the other. This letter is of great importance. It is addressed to Mr. O'Brien, and it. may be useful in determining whether the nature of the movement contemplated was constitutional or re volutionary. (The Learned Judge read the letter.) It would appear their plan [Mr. Whiteside—" Duty's plan, my Lord "]—was to form a great body of persons to effect their object through the medium of certain measures therein speeifiecl. This letter was, as you will observe, from Duffle to O'Brien. It was found in O'Brien's portmanteau. And whatever value you may attach to it, it is fee you to exploits the state of revolu tion there spoken of ; and it is for you to consider whether O'Brien is to be the person responsible for this letter. The next evidence, in point of time, is that which is deposed to by Dobbin. Dobbin's account of himself is one which has given rise to the objection to the reception of, or rather to the belief in, his testi mony; and it is contended that he comes for ward before you as an accomplice, and that you ought not to hear his evidence, unless it is corroborated with respect to the main facts, by some important testimony from other quarters. If you take his statement to be true, how ever, he does not stand in the light of an accomplice. An accomplice, gentlemen, of the jury, is one who ac tually engages in the illegal act he comes forward to de pose to; and Dobbin, according to his own statement, did not become a member of this society with any intention of carrying forward or executing its object or plan. Be became a member, as he says himself, for the purpose of " coins:ter-plotting the plot;" in other words, he should rather be called a spy than an accomplice. But whether you regard him in one light or the other, my direction to you is to examine the evidence closely, and to see how far it is corroborated by the various matters with which it stands in connexion; and first of all to examine it by itself. He represents himself to have been present at three meetings—most important meetings as to the time at which they were held, and as to the business there transacted. The Learned Judge read the evi dence of Dobbin from his notes in extenso. Ile did not, you will observe, name one person as being aware of his presence. He refused to give the name of the person with whom he held communication; and the Court was, in the first instance, of opinion that they could not com pel him to take any other course and name him; but it is now perfectly plain from the sequel of the evidence that he was a privileged person, because he turned out to be the medium with the Government itself. There can be no question that this man's evidence had been properly received. The question whether you will receive it or not is matter for your consideration. If you believe he is telling a story of his own fabrication, you should dismiss his evidence; but if you find it is reasonable and pro bable in itself, and that it is corroborated by the acts of other persons, and by the acts of O'Brien himself—if you find it is consistent with the proceedings of these parties, and find him detailing acts which might be part and parcel of the same arrangement, you are to con sider if he is entitled to belief. On the other hand, if you think he is a spy and a partial and faithless wit ness, you should discard his evidence altogether, and not give credit to any part of it. It is very important to see if, in point of fact, any of these meetings ever took place. His statement with respect to the existence of the Red Hand Club was proved by two policemen, who deposed they saw the name written on the windows of a certain house, and that they saw people going in and out of that house as members. In so far, therefore, as his testimony was repelled by the suggestion that there was no such body, it is plain there was. But, besides this, there was most ample means of contradicting him if he was not telling the truth. Mr. WurTEKDE—It was impossible to say before the trial that the witness would have been produced. His client ought not to be affected by the fact that he had not been furnished with a list of witnesses when he had specially applied to the Court for it. The LORD C2REF JUSTICE.—The very authority you referred us to shows how the law stands with respect to this subject. The Learned Judge then read a passage to the effect that the guilt of the pri soner depended not on the absence of any expla nation from him of the crime laid to his charge, but on positive proof of that charge from the Crown; but that if certain appearances were made out against him it was not unreasonable to expect that he should be called on by evidence, out of regard for his own safety, to reconcile those suspicious circumstances. Now, I don't think it is by any means to be expected, or that it is a requisition you have a right to make, that because this man was examined on last Saturday the prisoner was bound to show he was not telling the truth; but I say when there is the possibility that he spoke the truth, and when there is no evidence to the contrary, there is no reason not to receive his evidence. Mr. WHITESIDE—The authority you quote to the jury, my Lord, is an English case. The prisoner of whoa& these observations were made had a list of witnesses 11 days before the trial. The LORD CHIEF JUSTICE—That is perfectly true— the prisoner was indicted in England. The prisoner in this case is exposed to the disadvantage, or rather he is not entitled to the advantage which ho would have re ceived in England, of being furnished with a list of wit nesses ten days before trial. It does, I confess, appear doubtful tome whether upon consideration of the subject, I should advise you to say there is not somo presump tion that his (Dobbin's) story is true in its main parti culars. The Learned Judge read over the rest of the evidence, and on concluding it said, as the hour was so late, it would perhaps be better if he left off at that stage, and if the jury meantime looked over their notes of the evidence. Mr. WHITESIDE requested his Lordship to instruct the jury that Father Kenyon's name appeared on the balloting papers, though the witness Dobbin stated that no priest would be ballotted for; and that Mr. O'Brien's name had appeared on the papers only once and had then been struck off. The LORD CHIEF JUSTICE (lid so, and as he was about retiring from the bench was addressed by soma of the jury in a low tone of voice. Mr. "O'Brien thereupon exclaimed, "If the jury have ne objection, I should like to hear what they have to say to their Lordships." A juryman (addressing his Lordship) —I wish to ask your Lordship oise gnestion. The witness Dobbin stated that his club was not called. Then, how comes it that he was present at the meeting of the presidents of clubs? How did he get in there? I don't understand that at all, _ The LORD CHIEF JUSTICE—The day of the meeting to which he alluded was the 21 st; the day on which th e clubs were called was the 15th. The juryman—But how could he have attended on the 21st, if the club was not acknowledged on the 15th? The LORD CHIEF JUSTICE—HO stated his club was a branch club, and that he was not acknowledged as a representative; but he says he was a member of the club. His Lordship then read his notes referring to this portion of the evidence. Another juryman—The meeting was composed of the representatives of club!. I do not understand how he could have hem there if his club was not acknow ledged. The LORD CHIEF JUSTICE—I would advise you, gen tlemen, to look to your notes, and see how the evidence stands as to this matter. Mr. WHITESIDE—I think you have it on your notes, my Lord, that all but the representatives of the clubs were ordered to leave the room, but that Dobbin remained, although he states he was not a represen tative. His LORDSHIP again referred to his notes, and hav ing concluded the extract, Mr.O'Brien addressed the jury, and said—May I be allowed to call your attention to the remark which fell from your Lordship as to the passibility of bringing evidence to confute the testimony of Dubbin? The jury must know that every man in the Confederation, or any one who has taken a leading part in the management of it, or o° the clubs, has been hunted down by the Government, and that it would be impos sible to bring them forward to contradict it. A juryman—lt does not appear that Dobbin was one of those who was allowed to remain. He was not re cognized as a member of the clubs. Mr. WHITESIDE—The case will do as it stands very well. The jury were then given into charge of their usual guardians, the four policemen, and The Court adjourned at seven till nine o'clock to morrow. VERDICT ON MR. SMITH O'BRIEN. CLONMEL, SATURDAY NIGHT. At the sitting of the Court, at half-past nine, Chief Justice Blackburne resumed his charge to the jury, and reviewed the evidence in detail, very briefly com menting on it as he proceeded. In regard to the summoning of the police at Mullinahone to surrender, and offering to receive them into his pay, the pri soner, his Lordship said, had committed an incontro vertible overt act of high treason. Next his Lordship referred to the letter addressed by Mr. Smith O'Brien to the directors of the :lining Company, which he read, and then remarked that he wished to heaven the contents of that letter c )uld admit of any other con struction than that which its plain language manifestly imported. His Lordship had not been more than an hour ad dressing the jury, when, to the astonishment of the Court, Mr. WUITESIDE, Q. C., on the part of Mr. O'Brien, interrupted his Lordship, and stated, that he had an application to make ,to the Court of a most important nature,as affecting his client, but it was of such a character, that he could not at that moment mention it in open court. Ile, therefore, requested their Lordships to retire for a few moments into chamber, to hear the very extraordinary circum stances that had that moment come to his knowledge. After some conversation, the Attorney-General not objecting, their Lordships retired. After a few minutes the Judges returned, when a witness named Dalton was called and examined. 11c object of his to stimony was to throw discredit on the testimony of the informer Dobbin. Dalton stated, in effect, that some months since Dobbin solicited him to become a spy, a proposition which he indig nantly rejected, and from that moment their ac quaintance ceased. Dobbin was called, and con fronted with Dalkon. The former asseverated, in the most solemn manner, that he had never before seen Dalton in his lire. The CHIEF JUSTICE resumed his charge, and kft the whole case to the jury, who retired a few minutes after three o'clock. About half-past five o'clock the jury returned into court, and on their names being called over, The, Clerk of the Crown said --How say you, gen tlemen of the jury, as to count No. I—i 3 William Smith O'Brien guilty or not guilty ? Mr. Southcote Mansergh—GUlLTY. He then handed in the following written paper to the Court :—" We do earnestly recommend the pri soner to the merciful considerati .11 of the Govern ment, the jury being unanimously of opinion that, for various reasons, his life should be spared." The announcement of the verdict created a pro found sensation in court. Mr. Smith O'Brien heard the announcement with the most perfect composure. He leunf.d on the dock, apparently quite unmoved. After a lapse of ten minutes, during which the most perfe:t silence prevailed, The CHIEF JUSTICE said—Let the court be ad journed until ten o'clock on Monday morning. DUBLIN, SUNDAY MORNING. The verdict of Guilty against Smith O'Brien was publi.thed in extraordinary editions by some of the newspapers this morning, and the result of the trial —one so contrary to the general expectation—was generally known in this city so early as eight o'clock. But the intelligence does not appear to have caused the slightest sensation. This apparent indifference, however, is one of the extraordinary signs of the time. M'Manus will be next placed on his trial to morrow morning. The finding of the jury, in the case of Smith O'Brien, establishes the conspiracy to levy war against the Queen ; and the verdict will, of course, materially influence the other cases for trial. _ _ The Commission at Clonmel, certainly, will be adjourned about the 16th or 17th instant, as the Dublin Commission commences on the 21st instant. Mr. Gavan Duffy will be tried probably on the 233 instant. The sittings at Clonmel will be resumed in December. DEATH OF THE EARL OF CAR LISLE. We have to record the demise of this nobleman. The melancholy event took place at eleven o'clock on Satur ' day morning, at the family seat, Castle Howard, York. shire, after a lengthened illness—indeed for the last few months the Noble Earl was unable to move. There were present on the occasion the Countess of Carlisle, Viscount Morpeth, Mr. and Lady Caroline Lascelles, Lady Dover, the Hon. Captain Howard, M.P., and the other members of the family, with the exception of the Duchess of Sutherland, who was absent, owing to the indisposition of the Noble Duke. The deceased, George Howard, Earl of Carlisle, Viscount Howard of Morpeth of Northumberland, and Baron Gillesland county of Cum berland, in the Peerage of England, K.G., a Privy Coun cillor, and Fellow of the Royal Society, was born on the 17th of September, 1773, and succeeded to the title on the 4,h of September, 1825, having married on the 21st of March, 1801, Lady Georgians Dorothy Cavendish, daugh ter of the late and sister to the present Duke of Devon shire and to the Countess of Granville. By this lady he has had issue twelve children. The eldest, George William Frederick Viscount Morpeth, succeeds to the title and estates ; a vacancy in consequence arising in the representation of the western division of Yorkshire. The deceased Earl was also father of the Duchess of Sutherland, Lady Dover (mother of Lord Clifden), the late Countess of Burlington, Lady Caroline Lascelles, the Hon. Captain Howard, M.P., the Hon. William George Howard, M.P., and the Hon. H. Howard, now connected with the British Embassy at Lisbon. The de ceased was consequently brother to the Dowager Lady Cawdor, the late Duchess of Rutland, Lady Gertrude Staidey, the Lion. Colonel Howard (who fell at Wa terloo), and to the Hon. and Very Reverend Henry Howard, Dean of Lichfield. The deceased Nobleman was educated at Eton and at Chri- t Church, Oxford, where he took a high degree. Iu 1795-6 he accompo. vied Lord Malmesbury in one of his missions to the Con tinent, and was, no doubt, thus early initiated into the mysteries of diplomacy. On his return he took his seat in the House of Commons, and continued to devote himself to Parliamentary duties with much attention. In 1806 ho was Commissioner for the affairs of India, and so competent to his office, that we are indebted to him for a very able speech upon the affairs of that country. It was published separately as a pamphlet, and was the only distinct publication which can be attributed to his Lordship. He was, however, understood to have con tributed a Latin poem to the Anti-Jacobin newspaper. Subsequently to the latter-mentioned period, the Nuble Lord was sent on a special mission to Berlin, but the particular object of the visit never transpired. After remaining some time in Prussia his Lordship returned home and resumed his parliamentary duties. He seldom made a speech, yet exercised, in consequence of his ac knowledged talents and intelligence, a beneficial influ ence more felt than heard of in the government of the nation. In 1827, when Mr. Canning was called upon to form a Ministry, his Lordship, between whom and the Minister an intimacy had long existed, accepted the office of First Commissioner of Woods and Forests, with a seat in the Cabinet. His L or d s hi p was i n su b sequent Cabinet, without holding any o ffi ce . F or some years past he has remained in retirement. The deceasee Earl was formerly Lord-Lieutenant of the E as t Ridi ng o f Yorkshire, but that office is now held by Lord Morpeth. By his decease a blue riband is at the disposal of the Premier. Covent-garden Theatre opens to-night in all the splendour of its recent renown. Exclusive of the great beauty of the house, and the talent of th e company, we are desirous of directing public attentio n to the very moderate character of the prices of admission. A box may be now had for less money than a party used to pay in the dress circles—without the fear of any a nnoyance from intrusion, or the possibility of any questionable society; and every part of the theatre, even up t o t h e galleries, is fitted up with becoming luxury. ASTLEY'S THEATRE.--This theatre closed on Satur day night, after a tolerably successful season. Mr. Batty, who has done all that lay in his power to gratify his o patrons in the production of n velty and equestrian spec tacle, is ab ou t t o remove w ith his troupe to Edinburgh, where, no doubt, he will meet with the success his ability as a manager so well merits. The docility of his horses and the athletic skill of his artists have never been sur passed in this country. PROPOSED VISIT OF FRENCH NATIONAL GUARDS TO THE BRITISH CAPITAL.—The South-Western Steam Navigation Company and the South-Western Railway Company have entered into a contract to bring over from Havre to Southampton, and to convey to London and back to Havre, Colonel Bredard and 300 of the National Guards of that town. They are to come over on Wednesday next, and are to remain in London a week or ten days. The whole of the charge for steamers, railway carriages, &c., from and back to Havre, is not to exceed 18s., and probably will not be more than 16s. each person. A very considerable trade is carried on between Southampton and Havre, and the merchants of the firmer place propose giving their Havre friends a hearty welcome. ALDERMAN JOHNSON.—We regret to state that this worthy and much-re:pectecl rnernser of the Court of Aldermen has been seriously indisposed during the past week. We are glad to add that last evening he was reported to be much better.--Sunday Times. NOTICE. ZOOLOGICAL RECREATIONS. 'THE NEW AND REVISED EDITION Of this Work is now Ready for Delivery at all the L:ooksellers. 1 vol 104. 6d. bound, "No work in our language is better calculated than the Zoological Recre,tions to furnish a hand-book which may cherish or ay. aken a love for Natural Illstory."—Qaarterly Review. Henry Colburn, Publisher, 13, Great Marlborough- street. THEATRE ROYAL, COVENT-GARDEN. Mr. BLTNN has the honour of announcing that ho will OPEN this THEATRE for the usual vinter Seison THIS EVENING, OCTOBER 9, When will be performed the Opera of MARITANA, and the Ballet of THE AMAZONS, _ and being enabled by an arrangement entered into with the Directors of the Royal Italian Opera to avail himself of the vast resources of that celebrated Establishment, the Entertainments will be supported by a mise en scene never yet given on the English stage. With the view of representing the Perfermances submitted to public patronage in an equally efficient manner, he subm'ts the names of the principal Artistes with whom he has entered into engagements : FOR GRAND OPERA. SOPRANI AND CONTRALTI. — MdIIe. Nissen (principal singer from the Imperial Theatres of Italy and St. Petersburgh). Miss bonier, Miss Bassano. Miss Wallace (sister of the composer, her first appear ance), Miss Nelson (her first appearance on any stage), Miss 3lessent, and Madame Stoltz (the renowned singer from the Grand Opera at Paris). Basses AND BARITONES. — Mr. Borrani, Mr. Whitworth, Mr. Bur dini, Mr. N. Corti (principal buffo from the Theatre Royal, Dublin), Mr. S. Jones, and Mr. H. Phillips. TENORS.—Mr. W. Harrison, Mr. flerberte (his first appearance on the LOMIOD stage), Mr. Barker, and Mr. Sims Reeves. The Orchestra has been entirely re-arranged, and selected from the first talent, on a greatly increased scale. Musical Director, Signor Schist. The Chorus will be augmented to an unusual extent, and will com prise the best voices in the country. Chorus Master, Mr. Land. FOR GRAND BALLET AND SPECTACLE. 31dIles. Plunkett and Sophie Fuoco (both from the Grand Opera de la Nation, Paris), ildlle. Celeste Stephan, Mdlle. Moncelet, Mdlle. Gaillo% and Mdlle. Arnal (all from the principal Theatres of Paris), Mdlle. Louise, and Mdlle. Maywood (principal danseuse from the San Carlos. Naples) ; M. Petipa and M. Deeplaces (both from the Theatre de la Nation, Paris), M. Jules (from the Grand Opera La Scala, at Milan), M. Paul, Mr. W. H. Payne, Mr. T. Matthews, Mr. Cormack (from the Theatre Royal, Liverpool, his first appearance), M. Mazi lier (his first appearance these eight years), and the roost renowned Dancer now on the Continent, M. Durand ; with a more numerous awl effective body of Corps de Ballet, Figurantes, and Promeneuses, than has ever yet been engaged in an English Theatre. Amongst other novelties of the season will be produced the new Ballet of " The Amazons," now performing great success in Paris), and a new grand Ballet by 31. Betrrez (expressly composed for Mdlle. Plunkett.) The celebrated oi - era of " Hayelee" (the last production of Messrs. Scribe and Auber, and adapted to the English stage by Mr. Lavena), vr:11 be instantly produced. A grand Opera, in three acts, composed expressly for this Theatre by Mr. W. V. Wallace. " The First Wulpurgis Night" (the Poem by Goethe, and the Mu sic by tile late Dr. Mendelssohn). will be given in a dramatic form by all the immense resources of the Theatre. A celebrated Musical Work (dramatised for the first time by J. P. Planclie) is in preparation, and will be produced as speedily as the magnitude of the subject will permit. A new grand Opera, entitled "Kenilworth," by Signer Sehira ; and a grand semi-ae.r a Opera, composed expressly by Mr. W. Haifa. .-1!1 entirely new Ballet will be produced for the debut of Mdlle. Maywood. Numerous treaties are pendinit, and amongst others, an answer is daily es peeled from the celebrated Herr Pischek. Principal Scene-painters-31essrs. Grieve and Telbin. Property 31:iki:r. Mr. Illamire. Ballet Masters—MM. Earrez and Mazilicr. Under Ballet Master—Mr. B. Barnett. Stage Director----Mr. G. Ellis. ENTRANCES AND PRICES OF ADMISF , ION. Grand Entrance, Bore-street.—Grand Tier Boxes, 31. 33. ; Firs' Tier Boxes, 21. 2s. and I/. I Is. Gd. ; Pit Boxes, 21. 2> ; Stalls, 10's 6d.; Single Adm'ssions to A. Private Box on the First Tier, 73. , Bow-street Entrance.—Pit, 3s. 6d. Piazza Entrance.—Public Boxes, 55.; Gallery Amphitheatre, 2s. 6d.; Gallery, Is. 6d. Half-price to take place, a.s usual, at Nine.—To the Public Boxes, 35.: Pit, 2s. ; Amphitheatre Galley, Is. G 3 • Galley, Is. Doors open at Half-past Six, performanr eto commen^e at Seven. The Box-oillee is open from Ten till Five, u ider the directlen of 31r. John Parsons. THEATRK ROYAL, ADtLPIII. ' - nder toe direction Madame ( ,destr During the Reuss this Theatre has been entirely re-decorated, the original designs by Digby Watts, Its? , executed by Mr. Sang. A new Stage, Curtain, Act Drop, and Chandelier. An approved sys t,m of Ventilation, &e. &c. The Privat e Boxes enlarged, Backs added to the Seats, and Stalls rendered more comfortable. TIIIS EVENING Will he performed THE WHITE 11011. SE OF THE PEPPERS. After which, TILE DANCING BARBER. To be followed by HIS LAST LEGS. To conclude with THE MAIZRIED BACHELOR. Under the Manag ROYAL LYCEUM TH EATRE. Sole Lessee, Mr. Charle s Mathews. THIS EVENING , Will he performed a comic Drama , entitled ANYTHING FOR erne , t of Mada me Yestria. CHANGE. Characters by Messrs, Harley, C. Mathews, Horner; Miss K. Fitzwilliam, and Miss Marshall. After which, COURT BEAUTIES. To conclude with THE CRITIC, t , Ai Boxes, ss. ; Upper Boxes, 45.; Pit, 2s. ; Gallery, Is. No %if-mice to any part of the house. icew Box-office, No. 2, Wellington-street, is open to the Psbilc every day, from Ten till Six. PRINCESS'S THEATRE. Mr. J. M. Maddox, Sole Lessee and Manager. During the Recess this Theatre has been re-decorated and embel ished In a superb and costly manner by Mr. Hurwitz. A new Chan eller has been fitted, and the best arrangements have been iaade for he due Ventilation of the Theatre, and the comfort and cony eaience of the audience. THIS EVENING, Will be performed the Opera of LA VIVANDIERE. After which, PAY ME 1 OR IF YOU DONT- To conclude with the Ballet of LA ROSIERF. TO CORRESPONDENTS. Nip communication can be attended to unless autheati cated by the name and address of the writer. Rejected communications cannot be returned. THE WEATHER.--SUN OFFICE, OCTOBER 8. THERMOMET'ER, Lowest, .SS, Highest, 68; Noon, 66. BAROMBTER, 30.09. WIND W. ; light breeze, with sunshine and clouds. OCTOBER 9. TazninoxEmit, Lowest, 51; Highest. 65 ; Noon, 60, BAROMETER, 29.95. WIND S.W.; small rain and thick weather. HIGH WATER AT LONDON BRIDGE TIIIS DAY. Morning .. 3 min. Mier 11 1 Evening .. 36 min. after 11 !...‘ , j * q t. , 1 4 ~,i ~, ill •NA (.. l,set . ),. . ',4 7 S , , Y:•:,* ' I" A k.l l / 4 , ir • • . " 6 ''''. . ~ '''\_ '. ~:t - ';' 4 6 " •_ r • Tsi 0 14 A 0 1 ' . oir-Z . ' ' l' 'V 1.,: * , oh --,, Otrientag LONDON, MONDAY, OCTOBER 9, 1848. As we anticipated on Saturday, the trial of Mr. SMITH O'BRIEN was brought to a conclusion on that day. At a little after five o'olock the jury returned a verdict of guilty, accompanied with an unanimous recommendation to the merciful consideration of the Crown, and expressing their anxious desire that his life should be spared. The gentlemen of the county of Tipperary have thus honestly and conscientiously discharged the important and deeply painful duty im gation bsranbydi ngas a traitor ain accordance with which have, they were bound, posed upon them. They v r t high mindedhe c e o r s d o e l de solemn andth decision b e l n usiastic i gentleman of rank and station in society, of an amiable and chivalrous dis position, who for many years had sat in the Imperial Parliament as the representative of a large and influential constituency, and thereby, unless the highest prerogative of the Crown should be exercised in his favour, consigned him to an ignominious death upon the scaffold, and deprived his innocent children of the inheritance derived by ancient descent through a long line of illustrious progenitors. Deeply painful and heartrending as might be the result of their verdict, brilliant and persuasive as was the eloquence by which their feelings were appealed to on behalf of the unfortunate gentleman, and in genious and acute as was the argument by which the only possible solution of the various circumstances that had occurred, short of the grave offences charged in the indictment, was suggested, there was no hesita tion on their part. They decided in accordance with the law laid down by the Learned Chief Justice, but, as they were constitutionally entitled to do, they expressed their decided opinion that the prisoner had not merited the extreme penalties prescribed by the law—that there were many mitigating circumstances that should be attended to —that the justice of the case would be fully met, and the majesty of the law sufficiently vindicated, by a minor punishment, not involving the life of the prisoner whom they had just c onvicted. In the propriety of this recommendation w e most full y and cordially concur, and we believe that there are few indeed on either side of St. Georges Channel who would not rejoice to find justice tem pered with mercy, and the British Govern merit following the brilliant example exhibited by Republican France, and declining to sanction the sacrifice of human life for any merely political offence, for the attempt to obtain what the party conscientiously believed to be essen tial to the rights and liberties of his country by even Apart, how ever , f rom the illegal and un j us tifi a bl e means• g eneral question, a s t o the propriety of capital punishment for political offences, there are peculiar circumstances in the present case that render an extension of mercy not only politic and expedient, but merely an act of justice to the prisoner. Without in any degree anticipating what may be the decision of the highest trib una l on the points submitted by the Learned Coun se l f or th e defence, and which may probably form th e su bj ec t of a writ of error, it is certain that the prisoner was deprived of advan tages which in this country he would have been en titled to, and for the partial loss of which, the sen tences of FROST, JONES and WILLIAMS, were com muted, although the objection was not taken in proper time. On Saturday we pointed out the reasons why this difference of the law in force in the sister kingdom would, whatever might be the result of the trial, afford an ample and sufficient ground for claiming an extension of mercy to the prisoner. An additional and most poweerul illustration was afforded at Clon mel the very sat ne day, almost the very hour we were penning those remarks, of the great injury inflicted upon the accused by the withholding of the list of witnesses. Up to the very moment of the produc tion of the spy DOBBIN on the table there was not the slightest conception as to the identity of the party alluded to by the Attorney- General is his opening speech as having been present at the meeting for the election of the war directory , as it was called, who was to be produced to give evi dence before the jury. Conjecture was busy as to the probable party. Many names were suggested, and it is more than probable that materials fcr the cross-examination of the suspected parties, and wit nesses to contradict any erroneous statement th'it might be made, had been prepared and placed in the hands of tlva professional advisers of the accused. At length the moment actually arrived when the secret was to be revealed—and to the general astonishment; a man wholly unknown, unre cognised by the prisoner or by any of the accused parties, who. stated that he belonged to a club, of whose existan ce there was no concurring proof, was produced. Ells evidence bore hardly upon the pri soner. If cr , edited it would negative the view sug gested by Mr. WHITESIDE, that the whole of the proceedings at Mullinahone, Killenau!e, and Ballin garry, had the object only of protecting the prisoner himself from, arrest, and did not support the intent of a general l evying of war against the SOVEREIGN. This, then, was the most important witness of all, whose testimony would perhaps have been wholly set aside if his prev'tous history could have been known; and damnatory facts brought forward against him. All were at facalt, however, and nothing could be ascer tained respecting the confessed spy save the ac count which he volunteered to give of himself, viz., that he had been an engineer, and was subsequently an attorney's clerk. All that the talented Counsel for the defence could allege respecting him was, that he came forward in a most degrading character, and that the testimony of all witnesses of that class required ample corroboration, and could not otherwise be credited. Who can judge of the effects that might have been produced upon the jury by the withering and indig nant denunciation that would have been hurled against the delinquent if the materials existed ? Most probably his evidence would have been wholly set aside, and the jury would have considered the other testimony uninfluenced by any statements that fell from his polluted lips. The matter was, however, otherwise until the very last moment, when the Lord Chief Justice had almost concluded his charge. A proceeding then occurred of a very ex traordinary character. Mr. WHITESIDE appealed to his Lordship to suspend his charge until a communi cation was made to the Attorney-General, the result of which was, that a new witness was produced at that stage of the proceedings, who detailed circum stances which, if commented upon byMr. Witruesme, might have worked a material change , in the opinion of the jury. The witness, a man named DALTON, who had just arrived by special train from Dublin, proved that in June last Donnas' had applied to him "to join the clubs, to urge them to go further than they might other wise be inclined to go, to enlist recruits," &c., and subsequently to betray those very persons whom they had themselves seduced into crime. The spy, when confronted with the witness, wholly denied that he had ever seen him before, a declaration that was re ceived with derisive laughter from the Court. Here then was a practical inconvenience that might have altered the result of the trial if the prisoner had the privilege to which he would have been en titled in England, and this is another ground why mercy should be extended. We shall return to this subject to-morow, adducing other reasons to prove that the extreme penalty should be remitted in this case. Whatever may ba said to the contrary, there is not "an end of confidence in any constitution which may be established in France." The elaborate and so phistical argument which makes this very deliberate as sertion will fail in carrying the conviction of its truth home to the mind of the multitude—its refutation is visible in the unanimity and devotion of thirty-five millions of French citizens. Yes! the confidence of France in the Republican Constitution is verified by the burning wcrds of her orators, and by the heart born acclamations of her people, by the inspired voice of the tribune and by the impassioned re sponse of the market-place. France has repu diated the worn-out stigma of her volatility; her old characteristic of fickleness is thrown away like a threadbare garment; she stands at last before the world in the conscious vigour and permanence of Republicanism—abhorring the mobility of monarchi cal rights, and trampling into the dust the muta bility of every institution save the sublime and ever lasting institution of a moderated democracy. Nobly, grandly, gloriously has this devotion to Republicanism been expressed by the fervid lips of LAMARTINE. The oration delivered on Friday last by that great man is one of those master pieces of eloquence which carry the imaging • tions of an auditory away in a whirlwind of enthusiasm. He soared immeasurably above all his former oratorical achievements. The tribune was no longer a tribune—it seemed to be transfigured into a tripod ; and the Assembly hung with an indescribable pleasure upon the accents of his Pythonic declamation. M. DE LAMARTINE spoke upon the momentous question a s to the manner of election to the Presidency—whether, in short, the President of the French Republic should be chosen by the National Assembly or by universal suffrage. In discussing the difficulties and the responsibilities of this great problem, the orator gradually revealed its solution with a felicity of logic, a splendour of il lustration, a profundity ofargurnent, and a grandeur of utterance, such as defied even a whisper of opposition, an d commanded an universal outcry of admiration The debate has been abbreviated by this magnificent discourse, and the decision of the national represen tatives arrived at without further hesitati on . Aft e r perusing the speech whi c h h as accomp li s h e d so much in a single sitting (a translation of which speech will be found elsewhere in this even ing's impression), it becomes to us no mat ter of astonishment to hear that the orator, on descending from the tribune, was surrounded by a great number of representatives offering him their felicitations, or to find the Parisian reporters appending this remark to the discussion, that " no one dreamt of addressing the Assembly after the address of M. DE LAMARTINE.” As in the instance of SHERIDAN'S philippic upon the Princesses or Begums of Oude, the House was immediately ad journed to allow the first rapture of admiration in some measure to subside. Yet the next morning the acclamations may be said to have been renewed with redoubled earnestness—the plaudits of the Assembly being re-echoed by the panegyrics of the various journals. In this instance the applause has been equiva lent to an ovation; and—what must be of infinitely greater importance to the orator—almost every tongue, with scarcely one exception, acknowledged at once the correctness of his deductions those deductions tended directly to the election of the President for five years by universal suffrage. How majestically the orator vindicated the supe riority of the popular or national right over the right of birth, over the right of primogeniture, over the right of conquest, over the right divine, over the right of hereditary succession, may be discerned from the following eloquent apostrophes :—" The right of birth ! What is it ? All the world is suf ficiently enlightened now-a-days to penetrate the mystery. The right of birth—it is the right of hazard ! The right of primogeniture ! What is it ? The right of the first arrived, the right of the one who first emerges from the womb of the mother ! The right of conquest ? It is the right which secures the degradation of the races who submit to its pre dominance—it is the right of violence and of brutal authority The right Divine ? It is nothing more than the sanction or benediction of the priesthoed bestowed upon the royal dynasties ! It is now a long time since this sign became nothing more than a sign, and this symbol nothing more than a symbol ! The right of hereditary succession ? But this right is sometimes only the right of idiotcy !" Again, in exposing the dangers which must inevitably accrue from the choice of a President by the National Assembly, the orator exclaimed that the factions might thus address themselves to the different repre- sentatives—" Thou! Thcu b ast named the President of the Republic because 1 is was thy father, and because in the aggrandizen sent of his position, thou didst aspire to the advance) gent of thine own family ! Thou ! Thou hAst given to the President of the Republic thy voice, bees' ise he vv as thy personal friend, and, because in the . extension of his fortunes thou didst hope to enhai ice the magnitude of thy posses ions ! Thou ! Th, m hest named the Presi dent of the Republic, beta) lie he has promised thee an ambassadorship—thou, be. :ause he has promised thee a prefecture.—(The orator ' was here interrupted by shouts of " Yes ! yes :" " Bravo I" and pro longed sensation.) Such are fragmentary portions of the harangue 'w/ 'licit has ,ao profoundly moved the Assembly, and the reverberations of which are sti►l thrilling in the, hearts of the French Reptibli= cans. It has already gone fii,r towards consolidating the new institutions inaugurated in February—it is even now affording a brilliant refutation to the fal lacy propounded by an English pamphleteer—it is, if we may employ the beautiful expression, of M. DE LAMAITINE himself, becoming to us a light, enabling us to peruse the destinies of France through the darkness of futuxity. The President of the French Republic will now be elected imme diately by the French people themselves—he will be the visible emanation from the souls and the con sciences of many millions of citizens. As LANIAR. TINE ejaculated, in the language of the great Junius, "Alea jacta est !" The die is cast! There is now no further appeal. If the people abdicate their sovereignty to a Pretender, the Assembly will meet destruction with glory, and the past seven months will be nothing more substantial than a beautiful vision. " Yes ! Whatever may happen, it will be a beautiful fact in history, to have attempted to create the Re public which was proclaimed, conceived, and in augurated in four months, the Republic of enthu siasm, of moderation, of fraternity, of peace, of pro , tection to society, to property, to religion, to family, the Republic not of WASIIINGTON"—Of LAMARTINE ! THE FRENCH REPUBLIC. We have received the Paris papers of Saturday and yesterday. On Friday the discussion on the article of the Constitution regulating the election of President was continued, and the following brilliant speech in favour of the election by universal suffrage was delivered by N. DE LAMARTINE If every speaker is to experience embarrassment in coming to discuss from this tribune a question so complicated, and one on which opinions are so much divided, it is at least pleasant to appreciate and ad mire the men whom he comes to oppose. Numerous voices—Speak louder. We cannot hear. M. de Isamartint —I say that independently of the embarrassment which a political man feels when giving his opinion on one of the questions the most wavering, and the most undecided in the opinion of the country, and in our own, there is something painful in opposing those he appreciates and admires. I shall, however, endeavour to put aside these preoccupations. The Hon. Representa tives who yesterday and to-day spoke on this question have, to my great regret, confounded in the discussion the five articles which, in the draft of the Constitution, tend to constitute the Executive Power; I am com pelled to follow them for a moment in the generality and in the specialities of their arguments. The question has been for the last two days not only to decide whether the President of the Republic shall be elected by the people, or by the National Assembly, but also whether there be a President ; what shall be the form of his government; whether it shall be in one or more hands; if it shall be arbitrarily subject to the opinion of the majority ; if it shall be triennial or quinquennial. All those points have been called in question. Just now it has been recommended to us to constitute a temporary and transitory power, de ficient, from that very cause, of all those conditions of fixity necessary to terminate the revolu tion, which is now becoming unravelled, and which we now constitute. To the question whe ther the Republic shall or shall not have a President, I shall only reply to this by a very few words. I refer to history, and I see that all French Assemblies, all those who have seriously wished to constitute a government, have admitted, and sought to carry into practice, that distinction of functions. I set aside the word powers, which is not a proper expression, for the power must be unitary ; but you have it here. The question is of functions, and they must be distinct.—(Marks of adhesion.) I see on the other hand the long Parliament, and the Convention taking in hand not only, as was just now recommended, the Legislative and the Executive Power, but also the power indispensable to complete tyranny, the judicial power, and thus giving an idea of what has been been called a unitary power. I invoke that example, and I will tell you. If you think that the necessities of the country demand that terrible intensity, that power which is to be met with not as an appeal, but as a scarecrow in our history; I will tell you—go to the end, assume also the last, the judicial power, and then call yourselves by your true name—call your selves the Reign of Terror.—(Agitation.) You will not do so—the country does not wish it, and it is right.—(" Hear, hear," and renewed agitation.) I will now say something of another form of govern ment, that of committees. The danger of that form is its irresponsibility ; an irresponsibility terrible, because it is anonymous, and which is led away not only in our time, but in history, to such a point that we who have read, and who have written, the history of the great epochs of the Revolution, we are obliged to admit that it is impossible to attribute to whom it is due the remuneration of gratitude, or of honour, which any particular act may deserve, and which we cannot say if it proceeded from Collot d'Herbois, from Barrere, from Robespierre, or from Denton.— (Agitation.) The government of committees has another inconvenience, which appears incompatible with that which I have just mentioned, and which is not the less real ; governments with several heads are always weak. From a natural consequence of the clashing of convictions and wills, the Government directed by several heads, is composed of reciprocal concessions, of delays, of compromises, and is not that which suits great epochs, or th e per i od of crises in question which we live.—(Hear.) I now come to the which has more particul ar l y exc i ted my attention— the form of nomination of the President sincere by you, or by the country. I y es t er d ay listened with and conscientious anxiety to the remarks e wh'l h were t H made by an on. Rep resen t at i ve (M. Parieu), the considerations d eve l ope d b y that Hon. Gentleman are not new to me. I have also read and studied the constitutions of other nations in which monarchy has recoiled before the forms of liberty. lam acquainted with the United States, with Venice, and Genoa; I am aware in our own history of the system of '93 ; I have seen that combined mechanism according to which twenty-five candidates were pointed out from amongst whom was to be chosen the President of the Re public. I have endeavoured to render to myself an account of all these systems, and I declare that I have there found no information, no certain evidence, no application of a great and general principle which could enlighten our minds. M. Parieu yesterday adduced the example of the United States, of Switzer land, and of Holland, where the nomination of the Presidents was made by two degrees —even by three degrees in one of those republics ; but, he must allow me to observe, that that example applies as badly to the queston of the nomination of the Presi dent as to that of the single Chamber. Those re publics which have been cited to us are Federal States, what was to be personified in their Presidents was not the expression of individual value, but of a Federation. That is the secret of the constitutions of those countries. But France has nothing analo gous to these federations, which are held up to us as examples, without understanding the nature and necessities of our country. Gentlemen, lam tempted to leave these historical considerations, and which are merely accessories to the question which is submitted to us, and to enter into those which now engage the attention of the country. Yes, gentlemen, lam tempted, when I think of the religious attention which is given in this Assembly to the most elevated ques tions, when I think to what understanding, I address myself, I am tempted, I say, to speak with open heart before you and before the country. If the question was only to determine on such or such a mechanical combination, it would be soon done. We should say to ourselves, this people, which effected the revolu tion of February, is unitary par excellence; it is therefore from its bosom that should proceed, not the divison of power, for it is repugnant to my feelings to use that expression, but that distinction of func tions which the Constitution requires. The people, be it remembered, were jealous—such was at all times their nature—and susceptible, for they had been so often betrayed. Well, then, let it not be attempted in this question of the Presidentship to give the people reason to suppose that we want to deprive them of their right of election—let that right be ac corded to them largely, fully, and sincerely, without any reservation, without any desire to keep anything back from them.—(Loud cheers.) In a Republic what constitutes the three of the Government ? The power in Republics is entirely in popularity or not at all ; not that fugitive and restless popularity which departs without reason as it comes without motive, but that other popularity of reflection which accumulates on all the names of the National Assembly the sign of strength and the love of the country.—(Hear, hear.) That popularity, gentle men is the entire power, but it is possible that it may sometimes 9xhaust itself or be led astray. If in abandoning the National Assembly it also abandons the executive power, into what abyss will fall, I will not say the Government alone, but also the country itself ?—(Hear, hear.) Yes, gentlemen, this is the whole problem. Be assured that if the President of the Republic is elected by the National Assembly, it will be said that he is the privileged man of an As• sembly, he is the favourite of the Parliament.—(Loud marks of adhesion.) A Voice from the Right—That is it—that is it.— (Murmurs from the Left.) M. Lamartine—l asked myself, in face of such a state of things, what must arrive, for everything possible happens in face of an assembly which has lost all its popularity, that force which supports it, what would become of the power which had emanated from its own choice ? You see, gentlemen, the executive and the legislative powerlwould disappear at the same time.—(Hear, hear.) We should, in fact, say : In every natural constitution, all proper power should have its prerogative in the confidence with which you have Ist en invested by your fellow-citizens. But this executive, this responsible power, it will not also derive its prerogative from the entire country. Gentlemen, if, instead of being the elected of the country of France, the President is only the elected of your selves, allow me to say he will be no longer the go vernment. This executive power will be no longer the beacon of the nation, he will be no more than the needle to mark the hour of your wills and of your caprices. —(Applause.) Since these motives do not find amongst us any instinctive opposition, there is then another reason.—(Sensation.) Why that invincible hesitation should work not only in public opinion, but on yourselves, whose mission it is to direct it. This reason may be thus set forth :—" you are going to review the parties which devour France; you are going to take the great census, to recruit from all the anti-republican parties; you are going to unite Legitamists, the Orleanists, &c. ; you are going to make this census, and yet you do not tremble." I will reply to that objection, that France and I have :more impassibility, if not more courage, than they who bring them forward; I reply that it is ridiculous to feel any concern about some few votes which are thrown away on names of men who have lost their quality as citizens. I say, I de clare that these men will not present themselves. 1V hat, gentlemen, do you not believe that those men who reside in a foreign land would consider it as an abdication of their divine right if they were to come, and put forward a candidateship of a few years, a precarious candidateship ?—(Hear, hear, and loud interruption.) What! that Government, which had all the means of power, and which rather fell of itself than was overthrown, would endeavour to return at the end of six months, concealed in a balloting urn! No, the thiug is impossible.—(Applause.) A voice from the Left—And Bonaparte? M. de Lamartine—But if that is impossible with regard to the two dynasties which I have just alluded to, is it not equally so for another ?—(Hear, hear.) For since you declare that supposition ridiculous and impossible for those two dynasties, you must there fore imagine that there is some other left. I will raise the secret veil which falls over the minds of th e Assembly and of the coon -'y; I will do it with all the reserve due to Horntiur4l6 Gentlemen who sit in this Assembly, and with the frankness which I owe to the greatest of public interests: At another period, when we considered there was something incom patible between the foundation of the Republic and its possible establishment, and certain names whose , only crime, be it remembered, is our glory.—(Pro longed agitation, and cries of " Hear, hear.") I beg the Assembly to abstain from those interruptions, which not only break the thread of the discourse of a speaker, but derange his ideas and expose him to say things less worthy the attention of the Assembly he is addressing. I repeat, when we thought that cer tain persons, whose only peril, whose only crime is a reflection of glory, were a danger for the Republic, I proposed myself from this tribune not an act of severity, for I could never be guilty of such a thing, but a postponement of som e mon th s before restoring to those individuals the complete enjoyment of their rights. You decided otherwise, and I bowed before your will. But what occupies all minds is the fear that the fanaticism of certain men may mistake a duty, and attaching themselves to the heirs, I do not say of other persons' glory, for glory is a matter to which relationship gives no right, but to that fame which carries away so easily a nation like ours, may create what you and what I myself look on as a dan ger. Is such a danger real ? I cannot say; it is not given to me more than to you to lift up the veil of the future, but permit me to say that I am convinced that the heirs of whom I speak do not think of any attempt at usurpation ; they have declared it themselve in this tribune, and I believe their word as honest men. No, they have no thought of that kind ; but around them there are groups of men, such as are always ready to flutter about supposed ambitions, and who would be disposed to turn to the profit of bad passions the greatest of our glories. But I say that these men would find themselves mistaken. To effect an 18th Brumaire two things are necessary—long years of terror behind, and in prospect the victories of Marengo and of the Pyramids.—(Loud applause.) But at present there is neither one nor the other.—(Hear, hear.) The real danger of the Republic of February is its pas sage through the perilous reflux which follows all re• volutions. I will not affirm that France is not re publican—l am perfectly convinced, and I will analyse the matter before you one day, if you permit it, that if France is not yet republican by her habits, if she is still monarchical by her vices, she is repub lican by her ideas.—(Movement.) Think of the monarchy falling to pieces before a tribune not far distant from that in which I now speak; think of the enthusiasm of the people saluting the magnificence of the inauguration of the Republic, which cost neither a regret nor a drop of blood, and which brought with it so many hopes to be realized, not all at once, but with the slowness and maturity which effect great things in life. That inauguration cap tivated all hearts, and if I brought to this tribune the confidential declarations of the heads of the great monarchical parties, you would be convinced, as I am, that at that great period at which men elevate themselves above all personal considerations, there was in all minds but a single sentiment—a sincere, loyal and complete acceptance of the Republic.— (Prolonged movement.) But for some months back, all that feeling has changed —the universal confidence at first felt has been changed into distrust, into a kind of disaffection. Whence arose that change ? The days of May and of June, the embarrassment of our financial crisis, the general distress, the difficulties of the situation, all served to bring it about. Every one contributed to it—some wished to exaggerate their republican zeal, to carry it too far—others said to the people—" Behold the republic is the sub version of family ties and property—it is ealumny and violence pursuing the best citizens by their de nunciations." From department to department, from one country district to another, these declarations were made ; and thus it was by calumnious assertions that all enthusiasm was cooled, all affection for the Republic lessened. And is it in such a state of things that we are recommended to declare to this country, in so great a proportion set against the Republic, that we deprive it of the exercise of its sovereignty, that we banish it from its own Republic, as for thirty-four years nine-tenths of the electors were banished under the monarchy ? If I wanted to discredit the Re public, I could not invent anything that could prove more fatal to it ; but if I wanted to draw back to it the heart of every citizen, I would say to him, " Reflect, judge, and choose yourself, amongst your fellow- citizens, him who inspires you with most confidence; he will not be your master, but he will be your highest personification, your head, your moderator, the regulator of your republican institu tions, the guardian of your honour, and your for tunes." It has been said that we want to place the functions of the President too high, and that his influence will exceed that of the Assembly. I for my part maintain that ,the President nominated by the Assembly would not be anything else than a part of the Assembly, and not a distinct function ; and that the ex istence of such a power would still more tend to weaken the respect of the people for the ehief power; universal suffrage alone can give it strength. When uni versal suffrage nominates a President, what else is it than that each citizen strips himself individually of his sovereignty to invest with it not a man, but a strong Government. Now look at the other system, that of M. Flocon. Were that adopted, the Presi dent, in place of issuing into open day from the urn of the people, would come forth in the midst of the Assembly by a majority of 60 or 30, or even 3 or 4 votes.—(Sensation.) I say that probably he would be elected by some petty majority; his name would he inserted the next day in the Moniteur, and all would be said. Are you aware what would happen ? Envy would come forward, and seek out the reason of each of your votes. "You," it would say to one, " you voted for the President because you are his relative, and because you want to aggrandize your self by his means."—" You," it would say to' an other, " gave him pour vote because you are his par ticular friend, and you imagine that his high postion will cast eclat on yourself."—" You," it would say to a third, " voted for him because you wanted an embassy !"—(Loud murmurs, interruption.) The Hon. Gentleman here suspended his remarks for two or three minutes whilst the lustres were being let down from the ceiling. M. de Lamartine went on. I was remarking that the vote of the Assembly would excite suspicion. I believe firmly in the incorruptibility of the mass of the citizens ; and on the other hand, I have no doubt that unworthy motives would be attributed to the members of the Assembly. Would not that consi deration, were it the only one, be a powerful extenua tion of the arguments of the partizans in favour of the nomination by the Assembly ? It has been ob jected that a president emanating from the popular suffrage might become the founder of a tyranny. What ! you speak of the excess of strength in an exe cutive power which succeeds to an overturned throne I THE SUN, LONDON, MONDAY EVENING,_ OCTOBER 9, PM,