The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-06-19

racter, it gave him great pain to consider that he
stood In that light. He might, however. be allow
ed to say thai in his case, as In also that OF the
principal traverser, he saw circumstance strongly
IN his favor, besides that OF the mere relationship
which existed between the parties. There was
circumstance which he could not but feel pleasure
| IN advertins to- Perhaps he was wrong in saying
pleasure, for 1t was scarcely possible Tor him TO feel
sensations Of pleasure with respect to the subject at
al-but yet he considered 1t right TO state matter
IN particular with respect to the principal traverse
In the case, and that was that this conspiracy-ths
consplrlng-this intent and these illegal means
illegal as he Judge Burton) considered them to be
| to the full extent OF the charge-lega as he con-
| ceived them 10 be with respect TO the dreadful
effects which might have resulted, ard illegal re-
I garded the influence they might have had upon the
condition OF the subjects OF this re aim; yet, they
were not without some redeeming circumstances.
| The main proceedings charged were the assembling
OF multltudes for the purpose of carrying this de-
| sgl-overawlng by intimidation and the demon
| sration of physical force the Queens subjects
opposed to measure having Tor It's object the dis
| solution of the Union and extending also to the
intention of overawng and intimldating the legis-
| lature. Part of these means was by assembling
and calling together great and muttudinOus meet
ings OF the public-meetngs which he believed
| had got the appellatlon of "monster meetings."
from the traversers themselves, or some of them,
| and meetings assembled for the mani.est-ir iced
] he might say the avowed motives OF showing the
great power and the great iniluence-the irresist-
| ible influence and power-of those persons who
put themselves under the command of the principal
| traverser. They were called together in such a
way would In itself have tended TO the terror of
all the Queens subjects in the neighbourhoods in
which they were assembled, If it had not been for
the great influence and great authorty-an author
Ivy undsputed, and an Influence irresstibleot the
principal traverser, who exered all that influence
TO prevent any outrage or breach of the peace at
any OF said meetings or consequent upon them. lie
| Justice b was perfectly convinced that the prln-
clpal traverser did intend TO carry his real object
that OF the abolition OF the Unlonhe did not say
not by violent me ans, Tor excitement, and lntiml
datlon, and terror were vioen means-but he meant
without the infracton of the public peace, without
Gf it were possible) the shedding OF drop OF hu
| man bood-he believed that he had that deslga
footed in his mind that he desired to act upon II ;
and that it was by the great influence which he pos
| sessed as a leader. he had been able to keep and
preserve the peace TO the extent it had been kept
and preserved. Let It never be forgotten that man
who felt all those motives and desires as strongly
| as any human being could, and that person who
would not on any account commit an act OF vlo-
| lehce or blOodshed-let 1t never be forgotten that
! man who possessed that unbounded authority and
Influence made no use OF 1t tor the purpose OF pro-
ducIEg bad effects. Let them consider that he pre-
served or kept the country, or part of the country
| where he resided, from the dreadful operation of
civil war and the shedding of human blood. But
I the continuance of these things did not depend
upon blu,. The (his lordshiD did not misconceiye
several passages in the speeches OF Mr. O'Connell,
| they were used tor the very purpose OF keeping
down violence. He had stated over and over az ain
that Repeal was inevitable and irreslstbe-that 1t
| should be accomplished if the people only
obeyed their leader, and abstained from violence
| and from the commission OF outrage. He hoped
| and trusted that 1t might be carried without any
breach of the peace, and he called upon them not to
| commit any. II they did he would cease to be
| their leader but during his life he would never
consent to violate the law. He CMr. O'ConnelD
| further stated, that the only thing which could
| make him give up the "proud position OF leader"
| would be the commission OF such an act as he had
| described, or his finding 1t impossible to achieve
| the end preposed-that he should then leave them
| to themselves; that in case of aggression they
| knew how to act. This, whether he expressed 1t
or not was the effect of his observations and UNI
der these circumstances, therefore, however they
might lament it, they were bound to consider that
| the offence remained the same-that his exhorta-
tons to peace did not take away from The act OF
which he had been convicted, and that from the
conspiracy that had taken place it did not take
| away the character of conspiracy. With reference
| TO that portion OF the indictment which charges
the traversers with having established arbitration
| courts throughout the country, l VIII only observe
! as have already on a former occasion observed,
that such proceeding might be under particular
| circumstances, not only lawful, but even
a audale thing, but the indictment charges
thea with having adopted this course with
| an improper view, and 1t Is impossible not 10
see that the institution of these courts, the present
| instance, was designed and regarded by the ira
versers a component part OF their plan OF action,
and portion of their proceedings towards the man
| object which they had IN vlew-namely, the aboli-
ton OF the Legislative Union. There is another
| offence specified constituting part OF the charge
upon which the traversers have been found guilty,
and that is the exciting of discomfort and disaec-
ton in her Malesty's army. On another occasion
directed attention TO this fact, that the traverse rs
| are not charged with causing mutlny or deserllon
IN the army-there Is no charge OF that KIND III the
Indictment They are merely accused OF exciting
discomfort and dlsa!ieclon amongst The army, ana
uron that charge verdict Of guilty has been re-
turned against the principal traversers and some
others This branch of the conspiracy is connected
| closely with the main object OF the whole plan ana
proceeding, which was that OF destroying the iessc
| latlve Union between the countries, by means OF
| such demonstration OF physical force as would
appear to render their demands irresistible, and OF
course would make the legislature despair OF at
| tempting to sustain the connexion. But must
draw to a conclusion. have perhaps dwet too long
upon the subject, considering how carefully this case
has been Analysed in all It's parts, and considering
how mnutely 1t has been made IN all Its branchvs the
| subject of minute and heightened consideration.
| must, therefore, without delay, come to conclu-
sion, and must announce the measure OF punish
ment which the court have deemed 1t right 10
award as the consequence OF committing an offence
of such magnitude as have described have al
ready stated that it is mlsdemeanour-that 1t is a
| very high misdemeanour, that 1t Is most culpabe
| misdemeanour-a misdemean0ur dangerous 10 an
extent which | may describe in one word, In Its
tendency (amost inevitable II persisted in,) TO the
production of " civil war" If the offence laid IN
the indictment be OF this description, and 1t the
charges have been established to the satisfaction OF
jury, it is offence which must necessarily lead
to severe and signal punishment. This PROPOSE
ton being conceded. the question then comes, by
what principle ought the measure OF punishment TO
| be regulated. ! think may safely say on my own
part, and also upon that OF my learned brethren,
that in awarding punishment to an offence OF this
| kind however fully convinced we may be that 1t
has been clearly established against the defendants
however dangerous we may think 1t, as Being
, calculated to lead TO conviction IN the public
mind and to enormous mlschlefs, we do one and
all feel that we ought not to suffer judgments 10
be led asray by any feelings OF evaporation, or by
| any sentiments OF indignation, and that we ought
not feel any desire to lnil c punishment, merely
! because it may have been deserved. We ought 10
| consider the matter thus "A crime has been con-
| mitted-a dangerous crlme-it must be punished
! it must meet with exemplary punlshmcnt-a pun
| ishment which will be likely TO prevent The
crime being committed again by the same
persons OF by other persons. 1t Is with deep con-
vlcton OF this truth that we ought to approach The
| consideration OF punishment in such case as the
present and tor myself and am sure, may say