The Express.
London, England, 1848-05-17 00:00:00

freweLmstic.hit dibrabt t;rl,ener"midi!'n'adrioVii:yrssuofspleion as to.
thile being an unusual proceeding, or one which might not
be adopted in CS-(1 of a hostile message front one gentleman
to another. But, gentlemen, I did not exhibit this informa-
tion without having previously submitted to the grand jury
an indictment which was substantially the same, when a but
was found against Mr. S. O'Brien. So far u that gentleman
is concerned I am bound to say that no unnecessary obstrue.
tioa or delay was offered, but three gentlemen were arraigned
at the same time, and one of them objected to the finding
of the grand jury on the ground that one of its members was
also a member of the borough council. Not being quite clear
as to wheth, r this was en unfounded objection, it was thought
more advisable to proceed at once by information against
Mr. S. O'Brien, became, although he had not made the plea,
he might have also availed himself of it subsequently to
bring the matter, by writ of error, before the House of
Lords. Having explained the reason for the course now
taken, I shall proceed to call your attention to the speech
which forms the subject of this indictment, and I think it
will not be out of place also to mention the time, place, and
circumstances under which it was delivered. The place was
a meeting of a body called the Irish Confederation, with the
opinions of whose members I have nothing to do ' • but ! think
it right to mention that it separated from the body of which
the late Mr. O'Connell was the head, principally because
that gentleman thought it was stepping beyond the strict
bounds of legality. Mr. O'Connell always held that
constitutional rights eh iuld be sought fur by peaceable
means, and I should be the last peteon in the world to sug-
gest a doubt as to the right of every subject of a free elate
to teek by all le.sitimate meats whatever constitutional
changes he may think necessary. But certainly I do con-
demn any individual who shou:d arrogate to himself the
power or right of endeavouring to effect changes he may
think necessary through the medium of rebellion or civil
war. This speech was delivered at a meeting, the tenet of
which, taken from the lips of Mr. O'Bre n himself, is that it
would be right to obtain by force of arms whatever conees-
lions might be refused by England. The time was within a
short tortnight after the time when monarchical institutions
had been overthrown in France and a republic established
in their place. But with those circumstances, whether they
justified, as 1 believe they possibly did justify, overthrow
of the monarchy, we have nothing to do. I trust there is
no gentleman in that box, who would link himself to a
party seeking to re-enact similar scenes in this country.
The object for which the meeting was held, was to vote an
address from the members of the Irish Confederation to the
citizens of the Frenes Republic. I shall read a considerable
portion of the speech, and then ask you calmly, whether
you can entertain any doubt as to what were the objects
and aims for which it was delivered. Mr. O'Brien com-
menced by stating that a manifesto had been received from
the Yougbal Confederation, declaratory of the right of the
people to enforce their constitutional claims by arms, and,
having taken that as a text, he proceeded to make a my
long speech, of which I shall- read no more than is abso-
lutely. necessary for the elucidation of the charge in
the indictment. I shall merely call your atteu-
, tion to those points which, in my mind, piece
beyond doubt the objects and intentions of the speaker. The
first extract to which I shall call attention refers to the land-
lords. Mr. O'Brien said
" And now, with regard to the landlords, I was in hopes
from the manner in which they came forward at a great
meeting that was held in January, 1847, that they were dis-
posed to throw themselves upon the people; but I regret to
say that those hop a have been inieerably disappointed.
They appear to prefer to be trampled under foot by England
—to be insulted in their honour and ruined in their proper-
ties—rather than place any confidence in their own fellow.
countrymi n. At all events, we must do all we can to win
that class to join us; but, as their friend, I feel it to be my
duty to warn them, that, if any struggle should take place,
and that they be found acting against the Irish people, it is
by no means improbable that if the Irish people succeed,
their estates will be sold as national property, or the produce
of them carried to the credit of the national exchequer."
Can there be any doubt as to the meaning of that allusion?
Will any of you, gentlemen of the jury, concede the
principle, that if you do not agree in the doe•
trines laid down by the speaker, your prop-rty
the fruits, perhaps, of a life of honest industry is to be trans-
ferred to the national treasury. The next paragraph is
addressed to the soldiers and constabulary. Mr. O'Brien
proceed, to sly:
We must also be prepared to fraternise with the soldiery
of the British army. Above one-third of the whole military
force of Great Britain consists of Irishmen; and nothing will
convince me that those gallant countrymen of ours would
take part against their fathers and brothers in a struggle fur
the national rights of Ireland. Much reliance is placed upon
the Scotch soldiery; but they, toe, are children of the Gael
like ourselves ; and those -brave highlanden, who speak
the same language as ourselves, who have a common
ancestry and kindred ties with us, will net imbrue their
hands in the blood of men contending for the success
of a righteous cause in a laud in which they receive in
every home a welcome and hospitality. We ought also to
fraternise with the police force. They are a line body of men.
They are 10,000 in number ; a noble foundation for a na-
tional force. They are Irishmen as well as ourselves; and,
believe me, they will stand up for their country in her hour
of need. An Irishman does not lose the sentiments of a
patriot by handling a musket, whether he be clothed in red
or green. Not only am 1 desirous that th- re should be union
amongst all classes of Irishmen, but I tell you that you
should fraternise with the repeaters of England. It has been
too much a custom, during the repeal agitation, to encourage
sentiments of hatred against the Saxon. For my part, thank
God, I hate no living man. I late oppression from my soul;
and, to uss Mr. Kenyon's expri salon, I hate the oppressor in
his official capacity ; but I would have you to re member that
several millions of Englishmen are favourable to your claims,
and are prepared to assist you to vindicate them."
Is it necessary to ask you what could be the object of such
allusions? Is it not either to t, rept the army to join the
outbreak, or at all events to persuade those who might be
deterred by fear of the soldiers or police, that both then'
forces might be looked on rather as friends than foes ? The
next portion of the speech on which 1 shall ark you, gentle-
men, for a verdict, is that portion which advises fraternisa-
tion with the republicans of France. Mr. O'Brien says:
" Need I add that you ought to fraternise with the people
of France ? Now, lam sorry that some observations winch
fell front me at our last meeting, with referents to a French
invasion, were misunderstood. I meant to say this, if we
had our own 'parliament, and an unprovoked attack was
made on England, it was exceedingly probable that the people
of England would find that the Irish people were their best
allies. As long as the people of Ireland are deprived of
their rights, how can England expect that they should fight
her battles if she were threatened with invasion, or even look
upon a French army in the light of intruders ?"
1 ask you, is this language to be used by British subjects
who have sworn allegiance to her Majesty ? Let me presume
that Mr. S. O'Brien has persisted, d himself that the repeal of
the union would be expedient. I consider his right to hold
that opinion, but can anything justify the use of such lan-
guage at such a place, and at a time when we did not know
the moment when we might be involved in a war with
France ? What was meant by ,his fraternisation with fo•
reigncrs hardly needs much explanation. le not the ten-
dency of observations such as I have quoted to encourage the
people of this country in the hope that, whenever they may
see fit to rise against the conrituted authorities, they may
calculate on immediate aid from the republic of France He
then proceeded to say :
" That the people of Ireland had ample proof already of
the sympathy felt for them by the people of America.
(Cheers.) They would also find a frit lid in the Cans lien
legislature, elected the other day, the majority of which are
favourable to the extension of popular rights. (Hear and
cheers.) He wished *hat circumstances would permit them
to send a mission to America on the part of the confedera-
tion. At one time he was anxious to go there himself ; but
though he did not desire the part of leader, he telt that it
would not he consistent with his duty to his country to leave
it even for three months. He thought it detOnble that some
able, eloquent man, should be sent on the part of the con•
federation to the United States of America ; and there could
be little doubt that such a mission would excite the sympa-
thies of the American people in favour of this countiy. (Hear,
hear.) He recommended the formation of an Irish brigade
in America, composed of Irish emigrants, which might,
hereafter, serve as the basis of an Irish army. After the re
peal of the union bad been effected an Irish army would be
required, and it would be of advantage to be able to core.
mud, at once, a force already disciplined."
At this portion of the traverser's speech be began to thick
he was going too far; and, consequently, in a following pas-
sage, there is an attempt to draw back; but there cannot be
the slightest doubt that the object of the speech was to in-
duce the formation of an Trish brigade in America, with a
view to the inyeeion of Ireland on the first favourable oppor-
tunity. Mr. O'Brien did not directly advise the formation
of an invadiatie army, only because he knew that it would be
treason, and that if he bad he would at this moment be
under trial for his li'e, instead of air misdemeanor involving
merely floe and imprisonment. I shall now call your atten-
tion to that part of his speech in which Mr. O'Brien advises
the formation of a national guard. He says:
" It would be recollected that a shut time ago he thought
it his duty to deprecate all attempts to turn the attention of
, the people to military affairs—because it seemed to him tnat
in the then condition of the coun ey the only effect of lead-
log the people's mind to what was called a ' gut villa war-
fare,' would be to encourage some of the misguided peasantry
to the commission of murder. (Hear, hear.) Therefore it
was that he declared he should not be a party to giving such
a recommendation ; but the state of affairs was totally diffe-
rent now., and he bad no hesitation in declari g that he
thought the minds of iutelltgent young men stiould be turned
to the consideration of such questions, as how strong places
can be captured and weak ones defended, how supplies of
food and ammunition can be cut off from an enemy, and haw
they can be secured to a friendly force. (Loud cries of
" hear ") They would be the future rappers and miners of
the Irish army, The time was also come when every lover
of his country should come forward openly and proclaim has
willingness to be enrolled as a member of the national guard.
No man, however, should tender hi-. name as a member of
that national guard unless he war prepared to do two things—
one, to preserve the state from &hereby ; the other, to be
ready to die for the defence of his country."
Now, what had happened in the short period to which
allusion is made to alter his views as to the formation of a
national guard.? The French revolution had bees achieved,
a circumstance calculated to unsettle the pubtic mind, and a
, crisis was going on which in Europe only England had been
able to withstand. What could any one suppose but that
the armament was intended to attempt revolution here
on the earliest possible opp irtunity ? Mr. O'Brien concludes
by importing for adoption the following address: [The
learned Attorney General here read the address to the
French people, which has already been frequently before the
public.) Gentlemen, my task is nearly at an end. I have
stated, and I trust not over-stated, the speech which has
been delivered by this gentleman. I hope I have not made
a comment which was not honestly and fairly suggested by
that speech. It is neither my inclination, nor my duty, as