Star.
London, England, 1812-02-10 00:00:00

tRBLAvi).

COURT OF KING'S BENCH, DOBLIN,'FEB. 4.
The conditional orderof attachment against the pro•
prietor of the Freeman', Journal, was made absolute,
and Mr. Harvey was desired to be forthwith brought
to the Bar j as was also the proprietor of the Herald.

FEBRUARY 6.
MR. KIRWAN'S SENTENCE.
This day Thomas Kirwan, Esq. appeared in Court
to hear Judgment pronounced : shortly after the
Judges had taken their seats, Mr. Justice DAY ad-
dressed him to the following effect :
g, Thomas Kirwan, you have been tried on an in-
dictment founded upon a Statute, the 33d of the King,
commonly called the Convention Act, for having
voted and acted at an Election of Delegates, to re-
present the Roman Catholic Inhabitants of the parish
of St. Mary's, in this City, in a General Committee
of the Catholics of Ireland. After a patient and dis-
passionate hearing you have been convicted upon
clear, conclusive, and uncontroverted evidence. The

persons entrusted with your defence had indeed them-
selves admitted the fact charged ; for instead of con-
tradicting or.controverting it, they resorted to three
different modes of avoiding a direct issue, namely,
Ist, to a challenge of the array, which after a discus-
sion of two days, had been found to be false and un-
grounded ; Secondly, to an unavailing and irrelevant
cress-examination ; and lastly, to avoiding the merits
of the case by resting upon a certain point of variance,
which, when reterred to the decision of the twelve
Judges, had been without hesitation pronounced per-
fectly futile and untenable.
The act for which you have been found guilty
has been declared by the Legislature a high misde-
meanour ; not because it is contrary to any principles
of religion, morality, or justice, but for its political
character and tendency. The statute has declared
that all representations by delegation are unlawful,
for puritere shall afford no cloak to pi otect them from
its operation Such is the precaution of the statute,
that it proceeds to arrest them in their earliest steps,
towards acting in pursuance of their appointment ;
and the very publishing ot a notice of their meeting,
before any possible knowledge could be had ot their
transactions, is pronounced a high midemeanour.—
Neither Pretence nor no Pretence Corms an object for
consideration ; the construction and constitution of
I the meeting is what the Legislature has pointed its
attention to, and hot the object or purpose.
" It is not, Sir, the province of the Bench to vin-
dicate the acts of the Legislature ; but it would be
easy to shew that no hardship is imposed by this
Statute.—lt restrains both Protestants and Catholics,
yet by a superabundance of caution it saves the sa-
cred right of Petition, as established at the Florious
I Revolution by the famous Bill of Rights. This all
of his Majesty's subjects here enjoy, whether Protes.
tants, or Catholics, in the same spirit and purity in
which it is enjoyed by the subjects in Engl md. I
shall never, for my part, wish to move in a larger
sphere of liberty, than that enlightened and brave
people are satisfied with. Whether a jealous adherence
to old maxims of civil freedom, or an enthusiasm in
search of new additions to their rights and privileges,
pervaded the whole population of that great and re-
spectable nation, in their wildest excesses, a conven-
tion snih as that which had lately agitated this coun-
try, had never been known amongst them. This
species of public assembly is the peculiar growth of
Ireland.

44 It is superfluous to point out how much it is in
its nature calculated to produce mischief—to overawe
the Legislature, and to controul the deliberations of
Parliament. Such has been the Convention of 1793,
such has been the Volunteer Association of 17t42,
and such has been a memorable C. nventinn of an
earlier period, which was composed precisely of the
same members as the Convention whose acts have
lately occupied so much of the public attention, com-
posed of peers, prelates, and commoners. An assem-
bly of this description must by an easy and natural
transition degenerate from purity of action or inten-
tion into a perfectly seditious association. lam fully
aware of the high honour and public virtue of several
characters who had formed members of the late Com-
mittee. lam persuaded, that if ever they w. uld be
betrayed into a violation of the provisions of the con-
stituti,n, they would err innocently. But it is the
nature of man, when he passes the boundary of the
law, to forget his legitimate motives, and to launch
into excesses from which his head and his heart
mould at first recoil.

those excesses are not controuled, they
soon acgaire command and dominion; all the mis-
chievc.us and delusive passions rise to the top like
:half, while those of intrinsic value and merit sink to
the but.om and are lost. Under those impressions
the Gov, rnment of this tonntry stepped out to inter-
lens with the pr .ceedings of the Catholic Committees
Their energy and vigilance have not been more lau-
dable than their moderation and conciliatory exer-
tions have been praise worthy. When their object
had been effected, the Attorney-General had seized
an opportunity of indulging the mild impulse of his
nature ; and he entered a nal presequi in all the other
actions, convinced that the loyalty and obedience of the
Catholics of Ireland will bow with respect to the Laws
4, It is fair to say, that the Roman Catholics did
not wilfully violate the provisions of an act upon which,
able and virtuous Lawyers had entertained much
doubt. The transactions heretofore are therefore
consigned to oblivion; but henceforward things must
be otherwise. No subject, Protestant or Catholic,
can any more violate the Law by inadvertence or
from want of knowledge, therefore a transgression
must necessarily be visited with rigour and severity.

..
tinkutit e !topes that it Will be it/liceibie to the enitre
!
kingdom.
" The Act shaft resume itt Vigorous operation i
it shall awake from its long slumbering and in future
remain vigilant; the Catholics will bow to it—they
were heretofore only ignorant of its force; Under
those impressions; and imitating the mild demeanour
of the Attorney-Genera!, the Court means to punish
you with only a nominal penalty.
" I cannot conclude, Sir, without reprobating in
strong terms, some slanderow practicer which you have
been guilty of upon your trial, especially the transac-
tion of the affidavit, with which you had sought to
throw an unfounded iniputation on a most respectable
gentleman in the jury-box. Having now dischaiged
the ditty that devolved on me, I shall pronounce the
sentence of the Court, and that is, that you Thomas
Kirwan do pay a fine of a Mark, and then be dis-
charged."—Mr. Kirwan bowed and retired.