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 ject 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 protect 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 of 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 two 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'Brien from arrest? But you will observe from what I 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 arrest—but whether that was exclusively the oh iect of all that has been done. The question, no doubt, as one of the intention of Mr. O'Brien and those who accompanied him—did he simply intend to effect his own personal security from arrest, or did he in ssnd to effect any object of a general character, whether a change in th e G overnment, a repeal of the Act of Union, or the separation of Ireland from Great Britain ? It has been 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 that 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 done, 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 indictment you will find to be as follows : aiding and marching in a hostile manner through divers villages, towns, and public highways in this country— to wit, at Ballingarry; 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 soldiers of the Queen ; at tacking and firing on a large body of con stables being then in the execution of their duty, and endeavouring by force and violence to make the consta bles join them in a public insurrection and rebellion against the Queen. Then follows the charge of an attack upon a certain dwelling-house at Farrinrory, and firing upon the constables therein. These are the overt acts. They must each or one 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 commence. The 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 antecedeut 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 ho 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. But when the question is, what was Mr. O'Brien'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. I shall now call your attention somewhat ill 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 any thing 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 accuracy 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. Duffy, 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 occasion. The 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 t o (70, and did go, a s one o f th e d eputat i on to present the add; cis. 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 he 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 var i ous ot h er persona. A great d ea l 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 CRIER JUSTICE continued—So far as 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 relevant 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 in the actual possession of or on the person of the party charged, can be given iu evidence ; and it is insisted on the part of the 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 stance; attending the finding and production of these papers ought in your 'judgment to have the effect of fixing ;Mr. O'Brien with the possession o f 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 sires Mr. if Brien's; but it is contended on the part of the prisoner —and this is a point for your consideration—that the portmanteau was nor obtained under such circumstiinc; as to make 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 possession, and that during that time, and before it came into the p3atliiloll of Ow Cr9WP I somebody might have opened it, THE SUN, LONDON, MONDAY EVENING, OCTOBER 9, 18181 Nona. ZOOLOGICAL RECREATIO THE NEW AND REVISED EDITION Of this Work iB now fteiiZl; for Delivery at all the Booksellers. 1 iol. 10s. 6d. "No work in our language is better calculated than the Zoological Recreations to furnish a hand-book which may cherish or awaken a love for Natural History."—Quarterly Review. Henry Colburn, Publisher, 13, Great Marlborough-street. r rHEATRE ROYAL, COVENT-GARDEN. JL Mr. BUNN has the honour of announcing that he will OPEN this THEATRE for the usual Winter Season THIS EVENING, OCTOBER 9, When will be performed the Opera of MARITANA, and the Ballet at THE AMAZONS, and being enabled by an arrangement entered Into with the Directors of the Royal Italian Opera to avail himself of the ♦ast resources of that celebrated Establishment, the Entertainments will be supported by a mice en scone never yet given on the English stage. With the view of representing the Performances submitted to public patronage in an equally efficient manner, he submits the names of the principal Artistes with whom he has entered into engagements : FOR GRAND OPERA. SOPRANI Ann CONTRALTI.—MdIIe. Nissen (principal singer from the Imperial Theatres of Italy and St. Petersburgh), Miss Homer, Miss Bassano, Miss Wallace (sister of the composer, her first appear ance), Miss Nelson (her first appearance on any stage), Miss Messent, and Madame Stoltz (the renowned singer irom the Grand Opera at Paris). BASSES AND Baarrorms.—Mr. Ronan!, Mr. Whitworth, Mr. Bur dini, Mr. H. Cord (principal buffo from the Theatre Royal, Dublin), Mr. 5. Jones, and Mr. H. Phillips. Talloas.—Mr. W. Harrison, Mr. tierberte (his first appearance on the London stage), Mr. Barker, and Mr. Sims Reeves. . . - The Orchestra has been entirely re-arranged, and selected from tho first talent, on a greati Signor Schira. Y Increased scale. Musical Director, 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. Mdlles. Plunkett and Sophie Fuoco (both from the Grand Opera de la Nation, Paris), Mdlle. Celeste Stephan, Mdlie. Moncelet,lle. Gaillot, 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. Desplaces (both from the Theatre de la Nation, Paris), M. Jules (from the Grand Opera La Scala, at Milan), M. Paul, Mr. W. R. Payne, Mr. T. Matthews, Mr. Cormack (from the Theatre Royal, Liverpool, his first appearance), M. Mazi- Her (his first appearance these eight years), and the most renowned Dancer now on the Continent, M. Durand ; with a more numerous and 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 with great success in Paris). and a row grand Ballet by M. Barret (expressly composed for Mdlle. Plunkett.) The celebrated Opera of " Haydee" (the last production of Messrs, scribe and Auber, and adapted to the English stage by Mr. Layenu), will be instantly produced. _ . A grand Opera, in three acts, composed expressly for this Theatre by Mr. W. T. Wallace. " The First Wulpurgis Night" (tit^ Poem by Goethe, and the Mu sic by the 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 Int time by J. P. Planche) is in preparation, and will be produced as speedily as the magnitude of the subject will permit. A new grand Opera, entitled "Kenilworth," by Signor Sehira ; and a grand semi-eerie Opera, composed expressly by Mr. W. Balt.. An entirely new Ballet will be produced for the debut of Mdlle. Maywood. Numerous treaties are pending, and amongst others, an answer is daily expected from the celebrated Herr Pischek. Principal Scene-painters—Messrs. Grieve and Telbin. Property Maker—Mr. Blamire. Ballet Masters—MM. Barrez and 3fazilier. Under Ballet Master—Mr. B. Barnett. Stage Director—Mr. G. Ellis. ENTRANCES AND PRICES OF ADMISSION. Grand Entrance, Bow-street.—Grand Tier Boxes, 31. 3s. ; First Tier Boxes, 21. 2s. and U. 1 Is. 6d. ; Pit Boxes, 2/. 25.; Stalls, 10s. 6d. ; Single Admissions to a Private Box on the First Tier, 7s. Bow—stree t 3s. 6d. ss. ; Gallery Amphitheatre, 25. 6.1.; Gallery, Is. 6d. Half-price to take place, as usual, at Nine.—To the Public Boxes. 35.; Pit, 2s. ; Amphitheatre Galley, ls. 6d. ; Galley, is. Doors open at Half-past Six, performance to commence at Seven. The Box-office Is open from Ten till Five, under the direction of Mr. John Parsons. THEATRE ROYAL, /DELPHI. ender the direction of Madame Celeste . Daring the Recess this Theatre has been entirely re-decorated, the original designs by Dizby Watts, Egg , executed by Mr. Sang. A new Stag*, Curtain, Act Drop, and Chandelier. An approved sys tem of Ventilation, &c., &c. The private Boxes enlarged, Backs added to the Beats, and Stalls rendered more comfortable. THIS EVENING Will ISO performed THE WHITE HORSE OF THE PEPPERS. After which, THE DANCING BARBER. To be followed by HIS LAST LEGS. To conclude with THE MARRIED BACHELOR. ILOYAL LYCEUM THEATRE. Under the Management of Madame Vestrls. Sole Lessee. Mr. Charle s Mathews. THIS EVENING, Will be performed a comic Drama, en titled ANYTHING FOR A CHANGE. Characters by Messrs Harley,C. Mathews, Honner; Miss K. Fitzwilliam, and Miss Marshall. After which, COURT BEAUTIES. To conclude with TIIE CRITIC. Dress Boxes, ss. ; Upper Boxes, 4s. ; Pit, 2s. ; Gallery, Is. No •alf-price to any part of the house. The New Box-office, No. 2, Wellington-street, is open to the Public every day, from Ten till Six. PRINCESS'S THEATRII. Mr. .1. 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. An ew Chan elier has been fitted, and the best arrangements have been made for he due Ventilation of the Theatre, and the comfort and cony ealence of the audience. THIS EVENING, Will be performed the Opera of LA VIVANDIERE. After which, PAT ME! OR IF YOU DONT- To conclude with the Ballet of LA ROSIERE. TO CORRESPONDENTS. go 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. Tunamomarza, Lowest, 58; Highest, 68; Noon, 66, BA. ROUTER, 30.09. WIND W. ; light breeze, with sunshine and clouds. OCTOBER 9. THERMONLETEU, Lowest, 51; Highest. 65 ; Noon, 60, BAROMETER, 29.90. WIND S.W.; small rain and thick weather. HIGH WATER AT LONDON BRIDGE THIS DAY. Morning .. S min. after 11 1 Evening .. 36 min. after 11 ~ r.t . 4. 4 't , , e,... '',. d 5 rei , ~k,.... j 5 / 1 4 ) _ft .1 i .,•: , , ,i •_, ~,„, • u,,,, . i'• ,i' 4.74 7. ''' ''' ... .- ' -i, '? -V 5 .". - r t , -., - ,_' - • ' ~;Orak , , ....' sri: 4 •'`', ~...`. ,` P -4- ? ' =' t I - - 11 " #,,,,, .4. 7 - - , ... , ....'t ~,- ,i , ...... . li. z .:_Dik t , - , ,,,,i,,,,,, , .. •M ° ''. i0,',., 0r."..4 . , - • '',.r.-"it: .- ~. .. • 7 i l b; ~ ^ ~.... . V. 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 nature 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, from 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, from 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 10th of May, and must have been 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 in Philadelphia a body acting n the subject of Irish affairs, and a body was formed in America for 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 liberty. 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 arevelutionary 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 which follows, and in one of his former speeches the mission to America is distinctly alluded to by Mr. O'Brien. Mr. Meagher says, " I am o ff to New York to in vo k e sympathy and"—(the Learned Judge then read the letter in question). These two docu ments connected with the declaration of the intention to send a mission to America by Mr. O'Brien, are most important, as showing the object of the intended movement there. The next document is an important letter 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—" Duffy's plan, my Lord "]—was to form a great body of persons to effect their object through the medium of certain measures therein specified. This letter was, as you will observe, from Duffy to O'Brien. It was found in O'Brien's portmanteau. And whatever value you may , attach to it, it is for you to explain 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 forward 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 ono 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. He became a member, as he says himself, for the purpose of " couster-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 tar 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. He 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 guestion 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. WHITESIDE—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 CHIEF 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 whom 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 he 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 to me whether upon consideration of the subject, I should advise you to say there is not some 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. WHITEIIDE requested his Lordship to instruct the jury that Father Kenyon's name appeared on the balloting papers, though the witness Dobbin stated that no prie s t wou ld 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 CRIEV JUSTICE did 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 no 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 one question. The witness Dobbin stated that his club was not called. Then, how cornea it that be 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 21st; the day on which the 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 CHIEY JUSTICE—He 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 clubs. I do not understand how he could have been there if his club was not acknow ledged. The LORD CH/EP 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 possibility of bringing evidence to confute the testimony of Dobbin? 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 of the clubs, has been hunted down by the Government, and that it would be impos- Able to bring thew forward to contradict it, A juryman —It 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 Mining Company, which he read, and then remarked that he wished to heaven the contents of that letter could 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. WHITESIDE, 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. He, 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. The object of his testimony 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 Dalton. The former asseverated, in the most solemn manner, that he had never before seen Dalton in his life. The CHIEF JUSTICE resumed his charge, and left 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—is 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 m 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 leaned on the dock, apparently quite unmoved. After a lapse of ten minutes, during which the most perfezt 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 published 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 23d instant. The sittings at Clonmel will be resumed in December. DEATH GF 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 4th of September, 1825, having married on the 21st of March, 1801, Lady Georgians Dorothy Cavendish, &ugh , 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 Lasceiles, 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 Stanley, the Hon. 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 Christ Church, Oxford, where he took a high degree. In 1795-6 he accompa nied 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 Asti-Jacobin newspaper. Subsequently to the latter-mentioned period, the Noble 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 bis 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 Lordship was in subsequent ' Cabinet, without holding any office. For some years past he has remained in retirement. The deceasee Earl was formerly Lord• Lieutenant of the East Riding of 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 the company, we are desirous of directing public attention 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 annoyance from intrusion, or the possibility of any questionable society; and every part of the theatre, even up to the galleries, is fitted up with becoming luxury. ASTLEY'S THRATRE.—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 patrons in the production of novelty and equestrian spec tacle, is about to remove with his troupe to Edinburgh, where, no doubt, he will meet with the success his ability :is a manager so well merits. The docility of his horses and the athletic skill of his artists have never been sur passed in this eountry. PROPOSED VISIT OF FRENCH NATIONAL GRARD3 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 former place propose giving their Havre friends a hearty welcome. ALDERMAN JOHNSON.—W e regret to state that this worthy and much-respected member of the Court of Aldermen has been seriously indisposed during the past week. We are glad to add that last evening he wai reported to be Dutch better.—Sunday 'ir betning .51,11". LONDON, MONDAY, OCTOBER 9, 1848. and most powerful illustration was afforded at Clon mel the very same 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 in 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 for the cross-examination of the suspected parties, and wit nesses to contradict any erroneous statement that might be made, had been prepared and placed in the hands of the 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 existence there was no concurring proof, was produced. His evidence bore hardly upon the pri soner. If credited it would negative the view sug gested by Mr. WHITESIDE, that the whole of the proceedings at Mullinahone, Killenaule, and Ballin garry, had the object only of protecting the prisoner himself from arrest, and did not support the intent of a general levying 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 previous history could have been known, and damnatory facts brought forward against him. All were at fault, 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 by Mr. WHITESIDE, 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 DOBBIN 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 be 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 I 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 imagine • tions of an auditory away in a whirlwind of enthusiasm. He soared immeasurably above all hi 6 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 opfrees liedc etniuponelect i on n t t fo h t e ht her:o F r enchpm reensitdo Presidency—whether, s bw t l i ih o c n a e tshh s eoru t , o lidn t he manner bshe ort, chosen the oblfny this h h ies d i scuss i ngNationalg gr e at a t problem,t h e A d si ffi s e c m ut b hl t l ei y eos o r r a at no b universal orator gradually reve suffrage.revealed l responsibilities ed 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, The and debate eahnded has been u enn abbreviated outcry tedb ythoisf magnificent discourse, and the decision of the national represen tatives arrived at without further hesitation. After perusing the speech which has accomplished 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 I 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 anthority ! The right Divine ? It is nothing more than the sanction or benediction of the priesthood bestowed upon the royal dynasties ! It is now a long time since this sign became nothing more than a As we anticipated on Saturday, the trial of Mr. SMITH O'BniEN was brought to a conclusion on that day. At a little after five o'clock 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 posed upon them. They have, in accordance with the solemn obligations by which they were bound, recorded a decision branding as a traitor a high minded and enthusiastic 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 convicted. In the propriety of this recommendation we most fully 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 ment 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 illegal and unjustifiable m eans. Apart, however, from the general question, as to 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 tribunal on the points submitted by the Learned Counsel for the defence, and Voich may probably form the subject 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 i n proper time. On Saturday we pointed out the reasons why thi s 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 6f mercy to the prisoner An oid4ional 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 tnus address themselves to the different repre- 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 powerjwould 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 been 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. What, 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 -os precarious candidateship ?—(Hear, hear, and loud We have received the Paris papers of Saturday and interruption.) What ! that Government, which had yesterday. all the means of power, and which rather fell of itself On Friday the discussion on the article of the than was overthrown, would endeavour to return at t Constitution regulating the electi on o f P res id ent was the end of si x mon th s , concea l e d i n a b a ll ot i ng urn ! continued, and the following brilli an t s p eec h i n favour No, the thin g i s i mposs ibl e .—(A pp l ause. ) voice from th e L e f t —A n d B onaparte? of the election by universal su ff rage was delivered M. de Lamartine—But if that is impossible with by M. DE LAMARTINE : regard to the two dynasties which I have just alluded If every speaker is to experience embarrassment in to, is it not equally so for another ?—(Hear, hear.) coming to discuss from this tribune a question so For since you declare that supposition ridiculous and complicated, and one on which opinions are so much impossible for those two dynasties, you must there divided, it is at least pleasant to appreciate and ad- fore imagine that there is some other left. I will mire the men whom he comes to oppose. raise the secret veil which falls over the minds of the Numerous voices—Speak louder. We cannot hear. Assembly and of the country. I will do it with all M. de Lamartine—l say that independently of the the reserve due to Honourable Gentlemen who s sit in embarrassment which a political man feels when this Assembly, and with the frankness which I owe giving his opinion on one of the questions the to the greatest of public interests. At another period, most wavering, and the most undecided in the when we considered there was something incom opinion of th e coun t r y, an d i n our own, t h ere is patible between the f oun d a ti on o f t h e R epublic and something painful in opposing those he appreciates its possible establishment, and certain names whose ' and admires. I shall, however, endeavour to put only crime, be it remembered, is our glory.—(Pro aside these preoccupations. The Hon. Representa- longed agitation, and cries of " Hear, hear.") I beg tires who yesterday and to-day spoke on this question the Assembly to abstain from those interruptions, have, to my great regret, confounded in the discussion which not only break the thread of the discourse of a the five articles which, in the draft of the Constitution, speaker, but derange his ideas and expose him to say tend to constitute the Executive Power; lam com- things less worthy the attention of the Assembly he pelled to follow them for a moment in the generality is addressing. I repeat, when we thought that cer and in the specialities of their arguments. The taro persons, whose only peril, whose only crime is a question has been for the last two days not only to reflection of glory, were a danger for the Republic, I decide whether the President of the Republic shall be proposed myself from this tribune not an act of severity, elected by the people, or by the National Assembly, for I could never be guilty of such a thing, but a but also w h e th er t h ere b e a President; w h at shall be postponement of some mont h s b efore restor i ng to the form of his government; whether it shall be in those individuals the complete enjoyment of their one or more hands; if it shall be arbitrarily subject to rights. You decided otherwise, and I bowed before the opinion o f th e ma j or i ty ; i f i t s h a ll b e tr i ennial or your will. But w h a t occup i es all minds is the fear quinquennial. All th ose po i nts have b een called i n that the fanati c i sm o f certa i n men may mistake a question. Just now it h as b een recommended to us duty, and attachin g th emse l ves to t h e heirs, Ido not to constitute a temp orary an d trans i tory power, de- say of other pers ons ' g l ory , f or g l ory i s a matter to ficient, from that ver y cause, o f all those condit i ons which relation s hip g i ves no r i ght, b ut to that fame of fixity necessary to terminate the re volu- which carries away so easily a nation like. ours, may tion, which is now becoming unravelled, and create what you and what I myself look on as a dan ger. Is such a d anger rea l ? I cannot say; it is not she they the Republi c s h a ll or s h a ll no t h ave a g which we now constit u t e . T o t h e quest i on whe iven to me more th an to you to lift up the veil of the President, I shall only reply to this by a very few future, but permit me to say that lam convinced that words. I refer to history, and I see that all French the heirs of whom I speak do not think of any attempt Assemblies, all those who have seriously wished to at usurpation ; they have declared it themselve in this constitute a government, have admitted, and sought tribune, and I believe their word as honest men. No, to carry into practice, that distinction of functions. I they have no thought of that kind ; but around them set aside the word powers, which is not a proper there are groups of men, such as are always ready to expression, for the power must be unitary ; but you flutter about supposed ambitions, and who would be have it here. The question is of functions, and they disposed to turn to the profit of bad passions the greatest must be distinct.—(Marks of adhesion.) I see on the of our glories. But I say that these men would find t other hand the long Parliam en t, an d t h e C onvent i on themselve s m i s t a k en . T o e ff ect an 18th Brumaire two taking in hand not only, as was just now recommended, things are necessary —long years of terror behind, the Legislative and the E xecu ti ve P ower, b ut also the and in prosp ec t th e v i ctor i es of Marengo and of the power indispensable to complete tyranny, the judicial Pyramids.—(Loud applause.) But at present there power, and thus giving an idea of what has been is neither one nor the other.—(Hear, hear.) The been called a unitary power. I invoke that example, real danger of the Republic of February is its pas and I will tell you. If you think that the necessities sage through the perilous reflux which follows all re of the country demand that terrible intensity, that volutions. I will not affirm that France is not re power which is to be met with not as a n a pp ea l, b ut publican—l am per f ect l y convinced and I will as a scarecrow in our history; I will tell y ou — go t o analyse the matter b e f ore you one day, , if you permit the end, assume also the last, the judicial po wer , an d it, that if Fran ce i s no t yet repu b lican by her habits, then call yourselves by your true nam e — ca ll your - if she is still mon a r c hi ca l b y h er v i ces, she is repub selves the Reign of Terror.—(Agitation.) You w i l l .ican by her ideas.—(Movement.) Think of the not do so—the country does not wish it, and it is monarchy falling to pieces before a tribune not far right.—(" Hear, hear," and renewed agitation.) distant from that in which I now speak; think of the I will now say something of another form of govern- enthusiasm of the people saluting the magnificence of went, that of committees. The danger of that form the inauguration of the Republic, which cost neither is its irresponsibility ; an irresponsibility terrible, a regret nor a drop of blood, and which brought with because it is anonymous, and which is led away not it so many hopes to be realized, not all at once, only in our time, but in history, to such a point that but with the slowness and maturity which effect we who have read, and who have written, the history great things in life. That inauguration ca of the great epochs of the Revolution, we are obliged tivated all hearts, and if I brought to this tribune to admit that it is impossible to attribute to wh om it themselvesamt h o e ,n c ta o hr n ca confidential idac b etanl that declarationsatpiaaolrvteigreat s a , all yo personal pu b eperiod wouldio d a theof t wehheiacdhs convinced o f men the g asrestl elevate is due the remuneration of gratitude, or of honou r , which any particular act may deserve, and which we m can not say if it proceeded from C o ll o t d'H er b o i s, considerations, there from Barrere, from Robespierre, or from Denton.— was in all mi n d s b ut a single sentiment—a sincere, (Agitation.) The government of comm itt ees h as loyal and complete acceptance of the Republic.— (Prolonged movement.) But for some months back, another inconvenience, which app ears i ncompatible with that which I have just me n ti one d, an d which is all that f ee li ng has changed —the universal confidence not the less real; governments with several heads are at first felt has been changed into distrust, into a kind always weak. From a natural consequence of the of disaffection. Whence arose that change ? The clashing of convictions and w ill s, the Government days of May and of June, the embarrassment of our directed by several heads, is composed of reciprocal financial crisis, the general distress, the difficulties of concessions, of delays, of compromises, and is not that the situation, a ll serve d to b r i ng i t about. Every which suits great epoch s , or t h e period of crises in one contributed to it—some wished to exaggerate which we live.—(Hear.) I now come to the question t he ir republican zeal, to carry it too far — o th ers which has more p ar ti cu l ar l y excited my atte - • said to the people—" B e h o ld t h e repu b lic is the sub thention— form of nomination of the President byyou, or version of family ties and property—it is calumny by the country. I yesterday listened with sinere and violence pursuing the best citizens by their de and conscientious anxiety to the remarks which were nunciations." From department to department, from made by an Hon. Representative (M. Parieu), but one country district to another, these declarations were the considerations developed by that Hon. Gentleman made ; and thus it was by calumnious assertions are not new to me. I have also read and studied the that all enthusiasm was cooled, all affection for the constitutions of other nations in which monarchy has Republic lessened. And is it in such a state of things recoiled before the forms of liberty. lam acquainted that we are recommended to declare to this country, in with the Unit e d States with Venice and Gen oa I so great a prop o rti on se t aga i ns t t h e R epublic, that we , , ; am aware in our own hi story of the system of '93 ; I deprive it of the exercise of its sovereignty, that we have seen that combined mechanism according to which banish it from its own Republic, as for thirty•four twenty-five can did ates were po i nte d out from amongst years nine-tenth s o f th e e l ec t ors were banished under whom was t o b e c h osen th e P res id ent of the Re- the monarchy ? If I wan t e d to discredit the Re public. I have endea vou r e d t o ren d er t o myse lf an public, I could n o t i nven t anything that could prove account of all these systems, and I d ec l are th at I more fatal to it ; but if I wanted to draw back to it have there found no information, no certain evidence the heart of eve r y c iti zen, I would say to him, no application of a great and general principle which " Reflect, jud ge , an d c h oose yourself, amongst your fellow-citizen s , hi m w h o i nsp i res you with most could enlighten our minds. M. Parieu yesterd a y. adduced the example of the Unit e d St a t es , o f S w i tzer- confidence; he will no t b e your master, but he will land, and of Holl an d, w h ere th e nom i nat i on of the be your high es t person ifi cat i on, your head, your Presidents was ma d e b y t wo d egrees —even by three moderator, th e r egu l a t or o f your republican institu tions, the guardian of y our h onour, and your degrees in on e o f th ose repu bli cs ; but, he must tunes." It has been said th a t we want to place the for allow me t o o b serve , t h at that example applies as functions of the President too high, and that his badly to the queston of the nomination of the Presi- functions of the President too high, and that his dent as to that of the single Chamber. Those re- influence will exceed that of the Assembly. I for my dent as to that of the single Chamber. Those re part maintain that the President nominated by the . Assembly b would not be anything else than a part of the publics which have been cited to us are Federal States, what was to be personified in their Presidents t ssem Assembly, and h not a distinct function; and that the ex es of such the apower would still more tend to weaken was not the expression of individual value, but of a ! k Federation. That is the secret of the constitutions of those countries. But France has nothing analo- I t s h the e r e e people for the chief power; universal suffrage respect can . give it strength. When gous to these federations, which are held up to us as versalsuffra e nominates a President, what else is it uni examples, without understanding the nature and than that each g citizen strips himself individually of necessities of our country. Gentlemen, lam tempted his sovereigntyGo to invest with it not a man, but a to leave these historical considerations, and which are strong Government. M. vernment. Now look at the other system, merely accessories to the question which is submitted thatFlocon. Were that adopted, the to us, and to enter into those which now engage the dent, of in place of issuing into open day from the urn Presi attention of the country. Yes, gentlemen, lam °f the seople, would come forth in the midst of the tempted, when I think of the religious attention which s by a . majority of 60 or 30, or even 3 or 4 is given in this Assembly to the most elevated ques- Assemblyvotes votes.—(Sensation.) I say that probably he would tions, when I think to what understanding, I address be elected petty majority; . his name would myself, I am tempted, I say, to speak with open be inserted by e em A n e e re xt day in the Moniteur, and all would be said. youawarewhat k would happen ? heart before you and before the country,. If the question WAS only to determine on such or such a mechanical Envy would come forward,,,and see out the reason combination, it would be soon done- We should say of each of your votes. to ourselves, this people, which effected the revolu- You," it would say to one, you voted for the President because you are his tion of February, is unitary par excellence; it is relative and because you want to aggrandize your self by' his means."—" You," it would say to an therefore from its bosom that should proceed, not the other, " gave him pour vote because you are his par tions of power, for it is repugnant to my feelings ticular friend, and you imagine that his high portion to use that expression, but that distinction of func eclat on yourself."—" You," it would say tions which the Constitution requires. The people, will cast to a third, " voted for him because you wanted an be it remembered, were jealous—such was at all embassy !"—(Loud murmurs, interruption.) times their nature—and susceptible, for they had been The Hon. Gentleman here ' suspended his remarks so often betrayed. Well, then, let it not be attempted for two or three minutes whilst the lustres were in this question of the Presidentship to give the being let down from the ceiling. people reason to suppose that we want to deprive them of their right of election—let that right be ac- M. de Lamest'l was remarking that corded to them largely, fully, and sincerely, without the vote of Assemblyine went on. . would . excite . suspicion. I believe firmly in the incorruptibility of the mass of any reservation, without any desire to keep anything the citizens; and on the other hand, I have no doubt back from them.—(Loud cheers.) In a Republic what constitutes the force of the Government ? The that .unworthy . motives would be attributed to the power in Republics is entirely in popularity or not members of the Assembly. Would not that consi at all • not that fugitive and restless popularity deration, were it the only one, be a powerful extenua motive,which' departs without reason as it comes without Co of but that other popularity of reflection which theill the arguments of the partizans in favour of nomination by the Assembly ? It has been ob- Assemblyaccumulates on all the names of the National • sected that a president emanating from the popular the sign of strength and the love of the country.—(H ear , h ea r.) That popularity, gentl e - suffrage might become th e f oun d er of a tyn exe ranny. men is the enti re p ow er, but it is possible that it m ay What ! you speak of the excess o f strength in an eu ,ive power which SliC t' oeeda to as overturned throne I sometimes exhaust itself or be led astray, if in sentatives—" Thou! Thou hast named the President of the Republic because he was thy father, and because in the aggrandizement of his position, thou didst aspire to the advancement of thine own family ! Thou ! Thou Irist given to the President of the Republic thy voice, because he was thy personal friend, and, because in the extension of his fortunes thou didst hope to enhance the magnitude of thy possessions Thou! Thou hast named the Presi dent of the Republic, because he has promised thee an ambassadorship—thou, because he has promised thee a prefecture.—(The orator was here interrupted by shouts of " Yes ! yes !" " Bravo !" and pro longed sensation.) Such are fragmentary portions of the harangue which has so profoundly moved the Assembly, and the reverberations of which are still thrilling in the hearts of the French Republi cans. It has already gone far 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 LAMARTINE himself, becoming to us a light, enabling us to peruse the destinies of France through the darkness of futurity. 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 LAMAR TINE ejaculated, in the language of the great Junius, "Alea facia 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 tinnily, the Republic not of WASHINGTON"—Of LAMARTINE ! THE FRENCH REPUBLIC.