The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1848-11-04

The Defence Of Smith O'Bien.
The Dublia F,eeme ~ journal pub
fishes reportof the defence of Smith
OBrien. bylhis counsel, MI. Whi'eside.
The speech produced q profound sen.
sa.ion, and is in every respect o mas
terly eff;r.. The following is the con.
cluding portion oil it:s .sYa1eksa seA
have now told you all, and tits for
you 10 say whether the charge PREFER.
ed against my client has been made out.
| have explained to you the principles
OF the law, and ] have shown you thai
the fact Of appearing in arms is not
enough-that ltmust DE treason within
the indictment, and that il that be not
proved, you are bound to acquit the
prisoner. have observed upon the
evidence and considered. so far as my
humble ability would permit, the great
QUESTION involved in this solemn trial
namely, the guilty intent ofthe prisoner.
Even although the explanation Of his
conduct may be in some respect unsat.
isfaciory, yet if j. fall short OF the ire.
'mendous guilt oftreason-thati At is. N in.
tent deliberately formed and put in ex-
ccution TO compass the Queens death,
or Of levying war against the Queen,
acquit him you must. Well do | know
and feel the weigh.y difficulties Of his
case. With some. prejudice has block
ed up the avenues to the understanding;
in others, calumny has done its work.
The impracticable politician has been
condemned to fate he has provoked
and deserved. Driven 10 excesses he
did not contemplate, in order to pre-.
serve his personal liberty, he must pay
the forfeit OF his presumption with his
life. Had he been a hypocrite who as.
sumed patriotism as the mask Of selfish
ness, he would ere now have received
the rich reward ofhis political baseness.
Had he been willing to sell his pIinci.
Piles, he " ould have been promptly paid
his price. He had only to cheer on in.
consistency when most fragrant, TO ap.
plaud what he had condemned, and to
condemn what he had applauded to
unsay what he had said, and TO say
what he did not honestly believe. and
the attainted traitor would have been
patriotic placeman. He might have
flourished in individual prosperity after
he had traded with sufficient tao. in the
miseries Of his country. Obstinate,
perverse man; having adopted political
principles sincerely, no matter how er-
he has acted with rigid honesty
and consistency in an age Of existing
and deception. He is
nov hooted by all parties, for he has
and he has stopped 10 none.
This offence against party is worse
than his intent 10 kill the Queen-for
he has unmasked faction and exposed
meanness and corruption. Therefore,
let him die in his impracticable folly. -
can he turn for sympa,hy?-
From whom expect justice? Slandered.
blackened and villifed. his motives ma
|igned,his conduct mlsrepresented, nick
named traitor, anarchist, the foe Of So
cial order, property and law whittier
can he look for refuge? A price was
set upon his head; he has been carica.
tured, hunted through his native coun.
try--no epithet of abuse was too gross
to be applied to him. Where can he
expect temperate conside ration Of his
motives and entire political career' M
where but from you. And We, the hon
orable prejudice Of your nature may be
enlisted against him; you may have been
laugh: to consider him the obstinate en-
amy Of your count:y's peace. His hope
,ught to be alone where the law has
placed it-in the honor, the integrity,
he descernment,th the humanity Of jury.
A rampant Of defence TO accused
men, that jury was designed to be, pros
,cuted for political conduct orpoIitica
.xcesses, by the weight and power OF
he Crown. Judges must be unbending:
uries may regard the fraility Of human
nature. Juries sprung from the peo-
,le--cast the ample shield of their pro-
ec,ion over their w.subjects where
hey can believe his heart, his motive,
md his purpose were not guilty, equiv.
zeal though certain Of his acts may be.
Such is the high task and office design
ID for you in that famous constitution,
whose foundations have been laid in
he deepest wisdom, and which has
,een through successive ages cement.
ID by the patriots blood, and consecra
ed in the martyrs fire. Your coun.
ryman, your felIow-mortal is in your
power. Seek not, with severe ankle.
y, for proofs on which TO send him to
! bloody death; rather regard the evi,
lence which enables merc;ful men to
o. ..,kc& ,,,or .,ot r~snuo s,,,~C,t l.f.,