Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-11-17
THE DEFENCE OF SMITH O'BRIEN.


profound sensation, and is 10 every aspect mas
teFly eii'it The foil wing is The concluding pof
, ion Of il:
l have now ioi you ALL AMI il is for you IA
say whether The charge preferred against my eli
EN- mas been made on. have explained 10 you
ne principles OF The law, and have shown You
ehat Inc iact q appearing in arms is mol enough
IL must be treason within the Indictment; and
tha' Il bai tie mol proved, you are bound 10 ac-
qui' The prisoner. have observed upon he evil
dehce, and considered 80 far as my humble abb
IVY would permit, The gfea question involved in
ms solemn irial-namey: The guilty. intent of
the prisoner.
~. Even although the explanation OF hi. conduct
fall short oil the tremendous guilt OF treason :
that is. an intent deliberately formed and pat 10
execution 10 compass The Queens death, or levy.
ing war against the Queen, acquil hun You
| must. Well do know and feel the weighty an
hcul,ies ui The case. With some, preJudice mas
blocked up the avenues to he undets,ahaihsi III
Others caIumry has done is work. The impfac-
,icahle poIitician has been condemned 10 tate
he has provoked and deserved. Ddyen to ex-
cesses he did not contemplate, in or 'er 10 preserve
his nersonal liberty, he must pay the forfeit OIL MS
presumption with his life. Had he been hyrc-
| critic who assumed patriotism as the mask 81 >e'-
fi,hness. he would ere now have received me rlch
reward Of his political baseness.
Had he been willing 10 sell his principles ne
would now have been promptly paid ms Price
/ lie had only 10 cheer on inconsistency Wneh tnos,
| haaranr, TO applaud what he had condemned, anu
| IN condemn what he hal applauded-to unsay
what he had said and 10 say what ne Cid no! no.
nesily believe and the auainted traitor would
have been patriot pace-man. he might nave
nourished in individual prosperity aitsr ne had
traded with sufficient tact in The iniSeTies OF ms
country. Obstinate, peTyersc man; having adoP-
ed political opinions sincerely, no maiief hoS e.
rcneous. he has acted with rigid honesty ana con-
si,leucy in an age OF existing efgiversatIon and
deception. lie is now hooled by all parties, ;or
he has nal,ered and he has stopped 10 none
This offence asansipary IS worse man ms m
| tent 10 kill The QIeen-or he has uhHiasheu idc-
ton nj exposed meanness and corruption. lheie-
| fore lr him die in his impracticable iotly.-
Whiher can he lufn or sympaIhyl From whom
exrect lusice} Slandefed, hlackened, and will
6et his motives miI;gned, his conduct ml>fepic-
scented; nicknamed traitor, anafchis', me lne Of
| social order, properly, and laW-whilfer can NJ
look for refusel A price was sci upon ms mead;
| no has brrn carica,urei, hunted through his ma
i've couulrv. no epithe ol abuse was too gross
IA BIZ appied 10 him. Where can ne expect
rempcralc consideration Gt his motives an! ehiite
noliiical career7 Nowhere but from you. AM
vet The honorable pIejudces Of your nature may
be enlisted against him-you may nave oeen
Iaush, 10 coasiter him the obstinate enemy oil
your counry's peace. His hope ought alone to
be where The law has placed tin me honor, me
integrity, the disccrnmcnl, The humanity oil Iu'
ry. , ~,
iufy was designed 10 be, prosecuted Tor poli'ica
conduct or political excuses, by the weight anf
he NH m
iuries NAV regard the tailiy Of human nature
JuIies-sprung from the peopIe-cas me ample
shield of their protection over their lelp~ sue
,.c,s wh.re they can-be iieve his heart, ms ME
live. and his purpose were not guilty equlvoca
though cerlain 81 his acts may be. Snch Is ih'
HIGH TASTE and office designed Ter you IN maj Ia
mons constitution who's .nnndaiarS"sH' Dec
through successive ages cenenicd ny the PaIi
ol's blood, and cohsecratpd in ihe martyrs flfe
Your counliymen, your tellow-moftai IS IN you
mower. Seek MOI, with severe anxiety, Tor proof
on which to send him 10 a bloody death; rattle
REGARD the evidence which enables mcrcIlu mel
10 save what may yet prove useful NE 10 NJ
family and his country.
The boast If British law IS that II aOnors IN
shedding OF human blood. Yield 10 lis benlsr
PRINCIPLES 10 The generous impulses ni your ma
lure and slani between The prisoner and NJ
crave. A horrible deah-a grave he must no
have-awaits him Save him By humane yer
iic; from a fate 50 dismal. Review his Life
From his moihcr's brcasl he crank in the low
ol coun;ry-l.om a fathers patriotic eSampI'
the passion grew 10 dangerous height lie nd
INDUCED, perhaps, VISION 10 The peru OF ne
lha. Ireland might be nation, and you ne
ouides 10 wealth and greatness Is not deal!
mon the scaffold terrible punishment Tor III
belief, although misguided, that lrishmen ha'
intellect enough 10 rule the country oil lhcl
! birth7 10 his childhood he heard that the unlol
with England was carried by corruption. 1T
heard il from an Irish Senator, who money cOul'
not bride, who gave his honest vote, and woul'
, have freely given his lie 10 save the perishin
constitution oil his country.
That father recounled 10 my client VIVA
plunket. Bu-he, and Gratian spoke on the las
memorable night Of our national existence hos
he had been persuaded BY the gravity 81 the'
arguments, Influenced by heir ardor and trans
Dor ed BY their eioquence! lbs yonihiul imasi
nation fired by a sense Of lrJlaa;'s wrongs
dwell on The days wan we had gentry and
Senate With intense cons,ancy, and The passio
grew that he Nigh, restore Parliament to IN
iand he loved This i his real crime, all his &C
lions were directed 10 this end, and h" has oee
missed by he too implicit reliance on doctrine
unfortunately argued ty great lawyers N III
hea, OF debate, which they could no. recall, an
which have misdirecled many. Your country
man followed up these, as he believed, cons lu
tional opinions. He wished poseriiy to revie'
the political transaction he had been lanshI
condemn.
|, Thi. was The source OF all his errors. Bile
disappointment, had crushed his ardent hoPei pt
a preliminary constitution he wished and meal
IN have Given 10 Ireland. No mans proper,
would he have louched--no law OF God or ma
would he have broken lie was misled into N
de!uson thai lreIands gent y were qlal'hei IL
freedom. Loved by hose who knew him, gem
rous. disin,rfesiej, utterly unseifish through il
!. humane and tender -hsafed-he now stands
i The bar OF his country, 10 answer iof haVlf
; meant Ia XIII The Queen and Subveil The consth'
n ton which in heat he adores. His True offen'
i is. that hc couTled for you wha Is England ~
If nv. and blessing and pride. Deeply he may Ma
e erred in pursuit OF his daiiinS ooJect-wih ~
9 ayenee his misdifecled patriotism by dteadi
!. death
:. You NAV 10 so, and no earthly indneems'
If will tempt Inc T. say, il you pronounce Inc q"
J. .ul sentence 0! suilty-lha you have not give
5. The verdict conscience demand II his couf
\. try;nen condemn my client, he will he ready
e meet his tate with he iaiih oil CHRISTIAN, ana "
6rmness al a man, (sensaiion.) The last acce1
u nj his lips will breathe prayer Tor lrelands ma
le piness-Irelands constitutional freedom. i
Is dread moment that shall pfeceue ms ihoild' AZ
MES will be consoled, if through his sufferln
IS and his sacrifice some system oil eoVeInme
n sh.II atise-which aver has never eIised-Iu
lie comprehensive, impartial, and above all, consl
lie tent, which may conduct 10 wealth. prosperity a.
ID greatness, the country he has loved not w'se
r nerbaps, but 700 well.
r Would 10 Col Mr. Smith O'Bfien were n
only Client. The future happiness ol ar honor
e, bic. ancient, loyal family, is here al stake,
2, Church, the Bar, The Ssn"t', can lurn,sh ae,
in lives near and dear TO this unhappy genl'ema
O. who, although they differ in political op,nle
q. have fastened 10 give him bro'herly consola'l
ed his melancholy day. Ireland has been he see
ne Of their benevolent exer,ons--ihe source Of ID =,
nd Joys, their pride; her misery has been nei9 an
IN ion, her sesms OF prosperity thel! delight
nd With holder hears, should you cons'sn the ?
y. soner 10 The scaffod, they must henceforwi
mt struggle on through cherries existence, LAB
mo in sorrow for the country they love.