The Sun.
London, England, 1848-10-07 00:00:00

bernin $1

LONDON, SATURDAY, OCTOBER 7, 16411.

The first of the State trials in Ireland will most
probably terminate this day. The brilliant and
effective speech with which Mr. WHITESIDB opened
the case for the defence left little, indeed, to be urged
by his talented coadjutor ; so that we may fairly pre-
sume the speech as to evidence for the defence, the
reply of the Solicitor-General on behalf of the
Crown, and the charge of the Lord Chief Justice
will be disposed of, and the verdict of the jury (preg-
nant with such momentous results to the prisoner)
returned before the rising of the Court this evening.
We may now, therefore, venture to comment upon
the nature of the charge, and the evidence by which
it has been supported, without the slightest danger of
Interfering in any degree with the just and impartial
administration of the law, or of unduly prejudicing
the jury, either for or against the unfortunate gen-
tleman whose future fate, even while we write, hangs
trembling in the balance.
Whatever may be the result of the present in-
Tesfigation, whether the prisoner be thereby ac-
laitted of the capital treason, laid to his charge,
.er consigned to an ignominious death upon the scaf-
fold, with the mutilation of his lifeless corpse,
sad the corruption of the blood of his in-
nocent offspring, it must be admitted, that
all that profound learning, extraordinary tact, foren-
sic skill, quick-witted intelligence, unflinching courage
and devotion, and the most winning and persuasive
eloquence could suggest on his behalf, were most
clearly and efficiently brought forward by the accom-
plished advocate whose services he was enabled to
secure. Nothing in any degree capable of a favour-
able construction was omitted, while the points that
pressed most strongly against him were explained
away, or made to bear upon other matters which,
though they might amount to grave misde-
tn amours, could not, it was contended, be
regarded as overt acts establishing the treason-
able intention either of levying war against
her Most Gracious MAJBSTY, or of compassing
and imagining the death of the Sovereign. But,
though the prisoner was thus fortunate in the counsel
by 'whom his cause was advocated, he was not
equally Ao in the law under which he was tried, and
it is impcosible not to perceive that he, a subject of
the United Kingdom of Great Britain and Ireland,
was deprived pf strictly legal rights and privileges
to which he would moat certainly have been entitled
had the alleged offences been committed upon this side
of St. George's Channel, and himself brought to trial
on English ground.
It must be borne in mind that the sta-
tute upon which the indictment] was framed
was one enacted by an English Parliament,
with which the Irish Legis 1 ature had no
concern whatsoever. It is now oearly five centuries
since that statute, written in the olu' Norman French,
is which the Acts of the Legislate "e and the :pro-
ceedings of the law courts were carried ,on in the :14th
contrary, received the royal assent an d became the
law of the land. It was passed in tht 25th year of
the reign ofEDWIRD 111., for the purpos .e of defining

the crime of Treason, in compliance wit h a petition
from the Commons, who four years pre, viously had
prayed " that it may be declared in Pat liament to
what cases of aceroachment the royal powel extended,
whereby Lords lost their profit of the fort 'eitures of
their tenants, and the accused their benefit of 'clergy.
This statute expressly and clearly defined the I specific
acts thatahould be held and adjudged treason. These
were not only offences directly affecting the person
of the filovereign, as compassing or imagini .vg his
death ordeposition, or levying war against him, but

others of a different character, such as counterfeiting
the great seal, counterfeiting the King's coin, bring-
ing counterfeit coin into the realm, &c. Such as
they were, however, they were clearly and unequi-
vocally explained, so that no danger was incurred
of persons unwittingly committing this great
offence, and sustaining the horrible penalties
to which traitors were then subjected. Gradually,
however, considerable inroads were made by
minor statutes and by the dicta of corrupt judges,
wholly dependent on the Crown and the verdicts of
timid or prejudiced juries, so that the law being
again rendered indefinite, it became necessary to have
a new enactment declaratory of its actual state.
This was passed in the reign of Queen MARY,
which revived and re-established the Act of
EDWARD 111., as the sole law in cases cf treason.
Various Acts were subsequently passed from time to
time, but it was at all times felt to be
essential to fence the subject with peculiar
safeguards against any extraordinary extension of the
power of the Crown, and thus, although the crime of
treason was regarded as the weightiest known to the
law, and subjected to more stringent penalties than
any other offence, extraordinary privileges were
given to those accused, and additional facilities for
conducting their defence. It was felt that a simple
man might be crushed by the power of the Crown
when its influence was cast into the balance against
him ; that the Sheriff (nominated by the Crown)
might be tampered with, to array a partial and
prejudiced jury;
,that spies and informers might
be bribed to give evidence implicating the accused,
which might carry no weight with it if close inquiries
were instituted into their past life and character.
It was accordingly provided that an attorney and
counsel, not exceeding two, should be assigned to
the prisoner for his defence, and that copies of the
indictment, of the jury panel, and a list of the wit-
nesses to be produced, should be delivered at the same
time, ten clear days before the trial (7 Anne,
c. 21), and the statute which conferred these
extraordinary privileges commenced by stating
" that it was just and reasonable that persons
accused should have an opportunity of making their
full defence." The English Parliament, in legislating
on an English statute, considered it to be essential
to a full defence that a copy of the jury
panel and a list of the witnesses to be pro-
duced should be delivered ten days before the
trial to parties accused of a violation thereof; while
in poor unhappy Ireland men are to be condemned
without obtaining that which in England was
their right, and every application even as
a matter of favour is refused, lest it might be
tortured into a precedent. If Ireland is entitled to
equal laws with England—if her children are not
to be sacrificed on the altar of political expe-
diency, this anomaly (if it really exists, and from
the decision of the Judges on the point, we are
bound to presume that such is the case, at least until
the question be brought before the supreme tribunal
of the country, the House of Lords)—would, what-
ever may be the result of the trial, afford an ample
and sufficient ground for claiming the exercise of the
highest attribute of the Crown, the extension of that
mercy which has justly been styled " its most glo-
rious prerogative."

The genius of Lord BROUGHAM, his capacious and
commanding intellect, the humanity of his heart, and
the patriotism of his aspirations, have not prevented
him from stumbling at intervals into some very extra-
ordinary blunders of judgment. In this manner, to
employ the exquisite expression of the philologist, he
seems to have " paid his tribute to our common na-
ture." He has thus proved himself to be akin to his
less gifted contemporaries by revealing the fact that
even his mind, with all its magnificent fruitfulness,
ripened by the lore of letters and philosophy, is in a
very striking manner characterised by its fallibility.
A new evidence of this fallibility of judgment has
been afforded by Lord BaouGHasi in several of
the arguments contained in his pamphlet on
the late " French Revolution," a pamphlet
which is just now on the eve of its publication.
One of these most erroneous arguments we feel our-
selves compelled, if only from the inborn instinct of
self-respect, to repel for its astonishing inaccuracy.
After commenting upon the countenance afforded to
the Republicans of February by certain portions of
----- ----,5:-:-- r----, .....a after observing that much of
the stability of French republicanism is owing to the
circumstance of those British journals having " joined
the cause of the revolution," the noble writer indi-
rectly charges those journals with propagating a
spirit of revolution among the people of these islands,
and with agitating the imaginations of the discon-
tented with principles subversive of all order and
right government. Now, as we ourselves were
about the foremost of the organs of public opinion
in Great Britain to "countenance" the Republicans
of February, and to " join the cause of the revolu-
tion," we are impelled at once to repudiate this
most fallacious inference ; and we call to witness
every one of the articles which have appeared in our
columns, since the installation of the Provisional Go-
vernment, to prove that our exertions have been un-
remittingly directed to the maintenance of tran-
quillity in the United Kingdom, and to the con-
tinuance of that ardent loyalty which is the ligature
round the constitutional fasces. Our commentaries
upon the mob-disturbances, which have produced so
much anxiety te the Cabinet, the rabble demonstra-
tions on Bishop Bonners'-fields, and on Boulagh
Common, were alike animated by a spirit of
hostility to the promoters of physical-force Chartism,
and of au organized rebellion in Ireland. We not
only contemned the miserable conspiracies of Seven
Dials, and the insane " skritnmage" at Ballingarry,
but we appealed day after day to those feelings
which are so deeply rooted in the hearts of English-
men—to those feelings of reverence, and gratitude,
and love, and devotion towards the institutions of the
land, which have been hallowed by the obedience of
generations, which have been sanctified by the blood
of martyred patriots, which have sprung from the
wisdom of all the statesmen of Britain from ALFRED
to BACON and from BACON to BROUGHAM. Without
arrogating exclusively to the Press of England one iota
of that loyalty which we believe to be innate in the
heart's pulse of our countrymen, we do yet aver it as
our deliberate opinion that to the press was immediately
and directly attributable that noble demonstration of
the 10th of April, which was a death-blow to the
hopes of the Propagandists, and which proclaimed in
such glorious terms to the whole world the solidity,
the grandeur, and the vastness of our great poli-
tical fabric. Among that Press which evoked
the memorable demonstration of April, we claim for
ourselves a position ; and, in the name of that Press,
we at once repudiate the accusation that we
have been, in any respect whatever, the promoters of
sedition or the aspirants for revolution.
But Lord BROUGHAM does not, unfortunately, re-
strict himself to this insinuation against the Press of
his country, he endeavours to depreciate the impor-
tance of the fourth estate—forgetful that he himself
was in the first instance enabled to display his re-
splendent powers through the medium of the Press,
mid that not only through the quarterly publication
but also through the columns of the daily newspapers.
In this very month of October, when the
pamphlet appears in which Lord BaouGFIAM
derides the journalists as " newsmongers
and dealers in daily papers," the Edinburgh Review
recals to mind the famous saying of ARCHIMEDES,
and observes, that had the Syracusean philosopher
lived in these days he would infallibly have chosen as
the spot upon which to fix his lever for the purpose
of moving the world—the Press. Nor, indeed, does
it require much exercitation of logic to show that
the Press is in truth the vou cssw of the triple orb
of morality, society, and politics.
But the indignation with which the genius of Lord
BROUGHAM seems to regard the enormous authority
of the journalist becomes the more conspicuous, when
he refers to the election of the:Provisional Government,
and to the obscure men who were then suddenly elevated.
According to Lord BROUGHAM every member of the
Provisional Government, " with the single exception
of his illustrious friend M. ARA.GO, were either
wholly unknown before in any way, even to their
very names and existence, or were known as authors
of no great fame, or were known as of so indifferent
reputation, that they Lad better not have been known
at all ! 1 ! " We wonder under which category is to
be placed the name of ARMAND MARRAST, whose
witty articles in the National had, long before
February, gained him a very brilliant repute as a po-

litician and a writer. We wonder under which
category is to be placed the name of DUPONT
(de l'Eure), whose probity was as generally appre-
ciated as it had become venerable. We wonder
under which category is to be placed the name of
ALPHONSE DE LAMARTINE, whose celebrity as a
poet was to France what the fame of BYRON was to
England, and of whom it can be said as little as it
can be said of Lord BROUGHAM himself, that "his
name and his re ry existence were unknown until Fe-
bruary ; or that he was known as an author of no
great fame, or tha t he was known as of so indifferent
reputation that he had better not have been
known at all Surely Lord BROUGHAM must
be the first to laugh at the ridiculous
blunder of the clompositor in having printed the ex-
pression, that all the members of the Provisional
Government we re wholly obscure, " with the single
exception :cf M. .Asmao !" It is as preposterous as
though some F re.nch pamphleteer were to remark
that among the 1 iving ex-Chancellors of England
Lord LYNDHURST was the only man with intellect or
celebrity. But th e truth is, MARRAST is a journalist,
and LAMARTIN E i! ; a journalist, and LEDRU ROLLIN
is a journalist, ant 1 Louis BLANC is a journalist, and
almost every on.e of the members or Ministers of the
Provisional Go Yea 'nment are journalists, and jour-
nalists are " news m )ngers and dealers in daily papers."
Such is the tendency of the remarkable pamphlet
which has just ems; aated from the brilliant genius but
fallible judgment of HENRY Lord BuouoHAaa.

THE FREII fCH REPUBLIC.

We have received • the Paris papers of yesterday.
The Afoniteur has.; 1 the following announcement
Several journals c ften pretend to a knowledge of
what passes at the Cc )uscil of Ministers. Almost all
their assertions are en .oneous. The Patrie announces
last evening that the C mincil of Ministers had decided
that Government wovild support the amendment which
proposed to postpone th e nomination of President until
after the vote of the crg anic laws. The Government, on
the contrary, is couv Inc ea that the continuance of a pro-
visional state of affair .s i, s most disastrous to the business
of the country. Th.: ci nintry wants a regular Govern-
ment, it requires it in tmediately, and so soon as the
National Assembly sl ia. ll have proclaimed the principle
of election of the Pres id ent of the Republic the Govern-
ment will ask it to fix a n early day for the election.
" I n the opinion of it to members of the Government it
would be an act of L d citizenship to retain power a
single day beyond 'v hat should be required by the
strictest necessity."
Prince Louis NA pi )Lox has addressed a letter to
the National Assem b.ly, in which he declares that,
having been elected IJr five departments, he chooses
to sit for Paris, the p lace of his birth. There will,
therefore, be new e. !e ctions for the departments of
La Moselle, Yonne, *1:: %harente Inferieure, and Corsica.
M. BISSETTE, the newly elected representative for
Martinique, has add ressed the following letter to the
President of the Nat ional Assembly :
" Monsieur le Presi dent,—l have to request you to
inform the National t ,ssembly that I send in my resig-
nation as representative for Martinique. Protests, on
the score of violence i tnd fraud against the validity of
the elections which hal re taken place in that colony, as
well as at Guadaloupe, will be subjected to the apprecia-
tion of the Assembly. Whatever may be its judgment
on the matter, I consider it due to myself, in presence
of the complaints mad 'e, to appeal directly to the elec-
tors. (Sri ;lied) " BISSETTE.

" Paris, Oct. 4."
The discussion on the article of the Constitution
regulating the electioi c4* President commenced on
Thursday. M. FELIX far, who opened the debate,
proposed that the Assen3b ly should itself be the chief
Executive Power in the. ,! ;tate, and that the President
should be merely a Prra ident of the Council of Mi-
nister, nominated by the Assembly :
"M. de Tocqueville apt Ike at considerable length
against the contemplates] project of allowing the As-
sembly to nominate the P resident. While he admitted
that there were peculiar circumstances that seemed to
justify that course for th.s present, yet he thought the
Assembly itself possesses 3 strictly limited rights, and
could not on any pretel .t interfere with the universal
voice of the people, alone competent to elect the Presi-
dent. He declared that the feeling of the country was
decidedly opposed to the Assembly assuming any iater-
ference in the matter. It would
,deprive the Republic
of strength if its head Nil s not appointed by the people
at large. He knew than motive that actuated those
who suggested a con; ,rary course. They appre-
hended that a name 3 would be returned which
would be hostile to ti ,e Republic, but by the plan
now suggested a d oubt would be excited as
to the stability of Lb, Republic, which would be
much more dangeroma . It was the existence of
such a doubt that Is ad already wrought so much
suffering and caused mper.cli:3c t r--.4.4,,,v),1
aie
Ivpublica works Att:Selgtbf Y;.ye,galthotlgrnd i
invested with extra-
ordinary power, was not omnipotent, and could not
assume to itself a soi t, of right divine with regard to
the election of Presid tilt. The Assembly was nothing
except as it derived ;authority from the people, and
under a Republic the j !)eople should be all in all. To
the people alone could the election of President be attri-
buted. In the course of his speech he adverted to the
views of those who, I ike M. Pyat, loved to return to
the times of the Cony( Intion, which caused so much ap-
prehension by excitin tt. reminiscences of the reign of
terror. But civilization 'had advanced too well to allow
of the repetition of such, scenes, and he felt no alarm
on that account. He en ndemned strongly the mani-
festations that had beer. made in different parts of the
country, but he said ths .t the way to put down these
proceedings was not by• such excessive precautions as
tended to deprive the p, N.)pde of their just and undoubted
rights."

M. PAIRRBU replied to M. DB TocciuxvlLLE, and he
was followed by M. F ItESNEAU, a young Member of
the party of M. Mai s, from whom much was ex-
pected. M. FREINzAu , :however, broke down com-
pletely, and descended from the tribune amidst the
loud laughter of the A: isembly ; after which the de-
bate was adjourned.

The lfoniteur du So. if • contains the following offi-
cial announcement of he restoration of tranquillity
at Lyons :

"Private accounts sta7 e that on the occasion of the
settlement of their pay, the Garde Mobile of Lyons,
which had just been dissolved, revolted, and invaded
the Prefecture of the F l one. The fact in itself is true;
but it is proper to add L at the National Guards and the
troops of the line mart ted to the Prefecture, that they
got the better of the . emeute, and that this affair has
only served to prove t'n, a good spirit which animates the
working population of that great city. At the present
moment all has return E d to the most perfect order."

It also publishes thy; following official contradiction
of the statement of th,l3 Presse, that Austria had re-
jected the mediation of England and France in the
affairs of Italy. It sa: ys—

" The Press- a has re ade itself the echo of a report
which, it says, circula tea in some diplomatic saloons,
and according to whi eh the mediation of France has
been rejected by Arts, ria. The absurdity and improba-
bility of this rumoutr would suffice for a refutation; but
we are, besides, authorised to declare in the most formal
manner that there is not a word of truth either in the
fact itself or in the comments which the Prerse has
added to it."

On this subject the Constitutionnel says—
" It is certain that negotiations are yet far from their
commencement. Aus trig proposed at first Innspruck as
the place for holding the conferences ; France having
through the medium of England indicated Geneva or
Bale as pruferable. , &ustria replied by observing that
Switzerland being a focus of agitation, either Padua or
Verona would be preferable. Thus before the basis of
mediation has been a t all mentioned, the place of meet-
ing has to be found. Although it is true that the media-
tion has not been rejected, yet neither has it made a
step in advance. Sin ce Austria accepted the mediation
the Cabinet of Gera aany, whew sympathies are with
Austria, has proposed Munster—and thus the different
diplomatic engines !or gaining time are at full work
while the mediation is at a stand still."

The Union, which is the organ of the Absolutist
party, and therefore good authority as to the inten-
tions of Austria, has the following :--
" We learn that 1. ho English Ambassador has had a
long conference with General Cavaignae to-day, in
which the intention: ; of the Cabinet of London have
been explicitly stated. We believe the result of this
communication to be that Great Britain is in accord with
the Cabinet of Vienna, and that the Italian question is
arranged in a maneer which does not at all agree with
the engagements of General Cavaignac to the National
Assembly. France thus will in the Congress have only
one vote out of six."
The following, which we extract from the National,
is important, as showing the views of the Government
on the question of the election of President --
" Admitting as we do the principle of election by uni-
versal suffrage, we ct me to the fact, and on this point we
shall be no less expli cit. Precisely because the principle
of the sovereignty of the people is placed beyond contest,
it appears to us indispensable that the .
Assembly should
exercise the authoriizy conferred upon it by its consti-
tuent mandat to regu late for the good of the State the
primary organisation of the executive powers. Several
amendments have been presented in this sense. The
Assembly will examfine them, and will be in a situation
to adopt the one that offers best those guarantees of
which we feel the necessity. In fine here is the opinion
at which we have arrived after mature reflection—to in-
scrib!, in the constitution the principle of election of
President by direct +universal suffrage, and for the pre-
sent, for the first nomination, to regulate the application '
of this principle as may seem useful and necessary. We
hope that this opinion, which reconciles a double interest
equally valuable, will rally the majority:of the Assembly.
This means clearly that the first President ought to be
elected by the Assembly. But it now appears that the
Red Republicans, instead of joining with the Moderates
en this point, for the purpose of keeping out pretenders,