The Sun.
London, England, 1823-03-14 00:00:00

FOR THE SUN.

LETTER VII.
Mu. Burroft-,,iThe law considers every per-
son: to be :innoCeut until guilt shall have been
proVen. With. all due deference,.therefore, 'to the
uuniereus hoit of 'addressers' upon a late memo-
rable event, as well as to tit• distinguished indi-
vidual. witty has been the objuct of the addresses,
I cver did, and I 'do conceive, that the positive
imputation' of guilt, charged by the former, and
more than 'admitted by the later, was, before
trial, a gross violation of the Constitutional Laws
of the Land : but, by. a minute observation of the
names. of the great majority of those who have
been so forward in the manifestation' of a loyalty
they never felt, we May, " without the help of a
multiplying glass," see through their motive—a
rancorous hatred of, the present order of thingS ;
and also through their design--=alt eager desire to
effectuate their subversion,, and the. extinction of
the Protestant Religion, through, the instrumen-
tality of a few intemperate young men, who had
evinced their disapprobation of certain measures,
not in a very courtly manner ; and to this end
the Viceroy has been imposed upon, and badly
advised. That a man of his transcendent talents
and deep penetration should have been subjected
to imposition, is indeed matter of astonishment :
but, that his Excellesicy has had evil :Counsel-
lors we have on, the authority of the .Attorney-
General, who declared on the }ate trial that he
had advised the discontinuance' of the annual de.
,oration of the Statue'orP

Hoes memory., I doubt notf too but that, as he
then held the saline office, it had been by his ad-
vice that that enlightened, liberal-minded, con-
ciliating Nobleman, the Duke of Bedford, in
18011,, discontinued the state procession, which
had been observed on the 4th of November in
each year for nearly a century.
Previous to the trial of theyersons accused of
a conspiracy against the life of the Lord Lieute-
nant, I refrained even from an allusion to the
subject, from an idea that it was improper and
unconstitutional to prejudge a cause which was
to undergo legal investigation ; and had some
others acted with the same prudent reserve, they
would not now have to blush for their time-serv-
ing folly, though many of the addressers have not
the grace to blush" for any thing ; they ought at
least to have waited until the verdict of a Jury
warranted the charge of a conspiracy against the
life of the King's Representative. Acquittal,
however, by eleven to one of the Petit Jury,
corroborating the unanimous decision of the
former Inquest, in my opinion, does away all ne-
cessity for further reserve, even though Air.
Plunkett should have the hardihood to renew the
prosecution, or persecution, as he threatened to
do ; but I suspect that he will have been taught
a different lesson before his return ; therefore I
shall now make some further remarks, in addition
to those contained in my • last letter, written after
the trial.; and a summary account of the whole legal
proceedings may, prove interesting to sorne of
your Readers, and may not be altogether useless ;
inasmuch as it may enlighten the minds of some
of. the RightMon..Gentleman's admirers -on the
Other side of St. George's Channel as to the real
designs against the Protestant interest in this
ill-fated, misgoverned country.
It is necessary to the object I have in view to
introduce the name of Mr.. Justice Moore, the
presiding Judge at the late Conimissions, who, its
his charge to the Grand Jury said, " that they
ought to retire to their JUry-room, with their
minds liko unto sheets of white, papely' that is, to
divest themselves of every prejudice and impres-
sin—a duty that every thinking man who hat
ever served upon Grand or Petit Juries, knows,
to be indispensably necessary to the ends of jus-
tice. The same principle I conceive to apply to
a Judge, who ought to go upon the Bench " with
his mind like unto atsheet of white paper :".but
I may, probably be able to chew that theory and
practice are distinct matters.
Every person of experience and common sense,
even though he may not be learned in law, knows
that bills of indictment have often been preferred
against individuals from malice tr interested mo-
tives, which could not afterwards be supported
by oral testimony. The late Comtnission Grand
Jury devoted two days to the laborious duty of
examining thirty witnesses, in support of- the
bills of indictment for a conspiracy, and it must
be presumed, after the most'mature deliberation,
unanimously ignored the bills.. What: was the
result ?, Asloon 'as the, decision of the Grand
Jury was made known to the Attorney-General,
he burst forth into the following inteMperate
rhapsody :—" I will, without anticipating the
guilt of any individnal, state solemnly, in the
presence of this crowded assembly, that in all
my reading, in all
.tny experience, in all the
annals of this unfortunate country, I never did
find a case so fully deMonstrative of the foulest
conspiracy to riot, of so much atrocity.s scarcely
to heighted lltthnaggravation that its avowed
object was to insult' and outrage the represettta-
tive of the King's Majesty in the public Theatre.
Having done their duty according to their fed-
ingi, I have another to perform : I will exercise
the prerogative that the law and the constitution
have given to my otlice : I will discharge that
duty isonesly, and, with the blessing of Gon,
fearlessibunintimidated by that gang which have
formed themselves into a Action, to beard the
King's Gro%;'ernment, to Overturn the laws of the
country, and even to insult and ,outrage the
very person of the Kieg's Representative in
Ireland ;" after which, 44 exit in a rage."—
And Mr. Justice Moore declared from the
.Bettelt, that " if tile Attorney General bad
not been in Court, he would have thought it his
duty to have sent ti!e Jury bark to their Jury-
room, to reconsider their decision."
'Previous to the discharge of the.Grauct Jury,
they delivered the.following address to the Court:
We, the Commission Grand Jury of Qyer
and Tcnoiner of the City Of the County of Dub-
tin, have learned with deep regret that the dis-
tillage of our official duties, with respoct to con.
taut 13ills of Indictment, , has been made a sub-
ject or animadversion by Majesfy's'Attorney.:
General, tindlitis 'been pronounced by this Hie)
Court to have been a matter of surprize. We
hope that neither the Court, nor with its sanction

the firsyt Law Officei. ()f the Crown, intended to
au imputation that out judgment
fl as hi'
uenced. by fear, favour, or P. trection :—a charge
of.such a nature, without :.,i;‘, !ding to the ant;
tn.t t y of the crime which it world impute, Would-
be
.essentially-unjust, for our oath of tardy
w
hich forbids the disclosure of the g
our rounds ,er
judgment, would render the vindication of
hat judgment, and of necessity, thesatisfactorl
refutation of such a charge impossible. It oast
be recollected, that to us
deuceexclusively
is the erii
known, on which our judgment was found
cd,an4 we therefore trust that this High Court
will. receive the declaration we now formallya
unanimously nd
make, that our decision was t
s he te'
ni tot'. a laborious scrutiny of the evidence , ofa..
conscientious. consideration of its weight,. °is
sincere desire to adhere to the directions •Of its
larned Judge who so fully and so clearly 'de'
tailed to ns the nature of our duties, and th°
principles by
.which 'we were bound to be reA*
lat in discharging them." To this Mr. Justice,.
Mooret. replied—" Gentlemen, the less 1 say shit
Pis communication, perhaps the better. 1L144;
dangerous thing for any public body to rest urn
the opinions and hearsaysof others. Noinarican .
arraign the conduct of a Grand Jury for exercising.:
.their judgment, or question theirrights to exercse.,
It; but the .kttorney-General had certainly fi right
toex press surprise that the body of evidence which
was laid before them should not love strur,,i
their minds in the same point of view as it dbi
Jury, when the evidence
his Own, Gentlemen, he did announce Oat u.
.would send the matter for trial before anglher
should, be discussed. The NewsParl,' bav,ef
Strangely misrepresented some ex preSSIODS
mine; but, Gentlemen, I am surprised tiiat'u,c„,"ti
a body of evidence did not make an ii»pre'swa
On your minds, aukcient to induce you to 50
theseh cases for trial: It:appears,. by the evidie,nhT.
t. at there is afoul conspiracy made out.
en said, that the Court is bound to decisr!
tp,rnh__;hl:eflaiarxTdctsieie thesecertainly
eooartcut
anat nb m?
peieyttr4nl
eeaesauistorreimieuetgdiehi. ,
d. stett
the
.tq:at
candour a
express
rt
et ed l
oO tf a
sort' 1
int i
cji i
ia
gturoi
IC
ts eil I
(Ist, P, 1
nai rtitiojiit. ,
and citctunstances
. n nit'
111GdicifeIenesdtntleoeodinlejineus against
other'ibliivel eothl"o'utidie'''.
A le se of
the reader, to determine whether thaveorbsv.t....„
icaaniCuaaserr:signuitshl4°e crodjititPctcorerattiGiuristil.r
for exercising their judgment, or question
0":01,
!Vita Jo exercise it; but the A ttornCY'let the
body of evidence which was laid helot° toe
should not have struck their minds in the oto
point of view as It. did his own." Guam ore
himself, ho added/ " But,-Gentles' :000
p4e_nrix_,oesi4eirtni;,t,treshastionsucohnaybooudrymoinf
desvisdueno;datidton°Loviitire
0 pi)t,!3o ;Too
evidence that there is a foul. consPi'llect of
nyt." If this was not arraigning the c°,.1;4111$ ni
the Grand Jury, and, questioning their i•rote.
tehe traverser!ntredh.e
!id.„'" to any knowledge of the En4lish Wr Ile
you
tos.estoe
fii d his ex-officio
t_ Hilary Term ; and on the loth ef omi-.
of King's
bail) were brought to trial, in the
lad been adduced. Eleven
2 . Bench, which lasted frool ' 0110
as there 7
morning until the afternoon of FridaY' 0110
had previously bet',li, court
the Jury retired, to consider the evide"cefer Pc.
'discharged 0
quittal In the conspiracy, and seven t?.!: that
the riot ; and
they would agree in ..their verdict, th,,e):;„able
--n Saturday • hut the indeisuboili
',ors .
.Attorney-Geuerai saci The traVeib-eca (lie.
understand, that the trial not having the-cilse
posed of, and the effect being t° leave v 1
their
yet open, they will still ba held over,
sill agaio
bail, for most undoubtedly this case 6 I
st ossi'
bleb rought before tbe public the earliest
moment ;" after which -Ito •Tetir,e,di ote,.iu•
Court, and.returnitigi he adcledr-- „ , grit
the Presence of the Jury, that .10)1'"'15ierToY
has occured shall impede my taking fu ijohet,i'
however,
teooarwill. Much
eeei tomes-General's
ceedinge • against tile,,,trikSersersj! clu' t., (10. ,
it:o.°pro 'bv:hrtel 1 yve:::
with—" in case I should b' advised' s° tile Av
delayeitses of
m igehxttberen
the-constutional laws of the dud, II.", ' but .I
:taialisievtotrbatieedi!inoolarbwt,seenrireetvxttiet.:lo:4lfits:
gt.cQ:tiod.ti:tir.:ol),:llcityal;:vili.,ol;cl
tic
jit:;ol.oiiiltitilio;iiti
process (meta
- - never to be ‘resorte 'Qv, lost
be viewed' by
ger to the
State • but apart the isl'.,o'ol
...,. , , „.,. dect. wt.'
rable occasion,
rafter tne, ttlianlnto"- of ill( t
the Grand Jury; 4
Al -ignoring tht,! billi „ire- joi
-ment for a conspiracy, such , roccrro eel
let 'tennedceedistl: t‘l'l.eirgal till'avet
rii;itan;
friend to the Doristitutioo, every frier' ooldie
orderfas a stretch of pawer) no to .60,,_:, tioc°
in the annals of this unfortunate colni`u9of el
the discomfiture of, Popery on the 13$nit-to Os,
Boyne in the year 1690. 1 t was:o'l°l'lo7l4;
Gentleman, in arousing a
every man of reileCti atl tto goottli
grand bulwark of our liberties} Irri,l/hoi .0. I.riti
contrary effect to that looked for II 1-o,t-el'"1
but I am much mistaken if it. has s"°:ii, I;tiroefif
be allayed ; and that not Only fit this cotta ,be'"Gli
also in Great Britain ; for Bli,toas "10'044%.
surcd, that if`- Popery and'arbitfarY Pthe Jel'ktdo
ever triumph in Ireland, it ,v n 1 e,„ tvii ii,
blow not only to the corutexionlefLit-CiVil
countries, but also to. Pare religion "-.:1:,,:.'
berty in their own. ''' 13"1136.
jtfYltiS 11
. -
Bandon, Feb. 25, 023. Spiiii that wit
ontik; hi:
ttiuhrie:ji cases
ul
itedoyg til
thefeni trial
1 1 t

301°.
- On-the MA 111).ewer
Oi-the
inst. Mt itgft6elti Froticrigic t aog
14-4dgel c.hmovo.,i eid°4 s
John in iii4,,gavE,r _to, Aior4i*. ft,
n Dell Patter. EA.** o refill er's.enti. j, of Aso
4/n2 * AfAryAtoo,
TC4I nothtolin eZectumtlil
iinststi,-.nort 14:guyi:11$4,41001::liivitKvioln,r(1°11,`,40011d4"

. • t--4'ai
oth Published for the Pit tr0P.,,01„,
ce, No. 112, StritnO, by J. I ,Gana