The Daily empire. (Dayton, Ohio) 1865-1867, 1867-04-19
The writ of Habcas Corpus - !
PasSauc In Irish History.

tOltlNlN W tllllh WV VI NiN' ANNNAhoN
ing passages in Irish history, in which the
great orator, CURRAN, and THEoBoLD WOLFE
IToNE. one of the most remarkable men
ireland over produced, we're the principal
characters.
In the year 1895, Tone. then ayOung man.
became compromised with the society of
limited Irishmen. an organization having
for its object the independence of Ireland.
lie fled to this country, bringing with him
his wife aud children, aud all his worldly
possessions. At that time France was in
The heat of a revolution, and at war with
ENGLAND. Tone, restless In his exile, con-
ceiycd the plan of engaging the French
Government In an expedition for the con-
oucst Of Ireland. lie recrOsscd the ocean,
appealed 70 the French Directory, and
soon persuaded them to undertake the eN-
l%ecution of his favorite scheme. Several
Expeditions were fitted out, but were dis
persed by storms. Tone accompanied them
all. with the rank of Adiutant General In
the French army. Finally the vessel he
was in was captured, after a desperate re-
sistance. by an English irigate, and Tone,
being recognized by an old acquaintance,
was at once brought before a court-martial
for trial. lie attempted no defense. .
So far from denying the acts chargeu
AGAINST him. he admitted them all, and
gIorled I'm them. "Under the flag Of the
French Republic said he to the court, 81
oripiually engaged with u view to save and
Ilibrrate my own country. For that pur-
nose | have repeatedly braved the terrOrs
of the ocean, covered, rs | knew it to be,
with the triumphant fleet of that power
4 which 1t was my glory and my duty TO OPP
nose. have sacrificed my views in life, |
have courted poverty l have left a beloved
wife unprotected, and children whom l
| adored fatherless. Atter such sacrifices in
acauSe which have always cO|nscientiously
considered as the cause of justice aud of
| freedom, it is no great effort at this day TO
add the s%acilice of my lite.' And then he
added: Il wish to spare the court all use
less trouble. The charge against me | pre-
sume is that ! have been found in arms
i apainst the soldiers of the King in my ma
Tive country. ! admit the accusation in
its most extended sense. From my ear
Hest youth | have regarded the connection
between England and Ireland as the curse
| of the Irish nation, and felt convinced that
while il lasted this country could never be
free or happy, As to that connection,
therefore, | repeat it, all that has ocen lih-
puted to me-words, writings and actions
IL here deliberately | have spoken
! and acted with reflection and on principle,
and am ready to meet the consequences,
Whatever be the sentence of the court, l
am prepared for it. Its members will sure
ly discharge their duty l shall n k care
not to be wanting in mine" The sentence
of the Cour was that he die on the scalolu
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
rlTone in his boyhoOd, and who was deter
mined that this outrage upon law should
not be consummated without resistance
r from him. What followed we give i'll the
language of Charles Phillips:
On the morning of the day fixed for the
, execution, the moment that thu
! Court of Kings Bench opened, the daunt'
less advocate advanced, leadingTOne's age(
father by the hand, who produced an ALI
l. dayit that his sou had been brought betor'
a bench of officers who had sentenced hin
: to death. The scene at the moment passe
: all description-the breathless crowd, TIN
q heart-broken old man. the pure n ven
lerable Judge. and above all, the %voluntar.
land unrivaled advocate, the real friend
miSfortune's lriend-who, while Others hell
l., aloof. alone stood forward to hold the 9gi
lof the law between injustice and its vic
tim: to be appreciated, it must have bee
, seen.
Il II do not PRETEND" began Curran, "tha
ne Mr.. Tone is not guilty of the charge {
s. which he is accused. | presume the officer
were honorable men. But it is stated i
this affidavit, as Il solemn fact, that M
Tone had no commission uude his majesty
~ and therefore no court martial could hav
cognizance of any crime imputed to M
Is while the Court of Kings Bench sat III III
-, capacity of the great Criminal Court of I'll
" land. In times when war was raging, whe
,o man was opposed to man in the field, cour'
IIo martial might be endured; but every la
ie authority is with me. while | stand on I'll
lc sacred and immutable principle of ii
Constitution, that martial law and civ
w law are incompatible, and that the formC
must cease with the existence of the latte
60 This is not, however, the time for arguin
u this momentous question. My client mu
appear this very day. Hemay be ordere
% tor execution while l address you. l ca
ne on the court to support the law, and mo-
~, for a writ of hdbeds corpus, to be direct'
VI, to the provost mashal of the barracks al
'u' Major Sandys, to bring up the body
-, Tone
" Chief Justice" Have Il writ instant
az prepared
4" Curran-"My client may die while t
writ is preparing"
Chief Justice-"Mr. Sheriff, proceed
IN the barracks, and acquaint the Prove
Marshal that a writ Is preparing to suspe
Mr.. Tones execution, and see that he
= not executed"
u In a short time the Sheriff, having
I'D turned, thus addressed the Court:
'ru MY Lord, l have been to the barraC