The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-10-31
Mr.. whi,osido's Gros, speech in Defence Of Smith


nal, the magnificent peroration to the defence Of
Mr.. Whiteside, counsel for Smith O'Brien. twill
rank among the most splendid specimens Of forensic
eloquence:
have now told you al, and il is for you to say
whether the charge preferred air my client has
been made out. have explained 10 You the prin-
cfpIes o. the law, and nave shown you that the
fact ofappearing in arms Is not enough-thtit must
be treason within the Indictment and 1hat if that
be not proved you bound to acquii the prisoner.
have observed upon the evidence and considered,
so far my humble ability will permit, The great
question involved in this solemn tral-namely, the
guilty intent of the prisoner.
Even although the explanation of his conduct
may bein some respect unsatisfaetory get ifit fall
short Of the tremendous guilt of reasonthat IS, an
intent deliberately formed and put in execution TO
compass the Queens death, or levyng war against
the Queen, acquit him you must. Well do know
and feel the weighty difficulties of his case. With
some, prejudice has blocked mp the avenues to the
understanding; in others, calumny mas done its
work. The impracticable politician has been CON
| demned to fate he has provoked and deserved.
Driven 10 excuses, he did not contemplate in order
to preserve his personal liberty, he must pay the
| forfeit Of his presumption with his life. Had he
been a hypocrite, who assumed patriotism as the
mask of selfishness he would ere now have received
the rich reward of his political baseness.
!. Had he been willing 70 sell his principles, he
would have been promptly paid his price. He had
only to cheer on inconsistency when most III rant,
to applaud ythat he had condemned, and 10 con-
denim whit he had applauded-to unsay what he
had said, and to say what he did not honestly be-
leve, and the attainted traitor would have been
patriotic placeman. He might have fiOurished in
individual prosperity after he had traded with sut-
hclent tact IN the mserles OF his country. Obstl-
nate, perverse man having adopted political Opin
ions sincerely, no matter how erroneous, he has
acted with rigid honesty and consistency in an age
fexistng tergive rsation and deception. He now
hooted by all parties, for he has attered and ehas
stopped to none.
This offence against party is worse than his in
tent to kill the Queen-for he has unmasked fac
ton and exposed meanness and corruption. There
fore, let him die in his impraeticabe folly. Viii
ther can he turn for sympathy! From whom ex-
pect Justice Slandered blackened and vlfed,
his motives malgned, his conduct misrepresented;
nicknamed traitor, anarchist, the foe Of social or
der, property and laW-Whlther can he look for
refuge ? A price was set upon his head he has
been caricatured, hunted through his native conn
try-no epithet of abuse too gross to be applied
to him. Where can he expect a temperate consid-
Grafton of his motives and entire political career
Nowhere but from you. And yet the honorable
prejudices of your nature may be enlisted against
him-you may have been taught to consider him
the obstinate enemy of your cOuntrV's peace. His
hope ought alone ID be where the law has placed it
in the honor, the integrity, the discernment, the
humanity of jury.
rampant of defence to accused men--that jury
was designed TO Represented for political conduct
the Crown. Judges must be unbending jurles
may regard the fraihy Of human nature Jurles-
sprung from the peope-cast the ample shield OF
their protection over their fellow-subects where
they can-believe his heart, his motive, and his
purpose were not guilty, equivocal although certain
Of his acts may be. Such is the high task and
office designed for you in that famous constitution,
whose foundations have been laid in the deepest
wisdom, and which has been through successive
ages cemented by the patriots blood and consecra-
ted in the martyrs fire. Your counryman, your
fellow mortal is in your power. Seek not, with Sc
we're anxiety, for proofs on which to send him TO a
bloody death; rather regard the evidence which
enables mercul men to save what may vet prove a
useful life to his family and his country.
The boast of British law is, that it abhOrs the
shedding of human blood. Yield to IFS benign prln
cipes to the generous impulses Of your nature, and
stand between the prisoner and the grave. hOr-
ribe death-a grave he must not have-awaits him.
Save him by humane verdict from fate so dis
NAL Review his life From his mothers breast
he drank in a love of country-from fathers pa
triotic example the passion grew TO a dangerous
height He has INDUCED, perhaps, vision, TO the
peril of life, that Ireland might be nation, and you
her guides to wealth and greatness Is not death
upon the scaffold terrible punishment for the be-
lief although misguided that lFishmen had intellect
enough to rule the country of their birth In his
childhood he heard that the Union with England
Wasscarried by corruption He heard from an Irish
Senator whom money could not purchase--whom
title could not bribe-who gave his honest vote,
and would have freely given his life TO save the
perishing constitution Of his country.
That father recounted to my client what Plunket,
Bush and Grattan spoke the last memorable
night of our National existence. How he has been
persuaded by the gravity of their arguments, niiu
enced by their ardor, and transported by their elO-
duence His youthful Imagination, fired by a sense
of Ireland's wrongs, dwet on the days when we
had a gentry and Senate with intense constancy,
and the passion grew that he might restore Para-
ment to the land he loved. This his real crime, II
his actions were directed TO this end, and he has
been misled by the too implicit reliance on doc
trines unfortunately argued by great lawyers in the
heat Of debate which they could not recall, end
which have msdirected many. Your couulrynan
followed up these, as he beHeved5 constitutional
opinions He wished posterty to review the pCi!l-
cal transaction he had been taught TO condemn.
This was the source Of all his errors. Bitter da-
appointment has crushed his ardent hopes hllt a
preliminary constitution he wished and mean 70
have given TO Ireland. No mans property would
he have touched-no law Of God or man would he
have broken. lie was mised into the delusiQn ma.
IreIand's gentry were qualified for freedom LoYea
by those who knew him, generous, dlslnereste0'
utterly unsellish through life, humane ana tehaer-
| hearted-he stands at the bar OF ll5 country;
TO answer for having meant to kill the queen anu
subyert the constitution, which IN beart nc atoIes-
His true offence is. that he cOurted fOf you Wlde Is
/ England's glory and blessing ana pIlue: Deepy
| he may have erred in pursuit OIL Iiils uails oeot
will YOU avenge his mlsdHecleu F1'ilo'is'1 ~ "
Won NAV do SO. and no earthly inducement will
tempt me to say if you pronounce the awful sentence
od gum conna3ded. If his countrymen condemn
INV client. he will be ready to meet his fate with
The faith of a Christian, and with the irnness OF q
man sensation The last accents of his lips VIII
/ breathe prayer for Ireand's happiness, Eeland's
| constitutional freedom. The dread moment tiiat
/ shall precede his mortal agones will be consoled,
if through his sufferings and his sacrifice some ys
| tenn Of government shall arise-whlch aver mas
never exsted-ust, Commemorative, impartial ana
| above all consistent which may conduct to wealth.
prosperity and greatness, the country he has loved
| not wisely, perhaps, but too well.
Would 10 God Mr. Smith O'Rgien, were my on
! w client The future happiness Of an honorable,
ancient, loyal family is here at siake--the Church.