The Placer herald., 1867-06-01
The Writ Of Habeas Corpus.
A PASSAGE IN IRISH HISTORY.

ness Of the great writ of liberty, brings for
chilly to mind one Of the most interesting
passages in Irish history, in which the great
orator, Curran, and Theodore Wolf Tone,
one OF the most extraordinary men Ireland
ever produced, we're the principle characters.
In the year 1905, Tone, then young
man, became compromised with the society
Of United Irisbme an organization having
for its object the independence of Ireland.
He fled to this country bringing with him
bis wife and children, and all his worldly
possessions. At that time France was 10
the heat of revolution and at war with
England. Tone, restless in bis exile, con.
ceived the plan of engaging the French
Government in an expedition for the con.
ques. of Ireland. He recrossed the ocean,
appealed to the French Directory and soon
persuaded them to undertake the execution
Of bis favorie scheme. Several expeditions
we're fitted, but were dispersed by storms.
Tone accompanied them all, with the rank
Of Acknowledgement in the French army.
Finally the vessel be was in was captured,
after desperate resistance, by an English
frgate, and Tone being recognized by an
old acquaintance, was at once brought before
a court,martial for trial. He attempted no
defence. So far from denying the acts
charged against bin, he admitted them all
and gIoried in them. Under the flag of the
French Republic said be 10 the court, 1
originally engaged with view to save and
llberae my own country. For that pur'
pose have repeatedly braved the terrors of
the ocean, covered, as l know it to be, with
The triumphant feet of that power which it
WAS my glory and my duty 10 oppose. |
have sacrificed my views in life; have left
beloved wife unprotected, aud children
who adored fatheless. After such sacri-
fee in cause which have always conscien'
tiously considered as the cause Of justice and
freedom, it is no great effort at this day to
add the sacrifice Of my lfe' And then be
added: i wish to spare the count all useless
trouble. The charge against me, presume,
is that have been found in arms against
the soldiers Of the king in my native coun-
try. admit the accusation in its most ex'
tended sense. From my earliest youth l
have regarded the connection between Eng
land and Ireland as the curse Of the Irish
nation, and felt convinced that while it last
ed this country would never be free or happy.
As to that connection, therefore, | repeat it,,
all that has been imputed to me-words,
writings and actions--I here deliberately
avow. have spoken and acted on reflect.
ton and on principle, and am ready to meet
the consequences. Whatever be the sem
tence of the court, am prepared for it. It's
members will surely discharge their duty
| shall take care not to be wanting in mne.'
'hoe oo.F ! hat hol n ltn
the scaffoid within forty eight hours.
There was one friend who did not desert
the young patriot in this trying hour. That
freud was Currap, who had known Tone in
his boy hood, and loved him, and who was
determined that this outrage upon law should
not be consummated without resistance from
him. What followed we give in the Ian
guage of Charles Phillips:
On the morning of the day fixed for the
execution, the moment the Court OF Kings
Bench opened, the dauntless advocate, lead
ing Tones aged father by the hand, who
produced an affidavit that his son had been
brought before bench of officers who had
sentenced him to death. The scene at this
moment passes all description-the breath
less crowd, the heartbroken old man, the
pure and venerable judge, and, above all the
voluntary and unrivalled advocate, the real
friend misfor,une's friend who, while
others held aloof alone stood forward to
hold the egs Of the law between injustice
and its victim; to be appreciated, it must
have been seen.
4 do not pretend,' began Curran, 'that
Mr.. Tone is not guilty of the charge OF which
l.. =. %bo <,A
honorable men. But it is stated in this afi-
davit, as solemn fact, that Mr. Tone bad
no commission under bis Majesty, and there
fore no court martial could have cognizance
of any crime imputed to him while the Court
of Kings Bench sat 10 the capacity of the
great criminal court of the land. In times
when war was raging, when man was op-
posed to man in the field, courts martial
might be endured; but every law authority
is with me, while l stand upon the sacred
and immutable principle of the constitution,
that martial law and civil law are incom-
patble, and that the former must cease with
the existence of the latter. This is not,
however, the time for arguing this momen
tous question. My client must appear in
court. He lie cast for death this very day.
He may be ordered for execution while |
address you. call on the court to sup
port the au& move for writ of habeas
corpus, to be directed to the Provost-Mar-
shal of the barracks and Major Sandys, TO
bring up the body of Tone
Chief Justice-'Have writ instantly pre-
pared
Curran-'My client may die while the
writ is preparing
CbiefJ ustice-'Mr. Sheriff, proceed to the
barracks and acquaint the provost'marsha
that writ is preparing to suspend Mr..
Tones execution, and see that be be not
executed
In short time the sheriff having returned
thus addressed the court:
MY Lord, have been TO the barracks,
in pursuance Of your order. The provost
marshal says be must obey Major Sandys.