The Sun.
London, England, 1812-02-10 00:00:00

•ollows :-

Mr. THOMAS KIRWAN.—You have been tried
upon an indiftruent found against you, upon the
statute 33d King, commonly called the Convention
At. You voted and acted in the Election of De-
legates, toerepresent the Roman Catholic inhabi-
tants of a certain distlid in the' City of Dublin in
the General Catholic Convention, and after a pa-
tient and solemn trial of four days, you haVe been,
upon clear; conclusive, and uncontradiaed -evi-
dence, found Guilty.
Indeed your own Counsel, eminently qualified to
make the most of any case, seemed from the begin-
ning to have abandoned and admitted the fast, for
instead of controverting that fact, which was not
committed in a corner, they confined your defence
first to a challenge of the array, which after two
days discussion,• proved false in its foundation, and
malignant in its motive ; 2dly, to an endless and
tiresome course of unavailing and irrelevant Cross-
examination ; and lastly, two certain nonsuit points,
evading the truth and merits, of the case, certain
alleged variances between the indictment and the
evidence; which being submitted to the Judges,
were unannously, and without hesitation held by
them to be immaterial, and were overruled:
The act of which you stand conviaed has been
declared and enacted by the legislature a high misde-
meattour—nott for being in ita own nature contrary
to any principle of honesty, or morality of justice,
but for wise and political reasons, namely, because.
in the words of the statute « the election of repre-
sentative bodies may be used to serve the, ends of
factious and seditious persons, to the violation of the
public peace." The statute, therefore, first de
clares and enacts, that all representative bodies—all
delegations for public matters, are unlawful assem-
blies, and provides that even the pretence of petia
tioning, whether true or false—that the most
,con-
stitutional or -seecious of all purposes, shall "not
serve to cloak the proceeding.
The statute then proceeds in the wise' spirit of
precaution to arrest the offence in the very first
steps of its march, and it enacts, that the primary
or constituent meeting, the voting or acing at such
primary meeting, nay, even the publishing a:notice
of suc'n intended primary meeting, shall be a Wea,
misdemeanour, and thiS before it is possible to say
what the conduct , of the future -eledted essembli
will he In -a word, the puatence of petitioning
forms no zetnpetent ingredient of the offeuce, it is
the construction or constitution,, and not the con-
duet or objeerof such an assembly, wiaich makes
the criterion of its legality or illegality. It is not
the province of the Bench to vindicate the Legisla-
ture, but it would be easy to chew that there is no
hardship in ehe.Statute —it restrains alike the Pro-
testant and the Catholic—it dues not controvert a
single point of the Constitution. t •
By a superabundant care, it saves the sacred
right of Petition, leasing it in the (elate piecise
ind cot:trillion as when, asserted at the glo-
rious Revolution by the Bit of Rights. Thus that
inestimable and unalterable privilege of a tree peo-
ple has been expressly saved alike to all the seas
o' Ireland, whether ProtestantesPr7sbyterian, or rto,
man 'Catholic, :n the same purity and perfeaion in
which it is enjoyed by our fellow subjeas in England.
And for myself,- I own I do not desire tom we in a
wider or more enlarged sphere of civil and political
liberty, than that high minded and intell genapen-
pin are contented to enjoy.—ln Engfand, where
a clear conception and a noble jealousy of their
rights, and privileges, are known to pervade the
whole mass of the people; in their wildest excesses
of freedom, assemblies of this description were ne-
ver thought of. These Conventions: and Congresses,
and other assemblies, formerly elected to represent
great bodies, are exclusively of Irish growth, and
have always been plainly calculated to overawe the
Parliament, to controul its deliberative faculty, and •o
brave and brow-beat tl.e Government. Such was
the Dungannon Conventionists of 1793 ; such were
-Volunteer Conventionists of 1782 ; such Were
the Catholic Convention assembled at Kilkenny in
1642, composed precisely of the same teenetials as
the. present Catholic Convention—uf Peers and
Prelates, and of County and City Representatives,
who commenced their labours with solemn pro,
lessions of humility and moderation, and ended
forming themselves into a Parliament, and assuming ,
the funaions of a Legislature.
Such assemblies as they are the representatives of
discontent, become by an easy and natural traria.
•sition the ministers of sedition. I am persuaded
from the well •known personal charaaer of. some
leading individuals of the Convention, that they
have entered into it with the most innocent amid even
virtuous views,- and that they would he the last to
harbour any desire against our Constituiion—that
glorious Constitution, which every iietividnal of
them has sworn to protea in Church and in State.
Butt it is in the nature of man, when lie once
pessee the limits of • the law, to forget soon his past
motive of :valor), and often to launch Mee excesses
and extravagances, at the bare mention of. -,which,
his heart at first would h we recoiled. Turbulent
and loud-tongued politicians, whose trade is decla-
mation, and whose motive is not refiZion, but am-
bition, swirl command and domineer at such as-
semblies, the light and worthless like Chaft• ri'e to
the surface, and soon acquire an ascendancy, while
those of intrinsic weight and sterling value. sink to
the bottom and disappear!
Under these circemstances, the Government, in
discharge of its prime and most imperious trust,
hake stepped out seasonably, and with ri laudable
energy, to avert the impending danger, but with an
encegy not more laudable and efficient than the
moderation and conciliatory aphit wllich they have
since displa) ed, the Attorney-General- having ob-
tained, upon two several occasions, the deliberate
constru6tions of the Court upon the Statute in
question, feels himself at liberty to indulge the
well-known mildness of his nature, and the magna-
nimous moderation of his Government, and has en-
tered a noli prosequi upon the several other depend-
ing cases : he has done this too, unclogged by any
disparaging terms or condition, confiding implicitly
in-the loyalty'and good sense of the Catholic Cen-

vention, that they will bow with becoming and re.;.
tif)edttut submission to the law as now expounded...
expounded, i• is true, by a fallible judi(Ator ; iut
still the established law of the lind, 3s thus (.=xpound-
ed, till the, decision seal! be reversed by the Bernier
resc7t..

Before this the first juridical construtiinn of that
statute, it was but fair to ,resume, that the Catho-•
lic Body acted itt mere error, and not undei- a w ilful -
and perverse -tni•construction of ,a law upon A hich
some axle and virtuous men had entertained a con-
scient-wus difference of opinion ; and therAcre every
antecedent' violation of it was a wise, conciliatory
and just policy, to overlook' and to consign to obli-
vion. But the case henceforward will be widely
different; henceforward no -subject of the land,
whether Protestant or Catholic, can say that he vio-
lates the law inadvertently and without notice:---
every future infrattion of the statute, as it will be
wilful and contumacious, so it must be visited with
,the most exemplary.punishment.
Before I close, allow me to recommend, Sir, to
you, and through you, to the- Catholic Body, the
sage council of their best adviser, and their cordial
friend, the Solicitor-General. I agree implicitly
'with him-, that • the Catholic Cause his not so
mischievous an enemy as the Catholic Convention. •
That unlawful assembly has 'diverted -the public
mind from the true question, and before the great
question of Catholic Fmancipatiort can be discussed
the laws and Constitution, which this assembly has
invaded, must be vindicated. It is not through 'the
wounded sides of the Constitution, or over the
trampled laws of the land, that they can hope to
win a passage to the Temple of Liberty.
It is not by an intemperate course, calculate,] to
excite the alarm of every reflecting mind, that they
can hope to assuage the prejudice, to strengthen
their. friends, or to \perSuade the Legislature that
their claims , are either expedient' or pst. It that
brilliant Combination of eloquence, good humour,'
and sound good sense which was poured out upon..
the • subjeaif That fascinating display of every
thing, that a highly gifted head, ani an amiable
heart could suggest, has failed to,conciliate the Ca-
tholic Body, or to open their eyes 4;) their true inte.
rests—the right road which they should pursue,
and .to their hest friends.—Why then; it is in
vain to offer them admonition, though one rose for
that' pur,pose from the dead.—But I don't so
despair of them,—The Court entertains the
most. sanguine hope, that the At of Parlia-
meni, —wha had never been awakened into
adion, will be allowed to resume its long slum-.
ber in the Statiaie Book, and in that hope, have
resolved to india upon ycu a nominal punish.-
inefit. Feeling it, however, to be their duty
to exijess their most marked reprobation of
certain .sl:inderous pra.aices; in the course of your
defence ; but particularly of your affidavit ;
though circulated in congenial papers with all the
tralph of truth, was found to be so thise aid scur-
rilous, is to be ordered off-the tile, and not allowed
to polity e' thAtecords of Luc Court.
sentence of the Court that you, Thomas
Ktrkvan, be fined one mark and discharged.
Mt . Kirwan bowed to the Court, and retired.

In consequence of a remonstrance from M. TAL.•
LEYRAND, the Landamman of Switzerland has no-
tified to the Cantons, by a circular, that all persons,
without regard to their country, should ne forbid set-
tling in their witiwut irseviuuely
permission of the Fretlch legation.

Yesterday morning a meeting took place in the
neighbourhood of Hampstead, between the H .n.
Mr. --- and Mt W-, of the 10th Regiment ;
but after an exchange of shots, through th 3 judi-
cious interference of the seconds, the difference was
accommodated in a manner equally honourable and
.sdistaaory to all panics.
A morning paper states,, that the terms offered to
:Mr. KEMBLE, by the American Manager, are fionol.
sterling for seventy performances.
Several 'offers of reward, and pardon to accom-
rlicei, are. published in The Gazette of last Satut day
night, for the disCoVery of murderers and robbers,
and one particularly concerning a poor man,' near
IVlere, in Wiltshire, who was set upon by sevrrat
villains, robbed of a ten pound note and some silver,
and beaten in a most barbarouS manner.

An audacious attempt was made to rob the house
of Mr. Watts, No. 19, Oxendon-street, ort
day eight last, about nine o'clock. , The mistress of
the house, who was sitting in the kitchen with
her -servant, observed, that she heard footsteps in
the passage and on the servant going up stairs, she
was met by two men, one ,)f whom knocked her
down, and alarmed by her shrieks, the fellows made
otf. It appeared that the robbers had effe6ed au
entrance by picking the lock of the street door.

SMITHFIELD MARKET, FEB.

This day's Market was well supplied with prime
Beasts ; and the show of . Cattle, in general, wiis
middl,ng; Beef and Pork wero dearer; Muttsimand
Veal soppy tlast?prices ; and the trade, for be most
part, was somewhat brisk. The Sales in
,the H.4y-
Maikei were rather lively; Straw fetched a better
price ; Hay and Clover sold at last prices. We.
subjoin an accurate statement of the prices and
numbers.

To sink the Off ! per stone of 81b.
Beef; 45-. od. to 55. 4d. Mutton, 4s. 4d. to is. Sd. Vcal,
Ss. cd. to 85 cd. Polk, 4s. 8(1. to 65. bd.
Beasts, zoto. Sheep, 12,100. Calves, 98. Pigs, 248.

'SMIT.HVIELD HAYMARKET.
Hay, 41. os. od. to sl. ros. od. Straw, .zl. os. cd. 10,24
rss. Clover, 51. os. 0(1. to 61. ISs. od.
. •

CORN - EXCHANGE, FEB. 10.—The arrivals or
Wheal to-d ty make but a short supply, and salt s
brisk at an advance of about 3s. per quarter from
Friday's rrices ; Rye is dearer; Barley - likewise ;
Mali and White Pease support last prices; these are
but few Beans of either bind, and higher ; the sup-
plies of Oats are also short, and sales in it is.iraue
readily maintain the late advance; Flourfully a,. the
last quotation.
Wheat - 7os a 95s a ttzs Tick Beans 505 alfs
Fine ditto - ti6s a izos Ditto (fine old) -57 s a 53s
Rye . 9as a 58s Oats - 3os a 33. a 3(4
Barley - - 445 a 53s Poland ditto -38 s a 39$
Malt - -78 s a Bbs Potiltoe ditto - 4cs a .414
WhitePeas,boilers 765 a Bzs Rape Seed - 6zi a bbl.
Grey Limo -58 s a 645 Fine Flour - - 9oS a 95s
Beaus - -54 s a bos Seconds - Sjs 4 9,3