Library of Emory University BUZ LIFE OR ROBERT EMMETT, THE CELEBRATED •IRISH PATRIOT AND MARTYRj WITH HIS SPEECHES, &c. ALSO, AN APPENDIX, CONTAINING VALUABLE PORTIONS OF IRISH HISTORY. BY ^OHN W.fBJCJRKE. THIRD EDITION. CHARLESTON, S. C. OOURTENAY& WIENGES. PHILADELPHIA: THOMAS, COWPERTHWAlTE_fcCO. 1 8 5 2 i j 1 *. . Entered, according to Act of Congress, in the year 1851, by "'JtfUN W. Burke, in the Clerk's T>ffice[ of the 'District Ucttrtrtf -the Northern - District of Georgia TO THE &q~\X8- a( tljx ©nuralir I$lt, THROUGHOUT THE UNION, THIS BOOK 18 RESPECTFULLY DEDICATED, AS AN HUJIBLE TOKEN OF ESTEEM IN WHICH THEY ARE HELD BY THE AUTHOR. PREFACE. From the earlieBt recollection of the compiler of this work, he has sought for a complete and satisfactory biography of Robert Emmett ; but up to the present time he has been Unsuccessful. Feeling, in common with his 'countrymen, the need of such a book, he has been impelled to the task before him. It is not hoped that the deficiency will be supplied by the production of the following pages ; yet the compiler entertains the belief that it "will', in some degree, fill the desideratum, and be well received by Irishmen, He feels certain that they .will gladly weloome it to the world of letters, for two reasons r First, from a strong love for the memory of the man. Secondly, that, while ponderous vol¬ umes of biography are afloat in the land, of men less dis¬ tinguished, a life of Emmett may be found that is in some 'degree worthy of the man. The only recommendation which the compiler can offer with this-volume, is that it is published from the strong impulses of an Irish heart; and with the sole design to commemorate a name dear to every native of the Green Isle. The works consulted in the preparation of this work, were principally-—" Life, Trial and Conversations of Robert Rmmett, &c." a little volume published originally in Lon- vi PREFACE. don, and re-printed in this pountry by It. Coddingtpn, of New .York; '' Ourrau and bis Contemporaries," by Charles Phillips, Esq.; and " Phillips' Speeches." In addition to these., be has derived much valuable-in formation from news¬ papers and magazines^ And from individuals who Were coa- temporariea of Mr. Emmett's. J. W. JB. Charleston< CONTENTS. PART I, Birth—Parentage—Thomas Addis Emmett—Early Ed¬ ucation-—In College—In France—His efforts for Lib¬ erty...., r... FART IL The United Irishmen—The causes which led to the rebellion of '98—An evening with Emmett-^-Theo- baild Wolfe Tone—Tlve Union.—Its consequences 29 PART III. Preparations for an outbreak—Devotion of the Patri¬ ots—Cruelties of the day—Explosion of a Depot— The day of attack approaches 48 PART IV. The attack—Failure—Dispersion of the patriots—Em¬ mett's attachment for Miss Crfrran—Attempts to ( visit her and is captured—Major Birr 14 PART V. The eenduct of Mr. Emmett after his arre.t—Hisilet¬ ter to Mr. John Philpot Curran—His' associates— Vrii ®DEI. Trial and conviction—Hia celebrated speech in de¬ fence Of his character ... 98 PART VI. Mr. Emmett after his conviction—Letter to Richard Curran-^-Parting interview with Miss Sarah Curran—•- His death. ........ 147 PART VIL Some account of Miss Curran—Her devotion to the memory of Emmett—Irving's sketch ' of their love, Ac. Ac 159 APPENDIX. Plan of the Insurrection—Cause of its failure-—Further ac¬ count of Theobald Wolfe Tone—The Irish Foreman of . '98—The Irishman's Revenge—The uninscrihed Tomb of Emmett—The Irish Patriots of '48, Ac. Ac. LIFE OF ROBERT EMMETT. PART I Birth—Parentage—Thomas Addis Emmett—Early Educa¬ tion—'In College—In France—His efforts for Liberty. The patriotic heart in every; land thrills at the mention of a name which has become il¬ lustrious for self-sacrificing devotion to his country—a, man who voluntarily laid down his life for the amelioration of the condition of his down-trodden countrymen.' History furnishes few such instances of true patriotism as that of Robert Emmett. It finds a parallel only in the life of Moses—who gave up all worldly pros-' pects of honor for his oppressed fellows—choos¬ ing to suffer a season with them and endeavor to liberate "them from bondage, rather than be exalted to Egypt's highest honors. Very sim¬ ilar was the patriotism of Emmett. From his superior mind and many accomplishments, there, is no doubt but he Could have attained great eminence among the men of his day,; but he 1 2 LIFE OF EMMETT. sacrificed this hope, and even his life, for his oppressed and beloved country. _ What patriot, then,'.will not delight to do him honor, and go with us, while we recite a few passages in his eventful life ? Robert Emmett was born in the city of Dublin, during the year 1782.* His "father, Dr. Emmett, was for many years state physi¬ cian in Dublin. Thomas Addis, Emmett, his brother, came to America, and was for several years a member of the New York bar, in which he practised with distinguished success. ■ He had abandoned, before the rebellion of 1798, a respectable situation at the Irish bar, in or¬ der'to project and carry into execution, the schemes of that day for "an Irish republic, and was consequently, with Dr. McNain and several other patriots, deported to" America. He had one other brother, Temple, of whom his father once asked : "Well, Temple, what would you do for your country ? Addis would kill his sister for his country! Would you kill your brother? would you kill me?"" Little, alas ! did that unhappy father foresee the con¬ sequences of the lesson he was inculcating! * We Lave been unable to learn the exact day of the year.—Com. LTEE OF EMMETS 3 and little did Mr. Curran dream, when he ridiculed " this morning draught^ of the doc¬ tors, how mournfully it was one -day to affect himself. Of this family, Temple the elde'st, passed- through the University with such success that it js said his examiners changed, in his case, the usual approbation of vatde bene into the more laudable'one of " O, quam' bene!" His rise at the Irish bar" was unexampled, and at the early age of-thirty, with a reputation to which time could not-have added, he was called away from the scenes of this life to the xealities of the unknown world. - -The second brother, Thomas Addis, to whom we have before briefly alluded, ^vas a man of great and comprehensive mind; of the warm¬ est and sincerest affection for his friends; and of a firm and steady adherence to his princi¬ ples ; to which he sacrificed much, and would, if it had been necessary, have sacrificed his life. He was originally intended for a -physi¬ cian, 'and had actually graduated at Edinburgh, when the premature death of Temple chang¬ ed his course,^und by the advice of his fellow student, Sir James Macintosh, he relinquished .medicine for the la w. Had he confined him- 4 LIPfL OF EMMETTy self to his profession, there could have been no doubt, from the eminence to which he soon at¬ tained, of his ultimately realizing every object of his ambition. As we before noticed, he became, entangled so much with the politics of the day, that, with the consent of the Government, he was self-expatriated. It does not appear that he committed any indictable offence, but he was a member of the Executive Directory, and had so embarked his enthusiasm and his tal¬ ents in the cause, that retract he could not, and tcr proceed was death. He left his native land, for Ameriea, yet his memory was still fresh there. Petes Burrowes, his friend and cor¬ respondent, (in the teeth of an aet of Parlia¬ ment) used to revel in the recollection of him. The following anecdote, which he frequently repeated, and with great effect, vividly exhib¬ its the intrepidity of the man. A malcontent had been convicted of taking the United Irish¬ man's oath, which, as a curiosity, is here in¬ serted : "I, A B, in the presence of God, do pledge myself to my country, that I will use all my abilities and influence in the attainment of an adequate and impartial representation of the Irish nation in Parliament 5 and as a means of LIFE OF EMJfETT. 6 absolute and immediate necessity in the attain¬ ment of this chief good of IrelandJrI will en¬ deavor, as much as lies in my power, to for¬ ward a' brotherhood of affection, an. identity of interests, a communion of rights, and a union of power, among Irishmen of all religious per¬ suasions, without which every reform in Par¬ liament most be partial, not rational, inadequate to'the wants, delusive to the wishOs, and in¬ sufficient for the freedom, and happiness of this country." EmiMett, on motion for arrest of judgment, after exhausting his learning and ingenuity, astonished his hearers with this startling an¬ nouncement : " And now, my lords, here, in the presence of the legal court, this crowded auditory—in': the presence of the Being that witnesses and directs this judicial tribunal— even here, my lords, I, Thomas Adjjis Emmett, declare—I take the oath ! " And while bar, bench, and auditory "held their breath," he kissed the book! All men seemed literally so stunned by this daring and hazardous experi¬ ment, that it passed unreprehended. However, that the offenee was indictable, was placed be¬ yond doubt, for the court sustained .the judg¬ ment. E. JJFE OF EMMETT, After an imprisonment of four years in Fort George, in violation'of an express promise, the state prisoners, Mr. Emmett among the rest, were released, ahd in 1804, at the age, of 40, he landed in America. * After some hesitation as to whether he would not pursue his original profession as a physician* he at length deter¬ mined on the bar. . His, call, without a prelim¬ inary- probation of three years, met the opposi¬ tion of Chancellor Kent, then Chief Justice of the Supreme Court, whq at length yielded to the entreaties of his brethren; and, by a sus¬ pension of its rules, -he became arr American barrister. From the family of the Clintons, the chief of which was then Governor, of the State of New York, he- received both advice and countenance, and at their suggestion he located himself in the city of New York. Still all was not fair weather. America, the Utopia of his republican idolatry, had its feuds and its parties. There were those in New York for whom Emmett was too republican. Partly from an antipathy to his politics, and partly, it is to be feared, from professional jealousy, the Federalist party at the local bar, outraged all de¬ cency so far as to refuse - to hold briefs with "him f ©ut he who had braved power in its- LTFE OF EMMETT. f stronghold, was not the man • to quail before such a confederacy as that.. He gonfronted and crushed it, and reaped not merely the pecuniary rewards, but whqt of ccfurs.e he prized more, the honors of the profession. ' His' ene¬ mies cowered before him-—Chancellor Kent rejoiced in the Recantation of his hostility^ and the expatriated Irishman became Attorney Gen¬ eral of the State of New York. It .was, indeed, an enviable elevation, because attained by no unworthy art or servile compromise, but fairly earned by splendid, talents, indefatigable indus¬ try, and stern independence. It requires some experience of the difficulties he overcame in a strange land, amid envious rivals, friendless and isolated, to estimate his merits. There Aare some interesting incidents recorded of the manner in which Mr. Emmett met his enemies. Among these, one of the most formidable, and also the mostemiqent, was Rufus King. ' Em¬ mett, it will be observed, owed him an ancient grudge, and avenged -it on the occasion of King's being a candidate for Governor of New York, in 1807. At a meeting of the Irish in that city, he bitterly assailed the Federal candi¬ date. and was in turn as bitterly assailed by him, and by the press in his interest. Emmett s -life of emmett. retorted, i-n a letter, his charges against King, one of which was his interference, as embassador at the Court-of St. James's to prevent the state prisoners .from residing .'in America!—-a cruel, and, from such a quarter, a scarrdaloUs interfer¬ ence. However, America," universal America, has long since,by a,noble and generous hospital ity vindicated her character from any participation m such a proceeding. '**Your interference was then, sir;'7 writes Emmet't, "made the pretext for detaining us four years in custody, hy'which very extensive and useful plans of settlement within these States were broken up". The misfortunes which you brought upon the objects 1 of your'pcrsecution were incalculable. Almost all of us wasted four of the best years of our lives in prison. As to me, I should have brought along with me my father, and his family, including a brother, whose name per" haps, even yo\i will not read without emotions of sympathy and respect. Others, nearly con¬ nected with me, would have become partners •in my emigration. But all of them have beeii torn from me. I have .been prevented from saving a brother—from receiving the dying blessiugs of a father, mother, and sister—and from soothing their last agonies by my cares * LIFfe OF EMMETT. 9 and this, sir, by your 'unwarrantable and un¬ feeling interference." Who, on reading this-, can refuse a tear to the fate of Robert Emmett ?" What virtues were not shorn of their effect—what talents were not robbed of their influence—by this monstrous interference of King 1 Had. this not happened, instead of expiating his love of country on a scaffold, the subject of this memoir might have wreathed fresh laurels for his native land, and repaid with service, and requited with glory, the lgn,d of his adoption. It were vain to •speculate on what might have been ; but sure¬ ly. never was a dawn more splendid,'overcast, or a fairer spring blighted in its promise. Mr. Emmett thus proceeds in his letter to King: "Your friends, when they accuse me of want of moderation towards you, are won¬ derfully mistaken. They do not reflect, or know, that I have never spoken of you, with¬ out suppressing, as I now do, personal feelings that rise up within me, and swell my heart with indignation and resentment. The step you to.ok was unauthorized by your own Gov¬ ernment. Whether our conduct in Ireland was right or wrong, you have no justification for your®. The constitution and laws of this coup- 10 LIFE OF EMMETT: try gave you no power to require of the British Government that it should violate its faith, and withdraw from us its- consent to the place we had fixed upon for our voluntary emigration; neither the President nor you were warranted to prevent our touching t&ese shores. These remarks I address, with-all becoming respect, to one whom his press describes as "the first man in the country."* Yet, in fact, I do not clearly see in what consists your superiorit] overnnyself. It is true, you have been a resi¬ dent Minister at the Court Of St. James', and if what I have read' in the public prints be" true, and .if you be apprised of my near rela¬ tionship and family connection with the late Sir John Temple, you must acknowledge that your interference-, as a Minister, against my be¬ ing permitted Jo emigrate to America, is a very curious instance of the caprice of fortune. But let that pass'. To what extent I ought to yield, to you for talent and information, it is not for me to decide. In no other respect however, do I feel yoUr excessive superiority. My pri¬ vate character and conduct are, I hope, as fair as yours; and even in those matters which I consider as trivial, but upon which aristocratic f)rido is accustomed to stamp a value-, I should LIFE OF EMMETT. 11 not be inclined to shrink from competition. My birth, certainly, will not humble me by the comparison. My paternal fortune was proba¬ bly much greater than yours.; the considera¬ tion in which the name was held in my native country, was as great as yours was ever likely to be, before I had an opportunity of contribu¬ ting to its celebrity. As to the amount of what . private fortune I have been able to save from the. wreck of calamity,, it is unkown to you or your friends; but two things I will tell you— I never was indebted, either in th.e country from which I came, or in any other in which I have lived, to any man, further than the neces¬ sary credit for the current expenses of a family, and am not so circumstanced that I should " tremble for my subsistence" at the threatened displeasure of your friends. Circumstances which cannot be controlled, have decided that my name must be embodied in history. From the manner in which my political adversaries, and some of my cotemporary historians, une¬ quivocally hostile to my principles, already speak of me, I have the consolation of reflect¬ ing that, when the falsehoods of the day are withered and rotten, I shall be respected and esteemed. You, sirT will probably be forgotten 12 LIFE OF E1IMETT. when I shall be remembered with honor p oV, if peradventure, yduY name should descend.to posterity, you will be only known asrth, entitled ''Curraa and his Contemporaries/* LIFE OF EMMETT. -undertaken. And, had success depended upon the worth and the virtues of one man, Emmett would now have been hailed as the liberator of his pountry." At a very early age, he was sent to school fo the Rev. Mr. Lewes, who, though a minis¬ ter of the Established Church; was yet an enemy to its monopolizing power and persecuting spi¬ rit towards his Catholic, fellow-subjects. The impressions which Emmett received from this good man lasted him through life. His young mind was th6n filled with a detestation of tyranny and injustice. When sixteen year§ of age, he entered Trin¬ ity College. Here his progress in classical and mathematical knowledge soon gained him hon¬ or and reputation. But his heated spirit had been worked up by the political enthusiasm in which he had been early initiated, and he be-- gan to show signs of the future course he was to pursue. At the Historical Society to which he belonged, he expressed his^ sentiments so freely on English influence in Ireland, that he came under .the suspicions of Lord Chancellor Clare, who afterwards expelled him from Col¬ lege, for denouncing, in, a speech he made, the 20 LIFE OF EMMETT. English form of Government, and advocating that of a republic. He had already been so unguarded in his conduct, during the rebellion of 1798, as to be¬ come an object of the vigilance of the Govem- meht, and had found it "best to leave Ireland while the habeas corpus act' was suspended' He fled to the continent, where an active cor¬ respondence was set on foot by the French Government. Emmett, together with the'lead¬ ers of the preceding Irish Rebellion wCrC sum¬ moned to Paris. Consultations were held with them, and the organisation of another revolu¬ tion was commenced and prosecuted with in¬ creasing diligence. Napoleon Bonaparte, then Emperor of France, aided them by every means in his power. Emmett was made the director and mover of this new attempt to liberate Ire¬ land from British dominion. On the expiration of the suspension of the habeas corpus act, Emmett returned to Dub¬ lin, but thought it prudent, for the forwarding of the revolution, to -live privately. He took private lodgings at Harold's Cross, under the assumed name of Hewitt. At this place his meetings with his confederates were held. LIFE OF EMMETT. 21 These people, of course, hailed with delight the, opportunity of re-commencing another attempt at subverting British power in Ireland; and while some spread themselves over the country in every direction, others fixed themselves in, the metropolis. For about four months after his arrival, noth¬ ing of Emmett's plans transpired. Soon after the King's proclamation, on the Sth of March, conceiving .the moment of national alarm at the renewal of hostilities and a threatened inva- 4 *. sion, favorable to his projects, he became more active in his preparations. The whole of his family portion, which" consisted of £2,500, he devoted to his enthusiasm. In the beginning of April,-he quitted his lodgings at Harold's Cross, with the name of Hewitt, and in the new name of Ellis, he took the lease of a house, for which he paid sixty-one guineas, in Butterfield Lane, near Rathfarnham. Here he harangued his associates, and encouraged them by hopes of a happy result to their labors,, which alas! were never realized. " Liberty,' said he, " is the child of oppres¬ sion, and the birth of the offspring is the death of the parent; while tyranny, like-the poetical desert bird, Is consumed in_fiame§ ignited by 22 JJFS QF EMMKT^ itself, and its whole existence is spent in pro¬ viding the means of self-destruetion. We have a complete exemplification of this in the past history and present state of Ireland, where in¬ crease of numbers and increase of intelligence have been the direct resnlt of that systept' which too long has Tuled this kingdom. " The relentless oppression of the English Government forced the people into habits of temperance—necessity made them abstemious, and time reconciled them to their wholesome esculent, which providentially came- like the manna of the desert, to feed, the sojourners in the land of their fathers. " When nature is easily satisfied, and the necessaries of life procured with little labor and care, increase of population will follow: be¬ cause parents, who are contented with thdir" own condition will feel no uneasiness for their offspring, who can, without any difficulty, pro¬ cure a situation similar to their own. Emigra¬ tion from such a country was not to be expect¬ ed ; for men whose moderate wants were amply satisfied at home, had no need to seek else¬ where for wealth they did not desire, or dis¬ tinctions they did not value. Besides, Ireland has always had peculiar attractions in retaining jjFE OF EMMETTJ. 23 her children: a Scotchman loves a Scotchman, but an Hibernian loves the green fields -of his youth, and to enjoy these there are few priva¬ tions to which he will not cheerfully submit. The eccentric humor, the boisterous mirth, the kind and social intercourse, that character¬ ize the peasantry, likewise spread their charms, and generally succeededin subduing the aspi¬ ring notions of adventurers, and helped to retain the people at home. When to these were add¬ ed the allurements of a more tender kind, and when no restraint was placed upon the natural instinct of man, we must not wonder that Ire¬ land is blessed with a, population without a parallel in Europe. " The base and cowardly conduct ofthe Irish proprietors in deserting the "country, though at the moment a grievance, was absolutely produc- tive'ofgood. Their large domains were par¬ celled out to humble cottages; farms were di¬ vided and subdivided; cabins every where rais¬ ed their unostentatious roofs; and every floor was blessed with a numerous progeny. 11 Ireland has been forced into agriculture y* * Agriculture.—'The mother and nurse of a military population. Ireland has been forced into this. It was thought she had sunk under the arbitrary tyranny ofBritish g4 LIKE OF EMMETT. and this still farther tends to increase the pop¬ ulation, and to give her that political impor¬ tance she never could have acquired if the peo¬ ple had been immured in mineral dungeons, or confine.d to the fetid vapours of a manufac¬ turing Bastile. Rural labor is not more condu¬ cive to the health of the body, than it is bene¬ ficial to the exercise of the mind- and we always find the agriculturist superior to the mechanic, not only in physical strength, but in moral energy. The one is a natural soldier^ who commands respect, and exacts considera¬ tion ; while the other is a mere animated ma¬ chine, whose, ideas serve but as internal wheels td keep his hands in motion. His frame is distorted, his mind crippled, and his qourage annihilated ; but the agriculturist is a man such as nature intended—fearless, active and reso¬ lute ; the air he breathes ensur.es him health; the ground he tills supplies him with susten¬ ance ; and his occupations make him moral, monopoly. Let the proud Briton regale himself in the wholesome air of mines and workshops, and become ossified in the strengthening attitudes of monotonous labor; while the degraded ^ Irishman draws health and number, and fierceness and foroe, and becomes too nimble to he caught by his crippled owner, who hobbles after and threatens with his crutch.* • Life of emmett. 2$ hardy and brave. This is a copy of a million portraits, and' they are all found in Ireland. 4 The aspirations of civilized man after free¬ dom are coeval with his existence. His rights^ like' the'mountain torrent, may be diverted- from their original channel, but cannot be effec¬ tually impeded- in their cojirse. Dams may be raised to stop the coming -stream; but, if the congregated waters cannot find another way to the place of their destination, they will burst through every opposition, and overwhelm in destruction all the works of lordly and presump¬ tive man.' 4 But we find,' observed a bystander, 4 that very populous Countries have continued in slavery.' ■ 4 Numbers,' rejoined Emmett, {'whose minds are more enslaved than their bodies, may sub¬ mit to injustice; but numbers, inspired with in¬ telligence, never can. The Irish people are not -only shrewd, but informed; and for this good, as well as" for every other blessing they possess, they are indebted to the folly and wickedness of their governors. Divide et impera has long been the maxim of those who oppressed us; but the result has been the reverse of their antici¬ pations. The contihued agitation, faction, and 2 26 LIFE 0? 'EMfcTUTT. discord, consequent upon such a system of legislation, produced their moral effects, and, like the vivid lightning, served to purify the element they disturbed. The political whirl¬ pool has drawn within its vortex every man in Ireland; discussion has been universally pro¬ voked ; and the passions have been enlisted iu the general conflict. The human intellect has been propelled, vulgar errors corrected, and the spirit of enquiry and investigation has gone ©broad. * To reason upon the political.state of his country, has long been the propensity of the Irish peasant; and, from continually thinking upon that subject, he has at length learned to think right. He not only knows his degraded condition, but is well acquainted with the cause* There is not a subject connected with the country, on which he cannot give an accurate opinion; he knows, as well as any man in the Castle, the purpose of every measure of Gov¬ ernment, whether it be to enrich a spendthrift nobleman by a job, or coerce the unfortunate peasantry by an Insurrection Act. ' I know my countrymen: I have conversed with them, and have found them practical phi¬ losophers. Their sentiments are the pure em- LIFE OF EMMETT. anations of acute minds, instructed in the school of nature, and taught by adversity. They are, in consequence, generally correct, and, without any great exertion of thought, are frequently profound. How often have I seen them smile at,the abortive efforts of their friends, who en¬ deavor to procure them redress in a constitu¬ tional way, while, at the same time, they have told me very pertinently1, and very truly, that they expected no concession from Government, until they_were able to insist on it P " During this address, Emmptt's line manly countenance glowed with an enthusiastic ar-. dour, and ho delivered himself with as much animated fervency -as if he were addressing a numerous but 'distraetecl assembly, which he wished to persuade. His words flowed with a graceful fluency, and he combined his argu¬ ments with all the ease of a man accustomed to abstract discussions. His amiable and esteemed character gave an elevating influence to the fame of the society of which he was the leader—many of. whom, though of equal talents and respectability, were inferior in that fine-sensibility of heart, and constancy in friendship, which gained him the love and esteem of all who knew him. Nor i<3 LIFE OF EMMETT. was it only for his bland manners and fine sen¬ sibilities of heart, and constancy in friendship, and'firmness in principle ; fie ranked, amongst the highest of its gifted sons, who display its fertile genius and its social spirit, who intro¬ duce the name of Ireland to the respect of the world. Commensurate with, his value to* relatives and friends, and to his native city, was the appalling sensation that pervaded his country on the occasion of his lamented death. It is not, then, surprising, that his removal in one unexpected moment from this busy life's voca¬ tions, to the obliviqus silence of the, tomb, should produce, as it didj a general burst of sorrow^ and a cbmmon sense of bereavement. PART II. The United Irishmen—The causes which led to the Rebel¬ lion of'98—An evening with Emmett—Theobald Wolfe Tone—The Union—Its consequences. ' * ' More than fifty summers have closed around the United Irishmen since they made .Catholic emancipation and parl iamentary reform the lead¬ ing measures of their policy. They found all the Catholics of Ireland, the great majority of its population, reduGe,d by the operation of the ferocious.penaHaws^ to the condition of slaves, in all .things except being vendable, to the very meanest of their Protectant countrymen. Not only did the British Government embrace every severity that could waste the vigor of the na¬ tion i but all the rights of humanity, and every duty of life, were sacrificed by its direction or connivance ; provided only that this sacrifice would promote the self-interest,- or gratify the rancor of the favored party. Thus, there was a law of discovery, by which a man who betrayed the confidence of-his friend, if he were Catholic, possessed himself of that friend's estate. There was a law which disabled the~Catho- SO LIFE OF EMMETT. Or lie father to be a 'guardian to his own child, or to educate him. There was a law which made the disobe¬ dience or apostacy of the Catholic child the means whereby to disinherit his father. There was a law for robbing a Catholic- of his horse on the highway, if when interrogated, he confessed his faith. There was a law to prevent the education of Catholic children, and to ■punish Catholic teachers as convicts; to banish the Catholic clergy; and to hang them if they returned; to prevent Catholics from purchasing or inheriting landed estates; from having arms for their de¬ fence ; to debar them from the profession of the law; to prevent them from holding any office of trust, honor or emolument; voting at elections, 'or sitting in Parliament. The United Irishmen found their country under the government of such laws, and of many others, all conceived iiV the same spirit, and all elaborated with consummate skill to rob, h&rrass and insult a defenceless people. These statutes, without parallel for inhumani¬ ty, were framed against Christians, under pre¬ tence of securing the Protestant religion. They were enacted by the Irish Protestants, political LIFE OF'EMMETT. 31 Protestants j than whom no sect has cried more loudly against oppression and.persecution, when the' Protestants were martyrs. For all this, the Protestant religion is not persecuting in its na¬ ture. ~ rThe crimes of the dominant party are not justly chargeable upon the Protestant reli¬ gion, though committed in its name. "They were bitterly deplored by the- United Irishmen of; all religions, and'by none more than the subject of this memoir, himself a1 member of the established- Church, but no abetter of its injustice.. Through all this'long persecution, the con¬ duct of ^England wore a vizor of hypocrisy. It was not the'conversion of Jhe Irish it desired, but their spoliation, division and subjection. If united in religion, they might unite for their wordly interest, and a means of weakening them'by dissension would be lost. The Eng¬ lish mission never had -the merit'of being hon¬ estly fanatical; it wa§ cold-blooded and crafty. Its conduct was not feebly palliated by the mistaken sincerity of blind zeal which time might soften and, philosophy assuage. It had the more terrestrial motives of insatiable rapa¬ city, the appetite for plunder, and the-desire of fattening on , the green, pastures .of Ireland- 82 LIFE OF "EMMETT. Thjs is the .eating canker which neither time norLreason ever-cures, and'which js now as devouring, where it has the power,, as- at- its first inception. After the law-s had disfranchised four-fifths of the population, alj the emoluments of office, all the wealth of the richest -church in the world, all ilie distinctions of pow~er, all the pomp, circumstance and advantages of domin¬ ion, fell, into the lap of the iavored few. These men never wished to lessen the" pretexts of their gains ; they "never sought the conversion - of their helots by any meanajthgt over made proselytes to any cause. . The domestic spoliation of the Catholics was the share of the Irish Protestants in this whole¬ sale, robbery. The^spoliation'pf the Irish na¬ tion was the part of England in this boundless plunder: she took the whole trade, prosperity and independence of Ireland, which the Irish Protestants (shame on them) freely surrendered, for the license to pillage and tyrannize at home. These" wrongs inflicted and endured, begat mutual hatred and frequent collision, and will account for the little union among Irish¬ men, and the ferocity of character to be found LIFE OF EMI^ETT, 83 in those districts where the adverse parties came oftenest into contact. * This barter of anation'srightsfor the lucre of a faction, is what was called the Protestant ascendancy in church and state. It Was also called the British constitution. Against- that impious 'combination of treachery within, and tyranny from without,, the United Irishmen pointed their oath of union, which we have givi en • in another place. It was this oath that Was prosecuted as a felony, and for which fre¬ quent victim^ were sent to .the scaffold. Emmett did not live to behold the triumph -bf the Catholic cause, that happy accomplish¬ ment of one of the greatest measures to which he devoted fortune and life. But he.saw, or thought he saw, all the materials for a, success¬ ful strugglp for freedom, in the internal resour¬ ces of his beloved Ireland. In his- moments of social ease and retirement, he delighted to enumerate those resources. A writer who seemed to know him -well, gives the follow¬ ing conversation- between Emmett and his friends, while he was 'maturing his measures for the coming contest «I have seldom spent a happier hour in my life, than I did that evening with Emmeth 84 LIFE OF EMMETT. His manners, his-eloquence, and the sincerity, a? well as kindness, "which breathed through every thing he said, banished reserve on my part, and'we all conversed more like long-tried friends than casual acquaintances. We talked 6f literature, of London, and of politics. My sentiments regarding Liberty^-the goddess he idolized—were warm; and, as I spoke with becoming abhorrence of tyranny, he seemed delighted with bay opinions. Before we Separ¬ ated he made me promise to call on him that night at his lodgings) 'and when I did so, about eight o'clock, I was agreeably surprised to find the Exile there before me. After supper the conversation took a political turn, and Emmetty whose mind was then filled with the project of liberating his country, began to expatiate on the ease with which Ireland could throw off the English yoke, and the benefits" that would ensue, from such a measure. 'Your enthusiasm, my friend,' said I, inter¬ rupting him, ' carries you beyond the bounds of probability; for, in anticipating a revolution in this country, you forget that England calcu¬ lates on the-subjecfion of Ireland, and that she is able to compel what it is her interest to de¬ sire," LIFE OF EMMETT. 85 1 That she desires it,' he replied, * I have no doubt; but that she is able to compel it, I un¬ hesitatingly deny. The belief in England's superior strength has too long prevailed,in this kingdorp, but it is now, happily, beginning to disappear. In comparing the two' countries, we must exclude from our calculation every thing but physical strength alone, and then the balance will be entirely in favor of Ireland; for I believe it will be readily admitted that she has the greater military population; and in a Struggle for liberty, men only are valuable. 'It is a matter of arithmetical calculation. Ireland can, in the event of a well-organized revolution^ turninto the field between seven and eight hundred thousand effective men—an army certainly more numerous than any force England could send against her.' * Admitting your calculation to be correct,' I returned, {you are not to deny the superiori¬ ty of disciplined troops over rebel numbers. An army of fifty thousand men would soon rout your invincible phalanx.' ' The time has passed, my dear sir,' he re¬ joined, {when such an exploded notion found credence among mankind. In a barbarous age, when two armies drew up within gun- 36 LIFE OF EMMETT. shot of each other, each serving as an immove¬ able. target for its opponent to fire at, such a belief was natural, because he who possessed a musket had a fearful advantage over the man who had not one. But modern times - have a different and tnore natural mode' of warfare; personal prowess now, as in periods'of antiqui¬ ty, is likely to be- victorious; and all'necessary discipline can be learned in a very few days. A man does not necessarily ,acquire either superior courage or address from the color of his coat, and a soldier with a fixed -bayonet has no ad¬ vantage over, a fierce peasant with a well-tem¬ pered pike. Almost every victory of modern times has been gained by ccmmg to close ac¬ tion, and that mode, to which'a well-regulated army is indebted for success, is as available to a determined band of freemen as to 'any hired troops in Europe. 'But, as different animals have different modes of attack and defence, an insurgent army has a discipline of its own, recommended by reason, and sanctioned by experience. With walled towns and clo^e garrisons they have nothing to do: the hills of their country serve them as places of retreat; marshes, rivers, and lakes are their best bastions, while defiles af- LIFE OFEMMETT, ford them opportunities of attack, and woods and valleys serve them as places of ambush. ' The faqe of nature solicits the oppressed to regain their freedom; and certainly, no coun¬ try oh the globe has so many invitations to re¬ volt as our own. .Scarcely a mile, from one extremity of the- island to'the other, in which an hostile army could not be successfully har¬ assed, and, if needful, successfully" opposed.. To this may be added^ that an Irish insurgent army would materially differ from a similar one in any kingdom of Europe ; for nearly every, peasant, and certainly every "man above the rank of' a peasant, is intimately acquainted with the use of 'fire-arms. Those near the sea-s"hore (and those are a large portion) are ex¬ cellent marksmen; while the inhabitants of mountains, and the neighborhoods of bogs, lakes and matches, are expert fowlers. The Wexford insurgents, in the late rebellion, gave a proof of their abilities, and showed that the peasantry of Ireland, when aroused, are nothing inferior to the best disciplined troops in Eu¬ rope.' * I know it,' interrupted the'Exile, 'for^ I witnessed their skill" in bringing down an ene¬ my, and I must confess that, had they leaders 33 LIFE OF EMMETT. of.experience; they were nothing inferior, man for man, to any force that might be brought against them. 1 There is always a deficiency,' said I, 1 iit some part, that renders every effort of the re¬ mainder abortive. Out of a hundred revolts, Scarcely one has been successful."' ' Pardon me,', said Emmett, {if I ^set you right; for history furnishes us with few instan¬ ces of failure where a nation has been unani¬ mous. It is giving the enemies of man a new weight, to add to the burden of oppression, by dignifying pigmy insurrections and partial re¬ bellions with the name of open revolt. They should rather be called sanguinary riots, and thus reduced to their proper level*: their ghosts might not be summoned from oblivious ne¬ glect to scare- mankind from an- assertion of their rights. Instances of national resuscita¬ tion are neither few nor unfrequent. Tyran¬ ny was expelled from Rome by the rebellion, of the people; and Switzerland and the Neth¬ erlands are-memorials of successful revolts. In our own day, America "has shown us what a few thousand peasants .could accomplish when actuated by a love of liberty. Ireland is super¬ ior in. numbers to any of these, equals them in LIFE OF EMKETT; 89 address and'courage, and stimulated by wrongs" greater than have been experienced by all these together. 1 Soldiers are but menr and generally 'the most imbecile of men.. Let the people be taught to despise the glare and glitter of polished.arms, and the terror they are wont to inspire will be converted into objects of ridicule and contempt. Happily an opinion prevails in Ireland, that ar soldier is- an inferior - mortal, and that three hundred athLetic peasants would be equal to a regiment of a thousand men; I don't say that this opinion is correct, but.it must be admitted that, in case of a rising, it would be of infinite service, as tending to inspire confidence in the insurgents, and contempt for their enemies—• two things that materially conduce to victory. {Leaders, in a harassing war,- would be easi¬ ly procured, for. the sagacity of an unlettered- peasant might serve for the purpose. Who does not remember the servant boy at Oulard, whose advice was followed by the destruction of a whole -regiment? Great 'occasions pro¬ duce great men, and ^generals are formed in the study as well as in the camp.- . The Cath? olics are not what they formerly were—intelli¬ gence is diffused., thousands of them are in the 40 "LIFE OF EMMETT. British army, arid every man of these would desert on the first opportunity, for. the amor pairim is not extinguished by the imposition of the military oath.' Down to the, period of 1782, English Acts of Parliament were suffered to bind Ireland. Misgovernment and poverty, 'the neglect' of agriculture, the prohibition of commerce", the abandonment of manufactures, werd, during that period, the portion of Ireland. But to¬ wards the end of the American war, the vol¬ unteers emancipated their countrymen from this bondage, and gave it the means of being independent: 1 The example of America was before both parties with all the omens; hence the demands of the volunteers were prudeu- tially conceded, and. the glorious revolution of 1782 was accomplished without the loss of a drop of blood.- The happy consequence was the immediate liberation- of the commerce of Ireland from English restrictions. Her ensu¬ ing prosperity seemed miraculous—so prompt, so general, so enriching ,J. and her aptitude to prosper by free trade became known at the same time, to her rival and herself. Bub the vplunteers could not. be always in arms, and Ireland had no representative assem- LIFE OF EMMETT.. 41 bly to foster her prosperity flaring peace. Hers was, alas!- a borough-parliament, composed sole¬ ly of the dominant faction, representing but a small portion of the inhabitants, and. haying few. feelings or wishes ip unison \yith the mass o£the people. Etfery one soon perceived that all measures o£ relief would be insecure, nay,Illusory, unless preceded or accompanied by" a' reform in-the parliament. The. volunteers saw it, and en¬ deavored to reform.; but-they-excluded the Catholics from their plan,- _ and did not see (unhappy effects of the ignorance of the time !) that this alone would" defeat dheir aim; that they could not erect an edifice of freedom on a foundation of 'monopoly. - Warned by these errors, the United Irishmen altered the system of reform fundamentally. They extended their base, and established their, plan upon three .simple principles, necessarily, dependent upon each other, and containing the disease, "the remedy, and thh mode of" its attainment. The excess of English influence, a reform in parlia¬ ment the* "remedy, and the inclusion of the Catholics the mode of its- attainment. 43 IIP® OP EMMETT. Theobald Wolfe Tone,* a very distin¬ guished politician of that day, had, of all oth¬ ers, the greatest part in effecting this change of sentiment among the Protestants, to whose communion he belonged. He wrote the origin jial declaration for the Society of United Irish¬ men of Belfast, and .his- powerful writings brought the Presbyterians of the - North very' generally into the. system* Emmett often, heard- him in strains of pure and forcible- eloquence expand, inculcate and apply, for the benefit of his beloved country, the political principles of the United Irishmen. Wherever.men.have no means of legitimate redress, we have seen .them become their own avengers, the worst government being always marked by the. greatest commotion. If there be not an impartial administration of justice, the stiletto takes the place of the jury, and for want of a .government restricted and accounta- * We have embodied in the Appendix to this work, a pketch of the life, trial and condemnation of this distin¬ guished Irish patriot, taken from Mr. Phillips' new work—* «' Curran and his Contemporaries." "We -should have been pleased to have introduced it into the body of the work, but could not do so without too great a digression- ' It will be found very interesting^ and it is hoped that it will not be treated, as matters in an Appendix usually are.—Com. LIFE OF EMMETT. 48 ble, in Ireland, insurrection and civil war were the only resources of" an exasperated people. -Left without the protection of a nationaLpar- liampht, Ireland was always tyrannibally -ruled, the frame of society dislocated and broken, and her numerous insurrections Were the throes of agonized nature; But from the moment the Protestant reform-- ers recognized the principle that no reform was practicable^ .efficacious, -or just, which should not equally include Irishmen of every religious persuasion, the measure was feasible. It re¬ ceived the assent of tha whole nation, save only the Established Church, hud the other depend¬ ants of the British government. Its principle recommended itself to the common sense of mankind j and the authority of mankind pro¬ claimed its- benefits. In. a short time its way was so prepared by public opinion, that even its interested opponents " Anticipated rits final suc¬ cess. • They determined) therefore, upon the desperate expedient of leaving no parliament in- Ireland for a, reform to better. They hastened to bay from the borough-holders that which a truly Irish parliament would not sell—its own existence. They hoped to extinguish, in the abolition, of the parliament, every chance- of 44 LIFE OF EMMETT. peaceable and constitutional improvement.-^- They- conspired ta transport it for life, mutila¬ ted and captive, into the British House j to im¬ prison beyond the seas in the abyss of English supremacy, where its languishing, nerveless remains, doomed to live- in a perpetual mihori- ty, could never more bring 'to its ill-fated coun¬ try the blessings of liberty, gpod government orjcommerce. . " By the measures of a legislative unioni Ire¬ land reverts again to the same wretched state as wherr botind by ;acts of the British parlia¬ ment. En the misery of that state, the ablest men. who ever advocated her cause, even other than UnitecT Irishmen,, have exhausted elo¬ quence and invective, and the brightest page -in her.history is the one which records the extort¬ ed renunciation'of that usurped power and plen¬ ary. right of self-government. The pitiful re¬ presentation of Ireland in a foreign, land can but little avail her for her own benefit.- She is there in a rfnnority of one to six. The six^ give the law to the one, and with that one the.y haV<5 nothing, in common. They have other con¬ stituents, who- are U different people, .who have clashing interests, who have national -antipa¬ thies, and who .may well feel contempt for the IIFK. OF EMMHTf. 45 substitutes of that parliament that traitorously sold: its country. Such are the legislators who have bound Ireland in fetters. "The consequences are the same. as' hereto- - fore: "discontent and remonstrance, and a pro¬ clamation to all Europe, showing how easy it would be to dismember the United Kingdom. No loyalty will reconcile rational beings to pre¬ serve an evil which they pan exchange for a good* j so that -those-*who make Ireland poor and enslaved,, set before her, above all'other men, the advantages of separation. What can create desire for this remedy but ill-treatment ? and so long as this treatment lasts; how shall that desire discontinue ? They stancLin the relation of cause and effectrand will for ever go on, or cease together. ; "It was-the opinion of Erhmett, that the legis¬ lative union was a measure more suited to facilitate the despotism of the ministry, than to -.strengthen the. dominion of England, . .Since fhewabuse of power has always followed excess* no less in nations than individuals, a restraint upon human actions is salutary for all parties* and the impediment that shall stop the career of ministerial tyranny, will- be found to Work best for the stability of the connexion. If this m LIFE OF EMJ^ETT. operate to the good of Ireland she will observe it for its utility, an Irish parliament being then its best preservative. If, on the contrary, it be made, as at present, to sacrifice the manyffor the few, it will be viewed'as a curse by the Irish people-^an * evil that must be got rid ef, rather than a good to be embraced and cherish¬ ed. ■11 At present we see those persons who deny a parliament to Ireland on which to rest her peace •and happiness, self-poised and -self-protected j we- see them sedulous to change the state of the question, and to represent the repeal of the legislative union as a schism in the government. They would limit the people of Ireland entire¬ ly to England for benefitsr—whence, then, have come their wrongs ?• An Irish parliament, on the contrary, would be a bond of liberal con-* nexion 5 it would settle every question of do¬ mestic policy at home, prevent strife and re¬ crimination -between both counfriep, secure to the affairs of Ireland, a degree of attention 'which however necessary, they do not and cannot obtain among the-, weighty concerns of a differeht people in a foreign legislature. It would remove the. old opprobrious evil of legis¬ lation without representation; for wherever JLIFS OF EMMETT. this is partial arid foreign, it is inadequate: as relates to Ireland, it is worthless mockery. Why was a borough-constituency vicious, .but because it sent men to make laws for the peo¬ ple who did not represent the people', who were returned by a different body,, find intent upon serving themselves .and their employers.. The attributes of genius are not rare among the countrymen of Emmett, arid time is ,con¬ stantly developing the resources of mind. - The labors of intellect press onward for. distinction, While names of high endowments are" farced bacjt to make room for new reputation. They alone will be remembered who have acted with an .impulsive power on the destinies of their country and kind; Among those who .first taught, how to overthrow the misrule of Ire¬ land, who exposed.its cause and,prepared its cure, Emmett is distinguished. Jle had great- influence in the adoption pf those measures which are still at issue between Ireland and her ^ foes,-and' which, in' part obtained, in part with¬ held, are determinative of her future, happiness, as-they shall .finally fall or .be signally success¬ ful* PART III. Preparations for -an outbreak—Devotion of tlie Patriots- Cruelties of the day—Explosion of a Depot—The Ray of attack ^approaches. The different 'depots t>f Dublin, which Em- mett hired for his**"purposed outbreak,'were, at his sole expense, furnished with military- pikes- and handles, ammunition- and'clothing. In one of these depots gunpowder Was manufac¬ tured in-another, timber was prepared for con¬ structing-rpikes ; and in others, pikes, "fire-arms and- stores- were deposited. It must be observed of the numerous persons connected' with those depots, that* heither the ee'rtainty of an ample*reward, nop the Wavering instability common"! o men 'efigaged m'danger* ous designs,'could draw the 'discovery from the impenetrable recesses of their fidelity: tin evi¬ dent .proof that the hearts of the people Were with the project £ or, perhaps it was- that the departments of the police of Dublin," were all filled by men who had been deeply engaged in the cruelties of the preceding rebellion, and who, being on that account stigmatized and detested by the people,* even those who were LIFE OF EMMETT. 49 secretly inclined to- give information, were not willing t6 unbosom themselves, to men whom they regarded with so much horror. W.e cannot resist the temptation to insert the following narrative, as illustrative of the cruel¬ ties and abominations committed daily, and with impunity, , upon the unfortunate people of that, dreadful period." "It is from the pen of a writer, who will not" fail to interest, as he was an eye-witness to fhese revolting scenes : " After walking about a mile, we came to a neat thatched cabin, situated in a very seques¬ tered valley. A river ran before it, and. a few aged trees shaded the simple roof. The door was open, and on our entrance', a peasant rose to receive us. He smiled as he handed me a chair, and looked inquisitively at my companr ion. " 'Don't you recollect Mr. J ?' inquired the exile. This interrogation was followed by a momentary pause, during 'whifch Howlan seemed lost in reflection,^after which he burst into an exclamation of surprise and pleasure. "'Oh! blud-an-oiihze !' He repeated several times,is this yourself—your -own four bohes \vholt? and sound after ail? Well, well, I knew, I knew I should see you again, thbirgh I was 8 50 LIFE OF EMMETT. certain you" were dead ; and many is the pater- and-avi I "said for your soul, though I believe you are a Protestant. But where's the harm in that ? did you not fight like any Roman for ould Ireland ? and" what more could a real true- born Catholic do ? Troth, some of them didn't do as much, the spalpeens, x>r we would'nt have now to begin again.' " So,.so, Howlan,' said the Exile, fyotl- haven't yet learned to be loyal ?' y 1 Loyal!' repeated the hero of Oulard, 'no, in troth, for it is not in.my grain ; and faith, I believe if I was paid for it, these stripes on my back would not let, me. Oh, no, the crows, will get white feathers before Denis Howlan will forgive the Orangemen—bad luck.to them.' " ' I recollect,' returned the Exile, 1 a part of' your story, but the apprehensions I wag under when I first heard it, prevented hie from at¬ tending, to the whole, i Was not your father murdered V ' Murdherd'' repeated Howlan; c ay murcL herd over and over again; and wasn't" I„miird- herd myself.? .But/ he confinued^ 'Til just tell it all here to you both.' Then drawing his stool close to where "we sat, he proceeded : " 1 My father, (Lord be merciful to his sowl LIF^ OF EMMETT. 51 in glory I) kept a snug little farrfl eh the right- hand side"of the rbad that goes from Gorey to Ferns i and, though' I" say it,, there -\yas not a •more sasty man in the county, of Wexford. I, myself, was the yourigest of three sons and two- daughters, and the devil a mere" genteeler fam¬ ily attended 'Mass rof 'ar Sunday than Paddy HoWlali's. My two brothers were able, strap¬ ping fellows, and? faith, there* were worse boys in the parish than inyself. You may be sure We were real Croppies, and why but we should fori our religion and country ? '''The winter before the Rebellion, the Yeos* were out every night, and "dreadful work they made of* it—burning,/whipping, and shooting. A poor Catholid couldn't live at all, at all; and, as we expected that they would give'u's a call, we. hid/our pikes and guns in the ditches, and, to he sure, appeared as.innocent -ats Jambs. I shall neVer forget the 15th of November; no, never,.while there is a drop of Irish blood ill my Soul for,* when I think of it, my brain boils, and my very flesh' crpepsj all if there was l blister all-over mb. Well, as F was saying, on the 15th of November I was coming- home w , 9 * ' " ' ' "" ' *A conteliiptuoua name- for yeometu «2 LIFE OF EMMETX from Ennjscorthy market, and being after tak¬ ing a glass" of the creature with one friend or another, I was pretty merry, and to make the road light, I was singing ' The Victim. of Ty¬ ranny J and the ould mare a-self was so pleased with the tune, that she kept the track as straight as a die, though the night was as dark as pitch. " 'Just as I "came 'to the top of the bougha- reen, that led. down to our house., -a fellow seiz¬ ed my beast by the halter, and,while you'd be looking round you, a score of bayonets was ready to pop-into poor Dennis. "" Hallo !" said I, " what's this " You Popish rebel," cried the officer, for it "was a party of the North Cork, "what,song is-that yquwere singing?" Och, nothing at all,", said I, "only Hew words to *an ould tune. . "Ah! then by —j—,"~said. he, you s^all soon sirig another June,.unless you_ tell - us of all the people you know to be United Irish¬ men." " Faith, and^that's what I can soon do;" says I, " for I know nobodyJ' ,The word yrasn't well out,of my* mouth, when he ran his sword into my arm, saying, " That's a tickler to"help your memory." " Thank your honor," says I, " but as ye are not Yeos,„I hope you will act LIFE OF EMMETT". 63 decent, and let a poor boy pass: My name is Howlan, and never did any man an injury." " Howlan !" cried the officer, " You- are the Very man we want. Have y6u not two broth¬ ers?" "Ay, and a father .too," I answered quite fcalmly, though I was in# a terrible pickle, with the blood streaming 'down my arm. " "I was.then bidto'drive down to my fath¬ er's house, and -they all kqptTpiite close to me. •The family were all in, bed, and I, * foolish enough, called up my poor father, then seven¬ ty years of age, and my two "brothers. They came out id to the lawn in'their shirts,'for they were so'frightened they'forgot tb put on their "clothes, and if they hadn't, they 'could not, for want of time. - " My father sa-idha had.no arms; and when Tie protested, which wakthe tiuth, that he was no United man, the sergeant knocked him down with a pistol, and some of the soldiers began kicking of him while he lay on* the ground. My brothers, of c<5urse, (for what Christian "would turh informer ?) refused to confess any tiling, and accordingly the eldest was taken and tied to a car, and a drummer-boyproceeded to flog him at a desperate rate, while one of .the &4 LIFE OF EMMETT. party, to give him light, set fire to the barn. As the flames.mourtted up to-the skies, I could see my brother's bacb, hackled like a raw^gris- Irin, while the'p&or fellow refused to gratify hfs murderers with a single groan- My moth¬ er rushed out, and falling, on her knees, be^ seeching the villains to forbear,, but one of the spldiers gave her a kick in the stomach, and stretched her on the pavement: " Knowing how soldiers then treated young girls, I made signs to my sisters; who had come to the door, to.shut it, and remain inside. They did so, before the soldiers could, prevent the.m ; and one of them having seen what I had done, told the- others, and in a minute there were a dozen stabs in my body. My eldest brother was then released, and the other tied up -in his place, when my father, who had recovered, rushed forward and se-ized'thp djummef'^ arm. Poor-man !' the savages had no pity on his tears, and fie received several stabs I' " Hera Denis- was overpowered by Bis feel¬ ings, and after*hastily wiping away one or 'two natural drops from'.his cheek, continued : ' " ; I was now questioned about United men, and arms, and as I also refused to make any discovery, they 'took and. bound my hands be- LIFE OF EMMETT. 55 hind me, and then,' taking the halter from the mare's head,^ they placed it. around my neck, and raising the car up,^ hung ^tae out of the baekband. They were too cruel to le1> me die a natural death,-euyl so cut, me down a few minutes afore I went to Paradise. I can't tell anything about that time^ but my ould mother told me that my face was as black as a pot, and my tongue a bundle long. The first thing.1 re- Collect, after being hanged, w&s to see the- poor ould house in flames, the soldiers having set fire to it, to get my sisters out, but they were disappointed, as the girls had'made their escape while they w6re hanging me. " 1 To make a long story short,.' continued Denis, ' my father, mjsfejf, and two brothers were thrown into, the cart, and marched off to Fern. Next day my father died in the guard house; and after a week's confinement, my brothers and I sw§re turned out with pitched cgps upon.our heads.*. We had nowno house, *fti's said that the North. Cork Regiment were the in¬ ventors—but tlie.y certainly were'the introducers o£ ditch- Cap torture- into the bounty of -Wexford. Any "person having their bait cut short, (and'therefore called a Crop- py, by which appellation the soldiery designated -a Uni¬ ted Irishman,J on being pointed, out by seme loyal neigh¬ bor, was immediately seized and brought into a guard house, where eaps, either of coarse linen oivstroqg brown pap t, besmeared inside with pitch, were* kept always 53 LIFE OF EMMETT. no-home, lor my father's life being the term of the lease, tho landlord had seized 011 our little all, and so we-went to service, as tlid my sis- 4 f *J f ters, my mother having died in a month after my father. ' My brothers were long before the^r recovered ; an/1 for myself, I'll feel, the effects of that bloody night to the" day of my death. "The tale of this-untutored peasarit,told in his own vulgar, hut expressive language, pro¬ duced a painful interest on my feeiing£r while it excited ray indignation to that 'degree of frenzy, Which made me instantly deteimind upon the Quixotic resolution of finding' c-ut the- officer under whose command' the family of Howlari had been toriured, and call him to an account, or at least expose hkn to the %or.lcT. Filled with this extravagant n6tion, I inquired of Dennis, as we- walkeji.along, tyherfe the North "Cork were n'cw sta-ticned. " fc Lord bless your honor,1 replied Dermis, ' there's not a man of them 121 the -land o' 'the living, for I was at the killing of thcm'alf "my- , j~ ttl ZM- 1 . f , ready fbr service. Tiie unfoftunale'v ictim -hat} one of these; well heated, compressed on-Ms head.: and A\ hen judged ef a proper decree of codaesg, so that it could^uot easily "tie pulled oil" the ssiierer was-tui'ned out amidst the horrid aeehtinatlomvof the mercifess torturers, and to t*he view < f vast numbers of people, who generally crowded to the guar-d- house door, attracted by tLc afiiicling cries of the tormented. LIFE OF EMMETT. self—and quick work we made of it—on Ou- lard Hill.' " Oh, I remember," said I, " Mr. J spoke of your generalship there. How was that ? " 'Why,'" replied Dennis, ' when* 1. went to sarvice, my master fived in the very parish with Father Murphy, who, God bless him, coming one day through Ferns, saw the Yeos shooting- poor Catholics dike dogs, trying how many of them a musket-ball would g*o through at once so in the evening he.called his congregation together "in the chapel. ' It was-as dark as bags and not a candle lightning io'shoW us the wa"y to say pur prayers. We were all silent as death,, and you could hear a pin drop on the floor while the pf iest was speaking. He toutd us 'twas better to'die fighting for our religion and co.untry, than to be butchered^ like sheCp by the Orangemen.- He-said what was Gospel, and faith we took his advice, anch marched- in fine order after him, and he in -the middle of us, to Oulard Hill, where we encamped for the night. The Yeos fled like .murder at the sight of us, for they #re the greatest coWards in the world, and sent the sogers to-frighten us; but faith, their day was passed, and once we burnt the candle, we'd burn the inch. When the 58 LIFE OF EMMETT. red coats appeared, our faces were all manner of colors, and-many proposed to rim away. 'No, no,'says I, ' the priest Erin, go bragh, let every man start up and use his plbe. My advice was taken, and Father Mui'phy blessed us-all. The sogers come up, -sure enough, with a fellow like a turkey eock Strut¬ ting before them on his horse,.and when they came quite near the, ditch, he -went behind them,.and we could hear'the words,. "Heady, present, fuel" Pop, pop, pop, went their mus¬ kets ; but faith, I Shouted out like a lion, Erin go hragh* and it would do* your heart good to see what sport w.e had. They weren't a breakfast .for us, and I, 'had the pleasure, thank God, of sticking firy pike into the ras¬ cally lieutenant who murdered myself and my father.'" The Government had, by the month <5f June, discovered enough to quicken its diligence,, and the officers of. the police appeared thencefor¬ ward more alert ami vigilant; n ot with stand-' *Hay's History of the Insurrection in Wexford. LIFE OF EMMETT. 59 ing which, it was difficult to bring them to.be¬ lieve that the project of insurrection yas on foot. This state of delusion continued until the fourteenth of July, tjxe anniversary of the French Revolution, which opened .the eyes. off many, and excited .a considerable degree of alarm. Bonfires were publicly made in com¬ memoration of that event, and^ collections of people, apparently strenuous-and decided, form-t ed and partook in the festivity. On the sixteenth, the depot of poyder On Pat¬ rick street blew up, in which, thqre were two men nearly suffocated, one of vdipm, in throw¬ ing up.the window, cut the.aftery of his arm, and bled tocjpath; the otherpyas takentprison¬ er. Emmett was so alarmed at the discoveries this explosion yyoukl lead, to,, that he quitted the house in Butterfield-La'ne, and took up his permanent residence at the, depot in if ass-Jane. He here had^a mattrass to .'sleep on, that lie might be present,-night and day, to direct and animate the workmen. The interval of the seven days ensuing af¬ ter the explosion, was employed by Emmett and his associates, either in deliberating on the propriety of immediately flying to arms, or in 60 LIFE OF EMMETT. concerting the most practicable mode of com¬ mencing their operations. It was ultimately agreed upon to seize the several depots and arsenals in the vicinity of Dublin; and above all, it was universally determined to gain pos¬ session of the Castle, a^, in that case, it was supposed they could more decidedly influence the public mind by having the seat of govern¬ ment in their power. As the day of attack approached, the great¬ er part of Emmett's adherents, contemplating their danger, wished to defer the attempt. Em- mett, however, was. peremptory- in the oppo¬ site way of thinking. He represented, with an impetuosity not to be resisted, that the mi¬ litia, was about to be embodied; that the coun¬ try would be placed every day in a more un¬ assailable posture, and by its multiplied meas¬ ures of defence, become impfegnable. The reader will not be displeased, probably, with the following extract frorp. the pen of the same writer, whom we have so often quoted, as illustrative of the kind, generous and un¬ suspecting character of Emmett, evep under the most difficult and trying circumstances: " I learned from Dennis, that the conspira¬ tors met in a valley , not far from where we LIFE OF EMMETT. 61 were, and that he was hastening to join them ; I signified my readiness to attend him j and, as Dennis was not a man of ceremony, he did not stand long upon punctilios, but immediately conducted me across a heathy and desolate hill, towards the place of rendezvous. " The night had closed around us as we ap¬ proached a mountain chasm, and, after scram¬ bling through a rude aperture in a stupendous rock, we found ourselves in a. kind of natural recess, formed by an amphitheatre of surround¬ ing hiBs, whose overhanging acclivities frown¬ ed in gloomy horror upon the little valley. By the light of the stars we could discerm -some persons' who had entered before us, proceeding towards the opposite side, and we accordingly followed in their footsteps. * We had not pro¬ ceeded far when the voice pf a person speaking fell \ipon our ears, and I had not to listen long before I recognized the deep but harmonious accents of my friend. Emmetf^ as he addressed the people around him,, who appeared to he about the number of five hundred. His har¬ angue was on popular topics, of Irish tgriev- ances, and he spoke with a fervency ©f manner that showed him sincere in the sentiments he 62 LIFE OF EMMETT. littered. When he concluded, Mai achy took his station, and proceeded kto address the peas¬ antry. X could not but observe in his speech, superior ingenuity. Emmett was mor'e^ elo¬ quent, but less artful} more impassioned, but less logical. There was sincerity in every* word he pttered, and patriotism appe'ared to predominate m every measure he recommended, whilst humanity breathed throughout" his dis¬ course. But Malachy addressed' himself di¬ rectly to the^passions^ and so intimately Blend¬ ed religion with politics^ thafhis auditors could scarcely suppress the operation of their feel-* ings, and when lie concluded, an involuntary burst of applause followed. "Dennis, who had listened with the utmost attention fo both speakers, now took'me by the hand and led me into ^lie throng. Malachy cast his eye upon me, and instantly exclaimed^ staht that we shall (which Heaven forbid!) be unsuccessful, think riot that our" endeavors will be forgotten, or that our country will cease 70 ' LIP® OF EMMETT, tohemember us. No, my friend, -the- tyrant laws may condemn us, and tyrant authority asperse and vilify out characters 5 hut rely on it, that Irishmen shall reverence the names of K andEmmett while patriotism has admi¬ rers, or Ireland a friend. Onr country has never beenjungrateful, and so few have been her benefactors, fliat she is prodigal of thanks for even dubious favors. Of us she can have but one opinion, for ingenuous enmity cannot attribute any but laudable motives tfo-our de¬ signs. For Ireland I will spend my private fortune, and 'for Ireland I shall, please God, venture my life. Kosciusko is a name as be¬ loved in Poland as that of Wasington in Amer¬ ica. "But reverse, this gloomy picture, and look —as humanity should ever look—upon the btight side of thihgs; for defeat $oes not' al¬ ways terminate daring enterprises. Reflect upon the consequences of success ; our ene¬ mies vanquished, our arms triumphant, and Ire¬ land free ! Our names 'assbciated wifji the liberators of .nations, and ourselves overwhelm¬ ed with the grateful benedictions of an "eman¬ cipated people, Olir youth will increase the general wonder, and the means by which we LfFE to fiMMETE, VI shall achieve such illustrious actions will aug¬ ment the pleasing amazement. Add* to this the exalted Stations we shall occupy, and the joyful approbation of our'-owii bosoms; and tell me, is not our present situation, takiffg all thipgs into -account, one that 'might tfrell be envied ? Defeat cannot deprive uS of honor, nor death off'glory; while success, if obt^ihedr has in .store fou us all those rewards which ev¬ er graced the most fortunate of mankind. Opportunities for great actions," says the moralist, " occur but seldom, and surely he ill deserves honor who lets the opportunity pass when it presents itself. Glory has found us, and let us embrace her ; the tide of our affairs is at the flood, and let us embark upon the waves of fortune: we-are all 'attended, and Heaven seems propitious. A thousand years may pass, and a* more favorable moment may not again occur. " What, still thoughtful ? Oh, I sed, Miss J has whispered, something iiito your ear which has operated unfavorably upon your mind. Well, I can. excuse yo.u, for a being of such perfect loveliness might well disturb a hermit's prayer, though I will not allow her to divert a patriot's purpose."- 12 LIFE QF EMMETT. ".Then?",said I„ " you will not pardon love iii a conspirator ?" " I can not only pardon it," he replied, " but sincerely wish thai the tender passion may be always blended with the amor* patriae., for he that anticipates the commendation of a beloved mistress, can never act dishonorably. My friend," he continued, rising and taking me by the hand, " I too have one whose praise I wish tt>-merit, and whose exaltation, next to my" country, is the first wish of my heart.- She is kind, she is lovely, and Heaven only* knows how good !" "And yet," I interrupted, "you would fling away this jewel, without" having the untutored Indian's apology, for you know its value." " I know its value," he rejoined, "and, be¬ cause I know it, I wish to place ft where its worth may be appreciated. The stagnant vale of inglorious ease is for those domestic enam¬ ored soul? who are content to pass a life of inactive worthlessness, and who wish to enjoy affection without having merited love. Mine is a higher arhbitipn: I must make myself worthy of the woman of my .choice, and the glory which'sheds its lustre on the .husband shall re¬ flect its splendof on the wife. Heaven forbid LIFE OF EMMETT. IB that an excusable passion should thwart the great design of my life^ or cause me for an in¬ stant to neglect my country's good for the pur¬ pose of promoting my own personal advantage. What earthly possessions could equal the glory of having freed Ireland from foreign, domina¬ tion ? and, though failure might partially ob-» struct its rays, we never can be deprived of the consciousness of having deserved it." PART IV. The attack-—Failure—Dispersion of the Patriots—Em- mett's attachment for Miss Curran—Attempts to visit her, and is captured—Major Sirr. T*he magazine which Emmett had prepared for the outbreak was by no means despicable- It comprised the following warlike implements: 145 lbs. of cannon powder in bundles, 11 boxes of fine powder, 100 bottles filled with powder, enveloped with musket balls, and covered with canvass, 246 hand grenades, formed of ink bottles, filled with powder, and encircled with buck¬ shot, 62000 rounds of musket ball cartridges, 3 bushels of musket balls, A quantity of tow mixed with tar and gun¬ powder, and other combustible matter, for throwing against woodwork, which when ignit¬ ed, would cause an instantaneous conflagra¬ tion sky rockets, and other signals, &c., and false beams filled with combustibles; and no less than 20,000 pikes. This superabundance of ammunition is an evident proof of Emmett having promises of HFE OF EMMETT. 75 large supplies of men, in. which- promises hi was fatally disappointed; for instead of having a force of thousands at his eommand, he could only muster a few hundreds on the evening of the engagement. 11 On the morning of -the appointed day, (23d of June, 1803) for this momentous enter¬ prise, " continues the same writer from whom we have been quoting, " the Kildare men were seen directing their hurried steps towards the Capital. They had collected about the depot in Marshalsea-lane and Thomas-street, in un¬ usual crowds, when about five o'clock they were persuaded by 'their* officers. to. return home. This, with the defection of the Wick- low and Wexford laborers, would have deters red a less ardent spirit than that of Emmett's from proceeding. His, though damped, never quailed under the danger that this disappoint¬ ment was likely-to bring'on him and his fol¬ lowers. Towards dusk he directed the distribution of pikes amongst the waiting crowds in Thomas street, and proceeded to make the necessary ar¬ rangements for the contemplated attack. On th'e night of the 2£d, we assembled at the depot, and, though every thing wore a 76 LIFE QF EMMETT. gloomy aspect^. resolved to1 persever e. The different leaders-- received their instructions ; some were jn -assemble their forces in the Bar¬ ley Fields, now Mountjoy Square, some on the Coal Q,uay, and others in different .parts of the town. * These were to act only -in case of see¬ ing/a third rocket, which Emmett was to send up when he considered the time arrived for the commencement of hostilities. Emmett, Malachy, Bryan, and I, were to head the forces which were to attack the castle. , Every thing being .thus arranged, I bid my companions farewell for the night, and return¬ ed to my lodgings. 1 could sleep but little, and when I awoke the .next morning, the consci¬ ousness of being on the-eve of a great event, filled my mind with gloomy apprehensions. To reflect, however, was now useless, and without giving my thoughts time to inform against my purpose, I .hurried to the depot, where I found all in confusion. The place was thronged by insurgents^ who had arrived from the country, and whose presence served* to obstruct the workmen* Malachy and Em¬ mett, with astonishing firmness, gave direc¬ tions,- andT was'handed the printed proclama¬ tion to read. LIFE OF EMMETT. 77 As I lookfed upon the 'expiessive counten¬ ances of-the desperate and infatuated men around me, I could not rCsist the gloomy" pre¬ science which the scene was calculated to im¬ part. It was a moment I would' not wish to go through again, there was so much of fore¬ boding evil—so much of personal misfortune to -be apprehended—and so much toil and peril which must be endured, whether the rebellion triumphed or was crushed. My imagination, like a prism, collected all the rays of evil from probable discomfiture, and. showe'd -me, in ag¬ gravated hor-ror, all the dangers I' had to en¬ counter. However', to recede was now impos¬ sible, without incurring the imputation of cow¬ ardice, or what was more intolerable, the sus¬ picion of my associates. 'Actual hostility was preferable to either of these; and, making a virtue of necessity, I recalled the memory of those conspirators who-had been successful, and fortified ray resolution by anticipating the same fortune, thoflgh every thing around might have taught a rational man the extravagant folly -of hoping to subvert a powerful govern¬ ment with a few hundred men, partially armed. These, it is true, we thought/had only to raise the standard of rebellion, and thousands were 73 LIFE OF EMMETT. readf. to support it/butln future, who will rely upon the promises of conspirators ?" About six o'clock, Emmett,/Malaehy, one orr two others, and myself, put on- our green uni¬ form, trimmed with .gold-lace/and selected our arms.* The insurgents,-who had alt day been well plied with whiskey, began to- prepare .'for commencing- an attack upon the Castle ; and when-all was ready, Emmett made an animat¬ ed address to the- conspirators. At eight o'clock precisely, we sallied out of the depot, and when we arrived in Thomas Street, the insurgents gave three deafening cheers. The consternation excited by- our presence defies description. -Every, avenue .emptied its curious hundreds, and-almost every window exhibited half a dozen inquisitive heads, while peaceable shopkeepers ran to their doors, and beheld with amazement a lawless band of arm¬ ed insurgents, in the midst of a peaceable city, an hour at least before dark. .The .scene a) first might have appeared amusing to a careless spectator, from the singular dubious character which the riot worn; but when the rocket 'as¬ cended, .and burst over the heads of the people, the aspect of. things -underwent an immediate and wpnderfui Change. The impulse of the LIFE OF EMJIETT. 79 moment was self-preservation; and those who, a few minutes before, seemed to lo.ok .on with, vacant wonder, now assumed a face of horror> and fled with precipitation. The wish to es-^ cape was simultaneous, and the eagerness with, which the people retreated from before us im¬ peded"- their flight, as thfey crowded upon one another in the entrance of alleys, courtways, and lanes ; while the- screams of.women and children were frightful- and heart-rending. "To the, Castle! " cr-ied -our enthusiastic leader, drawing his sword, and. his followers ap¬ peared-to- obey; hut when we -reached the Market-house our adherents had'wonderfully diminished, there not being more than twenty insurgents with 'us. - "Fire the rocket!" cried Malachy. " Hold awhile," said Emmett,.snatching the match from the man's hand who was about ap¬ plying it. " Let no lives be unnecessarily lost. Run back and seer what detains the-men." Malachy'obeyedand we remained near the 'Market-house, waiting* their arrival-until the soldiers approached. " Oiir causeds lest! " exclaimed Emmett, snatching the rockets from the man's hand faho carried them, and trampling them under 80 LIFE CF E3IMETT. his feet, h'e continued, " Let our'friends at a distance escape; comrades provide^ for yout own safety." A skirmish now .ensued, and we .succeeded in forcing our way into Francis-street, bujUhad not-proceeded far .before- we saw- another party of soldiers advancing against us from * the Coombe.. *'.This way, sir !" cried a voice I had heard before, and Denis Howlan seized my arms, and pulled me into a street^Plunkei-street;) full of old-clothes shops.- Ab.ouJ; a dozen doors down •vVe turned into a shop, Denis asked as .we en¬ tered, ".Friend.or foe " Ifriend!" cried an old. man, hurrying us into a back parlour, and then up stairs. " The roof, the -roof," hp.whis¬ pered ; and. accordingly we made our exit thropgh a donnan window.- In the gutter, between the houses, we found three men, who had sought that place of safety; and, having also danger to-apprehend, we%to©k, like them-, a recumbent posture. Throughout the night Our^ars were-assailed with noises like tho^e of a town suddenly at¬ tacked—bells ringing—drums -beating, and all the -clamor of war—while-an occasional 'shot announced that* our danger was not over. My LIFE OF EMMETT. companions sent up incessant prayers for the safety of their enthusiastic leader, and, as X loved the man, I heartily joined in their obser¬ vations. It was during the progress of the insurgents from the depot, that the attention of the rear was diverted by the arrival of an equipage ; a moment's enquiry satisfied the. mob it waS that of the lord chief justice of Ireland. ' A halt was instantly called, .disordej- and tumdlt prevailed; the heads of the advancing party immediately returned upon their steps, and ,the massacre of the venerable Lord Kil warden, was called for and eohimitted by some cold-blooded ruffians amongst them! It is universally -agreed that the murder of this excellent, man was the unpremeditated act of a ferocious- rabble ; but there are various ac- cpunts of their probable motives in wantonly sacrificing so upright and* humane a judge to their fury. A popular explanation of, thjs is, that the perpetrators mistopk him for -another - person. There is also an account which ad¬ mits the mistake in the first instance, but sub¬ joins other particulars, which appear sufficiently probable; and as some of the facts, of which there is no doubt, reflect the highest honor upon 82 LIFE OF EMMETT. Lord Kil warden's memory, the whole shall be here given; In the ye'ar 1795, when he was attorney general, a number of young men (all of whom were between the ages of fifteen and twenty.) were indicted for High treason. tJpon the day appointed for their trial, they appeared in the dock, wearing shirts with tuckers and open col¬ lars, in the manner usyal with boys. When the chief justice of ,th*e King's Bench, before whom they were to he tried, came into court, and observing them, he called out, " Well, Mr. Attorneyj I suppose you're teady to go 'on yrith the trials df these tuckered -traitors ?'.' The at¬ torney-general was teady, and had attended for the purpose; "but indignant and disgusted- at hearing such language from the judgment seat, he rose and replied, "No, my lord, I am net ready; and (added he, in a low tone to one of the prisoner's counsel-who was near him) if I have any power to save the lives'of these boys, whose extreme youth I did not before observe, that man shall never have the gratification of passing sentence upon a single one of those tuckered traitors." He performed his promise, and soon after-procured pardons for them all upon "the condition" of their Expatriating them- LIFE OF EMMETT. 85 selves forever \ but one of them obstinately re¬ fusing to'accept the pardon, upon that condi¬ tion, "he'was tried,' convicted and executed. Thus far the* fdct upon- credible authorities ; what follows is'given as &n unauthenticated re¬ port." After "the death "of this young man, his relatives,*it is said, readily listening to ev'ery misrepresentation- whielf flattered their resent- *ment, became persuaded that the attorney-gen¬ eral had selected him- alone to suffer the utmost severity of the law. One of these, (a person named Shannon) was an insurgent on the 23d oT July, and "when "Lord Kilwarden, hearing the" popular cry of vengeance, exclaimed from "hiscarriage, "it i§I, Kilwarden, chief justieeof th'e King's Bench 1" " Then!" cried but Shan¬ non, "you're the man that I want!" 'and plunged a pike into his lordship's body. It was at this period, it* is asserted, that Mr. Emniett, and' the other leaders, who had been somewhat more than an hour engaged in a task far beyond. their powers, fetired' in'despair at finding all commahd disregarded, all efforts to producb subordination ineffectual ;*and -their favorite project of seizing the castle rejected for the slightest opportunity that "occurred of in¬ dulging jthe predatory disposition of their asso- 84 LIFE OF EMMETT. ^ciates to rapine and murder. „ .It has been urged hi.their favor, that shocked and disgusted at the murder of Lord ITil warden, the' chiefs in¬ stantaneously came to the resolution of aban¬ doning their unprincipled followers. , A detachment of the regular army coming up now, commenced a.brisk fire on the remain¬ ing insurgents, and ohjiged them, .after a short resistance,.to seek safetyun flight. A"party of soldiers, stationed at the Cpombe, under Lien- tenant Douglas, was attacked' by the mob who were retiring from Thomas-street, and made to -give way after , a "severe skirmish. At this at¬ tack the bravery of a vpnerable.old lnan shone conspicuous} his son was attacked and" sorely pressed by the bay-onet of ope of the soldiers} and would inevitably Jiave been sacrificed,, had not the parent, who saw' his danger, ,«stept-in and received the blow intended for the son. The soldier suffered the fate he gave -y he was piked instantaneously - by the infuriate youth, who retired with agonised feelings, leaving the. two bodies side by side—sad me¬ mentos of the effects, of bad laws and misgov- ernment. It was never "exactly known the numbers of livens lost on this night j it is sup-, .posed, however, there could not be less than tlFE 0F EMMETT. 85 eighty, including the loss on both sides. 'Em- metfc fled to the mountains"he arrived in time to prevent a contemplated -rising of the insur¬ gents.-, Immediately after, he- and the other leaders in the conspiracy met in a glen in the Wicklow mountains, to consult on plans of future operations* We had just gained the ascent of a lofty hil), on our-way to- the .place ©f, meeting, when p. shrill whistle,, apparently not far distant, brought, us -to a full stop, and ih-an instant, a ,dozen men started up, as if by ,st>me magical agency from the heath abound us. -"Your name and-business ?" demanded a gloomy-leok- ing figure who stood before us, wrapped up in a great cleak. " Our "names and business ?"• repeated ""Denis; "'mp.yhe we've, neather; what would you have then V "Yopr life!" replied our - interrogator, ap-. proaching us \vith a pistol in 'each. hand. " Hold !" exclaimed a man rushing between us, "these are friends.,. You spalpeen, don't you know Denis Howlan?" "Faith,Captain Dwyer," sajd my compan¬ ion, with-the utmost sang tfroidy "it.just is Denis Howlarx .himself, tmd this is a.'real friend 86 LIFE OF EMMETT. of Giniral' Emmett, 'though if is riot himself that's irf it as he hasn't got on his own clothes." •"No matter for that," replied Dwyer, "hast¬ en to the glen. The "council are meeting, and I am here to prevent intruders—pass on—good night—Babes* to»your cover." -In .the glen, as the Outlaw had informed us, we found several persons assembled f and . when my name was announced, orie-of them advan¬ ced from a circle formed""round him, and seiz¬ ed my hand—it was. the-unfortunate enthusiast, Robert Emmett. Has manlier was most kind and affectionate, and he congratulated me, With every demonstration of sincerity, on niy 'escape from the slaughter of the preceding evening. He lamented the -fate of ^lalachy and Bryan, and seemed deeply affected at the discomfiture of his -scheme. I soon learn'ed that my friend, with some others, had escaped to these hills on Saturday night, in time to prevent a contemplated rising, of the insurgentsf and had met, this evening,, the leade.rs in the conspiracy, to consult on. *Thefc rebel outlaws, who took up'their abodes in the mountains - and fastnesses of Wexford- and Wicklow, af¬ ter 1798, ludicrously called themselves "The Babes of the Wood." LIFE OF EMMETT. 81 plans' of future operations. „ Most of them re¬ commended vigorous measures; and strenuous¬ ly advised "ait immediate attack ori Wicklow, Arklow,.&,c. stating that all the kingdom was ripe for revolt. The time had- passed for Em- "mett to'credit such sweeping assertions, and though he did hof contradict his friends, he ^unhesitatingly condemned the having any fur¬ ther recourse to hostilities.* "For,," said he, " defeated in our first grand attempt, all fur¬ ther 'endeavors must,be futile: Our enemies are armed; our friends are dispirited; and.our only hope is.'noiv in* patience-. "The justice of bur cause must one day triumph, and let us nbt indiscreetly protract the period by any pre¬ mature endeavors to accelerate it. INo doubt I could, in" forty-eight* hours, wrap* the whole kingdom in "the-flames of rebellion; but as I have no ambition beyond the good of my coun¬ try, best study her iiiterest,'and the interest of freedom, by declining to elevate my name' up- on: the -ruin of thousands, and afford our tyrants an apology, to"draw another chain aroufid un¬ happy Ireland. • In revolts, the first blow de-» cides the contest-—we have aimed one, and misr sing * the mark, let us retire unobserved, and leave the enemy ignorant of the hand that 'was 88 LIFE OF EMMETT. **" ' » raised for their destruction. - Impenetrably set creoy .surrounds all our measu'res ; the loss- we have sustained is inconsiderable ; and, unac¬ quainted with their own danger, and the ex¬ tent of-our resources, the tyrants of Ireland will relapse into false - security, and afford Us, per¬ haps, sooner than we imagine, another oppor¬ tunity to a.ttack the/hydra of oppression. Let me, therefore, my friends,, advise you to act with'that prudence which becomes men en¬ gaged in the grandest of all causes, the libera¬ tion of theirbountry. Be cautious, be silent? and do not afford our enemies any ground for either tyranny or suspicion j but, above all, never forget that you are- United Irishmen, sworn- to promote the liberty of your country by all the-means'in your power.." " . A fil have now relieved my bosom fromalpad of apprehension, and in preventing the revolt of last night froffi" assuming the form of rebellion, I am. conscious of having saved the lives of thousands .of -my fellow-countrymen, Wljen the' libeller of my name and intentions shall charge the' blood of yesterday to my-jnemory, I hope there will not be wanting some one to recollect, that if a little has been shed through my means-, I have saved the effusion of one EIFE OF EMMETT, 89 hundred times as much, on, which I might have floated to a disreputable notoriety. "Over my futute destiny F*a,te has 'thrown a veil which mortal eyes cannot penetrate. Should I succeed in evading" the pursuit of-my enemies', you may expect to see me once more a^med .in the cause of Ireland; but should-J.fall on the scalfoLd, let not the .coward or the knave intimidate-you fromUgain and again appealing to Heaven in behalf of your rights and liberties -by.appealing to my recent failure,. Oh! I be¬ seech you,* as friendsan&.fellow-patriots,'.to be* lieve me, and in the name.of our 'common coun¬ try I charge.you* transmit" it to your "Children, that, had I only one .thousand pounds more, and another -thousand men, I had overthrown the JTemple of despotism,. and given liberty to Irelan.d. My plan was an admirable, one, .but there, was failure in every part, arid froni these defects let future patriots learn to prevent simi¬ lar consequences: Our attempt will not be un¬ productive of good; our.go.vernment wilHearn from- it, that they .will never be secure while an Emmett is in -existence, and the. 'conspirator will see, that tens of thousands -niay knowjbis secret witlrput-even one . being -found capable of betraying- it. Gentlemen, you will "now 90 LIFE OF EMMETT.- loofc to your owfi safety, and as for me,.I-shall do the best 1 can to quit thje country, in the hope of again meeting you under more happy auspices." He spoke in a subdued and feeling tone, apd as he bade them all farewell,-he appeared deep¬ ly affected. After-some hesitation,'his. advice was acquiesced inland the assembly began to separate, two anci three at*a time* E.ramett was now .pressed- to. make his escape before government ".obtained information re¬ specting his place of concealment; Em oppor¬ tunity then offered of hjs doing §o, as several fishing Smacks lay off the -coast, the,, owners*of which were ingurgentsi .He repliqd. to-his friends who were pressing him -— " I shall follow your, advice .in a few days; but I cannot yet quit Ireland. Excuse my ob¬ stinacy, but there is* one to whom I must bid an eternal farewell, before the terrors of govern? ment" shall force me into exile. Why should I refuse to acknowledge the cause ? for I am not ashamed of a weakness that compete me to do an act of justice—to beg, and, 'if possible,-to obtain forgiveness from a .wofhan whom I have unintentionally injured-—whom I have loved so \velly that I must once" more see her, hear her, LIFE OP EMMETT. 91 and converse with -her, though- ten thousand deaths awaited' on the interview.. You now see, ray frendsrthe cause "of my not complying with your advice, and though you should con- dQimj. my notions as extravagant, I cannot con-, sent to forego my resolution., 7 The lady to, yffiom poor Emmett was so en¬ thusiastically (.attached, - was the youngest daughter of. thp'-celebratfed. Curran; and, if re¬ port may be credited, she 'was every way worthy of a heart so fond, so gentle and so no¬ ble, as that of Robert Emmett..* .There is410 doubt-but Emmett could have -escaped thewigilance of the officers of the law, but for his1 determination to-have an interview with; his lpved. "He could not leave his native isle without bidding a last adieu to her he so dearly loved. *In his attempt to do this, he took refuge in a house that belonged to his father in an adjoining Village to. Mr! Curran's residence. Here hp wrote several letters to Miss C , and while -anxiously awaiting an answer, the house he was in, Was suddenly surrounded by police officers, .headed'by the celebrated Major ■SiRR', whor TUshing into the apartmbnt, seized him as-he was sitting down td dinner. 'Mr. Curran^ in the bases 6f Hevey vs. Sirr, 92 LIFE'OF EMMETT. thus characterizes this nptorious individual:— It was at this aad crisis (1798) that Major Sirr, from gn* obscure individual, starte.d into .notice an,d consequence. It is in the.hot-bed- of pub¬ lic calamity that such inauspicious products -are accelerated without being matured. * From be¬ ing a town-major, a • name- scarcely legible in the-list of public incumbrances, he became all at once invested .with all tHe real powers of the most absolute authority4. With this gentleman's extraordinary eleva¬ tion began the story of the sufferings and ruin of Hevey. A. man was prosecuted, by the .state ; Hevey, y ho 'was accidentally present at the trjal, knowing the witness for'the prosecu¬ tion to be a person of infamous character, men¬ tioned' the circumstance in court. He was sworn, and on his evidence -the prisoner was acquitted. In a day or two after, "Major Sirr met Hevey in the street,_ asked.how he dared to interfere in "his business? and swore, by G—d, he would teach- him how to .me.cfdle with 'his people/ On the following evening poor Hevey was dogged in-the dark into some lonely alley—there he was seized,, he *knew not by whom, nor. what authority—his crime he soon learned: it was treason he had committed LIFE <3F:EMMETT: 93 against the majesty ©f Major Sirr, He was immediately conducted to- a• place of imprisons ment in the castle yard, called- the provost. Of this mansion of*misery,'Major Sandys was the keeper. Hefe Hevey lay about seven weeks, he Was at last discovered among the sweepings of the prison. < Hevey,' said the Major, ' I have seen you ride a smart bit of a > mare—you can't use her here-^-you had better give me an order for her.' Hevey, induced by hopes and by fear,'gav5 the order. 'Tlie major accepted "the order,'saying, *ybur.courtesy will not cost you much—you are to be sent down td-morrow to Kilkenny to be tried for your life—you will most certainly be hanged* and'you can scarcely think that your journey to the other world will be performed, on horseback. Hevey was ac-* cordingly transmitted to Kilkenny^ tried by a court martial, and convicted upon the evidence of a person under sentence of death, who had been allured by a proclamation,' offering a "re¬ ward to any man who would come forward and give any evidence against the traitor Hevey. Lord Cornwallis read the* transmiss of Hevey's condemnation—his heart recoiled ""from the de¬ tail of stupidity and barbarity. He dashed his pen across the otiious record, and ordered that U LIFE OF LM^ETT.- Hevey should be forthwith liberated. On -hi*? return to Oublin, Hevey met' Major Sandys, and demanded his mare: Ungrateful- villain.,1 says the, Major, 1 is this the gratitude you show to his Majesty and to me, for our clemency to you—you shan't-getipossession of the beast.* Hevey brought an^ action for the mare f the* major, not choosing to come, into court and suggest the probable success, of a thousand act. tons, restored the property. Three years" had elapsed since the deliver¬ ance of Hevey—the public -atmosphere had cleared—'the private destiny of Hevey seemed to have brightened, but the malice of Jiis ene¬ mies had not been appeased. On tjie 8th of September, 1801, Mr- Hevey was sitting in a public coffee house—.Major Sirf was there— Mr. Hevey was informed that Major Sirr had at that moment said, that he (Hevey) ought to, have been hanged. ' Mr. Hevey - was fired at the charge,; #he fixed his eye on. Sir^ and ask¬ ed if he had dared to say So ? Sirr declared that he had, and • had said truly. • Hevey an- sw ered,1 that he was: a slanderous scoundrel. At the instant Sirr ruShed Upon him, and as¬ sisted by three or four £)f his satellites, who had attended hirc\ in disguise, secured him', and LIFE OF ,EMMETT. 95 sent him to the castle guard, desiring that a receipt might "be given for the villain. Ho was sent thither. The. officer 'of the guard chanced to be an Englishman,, but lately ar¬ rived in Ireland—he said to the bailiffs',if this1 was in England,. I should think this gentleman entitled to bail, but I don't know thd laws of this country—ho\veVfer, I thjnk .you had better* loosen those 'irons on-his wrists, or they may, kill him.' » - * Major Siik; the defendant, soorr arrived, went into his office, and returned with an order which hp had written, and by virtue of which Mr. Hevey -vyas conveyed, to bus-old' friend and gaoler, Major Sandys. Here he was-flung into a room of about* thirteen feet by twelve—it- was called the ^hospital of/the provost—it was occupied by six beds, in which- were to lie fourteen or fifteen miserable \Vretches, so'me of them shikihg under contagious disorders. Here he-passed the first night .without bed or food. The next morning. his humane- keeperr the Major, appeared. - Mr. Hevey demanded "why he was, so imprisoned, complained; of hunger and asked for the gaol allowance. Major Shndys replied with* a torrent of abuse, which he concluded by saying—your erime is your 96 LIFE OF EMMETT. indolence to Major Sirr; however, tie disdains to trample on you—you may appease him by proper and contrite submission ; but unless you do, you. shall rot where you are. I tell you this, that if government will not protect us, by G—"dy we wilFnot them. You will probably (for I know yolir -insolent and ungrateful hardi¬ ness) attempt to get out by an habeas corpus, but in that you will find yourself mistaken as much as a rascal deserves.' «Hevey Was inso¬ lent enough to issue an habeas corpus, and a return was- made on.it, 1 that Hevey was in custody under a warrant from General Graig, on a charge of high treason.' That the return was a gross falsehood, fabricated- by Sirr, I am instructed to assert. The judge, before whom this return, was brought, felt that he had no authority to liberate the unhappy prisoner - and thus, by a most inhuman and malicious lie, my client was again remanded to the horrid mansion of pestilence and famine. Upon this, Mr. HeVey, 'finding that nothing else remained^ signed a-submission* dictated by Sandys, was enlarged from confinement, and brought the present action. The jury awarded Mr. Hevey 1501. -dama¬ ges. PART Y> The conduct of ifr. Emmett after his- £tKTst,—His letter to John Phil»)ot Cnmui—His associates—Trial and Convic¬ tion—His celebrated sneech in defence of his character. A m 0 * . /»^tFTEB. his arrest,* .the iiftfortunatevEmmett .betrayed no. tokens ©f iear o"r perturbation, but evinced the- same caTm and dignified .aspect tvhich fevep distinguished this extraordinary young man. A few days after, he wrote the following let¬ ter to Mr. -Curran x detailing the origin and pro- .gtess of his attachment for the daughter of that gentleman f I did not expect y©.u to belny counsel. I nominated van, because not to- have done 'so * *. » » .might have appeared remarkable. Had Mr.-7-r— been in town, I did trot even wish to have seen you; Jm^as he was ndt, I wrote to you to como to me at once. J know that I have done you a very severe injury, much greater thaii I can atone for with my life ; that atonement I did offer to make before the privy council, by plead¬ ing guilty, if these documents were suppressed. I offered, if I were permitted to consult solne persons, and if they would consent to as. ao- 5 LIFE OF EMMETT. •" * commodation for saying the lives of others, that I would only require for my part of it, the suppression of those documents, and that I would abide t^ie event of my own trial. This also was rejected., and nothing hut individual, information, "(with the exception of names',) would he taken. My intent ion* was., not to leave jthe suppression of "those documents to possibility, but to render it unnecessary for any one to plead for me, by pleading guilty to the charge myself. " The circumstances that I am now going to mention, I do not^ state in my own justification. When I first addressed your daughter,* I -ex¬ pected that in another week my own fate would be d'ecided. f knew that in^ cdse of -success, many others might look on me .differently «from what they did at that moment; but I .speak with sincerity, when I say, that I never was anxious for situation or distinction myself, and I do not wish to be united to one-who was. I spoke to your daughter, neither expecting, nor, in faet, under such circumstances, wishing, that there'should be a return of attachment; but wishing to judge of her dispositions, to know how far they might not be unfavorable or disengaged, and to know what foundation I LIFE OF.EMMETH eg might afterwards have to count on. I received no encouragement whatever. She told m,e she had no attachment for any"person, n*or did she seem likely to have any that'could" make her wish to quit ypu." i staid away* till the time had elapsed when I found that the event to which f allude, was to ^be. postponed indefinite¬ ly. -I returned by"a kind of infatuation, think¬ ing that to myself -only was I giving pleasure or pain. I perceived no-progress of attachment "on her part, nor any thing krher conduct to dis¬ tinguish me from a common acquaintance. Af¬ terwards I had reason to^supprose that discov¬ eries were made, and that'I should^ be obliged to quit tHe-kingdom immediately: and 1 came to- make, a renunciation- of any approach to friendship that might have been formed. On that vnry day she spoke to me to "discontinue my visits ; I- told her it was my intention, and I mentioned the reason*. - I "then, for the first time, found i was unfortunate, by the manner in whioh she was affected, that there was a re¬ turn of affection; and that it was too lat-e to rp- treat. My Own apprehension^, also, I after¬ wards found, were without cause, and I remain¬ ed. * There has been much culpability on my part in all this, but there has also been a great %IjTi'E OF E3SMETT. derfi" of that misfortune wIuch.Seems uniform- ly to accdmpiHiy mo* Tlyrt I have written to your daughter sincerap unfortunate'^ e-v.cn t has taken place* was 9.11 additional broach *of prg- priety, forwjtich I have suffered well; but. I" will candidly confess., that I list only do^not ^1 it to have been of the fame 'extent, but .that I consider it to^ havO -been ^unavoidable-, after what had passed: for-though I will not attempt t» justify, In the smallest, decree, fny" former conduct,-yet when/ar^ attachment was - onto formed bet wee n n d a sincpfer^oije nevdV did exisW-I feel that, peculiarly circumstanced as I then was., to-have left her uncertain of my .situation vmul'd neither hav;e wearied her af¬ fection's, nor lessened her 'anxiety,; and. lpek- ing upon her as one whom, if I had .lived, I hoped to have had my-pw tner for life^ »f hid hold the ^renioviiTg" hef anxiety, a bo ye every other consideration, I%woh!d rather have iiad <0 » ^ 4 the affections of. your daughter ijn the back settlements of America; than the first situation ^his country could affofd .without, them. I know nptnyhelber this WQuJd h.e any extenua¬ tion. o£ my offencef-I kpow .not whethex it will be any extenuation of ft to knovr, that if I had yhat situation in my power .at this mo- LIFE'OF EMMETT-. 37 ment. I would relinquish it to devote my life tfo her happiness—J-k*uow not- whether'success Would have blotted oftt the.reeolleotion'of what I have dene—bat I hnfotf "that a man^ with the coldness of death in hin\, »epd no't be made to ffeel any other coldness-, had* that lie "may be spased any addiCifm to the misery he'feels, not for himself, -but fort hose Tq wlmnrhe has left « * t nothing but sorrdw." * . -' *frhe original, from which the above letter has Keen "copied, was not signed or dated. Uyon"tlie» arrest of Mr; EmriTett; some pa¬ pers were found about his person, wfdeh'show¬ ed "that s!ibsecyie>ft to the iusur?ectiop^ he had corresponded with" onejof Mr. Cur rah's family : a warrant accordantly followed-, as 'a matter of • * % * m ^ * - * course,'to examine Mr. Curran's house, .-where sbme 'of Mr. EmmetCs letters- were found,* which, together with file documeptsdahen up-, cfr'hihperspn, placed bdyoncUdduftt, his con¬ nection,'with the latp couSpirq^y, and were af¬ terwards used in evidence upon Jus trial. At the instance .of - the Aitxypey General, Mr* O'GaADy. 'Mr> CVnaax accompanied him P * * to the privy council. - Upon his first Entrance, there \fd!a some indicatioii of .the hostile spfrit * . * » which he had originally apprehended. A no- 9$ LIFE OF EMMETT. ble lord, who at that time held the highest ju¬ dicial situation in Ireland, undertook to exam¬ ine him upon the transactionAvhich occasioned his presence. To do- this wp.s undoubtedly his duty. He fixed.his eye Upon. Mr. Curran, and vtas proceeding to-cross-examine his coun¬ tenance, when (as it is well remembered -fay spectators of the scene )"the-swell of indigna-. tion, and the'gleam of stern dignity add oor- tempt which he encountered there, gave ins own nerves the shock which he had meditated for another's, and compelled him to* shrink back in his chair, silent and disconcerted %at the failure of his rash experiment. With this single exception,.Mr* Cur-ran was treated with the utmost delicacy. A special commission wAs -openfed t<3 try Emrae-tt and nineteen other prisoners in Dub¬ lin, on the 31st of August, 1803. Of these nineteen, one was acquitted, and. another re¬ prieved ; the next werq convicted and executed on the evidence of Various witnesses. We give a brief sketch of some of Emmett's associates, } 7 taken from, a little book before us : Amongst fhe unfortunate - men.- convicted were some of the principal associates of Em- mett in the insurrection; Mr.. Russel was the LIFE OF EMMETT. 9. son of an officer of reputation in his Majesty's service, and who, having retired, enjoyed-an honorable retreat in the situation of master, of the royal hospital for veterans at Kilmainham, near Dublin. He was placed early in the ar-~ my, and served jat Bunker's Hill, and the sub¬ sequent campaigns in North America. After the peace, he either retired on half pay, or his corps Vas reduced. He was. affectionate and tCtid&ohearted, and possessed every feeling and sentiment of the gentleman. After the arrest of-Smm^ft, Russel introduced himself clandes¬ tinely into Dublin, with a* vie who rescue* his friend, if possible, under-favor of some commo¬ tion-. About twQ days after his arrival, it be¬ came kno\tfii that some person was mysterious¬ ly secreted'in the. immediate vicinity of the castle. Information to this effect having been conveyed to Major Sirr, that offioer proceeded tcvthe examination of a house in Parliament street, v/hbre he was found, and to whom Mr. Russet, though well armed, surrendered with- 'out resistance. It was supposed that he was, in this act,* influenced by a religious scruple- He was immediately transmitted to Down Pat" rick, in the North of Ireland, .where he was shortly after brought .to trial, and upon 100 LIFE 6? EMilETT. clearest evidence of his- treason,- convicted. After his trial, he manifested all that wildness of religions enthusiasm,,which had fpr some timk formed 1 lie prominent feature of his char7 acter. On conviction, fife addressed the .Court at great length, and with remarkable firmness. He declared his adherence to the political opinions for which he was about to sitffer, .and touched in atefider.point, the gentlemen of the ' county of Down, by whom he was surrounded"' These gentlemen, although latterly become more anxious to secure their.property* tharf* to preserve tire circle of their liberties, had been, foremost m the outcry for parhamenfary re-, form and political independence. . Russel re¬ minded them of Ibis circumstance, arid declared that he was. doomed fo suffer, for endeavoring to put into execution ,the lessons imbibed amongst then*. * A man of different stamp was Dwycr. This man, at tlie'head of a gang of tloserfers and banditti, had remained in arms ftoiii-tnc period of the rebellion of 1708, obstinately rejecting repeatedly, proffered -mercy, *-and who* dexter¬ ously eluding all pursuit, had sustained' him-, sclfuinder the protect hn of the almost inacces¬ sible fastnesses .qf the Wieklow Mountains- LIEE &2? EMMETS. 101 His party did not ostensibly exceed t\venty < but'he was supposed to possess unbounded in¬ fluence over tjie peasants ,of the district, so that a large body, on any notablo undertaking, \vas within his means of command. ' Dwyer and his band of outlaws afterwards* submitted, on the stipulation that their lives should be spared. The trial."of.Mr. Emmett took place at the Sessions-HouserGreene street, on-Monday, the 19£h day of September, i.803, before Lord Nojbury,* Mr. Baron George', and Mrv Baron Daly^Mr. G'Gfady acting as Attorney-General. He was charged in the indictment with "com- passing the deposition arld'death of the King,- and conspiring to levy war tagainst th.e_ King. within the peMm." ' • ** Mr. Emmett having pleaded not guilty, was giVen. in charge, and the indictment was then opened^ by an address from-the Attorney-Gem erctl, in .substance ns /ol-lo\ys "t ♦ • * * The Irish ever a,ftvr hg,d i spite against this dignitary,, far the cruelty he displayed, throughout the trial of Mr. Em¬ mett. It is-aftid that iwtwas killed by* an.Irish lad 011 his own domain^'The bo^ accosted him one day, near his resi¬ dence. hamlecl hwn a letter, and while he was; reading it, shbt him through the heart. Thus peri-lied amanwhoee vindictive and tyrannical spirit overwhelmed every better feeling of his nature. 102 LiFE OF EWETT. ' *" Ar My £,ord, and Gei\tlcmai of the Tury : bit fe my duty to slateW concisely as I can, tbe nature of the charge .which has jbeen pre-" ferred against the prisoner at* firebar, and also tltS nature of the jevidn'UQ.e which will be pro¬ duced to substantiate thd charge. -It ,will re-4 quire en your part, tire most.'deliberate cons[d- erdtiCn ; ^because -ft *is not • onjy mq highest crime of which at all biaies subject ean be guilty,«but ft receives, if possible* additional aggravation when we consider the statp of f>u- rope, and the'lamentable*,consequences tvmch* revolution Jias aljfeady brought npfrn it. Pe.rhaps sA former periods some allowance might be made fo£Jhe 'heated imagmiatioii^of enthusiastsr; perhaps * an e^ka-vagant ?ove - of liberty, might for ja mmncutsufersede a*iation^l mqderstanding, and might be induced, for. Want of sufficient expeuieue'e'-or capacity, to leek to! that liberty in'reyolutiofp . put jt is nof The road to liberty. It throws the mas%of the -peo¬ ple hito agitation, only.fo brfag the", worst and, the most profligafe'tO the syr-iac®. 7It .Originates in ana#chy, proceeds'in bloodshed,fancf eupls in cruel and imrelenfihg despotism. Therefore,. Gentlemen, The crime of which, the prisoner stands charged, demands the most LJFE OF EMMETT. 108 ' serious and deep investigation, becahse "it is in ifs.natore fcrime o£ _t4ie blackest die, jtnd which, under'all existing ' "circumslances,* dfles not haunt of a njomeiftary explanation. * Gentleman, the prisoner stands indie fed un¬ der- a" vgry ancient statute—the 2-jth of hTd- ward the Ifl.-^nd the indictment is grounded .011 three clauses/ The "first relates tq compass¬ ing and imagimngjdie -death.of the., king—the second *a adheidng -to his enemies—and the •thircl in Qdinpassing'to.Ievy pvar against him. •The two latter, namely, that of adh'ering to the king's enemies,.and that of compassing to levy, war, ace so iiitelligi'ble'ili themselves that they do not peonke.any obversation upon. them. •But the fij^t,4a*clmit& of. some, technical'consid¬ eration's, and inay/require on my part' a- short explanation. ■ In the language of the law, compassing 'the "death of .the king,'does, not mean or .imply ne¬ cessarily,, any.immediate attack upon hi^ per- ■son.. -Bat any-conspiracy .wJilch lias for its ob¬ ject an*alteration"jof tiie^awp, constitution, and government of the country by,, force} "uniformly leads to anarchy and-general destruction.,. and finally tends to endangep the life of- tjie king. And, therefore, where that desigli is subslan- 104 LIFE OF.EMMETT. tiated, and manifested by overt acts, whenever the party entertaining the design, uses* any me^ftis to carry his traitorous intentions into execution, th§ crime of ccg»passing and imagin¬ ing the death of the'king is complete. Accordingly, gentlemen, this indictment par¬ ticularly. states overt acts, by which the prison¬ er disclosed the traitorous imagination of his heart—and, if it shall b"e necessary, those par¬ ticular oveit acts, and the applicability of" the evidence which will be .produced .to support them, will be, stated at large to you* by the court, and therefore, if will not bo necessary for me now" to trespass upon the publie time, by a minute examination of them. Gentlemen, having heard the charg'e „ against" the prisoner, yo.u will naturally .feel that your duty will require an investigation into two dis¬ tinct points : first, whether there has, or has" not existed a tfaitOrous conspiracy dnd rebel¬ lion for the purpose of -altering" the "law, the constitution", and the government ©f the conn-' try by force?—^And, secondly, whether the prisoner has in any, and in what degree, par¬ ticipated in-that conspiracy and rebellion ? Gentlemen, I do-not wish to'undertake to «peak in the. prophetic, buf when 1. consider LIFE OF EMMETT. 105 tber- vigilance and firmness of his Majesty's government, the spirit and discipline of his Majesty's troops, andv that "armed valor and loyalty which from ofte end of the "country to the other, has raised itself, for the purpose of crashing domestic* treason? and, if necessary, of meeting and Repelling a foreign foe, I do not think it unreasonable toandulge a sanguinary hopegthata cohtimiance of the same condu-ct upon the paft of government, and of the same exertit>ns-upon the part of the* people, -will long p'rescrve the nation- free, happy -and inde¬ pendent ^ Gcntletnjah, upon fgrmer occasions-, pessons were brought' to th'e bar of this court, implica¬ te dan the rebellion,"in various, though inferior decrees. 'But if f am rightly instructed; we have now brought to the bar ©f justice, not a person who has been seduced by others,, hut a •gentleman to whom the rebellion mayJae^traced as t^je origin, the life, paid-soul of it. If X mis¬ take not, it will appear that' sohie time before Christmas last, the prisoner,, w$o had Visited foreign, countries, and who for several • months before I*ad made a continental four, embracing Prance, returned to this country, full - of those mischievous designs which have been so fully I OS LIFE OF ElfrMFTT. exposed. ♦lle-Ccime from tjhat country, in which he might well have learned the necessary cff^ct^ of revolution pand, therefore,, .if he be, r guilty of jtreasoiirhe' embalmed ilj k with his eyes open, and with a previouy hnovdedge 'of all its inevj-^ table 'consequences*. . Cut, notwithstanding, I. am. instructed that he pecsevere&^in fopienting a rebellion,.which I will fcetboW tcj sgjj i*s Un¬ exampled in any Country, ancienkQr modern.^ A rebellion jvhi^hedoes pot' complain 'of* any existing grievances, which does^iot. flow from any immediate'jappression. chid which is not pre- tended to have been* provoked by ouxpaiild and grqcions-king, or b}* the qilministfaiion employ¬ ed by limi.^to execute bis authority. No, gen¬ tlemen, itjis a rebel! ipn wjiich avo.ws itself to come, not to rempvelpty-bvil which the people feel, hut to_ recall^ yhe m/moxy of grievances* which, if they ever existed, .must haye long sinefc passed ja way. - Yovi will recollect, gentlemen, that in the large .proclamation ill ere yrttsja studied endear vox to persuade 4 large portion*of the people that they hadpio religious feuds -to. apprcjiepd- frdtn the establishment of a petv government But.the manifesto upon which I am.now about animadverting feus'taken a somewhat different LIFE OF E&MEJT. l(fr • * .• course, cfiid'Jsas revived religio\is„distinct iphs at the very moment in which it .jejpresses a desire td extinguish. them. - * il Ofkhgcrrfehj add jiot -to the- catalogue of. your lollies and crimes ? already have you "been -Tluped fro theiiiin of the country4, in the legist d- «**-. - « * '* .* - » live mupn with its tyrant; attempt pot an op¬ position ; fetuwi from the. baths of delusion ; return, to the arms of 'your * countrymeh^ who will receive and hail yom> repentance. .Coun¬ trymen o*f all he§crij:tioUs, fet us act with union ayd Qyonecxtf; alj. seels, Catholic,^ Protestant, Presbyterian, are equal and indiscriminately embraced }n the bqnevofeiucS of. our. object." \wilt not.apply to.thispassage.aH .the observa¬ tions that press upon my mind, .because I am •# # „ » * • » * •sincerely .desirous that-one -feeling and one spirit should animate ns all.- I can not but da- 1 v» • . ment that there should be so many sectaries in religicpu butjfust m-God.ldjere .\till be foil yd aihonast us' hyt one political faith. Hut this manifesto is equally unfortunate in every in-, staoce'in whi£h it prescribes moderation, At¬ tend to the &dy ice by wjycb i4* pistigates the citizeng%of Rutrlin: " In a*city each, street he- corp'es ti defile * and each house a battery ; impede the march of your oppressors, charge 103 LIFE OF EMMETfj them.with" the arms«of the brave, the pike, and from the windows and roofs hurl st'ones, bricks, buttles, and all other convenient implements, on the heads-of the satellites of your tyrant, the mercenary" the sanguinary soldiery of Engj land." Having thus roused them-, it throws in a few words,of composure, "repress,' preveht, "and discourage excesses, pillage, and intoxication j1' and to ensure that calmness of mind vfhicll is- so necessary to qualify them for the adoption of this salutary advice, ft desires that they will " remember against wht>m they "fight, their oppressors for 600 years; remember*theif mas¬ sacres, their tortures 5 remember youf' murder¬ ed friends, your burned, houses, your violated females." Thtis affecting to recommend mod-* eration, -every expedient is resorted to^ which couid.tend *to inflame sanguinary men to the commission of sangdyiary tleeds^ Gentlemen., yhu Thust by. this time be Some¬ what anxious to know the progress of the gene¬ ral, who escaped the memorable action which was to be fought, and the first place in which I am enable'd to introduce him to"ybu, is at' the hohse of Cue Doyle, who resides ne&r master-sergeant of the 38th regiment, proved the conveyance of the desk: (then in court) to the, barracks; and the latter identified a letter .which, he found there¬ in. The letter was signed, Thomas ^Addis Emmeth," and directed to " Mrs, Emraett, Mil- town, Dublin," and began with, My Rarest Robert." It bore a foreign ppst-mark, Edward. Wilson, Esq. recollected the explo¬ sion of gunpowder which took place in Patrick street, previous. to the 23d of July: it took place on the lfith. He went there and found an apparatus for malgpg gunpowders-was cer¬ tain that it was gunpowder exploded. Proved the existence of a rebellious insurrection, as did also Lieut, fifi-ady. The latter added, that on examination of the pikes which he found in LIFE OF EMMETT. 121 Thomas-street, four were- stained with blood" on the iron part, and! on one or two of them, the blood extended half way up the handle. • John Doyle; a farmer, being sworn, deposed* to the folio wing effect:—That on "the morning of the -26th of July "last, about fwo o'clock, a. party of people came .to his house at Ba]Ty- mace, in the parish of Tallaght, seven miles from Dublin.' He-had been after drinking, -and was heavy asleep; they" came to his bedside,' and stirred and called hirrf j birfhe did not awake at once ; when he "did, and looked up, he lay closer than before : they desired hinj to'4take some spirits, which he refused; they then moved him io the middle of the bed ancf.two of them "lay down, one on "each side of him. One of them said, " You- have a French Gen¬ eral arid a French' "Colonel beside you, what you never had before.^ For some hours the witness lay between asleep arid awake". "When' he found his companions asleep, he stq|e out of' the bed, and found in the room some blunder¬ busses, a gun, and some pistols.* ^he number of hlunderbus§es "he believed were equal to* the numbei* of persons, who t>n being collected at breakfast, amounted t-o fourteen.. Here he laa LIFE OF EMMETTv identified the prisoner as one of those who were in bed with him. The witness then further stated "that.the pri¬ soner, 09 going away in .the evening, put on a cent with a great deal of lace and tassels, (a$ he expressed it.) There was another persoif in a similar dress; they wore^ on.their depar¬ ture^ great coats.Wer these. The party J'Jit hi? house -between .eight andnine o'clock in the evening, and proceeded up the liilt._ The next morning, t|ie .witness founds .under the table oil whiclv they breakfasted, one of the small printed proclamations, which he gave to John Robinson, ihe barony constable. Rose Bagnal, residing at Ballynascorney, about a mile further -up the hilffrottf Doyle's, proved that a party of mem fifteen in number,' and whom she;describe&,similar to that of" the ' -v . f f preceding'^witnessj.came to her house on the night of the^Tuesday immediately after the in¬ surrection. Three of them wore green clothes^ ornamented with something yellow—she. was so frightened she could not distinguish ex¬ actly. One-k)f tl\em was called a general. She was not enabled to identify any of them. They left herjiouse about 9 o'clock on the following night. LIFE OF EMMETT. 12« John Robinson, constable of- the barony of. Upper Cross, corroborated the testimony of the witness Doyle, relative tq the .small proclama¬ tion, which he identified- Joseph Palmer -sworn. .Deposed that he was clerk to Mr, .Colville, and lodged at, his mother's hoiise} Harol that die did lodge there the preceding spring, at which time,' and when he was arrested,,he went by the nam® of Hewit. The prisoner name to Jo'dge them the second time about three.weeks before this last time* and _was habjted in a brown- eoat, white waiseoat, "white, pantaloons, llessian' boots, and a.black frock. Those who visited the prisoner, enquired for lijm, by the name of Hewit, At the time he Svas arrested there was. a. lable on the door of the house, expressive of its* inhabitants': It was- written .by the witness, but the name ©f the prisoner was. omitted^ at hia request, because he said he/was afraid gov¬ ernment would* fake him up. The prisoner,'in different conversations with- the wituessf.explained why he-feared to be ta¬ ken up. lie acknowledged that he had been in m- t?FB.q3S Thofhassgtreet, on the'Right of the &3d of July, and described the dress "he wbreo'n'th&t occasion, part of' which were- the waistcoat* parrtaloorrs, and boots already mentioned, and particularly his coat, which he said was a v&ty handsome.uniform. The prisoner had also a co'nvefsa'tion with the witness about a maga¬ zine, and expressed much fegret at the loss- of the powder in the depot. The proclamations were likewise- mentioned -by the prisoner, and he planned a mode of escape, in'the event of any"attempt to arrest - him, by going through the parlor window into the-back house, and from thence into the fields. Hec£ the witness * * - was shown a paper, found *lipon a chair in the room in > which the-prisoner lodged, and asked' if-he knew whose hand-writing it was ? He replied that he did not* know^but was certain that it had not been written by any ef his fam¬ ily, and. that there was no lodger in the house besides the prisoner. The examination of this Witness- being closed,extracts from the proclamation, (vide the Attorney General's statement) addressed to the Citizens of Dublin, were read. Major Henry- Charles Sirr, examined. De- LIFE OF EMM EFT, 12,: posed to the arrest of .the prisoner as fol¬ lows : " I went on the 25th of August, to the house of one Palmer. I had heard there was a stranger in the back parlor. I. rode, accompa¬ nied by a 'man,on footi I desired the man to knock at tlie door—he* did, and it was opened by a gitl." I alighted, ahd ran in directly to the back parl'or—I saw the'prisoner sitting at dinper; the woman of the hqpse'was there, dnd the girl, who opened the door was the .daughter of the woman of the house. I de¬ sired them to'wifhdrgw.. -I asked the prisoner hisname; he told me his name was Cunning¬ ham. I-gave, him in Charge to the man who accompanied me, apd went into.the next room to ask the woman and her daughter about him ; they told me his name was Hewit; I went back and as ked hirp, how fqng he had been there ? He said he came that morning. He liad attempted to escape before • I returned, for hp was, bloody and the man said he knocked him down with a pistol. I then went to Mrs. Palmer*,-who said he had lodged there for a month,; I then judged he was some person, of importance. When I first went in, there was lefl LIFE OF EMMETT. a paper on the chair.* which X put- into my pocket; I then went to the canal bridge for a guard, having desired*them to be in readiness as I passed; I planted a sentry over him, and desired the non-commissioned officer to sur¬ round the house with sentries, while I search¬ ed it; 1 then examined Mrs. Palmer^ and took down hey account of the prisoner, during which * That paper was as follows: * '"It may appear strange, that a person avowing himself to be_an-enemy of the present Government, and engaged, in a conspiracy for its overthrow,, should presume to suggest an opinion to that Government on any part of its conduct, or could hope that advicecoming from.such authority, might be received with attention. The writer of this, however, does 'not mean to offer an opinion on an/- point, on which he must of necessity, feel differently from any of those whom he addresses, and on which, therefore, his conduct might be doubted. His intention is to confine himself en¬ tirely to those points on which, however widely he may differ from them-in others, he has" no hesitation in declaring, that, as a man, he feels the same interest with the merciful part, and as gn Irishman, with at leasf"the English part of the present administration ; and at "the sarin? time to com¬ municate -to them in the most precise terms, that line of conduct which he may hereafter be compelled to adopt, and which hpwe.ver painful it roust, under, any ciroum- stances be,' would become doubly so if he was not conscious of having tri&l to avoid it by the most distinct notification. On the two first of these points, it is not the intention of the undersigned for the reason he has already mentioned to do more than state, what government itself must ac'know- edge—that of the present conspiracy it ^kubws (compara¬ tively speaking) nothing. That instead >of creating terror in its enemies, or confidence in its friends, it will only serve by the scantiness of its information, to furnish additional grounds of invective to those who are but too ready to censure it for a want of intelligence, which no sagacity LIFE OF SlMMETT. m time-1 heard & neise as if an escape was at¬ tempted : I instantly ran to the back part of the house, as the most likely part for him to g£t otit at* I saw him going .off, and ordered a sentinel not to fire, and then pursued myself; regardless of fny order, the sentinel snapped, » " ■ ' - - ■ could have.enabled thefia to.obtain. That if it "was not able to terrify by a display of its discoveries, it cannot hope to crush by the weight of its punishments. Is it- only now we are to learn, that entering into conspiracy -exposes us to be hanged ? Are the scattered instances which will now be brought forward necessary to exemplify the stat¬ ute ? If the numerous and striking examples which have already preceded, were instifficient—if government can neither by novelty- of punishment, nor the .multitude of its victims, impress us with terror, can it hope to injure the -body of a conspiracy so impenetrably woven as'the present, by cutting off a few threads from the-end of it. " That with respect to the second point, no system how- fiver it may change the nature, can affect the -period of the contest that is to take place; as to which the exertions of United Irishmen will be guided only by thfcir own opinion of the eligibility of the moment for effecting the enjancipa- tion of their country. " Th at administration The following paper was found in, the depot, in Emmett's hand-writing: " I.have little time to Ipok at the thousand difficulties which still-lie betweeii'me and the completion of my wishes, that those difficulties will likewise disappear I-have ardent, and I trust, rational hopes ; but if it is not to be the' case, I thank God for having gifted me wijh a sanguine disposi¬ tion. To that disposition I run from reflection, and _ if my hopes are without foundation—if a precipice is opening un¬ der my feet, from which duty willnot suffer me to run back, I am grateful for that sanguine disposition, which leads m© to the brink and throws me down, while my eyes are still raised to vision* of happiness, that my fancy formed in $ha air," W UF2 OF E3C&ETT, but his inusket did not go oft I overtook the prisoner and he said, u I surrender." I searched him, and found some papers uppr\ him- " ",On the witness expressing cojncern af the necessity of the prisoner's being treated so roughly,-he (the prisoner) observed, tha,t " Aj| was fair in war." The prisoner, when brought to the castle, acknowledged that his name was Ernmett." Hercthe case closed on the p^rrt of the Crown, and Mr. Emmett having,'as before stated, de¬ clined to produce any witnesses, or .defence by counsel, an argument arose between Mr. Me* Nall.¥ and Mr. Piajnkett, as to the latter's right to reply to evidence, when no defence had beeh made.- Lord Nqrbury said," that the counsel for the prisoner could not by -their silence pre¬ clude the crown from that right, and therefore decided in favor of Mr. Plunkett. Mr. Pluhkett then addressed thte Court to a » v considerable length, and in the Severest tone of legal and political asperity, detailed the con¬ sequences that would affect all po'cial order, were such opinions as Emmett entertained al¬ lowed, to hav'e^any countenance from the mild¬ ness of the laws, or the mistaken lenity, which is often exercised by the authority vested in the s&cred person erf his majesty. LIFE.-OF EMMETT. 129 How different this language from that used ^by this same Mr. Plunkett in the Union debate years before. He then usgd such, language as the following, which,Mr. Emmett often read with a kindling eye, throbbing heart and burn? ing.cheek, and-to which he evidently alluded jn his memorable defences* " Sir^'i said Mr. PJxmkett orr.the Union de¬ bate, " I thank, tire administration for this measure. They -are, without intending it, putting §111 en,d to our dissensions. ' Through .the- black cloud which they have collected oyer: us, I see the fight breaking .in upon this unfortunate country. They have composed •©ur dissensions,* riot by fomenting the embers ©f'a lingering and subdued rebellion—not by hallooing Protestant against Catholic,f and Catholic against Protestant—not'by "commit¬ ting the North against" the South—not by in¬ consistent appeals to local or party prejudices— •no 1—but" by the avowal of this atrocious con¬ spiracy against the liberties of Ireland, they have subdued^every petty and substantive dis¬ tinction ; they united every rg.uk and descrip¬ tion of men by the pressure of this grand and momentous subject^; and I tell them that they will see every honorable and independent man 130 LIFIv OF EMMETT. in Ireland rally around the Constitution, and merge every other consideration in opposition to this ungenerous and odious measure. For my part I will resist it to the last gasp of my existence, and with the last drop op my blood; and when I feel the hour of <0y dissolution ap¬ proaching, I will, like the father of Hannibal, tajce my children- to the altar, and swear them to eternal hostility against the invaders of their country's freedom. Sir, I shall not de¬ tain you by pursuing -this question through the topics which it so abundantly offers. I- should be proud to-think rpy name should be hand¬ ed down to posterity irfthe Same roll of those disinterested patriots who have successfully resisted tJieenemieS' of their country—succesSH fully, I trust,it will be. In-all eveuts, I have my exceeding great reward-. - I shall bear in my heart the consciousness of having done my duty j and in the hour of death I shall not be haunted by the reflection of having basely sold- or meanly abandoned the liberties of my coun¬ try—my native land. Can any man .who gave his vote on the other side lay his hand upon his heart and make the same declaration ? I hope so: it will be-well for his own peace. The indignation and abhorence of his Countrymen LIFE OF EMMETT. 131 will not accompany him through, and the curses of his children will not follow him to his grave. I, in the most express terms, deny the competency of Parliament to do this act. I 'warn you, do not "lay your hands on the Constitution. . I tell you that if, circumstanced, as you. are', you' pass this act, it will be a nullity, and that no man.in Ireland will be bound to obey it." Hpw poorly did Mr, Plunkettcajry out these brave declarations. We shall see. Here at the frial of Robert Emmett, we find, him making anunnecessary speech agaihst a noble hearted Countryman, who had followed, in the path he had pointed out. Yes, this great man, who was to.imitate Amilcar of old, is inafdw years bought over by British gold—and. is found re¬ posing calmly beneath the foliage of old. Con- naught—ex-chancellor, ex-chief justice,".peer of England,, We need say nothing Qf his only two son's that: ever touched " the altar," one of J 1 * them a bishop; and least of all to the remaind¬ er of the family, abjuring in the sunshine of the Saxon Sway^ all oaths save those of office and allegiance to the Crown of Great Britain. But to rbturn tQ the trial. Lord Norbury charged the jury, minutely recapitulating the LIFE OF'EMMETTL whole evidence, and explained the law. He evidently showed st disposition to' give Mr. Emmett no quarter. Well and truly does Mt;. E. show him up in his speech, which we shall give in its'place. The jury, without 'leaving their box, pro¬ nounced the prisoner—"Guilty.'* " The last sad and interesting scene in Court has been variously reported, but always receiv¬ ed with interest. We subjo'in the(following report of it, from Dr. Madden's "United Irish¬ men "" The'Clerk of th,e Cro^n'then, in the usual form, addressed the prisoner .hi these words: 1 What have you to say why judgment of death and execution Should net "be. awarded against you. according to law V " Mr. Emmett, standing forward to the dqck, in front of the bench} said :— My Lords :—1 am -asked, what have I to, say why sentence of death should hot be pro¬ nounced on me, according to law ? I have nothing to say that can alter your predetermi¬ nation, nor that it will become me to Say, with, any view to the mitigation of that sentence which you are to pronounce, and I must abide by. But I have that to say which interests me OF JfflMETT, U3 more than life, and which you have labored (as Was necessarily your office in 4he present cir¬ cumstances of this oppressed country) to de¬ stroy—I have much to say,, why Iny reputation should bo rescued from the load of false, accu¬ sation and calumny which* has-been heaped upon it-. I do not imaging-that, .seated where you are, your minds can, be so free from impu,-* rit^, as to receive the* least impression^from what I am «goirfg to* uiter. I have no hopes that I can anchor-my character in the breasts ©f a Court constituted and trammelled aS. this is. I" only wish, ahd. it is the utmost-1 'expect, that your Lordships may suffer it to float flown yo.ur memories untainted by the foul breath of pre¬ judice, until it finds some more hospitable har« bor to shelteivit frqm thp storm by which it is at present buffeted. Were I only to suffer death, after being ad¬ judged'guilty by your tribunal, I should bow in 'silence, and- meet the fate, that awaits me without' a pikrmur; but. the. sentence of the law which'delivers my body to the execution¬ er, will, through the ministry, of that law, la¬ bor in itg own vindication, to consign, my character ,to obloquy for Jhefe must be guilt somewhere; whether in- the sentence of the IU LIFEJQF EMMETT. Court or in the catastrophe/ posterity must de¬ termine. A man in. my situation, my Lords; has not q-nly-t® encounter the -difficulties of fortune, ajid'the force of power, ever-mind$ which it has corrupted or subjugated, but the difficulties of established, prejudice ; the man dies, but his memory fives; that mine' may- not perish—that if 'may five in the respect of my-countrymen—I seize upon? this opportune, ty, to vindicate myself.from some, of the charges alleged against me. When jny spirit shall be wafted to a more friendly-port—-when my shade shall have .joined the bands of those martyred heroes who have -shed their blood -on the scaffold and in the field, in defence of their country and of virtue, this is my hepe—I wish that my memory and name may animate* those who survive me, while I look down with com? placency on the destruction - of that perfidious government, which lipholds its dominion by blasphemy of-the-Most High; which displays its "power over man as over the beasts, of the forest; which sets man upon his|brother, and lifts his hand in the'name'of God, against the throat of his fellow, who believes or doubts a little more than the Government standard—-a Government steeled to barbarity by the' cries of LIFE OF EMMETT, 135 the orphans and the tears of the widows which it has made". [Herv Lord Norbury interrupted Mr. Em- sheti—saying, that the rnean *and wicked en¬ thusiasts who feltjis.he did, were- not equal to the accomplishment of their wild design.] I appeal to the immaculate God—I swear by the throne ff 'Heaven, before which "I must -shortly appear—by the blood df-the murdered patriots* who have gone before md, that*.pay- conduct has -been, through all this peril and through all my purpose's, governed only by the convictions which I have uttered, hild by no other- view than that of their 'curer and the emancipation of my1 country from the superim human oppression.undef which'she'lias so long and too patiently trava'ildd'J and I ^confidently and assuredly, hope" that, Wild and chimerical* as it may appear,. there is still union and strength in Ireland to accomplish this noblest enterprise* OF this I speak with the confidence of inti- 1 • % - ++ 4 + mate knowledge, and"with the consolation that appertains to .that confidence. "'Think not, my Lords, I say this for the.petty gratification ©f giving you a transitory* .uneasiness ; a man who never yet raised his voice to • assert a lie,. 130 LIFE OF EMMET£. will not hazard his-character with posterity by asserting a falsehood on a subject so important to his country, and on an .occasion like this. .Yes, my Lords, a man who does not wish to have his epitaph written until his country is liberated, will not leave a weapon in the pow¬ er of envy, nor a pretence to impeach the pro* bity. which he means to preserve even in the grave to which tyranny consigns him. [Here he was again interrupted, by the Court.'] Again, ,1 say, that what I have spoken was not intended for your. Lordship whose situa¬ tion I commiserate rather than envy—my ex¬ pressions were, for my countrymen—if there Is a true Irishman present, let my Jast words cheer him in the hour of affliction. [Here he was again interrupted; Lortt Norbury §aid he.did not sit thete to hear trea¬ son.] ,1 have always understood it to'be the duty of a judge, when a prisoner has- been convict¬ ed, to pronounce" the sentence "of the law; I have also understood ^hat judges' sometimes think it their duty to hear with patience, and to speak with humanity ; .to exhort the.victim of the. laws, and to offer, with tender henig4- „ LIFE OF EMMETS 131 nity, his opinion of tjhe motives by which ho was actuated in the crime of which he was adjudged guilty. That a judge has thought it his duty so to have done, I have no doubt; but where is the boasted freedom of youf institu¬ tions—where is T&& vaunted impartiality,"cle¬ mency,'and, mildness of your courts of justice, ifan unfortunate prisoner, whom your policy, and not your justice, isubout to deliver into the hands of the executioner, is hot suffered to ex¬ plain his motives sinfeerely and truly, and to vindicate the principles by which he was-ac¬ tuated. My Lords, it may be a part of the system of angry jus;fice to bow a man's mind by humilia¬ tion to the proposed ignominy "of the'scaffold— but worse to me than the proposed shame ©r the scaffold's terrors, would "be the shame of §uch foui and "unfounded imputations as haVe been laid against me" in this "court." - You, my Lord, are a Jndge ; I am the-supposed culprit; I am a man; you'are a fnan also ; 'by a revolu¬ tion of power,- we might change places,"though we never could change characters. If I stand at the bar of this court and dare not vindicate my character, what a farce is your justice ! If 1 stand at this bar,'"and dare-not vindicate my I.a8 LIFE OF EMMETT. character,. fcow dare you calumniate it ? Does the sentence qf death, which your unhallowed policy inflicts, upon my body, also condemn my longueto silence, and my reputation "to' re¬ proach? Your , executioner may abridge the period of my existence, but'whilst Imxist I shall not forbear to .vindicate my character and my motives- from your aspersions; and as" *a man to whom.fame is dearer than life, I wilt . make the last use of that life in doing justice to that reputation which is to live after me, and which is the only legacy I can leave to those I honour and-lov&, and for whom I am proud to .perish. "As mehr my'Lords, we must-appear, on the great day .at one common tribunal and it will then remain for .the Searcher -of all. hearts to show a collective universe, who ^yas engaged in the most virtuous actions o£actuated by the purest motive—my country's oppressors,'on [ifere he was,again interrupted, and told to listen to the sentence oj the /azc.J ' "My Lords, will a dying man be denied the legal privilege of exculpating himself, in the eyes of the community, of an undeserved re¬ proach thrown- upon him during the trial, by charging him with ambition, and attem'pting to "UFH OF EMMETT. 139 sast away*, for a paltry consideration, the liber¬ ties" of his country ? - Why did your Lordships insult me ? or rather, why insult justice, jn -de¬ manding-of me why sentence of death, should not'be^pronounced against, me? I know,yny Lord*; that form prescribes that ypu should ask the "question—the form also implies the right of answering; This,-no doubt, .may be dis¬ pensed with, and so might the whole ceremony of the trial, .since sentence was already pro¬ nounced at the Gastle,-before y-our jury was empannelled." Your-Lordships* are but .the priests of the Oracle, and I submit—but I insist on the whole of the- forms. , [Here Mr. Emmett paused, and the Court desired him to proceed.] UI am charged with being >n emissary of France. . An emissary of France ! and for what end.? It is alleged* that I wished-to self-the in¬ dependence of my country ! .and for what end ? Was this the object of .my pmbition? and is this the mode by which a'tribunal of justice . reconciles contradictions^ No'!. I;am no emis¬ sary; and my ambition was-to hold a place among the deliverers of rnry country—not in power, nor in pro^t, but in the glory of the achievement. Sell my country's Independ- i4Q LIFE OF EMMETT: ence to France! and for what ? Was it for a. change of masters ? No, but for ambition 1 O, my1 country! was it personal ambition that could influence me? Had it*been the soul of my actions, could t not by my education and fortune—by the rank and consideration of my family, have placed myself among the proudest of my country's oppressors ? My country was my idol; to it Tsacrificed every selfish—'every endearing sentiment—and for it I'now offer tip my life. ' O, -God ! No ! my Lord; 1 acted as *an Irishman, determined on delivering my country from the yoke' of a foreign and unre¬ lenting tyranny, and the more' galling yoke of a domestic faction, which is its joint partner and perpetrator m-"the - patricide,"" for the igno¬ miny of existing with 'an exterior Of splendor and"a conscious depravity it was the "wish of my heart- to extricate my country frorn this ,doubly-rivetted despotism. J wished to place her independence beyond the reach of any power on earth—I wished ta exalt her to that proud statiph in the world. " Connection with Eranee* was, indeed, in¬ tended—but only as far as mutual interest would sanction fit require. Were they to as¬ sume any authority inconsistent -with the pu* LIFE OF EMMETT-. 141 rest independence, it'would, be the signal for their destructionwe, sought aid. and we sought it as we had assurance we should obtain it—as auxiliaries in war, and allies in peace. " Were the French to "come -as invaders -or enemies^ uninvitedfoy the wishes of the people, 1 -should oppose them ,to the utmost of my strength. Yes, -my countrymen, I would-meet tfyem on the beach, with a sword in one hand "and .a torclj in" the other; I would meet them With all the destructive fury -of war, and I would animate my countrymen to immolate them in their boats, before they had contami¬ nated the soil.of my conntty. 'If they.suc¬ ceeded in landing, and if forced to retire before superior discipline, I. would dispute every inch of ground, burn every blade of grass' before them,, and the .entrenchment of liberty should .be my grave. What 1 could hot da myself, if I should fall, I would leave as a last charge to my countrymen to accomplish, be¬ cause I should feel conscious that life, any more than death, is unprofitable when a foreign na¬ tion holds my country in .subjection. _ " But it was npt as an enemy that the suc¬ cours bf France were toJand. i loofied^ in¬ deed, for the assistance hf France; but I wish- 1 142 iwi:-67'E5iMErrT, ed to prove to France and to the world, that Irishmen deserved to be assisted \ that they Were; indignant at slavery, and ready to assert the independence and liberty of their country. " I wished to procure for my country" the guarantee which Washington procured for America. To procure an aid which, by its e^> ample, would be a£ important as it§ valour— disciplined, gallant, pregnant with science and experience; who woufd preserve the good, and polish the rough points of our character; they would come to us as strangers and leave us as friends, after sharing our perils and elevating our destiny. These were my objects—not td receive new taskmakers, but to expel old ty¬ rants ; these were my ^ views,- and these only became Irishmen.; It was for these ends I sought aid from France^ because France, even as an enemy, could not be more implacable than the enemy already in the bosom of my coun¬ try. [Here he was interrupted by iKe Court.] " I-have been charged with that importance in the efforts tp emancipate my country, as to be considered the keystone of the combination of Irishmen, or as your Lordship expressed- it't " the life and blood-of the conspiracy.", You LIFE OF EMMETT. 143 do me honour over much j -you hfrve- given to the subaltern all the credit of a -superior. There are men engaged in this conspiracy, who are notfonly superior to me, but- even to your own conceptions' of' yourself, my Lord, before the splendor of wliose genius and Virtues I should bow with respectful deference, and who would think themselves dishonoured to be call¬ ed yout friend, and who would" not disgrace themselves by shaking yoUr blood-'sfairied hand. [Here he 'turns again interrupted.] " What, my Lord! shall you tell me, on the passage to that scaffold, which that tyramiy (of which" you are only the intermediary execu¬ tioner) has erected for my murder, that I am accountable'for all the blood that has and will be shedr in this struggle of the oppressed against the oppressor—shall you telf'me this, and shall I be so vefy a slave as hot to« repel it ? 161 do notr fear to approach- the Omnipotent Judge, to answer'for the conduct of my whole life, and attr 11© be appalled and falsified by a mere remnant of mortality here !" "By you, too, who, if it were possible to collect all the inno¬ cent blood that you have caused to be shed, in your unhallowed ministry, into one - great re¬ servoir, your Lordship might swim in it. M4 . OS [Here'the Judge interfered.] u Let no • man dare,-, "when I am dead, to eharge me with dishonour; let no man attaint my memory, hv Relieving that tcculd ha ye en¬ gaged in any cause but of my country's Hberty and independence, or that I bedame the pliant minion of power, in the^oppression- of,the mise¬ ries of my countrymen. The proclamation of the Provisional Government speaks ,for ..our views ; no inference can be tortured fropi it to. countenance barbarity pr debasement at home, or -subjection,, humiliation, or. treachery from abroad; I would not havfe submitted to a for-,' eign oppressor for the same reason, that I would resist the present domestic oppressor. In the. dignity of freedom, I would'have flight on the. threshold of my country, and its enemy should' only enter by passing oyer jpy lifeless corpse.*, And am I, who lived byt for my .country, and who have subjected myself to- the dangers of the jealous and* watchful oppressor, and the bondage of the grave, only,-to give my coun¬ trymen their rights and my country her inde¬ pendence—am Ltcv be loaded with calumny, and not suffered to jegeilt t>r repel it i No, God forbid! [Here Lord Nor [airy told Mr.,Emmettlhat LIFE' OF EMMET?. 145 his sentiments and language disgraced his family and education, hut more particularly his father, Dr. Emmett, who- was a mccn, if alive, that"would not countenance such opin¬ ions.] «" If the spirits.of the illustrious dead partici¬ pate ia the concerns and Cares 6? those whaare dear to them in this transitory life—0 ever dear and venerated shade of nay departed Fa- •'ther, look down with scrutiny upon-the con¬ duct of your,'slithering son*; ar+d see if I have, even for a moment, deviated from those princi¬ ples of morality and patriotism which it was your care to instil into my youthful mind, and for which I. am now to offer up my life. u My Lords, yon are impatient for the sacri- iice—.the blood which you seek is not congeal¬ ed by the artiffekiL. terrors that surround your victim-; it circulates warm]y and unruffled through the channels which God created, for nobler purposes, but which ycti are bent to de¬ stroy, for purposes so grievous,, that they cry to Heaven.. Be ye patient! I have but a few words more'to say.. I am going to my cold and silent grave : my lamp of life is nearly ex¬ tinguished : my race is run : the graye opens to racejve me, and I sink into its bosom t I have 146 .IJFE OF EMMETT, but one request to ask -at my .departure from this, world p it is ,the charity of its silence! Let no man_Write my epitaph j for as no-man Who knows my motives dare - now vindicate them, let not prejudice or ignorance asperse them. . Let fhetn and me repose in obscurity and peace,, and nay tomb remain, uninscrlbed", until other times,, and other men can 4° justice to'my character. When-my country takesher place among the nations of the earth—then, and not till then—let my epitaph" be written, I HAVE DONE'. PART VI. Emmett after hia Conviction—Letter to Richard. Currah— Parting, interview tvith. MtssjGurrim—rUn+b The unfortunate young man. retired from the hall of his mock-triai to his dungeon— showing the same firmness that ever character¬ ized him. He fell;, that he had made an hon¬ est effort to save hia country from oppression, and that in so doing he had made a martyr of rhjmself. Soon ha was led to the scaffold—in- d6ed. his enemies were so eager for the blood of their victim, that he was executed on the day following his trial, The following is a copy of his letter to Richard Curran, the brother o'f his betrothed: -"My dearest Richard:—I find I have but a few hours ty live, but if it was the last mo¬ ment, and that yhe power of utterance'was leaving me, I would thank you from the bot¬ tom of my heart for yorfr generous expressions of affection and -forgiveness to me. If there was any.one in the world in whose breast my death may be supposed not to stifle' every spark of resentment, it might be you. I have deep¬ ly injured you—I have injured the happiness of LIFE OF EMMETT. a sister that ycu love, and who_was formed to give happiness to every one about her, instead ^ ~ J v* miudt a prey "to affliction. UI IKtV lllg liu. -*_-■* ' ^ s J Oh! Richard, I have no excuse to ctter^tHt, that 1 meant the reverse: I intended as "much happiness for Sarah as the incst ardent love could have given her. 1 never did tell you "how much Fidolized her: it was not'with a wild* or unfounded passihn.; but it was an at¬ tachment increasing every hour, from an admir¬ ation of the purity of her mind' and respect f(Jr "her talents. I did dwell iij secret upon the prospect of our union, * I 'did hope that suc¬ cess, while it afforded the opportunity ofour union, might be the means of Confirming an attachment, which misfortune had called forth. I. did not look to honors for myse|f*;% praise 1 would have" asked frofti the lips of no man ; but I would have" wished to'read in tire glow of Sarah's .countenance, " that her husband'was respected. " My love, Sarah ! it was net thus that I thought Jo have requitCd yvmr .affections. I did hope to be a prop rohnd which- your affec¬ tions might have elung, and which would nev¬ er have bceip shaken, but a rude* blast has snap¬ ped it, and they have fallen ever a grave. LIFE OF EM^ETT. 14» " This is^no time for affliction. I have had public moti$&3*to sustain, niy-njind,'and I have not suffered it tohsink: bht there "have been moments in ray imprisonmehf-wheri ray mind was so sunk by.grief on Tier account, that death 4 . * | « % would have bebn a refuge.* • 4 % /'God bfess you, my dearest Richard. Iam obliged to leave off innnediately. Robert Emmett." £ - * * .This tetter was Written at twelve o'clpck on the £ky of* Mr. Erpmeft's execution, and the firnyiesg mid regalafijty of the. original, hand¬ writing contains ^ striking and effecting proof of Jhe little influence which- the approaching event exerted "oyer his.fraipe. The same en¬ thusiasm which allured, hhn to his destiny, enabled lum'to support its utmost rigour. He met hjs-fote \vith unostentatious fortitude ; and although few will be found! bold enough to justify his projects, since fhey were unsuccess¬ ful, yet his youth", his talents, the great respec¬ tability of his connections* and. the evident de¬ lusion of which lie Was the victim, have exci¬ ted more general sympathy foj his unfortunate end, and more forbearance towards his memo¬ ry, than is usually extended to the errors (or suffcrihgs of political offenders. 150 LtFE' 6i EMMEl*E. What brought forth this, wonderful effort of a young gentleman, unaided and unsupported by any rational 'system of organization, imcoun- tenanced but by the- humblest men in society, _ relying on his owa great energies, and the thousand circumstances which chance might throw up on the surface of the political ocean ? What animated.the mindNand spirit of jdrnmett, night after night, arid day afte* day? What? His enemies Will say it was ambition, A hope' of personal aggrandizement",, and a .^peculation of personal exaltation, a sanguinary purpose to raise himself oii the ruins of all .that was re¬ spected and cherished in society. "To such enerriies w*e will reply thatj if ever a» enthu-* siast was animated* with a Jure arid unadultera¬ ted sentiment of the .most disinterested anxiety for the freedom of his native country—ff ever there was a human being who'was ready to lay down his life for the comfort, and happiness of his fellow-creatures—if ever there was a heart that sincerely, sympathised with the suffering? of mankind, or that won)(f cheerfully devote itself at the altar, if such a sacrifice could pro¬ cure the liberty of Ireland,—Ixobekt E&mett was that man. With an intellect of the "highest order, elo- LIFE OF EMMETT; ■ 151 quence powerful, commanding', and inexhausti- .ble.ait integrity. which no force could bend ; ft spirit which no danger or suffering £oul'd in¬ timidate ; -bcfrn of -parents who were the pride and boast of their jeountty ; the brother of those men wh,o jn the birthday of Ireland's freedom, illuminated the political firmament,, and gave their country a hope that her freedom would be immortal; the Witness of her fall, and the spectator of her degradation, ha gave himself up to.th§ dreams of his own imagination, and thought :he saw the* liberties, of h-is country achieved before he had formed his plan to se¬ cure them,, With all the customary character¬ istics of an enthusiast, he seemed to disdain those humble calculations by which all human objects are . to be obtained. But Einmett achieved what no other man but himself would have dared to attempt. With his single mind, and his single arm, he organized thousands of his countrymen, and heseiged the government of the country in their strongest position. ' The evening before his death, Miss Curran was admitted intp hie dungeon, to1 b'id him her eternal farewell. He was leaning in a melan¬ choly mood against the. yindow of the prison, and the heavy clanking of his ehains, smote IM, LIFS OF E>:M2.TT. dismally oil her heart. The interview was bitterly affecting,-and mdhed even the jca-Ucm-s soul-ef-tlw? jailer.* As for TErn-matt himself, bo avepf, and s^oke- little ; bntf-rts- he pressed'hia beloved in silence.to his heari„his bounteii&iiee betrayed his* bmo\io?rs. 'T?n -st-ldif *v6ie£, half choked by * anguish, 'he^ besought her net1 to* forget him^" he reminded? "her of thqjf *forffier happiiu&JS, of the Toby past dajrs of their child*- hood," and concluded by requesting her some¬ times- iS visihthe scenes* where their * in ffrnhy was spent, and thbirgh 'the world might repeat his name -with -scorn, to eKftg*td-£ishmemmy: with affection. In Rafting*, she ttihfa^* round, as if to gazc-Onee more on her widowed ku*e. He- oaught her e}*e as she retired—i tgwas btit" for aunoment—and as the door-closed -en -him, it informed her too surely- that they had met for the Igst'time on earth, but that they,should?' meet in a - better iVorid* where man could'nob separate them. Previous to his»execution-,. *as -the -governor- was going his rounds^ die* entered Tvnmetf V room rather*abruptly, and executioner extinguished the fire and energy -of that soul, ^ which burned for his country's good j pnd that tongue/of the purest and sublimest eloquence", is now forever mute. He "died as he livOd, \yjth. heroic fearlessness,- and 'decent fortitude. ..The amiable, though enthusiastic-'Emmett, howfiVej, we hope, hap not died in Vain ; our pulers must leajrn from his history -that-a people without confidence is a moral Hydra, never to.^be deprived of the fneans of doing mischief. The hp ad. of one rebellion is no sooner-lopped- off, than another •is generated. The Hercules, who is to annihi¬ late the monster, can only he found in those acts of wisdom ^and justice-, which are to recon¬ cile the people to their rulers^ by making them, freemen. The fate of Robert Emmett demanded some* thing, more thpn tears, and unprofitable as these may.Jiave been, jve have continued to offer them still to his memory. J3ut let our private sorjowa pass„• "history one day will do him jus¬ tice ; we have thrown our mite in the scale in which his reputation yet trembles j and, inade- I5fr LIFE OP EMMETT. quat© as thaf itiay bn, it is Sincere and impar¬ tial. All ye wh<3 knew llim in "his lieu r o£ pride" go an d'de likewise. Speaking 'of 'Ml\ Emmett," Chas.' Phillips, Esq.,-a distinguished Irish lawyer, says r Upon hi&charaetef, of course, cftflferetit par¬ ties- will pass different"opinions. Here hersuf¬ fered fhe deatTi of a traitor—^iir'America his' memory ,ik as 'that of far rftart-yr; ancT a full lpngth portrait of him, trampling on a "crown," is one of their most popular -sign-posts. Of hi£ high honor, evelf Mr. Curran had an exalted. opinion. Speaking of him tp me one "day, he said": " I would have believed the'word of Enamett, as t'oon as*the odth of any que I ewer knew f' ^ Moofe, in his life ofLqrd Edward Fitzgerald,' spoaldng qf Eitimett, *says; "Of this friend, notwithstanding "his owrt dying*entreaty that* the world wofihl txt^hcf td him the charity of its silence, lean-not deny myself the gratifica¬ tion of adding a few words', considering that at least the spirit of his vyisfi wilf hct"%e violated in them.^ Were d to nninfer, indeed, the men among all I hatre ever.kncwu, Vho^seemed to, combine ju the greatest' degree pure tnorM worth with intellectual power1,1 should, amdhg LIFE OF EMtylETT. 157 the highest of the class, place Robjert Emjiett. Wholly free from the follies and frailties of ybuth—though how capable he was of the most devoted'passion, events afterwards proved—the pursuit of science, .in which he admirably dis- tn^dJ.Gd.kiEi^f.jreemedfitthebime, the only object that at "alL divided bis. attention with the enthusiasm for Irish freedom, which- in • him was an hereditary as well us a natural feeling, himself being the second martyr his family had given to the cause. Simple in all his habits, and with a-repose of look and-manner-indicat¬ ing but littje movement within* it ;jvas only when the spring.Was touched that set his feel¬ ings, and through them, his intellect, in motion, that he at all rose above the level of ordinary men. On no occasion was this more peculiarly striking than in those displays of oratory with which, both in the Debating and Historical Society, he so often enchained the sympathy and attention of his young audience. No two individuals indeed eouid look more unlike to each other than was this same youth to himself before rising to speak and after—the brow that had appeared inanimate, and almost drooping, at once elevating itself in all the consciousness of power, and the whole countenance and f.g- 158 LIFE OF EMMETT. ure of the speaker assuming a change as of oni suddenly inspired. Of his oratory, it must b*. recollected, (I speak from youthful impressions, but I have heard little since that appeared to me of a loftier,-or what is far more rUre-in Irish eloquence, purer character;) and the effeets it produced, as well from .Its owirexcit.in g-ps-y/ct as from the susceptibility with which the au¬ dience caught '.up every allusion to passing- events, was such as to attract seriously the at¬ tention of the fellows; and, by their desire, one of the scholars, a man of advanced stand¬ ing and reputation for oratory, came to attend onr debates, expressly for the purpose of an¬ swering Emmett,' and endeavoring to neutral¬ ize the fervor of < his impassioned eloquence. J3uch in heart and mind was another of the devoted men, who, with gifts that would, have made them the ornaments and supports of a well-regulated community, were yet driven to live the dives of conspirators, and die the death of traitors, by a system of government Which it would be difficult even to- think of with pa¬ tience, did we not gather a hope from the pre¬ sent aspect-of the whole, civilized world, that such a system of bigotry and misrule can never exist again." 'PART VII- Some account of Miss Curran—Her devotion to the memory of Emmett—Irving's Sketch of their love, WOLFE TONE. We are indebted for the following account of this distinguished Irish patriot, to ]Vh\ Chas. Phillips' new w<5rk}< ""Ourraj and his" Contem¬ poraries " In this mournful year an episode occurred in the professional life Qf Mr.,Currau, highly indicative .of his spirit, disinterestedness, and intrepidity—the capture and condemnation of Theobald Wolfe Tone—a Very extraordinary man in very extraordinary times.^ The son of a coachrnaker in Dublin, lie was educated in Trinity College, where he "distinguished him¬ self, and was called to the Irish bar in Trinity term, With Tittle relish originally for the law, ha sobn, to use his own expression, ceased to " wear a foolish wig and gown,''and APPENDIX. applied himself devotedly to politics. At first he seems to have somewhat coqueted with the Whig- party ; but as he would-not stoop low enough for them, and they would not go far enough for him, the overtures—for they were little more—terminated in Tone's undisguised, disgust, and *tlie- permanent hostility of Mr. George Pohsonby. • It was impossible, indeed, that any constitutional party in the state could have conscientiously coalesced with Tone, see¬ ing that his objects Were the separation of the countries, and the establishment of-what he called Ireland's independence, in the shape of a republic. His published journals leave mo doubt as to his indentions. Agent and secreta¬ ry to the Catholic-body, and* founder of the So¬ ciety of United Irishmen—that he became even more than was suspected, is. clear from a little anecdote which he himself relates. A group of idlers gossiping one day in the Four Courts, Plunket, who made One'of them, thought it as well-to be on the look-out—a habit which grew on him. "Well, Tone, remember, all I ask -of you is Carlorin—the future chancellor modestly contenting himself with the estate of the Duke of Leinster. Tone taughingfy. re¬ plied, u No, no, Plunket, the duke's my friend ; 9 APPENDIX. but I promise you Curraghmcre." Curragh* more belonged ,to the Marquis of Waterford, and a Beresford stood at his elbow at the mo¬ ment. Curran was one of Tone'a intimates, and, according to his son, at -that time partici¬ pated in his political, opinions. "I know," sayphe, "that in the years 1794 arid 1795, and particularly at Drogheda Assises in the former year, and^on the- occasion of the .trial of Bird and Hammil, where they were hoth em¬ ployed as counsel, he opened his mind fo my father; and that on the main point—on the necessity of breaking the connection with Eng¬ land—they agreed.'' Mr. T one has not furnish¬ ed us with the grounds for his knowledge. However, whatever Curran's theory might have been upon, the subject, there can be no doubt he was too. wise-bought I not rather to say, too sane a man ?—to have, even for a.mo¬ ment, contemplated it as a reality.. True, he loved Ireland in his heart's core, but he knew well a very problematical independence must have been waded to through her blood. Y oung Tone admits, indeed, that " he avoided com¬ mitting himself in the councils of the United Irishmenand I can avoiich that in his latter days, no tqau j^ore indignantly denounced the APPSSJDJX. m agitation of which he was anun willing witness. "It goes to my heart, Phillips," he has often said, ufo see those mean, miserable hurdy- gurdy men grinding their discord through the cpuntry. It was on Jackson's trial, to which reference has been made, that a paper was dis¬ covered completely compromising Tone. The ar¬ dent -friendship, however, of men who abnorred his politics, saved his life j indeed, the gentleness of his manners .and the kindness of his nature rendered*, personal .enmity almost impossible. Lord, Clare and George Ponsonby seem alone to have entertained it. Through the interfer¬ ence of the Honorable Marcus jBeresford! I^r. George Knox, and _ Wolfe, the .attorney gene¬ ral |! he was permitted to expatriate himself. Accordingly, in the month of May,. 1795, Tone', with his wife, his sister, three children, and seven hundred pounds—his whole worldly treasure—sailed for America, where he landed in the August following,. It is scarcely ppssi-. ble to conceive any thing more desolate than his then condition. An exile from his country, an outcast from his profession, iri a strange la!nd, with heavy claims on him, and but scanty resources, it required fortitude^such as he hap¬ pily, possessed, to sustain him. But his was a 192 APPENDIX. heroism made to defy misfortune. The first design was to have settled down As a tarmer in Princeton, New Jersey, when letters from Ire¬ land changed all his purposes, and turned his future life^almost into a fairy tale. On the eve of his expatriation, he accompanied a friend, named Russell, to hid farewell to Thom¬ as Addis Emrnett, destined so 3Don to follow him. "He received* us,"' s^ys Tone, "in a lit¬ tle elliptical study," which he was building at the bottom of hislawn, and which *he meant to consecrate to our meetings, if ever we lived to see Ireland emancipated." It was in a small " triangular field, exactly like the one in Switz¬ erland where T^ll and his associates planned the downfall of the Tyranny of Austria," that Tone developed his plan to his companions. He told them that he did not consider his com¬ promise with government extended farther than to the banks of tM Delaware ; and that his offence—great, 110 doubt—was'abundantly expiated by his exile. This was mere casuis* try, as it appears to me, unworthy of his char¬ acter and understanding. ^ No government, most assuredly, would have spared his lite, ex¬ cept on the implied^ if not expressed condition that it was not to be employed for the future APPEXDIX. 193 ill compassing their destruction. The project, however, which he seriously entertained, seem¬ ed to carry on the face of it its utter impracti¬ cability. It was, apparently, as wild, as shape-_ less, and as visionary a phantom as ever possess¬ ed the brain of a monomaniac. This lonely and^ unfriended exile was to seek an introduc¬ tion to the French minister in Philadelphia, to obtain from him an introduction to the French Directory in Paris, and from the Directory to obtain the invasion of Ireland! All the re¬ sources of a mighty republic—her fleets, her armies, and her treasures—were at once to be¬ come plastic in the hands of one who had not an acquaintance in the country or a guinea in the world, and whose tirst political experiment was a failure, followed by a banishment. Ve¬ rily, the pen of Cervantes becomes rational in the comparison. Yet, strange to say, Russell and Fmmett (the latter one of the ablest men in Ireland) applauded the undertaking, and in the lt triangular field" the vow of the three ftiends was pledged^ never to desert the cause of their country. .Thby kept that vow. The emissaries of sedition were not inactive; the whole north of Ireland became one mass of organized discontent; and Tone in Philadel- 194 APPENDIX. phia received from his friends supplications 'to proceed. The whole affair seems like a ro¬ mance, yet the romance was to become a real¬ ity. "Impelled by the restless energies and in¬ domitable perseverance of an expatriated refu¬ gee, France sent forth "a mighty armament— the flower of her navy, -and her veterans, with their hero at its head-^-"alone he did it." His first step was'to wait upon Citizen Adet, the resident French minister, tendering trim, by way of credentials, certain complimentary cer¬ tificates on vellum, which had been presented to him by the Roman Catholic committee. Adetj as might be expected, declined all com¬ munication. Tone, however, was not easily to be baffled; and on the 1 st of February, 1796, he landed at Havre with Citizen AdOPs recommendation to the Directory safe in his portmanteau. On his arrival in Paris he pro- ceeded to Monroe, the United States embassa¬ dor, and procured from him an introduction to Clarke, afterward Duede Feltre. Nothing caja be more interesting than the details in Tone's journal, from his first interview with Carnot, the «<■ organizer of victory," in his u petit cos¬ tume of white satin, with a crimson robe richly embroidered," down to his departure on the A'PPEKKX 195 expedition which cost him his life. Well, in¬ deed, did he redeem his pledge to Russell and to Emmett; and well and truly might he ex- ultingly describe himself as " hunted from his ofvn country as a traitor,, living obscurely in America as an exile, and received in France by the executive Directory almost as an embassa¬ dor." Despjte of every species of discourage¬ ment, from poverty, jealousy, suspicion, and distrust, did this forlorn but heroic man persist, till he trode the deek of the Indemptable, of 80 guns, high in the command of an army num¬ bering 15,000 choice troops,, carried by a fleet of IT sail of the line, 13 frigates, and 13 trans¬ ports. Credulity is startled at this Herculean result of the efforts of one man, and he an exile, a stranger, and a pauper. Such, indeed, were his necessities, that, but a day or two before his appointment of chef de brigade, we find him without a shilling, obliged to Carnot for the means of subsistence. The command of this fine expedition had been confided to Hoche, at that time the hope and hero of the French nation. Tone thus relates their meet¬ ing ! " I was sitting by appointment in Fleu- ry's cabinet, when the door opened, and a very handsome, well-made young fellow, in a brown 198 APPENDIX. coat and naiikeen pantaloons?, entered and said* ' Vous vous etes le Citoyen Smith ?' I thought he was a chef de bureau, and replied, ' Oui, ci¬ toyen, je m'appelle Smith,' He said, ' Vous yous appellez aussi,. je crois, Wolfe Tone?' I replied, .'Oui, citoyen, c'est mon veritable nom,' ' Eh bien,' replied he ; L.je sais le Gen¬ eral Hoche.1 This officer, much distinguished for the pacification of La Vendee, had in him all the elements of success. ' As to Bona-- parte,' said he to Tone, ' set your mind at rest. He has been my scholar, but he shall never be my master.' " The fate of this magnificent expedition is well known. Violent storms arose, which separated the fleet, only sixteen sail of which arrived in Bantry Bay, where they lay for six days within five hundred yards of the shore, without even attempt-kig to land the army. It seems the frigate which carried Hoche was missing ; and Grouchy, the second in command, refused to incur any responsibili¬ ty. How strange it is that this should be the self-same officer to whose indecision Napoleon attributed his defeat at Waterloo f Referring to Bantry Bay, he afterward told Tone that he had shed fears fifty times at the recollection of the opportunity he had lost, and regretted much APPENDIX. " 197 that he had not taken Bouv«t by the collar, arid thrown'htm overboard the moment he raised a difficulty about landing. On the 1st; of Janu- t, « • ary, 1797, seven sail madethe island of Ushant, being all that remained of forty-three sail which had '^departed* from Brest/ .Thus termihatedj thTs formidable* operation*"—a result manifestly attributable to that Plovffience to* whose mer¬ cies England" 6wes so much.",> Hoch-e, to the absence of whose frigate the failure of the ex¬ pedition-seemk attributable, was tints charae- terizOd by Napoleon at St;. Helena: "" He was one~o"f the' first generals that Cvei France pro¬ duced. Hd was brave, intelligent, abounding in* talent, decisive,'and perseverfrig j'-Be wa^ hltragnnt also. If Hoche "bad landed jn Ire-, land, he Would haVe 'sticceeded. Hp possessed aR the' qualities necessary to insure "success. He w2ts aiccustomed to civil 'war, -and knew how to conduct himself'mnder 'sucli circunji-: stances. He had pacified'*L?i YendOer.and was well adapted' for Ireland. If Hothe had1 land¬ ed, Ireland was losjkto you." The'next expedition, in all the final arrange¬ ments of which Tone was active, Was that of the Texel, got up by the to "aid that o£ Ernst/ It was to have been commanded by 193 APPEKDIX, Daendels, a brave officer, who, on Hoche's recommendation, appointed Tone to the same rank in the Dutch which be held in the French servicev that of adjutant generalv The nayal force consisted of fifteen gai.t of the line,, ten. frigates, and many-sloops and transports.. The land force amounted to thirteen thousand five hundred men, with three months' pay, and .spare arms and ammunition. This expedition never Sailed, owing, says Tone, quietly, to the "absence of fair winds." May,it hot have- been to-the presence of* Admiral Duncan, who lay inopportunely off the mouth of the Texel ? About this tirne,vHoc,he, scarcely yet. in prime, died* of consumption. Such was the- fate of these tiva. memorable expeditions. It was on the 23d of May, 1798r that a portion of the Irish peo-ple, irritated, but not disheartened, burst into premature rebellion. Tbe Egyptian expedition, under Napoleon, had sailed but a few days before, thus forestalling the flower of the French troops and navy. The indefatiga¬ ble Tone instantly rushed to Paris Jtp organize withministers'another expedition: nor was he unsuccessful. Th0 proposed plan was to feed the Irish insurrection with minor detachments- from different ports, until the main body, APPE5DIX, amounting 4o nine thousand men, imdet Gene-* tai Kitmaine, .himself an, Irishman, could be dispatched. Had that gigantic armament, un¬ der Napoleon, mailed for Ireland .instead of the East, and effected a lsfndirig there under cir¬ cumstances so critical, who ©an'calculate upon the possible consequences? Tone, who had three consultations with him on Irish affairs, thus describes the impression made or) him at the first interview. "He lives ih the Rue Chantereine,. in the .-greatest simplicity; his house-is small,-but ueatj ajtid all the furniture and ornaments in the mbsfc classical taste. He is about five feet six inches high, slender and well made, hut stoops.considerably a he looks at least ten years older than he is, owing to the great fatigues he ""underwent jn. his immortal campaign off Italy.. His face is that of a pro¬ found thihkerj.but hears no marks of that great enthusiasm and unceasing activity by which he has been so much distinguished. It is ra-' ther, to my mind, the countenance of a mathe-- matician than of a general; He has a fine eye, and great firmness about the mouth: he speaks low and hollow.It is a curious thing, and characteristic of the -sagacity of Tone, that he expresses strong suspicion as to Bonaparte's £09 APPENDIX. i - ' ' w » sincerity on Irish subjects, "indeed, he goes farther still, and hint's that his projects had to encounter'' his active though*secret discounte¬ nance ! Tone was right, but If was not till twenty years afterward, en the rpek of St, He¬ lena, that the'reason was diselosedl J "If,V said Napoleon t© 0?Meara,'u the Irish had sent over honest men to nje, F would have certainly ■ made an attempt up op, Ireland;.but I had no confidence either in the hitegri-i} or the tal¬ ents ©f the.Irish leaders that were in France:' They could' offer no plan, were .divided in opinion, ahd were- constantly -quarrelling with, one anotherUpon" Tons, hoWeVer, as we shall-soon seethe pa-ssed a very-different judg.- meht. The third projected expedition, under Kilmaine, tStas frustrated* by the impatience of General"Ilumbert. This effidot, despite of all-, arrangement^ with a fey?".frigates, a thousand, men, re thousand spare muskets, and a thousand guineas, sailed prematurely, from • Rocheile. He effected a landing -at Killak^ where, indis¬ creetly lingering for a fortnight, he gained a •signal victory at Castjebar, and *was. obliged finally to surrender to an overwhelming fo^cVj under Lord Cornwallis. This was on tiie^Sth . of September, If US. The news hM not APPENDIX. 201 eached Fiance, when, oa the 2Qfh of the;same month, General Hardy sailed from the Baye de' Camaret with three thousand: soldiers. Cem- mpdore Bom part-.had under his command the. H'oche* .74, eight' "frigates, and a schooner. The fleet fvas -dispersed by a storm,'and on Ihe 10th of October,- the? Hoche, two- frigates, and the schopner were signaled by Sir John Bor- lase Warren in the bay. of' Lough' S willy. Bompart instantly ordered the frigates and the schooner to attempt their escape through shal-* low water, "and heroically'prepared his ship for action. Ah oat horn the schooner offered Tone -the almost certainty of an escape, of which he was vainly implored by his brother officer^ to avail ' himself. ""No," saicb he, in answer to ^heir-entreaties, "npver shaU .it 'be said that i fled while'the French were fighting the battles pf my Country. - "Certaine death, eithe^on the, deck Or the seaffbld, he- we 13 knew awaited him! -So it was a soldier's death, he cared not. For six hours did the galfant Bompart f in the Koebo, maintain a hopeless contest with four* sail of the line and a frigate! "At length " ' says Tone, "her masts and rigging were swept away, her "scuppers flowed with, blood, hPr wounded filled tjie cockpit, her shattered ribs 202 - .APPENDIX 0' + yawned -at, every neW .stroke, and let in five feet water in the holdr, her rtidder was carried away," and thus barely Abating on the'waters, a dismantled wreck, idle struck. Honor-to Bompart—honor to the brave-—enemy though he be. The fate of Tone was sealed. At a breakfast given to the Flench officers by Lord Cavan, he ,wa& recognized. The manner" of. tile recognition was.thus—I Wish it were oth¬ erwise. While seated at the table with his brother officers,, an old friend and fellow-stu- < dent, entering With policemen, said, "Mr. Tonej 2 am very happy to see you /" He was, of course, instantly arrested. .He' submitted without a murmur until they proceeded to place him in irons, When, flinging ofl" his uniform, - he indignantly exclaimed, ""No! fetters shall- n^ver degrade the-severed insignia of the free nation, I have seryCcL For, the cause which I have embraced, however,. I feel prouder to - wear them than if .1 were decorated with the Star and garter of England.'1 On the 10th of November, 1792, he was tried in Dublin by court-martial U Tone - admitted all the facts, and merely read, an address,'vindicating his motives, "Under the flag of the French Re¬ public I originally engaged with a view to save APPENDIX and.liberie my own country. For that pur* pose I have encountered the chances of war among strangers. For that purpose I have re¬ peatedly braved the terrors of the ocean, cover¬ ed, as I knew it to be, with the triumphant fleets of thpt power which. it Wag my glory and my duty to oppose. , I have sacrificed my views-in life; f.bave courted, poverty; 1 have left a beloved. Wife* unprotected,- and children whom I- adored, fatherless. After such sacri¬ fices in a Cause which I have always conscien¬ tiously considered as the cause of justice and freedom, it i$ no great effort at this day to add the sacrifice of my life.1" After the condemna¬ tion, which he made no effort to avert, he ad-, ranced one, an.d .only one, request—that he might die a soldiers death, and u-be*shot by a- platoon of grenadiers." " I request this indul¬ gence," said he, 11 rathej jn consideration of the uniform which I wean—the uniform of a chef -de brigade in the French army—than from any personal regard.to myself.". He produced hi? commission as chef tie brigade, and of a letter of service as 'adjutant general, proving that his. rank-Was bonafide^ and not merely assumed to serve a purpose, In point of "fact, be had serv¬ ed ia the army of England, in the Dataviau ar- 104, APPEifpIX, my^ and in thdt of thq Sambre et Mehse, under Bonaparte, Desaix,* and KilmainC. ^This re-"" quest was 'refused by Lord Cormvallis, who * awarded him h traitor's death within eight-and-*' forty hours'. • Of the Tew -fi'iends 'who had es¬ caped the scaffold; the tnhngle, and the dun--" geon? could there be found "hone fearless-enough to recognizef'tlie"fallen? •constitutional enough' to assert the outraged dignity of the law ? noble enough to forget.self-interest m thd struggle? YeS^ there was-one, ancfoftly one : Currah was still* alive, r Tone was'to 'die on the • 12th-of November. 'It-was-now the 11th! Durirlg^ the. whole of that day did Currant toil through1 Dublin, seeking Wmong - the Veaffhy jRomah Cath-olicS the * means ©f retaining"a* bar -td de-»- monstratC'-the" flagrant illegality, of the trial!. He spoke but -to the\vinds. "'He could not ob¬ tain a shilling !,i ".He then determined to pro¬ ceed alone, vtrhen» Peter". Burro wes, volunteered his assistance. On theunoHiing of the day fix¬ ed for the execution; the moment the -Court ef ■ King's Bench opened, the dauntless" advocate advanced, leading Tone's aged father by-the hand', who produced .an* affidavit,' that his son had been brought before a bench of officers who had sentgaced.him to death. .The se'ene APPENDIX. 2QS at that moment passes all description'—the breathless crowd,, the heart-broken oLd man, the pure and .venerable judge, and, above all, the voluntary and unrivaled advocate, the real friend—misfortune's friend—who, while all others held afcof, alone stood forward to hold the aegis of the law between injustice and its victim: to be appreciated, it must have been seen. " I do not pretend," began Curran, " that Mr. Tone is not guilty of the charge oi" which he is accused. I presume the officers were honorable men. But it is stated in this affida-^ 'vit, as a solemn fact, that Mr. Tone had no commission under his majesty,„and therefore no court-martial could have cognizance of any crime imputed to him while the Court of King's. Bench sat jn the capacity'of the great criminal court of the land. In times when war was ragiug, when man was opposed to man in the field, courts-martail might be endured ; but every law authority is with me, while I stand upon the sacred and immutable principle of the Constitution, that martail law and civil law are incompatible, and that the former must se ise with the existence of the latter. Tim it not, however, the time for arguing this uicin ntous 206 APPENDIX. question. My client must appear in this c-ourt. He is cast for death this very day. He may be ordered for execution while I address you. I call on this court to support the law, and move for a writ of Habeas Corpus, to be direc¬ ted to the provost marshal of the barracks and Major Sandys, to bring up the body of Tone." Chief Justice. " Have- a writ instantly pre¬ pared." Curran. "My client may die while the writ is preparing." Chief Justice. "Mr. Sheriff, proceed to the barracks, and acquaint the provost marshal that a writ is" preparing to suspend Mr. Tone's execution, and see that he be not executed." In a short time, the sheriff, having returned, thus addressed the court: " My lord, I have been to the barracks in pursuance of your order. The provost marshal says he must obey Major Sandys. Major San¬ dys says he must obey Lord Cornwallis." At this time Mr. Curran announced the re¬ turn of Tone's Father with a message that General Craig refused to obey the writ oi Ha¬ beas Corpus. Chief Justice. "Mi. Sheriff,'take the body of Tone into custody. Take the provost mar- APPEHDIX fio?7 glial and Major Sandys iflto custody, and show the order of the court to General'Craig.™ ' It was now universally believed that the military authorities, who had thus presumed to trifle with the powers of the King's Bench,, would have Tone executed on the instant- Lord Kilwarden, a great constitutional judge, ^tvas very much affected. " His agitation," said Outran, " was magnificent." It soon trans¬ pired, however, that, Tone, indignant at the menaced degradation of his death, had, with a small penknife which he had managed to coa¬ xal," inflicted such a wound on his throat that he had little to fear from this world's jurisdic¬ tion- The chief justice, however,"as a matter of precaution., ordered a writ to issue, suspend¬ ing the Execution. It is said, on the surgeori expressing an opinion that, as" the carotid arte¬ ry had' escaped, the wound was not necessarily fatal, Tone faintly muttered, "I am sorry> then, to find that I have been sp bad an anato¬ mist." He survived, however, in silent ago¬ ny, for seven days, when the same surgeon* seeing he was sinking, whispered to an atten¬ dant, "You must keep him as quiet as possible. If he speaks he dies." "I thank you, sir," said Tone, who had overheard him; " you 2 OS APPENDIX. could not give me more welcome news. What should I wish to live for—" and expired. Thus perished on his " bloody pallet," in a loathsome dungeon, and by his own hand, the youthful apostle of Irish independence." " Tone was earnest, disinterested, single- minded. Ilis patriotism did not evaporate in words. He was essentially the man of action—r- an enthusiast, but a practical one. No person¬ al motive seems fairly attributable„to him. If he was a,suppliant, it was always for his coun¬ try—never for himself. If he urged others to enterprise, he never shrank from a participa¬ tion in the danger. Opposing power, he never cringed to. popularity, nor substituted a mob for the monarch he rejected. For one sole object, which he mistakenly believed to be his .coun¬ try's good—in exile, in.-poverty, in "privations of every kind—to the last he persevered, sacri¬ ficing all that makes life dear, and daring and enduring all that makes death terrible." " It may not be out of place here to, state that the regard in which Tone was held by the Directory was extended to his family after his death, II is sons were educated at the pub¬ lic expense, and owed much to .the active be¬ nevolence of Talleyrand. Lucien Bonaparte, Appendix. m as president of the Council of Five Hundred, thus winds up the beautiful speech which lie addressed to them on the subject: ' Represen¬ tatives of the people ! the widow, the children of Tone are before you. The law of the 14th Fructidor only allows them a pension of 300 francs*. But, in that very law, the case of emi¬ nent services, rendered in the cause of liberty, is foreseen. The families of heroes are then, to be relieved by a special decree of this House." lelaitn this special decree.' The motion was followed by the appointment of a comrpittee,* of which Joseph Bonaparte was a member. His nomination was a guarantee to the family that their interests were'.safe ; a man of kind¬ lier nature never perhaps existed. " This little sketch would scarcely be com¬ plete without the graphic account which Tone's admirable widow-gives of her* first in¬ terview with Napoleon. - He was on his return' from the hunt in the forest of St. Germain's, and was changing horses, when she presented a book and memorial to him : " He. handed the book to his ecuyer, and opened the paper. When he began to read,-he said, c Tone I re¬ member well.' He read it all through, arid two or three times stopped, looked at me, and 21a appendix. bewed, hi reading it. When he had finished, he sard, to me, 'Now speak to me of yourself,' I hesitated, for I was not prepared for that ques- tipn, and took small interest in the subject. He proceeded: ' Have you a pension ?' I said I had. ' Is it sufficient ? Do you want any e^ traordinary succor ?' By this time J, had, re¬ covered- myself, and said that his majesty's goocfness left me no personal want; that all my cares, all. pay interest-in life were centered in my child, whom I now gave up to his majes-5 ty's service. He answered, i Be tranquil; then, on his account; be perfectly tranquil, -then, concerning him.' I perceived a .little half- smile when I said x my child' (won enfant.) I should have sajd ' my son I knew it but for¬ got. He had stopped so Icing that a crowd,, had gathered,and were crushing on, crying, ' Vive VEmpereur /' He ordered two Napoleons a piece to be given to some old women, and wo¬ men with'children, and drove on. On going, he nodded to. me two or three times wjth affec¬ tionate'familiarity, saying, •' Yotre enfant sera hien naturalise,* laying ji playful emphasis on the word ' enfant /" Napoleon kept his word. He doubled the pension of Mrs. -Tone, raising it to 24.00. francs during her life ; appointed her APPENM3L 8ll son to be a scholar of the government, and or¬ dered her expenses, on placing him at the mil¬ itary school, to be repaid.- In the twenty-se¬ cond year of his age, Tone's son was appoint* ed a cornet in the 8th Chasseurs. He served with distinction from January, 1813, to July, 1815, when he resigned the service. At the memorable battle of Leipsic he received six lance wounds, and was promoted to a lieuten¬ ancy on the • staff, appointed an aid-de-camp, and made a member -of the legion of hdnor. He died very young, an officer in the army of the United States. " The application for a writ of Habeas Cor¬ pus made by Tone's counsel may, at first view, appear to have been superfluous. But it was. not so. The fatal act of the prisoner had not transpired .when the 'motion was made, and there was a certainty that the execution would have taken place- on the 12th- of November. To obviate this,«the motion—of the ultimate success of which there could be little doubts- was necessary. The result of a trial by jury must inevitably have been .the same as that by court-martial. So far from denying his- guilt, "Tone- denied it to be- guilt, and glo¬ ried in it. What, indeed could. have been 212 APPENDIX, done for a man who volunteered such a boast as this: " I wish to spare* the court all useless trouble. The charge against me, I presume, is, that I have been found in arms against the soldiers of the king in my natiye country. I admit the accusation in its most extended sense. From my earliest youth' I have regarded the connection between England and Ireland as the curse of the Irish nation, and felt convinced that, while 'it lasted, this coun¬ try could-never be free- or happy. As to that connection, therefore, I repeat it—all that has been imputed to me—words^ Writings, arid ac-" tiohs—I here deliberately avow. ■ -I have spo¬ ken and acted with reflection," and gn princi¬ ple, and am ready to meet the consequences. Whatever be the sentence of the court, I am prepared for it. Its members will surely dis¬ charge their duty—J shall take care not to be wanting in-mine." Acquittal, therefore, before any tribunal, was' quite out ef the question. Mr. Carroll's objeet was solely to gain time. Delay must necessarily have attended a trial at law, and opportunity would thus have been afforded for foreign interference. Indeed, it has since transpired that the chiefs, both of the French and Batavian Republics, had solemnly APPENDIX. 2IS assured Mrs, Tone that they would instantly claim her husband; that the English officers whom they had prisoners should be held as hostages for his "safety; and if they had none of the same rank, the difference should be made iip in numbers. In*similar circumstances Na¬ poleon claimed Napper Tandy; the demand was acquiesced in, and Tandy was exchanged.5* THE fRISH FOREMAN OF '98. We copy the following sketches, to show the state of feeling in Irelapd, during the State Trials of '98. 9Guilty! my Lord." The foreman of the jury trembled as he pro¬ nounced the verdict; the grave lawyers sud¬ denly shifted on their seats and looked, silently down; a quick shivering ran through the vast mass of people, and then was unheard in their piercing yells of rage"; all in that court-room were agitated but the judge and the criminal. 10 ttt APPEJSDIX. The judge took another pinch of snuff, and settled' in his seat with a heavy frown upon the prisoner. He glanced almost exulting!y at the maddened mass around him,, and then turned and defied,the judge with his eye. .. The Foreman trembled in the tumult, for he had heard of Irish revenge, trampling upon Bri¬ tish gold and piercing through British steel. As he looked around he saw a spirit burning in a thousaud eyes, which had not appeared to him in warning- at the hour when a heavy purse was dropped into his hands. And he trembled again, for he saw that more of those wrathful eyes were fastened upon him than upon, the prisoner at the bar. He heard the angry cry for sijence, the sen¬ tence of-death and the noisy breaking up of the court, all as a fajnt and distant sound. He mechanically rose to depart, but the sheriff m surprise touched his shouldejf. li Will you not have a-guard to your house r'! {cYes!" cried the Foreman, awaking, "I must have'a guard!" . He hurried away, because he did not wish to meet the sheriff's eye. Late in the second night after the trial, a squadron of dragoons clattered up to the hotel MFfc Of EBtMETf. 515 in King street, and then,stopped. A man in¬ stantly left the building and mofinted a spare •horse in the very middle of the .troop. Not a •word was spoken ; all knew their'business, and, swept rapidly forward at -a single* word from their officer. And no one cared to speak. Two fiours' quick riding brought them -into "the centre of a forest, whoso huge black trees shut out the feeble light of a few dim stars, which had "hitherto shown them their course.' This melancholy darkness fell heavily upon the su* perstitious tebfings of the dragoons, and togeth- erVvith. a' mysterious distant roaring through the still air, depressed etfen the lighter spirit of tire officer. Almost unconsciously, and certain¬ ly'without meaning it, he dropped behind and whispered to the Foreman. " How awful this Sudden wind sounds among the trees-!" " That is na wind or breeze that you hear," said the Foreman briefly.^ "It is the dashing of waves under the cliff of Creel au Diugh. mat's that!" * A narrow stream of fire, shooting upward in •swift-sparkles,, rati into the road directly beneath their horses' hoofs. A Scattered mass of fire¬ works instantly exploded. Rockets ruslied up 218 APPENDIX from their midst, blazing wheels cast forth, a whirling shower of sparky while fiery serpents hissed and leaped along the ground. -Stricken with a sudden terror, the horses became un¬ manageable and broke from their ranks. . score of dark, half-naked men was seen glanc¬ ing about in the scattered troop. When order was restored, tire Foreman's horse alone was found riderless. The officer-instantly gave the order to pursue. He might have .spared him¬ self the trouble.. The Foreman heard tire loud command, but made no struggle for release from his captors. A strong grasp was upon each arm, and kept its remorseless .hold, though the prisoner screamed^ with torture as he dragged through briets and thorns in that headlong race. And even when the sound uf pursuit died-.away.be¬ hind them, they did not slacken their step^?" for their revenge was tireless, and every moment' increased the sound of the waves dashing*, un¬ der the cliff of Creel au Duigh. No pause .un* til an abyss yawned beneath their feet* and the Foreman looked down upon the black waters of the sea. They tossed him down upon the rough rock, and he did not attempt t® rise. The band APPENDIX. 217 stood at a little distance from him. Then one stepped out from their number, and in a calm, determined voice, told the Foreman * why he must die. You have taken the English gold and your hand shall rot in the .sea. You have spokeri- the'perjured word, and you shall be strangled till your black tongue sticks out of y'our month. To-niorrow, a true Irishman goes to his doom, and,you shall treep before him tike a hound as you are. His body cannot lie in holy ground, and your carcase shall be picked by the birds of. the* air, until it drops and is eaten by the crawling crab. Look down .the cliff of Creel au Dui'gh. The waters below are not as black and measureless as "the iniquity of your heart. You cannot wish to prepare for death. You must die now." The Foreman was not a coward. He had trembled in the. court when he was crushed down by tlie- revengeful looks of a thousand, m'en, but now- that death stood visibly before hi,m, he only rose and said with firmness,— " Let-me die quick and easily." " No !" shouted the other savagely,"" no? you shall not 1 „ Yoirshalfdie hard, and the harder because you vrill know first what is the death SIB APPENDIX. we have devised for you. We shall not hang you or let you drop into the sea. Either would be too merciful, and we shall do both. Do you see that long spar ? There are two cords at- this end. One of them shall be knotted around your neck: the second is fastened to the other end, and hangs loosely along the whole length of the stick* -Your hands shall be- tied behind t your back, you shall be haltered and thrust out with the spar. If you would lengthen your life, cling to the loose rope with your legs as long as -the devil givds you. strength. 'Da so, and prolong your death,. Now tie him, noose him", cross Ids feet upon the rope, thrust the spar out and may God not have mercy on his-soul." They did eo and' sat down on the crag. A light wind arose and swung the 'Foreman- ta and fro iij the * darkness : thel cords creaked with their horrid* weight, and the mad waves beneath bounded up as if yearning for the flanging wretch. They sate still and watched, him. Por an hour no one-dared to speak. Then one whispered to'his fellow : * "Did yod see his-limbs sliakfc tlien as if he LIFE-OF EMMETT. Sl» had the fever ! How still he is,—I thought he would beg. But he dies game!" • "Silence!" cried their chief. ' ^He dies like a traitor •As he spoke, the feet nervously unclasped and the Foreman swung down. "Come, boys/' said the chief, after another interval of silence, " now let £19 go." THE IRISHMAN'S QEVEHGE. During-the autumrt of the year 1798, half the county of Wexford was in a state of insurrec¬ tion. This partial revolt, however, led to no important results; the insurgents were defeat¬ ed and compelled* once more to submit to the iron rod of the English* government." To re¬ strain the populace, to ferret out and inflict summary justice ©n the guilty, numerous de¬ tachments of soldiers _Tvere sent, who overran the whole country. One-of these detachments 22a LIFE pF EMJIETT. had established itself for several days on the little island of the Virgin/when one morning t}ie commanding officer received a visit -from one of his sergeants-. "Well, Dennis," he enquired, -H what's the news ?" "They have brought in Patrick O'Darcy," replied the sergeant; "I have ordered out a platoon, .and I now come to receive your hon¬ or's orders to shoot the prisoner." " Have we a right to do so ?" demanded the officer. " With .your honour's* permission, I believe it is always lawful to rid ourselves of a febef and a papist. Besides, he spent all last night away from his* house,".which is a sufficient crime of itself." , " Is it known where he wenj, and what he has been dojng during the night,?" " I have heard it"said that he went to^ee his brother the sailor, who lately arrived at. Wex-" ford; but thffi story js not clearly proven^ and- this O'Darcy does not bear too good a reputa¬ tion. 'Shall f despatch him ?" " By my faith, Dennis," replied the ofhcer^ " since he is*i\ow in our hands we can't" go AfPEWffiX 221 wrong, I thirikr in sending the fellow out of the world/' The sergeant instantly withdrew. Left alone, €he officer; reflecting on what had passed, quickly repented of having so lightly condemned to death a mail who was probably innocent. Springing up,' he .hastened to stop' the execution, but had not taken twenty steps befoje he heard a discharge Gf musketry. "The •next moment he foflrid "himself 411 the prese'nce of the inanimate porpse-of his victim. -He was a young man of great size and' of q handsome and interesting appearance; his clothes, were such, as are worn by • the poor oTasseS in Ire- band. After viewing him for ran instant the officer retired'racked with remorse.* Among tlie spectators of this frightYut scene was the brother of Patrick O'Darcy. The ex¬ ecution over,' he- hastened to the dwelling of the deceased's* widow, uttering words of . ven¬ geance .apmnst the murderers. • He had scarce-* ly entered, when some one knocked. u It is the priest," cried one of the children who ran to open the door. 'Walking into the* cettage, the man of Gfod. found theffirother.ef Patrick O'Darcy engaged, cleaning an old pistol; the fwd eldest sons S22 APPENDIX. of the murdered man were melting lead "to run into bails. As for the poor widow she sat on a high stool near' the fire, regarding with -dry- eyes and a vacant stare the preparations gt>ing on arpund her.: 'f Is it "an assassination you intend to com¬ mit?" said the priest with severity,, addressing himself to the brother of Patrick O'Darcy. " They have kill'ed my brother in cold blood, my innocent brother,'1' replied the sailor, still* contiilying to polish the rusty weapon which he held in his hand. " What.!" said the priest, " thoughts of re-* venge in the heart of U Christian ! Does not. God forbid the -shedding of blood ? Leave to Him the punishment -of the guilty": terrible re¬ morse in this life, etertfal suffering-in the other, will do justice to the crimes committed here below." He qontiiiued to speak for a long, time in this tone. The sailor sometimes nodded his head ; sometimes hazarded a; brief observation. At last the words of the priest seemed to make an impression' upon him; he interrupted the gbod man, reflected a moment and then said: " I believe, in-fact, you are right) it is his con¬ science-alone-which^ shall'avenge me. I pro- APPENDIX- 22i mise you tliat 1 will not raise', a band againsf him." • O n't ho eyening of the same day, while the pfficer was in his chamber reflecting bitterly upon the event of the morning, the sergeant rushed in, his face pale, as death, and his hair flowing in disorder. Be handed a letter with a *black seal, containing simply these.words :* * " Patrick O^Darcy died October ls£, 1798. *" Captain O' G.nnnell will die October 1st, 1799. Twelve^mOnths !n "Who gave you this letter?" demanded the ojhcer/ '.'Patrick O'Darcy," replied the sergeant, with 3 trembling voice. "Patrick O'Darcy is dead, yew fool." " I assisted at his execution, and I was pre¬ sent • when his corjwse was thrown into the lake,'"'replied the sergeant; " but if the \yords I now pronounce we're the last which sheuldr ever issue from my mouth, 1 would swear that it-was he himself who brought that letter." OiGuunell was not "superstitious-; yet, this mysterious letter inspired inrn with Some un¬ easiness, but *it soon Vanished ; -five.days after¬ ward he thought no more of the matter.1 "The first of November found him in Dublin, when the hostess Cf the house at which he ptjt up brought him a letter' which- she said had been left for him- by an Irishman of. uncommon height Tfos letter was precisely like the firsts excepting-thdh tfiepinmber of months was^ re¬ duced to eleven....O'Gurmell, *011.reading this' second "billet, felt.hm fefos revive; • his retnorse returned, more jroiginyjt - than ever, and. the re¬ proaches of bis ghilfy ponscinnce began.to per¬ suade him that there was something, supernatu¬ ral in this strange.oCetircenee. He had inform¬ ed no'one of hig journey to Dublin, where he had arrived only the evening' before: what Iwiijg foeing, then, pouhl have divined his in¬ tentions and have discovered him so soon ?. . 4. vague biff, unceasing-restlessness preyed "upon, him-—appetite and sleep bath abandoned him. He str.ove to drown his sufferings by plunging into the whirlpool of pleasure, but nothing could relieve his gloomy .thoughts, the moral disease nuder which he fo-lt -himself foiling fol¬ lowed-him. every- where. The first of" D«cemberv found hint at the ta¬ ble, surrounded by numerous friends, and on tha point of drinking a, toast, when a servant handed hjiji a letter Rearing a black seal. He tamed pale OQ receiving it, had foil back in his chair ■without uttering a word f pretending 'sud¬ den .indisposition, he soon, left the. -apartment-. •Next day he-quitted Dublin, to-go, be sai&J on ■a hunting excursion among the mountains of Wicktow j a single servan t*acgompanied him. It was no .idea of pleasure orafnusement that -brought O'Gunnell among the mountains :»he began to-consider-eyfery kind-of happiness or joy as a dream, @f the past;,all that hp ^coutd hope for -was partial relief^ momentary fofget- fulness of his ills, and he jsopght it in bodily fatigue, and the activity of a country lifev . But the recollection of fhe" island .-of _ the Virgin never forsook him f look which way,he would, a bloody phantom was incessantly by hisrside. Thus passed the*month of December. -*One day, -Q'Gunnell, returnkig-f^om a long mountain excursion, passed through a narrow path which followed the course of a "rivulet. At a tijrn in*the road, he-suddenly perceived a- man, whc^ standing- on a little "knoll, pointed tyith Ids hand towards «a huge rock neSir which he had to pass,. •O'Gunneli attentively scruti¬ nized this singular figureq. it. was. O'Darcy! His hair stood erect, his- bl&od yurdled in his veins,, his hand mechanically grasped a pistol Which he constantly carried, and he fired. -A «2& APPENDIX, smile o? derision gleamed-athwart the visage of ODarcy, whcr, without 'moving, continued to point at the roek. In a few moments he dis¬ appeared; as if by enchantment. -Approaching the -spot designated; CTGhmnell found a letters— it announced- that he had but nine months to live. -'After this apparitionK;"0'-Gunnell-Tio Jonger doubted that there-was Something supernatural in ♦ his mysterious adventurehis fears, his sufferings redoubled, and it was with a deadly terror that be saw the fatal day approach which should bring him a" new fetter. The day .at length arrived, hut nothing ex¬ traordinary-happened to Otiurfriell, and night approached without -his* having received any letter; this excited irr his breast a hope that the charm was broken. Filled with joy, -he returned, towards his dwelling, when, wishing to.cross.a small 1-qn.eiy bridge, -he*met a man who seemed - desirous to dispute tjie passage. Face to face he recognized himgs a poor Cath¬ olic gentleman, whose house he had burnt du¬ ring his last* expedition against- the insurrec¬ tionists in Wexford. O'Gunnell requested him, to make- waybut the other, without budging, Appendix, w stared him in the face-, and said^ " I have wait¬ ed for yon." "Yon~vvait for me !" replied O'G-unBell, « I. have nothing to do with rebels and papists.^' •"Scoundrel!"' cried the old gentleman, *£{ have a care what" yeu say," The bl5od ru-sh'ed to*0'GunnelPs face. " No- man ever insulted me with impunity," he exclaimed, " choose one of these two pistols and defend yourselft" ."^11 that once formed my happiness, has been ravished from me, ravished' by you, and although death seems to. me-preferable to the existence "I now lead", I will not "profit by'the advantage I have over you- oil this occasion. The hand of an- assassin always trembles/' " Does, my hand tremble !" shouted. "Q'.Gun- nell,, -in a paroxysm of rage. The old man smiled disdainfully,-drew, a paper from.his bosom, and presented it to O'Gurmelh See What I have been eharged- to convey to you,".said he with^ifFected calmness. •"•Ha! does* your band tremble now ?" O'Gunnell had hardly taken the paper, when his knees trembled- and he fainted." When, he recovered his consciousness, the old gentlemaa ts» had disappekred, but he saw at- some distance the sombre figure of O'Darcy gazing fixedly upon hihi. . ft would take too much time to -narrate all the* attempts-O'Guumell made to escape- from his persecutory and discard the forebodings which .incessantly beset hkm. - He travelled -Over nearly -all England, -dying from ©ne place {a another, without being able to, evade".those fatal letters which reached him regularly en the first of e very .month, in, spite pf- all the care-he- took to conceal himself from every eye* In this'extremity, he resolved to expatriate himstflf and-go over fa Amsterdam, on a visit to a relative who many-years'previous had es¬ tablish rod-a commercial house m that city. 'Ax* cordingty, ho embarked on a v ship bound for Rotterdam, and when the shores, of England, disappeared from vieiv, it seemed as though a great weight had been removed from his heart, During the night, the sea roughened, and soon a violent .storm having arisen*, the vessel Wasin peril. Q'GwhneH hastened on deck, and- watch¬ ed the sailors lowering, tfie ffiaimail,. when the lightning flashed vividly, afnd he saw among them O'Darcy himself, who flung a letter .seal¬ ed with black at his feet, and was instantly APPENPIX. 229 shrouded in'darkness. It js impossible-to de¬ scribe the anguish which the unhappy man ex¬ perienced* at this sight. He felt that it'was all oyer with him, henceforth not a hope remain¬ ed ; his heart broke with grief and despair. When he readied the residence of his relative, so much .-was he changed they could hardly rgcoguize him. A livid pallor overspread his countenance, -a burning .fever consumed him y. instead of the gay norhpanioiifthe joyous guest' whom fhey-had ©nee known, they found a man prematurely eld, sad, morose; seldom speak¬ ing, and never smilingr His- relative,, pained as much as astonished at this transformation, often questioned O'Gunnell •. but he always evaded a "reply, and qiany .w-teks passed before he inade the slightest disclosure. At length^one.d.ay,-as they promenaded to¬ gether along the canal which traverses the Hee- fen-Cxratt, one of the principal -streets hi Am¬ sterdam,, the merchant urged him more earnest¬ ly -than usual to reveal tire-cause of his condi¬ tion. O'Gannell. piaintained silence. "-If it is remorse that- tortures. you,"_gaid his^ relative,, "you had better geek the consolation of reli¬ gion." *sft APPE-tTMX t ""^.laslv said O'Gunnell, with bitterness, " I cannot pr&y. ' That consolation is denied me. Lhave fm.t a day longer to live -on. earthyand | cart-not prayv ,My persecutor follows me step by step: this e\seaing, at five o'elpek, I shall be aveorpse, and yet I cannot*pray! Behold him,r' even now!'.'/he suddenly ejtdpinaed, trembling in every limb, and ^parting 'with his finger at a tall ydling man 'Who marched glow- Fy'alofeig the other side of the canaF- /They Were obliged to carry CfGiasneli home to. the house of his-relative; he*was- so weak that Ire could suStftiin himself np longer.^ The mferchayt, persuaded that-his malady" Was4pure- ly imaginary, -had -a*clod?; placed ih ftoht of the bed, having previotisly'put the- -hands--forward half an hour. ' In proportion as the fatal mo* merit drew near, the state "of the disease* grew worse; but when the clock Lad s'truck fivS, the- unfortunate man became somewhat better,, an <£ they be^an to conceive hopes of" his recovery. At this critical time/the sound of fctotsteps wag- heard in the- adjoihing apartment, the door was* thrust rudely open, and ^a young man-entered whom they ffca'dil.y- recognised as an Irishman, by his dress. O'Gunnell- raised himself in a APP^DHL 5$ | siltting posture, thjew a rapid glance yjpon tl^§ intruder, and fell back dead in h*is bed. ,It toas the bmther of -Patrick O1 Darcv. ■* " *" SUBSTANCE £)9A , THOMAS ADDIS EMMETT'S ESAMTNATIoX * Before the'Secret Committee of tfie Hqusc of - Lords $ August'li), 1798. # Committee.- Were you.an United Irishman?* Emmett. !&fy lords, I one, y m Com.t Were you a- member .of* the execu¬ tive ? " •' * A ' Emmett: .1 was of Jhe executive .frtajt the1 month. of-hmpary to the month! of May, 1797, and afterwards from December, 1797, till I was arrested. . [I was then asked as to the military organi¬ zation, which I detailodv They them asked 232 APPENDIX. when the feturns included fire rfrms and am-< munition.] Emmett- After thennmrreetionand indem¬ nity acts had been passed, when the people were led to think on resistance, and after 4000 persons hadd>e'en driven_irom the .county of Armagh by the Orangemen. Com. Was not the name of Orangeman* used to terrify the people into the United- system? - Emmett. I,do not know what groundless fears "may* have been propagated by ignorant peogfe; but I am-sure no ubfair advantage was taken by the executive. The Orange princi¬ ples we're fairly discussed, as far as-they were known, and we always found, that wherever it Was attempted to establish a lodge, the United, Irish iacreasedwery much. Lofrl Ell ton. Why, where was it'jendeavor- ed to* introduce them, except in the north, and the c?ity of Dublin ? Emnibtt. -My. lord, I-can't, tell yon all the places in which it was. endeavored, bujt I will name one, in the county of Roscommon, where I am told At made many United Irish¬ men. APPENDJX. 283 Lord Dillon. Well, -that, was but ".very late¬ ly, and I endeavored to resist it.. Cqm. When .wqre 4he first communica¬ tions with Fiance r1 MmmetL Theffirst I heard o.f were after „the, inserrectiong and indemnity acts had been carried ; the first I knew of was *after the French fieet had leftJBpwtry Bay,, and after it was manifest the effort for reform-*would,not; succeed^ and permit me to add, on my*path,dt was my- intention to ffropose to, and from con¬ versations. I had with some, of tfie executive directory, I ana sure it would ft&ve^ been carried there, that if there had beer£ any reasonable hope of referm.b'eing adopted, to sendjono more messenger to France, and.her-shonld have told them fhe difference between the people-and Jhe government was adjusted, and'not to at¬ tempt a second invasion. [They then took me into-detail through Jh© whohf of the negotiations and message-rotated that the demand on our part \fras from five to t6n thousand men, and" forty thousand stand of . arms, by the first agent j that the instructions to the second agent differed b*y requesting more arms in consequence of the disarming of the north, which had intervened, and that the 234 APPENDIX. French had"'promised" we"sho,u'ld" be at perfect liberty to eheoserour own form of government. It was expressly stipulated with them that they should conduct themselves sd.J} Lord Chancellor* As they tlid in "Holland ? ^EfUmett. As Rochahibgau -did in America, my" lords. Thefy then entered on* the subject ■ fn every revolution, and in every war, the people must submit to some priva¬ tions; but I must observe to your lordshisp, 286 APPENDIX. that there is a reciprocity between the buyer 'afid seller, and that- England wauld suffer as much as Ireland, if we did not buy her Coals. However; I wilt grant our fhel would. become dearer for*a time 5 buy by paying a higher price we pould have a fall sufficient abundance from our own *cpal rrjines, and from bogs, by means o-f out .canals. -- Archbishop of Cashel. Why, twelve frig¬ ates w.©utd s'top' up all our ports." Emmett. My lord, you must ffave taken a very imperfect survey off the.'ports onvthe wes¬ tern coasts of this kingdom,* if you ^suppose that twelyp frigates would block them up; and I must observe to you, that if Ireland was for three months separated from England, -the laffpr would pease to be such, a formidable na- • * * ' val power*- Lord Chancellor.' Well, I cannot conceive the separation could last twelve hours. Emmett. T declare to God, I think that if Ireland were separated from England, she wpuld be- the happiest spot on the face of the globe, [At which they all,seemed astonished.] Lord Chancellor. But how could you rely JH>PEMS<. 23.7 * V •* ^ . on- France Jkftt sVfe would keep her promise of not interfering with y^qr government^ _ jfyivtett. _ My reliance, my lords, wqiqmore Irisji power", than*on Freiicl\ promises',' for X jvas convinced, that thoughshe<€otjldi;!j0t easi¬ ly sejt Up th<# standard liyrself, yet,.w*heii it was **4 & '*1 III * * onceTraisear a powerful ^rra^woyld flock to it. nviwcli, organized under its n\yn ckicers, j* T * t * -would hd-V-^no reas'on to clread 100,0QO F.iGij,ch- r;nen, atict we only ^tipulajpd forjjftenlli part of that nyinber. # K "*> * * hord,Kilw(£rdeii. . You seem averse to in- ^ 4 % * *S - Surrectioh; I suppose it was because yoy. tjiougfltf it impolitic,,? ' , * *Emmett. „ Unquestionably: for if I imagin¬ ed an insurrection fcould have succepdqi with- great,wastn^of Jblood and time",.I^Iioold have preferred i£ to iiffeSsion, as it would not ;Jjaye exposed, u^ to the chance of cAiUiiwiulions beingTequired by a foreign force; but»uS.X,did. not thin* so, and as I wa§ ♦certain yin invasic n would succeed 'spe -dilj^and wklioyl^much struggle, J preferred it even .at' the ^ haaard of that lnconvenience^whicii w^ took every'pu ns |o prevent, 4 T Lord jJillon, J\li* Emmett, ycm have stat¬ ed the views otthe executive to bel@t that partial 'insurrection -take place,* Lord Chancellor.«• Were all'the executive arrested or pufr to flight hy the 'arrests of the . ISth of March? ' Emmett. Your lordships will excuse Jny answering to. that question, as it would point out individuals. Lord Chancellor* ~ Did you not thmk * the government very foolish to let you proceed so long as they did I Emmett. No,thy lord; whatever.! imputed to government, I'did not accuse them of folly, I knew we were.ver-y attentively watched, hipt .1 thought .they were right in -letting us pro¬ ceed. I have often said, laughing among pur- selves, that if they, did right, thoy would pay us for conducing the revolution, conceiving, as I,then did, and now do, that*a revolution is inevitable, unless speedily preyentect by very .large measures' of ^conciliation. It soemed to tne an-object with them, that*it should be con- 43TEKDIX. ul ducted by-moderate men, of good moral charac¬ ters, liberal education, and some talents, rather than by intemperate men of bad characters, Ig¬ norant, and foolish; and into the haijds of one or other of those dasses-it undoubtedly will fall. I also, imagined'ther fiforabera of government might be sensible of tire difference between "the change of their situation being'effected by 3 sudden -and violent* convulsion, or by the more gradual-measures of a well conducted re¬ volution. If it were effected sudderfiy. by an insurrection—SlpPI-nCed- not tell your lord¬ 's!] ips, tl\at had there been a general plan of acting, and the north had co-operated with Leinster the last insurrection would haw in¬ fallibly and tetpidly succeeded p in such case, you would be fumbled at-onqe- from your pin¬ nacle; but if a revolution were gradually ac¬ complished^ -you \voiild Jiave* time'to accom¬ modate,*end habituate yourselves to your new situation." 'Forthese- reasons/1-imagin'od~gov- erument did fibfr wish- to-irritate.and push tiling's forward. rd ChaticJdhr.. Pray, do ybu thiiik'Oath- olie emancipation" and:- parliamefuthry* reform afly objects Withdhe common people? ''Emmet!: As to Catholic emanoipatibn,, I - *Dm , don't think it matters a feather,, or that the poor think of it. As to parliamentary reform, I don't think the common people ever thought of it, until it was inculcated to them that a reform wojild cause "a removal- of. those grievances, which they actually do feel. From that time, I believe, they have* beeome very much attach¬ ed to the measure. - Lord Chancellor» And do you think that idea has been - successfully inculcated into the common people ?- Evnmett. It has not been my fortune to communicate much with them an that subject; so that I cannot undertake to say how far it has been successfully inculfcated into them ; but of this I am certain, that since the establishment of the United Irish system, it has been incul¬ cated into all the middling classes, and muoh more among the common" people, than ever it wa% before. Lord' Chancellor. And. what grievances would siich.a reformed-legislature remove? Emmett. In. the first place, it would cause a complete abolition yf tifh.es; in the next, by giving the cbranion people an increased value in the democracy, it would better their situa¬ tion, and make them more respected by tfieif APmroiX. Si& superiors ; the condition of the poor would be ameliorated ; apd what is perhaps of more con¬ sequence than all the rest, a system of national education would be established. Ijord Dillon. The abolition of tithes would be a very good thing,- but don't you think it would be more beneficial to the land- * f * lords than the tenants? „ . * Ai chbishop of Cashel. ^Aye, it is they would benefit by it. Emmett, My lords, I am ready to grant, that if tithes were now abolished, without a reform, there are landlords who would raise thp rent on their tenants, when they were making new leases, the full value of the-titheSj and, if they could,, more; but if a reform suc¬ ceeded. the abolition of tithes, puch a reformed legislature would very badly know, or very badly perform its ditty, if it did not establish such a system of landed tenures as would pre; vfipt landlords from doing so; and let me tell your lordships, that if a revolution ever takes place, a very different system of political economy will be established , from \vhat has Jhitherto pre¬ vailed here. Lord GlenUoorth. Then your intention was to destroy the 'church ? < * 1 * * 9 EinmeUPardon me,.my lokt, my intern* 4^n neverIvas to destroy the'* church. My wish decidedly "was to overturnAho» establish¬ ment. * •Lord Dillon. I understand you*—and have it as*if is in France ? As'it Ts*: t America,"* my.lords. « Dord Kthvardev. Pray, Mr. Emmett, do 'you know of any tmmmunications with Franco since your arrest ? Eyuneft. I do^ my lord, Mr, Cook? tbld me of one. • » . Lord Kihfrarden. ."Bilt don'4 you*in any other way, kfiow whether* communications s+e stilly tfoing on'(jetyccen thfs country and France? DmwctU 4 No; biftl havfe no doubt *that evefi after \te •sfrall hcfve left this countiy, 9 * • m * * there will rdmam among the 500,000 and hp-v wards which Compose the "Ilifioh, maiiy per¬ sons of (fielent talents,* enterprise,* Cnth'u- SiiTsm, aiijj opportunity, who will continue Hie old,- or open a new communication wftlr France, if it sixri.ll be necessary ; aritf iti look¬ ing ovef, in my -own mind, the "persons "whtmi I khenv of most talents anr^nterprise, t cannot help suggesting to -yiyself .tHb persons I think Am&XXX. 245 most likely to do 'so j Bttf I must be -excused pointing at them, , THOMAS ADDIS EMMETT. TEH" EXAMINATION OF TIIOMAS ADD *6 EJJMETT, JSf cjore ilik svsret Qmuwtttce of ike House of Goi/nhbuS) August id, 47.93:. *> •- * > Lord Oa^tlereagh mentioned that the wii- jmtesqf,my examination* before the lords had l^een transmitted to them, and that they'only wanted to ask Hie a few questions in explana¬ tion -of those .minutes. The general turn of the » - ■ . «*. v - examination was therefore the same as that ♦ »**«"* ^ # before the uj>per house; but I could observe mil eh more manifestly this time than before, a dp sign, out of my answers, to draixthe conclu¬ sion that lmtiling; would content" the people bat^iiGkuliangpjs as would bc^a d^partffrq frdrc 245 APPEJSDTX, r what -they choose-to call*the English constitrH -tion, and the English system,* 4nd" therefore I presume, they ftieant to infer, that the popular cMms npist be resisted:-at all hazards. The Speaker seemed to me to take the lead in Con¬ ducting the investigation to this point. Lord Costlereagh. Mr. Emmett, 'you said in inquiry, tjiat address is without dote, and was written after the French had-disappeared 'from JBantry Bay, and were generally expected to return. * % Mr. Alexajtden I haye here some resolu- t* + ~ «* * ~ tieps, (which he read, undj which, amsng other. things' sfiokfiof Ihe escteni of (He confiscation;# AFH2ff©lX Sit that would be made in the event of a revolution, and how . they should be applied)—-do you, know any thing of them ? Emm'ett. I have a recollectjou of having read them before ; and if that - recollection be right, they are* resolutions that have been.pas£« ed hy an individual society at -Belfast, and wpre seized at the .arrests' of Barrett, Burn sidu, and others Mr. Alexander. They are the same. Eznmett. Then I hope the committee will draw no inference from-them tfs.. toother vieWs* of the executive pr of the "whole body. Yoq know tfie north well, and that'every man there tiwns his mind moje or less on speculative-poli¬ tics ; but certainly Ihe opinion of a few of th<" leasf informed among them cannot be consid¬ ered as influencing the whole. Mr. J. „C- J^eresford. Aye, but would you bd able to make silch. people give tip their awii opinion, to follow yours? Envmeit. I am Convince a we snouia; be¬ cause I krfoVf we have done it before, pn points wh«efe their opinions and wishes were very strong. Mr. Alexander* "How did you hope to 2l£* AI?%$535i£ " hold the *■ people in or(fer an^l "good conduct wtttm tlie rems'ef goveyiment Were loosened ? jF^lwictt. By other equally powerful rein's. It yres for this purpose that I considered the pr.0- inot,ing ofi organization to be a morpl-duty. IlaV- higjio*-dohb^tfyat a rCVdkftion would,% and will -take place, uidess pr§vepted by removing the national grievances, I siftV" m the organisation the only way q£ preventing it 3* being spell tis wtaild'^ve the nation lastingrilses of gfief .and sfratne. Wlu3ther there" be organization or not, the rcyolfition will'take pface hilt? if t^e people be classed.and asgaug^d for ^he'pitr- posy fl^e control w.llich*heads ©fkkep:b\vn ap* ppiutmciit \$bH have, over .then^ b j tfipns of tjie different, degree,? of representation, and or- g^is of communication, will,.J hope. preVent tueni4iotn-committing those gets of outrank arat'oh "frduf England v but tbey would probably liaVe compounded for a reform -in jititliamemt.*' .Am I inn .right, 'however, in. understanding that the object heviPtteir hearts Vas-fi: rcppratioifanS. aVepublic 1 Iuhimeilj: Paulou'me, the object next their hearts Tvas a-h'edvess of their grift vaifces; two liiodes "of aceoh>pfis3iihg that objeftt presented tiiemselrps'lb tlxeir view p oife was a reform by pedceahfe means^-the other was a revolution imd rcjHihlic, "fliave wo.dtufb't but that if-they could have iialtered themselves-that the object 559 APPENDIX. next-tkeir hearts would, be accomplished peace¬ ably, by a jefbrnr, they would prefer it infin¬ itely to a revolution and republic, which must be more bloody in the if operation ; Obut I am also conyinced, when they saw they could not accomplish the object- next their hearts, a-re¬ dress of their grievances, by a reform, they de¬ termined in .despair to procure it by a revolu-^" ticwa, which X am persuaded is inevitable, un¬ less a reform be granted. Speakers . Xoh. say .that-a revolution, is in¬ evitable, unless a peferm -be granted: What- would be the consequence of such a reform irl redressing jvhal you-call the grievances of thq people ? Emmett. In, the'first plade, -I look tcr"the abolition of tithes. I ►think such a reformed legislature would product mi amelioration o'f the state- of the pqor, and a dlmunitiftn ojf the rents of lands, would establish, a system of na¬ tional education3 would t'egdlate the commer¬ cial intercourse bqfween Great IBritian- and Ire¬ land, on the footing of4perfect ^equality, and correct, the blpcfdy .nature of your .criminal code. t . .Speakers You, spe^k of the .abolition* of APPEymX. t S61 tithes ; do yoii include io»th^t- the .destruction, of the establishment? r Effimett. I havamyself ha d ject as tenants more tft_an as "Catholics, and in common with the rest -of the' tenantry of the "kihgdpm; anehaf.apy other -way of paying even a protcstartb establishnfent, which .did not bear so sensibly on their industry, wq^e to take place, I believe it would gU a great, w'ay to content .thenl; thotfgh I confess it would Hot content nie; -but J -must odd, that'I would (I am sure so- wbuld many others who think 'of establishments Kke rne)( eonsept to giye the present incumbents equivalent pensions* * Lord"dastlezeaglu "Don't you think the •6S A^TSJfDlX. Catholittsloak to accomplishing the destruction of the establishment? Einmett. "From' the declaration they made in 1792, or 1793,»I am sure they'did not then ; I'cannot say how far their opinions may havo altered since, but from many among them pro¬ posing a substitute for tithes-, I- am led to be¬ lieve the}?- may not yet be gone sq far. Lord Cffstle-redgh. But don't y©u think - tlioy will look to its destruction ? Emineit. I Cannot pay-so .bad a compli¬ ment to the reasohS which have ' convinced myself, as not to -suppose they Will convince others. As the hitman jnind gfrow-s phllosry* phic.it will, I-think, ynsh for the destruction, of all re!i5>ous*estab 1 i sh me w ts, and therefore, in proportion as the -cafUoli^ unitad be£orae» philosopluQ, \X will of cotlrse enteJElm the same wishes—but I consider thaf as,tire result of its philosophy, atid nof of its religion. Lord Castdsriagiu "Don't you think the catholics would wish to set up a fntholic esta¬ blishment, in lieu of tlm-protcstani One ? * "Emmett. Iwdeed X e.von at the pre*, sent day ; perhaps some old-priests.. who* ha-vo long groaned-ifhder the pe«ftHaws;«ight wish for.a retribution to themselves—but I don't Aprzroix. ft* think the ymmg priests Vrish for" it, and I am convinced the laity v/onld not submit to it, and that the -objections to it will be-every day gaining strength, * Speaker. You also mention that a reform would dinfmish the* rents of lands; how do you think that- wootid be "done ? Emmett. I am convinced rack rents cair only take place in a country otherwise essen¬ tially oppressed; if the v-alu^cf*the people Xpas raised in the state, their imnortance would ' A- * influence the landlords to consult their inter¬ ests, and 'therofore'to better 'their condition. Thus I think, it.wo-ifld take place,#nven with¬ out any law bearing tipoiilho matter. Mr. Alexander. * Mr. Emmett, yah have gone circuit for many years; now haVe yon no? ohsesved 'that the co'nditier\ cf the people has been"gradually bettering? ' , Emmett. Admitting that the face of the country has assumed a better appearance; if you attribute*^ t"o the operation of any laws you have'passed, I must only declare my opin¬ ion, it is post hoe sed "nbn ex hoc. As far as the situation of th6 lower orders lias been bet¬ tered in Ireland, it results from the increased knowledge, commerce, and iiifercourse of the APPENDIX. different states.of Europe with one another, and is enjoyed in this oountry only in common with the -rest of civilized Europe-and America. I believe the lower orders in all thosn eountries have been improved in their condition within these twenty years, but X doubt whether 'the poor of this kingdom have been bettered in a greater proportion than the poor in the despotic states of Germany. . 'Speaker* You mention an. improved sys¬ tem of national education; are. there nof as many schools in Ireland as in England ? Ejnmett. 1 believe there are, and that there is in proportion as great a fund in Ireland as- in Englandjjf it were,fairly applie.d ; but there is this great difference, the schools are protestant schools, which aliswer very Well.iif England, but do little good among the catholic peasant¬ ry in Ireland—Another thing to be considered isj that stronger pleasures, are necessary for educating, the Irish people than are necessary in England: in the latter country, no steps were .taken to, counteract the progress of knowledge; it had fair play, and was gradu¬ ally advancing ; but in Iceland you have bru¬ talized the vulgar mind, by long continued operation o£ thje popery laws, which, Chough AFFESEIX £35- they are repealed, have left an effect that will not cease these ^fifty years. It is incumbent then on you to coiy>teiact that effect by mea¬ sures which are ndt equally necessary in En¬ gland. Speaker. You mentioned the criminal code; in what does that differ from the English? Emmett. .It seems to me,, that it .would be more* advisable, in reviewing ouf criminal la"\y5, to corppare the crime with the punish¬ ment, than the Irish code with thfe English; there is, however. One difference" -that occurs to me on the instant—admin isteMng unlawful oaths is in Ireland punished with death. Eord Castlereagh. That is aTaw connect¬ ed witlj the security of the state. Emmett.- If it T intended to keep up the ferment of the pirblic mind, such laws may be necessary; but if it be intended t© allay the ferment, they are perfectly, useless. Speaker,. Would putting.the commercial inf our 300; eve if that Woutd he a gain to Ireland ; hut that there should he no'mistake; or confusion of' AFpEKOTX terms, let us drop the equivocal words of En- ghsji. constitiitibriy and then I answer,, I would dot understood to.-say, that the government, of king, lords and commons, would be destroy- «d by a reform of tlie lower house. Lord Castlereagh. And'don't, you think that such a house could, not co-exist with, the government of .king and lords ? „ JEmmeti. If it would not, my lord, the eu- logi^s.that have, been passed on, thei British constitution are very rauqh misplaced: but I think they could all exist together, the king and lords meant fairly by the people; if they should persist'in designs hostile to tire people, I do belie.ve they would be pyeitfhrown. [ft was. then intimafed,. that thpy had got into a theoretical discussion, and tli£t what they wished to enquire into was^facjts.] 'Sir*F. Parnol. Mr. •Emmettf while you and tip« executive ^were philosophising,' Lord Edward -Fitzgerald was arming mid disciplin¬ ing the people, ^ ; EmmeiL Lord Edward was a military man,' and if was doing so, he probably thcrught that was the way in which he could be most useful to the country; Jhnt I am sure, that if those? with whom he acted were con- m APPEXDIX. Yinced that the grievances of the people were redressed, and that force was become unne¬ cessary, -he would have been persuaded to drop all armitfg and 'disciplining. Mr. J. C. Beresford. I knew LordT Ed¬ ward well, and always found hup very obsti¬ nate. Emmett. I knew Lord Edward right well, and have -done a great deal of, business with him, and have always found, when he had a reliance on the integrity and tale'nts of the per¬ son he anted with, he was one of the most per¬ suadable men alive—but if'he thdught a man meant dishonestly or unfairly Joy hirn, he was as obstinate as a tfiule. [Many questions were then put to me rela¬ tive to different papers and proceedings of the United Irish; among the rest, John Sheares's proclamation was mentioned with considerable Severity. J took that opportunity of declaring, that neither the execution of John Sheares, or the obloquy that was endeavored to .be Cast on* his memory, should • prevent my declaring that I considered John Sheares a very honora¬ ble and humane man.] " Mr. French, Mr, Emmett, can you point A2PE2TDIX, out any -way of inducing the people to give Up their arms ? Emmett. Redressing their grievances, a$d Iio other. Eord Castlereagh. Mr. Emmett, we are unwillingly obliged to close this examination by the sitting of the house.' Emmett. My lord, jf it be the vPish of the oonjmittee, I will attend it any other time. Lord Casflereagh. If we want you, then we shall seild for you. After the regular examination was closed, I was a£ked by many of the members whether there were many persons of property in the Union. I answered that there was immense property in it. They acknowledged there was great personal property in it, but v^itehed to know was there much landed property; I an¬ swered-there was. They ksked me was it fee .simple; to that I could give no answer. The attornby-general said there was in it manyland^ holders who had large tracts of land, and felt their landlords to be great grievances. / I ad*' mitted that to be the, fact,- They asked me had wd proivded any form of government. I told thdm we had a provisional governmen for the.instantj -which we retained id memory \ JWW APPENDIX bwt.as.-to any permanent /orm of government, we tliought that, and mapy other matters re¬ lating to the changes which would .become necessary, were not proper objects for our dis¬ cission, but should be referred to acommittce chosen by the people. They did not ask what the provisional gov¬ ernment was, THE IRISH PATRIOTS OPH& As matter not intimately/ though remotely connected with, this work, we append here a brief sketch of the Irish patrcts of a laie day j among, the most prominent of whom was John Mitchell. lie was tried and condemned for the fearless expression of his opinions in rela¬ tion to the duty of Irishmen. We jare indebted /or the following apcount of the. trial to v The Felon's Track," by Michiel Dohent, one of the patriots : Mitchel's.arrest, under the- treason felony act APPENDIX. Ml "was not unexpected. But assoonas.it was as¬ certained that he was lodged ih. Newgate, his fate engaged, the entire care of his co-confeder¬ ates, The question at once arose ^whether, if a rescue were attempted, there were Resour¬ ces to ensure even a decent.jstand. It was as¬ certained that the supply of arms and ammuni¬ tion was scanty'and imperfect, and' -the supply of food still scant jer. Thq people had been de- cimafecLby three years of famine: and no want could he more appalling than the want of food. On inquiry, it was found that there was not provision for thijee days • in the capital, which depended on daily arrivals for its daily bread. Throughout, the country, the supply was even mor_e precarious. The Government had in their o\yn hands the uncontrolled power of pre¬ venting the arrival of a single grain of corrr; and, if fo minded, could starve Jjie island-in h fortnight, supposing the people were even able to possess themselves of alf the cattle in the country. These were some of the considerations which influenced the decision*of Mr. Mitchel's com¬ rades. Whether the opinion were or Were not a correct one, they acted on the conviction that under all the circumstances, any attempt to res- 12 :26i APPENDIX. Cue him would evpntuate in a street row, which would entail not only defeat, ^but disgrace. If they could but persuade themselves that a blo\v might be struck, even though defeat and death followed, they most certainly would have at¬ tempted it. It was generally understood, on the day before the triafj that the idea of a res¬ cue was abandoned; and thep rial-commenced, amidst gloomy presentiments and* blighted hopes. After hours of quibbling and* legal fencing, a jury was selected, by the crownr to convict. * From the moment they went through 'the blasphemous process of swearing to give a true, verdict, John Mitchel's fate was sealed* I pass over, the details, and come to the last act in the infamous drama, called his_ trial. The following account of the closing 'scene "is not mine. Feeling inadequate to describe a 'scene of'which even a distinct recollection is exciting, I asked a friend who -fell the deepest interest ill the trial; to describe it. With what he has written I entirely agree, sgve one sen¬ tence. He says that it was owing to tlie action of the council of the Confederation John Mitch¬ el's person^ friends were allowed to be assault¬ ed, with impunity, by the police. I do not think so. With respect to the decision of the APPENDIX. 263 ••council, I feel bound to assume my share of its responsibility, although I yielded to it wrth'the utmost reluctance ^nd regret. Oil the morning of Saturday^ the 27th May, J.849, the court waserowded to a greater excess than usual, even in those days. About the empty dock-were.the personal friends ©f Mr. Mitchel, those who agreed'with him, and tho&e who did not. A little retired on either side sat John Martin and John fienyon—in front were William H. MMehe-1, brother of the marked his night-bird face. Even yet it was hoped the great opponent of his " government," whom by rascality alone he could convict, would strike his colors, and APPENDIX. 265 sue for mercy. Even yet it was feared, that a •escue would be attempted. How possibly the. former was,-the reader may judge. The lat¬ ter was rendered impossible by the council of the Confederation, and tjie few who cherished the design in th$ councils despite, had attempt¬ ed an. cmeute*X he night previous, aricl were beaten and placed hors da combat. As Monag- j>an apd his retainers entered, the red face of Lefroy oozed through the bench curtains, .and followed by the .pale Moor, " the court was seated-". As yet the dock w&s empty, saveMhat the jailer of Newgate andfii^ deputy occupied each a corner. *There was dea&silence. 1. * ■ " Jailer, put forward John Michel," said the official, whose duty is to make such orders, A grating of bolts—a rustling of chains, were heard behind. The low door-way at the hack of the dock opened, and between turnkeys Mitchel entered. Ascending the steps to the front of the dock, and lifting, as be advanced, the glazed dark cap die wo«e during his imprisonment, as gracefully a§ if he entered a drawffig-room. he took his stand in a firm biffr easy- attitude. His appear¬ ance was equally removed from hrav.ado and 206 APPENDIX. fear. His features, usually placid and pale, had .a rigid clearness about th^m that day, we carr never forget. They seemed, from their transparency and firmness; Like some wondrous imagination of the artist's ehisel, in-which th©. marble, fancying itself human, had begun to bre&the. „ The eye was calm and bright—the mouth, the feature round which-danger loves to play, though easy, motionless, and with lips,, apart, had about* it an air of immobility and quiet scorn, which was not the effect of-muscu¬ lar action, but of nature in repose. And in his whole appearance, features, attitude and look, there was a conscious pride and. superiority over his opponents, which, though mi presum¬ ing tmd urbane, seemed to speak louder than words—I am the'-vietor here to-day»" He saluted quietly those friends about the dock he had not that day seen, conversing with one or two, and bowing to those at a dis¬ tance. He then'directed his eyes to the court. After some preliminary forms, Baron LeJSroy commenced operations, by stating that fie had called on the case the first that morning, in or¬ der togive time for any application to be made in court by,*or on behalf of, the prisoner of. the crown. APPENDIX. 261 Again there was # silence of some minutes. Tfig judges looked at each other inquiringly. The crown prosecutor watched the prisoner's counsel. Upon the prisoner .himself another eyes were fixed. There was no reply, "Business proceeded." The "Clerk of the Crown " .rising ti ask the usual question—"If Mr. Mitchel had anything to say why judgment should not "he passed.upon him?" " I have," he answered and after a moment¬ ary look at judges, jury-box:, and sheriff, he slowly continued. - "I have to say that I have been tried by a packed jury—by thb jury of a partisan sheriff—by a jury.not .empanelled, even according to the law of England. I have been found guilty" by a packed jury obtained by a juggle—a jury norjempaneiled by a sheriff, but by a juggler." Here he was interrupted by the sheriff ris¬ ing, and, in high indignation, claiming the pro¬ tection of the court. " That is the reason," continued Mitchel, "that is the reason why I object to the sen¬ tence being pass'edon me." "-That imputation,'" interrupted - Lefroy, "upon the conduct ofitlie -sheriff I must pro- 263 AP'PENDIX. nounce to be most unwarranted and unfound¬ ed." And this discriminating judge continued to show'that the imputation was so—conclud¬ ing with the- assertion that the sheriff " had done his duty in the*case." Then without pausing, he proceeded to the usual lecture, full of the hypocritical cant with which .British judges usually preface their "awards; however infamous. He alluded to the personal condi¬ tion of Mr. MitcheJ, and expressed his regrets that a person of such merits should be in such circumstances. Then having dilated 011 the enormity of the offence, he assured Mr. Mitchel that he had been found guilty of many heinous charges against the Queen and the Imperial Cro\tai, and among others, of feloniously-intend¬ ing to levy war upon that gentlewoman, and that the evidence anas furnished by the prison¬ er's self. "How, therefore," he continued, "you think yourself justified in calling it*the verdict of a packed jury, and tjius imputing perjury to twelve of your countrymen—deliber¬ ate and wilful perjhry— "No,"- interrupted die prisoner," "I did not impute perjury to the jury." "I understood,"" .sgjd the' speaker on the bench, "that.you Had stated, in arrest ofjtidg- APPENDIX. £09 iTL£Tit,„that you had been fdund guilty by a packed jury." "I dick," was the reply. Robert Holnlers- rose, during the judge's speech, and said, "My lords, with tfip greatest respect, wfyat I was, that though he might Jbe. statutably guilty, he .was not, in my opinion, morally guilty. I repeat that' opinion now." This avowpT, so hojdly and firmly made by the veteran Republican, Was answered by all the audience, not pensiqne,d, with plaudits. JBarou Lefroy would Say 110 more on that point, only that the. court could not acquie§ee in a line of defence " which appeared to it very little short of, or amounting to, as objectiona¬ ble matter*^ ^iat '£or wMch the prisoiier.had been found guilty." "Ij" replied ihe aged advocate, "I am an¬ swerable for that under ^our act. of"Parlia¬ ment." Loud applause followed. "Are there no policemen in -court ?" shouted Baron Lefroy. The High Sheriff "had given strict orders," fie said, "to" have all removed who would in¬ terrupt." "Make prisoners of them," said the judge. "I -wish you to understand," he con¬ tinued, still excited, and addressing Mr. Mitchel, 210 Appprsix. who during these episodes, stood tin moVed, 'Hh.it'we have with the? utmost anxiety, ahd with i vl® 1V-F0 cciiicr to a tkcfdmi upon the measure of punishment whidfi it would be bur duty to ifnpose* postp&ned the passing of sen¬ tence on you until this* morning." Then, hav¬ ing stated the various Considerations udiich In¬ duced him to lielieve tfiat the punishment should bejenient-aiid'the equally various con¬ siderations which induced .him* to believe "the contrary, Lefroy concluded as follows: "tVe had to consider all this—to look at the magni¬ tude ©f the crime, nnd to look gjso at the con¬ spiration, *that if this jvcre not the* first cage btought.under the act, our'duty • might ha^e obliged Ms to carry out the peiulltyj? awards to therutmost extent; but, takirigMnt <%c on s ide r&- tion?4hat this is "the firsf conviction*'under the act—though the'offence has deen as* clearly proved as any offence under the act could'be— the sentence of thd cou/t' is, that yon be brans- ported beyond the. seas for the term qf four- teen years." The listeners to the "hyprocritical sentence which concluded Lefroy's speech, heard the sentence with astonishment and indignation. Mr. Mitch'el merely asked, apparently Without APPENDIX. 271 -any astonishment if he might now address some remarks to the court. The leave asked granted, and a silence still as death await¬ ed |he prisoner. "The law," he said, in-his usual manly tone, aftd unexeited manne#, "the*lawhas now done its part^ and. the Glue.en of Srigland, her crown and government ill Ireland ^ara now secure— < pursuant, tci act of Parliament.' I have don© my part, -also. Three months Sigo, I promised "Lord ClarencToii, and his government in this country, that I would provoke huh into his * courts of justice,'-as places .of this kind are nailed, and that I Would force him publicly and notoriously to pack a jury against me to con¬ vict me,, or eljse that I- would walk out a free man froth this dock to meet him m another field, "My lord, I- knew.I was setting my life on that cast; but f warned him that, in either case, the-wictory would be with me; and the vic¬ tory is with me.. Neither the 'jury, noi> the judgeg, nor any other man in this * court, pre¬ sumes to imagine that it is a criminal who stand's in this dock," Pie was interrupted with the plaudits of the auditory; and again, continued: 272 APPtfXDfX. " I have kept ray word.- i have-showriwhatf ,the law is made of in Ireland. I have shown that her majesty's government sustains itself in Ireland by packed juries, b'y partisan judges, by perjured' sheriffs* " * Here he was illte'rrupted by Lefroy, who said, "the court could noVsit 'there- to l^eaf him arraign the jurDfs.of *the country, .the sh£R.ffs of the country, the adlninistratiorL of "justice, the tcnute by* which the crown of England holds that crrjintfy. The trial was over. EveryJ thing the prisoner had to say previous to the judgment, the court was ready to hear, ana-did hear." They couldliot suffer him ("Mr. Mitcliel) to stahd'at that lxrr to repeat, vefy uearly; a re¬ petition of the offence for whicl} he. had been sentenced." "I will not *say," Mr. Mitchal continued, "anything more of that kind, But I say this—" Lefroy fcgain interrupted hitn, to the effect that, within certain limits the prisoner might proceed. "I have acted," he then said, have acted all through this business, from the first, under a strong s.ensq of duty. I do not regret anything I have done, and I jjelicve ihat.the 'Course APPENDIX. tl 3 which I have opened is only commenced- The Roman," he continued in one of 4hose bursts of -eloquence, with which he used. to efectrify men, stretching forth l>is clenched haiad and arm, "the Roman who saw his hand*b\irn- jng to ashes- before* the tyta-ct^ promised that three hundred should follow out his enterprise- Can I rfot promise for ene, for two, for three, aye for liundreds?" ."Here he pointed to his* friends/Reilfy', Mar¬ tin, and Meagher. A burst of wild enthusiasm followed— "Officer! officer!- remove Mr. Mitchel,'^as heard fronr Lefroy. A ru3h was shade on the « - # •dock, and the foremost ranks sprung from th^ galleries, with -outstretched arms*to vow with him too." The judges rushed 111 terror from the benches-—tiro turnkeys-seized the hero, and in a-scene of wild confusion he "half -\vaJked, and -was half* 'forced- Jhrough the lo*W_, dark doojf-way in the rear, waving »his- hand in a quiet' farewell. The bolig grated, the gate slainmed, and he was- seen no tnore-w Men. stood in affright, and looked in each others' faces- wohdermgly. They had seen a Roman sacrifice in #this- modern world7 and they were mute. APPENDIX. # % t *> An hour elapsed—th£ excited crowd had parsed a Way; juid the partisan judges, nervous and ill at ease, ventured upon the bench again. .They were seated and seemed to be settling down to get--through "busiu#ss"f as well asi they could," when Mr. Holme^, "whose defence of Mr. Mitchel had been so offensive to them, rose. "My lords,"' f}e said, ^ I thinly I had a perfect-right tguse tjia language I did ye&erday. I wish now to state that what I-said yesterday as an advocate, I adopt to-day, as my own opin¬ ion. I here a^sow «aU I have said ; and, per- "haps, undef this late -act o-f,parliament, her Ma¬ jesty's Attorney-General, if I have violated the law, may thiflk it his'duty^tQ proceed against me imthat way. But if i have violated the law in anything I said, I must, with great re¬ spect tcf the Court, assert" that I had a perfect right to state .what I stated; arid now I say jn deliberation, that- the sentiments I expressed with respect to England, and her treatment of this country, are my sentiments, and I here openly avow them-^ The Attorney-General is present—?X retract nothing—fliese are my well judged sentiments—these are my opinions, as to the relative position of Englond and Ireland, APPEXMX. Y/3 and if I have, as you sebm to insinuate, viola-4 ted tbg lay/ by sfetlhg those opinions, I notv deliberately do so again: Let-her* Majesty's Attorney-General da his duty to his govern¬ ment, I have done mine to myxountry.'^ Such was the conclusion of tfye trial of John Mitchcl. The b*other-in-la\V and friend of Ro¬ bert Eromett, ' tfie republican of our fathers' day's, came to attest the Justice of the republican of our own, ond to vj§ with hint in defying and scorning the infamous laws of'England. It is needless to say} that the English officials did not dare accept the challenge so nobly and defiantly filing "dorym before the very dock: whence onevietim had just been borne. • T fbel tempted to add a word" of a scene that intervened, in whichT took a' part. When the * sheriff recovered his-self-possession, he ordered Sevdtal to be arrestedamong othehs,^ Mr. Meagher. The officer who seized him acted, rudely and Violently, which led tt> further corn- fusion, and the exchange of blows. * At last Mr. Meagher and myself were sechfed and removed to prison. When order was-restored> we were brought Sut before the- court, and asked for an expression, of regret. I answered, that having hesfrd %. Mk6hel express, in *he dock, senti- 276 APPENDIX. ■merits in which* I errtrely concurred, I toqk Immediate occasion refusing e.ve'11 to join in the ex¬ pression of fegret "made far but not Jby Mr. Meagher. On the s^me day on .which the above scfene took* pkce^-JFolin Mifchel was borne in irons from the landof his love, the'wife of his bosom, and the children of his heart. fNext-iti the list came Mr. O'Doherty, who was put on his trial. "The jury," says Mr. Doheny,." Was of the stamp, usual in such cases in Ireland. But a point of great impor¬ tance was raised by his counsel, as to the pub- h rPENBIX. 217 lisher's intention to commit the felony, which they insisted should be proved, to bring his casfe within the provision of the treason Telony act. The court, composed of Chief Baron Pigot ajld Baron Pennefather, gave an opinion favorable to this construction, and the jury refused to conviet, for1 which the Castle Organ did not hesitate to pronounce them perjurors. Every one supposed and rejoiced that Mr. O'Doherfy had escaped*; but the Vengeance of the Attor¬ ney-General was far frohi satisfied, and he had ample satisfaction on a future day. On the' 16t"h of August, John Martin was placed- at the bar, before the same judges. The instincts of the official, .exasperated by defeat, exercised a keener vigilance in selecting a]jury; and one was finally sworn that did not disap¬ point his sagacity. They'found a verdict of guilty without hesitation; but recommended th,e prisoner to meroy, which in" that case 'was a*distinct contradiction of their oaths. The composition of the jury, and the character of the prosecution, will be best understood by a perusal of the subjoined" Speech. No higher proof could be given, of his purity of purpose, elevation of sentiment, and goodness of heart. On the 19th of August he Was called up to-re- 278 APPENDIX. ceive sentence. He stood in the spot, hallow¬ ed by the^ footprints of Robert Emmett and John Mitchel; nor was the heart he brought to" the same sacrifice less worthy than theirs. Upon his benevolent pountenance, or stout heart, Ihe appliances of terror around him had no effect. He stood unmoved ahd unawed, in the glorious consciousness that he had fulfilled his duty to his friend and t© hjs country, When asked what he had to say why sen¬ tence should not be passed" upon him, he re¬ plied : : My Lords :—I have no imputation to cast upon the berrcli, neither have I anything of unfairness" toward myself to'charge the jury with. 1 think the judges desired to do their duty fairly, .as upright judges and men, and that the twelve -men .who were put into the box, not to try, but to convict me, voted hon¬ estly according to their prejudices. 1 have no personal enmity against the sheriff, sub.-sheriff, or any other gentleman connected with the ar¬ rangements of the jury panel, nor against the Attorney-G.eneral, or any other person engaged in the proceedings called my trial. But, my lords, I consider I have not yet been tried L There have heen.certain formalities carried on APPENDIX. 279 here for three days, hut I havenot been put up¬ on my country, according to the constitution said ta exist-in Ireland! " Twelve of my countrymen, 'indifferently chosen,' have not been put into the jury-box to try me, hut twelve men, who, -1 believe, have beep selected bylthe par-ties who repre¬ sent the* .crown, for the purpose of convicting x and not of trying me. "Every person knows that what I have .sta¬ ted is the fact-; "hnd J would represent to the judges, most respectfully, that they, .as honora¬ ble judges, and as upright citizens, ought to see that the administration of justice, in this coun¬ try, is above suspicion. I have nothing more] to'say »wkh regard .to the trial; but would be thankful to the court for permission to say a few; words after sentence is passed." Chief Baron and Baron Pepnefather, -"No? We cannot hear anything from you after sen¬ tence is pronounced." ."Then, my lorels, permit me to say, that ad¬ mitting the narrow and confined constitutional doctrines, which I have heard preached in this court,, to. be right, I am- not guilty of the charge according to this act1 In the article .of. mine, O , - v oil which the jury framed their verdict, which 280 APPENDIX. was Written in prison, and published in the last number of my paper, what I* desired to do was this, to advise and encourage my countrymen to keep their arms ; because that is'their ina¬ lienable right, which no act of Parliament, no proclamation can take away from them. It is., I tepeat, their inalienable right. I advised them to keep their arms f and furthe'r, I advised them to use their arms in their Own defence •against all assailants—even assailants that fiiight come to attack them unconstitutionally, and improperly, using, the Q,yeen's name as their sanction. "My object in all' my proceedings has been simply to establish the independence of Ireland for the benefit of all the 'people of Ireland— tioblemen, clergymen, judges, professional men —in fact, all Irishmen. • I* soMg*fit that object first, because I thought it was our right; be¬ cause I thought., and think still, national inde¬ pendence was the right of the people of this countty. And secondly, I admit, that being a man who loves retirement, I never would have engaged in politics did I not think it necessary to do all ip. my power -to make an" end of. the liorrible scenes the country presents—the pau¬ perism and starvation, and cririie, and vice, &nd APPENDIX. 3 281 the hatred of all classes- against each ' other. I thought there should be an end to that horrible system, which while it lasted, gave *yie no peace of mind, for I could not enjoy anything in my country, so long as Fsaw my country¬ men forced'to be vicious, •'forced, to hate each other, and degraded to the level of paupers and brutes. This _ is the reason I engaged in politics. "I acknowledge,.as the solicitor-general has said, that I was but a weak assailant of-the En¬ glish power. I am not a good writer, and I am n6 orator. I had only two weeks experience in conducting a newspaper until I was put into jail. But I am satisfied to direct the attention of my countrymen to everything I have ever written,, and to rest my character on a fair ex¬ amination of what I have put forward as my opinions. I shall .say nothing in vindication of my motives but this, that every fair and hon¬ est man, no matter how prejudiced he may be, if he calmly-considers what I have written and said, will be satisfied that my^motives were pure and honorable. I have nothing ^rnore to .say." The Chief Baron, in passing sentence, allud¬ ed to the jury's " recommendation to mercy." 3S2 APPENDIX Mh- Martin. "I can not condescend to ac¬ cept mercy where I believe I have been moral¬ ly right. I want justice, not mercy." He was then sentenced to ten years' trans¬ portation. -On two successive occasions, the jury em¬ panelled by the government, and carefully packed to serve their end, refiised to convict Mr. O'Doherty.. He was placed on his trial a third time, on the' 30th of October, prosecuted with the same enduring malignity,"and a ver¬ dict of guilty, suspected to be the result of a fraud practised on the jury, was returned. Mr. Williams, who was joint proprietor of the Tri¬ bune, - and jointly responsible, was acquitted, after a protracted trial oir the -3d of November, the jury being of opinion that although the arti- ' cles given in evidence were felonious, there 'was no proof to satisfy them that the proprie¬ tors, when publishing them, did so with a felon¬ ious intent: This distinctihn arose in conse¬ quence of the fair arid candid construction of the felony act, given by Chief Baron Pigot and l^aron Pennefather, on Mr. ODoherty's first trial, to the effect that the jury should be satisfied of the publisher's felonious intent; a construction which the present Judges Cramp- APPENDIX. 2es ton and Torre.ns would not dare to contradict. Notwithstanding this, just as the words, not guilty, were pronounced" by the jury, in Mr. Williams' case, despite the most flagrant .and audacious bdllying of the bench, Mr. O'Doher- ly was called up for judgment. Among all the martyr-band whom this yea* .consigned to doom, not one behaved himself with truer or nobler heroism ; not one, either, whose fat.e commands a deeper sympathy. Under thirty years of age, largely gifted, with most respect¬ able connections, a high place in society, bril¬ liant prospects, and so unostentatious in his enthusiasm, -that it was only then his country heard of his devotion, and learned his worth ; there he stood with as lofty consciousness and as brave a heart as ever consecrated" the scaf¬ fold or the battle-plain. ""Judge Crampton pronounced the sentence. Nature has ' supplied his lordship with charac¬ teristics of countenance .admirably, befitting such a scene. Had he been-Only elevated to the kindred office of actual' executioner, he would have been spared the expense of a mask ; for without it, no one could look- into hi's eyes. Of course, he was teemiftg with compassion and regret, which jointly "resulted ill a sentence 284 APPENDIX. of transportation for ten years. Mr. O'Doher- ty, who stood unmoved, after a few prelimina¬ ry observations in reference to the unfairness of his trial, spoke as follows : Mr. O'Doherty.—" I would feel much ob¬ liged if your lordship would permit me to men¬ tion a few more words with reference to my motives throughout this affair. I had but one object and purpose in view. I did feel deeply for the sufferings and privations endured by my fellow-countrymeiv I did- wish, by all means, consistent with a manly and honorable resis¬ tance, to assist in putting an end to that suffer¬ ing. It is very true, and I will confess it, that I desired an open resistance of the people to that government, which, in my judgment, entailed these sufferings upon them. I have, used the words open and honorable resistance in order that I might refer to one of the articles brought in evidence against me, in which the writer suggests such things as flinging burning hoops on the soldiery. My lords, these are no senti¬ ments of mine. • I did not write that article. I did not see it or know *of it until I read it when published in the paper. But I did not bring the writer of it here on the table. Why ? I knew that if I were, to do so, it would be on- APPENDIX. 285 ly handing him ow at-the court-house doors to what one of the witnesses has very properly -called the fangs of the Attorney-Os enaral. With respect to* tnyself A have no fears: I trust 'I Will he enabled to bear my sentence with all' the forbearance due to what I believe to-be' the opinion of twelve conscientious enemies to me, and f will - bear with due patience, the Wrath of the government -whose* jpaouthpiacb tliey were- but I will never, c^se to deplpre the destiny that gave me birth. In this-country,* and .Compelled pie,. an Irishman, to 'receive a\yoor hands' a felon\ tloom for "discharging what I conceived, and what I still conceive,' to be my duty." Mr. Smith O'Erce-v, is another name "that* fills the breast^qf an Irishman with enthusiasm and we gife below a.shorf account of his trial, with that ofhis illustrious comrades, from* the same work quoted above : • llhe 6th of "August jwajs the date, of Mr O'j&rien's arrest,- the" 13th fcf*August-that*of Messrs.. Meagher and 0"Donohoe,'and the ?tli of Septernber. that" of *Mri *McManus. Mr% O'Brien was .taken at the * TJiurles station hpuse; Messrs. Meagher and O'Donqhoe, near Eathgdnnon, oh the roa/1 bctwebe Cfonoulty is 286 APPENDIX and Holy-cross, aboujt five miles from ThtirleS, and McManus on board the ship N. D. Chase, in the bay of'Cove, on the 7th of September. They were each conveyed to Kilmainham jail, in the first instance, where they remained until within a few days of the opening of the special commission at Clonmell. This took place on Thursday, the 21st of Sept., when the bills were found, but six days were allowed to Mr." O'Brien and the rest-of the prisoners, to'peruse the indictment," with copies of which they were respectively furnished. On Thursday, the*28th, the trial of Mr. O'Brien commenced; that of Mr. McManus on the 9th pf October}. that of Mr. O'Donohoe on the 13th, and that of Mr. Meagher-on the 16th. Juries were* empannelled, in eaeh case, from whose prejudice and bad faith, verdicts for* high treason were expected, even though the evidence only sustained a charge of common assault. Ilpmaft Catholics were, in the first, instance, scrupulously excluded; but after the two first verdicts, one "or twp were admitted, upon whose weakness of character, or genteel aspirations, the government might safely rely. It is but justice to .say, that according to the law expounded by the bench, and the evidence AFPEKDIX 287 given on the table, any other verdict was not to be expected. But a jury differently com¬ posed, a jury of Englishmen, with their coun¬ try, their liberties, and their lives, periled to the last extremity by misgovernment and maladministration of law, would have spurned the law, and the evidence, and relied on the great fundamental rights of humanity so fla¬ grantly outraged by the government that then -appeared as prosecutors. The scene presented by Clonmell excited mufch public surprise. Newspaper correspon¬ dents magnified the sullen gloom that prevail¬ ed, into popular apathy pr national cowardice,. &s suited the bent or purpose of their ^employ¬ ers.' .The truth was, the people exhibited, dur¬ ing the trial, a decent and respectful forbear¬ ance. Empty parade, * or Vociferous- sorrow, would only mock the lofty purpose of the suf-. ierers; and besides, the mortification which rankled m the public heart was too deep for 'Utterance.'" The hopes of the people - had been dashed, and they were stunned and stupefied by,their fall. But so far from being apathetic, nightly assemblages were held fo consider if, even in that extremity, something, was not yet jpo§sible to be done, 283 APPENDIX. But, if there were a show of popular indiffer¬ ence on the streets,., the court house presented a very different spectacle. There everything manifested an intense bitterness of purpose; the court, composed of the two most unscrupu¬ lous partisans, (Chief Justices Blackbourne, and Doherty.) and the weakest or falsest political convert, (Mr.-Justice Moore,) simulated the uncontrollable emotions which an overweening loyalty awoke in the bosom of the Catholic At¬ torney-General. So far were their lordships •swayed by the spirit of imitati veil ess, that the most polished speakers, mistaking the incoher¬ ent jargon of the official for the broken utter-* -ance of Overwrought zeal and shocked royalty,, mimicked his distempered language as the only befitting medium of expression for disturbed feelings such a.s theirs. . The simplest and most usual facilities accorded to murderers and pick¬ pockets, on their trial were rudely denied the counsel for the defence. The principles of law, recognized in England as sacred, were scouted from the bench, and the farce of trial proceeded through its different stages to the final denouement, "with perfect regularity, every one performing the part assigned hhn with uperring accuracy. APPENDIX. 289 Of the intrepid ability which struggled against this fearful combination of bigotry, pre¬ judice, and passion, at the bar, on the bench, and iit the box, I do not purpose to speak here. But„I would be unfaithfiil to my trust, and un¬ just to the rarest hfiroism, if I did not record the fortitude and fidelity of O'Donnell, from whom the menaces of the crown, or the frown ofthe bench, could not wring one word of evidence^ In an ordinary man, this would be singular in¬ trepidity ^ but circumstanced as O'Donnell was, it amounted to a Roman virtue. One.brother of his, a doctor, was in jail at Liverpool, charg¬ ed with political felony ■ another was hunted through the country, and another was. in irons, involved in the same' charge as the illustrious accused; for them all he could command his own terms, for much depended on his" testi¬ mony;. but though doom were upon them, and a word of his could avert it, he refused to speak. Honor be his. His integrity almost cancelled the shame and .darkness of those dis¬ astrous times, I can add nothing- to the testimony that es¬ tablished the .fortitude, manliness, and dignity of the prisoners, as beyond precedent or exam¬ ple. That their bearing, one and all, was truly 290 appendix;. noble, friends and foes took pride in attesting. It was a solemn and a glorious sight; and men, through all time, will turn to" that Clonmel dock, to learn the inestimable and imperishable value of sincere and lofty convictions", and a truly heroic soul. Of the speeches that follow, it will be observ¬ ed that Mr. O'Brien's was delivered before the fate of his comrades was known. No man had, ever greater need of vindicating others if hot himself. !No man ever possessed in a higher degree the capacity and strength to do so. He was- satisfied it was the last opportunity Jie would ever have on earth for explanation. Yet, lest any sentiment of his might injuriously affect thoge that were then, or might thereaf¬ ter be on their trial, he forebore to assert the principles of which he was there the martyr, and of which he was more than ever proud. It was to the same Unselfish sentiment he yielded, when consenting to say, not guilty," * The following is from the Freeman's Journal. An emi¬ nent Queen's- counsel, who was present during the awful ordeal, was heard to give utterance to a sentiment so truth¬ fully graphic that we record it in full" Well," said he, his eyes full and his countenance flushed with emotion, "never was there such a scene—never such true.heroism displayed before. Emmett and Fitzgerald, and all com¬ bined did not come up to that—so dignified, so calm, so heroic. He is a hero." APPENDIX. 291 to a charge he "would have felt the greatest glory in avowing. I despair of .conveying to my readers an adequate idea of the gloom and horror of the- scene in which those immortal words were spoken. Death, near and terrible, was in the future. The recollection, of ten days' infamy peopled the present with ghastly images of evil. Vindictiveness inexorable glared from the bench. The dust around the feet of the speakers was laden with guilt. It would not rise to the briskest breeze, beneath the clear¬ est sky, in light summer air, so heavy had tha tread of murder been upon it. And oh, to think when they closed their eyes upon this world, what deeper death they left their cpuntry. . . . . . . Will no day of vengeance come, oh God!' \ . / . . . One of those benefits of the British constitu¬ tion, which excites the mortal envy of benight¬ ed "surrounding nations," is this, that the law lies to the face of death, in the usual question addressed to the condemned: " whether he had anything to say why sentence of death and exe¬ cution should, nothepassed upon him V when the most conclusive reasons that ever innocence had to offer would be wo'rse than" vain. On 202 'APPENDIX. the morning of the 9th of October 1848, this barbarous mockery was addresse.d to lYdliam O'Brien, and he* answered thus: - 1 Mb. O'Bbiejn—" My lords, it is no* ,piy in¬ tention, to enter intcfany vindication of my con¬ duct, however muqli I might have 'desired to *avail myself of this-*opportunity 'of so doing. I am perfectly satisfied with the consciousness that I have performed my duty to my country —fhatlhave done - only that which, in my Opinion-, it "was the duty of every Irishman to have done, and I am now prepared tq, abide the consequences of having performed my duty to my native' land. Proceed with your sen¬ tence." (Cheersin the gallery.) Ori the tnorning of the 23d of the same -month, the same formula was repeated to Terence Bellew McManus, Patrick O'Donohoe, and Thomas' Francis Meagher, who replied respectively as follows; - "Mr. M'Manus—"My lords, I trust I am enough of a Christian and enough of a man td understand the awful responsibility of the queSi tionthat has been put tome. My lords, stand¬ ing on this my native soil—standing in an Irish court of justiee, and before the Irish nation— . I have much td say why sentence of death, or APPENDIX. 293 the sentence of the law, should not be passed upon me. But, my lords, on entering this court, I placed my life, and what is of much more importance to me—my honor—in the hands of two advocates ; and, my" lords, if I had teti thousand Jives, and ten thousand Jionors, I would "be content to place them under the watchful and the glorious genius of the one, and the high legal ability of the other. My lords, I am content. * In that regard I have no¬ thing to say. But I have a word to sayv which no advocate, however anxious, can utter for -me. I have-this to say, my lords,, that what¬ ever part I may have taken through any strug¬ gle for my country's independence j whatever part I.may have acted in that short career,' I stand before your lordships "now with a free heart, and with a light conscience, -ready, to abide the issue of your sentence.. And now, my lords, perhaps this is the fittest time that I might put one sentiment on record, and it is this: Standing as I do between this dock and the scaffold; it ihay be now, or to-morrow, or it may be never; hut whatever the result may be, I have this ^sentiment to put on record- That in any part I have taken, I have not been actuated by animosity to Englishmen. For I 294 appebtd-12. have Spent some of the happiest and most pros¬ perous days of my life there ; and in no part of my career have I been actuated by enmity to Englishmen, however much I may have felt the injustice of English rule in this island. My lords, I have nothing more to say. It is not for having loved England'less r but for hav¬ ing loved Ireland more, that I stand now be¬ fore you." Mr. O'Donohoe confined himself to a few words, concerning his trial-. Mr. Meagher.—"My lords, it is my inten¬ tion to say a few words only. I desire that the last act of a proceeding which has occupied' so much of the public time, should be of short duration. Nor have I the indelicate wish to' close the dreary ceremony of a State prosecu¬ tion with a vain display of words. Bid I fear that, hereafter,- when I shall be no more, the country I have tried to serve would think ill of me, I might indeed avail myself of this solemn moment to vindicate my sentiments and my conduct. But I have no such fear. The coun¬ try will judge of those sentiments and that conduct in a light far different from that in which the jury by whichl have been convic¬ ted have viewed them; and by the country, the APPENDIX. 295 sentence .which you, my lords, are about to pro¬ nounce,will be remembered only as the severe and solemn attestation of my rectitude and truth. Whatever be tlie language in which that sentence be spoken, 1 know that my fate will meet with sympathy and that my memory will be honor¬ ed. In speaking thus, accuse-me not, my lords, of ap. indecorous presumption. To the efforts I have made in a j'ust and noble-cause, I ascribe no vain importance—nor do I claim for those efforts any high reward.' But it so happens, and it will ever happen so, that they who have tried te serve their country, no matter how weak the effort may have been, are sure to re¬ ceive the thanks and the blessings of its people. With my country, then, I reave my memory— my sentiments—my acts—proudly feeling that they require no vindication from me this day. A jury of my countrymen, it is- true, have found me guilty of the "crime of which I stood indicted. For this I entertain not the slightest feeling of resentment, toward them. Influ¬ enced as they must have been by the charge of the Lord Chief Justice, they could have found np.other verdict. What of that charge? Any strong observations on it, I feel sincerely, would ill befit the solemnity of this scene; "but 296 APPENDIX. I would earnestly beseech of you, my lord— you, who preside on that bench—when the passions and the prejudices of this hour have passed away, to appeal to your conscience, and ask of it was your charge as it ought to have been, impartial and indifferent between the sub¬ ject and the -crown. My lords, you may deem this language unbecoming in me, and perhaps it may seal rny fate. But I am here to speak the truth, whatever it may cost. I am here to regret nothing I have ever done—to retract no¬ thing I have .ever said. I am" here to crave, "with no lying lip, the life I consecrate to the liberty of my country. Far from itr even here —here, where the thief, the libertine, the murderer, have left their footprints in the dust; here, on this spot, where the shadows of death surround me, and from which I see my early grave in-an unanointed soil opened to receive me—even here, encircled by these terrors, the hope which has beckoned me to the perilous sea upon which I have been wrecked, still con¬ soles, animates, enraptures me. No, I do not despair of my poor old country, her peace, her liberty," her glory. For that country I can do no more than bid her hope. To lift this is¬ land up—to make her a benefactor to humani- APPENDIX. 297 ty, instead of being the meanest beggar in the world-—to restore to her her native powers and her ancient constitution—this has been my ambition, and this ambition has been my crime. Judged by the law of England, I know this crime entails the penalty of death \ but the history of Ireland explains this crime, and jus¬ tifies it. Judged by that history, I am no criminal—you (addressing Mr. -M'Manus) are no criminal—you (addressing Mr. Donohoe) are no criminal—I deserve"" no punishment- we deserve no punishment. Judged by that history, the treason of which I -stand convicted loses all its guilt, is sanctified as a duty, will be ennobled as a..sacrifice. With these senti¬ ments, my lord, I await the sentence of the Court Having done what I felt to be my duty—having 'spoken what I felt to' b^ tfie truth, as I have done 'on every other occasion of my short career, I now bid farewell to the country of my birth, my passion, and my death —the country, whose misfortunes have invok¬ ed my sympathies—whose factions I have sought to still—whose intellect I have prompt¬ ed to a lofty* aim—-whose freedom has been my fatal dream. I offer to that country, as a proof of the" love I bear her, and the sincerity with 2-38 APPEM5IX. which I thought, and spoke, and struggled for her freedom—the life of a young heart, and with that life,, all the hopes, the honors, the endearments, of a happy and an honorable home. Pronounce then, my lords, the sen¬ tence which the law directs, and I will be pre* pared to hear it. I trust I shall be prepared to -meet its execution. I hope to be able, with a pure heart and perfect composure, to appear be¬ fore a higher tribunal—*a tribunal "where a Judge of infinite goodness, as well as of justice, will preside, "and where, my lords, many—■ many of the judgments of this world will be reversed." The sentence of the Court was then pro¬ nounced, as it had been previously on Mr- O'Brien. It was in the following words: " That sentence is, that you Terence BeJleW M'Manus, you Patrick O'Donohoe, and you Thomas Francis Meagher, be taken hence to the place from whence you came, and be thence drawn on a hurdle to the place of exe¬ cution ; that each of you be there hanged by the neck until you are dead, and that afterward the head'of each of you shall be severed from the body, and the body of each divided into four quarters, to be disposed of as her Majesty APPENDIX 399 may think fit. And may Almighty God have mercy upon your souls." A writ of error was sued out principally on the ground that the principles of constitutional law were violated. The House of Lords final¬ ly quashed the error and confirmed the judg¬ ment. Meantime, the country, or a great pon* tion of the people, took the last step in the direction of debasement, by praying the Q,ueen and Jthe Lord Lieutenant for a free pardon. The petitions were spurned; but her Majesty, yielding to the powerful sentiment of abhor¬ rence againt the punishment of death for politi¬ cal offences commuted the sentence into trans¬ portation for life. This final sentence was carried into effect on the 9th day of July, 1849, * when the ship of war " Swift" spread her sails and hoisted her felon flag, bearing out to sea, and having on board the four illustrious exiles. Martin and O'Doherty had been conveyed to Cork on board the Triton, on the 16th of June, whence they were sent to herd with common malefactors on board the Mount Ste¬ wart" Elphinstope—at the time infested' with, the plague. This vessel remained off Spike Island while the cholera was doing its ravages among her passengers, and finally-put to sea, goo APPENDIX. with the patriots and pestilence, a few days before the departure of the " Swift. " THE UNTNSCRIBED TOMB OF EMMETT. " Let ray tomb remain uninscribed, and my memory in oblivion, un¬ til other times and other men Gam do justice to my character." "Pray tell me," I said, to all old man who stray'd, Drooping over the grave which his own hands had made, " Pray tell me' the name of the tenant who sleeps 'Neath yonder lone shad© where the sad willow weeps; Every stone is engrav'd with the name of the dead. But yon black slab declares not whose spirit is fled." In silence he bow'd, then beckon'd me nigh, Till we stood o'er the grave—then he said with a sigh, " Yes, they dare not to trace e'en a word on this stone, To the memory of him who sleeps coldly alone; He told them—commanded—the lines o'er his grave, Should never be traced by the hand of a slave I " He bade them to shade e'en liis-name in the gloom, Till the morning of freedom should shine on his tomb, 1 When the flag of my country at liberty flies, •Then—then let my name and my monument rise,' You see they obey'd him—'tis thirty-three years, And they still come to moisten his grave with their tears. "He Was young like yourself, and aspir'd to o'erthrow The tyrants who fill'd his lov'd island with woe; They crush'd his bold spirit—this earth was confin'd, Too scant for the range of his luminous mind." He paus'd, and the old man went slowly away, And I felt, as he left me, an impulse to pray. Grant, Heaven! I may see, ere my own days are done, A monument rise o'er my country's lost son 1 And oh! proudest task, be it mine to indite The long-delay'd tribute a freeman must write ; 'Till then shall it3 theme in my breast deeply dwell, So peace to thy slumbers, dear shade, fare the Well.