The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1867-03-15


his worldly POSSESSIONS At that time
France was in the heat of revolution, and
at var with England. Tone, restless in his
exile, conceived the plan of engaging the
French government in an expedition for the
conquest of Ireland. He recrossed the
ocean, appealed to the French directory,
and soon persuaded them to undertake the
execution of his layorite scheme. Several
expeditions were fitted out but we're dis
per>ed by storms Tone accompanied them
all, with the rank of adjutant general in the
French army. Finally, the vessel he was in
was captured, after desperate resistance,
by an English frigaie, and Tone being rec
ognized by an old acquaintar ee, was at once
brought before a court martial for trial. =
He attempted no defence So far from de-
nying the acts charged against him, he ad-
mitted them all, and gloried in them
Under the flag OF the French republic, :"
said he to the court, 81 originally engaged
with view to save and libcrate my own
country For tina; purpose [ have repeatedly
braved the terrors of the ocean, covered, as
| know it to be, with the triumphant feet
Of that power which it was my glory and
my duty to oppose. | have sacrificed my
views in life I have courted poverty; [
have left beloved wife unprotected and
children whom adored, fatherless After
such sacrifices In a cause which have al
ways conscientiously considered as the cause
of justice and freedom, it is no great effort
at this day to add the sacrifice OF my life |"
And then he added Il wish to spare the
court all useless trouble. The charge
against me, | presume, is that have been
found in arms against the soldiers of the
king OF my native country. l admit the &C.
cusation in its most extended sense. From
my earliest youth | have regarded the con-
Dection between England and Ireland as
the curse of the Irish nation and felt con-
WINGED that while it lasted this country
could never be free OF happy As to that
connection, therefore, | repeat it, all that
has been imputed to me, words, writings
and actions, | here deliberately ayow. l
have spoken and acted with reflection and
on principle, and am ready to meet the con-
sequences. Whatever be the sentence OF
the court, | am prepared for it. Its mem
bers will surely discharge their duty 1
shall take care not to be wanting in mine
The sentence Of the court was that he die
on the scatfold within forty eight hours.
There was one friend who did not forsake
the young patriot in that trying hour
That friend was Curran, who had known
Tone in his boyhood, and loved him, and
who was determined that thi, outrage upon
law should not be contaminated without re-
sistance from him. What followed we give
in the language of Charles Phillips:
On the morning OF the day fixed for the
execution, the moment the court Of king )
bench opened, the dauntless advocate add
vanced, leading Tones aged father by the
hand who produced an affidavit that his
son had been brought before bench of Of
ficers who had sentenced him to DEATH
The scene at that moment passed al de-
scription-the- breathless crowd, the heart
broken old man, the pure and venerable
judge, and above all, the voluntary and I'M
rlvaed advocate, the real friend-misior
tune friend who, while others held aloof,
alone stood forward TO hold the egis of the
law between injustice and lis vlctlm-to be
appreciated, it must have been seen.
Il do not pretend, . began Curran.
THAT hlr. Tone is not guilty OF the charge
OF which he is accused. | presume the otfi-
GERS we're honorable men. But it is stated
in this affidavit, as a solemn fact, that Mr.
Tone had no commission under his majesty,
and, therefore, no court-martial could have
co9ulzance OF any crime Imputed 20 him
while the court OF king bench set in the
capacity OF the great criminal court Of the
land. In the time when war was raging,
when man wa, opposed to man IN the field,
courts martial might be endured tut every
law authority is With me, while stand up
Oh the sacre! and immutabic principle Of the
constitution, that martial law and civil law
are Incompatible, and that the former
must cease with the existence of the latter.
This is not, however, the time for arguing
this momentOus question. My client must
appear in court He is cast for death This
very day. He may be ordered for execu-
ton while address you. | call upon the
court to support the law, and move for
writ ot hdJeus corpus, to be directed to the
provost marshal OF the barracks and Major
Sandys to bring up the body of Tone y
Chief Justice-"Have writ instantly
prepared. -
Curran-"My client may die while the
writ Is preparing.
Chief Justice-"Mr. Sheriff, proceed to
the barracks, and acquaint the provost mar
shall that writ is preparing to suspend Mr.
Tones execution, and see that he be not
executed"
La short time the sheriff, having re-
turned, TINS addressed the court:
My lord, l have been to the barracks in
pursuance VI your OTOeT. Lie provost
marshal says he must obey Major Sandys,
Major Sandys says he must obey Lord
CORVALLIS" - III s.
At this time Mr. Curran announced the
return of Mr.. Tones father with message
that Gen. Craig refused to obey the writ of
haJeds corpus.
Chief Justice Mr.. Sheriff, take the
body of Mr.. Tone into custody. Take the
provost marshal and Major Sandys into
custody, and show the order of the court to
Gen. Craig"
1t was now universally believed that the
military authorities who had thus presumed
to tribe with the powers of the Kings
bench, would have Tone executed on the in
slant Lord Kilwarden, great constitu-
tional judge, was very much Affected
His agitation said Curan, was mag
nicent.' 1t soon transpired, however,
that Tone, indignant al the menaced degra-
dalton of his death, had, with small pen
kife which he had managed to conceal, in
flicted such wound in his throat that he
had little to fear from this worlds jurisdic-
tion The chief justice, however, as matter
of precaution, ordered writ to be issued,
the execution. 1t is said on
the surgeon expressing an opinion that as