Weekly miners' express. (DuBuque, Iowa) 184?-1849, 1848-11-07

80 SSssO.AS ~ NV Ia -,
From tho Frceman's Journal.
Mr.. WHITESIDE'S GREAT SHEECH
I'm DEFENCE OF SMITH O'BRIEN.
Ihavc now told you all, and it is for
you to say whether the charge pre- fered
against my client has been made out.
have explained to you The princip pies Of
the law, and have shown you that the
fact Of appearing in arms is not enough
that it must be treason within the indic,-
ment, aud that if that be not proved, you
are bound to acquit the prisoner. f"iavc
observed upon the evidence and consider
ed, SO far as my humble ability would
permit, the great question involved in this
solemn trial--namely the guilty intent
Of the prisoner.
Even although the explanation of his
conduct may be in some respect unsalls-
factory, yet if it fall short of the tremend-
Gus gilt Of treason-that is, an intent de-
Iibe rately formed and put in execution to
compass the Queens death, or levying
war against the queen, acquit him you
must. Well do I know and feel the
wcighiy difficulties Of bis case. With
some, prejudice has blocked up the ave
nucs to :hc understanding; in others,
culumny ha, done its work. The inn
practicable politician las been condemn
ed to a fate he has provkeJ and deserY-
: ed. Driven to excuses te CID not con-
template IN order to preserve his person
al liberty, he must pay the forfeit OF his
wit, bic &c, HID In bar,
a hypocritc who assumed patriotism as
the mask Of sclishncss, he would ere now
have received the rich reward Of his po-
Ii,ical bascness.
Had he been willing to sell his prlncl-
pies, he would have been promptly paid
his price. He had only to cheer on III
consistency when most fragrant, to aP-
plaud what he had condemned, and TO
condemn what he had applaudcd--to I'M
say What he had said, and to say wha! he
did rot honestly believe, and the attainted
traitor would have been a patriotic place
man. lie might have tlourished in indi-
vidual prosperity after he had traded
will, sufficient tact in the miseries Of his
country. Obstinate: perverse man; hav-
ing adopted political opinions sincerely,
no matter how erroneous, he has acted
with rigid honesty and consistency in an
aye Of existing tcrgivcrsalion and decep-
ton. He is now hooted by all parties, for
he has tlat.cred and he has stopped to
none.
This offence against party is worse
than his intent to kill the Queen--for he
las unmasked faction and exposed mean
ness and corruption. Therefore, let him
die in his impraclicablc folly. Whittier
can he turn for sympathy? From whom
expect justice? SIandcred, blackened,
and villfcd, his motives maligned, his
conduct misrcpresented nicknamed trait
or, anarchist, the foe Of social order, prop
erty aud Iaw-whi,her can he look for
refuge? A price was set upon his head !;
| he had been caricatured, hunted through
his native country no cpithet Of abuse
was too gross TO be applied to him.
Where can he expect temperate con-
siIoIalion Of his motives and entire po-
itcuI career? Nowhere but from you.
And yet the honorable prejudice Of your
nature may be enlisted against him-you
may have been taught TO consider him
the obstinac enemy Of your countryS
peace His hope ought alone to be where
the law has placed tin the honor, the
integrity, the dsccrnmcn,, the humanity
of jury.
A rampant Of defence to accused men,
tina, jury was designed to be, prosecuted
for political conduct or political excuses,
by the weight and power Of the Crown
judges must be unbending; jurles may
regard the frulIly Of human nature. Ju:
ries--sprung from the peopIe--cast the
ample shield Of their protection over
their fellow -subjec,s where they CALL
believe his heart, his motive, and his pur
pose were not guilty, equivocal although
certain Of his acts may be. Such is the
high task and Office desi gucd for you in
that famous constitution, whose (ounda-
tons have been laid in The deepest wis.
dom, and which has been through success
sivc ages cemcnted by the patriots blood
and consecratcd in the Martyrs fire.
Your countryman, your lcllowmortal is
in your power. Seek not, with sincere
anxiety, for proofs on which to send him
to a bloody death; rather regard the eyl
dcnce which enables mercilul men to save
what may ye! prove a useful lie to his
family and his country.
The boast Of British law is tina. it alb
hors the shedding of human blood. Yield
to its benign principles, the generous i'm
pulses Of Your pataa'e sa III std1u be tween
I The prisoner and his grave. horrible
deaih--a grave he must no have--awuits
him. Save him by a human verdict from
a fate so dismal. Review his life. From
his mothers breast he drank in a love OF
country--from fathers potriotic exam
pie the passion grew to a dangerous
height. He was INDUCED, perhaps, Vi
sion, TO the peril Of life, that Ireland might
be nation, aud you her guides to wealth
and greatness Is not death upon the
scaffold terrible punishment for the be-
lief altho' misguided, that Irishmen had
INTELLECT enough to rule the country Of
their birth? In his childhood he heard
that the Union with England was carried