The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-12-22

question must and will be at last decided which
is is this repeal agitation legal or illegal, constu-
tional, or otherwise
Since last wrote you, on the Sd inst, every
days post from Ireland has brought some
new subject for regret to those who love
that country and sincerely desire her prosperity;
Every day has brought letter upon letter, and
column upon column, full OF variations OF
the mutual attempts at juggling Qor It Is nothing
else), practced by the Attorney General on the one
hand, and by Mr. O'Connell and his repeaers on
the other; and one has not known which most TO
deplore, the spectacle OF the law ofhcers OF the
crown resorting to sharp practice and to mean and
artful trickery, or the other spectacle OF Leaders
Of great public national movement not having
courage enough to meet the charge brought
against them as repealers should do, by a
straightforward manly plea of Not Guilty.
For either O'Connell is sincere in his repeal
movement, or he is not If he is not sincere, II he
only proposes to buster and bully to raise. large
sums of money, and te spend them; TO collect an
enormous quantity of "rint," and to appropriate 1t
in objects more or less Objectionable or qncstiona.
BILE, then indeed he deserves the execraton OF all
Christendom. But if he is slncere IT he IS consc-
entousy persuaded that the repeal OF the Union, as
far the Parliament concerned Is essential and
indispensable TO the happiness and prosperity OF ms
country-then he should act in harmony with his
principles and convictions, and not seek to delay
the termination OF a question which must be brought
to trial, and which will be SO brought In spite OF
all his dilatory pleas and motions to the contrary,
viz is the agitation of repeal in and by the means
hitherto resorted to- legal and CONSTITUTIONAL or not!
And really one is astonished at the course which
O'Connen adopts if he be really sincere. For
whilst this Indictment is pending against HIM, and
which contains all the charges which could be
brought together connected with the repeal move
men, he cannot proceed with his repeal agitation:
The people, the great mass OF those who constituted
his repeal meetings, do not understand all the
legal Juggling now going on. They want repeal.
O'Conne1 has convinced them that Ireland ought
to have her own parliament-and they believe that
with sucha measure would arise peace satisfaction,
harmony, national and individual prosperity, and
every other good which a great nation could de-
sire. Believing this they demand repeal--aad now
they see O'Connell resorting to sham pleas and mo-
tons for delay. They rub their eyes, and ask,
"does he show the white feather -
interest in all this Especial pleading" and who are
much amused by the technicalities Of judicial dis
putes and forensic display, They stand, like the
hackers and the bottle holders OF prize hghters and
say, 600 it, Dam" and 'That's right, Smith" %
But, after all, this is sad work when nations In.
terests, and peoples peace and welfare are at
stake. It is miserable chlcaney at all times, un-
der all circumstances, and tor all causes but when
grand national question ls at issue, to hear quib-
bles made by heAttorney General as to whether he
should give copy of the caption OF the indictment
to the traversers, and whether he should supply
list of the names of the witnesses from the back
of the indictment to the same parties, and to hear
arguments about four day rules, and halt day not
counting in the fourand to counsel after coun-
Sc ambitious to rise to debate such matters-l avow
feel myself ashamed Of all the parties concerned
in such system, both of attack and defence, and
feel no respect whatever for any one man engaged
in the contest.
| have thus began my letter, because wish your
readers at once to feel that have no stirring and
thrilling incidents to relate or place before them;
that the parties in crouchlng or shutting att-
tude that there is nothing like 'plain, stand-up
fight going on and that even the Judges seem to
lose their independence, and to decide one moment
this way, and another moment just, the opposite.
So the Government has summoned, since last
wrote to you, special Grand jury, to nave new
indictments laid before them against OConnell
and others and then, when they met, abandoned
cheir announced intention, and presented none,
In this state Of affairs nothing IL certain. The
Attorney General of Ireland may, on some far
morning, change all his present intentions ana en-
or nformations and Mr.. O'Connell may, on his
part, bring an action for damages against the Ator-
ney General and all persons concerned in the indlct-
ment so abandoned. All this Is possible, because
the present prosecution is neither conducted the
one hand, or defended on the other, upon high and
national grounds.
The Indictment found by the Grand Jury against
Mr. O'Connell is almost volume. The witnesses
were principally official persons, and the evidence
they gave was no doubt correct, but TECHNICAL
They were few in number, but proved the leading
facts to the satisfaction of all the Grand Jurymen
except one and that one afterwards declared IN
Court that he was not satisfied with the finding of
his brother jurymen.
The counsel engaged by the Crown against
the defendants, are the Attorney General (Mr.
SMITH; the Solicitor General (Mr. Greenl; Mr.
Sergt Warren; Mr.. Brewster, @. Co., Mr.. Tomb,
O.. G. Mr.. Freeman, O. O., as well as Messrs.
Holmes, Napier, and Smiley. They are certainly
able and distinguished men. but the host OF talent
opposed 10 them is very great indeed:
Il is said that O'Counell and the leading men,
bers Of the Repeal Association will yet be prose-
cued for belonging to that society, and that in
of verdict of acquittal, Sir Robert Peel would In
troduce bill next session, at the very first day, to
put down that, and all similar societies, by law
There are indeed reports OF indictments Tor high
treason, but doubt very much, indeed, whether
such indictments, if presented, would be found
There are variety of calculations made and
afoat as to the time which the trial OF this prose-
cuton will take. Some say long as Warren
Hastings tria--eght years. Others announce that
tO'Connell will probably subpoena, some thousands OF
witnesses, composed of those who were present at
each of the ''monster meetings., In order to show
that they were not seditious reasonable meet
ings, and that the object proposed to be accom-
pshcd and the measures adopted to secure the
| end, were at once legal and constitutional.
| O'Connell is not we'll He is much annoyed and
harrassed by this prosecution. Instead OF goadmg
the government and attackingit he has now to de-
fend himself from the charge OF conspiracy, HIS
health is affected by this and he has been advised
| to leave Dublin and proceed TO the house OF his
son John tor fresh air and exercise, quiet and re.
taxation.
The plea OF abatement Of O'Connen to the in.
dictment is, that as by the act of 56 George Sd,
witnesses examined before grand jury were to be
sworn in open Court, and inasmuch as those sworn
in this were not so sworn, that the indictment
is null and void
The Irish Tcmore Commission has not yet got to
work know not howl il is, but 50 II is, that there
appears 10 be sort of fatality about every thing
connected with Ireland. When the Welsh Com
mission was named it got TO work instanter.-
There was no delay no justification, no doubt or
difficulty; aud most searching viii be lite inquiries;
But when the Irish Commission was appointed
there were differences ri once 10 who should be
chairman-and now there are differences as TO how
the object 10 be accomplished is TO be set about-so
tina, in fact nothing is done and instead of good,
sound able report ready TO be presented 10 Paria-
ment on the first day of next session, upon which
some great practical measures could be founded, it
is very probable that the whole OF next year may
be lost in enquiry, and no bill be brought for
ward until 1876, il even as soon as that. In the
mean time "deslituton" Is increasing, the tide of
poverty is rolling rapidly onward, the people be-
come more hungry, more naked, more houseless
and firelcss every month, and consequently they
are less and less disposed in favor Of British rule:
f~l-- - and,