New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-10-21
Mr.. whites de,s Great speech In Defence of
smith O,Brien.

We copy from the repor, OF the Freem0Hs Journal
thu reroration 20 the defence Of Mr. WHITE
.,ox counsel for smith o'Brien 1t will rank among
the most splendid specimens of forensic eloquence
Ihaye now told you ALL and il is for you TO say
whether the charge preferred against my chent mas
been made out have explained To you the principles
Of the law and have shown you that the TACT OF ap
pearne la arms 10 not enough-ths II must be treason
within the Indictment and tina, II that be not proved
you are bound TO acquit the prisoner have observed
upop the evidence and considered far ~ my humble
ability would permit the great question involved In TINS
solemn trisl-namey, the guilty intent oil the prisoner
Even although the explanation OF his conduct may DC
in some respect yet II II fall short OF the
tremendous gilt of Ieason-thsti IL, an intent dehber
stey formed and put in execution to compass me
Queens death or evying war against the Queen acqo
him YOU must We'll do know and feel the weighiy
difficulties of his With some, prejudice has block
ed up the avenues 60 tho understanding; IN others
cslumny has done ia work. The impracucaole pol
ticihn has been condemncc n fate he has provoked
and deserved. Driven to excuses he did not cohten
plate In order preserve his personal liberty he must
pay the forfeit of his presumption with HE NE hau
he been hypOcrito who assumed patriotism as the
mssk of ,elhshness he would ere now have received
the rich reward OF his political baseness
Had he been willing TO sell his principles, he would
have been promptly paid his price. He had only TO
cheer ON Inconsistency when most fragrant applaud
what he had condemned, and TO condemn what ne mad
appsuded-o unssy what he had said and TO say what
he did no, honestly believe, and the sttanted traitor
would have been patriotic paceman. He might have
hourished in individual prosperity alter he had traded
with sufficient tact In the miseries OF bis country %
suna,e perverse man having adopted political opin,
Ions sincerely no matter how erroneous he has acted
with rigid honesty aud consistency an age OF existing
regeneration aud deception. lie Is now booted by All
parties for he has st,ered and he has stopped 10 none
This offence against party s worse than his intent 10
kill the Queen--for he has unmarked faction and eN
posed mesnness and corruption. Therefore. let him
die In his mpractcSblc folly WHITTIER can he turn 'or
sympsthyt From whom expect iustcef Slandered'
hlscscned and yihed, his motives malgned. his con
duct misrepresened ncknsmed traitor anarchist the
Zoe OF social order, property aud aw-whther can ne
look for refugee A price Was set upon his head he
has been caricsmred hunted through his native coun.
t-no epithet Of abuse was too gross to be applied 10
him Where can he expect temperate confederation
of his motives and entire political csreert Nowhere
but from YOU Aud yet the honorable preladlces OF
your nature may be enlisted against hiin-you may
have been taught to consider him the oetns'c enemy
of your countTys peace His hope ought alone 10 be
where the law has placed itn the honor the integr
~ the discernment the humanity OF a jury.
rampant OF defence TO accused men tnai la'y WAS
designed to beproseca'ed for political conduct OF Pon'
cal excuses. by the weight and power OF the NtoWh
Judges must 10 unbendlng; iaries may regard th'
tsiliy OF human nSlare jUries-sprung nom the
peoplecsst the ample shield OF their protection over
their fellow subjects where they csnbeheNe his heaFt
M, motive and his parpose were mo-, guilty equyoca
although certain OF his acts may be such IL the mgr
task and oicc designed for you In that iSmos eonst
tuition whose fonn datons have been laid IN the deepes
wisdom ard which hss been through successive agci
cemented BY patriots blood and consecrseo IN th
martyrs Ere. Your ccuntrymsn Your felio"'inottA
proofs on which send him TO bloody death rsihe
regard the evidence which ensbles merciiui men .
save what may YET prove useful life 20 his family shS
HE country.
The boat Of British law ia that IL abhors the shed
ding Of human blood. Yield 10 its benign principles
the generous impulses OF your nature and stand be
tween the prisoner and his grave. horrible death
grave he not hsve--S~slts him. save him by
humane verdict IRON fate So dismal. Review hi
life From his mothers hrees, be drank In a love O
eountry--frosn fathers patriotic example the passion
grew 10 dangerous hight He has ins alsed perhaps
vi.,on 10 the peril OF lie, that Ireland might DC %
ton and YOU her guides to wealth and greatness
not death upon the scstold terrible punishment 70
the belief although misguided, that lrsemen had N
teect enough % rule the country Of their birth
his childhood he heard that the Union VITA knesan
was carried hy corruption he heard from an Iris
Senator whom money could not purcnsse-~hotn ot'
could not hribe-who gave bis honest vote md woul
have freely given his hic 70 save the perishns ConsE
,ntion OF his country.
mai father recosn,ed 10 INV client what Planke
eushe and Grs,tsn spoke the last memorable mig
Of our Haroasl existence How he bad been persuade
by the gravity Of their arguments influenced ~ the
ardor. and transported by tier eo q@sesS ns YOU
ful Imagination AIRED BY sense OF Ireland $ wroDs
dwell on the days when We had seGtfy and a Sei
ate with consisncy and TIE passion grew n'
IA might restore a PAfisIre nj to the land ne loved
This his real crime al bis scoHs were directed 70 u
end and he has been misied by the too impAoii rel
Apce on dos trncs unfortunately argued ~ sresi .SV
yers In tho heat Of debate which they could not Y
call and which have misdirected many toaF eo9i
uymen followed mp these. a. he oetved eensuta,,on'
opinions He wished posterity 10 resio" tnc PoHuV'
transaction he had been taught 20 condem
TA.s was the source Of al bis errors bitteT ossi
posptment has crushed his ardent hopes but Pr
hmlnsry c astitauon be w.shed and meant 70 nav
siven 20 Ireland No rnan's property would DC lss
kouched--ao Law OF God would be have oroSe'
Ne was .nlsled into the deuson tssi lrelsnds gentr
were qualified for freedom. Loved BY those who kne'
him, generous dsinssrsssd. utterly unselnsh 'arous