The Sun.
London, England, 1831-01-21 00:00:00

MOST IMPORTANT.

(From the Dublin Morning Register of Wednesday.)
ARREST OF MR. O'CONNELL, MR. STEELE, MR. BAR-
RETT, MR. JOHN REYNOLDS, AND MR. LAWLESS,
ON A CHARGE OF CONSPIRING TO EVADE THE
PROCLAMATION ACT.
At ten o'clock yesterday morning, the house of Mr.
O'Connell in Merrion-square was visited by Mr. Farrell,
Chief Constable, and Peace Officer Irwin, who, upon being
admitted to that gentleman's presence, stated that they
had a warrant against him, issued from the Head Office,
on a charge of conspiracy to evade the proclamations re-
cently promulgated by the Lord Lieutenant. Upon being
arrested, Mr. O'Connell sent word to the Morning Register
office, that two of the reporters connected with that esta-
blishment should precede him to the Police-office, in order
that an accurate note might be taken of what should occur
there. Mr. Maurice O'Connell, Mr. Steele, and Mr.
Barrett, went to the Police-office previous to Mr. O'Con-
nell's going there. The two latter gentlemen, upon enter-
ing the Board-room, were informed by the Magistrates
that warrants were also issued against them, and that they
would be required to give bail.
' It was within a few minutes of eleven o'clock when
Mr. O'Connell, accompanied by Captain Morgan O'Con-
nell, and followed by Mr. Farrell.:entered the Beard-room.
Mr. Farrell said, here, your Worships, is Mr. O'Connell.
Mr. O'Connell walked quickly up to the table, and then
said, I wish to know whether you yourselves, or by the
directions of those of higher authority, have thought lit
to have me dragged, like a felon, through the streets—one
who is a householder of the city of Dublin, and a Member
of the Imperial Parliament—and that you have sent your
common thief-catchers to my house, without giving the
the slightest notice. I wish, in the first instance, that
this question should he answered.
Alderman DARLEY-We have acted under the direc-
tions of those of higher authority.
Mr. O'Connell—l ant glad of it—they may degrade
themselves, but they cannot degrade me. I now wish
to know if you have informations upon oath ?
Alderman DARLEY-We have.
Mr. O'Connell—l wish to have tliem read. I demand
that they shall be read.
The Magistrates here looked at one another for a few
minutes.
Mr. O'Connell—l demand to have any informations
upon oath that you have read to me. Mr. O'Connell
here put on his hat, and said, I mean no disrespect to you,
but lam a Member of the House of Commons—l am the
equal of the Marquis of Anglesea, and I am determined
to maintain inviolable the high privileges of which I am
possessed.
Mr. GaAvEs—We mean no disrespect to you, Mr.
O'Connell.
Mr. O'Connell—Then, gentlemen, I have no objection
remove my hat; but I do it out of compliment to you.
_ _

Major Sti;u—Will you take a chair, Mr. O'Connell.

Mr. O'Connell—No thank you, I had rather stand.
The Magistrates here conferred together together for a
few minutes, and at length Mr. Graves said—do you re-
quire the names of the informants ?
Mr. O'Connell—l do.
Mr. GRAVES-..-It is not usual to give them ; but I see
no objection to it, Mr. O'Connell.
Mr. Ross Cox, Clerk at the Head-office, here read the
informations, which stated that they were made by Robert
Franklin, and George Blegreve SRO!, Gentlemen, of
Grafton-street, in the city of Dublin, who, being sworn
before Alderman Darley and Major Sirr, deposed, that
they attended a meeting at the Parliamentary-office, in
Stephen-street, on the 10th day of January, and that the
chair at said meeting was taken by John Redmond, and
that speeches of considerable length were made on Various
subjects—the repeal of the Union—the Proclamation of
the Lord Lieutenant—the suppression of a society di-
rected by that Proclamation ; that Daniel O'Connell, Esq.,
was the person to address that meeting ; that he severely
animadverted upon said Proclamation ; that said act was
an act of despotism against his unfortunate country ; that
it was black in the annals of despotism ; that every Ito-
nest matt in the sight of God, should look for retri-
bution ! (The reading of this passage excited loud
lauglitt,r in the office.) That Mr. O'Connell further
said, that this was a most unjust and despotic Act of Parlia-
ment ; that Lord Anglesea's Proclamation had dissolved
thesociety, but he could not disperse him (Mr. O'Connell) ;
and he (Mr. O'C.) further said, that he meant to con-
clude by a vote that the association should stand absolutely
dissolved, and that he should stand in the place of that
association ; and that said passage in his speech was re-
ceived with loud cheers. That Mr. O'Connell then con.
tinned by saving, that the course which he would advise
would be, that any attempt to abridge liberty made it
necessary for them to have still more agitation, and that
for one association that was put down, they should con-
stitute others. That there was a proclamation issued,
and that he should propose three different modes of con-
tinuing agitation ; that Mr. O'Connell then proposed, as
a first resolution, that the intended society for preventing
illegal meetings should stand dissolved ; and then that
having got rid of that, he should stand in the situation of
it ; that he would appoint Mr. Dwyer as his secretary ;
that he would tell the people to submit to the law, and
even to the semblance of the law; that if a Magistrate
came to any meeting to disperse them, that they should
take care to tell him, that if he sent in a single policeman,
or an unarmed child, to lay his hand on each man, he
should then go off— _

Mr. GRAVES (to whom Major Sirr bad been speaking
for some time) here stopped Mr. Cox in reading the in-
formations, and said—Mr. O'Connell, this is a very long
information, it goes through the whole of the several
meetings you attended, and it closes, as the warrant does,
charging you with a conspiracy to defeat and evade that
proclamation, and marking the continuation of those
meetings from one to the ether, as you must have seen from
the perusal of the copy of the warrant. I think, then,
that it would be very inconvenient to have the whole of it
read.

Mr. O'Connell—lt is a most ridiculous charge. I have
been brought here without a summons. Your excuse for
so bringing me is, that you are mere instruments.
You Magistrates admit yourselves to be mere instru-
ments—mere tools. Why should you refuse to allow me

to hear the rest of the deposition ? For one reason only,
beciuse you yourselves must have felt, that as it was read,
it betrayed the gross absurdity of the charge. I now in-
sist upon your continuing to read those informations; and
though you have power at your back, I dare you at your
peril to refuse to allow the rest of the deposition to be real.
Alderman DARLEY—We have only one duty to perform,
acting, as we do, under the authority of Government.
All we now have to do, as magistrates, is to call upon you
to give bail.

Ir. O'Connell—What ! do you stop the reading of the
depositions by the clerk?
Alderman DARLEY-Certainly; because we act by
authority.
Mr. O'Connell—Well, as I am not to have the benefit
of the law in knowing who it is accuses me, and what it
is that has been sworn against me—though this most in-
quisitorial proceeding is adopted—let the warrant be read,
although it specifies very little. If the deposition had
been completely read,. I could have detected other gross
falsehoods, but you yourselves felt that when you stopped
the reading of it.

Mr. Cos here read the warrant under which Mr.
O'Connell was arrested. The warrant was signed by W.
Darley and Major Sirr.
Mr. O'Connell here addressed himself to Mr. Graves,
and said—Now, Sir, there is no criminal offence what-
soever charged in that warrant. There is not a shadow
of any thing which can be called an offence stated in it—

there is no statement of any violation of the common law.
The door of the Magistrate's private apartment was here
opened by a peace-officer, the door of which was a little
ajar, and a gentleman was seen standing by the door as if
listening ; he instantly darted behind the door out of sight.
Mr. O'Connell—There is Baron Tuyll in the other
room—l see the Lord Lieutenant's Private Secretary look-
ing in at us. You (to the Magistrates) are, indeed, I find,
acting under superiority. Mind Baron Tuyll is in the
other room, (to the Reporters) take a note of that. Let
me repeat, that as the King has not such an authority over
meetings of his subjects, the Lord Lieutenant cannot have it.
The door of the private apartment was again opened a
little.

Mr. O'Connell—Baron Tuyll may as well, I think,
come into the room at once.—(Loud laughter.) But
say, Sir, that the Lord Lieutenant has no more authority
by this proclamation for punishing a man for attending a
public meting, nor of so interfering with the rights of Ow
Irish people, than he would have to put his hand into my
pocket—to break into my house—to cut my throat, or let
loose the soldiery upon the people.
Alderma❑ DARLty—We, you know, Mr. O'Connell,
have but one duty to perform, and that is to require you
to give b lit, as we are directed by authority.
Mr. O'Connell—What—bail arrest without law ! ! !
You have issued your warrant :in the first instance, and
you are now bound to hear me, and see whether you can
ask for that bail.

Mr. GRAvEs—The Lord Lieutenant has issued a pro-
clamation, which you have disobeyed—you are charged
with doing so, and we must hold you to bail.
Mr. O'Connell—You are a lawyer, and should know
that you have stated that you ought to know is not law.
You say you will require bail...do, at your peril---at

your peril you will decide this point. I call upon
you to attend to this—the Lord Lieutenant's procla-
mation, authorised by the statute, is mere waste paper.
This is a position which I defy you to controvert.
There is, indeed, a statute which authorizes proclama-
mations, but that is a highly penal and unconstitutional
statute—it is not to be extended by any implication.
I defy you not to see that there is no charge against me of
having violated the statute—not the least. On the con.
trary. the statement in the warrant is that I committed no
offence. lam charged, in fact, with carefully avoiding
all offences ; that is called, evading the prcclamation.
How is the proclamation to be evaded ? Only by avoiding
its penalties. In other words, lam charged with avoid-
ing to commit any offence; and thus, because I avoid to
commit an offence, here are before me four Magistrates,
who first arrest me, and then call on me to give bail, be-
cause I took care not to commit any offence.—(Laughter.)
Mr. GRAVES—No, I: assure you, the same thing was
passing in my mind at the moment.
_ .

Mr. O'Connell—l don't doubt it.—(Laughter.)--I ask
you who ever heard before of disobedience to a proclama-
tion, without showing that the particular act which con-
stituted the disobedience had been done? You yourself
know that two Magistrates have given notice under that
proclamation, and if the persons had not dispersed
within fifteen minutes, you could have punished
them. You know that this act is a despotic act of
the most unmitigated quality—you know that it has
been called an unconstitutional act by the present Lord
Chancellor of England—you know this, or you will
soon know it, that he has called it a most uncon-
stitutional law, and because it is unconstitutional, do you
conceive that you are obliged to go beyond it, and, with..
out the slightest notice, issue a warrant against me ? I
am the King's subject; I am not yet under military sway ;
no paltry despot can yet place his heel upon my neck with
impunity ; no man, I care not how high his rank, nor
whether he be Duke or Marquis, or have German Barons
to wait upon him, can trample upon me. I know my-
self—l know what is due to one; lam here the represen-
tative of one county, and I may truly say the representa-
tive of the feelings and the wishes of the people of Ireland.
Being so, I have condescended to argue the case with
you—that although it is difficult to have a law argument
taken down accurately, yet that it may appear to the
public that this is an act outrageously gross. I now pe-
remptorily demand my discharge.
Alderman DA ItLEY-We have but one duty to perform.
Mr. Steele—Will you condescend to make yourselves
the instruments of

Alderman DARLEY—We have done that which we
were directed, and issued our warrant.

Mr. O'Connell—Then you call upon me to give bail.
Alderman DA.RLEY—We do.
Mr. O'Connell—And I call upon you not to require it.
Alderman DARLF.Y—But we do require it, and there is
no use in saying more.

Mr. O'Connell—l feel a pleasare in showing you how
wrong you are. The warrant states that we conspired to
evade a proclamation. Was there ever any thing like
this heard of before? Evade a proclamation ! That is not to
do what the proclamation prohibited. There can be no
conspiracy unless its object or its meaning be something
criminal. Can Mr. Graves be ignorant of that ? Then
here is a charge of doing, by innocent means, an innocent
thing. I have now to observe that I have been detained
here at least half an hour.

Alderman DA E.LEY—BUt for your address to 118, we
would not have detained you half so long.
Mr. O'Connell—You admit, then, that lam in your
custody.

Alderman DAMLEY—You certainly are, and we will
require bail.

(Here the head of Baron Tuyll appeared again.)
" Oh," said Mr. O'Connell, " are we to be dictated
to by German Barons—send him back with an account
that you are determined to listen to no reasoning."
Alderman DARLEY-Baron Tuyll only came to me on
private business.
Mr. O'Connell—ls it not manifest, that if I were to be
committed, the peace of the city and of the country at large
would be broken ?—(This was assented to.)—Well, as
you do not dispute that which indeed the streets outside
sufficiently indicate, I will do that which others are en-
trusted with—l will take care of the peace of the city and
country. I will give bail to this foolish and absurd charge.
—But before I do so, I protest against being understood
to submit to its legality.

Mr. O'Connell then entered into the requisite securities,
himself in 1,0001, and two sureties in 500/. each. Mr.
Jeremiah M'Carthy, of Dawson-street, and Mr. Fitz-
patrick, of Dame•street, were his securities.