The Sun.
London, England, 1844-02-07 00:00:00

halve
.not presented a picturewhich would make it the duty or every
honest man to rally with me to remedy those evils by a restoration
of that Parliament ? You haVe now seen distinctly my objects,ind:thc
objects of the men who are combined with me to obtain a repeal,
which is our proud boast ; but that we are in a guilty combination
wit reject with scorn. We want to restoie to Ireland the authority
and prerogative of the Queen in, the creation, of the Peerage,
to the Irish peer his proper and hereditary judicial authority, and
to the representation of the people the right of making their laws.
You have a right to ask me the mode of obtaining this measure;
you nave a right to ask' me, and I will answer it, One of our
modes is not to use sectarian means in labouring for repeal; and
• while upon this subject I wish' to call yOiii attention to what has
already. occurred on the part of those who laboured with 'me. We •
never sought to sacrifice our country for any sect or party ; on the
contrary, there cannot be more stiongproof of anything than our
utter abhorrence of such means, or of those who profess such' to be
their object. The Roman Catholics of Dublin heel a 'publierriect.
Mg in Francis-street on the .9th April,' 1795,. where, they declared
that, feeling sincerely attached to their native country, its'rrights
and liberties, and so fatal did they consider the union between
Great Britain and Ireland to bC,that they were deteimined to re,
sist it to theutmost, even though their own emancipation was of-
fend them as a compromise. That was the way hi wkieh the Ro-
Man Catholics of Ireland met the question of 4116 union of 1795.
(Mr. O'Connell then read a paSsage from the first speeds he ever
made in public. It was delivered on the 13th of January, 1800,
and represented the opinions of the Catholics of Ireland then to be
so hostile to the union, that even if they were offered the alterna.
live of ihe union or the re-enactment of the Penal code, with all
its honors, they would prefer the latter, and, even if emancipation
was offered to them for their consent to' the union, they would
reject it with scorn and. indignation.) That (continued the
Honourable and Learned Gentleman) was my first political
speech. These were the sentiments of myself and the Catho-
lic& of Ireland, with reference to the union. Why, then,
should .we be charged with sectarianism ? Gentlemen of
the Jury, you cannot but be all well aware that the case of
the Protestant Dissenters of England was warmly advocated by
me-..that.}; presented a petition in their favour, signed by 28,000
Roman Catholics, and adopted at an aggregate meeting of Roman
Catholics. That petition was not on the table of the House of
Commons six weeks when the Protestant Disienters of England
were emancipated. I scorn, therefore, and treat with the most
sovereign contempt and indifference the idea of sectarianism. It
bas been said, that I have made violent speeches; if I have,
would it net be but fair to allow me the opportunity of showing
how far these speeches were accurate or inaccurate, or what was
explanatory er mitigatory, and not reserve ,them for so remote a
period as this is, from the time some of there have been delivered.
But no ; there has been no violence on our side ; if there has been
any violence, it is entirely upon the part of our opponents. I
will now read you an article which appeared on the 2d of August,
1841, in an English paper, the Cheltenham Chronicle, which cis.
culates, very generally . through Bath and Bristol, Shrewsbury,
and the other great towns in the south and west of England.
(The Learned Gentleman then read the article.) After de.
sorbing the condition of Ireland, it went on to say that the'people
were a wild, savage, uncivilised race, the slves of O'Connell-
that every Irish priest should be secured and exiled for life-
(Latighter)-and not permitted to return to Ireland on penalty of
death. That that could be achieved only by a Conservative Go-
eernment.--(Renewed laughter.) It 'could only be done by Sir
Robert Peel and his colleagues. 'I now wish to say one word on
the subject of the Arbitration Courts. I need not tell youthat
there are no oaths in these Cohrts, and that there could be none.
I do not know whether it strikes you that this was an advantage
.in these Courts. I presume you participate in the horror with
which I have viewed the flippant profanation with which oaths
are administered in the several departments of 'the State, and
that as Christian men you desire that they should be less fre.
quent. In one year alone, In 1832, no less than 172,000 oaths
were administered in the Customs, and 158,000 oaths were
administered in the Excise Department. Thia• was an un-
necessary preafanatiOn, for the pariies who swore 'were
not trusted. They were as strictly watChed .as 'it they
had. not
,taken an oath. Lord Nugent asked me, I recollect,
to assist himln bringing in a )3.11 substituting in all revenue cases
declarations for oaths. I did assist him; and the Bill is now the
law. of the land." I wouldeitend its', principle further, and apply
it to cases of property:"tot can place no value on the oath of a
man who would tell you an untruth about property. An oath
cannot bibinding on a mind of that 'description. When' the time
is ripe=and I liope' it is fast coming-I hope to see, as in the case
of th,e.Qpakers, the declaration of every Christian taken mall Mat-
ters ;" arid, if this we only imitate what is already done by reli.
grout" communities, do not describe us as conipliators because we
act in a similar way. Weil, it being sonceded that these meet-
ings Were peaceablein their origin, conduct,: and design's, what, let
me ask, has the Crown read for you as evidence of the.mode in which
Repeal is to be carried ? The first; evidence read for that purpose
was the regulation's of the Repeal Association. (The Learned Gen-
'fleman read the regulations, which have been already published.)-
This, gentlemen, is the plan of the Repeal Association. It holds
en( first the alternative of those acts of justice to Ireland;
it holds out. then, the looising for repeal in the manner prescribed,
with the expression of their full fidelity and allegiance, and de-
clares the peaceful and legal Means, with their full avowal of a
determination to look for repeal in. that way, and in no other.
Under those circumstances you have the' combination that. comes
before you called a corespiracy. Well, in order,, however, to carry
it further;the connsdl for the Crown have read another dociirnent.
It is the reconstruction of the House-of Conamons," the renewed
action of. fhe /dill Parliament.'" 'The Learned Gentleman then
,
read extracts from the seconddocunient, entitled 1! Plan for the
renwed,lelion of the 'lrish Houle of ~Commons, stating that Re-
' peaters recognise and acknowledge the right of her Majesty Queen
Victoria,•her heirs and successors, to all the rights and privileges in.
herent in the CrOWn of Ireland A that they would bear their most faith.
' ful allegiatice to her Majesty, her heirs and successors ;;and that they
acknowledge they would maintain all hereditary privileges of the
Peers 6r Inland, as befere." This, Gentletnen Is the eildence
for the prosecution, this is.the_evidenctO prove'a conspiracy and
illegal means and objects. Gentlemen of the jury', we'did not call
for this evidence, though I adMit that it contains an'adMirible
defenee foens ; but it is prodoced.by the Attorney.. General; and on
that he calls on you to find us, guilty.' There is the plan 'of repeal,
and what fault do you find With it.r. It diScusses, and I insist on
ml'right to discuss, the great constitutional question aifia the' corn-
peten.cy Of the Irish Parliainentle parss'the 'Act di Union That
qUestion was discuSsed before the union sias thought "of, if I May
so 'speak'. In the work called `iLifette oh boverninent"-a trea-
tise-'written to prove that William was the laWfUl Monarch; 'by rea.
son'oethe occurrences which had taken place-a book which, at
• the time of the union, was a class4)oolt, in Trinity College; al.
t hthigh since withdrawn from the course=but still a book of autho-
rity, and, undOnbtedly, one of the instruments by which the revolu-
tion of '16.88 wr,a aehieved-a revolution which no one admires
more than I do-in' that work occurs a passage to which I demand
youesertous attention (Mr. O'Connell read 'the* passage, which
has Tai.en"frequently inioted during the trial), in which it is
laid down, that Parfiament" 'had the poiver of making laws,
but hot Legislaturea, , and' that it could ' not delegate that
power' to others. • lie also read an extract from Mr. Satirin's
speech;'delivered"on the 151 h of March, 1800, it which that gen-
tlerrizin asserted that the union would be a nullity; if forced on the
Irish people'against their will; and another paSsage'in a subsequent
speech in which Mr. Saudi tgave it as his opiniOn, that ilthoUgh
they might make the union binding as a they could not
make it obligatory 'on conscience, and resistance to it intheab.
street would become a duty. 'My
.LOrds, 'finsiat on the truth of
that constitutional dOcteine. I take the qtratifiCation that has* been
laiddown by Mr. Satirin that the Act is binding as -a law, while it
continues to have form and shape, but' it is 'not bidding 'on con.
science, on principle,
.;Or on right. It has been Said that I pro-
nhunced the Acts passed since the union to be void. ' Idle/not say
sO ; for; if 'they were, void, the Act of CathOlic- Emancipation
• reustbe' Void as the.rest. 'But give me` the repeal of
union; and we will soon Cosine .o'terrni about that. I wohleethen
Make you a present of the Emancipation Act.' I may be Wrong
in my position; but I hive 'a right' to argire these qticstions,
every man has a right to argin them. Gentlemen of the jury,
the *Point arose in' 17e2, -and' the Irish Parliament then tle-
elared that no poaier on earth. could•bind-the'liiih people'but the
king, lords, and commons of Ireland, 'and' an Act was passed to
that effect.: The consequence of that was to do away with an the
laws in reference to Ireland made .in England. But they' went
even further, and passed lavis which deranged the wholeproperty
of the country. That state of things was not permitted to exist an
hour; foe Chief' Baron Yelyerton Drought in a Bill which proilded
that &flaws passed by the British'Parliament, whether with regard
to Ireland or any other part of the 'United Kingdom, should apply
equally to both Countries. 'lt has also '(said Me. O'Connell) seen
said; that this was inconsistent with •alleglifice.; / deny it. If
the
,authority exists in the Queen; it 'Can b'e exercised by 'the
responsible Minister. • I am•how nearly drawing to a Close ; but
must first go hack to the evils of the.union, and show the necessity
of every man 'exerting himielf to•ob(ain repeal. !Ask you, first,
could it not Cure the lideoui evil of absenteeism ? A very talented
gentleman, Mr.',Hayes, 'Of Cork, has calcu'ated 'that 9,090;090/.
surplus revenue passei out of this country every year. The-railway
Commissioners teduce it.to o'boo,oooi. I take the' reduced amount,
and I ask, if ever any country suffered Co much as this trent' the
drain con Sequent, upon absenteeism ? Wet don't Want English
capital ; give- ill our own 6,600.,0007., we want no more, we hare
enough for own purpose* if It is Only' alloWed to remain with us.
The surplus revenue, gentieriren, is; another exhaustion of the re.
sources of Ireland. It amounts in some years to two million's.-Last
year I think it was so idle as 700,0001.; but whether one amount
or the other, it is drained out Of this country never to' return.
Again, the Weeds arid Forests departnientget 7:1,0001. a year in
quit rents and Crown rents out "or Ireland.-How 'has' that been
spent for the last ten ieirs ? Why in' making the 'Mantes
Tunnel and beautifying Trafalgar-squire: 'We want an ad'.
ditiorial bridge here,
,and why lihotild we not have that 74,0001.
to erect it? ' Have we niat.“as: go.k a right to 'it as the
citizens of -London ? If we had an. Irish Parliament sitting,
"mild we permit thesi continual" drains'? No'i and gentlemen,
will you give your 'consent, your vete,' twill say, to the sending
over of an the money 'to prisainent Trafalgar. .square ? or will you
raise your voice on behalf 'of 'those 'who honeitlY contend that ire.
land should have the benefit of her own 'resources P. There re
otherevils contingent with this drain upon our 'country. I
,hesrd
in Vaifiarnent quoted a work by a Yothil; a political een o.
mid, who travelled through Ireland in /778; and who, in writing
en the subject of the increase of the population, observed that all
the children greW up to be seen "and women, and he accounted for
that by their 116,er-failing bellyful'of, potatoes: 'Was that the
ease now ?" Ilati.not the condition Of the Periak and. of the' Our).
try declined ? Are ypu not affrighted at; ancl3rdue country. de.
graded by, periodical, famines; six of -eight •ot which have oc-
curred since the nniorYl Quantities of Provisiona were ex-
ported to England at the 'very moment the iltiople here were
expiring from famine. The histoiy of distress in the report
of the Poor.law CommissionerS was appalling; arid the Population
Commissioners' Report, which has just come out, "exhibits the
evil in an aggravated shape. The gentlemen who framed it,
Captain Larcom, reports Oat 30 per cent, of the population of the
cities and towns in Ireland are in a state of the most abject po-
verty, and, that 70 per cent, of the agricultural pompano') are in a
like condition. Where is:the perpetual bellyful of potatoes now,
and where is the advantage of the, union when such a state of
things is in existence ? And are these
,grievinces to remain ?
Are we who seek' a 'remedy for them to be hunted out or society
rte conspirators,, and those smiling and exulting in thebonours
of cffice, to be supported; praised, and sustained, while the friends
of the poor, those who desired that they should receive wages,
not alms, and that industry should be rewarded, 'are 'differently
treated ? I speak not of their being
,charitable and hu.
mane-but I take up the public principle, and I ask whether
these who seek to relieve the enormity of ' distress are
to be prosecuted or persecuted. We are
.looking out for the
means naof relieving the distress Of 'Which
our country complains.
have all the natural resources for prosperity. Examine our
island-it is one of the most fertile upon the face of the globe-
There is no country in the world which is so well eircumstaneed-
ptssessing so many harbours and excellent estuaries. It is an 'old
historical fact, that the Irish harbours are better than those of Eng-
land-her waters carry vessels of 500 tons burden into th
centre of Ire:and-the islandY
is indented at every side : very
which are secure from every wind that blows during the twenty.
four hours. No country has such power as Ireland
the machinery
of the world might be turned lay.it ; and, oh! what a difference
there is between machinery arid manufactures carried on in the
free air and wholesome, atmosphere which surround 'a water-
power-and all the hideous filth and unwholesomeness which ne-
er:parity belongs to the factory System in the sister Country. There is'
not a'spot in Ireland
.which is Mori that 30 miles distant from a'
good harbour. Take the map of the country,'and this will be seen.-
Why is not the country prosperous? Did I not read of the untold
=unheard of magical prosperity which followed from the existence
of a native legislature, froin the writings' and observations of men
most adVerse to Ireiand, and Whoie business it was to conceal the'
condition of the country before the union ? Had r not read this
svidenee of ihe increasing prosperity of Ireland under her Par.'
liament. What happened' once will surety happen again. This
struggle is to recover the prior from 'poverty, to enable those
who are idle, from want of wages or occupation, to keep the'
revenues of the country to retain the nobility of the land. •
I leave the case with you ; I utterly deny that I• have said or done
anything to 'warrant the imputation that I 'am a conspirator. I

reject the Accuzation with ecifittenvt: 'I-acted in the open day, in
the praience pt the Goieftimerit, ll'the magistrates, sad I said