Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1843-12-12

ostensible, and as could collect from the
informaions sworn before me, The avowed
object of the persons being, in this case,
the abolition Of the Legislative Union Of
Great Britain and Ireland, as at present
subs!sting. Gentlemen, it appears to me
to be right with reference to the term Lee
gslatIve Union, and the form in which.
have described 1t, as at p.esen, subsisting,
to advert to some expressions stated in
some part of the Information on which the
indictment is, or will be framed, and which
| think material to state to you.
1t appears, then, that some or one of the
persons charged, have. or has asserted, al
some or one Of certain public meetings re-
rerrrd 10 in the information, that this Leg
islative Union, is, in itself, unlawful, that
it is absolutely void, the consequences of
which might be that every statute made
since the Union, and importing 10 bind Ire
land, would, TO that extent, be void and Of
10 legal effect Whether this imputed lam
guage be correctly stated. or whether any
language to that effect was actually used
or IT used was used in that sense, YOU shall
have, as is necessary for you, to examine
and satisfy yourselves Of. But think the
statement in the sworn information, as |
have collected it, authorizes and makes it
incumbent on me to say for you ia this
place, that such proposition has no legal
foundation, and that the Legislative Union
is not only practically but lawfully, in
force in Ireland; and that you in exercis-
ing your udgment upon that Indictment
upon the indictment that will be preferred
TO you-are bound so to consider it. His
lordship, after referring to the charge al
legged against the parties 10 the indictment
-consplring by demonstrations Of physical
force 10 procure change in the laws, sta
ted that this did not necessarily presuppose
any inlraction Of the public peace. He
continued: The exhibition of immense
bodies of men, being persons petitioning
for repeal of the Union, and at The same
time asserting in their prese nee that 10 part
at least, by their Intervention, it must and
should take place, seems to afford ground
for charging it in the Indictment as pur-
pose of intimidation. Gentlemen, whether
it really had the purpose or not, must be
in the first instance for you to Judge Of
that is, to judge whether it is or is not q
matter Of charge fit and proper to be tried
by jury on plea of no: guilty.
Gentlemen, have further to :el you that
the charge in the Indictment upon these
grounds is, in truth, misdemeanor; and
further, that there appears to me to be evi.
dence Of the inference to be drawn from
it; you are in the first instance to Judge
and on that ground either to find or reject
the bill. After referring TO the attempts
made to excite dissatisfaction int he army
AMI navy. which if proved, his lordship
pronounced high misdemeanor-to GER
tain letters and articles published in the
Repeal papers, his lordship proceeded to
consider the fiscal part of the charge-the
collection Of the rent Gentlemen, this is
the charge of soliciting and obtaining, as
we'll from different parts of the United
Kingdom, as from foreign countries, large
sums of money in order TO promote and eff
lectuate the objects charged by the indict-
ment. Gentlemen, there is certainly evil
dence, and | think may venture 10 say,
clear evidence Of the receipt Of contribu-
tons from different parts Of the United
Kingdom, and also from foreign countries,
and as it may appear by the manner aad
terms OF the acknowledgment of such re-
ceipts, of encouraging, if not directly soli-
citing the continuance of them. feel that
| must, according to my view of the sub
ject, add that this offence. as it appears to
me TO be charged-l alude here 10 the mo-
iives and purposes ascribed to the collection
OF these contrlbutions-is 4 misdemeanor.
and cannot but feel myself bound to say
that in my own present views Of this part
of the case the fact itself opens considera-
tons OF very great Importance, and such as
would in my alignment, under the admitted
or hitherto uncoHtested circumstances of it,
disclose case very fit for, and possibly
could only De satisfactorily adjudicated on
by trial under the plea Of not guilty to
the Indictment.
The appointment Of nrbtrators to decide
on matters of litigation between the
Queens subjects, calculated as it was to
bring into contempt the legal tribunals Of
the country, bis lordship pronounced, if
proved, misdemeanor. Ii the facts on
which the evidence is charged are but
clearly proved, it may be the better course
to find the bill on that evidence, leaving
them, together with their legal consequent
ces, to trial on an issue joined to a plea
of not guilty. By the exercise Of your
duty, | mean the finding or the non-fnding
as to you may appear most fit and proper,
Of a true bill; which, if found, will send
the case to be decided upon by jury, cho-
sen to decide between the crown and the
subject. The concluding part Of the charge
referred TO the government reporter. If
the grand jury thought he had wilfully and
del erately sworn what was not the truth,
they would of course diebelieve him-if. !
even, through negligence or inadvertence
through proper want Of attention to his |
important duties, he had stated what was
not correct-that alone, although not suf- |
fcient to deprive him of all credit, was suf- |
fcient to impeach his testimony. The con-
GLIDING portion OF the charge referred to
the importance of the case, and 10 impress
sing on the grand jury the necessity OF gi- |
wing it their best consideration.
His. lordship's charge, which lasted fo:ty
three minutes in delivery, was listened to
with breathless intent.
From Wilmer s. Smiths European Times, Nov. 4.