Newspaper of The New York Herald, March 14, 1844, Page 2

Newspaper of The New York Herald dated March 14, 1844 Page 2
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^ssBasBBsssaaasmmmBBssBSBOOBBsmBss l?*ny held,) the company concluded to aid the Commissioners, so far as their then situation would allow, and entered into the following agreement far that purpose: The Commissioners were to deposit ?500,000 in bonds of that state, with the state for security, with leave to it to hypothecate, pledge and use them as they might desire, and thereupon the Company were to advance to them ?128,000 in money, and give them letters of credit for ?125,000 in addition. This was carried into effect, and the Company upon becoming possessed of the bonds and in order to obtain the funds screed to be advanced by them, obtained a loan from Holford, Branker Ac Co., of thin city, of about one hundred and thirty thousand dollars, and ultimately upon un arrangement with Holford Ac Co., Hankers, London, of ajmut Jjrj?5,000, which last negotiation was authorised by said Commissioners in their agreement with the The Commissioners, in August. 184 J, offered to repay the Company the amount advanced to them, and as they had not used the letters ot credit, offered to return them to the Company, and asked a return of the bonds. This was impracticable, as the bonds had been sent to London under iheir sanction and a return of them Ironi Holford Ac Co , of that city could not be obtained, and farther, the Company had an equitable claim against the Real Estate Hank of Arkansas for the ditference between dollar and sterling bonds, assigned to them by Mr. Beers, which amounted to about seventy thousand dollars, which, together with the cash advances, and the letters of credit (which it was not known ther had not used) made the full amount which had been obtained from Holford A: Co,, of London, which at the time it was made, it was expected they (the Commissioners) would assume and thereby settje with the Company, after finding that the Commissioners had not used the letters o| credits and being desirous of protecting the interest of all concerned, as far as possible, the finance committee ordered a conveyance of property in trust for that purpose to Francis Gritlin, Esq., of this city. The property assigned consisted ot three promissory notes ot C. W. Taylor, amounting to 47.798, secured by mortgage upon real estate at Alabama, and a claim upon the Real Estate Hank of Arkansas for about o8,800. The claims were a rortion of the property assigned to the Company j y Mr. Beers, tne former President, and had with | Other property been placed in the hands of Mr Abijan Mann, Jr., bv special power of attorney, to adjust and collect for account of the Company, and the $75,000 claim against the Real Estate Bank of Arkansas, was adjusted, recognized at 1 58,800 as above by the Commissioners. The arrangement of this trust was effected by and between a special committee on the part of the Company. Mr. Mann acting for Mr. Beers, and the 1 Company under the direction of said Committee, i and Francis GriBin, Esq. acting for Holford A: Co. | The claims (or a portion of thenO which were as- I signed in trust to Mr. Griffin, would probably have been an equitable set off afl against the Keal Lstale Bank of Arkunsas, so that in fact the effect of the transaction was only to place these matters in such a position, as would enable a fair adjustment of them to take place. The trust called "The Tylee Trust." was executed on the 1st day of September, 1841, and was made to secure several of the directors against a personal guaranty which they had entered into on behalf ol the Company to secure debts due from it to several banks in Arkansas, and for which those Directors might be liable to the amount of above $*13,0(10. The authority to transfer securities to indtmnifv the parties who had signed this guaranty, had been given by a vote of the Finance Committee several months prior to the authority, for the same purpose, granted on the 7th of June, 1841, and again repeated by the Finance Committee on the SIst of August in the same vear. The legality of this trust was questioned, and a bill in Chancery tiled to set it aside, and the gentleman for whose benefit it was made not seeing fit to contest it, it was set aside, hut the object for which it was made was just. But another objection is urged aguinst the three last trusts, namely, that they were made pending the proceedings in Chancery for enjoining the institution and appointing a receiver. All the arrangements in question, however, were completed before the 31st of Aitgust, arid the 1st day of September, 1841, and the injunction suspending the company's proceedings was not served upon me until the 3d day of September 1841. It is well, however, to remark that I was confined to tny house in Brooklyn, with a severe attack of bilious fever, during the entire month of August, 1841, and the meeting of the Finance Committee during the latter part ol that month, were held at my house. My illness prevented me from the performance of my ordinary official duties tor more than a month prior to the ftnmn^nv'n h#?i H<r pninino^ wUisth oiPmimetonr.s Com-iderably delayer/the execution r.t these trusts. Two other topicsremain to be noticed The first is the semi-annual report made to the Comptroller on the fii.-t Monday of January 1841. The Receiver charges: 1. that "it does not state the creation of the trusts; 2. That the 1800 bonds under the first three trusts, amounting to ?(2,000,000, are not mentioned among the debts, while all the assigned boudtt and mortgages, and their securities, were included among the effects of the Association thus insinuating that the return did not disclose the actual condition of the Company. I maintain that the report in question did give the actual condition of the Company, as to its properly and its effects, and that the true amounts of its debts, w ith all the certainty that could be obtained from the books and the information possessed by its officers. It was made up with great care by an experienced accountant, according to the requirements of the law, and in the form prescribed by the Comptroller, and its correctness was vouched for under oath by the person who made it up, before it was sworn to by ine. That (he public may clearly understand the matter, I espy an extract from the returns made to ihe Comptroller of ibe Mate, on the first Monday of January, 1841, showing the amount of the liability of the Coui|M(iy under their respective headB, viz : J The amount pay able to City Banks $331 02 ! The amount payable to t'ountry Banki, 79,161 62 Obligations for ac'l of State stocks on time, 1,737.-270 37 Liabilities payable in sterling in London, 2,711 667 30 Due to Je|H>siiors. IMffl 10 The amount of bills, notes, or other evidences of debt, issued by Ibis Asssciation as circulating notes, of the denomination of $100 and under, 1,960 00 $4,002,666 41 At the time it was made, the Yates trust had not been created, nnd of course could not be noticed. The trust created before and existing upon the first Monday of January, 1841, were the million trust and first and second half million trusts and Ihe Bla'chford and Murray trust. The trust deeds in all these tniats contained clauses thut the securities were to he held for the benefit of the Comiuiny, until default should he made in the payment of the obligations secured under the trusts, and until such default the Company were entitled to the interest upon the bonds and mortgages assigned. Previous to the first Monday in January, 1841, no default had occurred in the payment of the obligations, and the Receiver himself informs the public "that the officers always insisted that these bonds and mortgages were kept in me nanaing nouw ana were held by the trustees for the Company until default was made in the payments ?f the interest or principal of the bonds made under the trust deeds against them." Previous to this time none of the bonds under the two half million trusts had been sold, but were all held in pledge by v irions parties as collateral securities for debts due by the Association ; the bonds under the million trust had been forwarded to London in the latter part of April, and early part of May 1840, to Messrs Palmer, McKtllop, Dent Se Co., who commenced the disposition of thein ; hut, as no account of sales of the disposal of such bonds wu rendered by them until the 30lh day of December, 1840, (dated London,) and that account did not come to hand until February, 1841. consequently their avails could not be in the January return. This account sales and account current of Palmer, McKillop, Dent \* handed ovrrto the Receiver when he took possession of ilie pa |>ers of the Company, and is presumed now to he in his possession The report in question states the debts of the Comp'tnv, as will he seen by the above extract. S4,652JM>.r>.41; and that this amount includes all c debts represented, or in any way secured by the bonds of $2,000,000 made under the three trusts. In addition, the return also states, thai the debts of the eotnpany, $2,711,687 30 were for " liabilities payable in sterling in London." thus nointimrto the particular liabilities which led to, orwrre connected with the bond* in question. And although the bonds themselves were not (for the reasons above given) expressly mentioned as outstanding obligations i>| the company, yet it is seen that al! the debts for winch they were held were fully and truly stated, and that the return would have been erroneous and false if, in addition to the debts enumerated, it had_ also represented the bonds as outstanding liabilities. It Wiis pro|?er to include the mortgages embraced in the trust among the assets of the bank. They were simply pledged, not sold, or absolutely parted with an I ware in the joint possession ol the second cashier, Mr Tylee, and the trustees, in the banking HO'tH* cf the company, and were the very assets which were relied on to meet a part of the debt* slated in the report. The statute does not require, nor has it ever been the practice of assoeiatinns 01 banking institutions, in th"ir returns to the Comp troller, to mention any pledges or hypothecation# o propertv made in the transaction nj their business nor are they required even to discriminate between Che MOWitie - placed by them in the hands nt tin virnptioii?r :> < security tor riroiilHlii)^ lull- nn their seciiritl ^ in uenernl. The object of making these returns wat simply to comply with the provi tons ot Vfte statutes, which only required a bUte ment ef the effects ol the association under a few . general heads, and of the debts due to nionied and J other corporations or association*. Debts not pay. ( able on demand, or to rnonied corporations, are not required by the act to be stated in detail, nor the manner in which they are secured, but the amount is only to be given. I have been more particular in my notice of this part of the receiver's publication, because his reference to this return is calculated to convey, and has been uuderbtood by the conductors of some of our public journals to convey the impression, that the whole indebtedness ol tlie company on account 01 m esc doiius wus fraudulently suppressed in this document. Whether ihe Receiver intended to expose me to such a chutge or not. I will not undertake to say, In either cubc, if the prof ession of his unwillingness I " to impeach or assail the motives or intentions of the officers of the institution" contained in his statement be sincere, he will be pleased to see this matter so fully explained and vindicated, however fee may regret that the manner in which he presented it to the public should have exposed me to the harsh and unfounded comments to which 1 have alluded. The only remaining topic in the statement of Mr. I?eaviu, which calls for notice, is that relating to the assignment made by me as President to him as Receiver. Mr. Leavilt states that TbomusG. Taltnage and William R. Cook Srere examined, under oath, and assigned and transferred the effects following, giving a list of divers items, leaving ground for the inference that this list contained all the property of the company assigned to him. To correct this erroneous inference, I deem it proper to reler to a clause in the instruments of assignment, by which it will be seen that they conveyed and assigned to the Receiver not only the effects described in the Schedules, but also "all the property and effects and all the estate real and persona), and all the etiozes in action and equitable interests whatsoever and wheresoever of the said the North American Trust and Ranking Company." The instrument of assignment was in the usual from, and was approved by the master who had charge of the proceeHinm It is therefore evident that all the pro- i perty, belonging to the Company and included in , | the varionu trusts as well as the state bonds and other securities hypothecated as security for loans, were assigned to mm, subject to the eaititable interests of the parties who had made advances to the company, and others having the like interests in the securities. It is proper to notice the facts alluded to in the Receiver's statement, which is as follows: " It thus appears that this company is not indebted for any circulating notes issued under the special provision of the act to authorize the business of Banking, that owes not exceeding $25,000 to its cash depositors, and not exceeding $1200 to its officers and clerks,and other ordinary incidental expenses." The principal pait of this cash depostte is the balance claimed to be due from the banks of Arkansas, against which the Receiver may find an offset in coupons passed due, and the balance of such deposits I believe to be nominal. I will state in this connection that the whole arnou^ of actual indebtedness to the company was covered by securities, with the exception of about $250,000 which at the time it was confidently believed, would be pnid from the excess of property in ihe several trusts over the amount for which it had been assigned. By a careful examination of the Receiver's statement taken in connection with the assignment and . transfer of the property and effects of tfie company [ to him by the officers, it will be found that he acknowledges to have lound securities in the several trusts including the amount in the possession of Wm (}. Wood Esq., amounting to $5,114,190 73 In state bonds in the possession of Messrs. Palmer, Mt-Killop, Pent & Co. and others in Europe, held as collateral security amounting at par to about the sum of 1,500,000 00 And by an addition of the amounts of the several claims, in the schedules to the assignments to him /uw?i.r.. :# there will be found the nominal r amount of about 306,000 00 j Which taken together amount to.. 6,919,190 73 f If he had examined what he calls v the Holford Trust he would have fonnd the pro|>erty tiansferred to \ amount to $106,598 exclusive of t interest, instead of $45,000 as is r in his statement, which accounts I lor an additional sum ot 61,598 00 ( Which makes the amount of assets transferred to him by hiB own [ statement and the last addition < the sum of 6,980,788 73 t From which is to be deducted the ^ amount of the company's debts t (which are not given in any part of a the receiver's statement) but c which appeared to be in January a 1841, nine months prior to his a|>- ; pointment $4,652,655 41 which r had however been considerably B reduced prior to his appoint- p ment. The actual indebtedness 1 ol the company at the time of t his appointment, I firmly believe , did not exceed 4,500,000 00 ,j Which leaves a balance of assets at c the tune of the transfer over the a debts, of 2,480,788 73 t] To which add the amount of losses v which the Receiver states was a charged as against the capital in t| the January return to the (Jomp- e troller of 1841 522,714 89 | ?... jj And there is accounted for 3,003,503 33 t| of the capital which he states at $3,284,900; leav- rj ing a balance to be accounted for of $282,396, and u which is made up in the amount charged to profit g and loss during the period between the January c return, and the time the receiver entered upon the 0 tuscnarge 01 nis duties, and 111 tne large amount ot n back interest due at that time upon tne bonds and tl mortgages and other assets in the various trusts. jt The Foregoing exhibit from the best data in my a| possession, and from the statement of the Receiver, tfc will satisfactorily account for the property of the rr compnny at the time it w;as enjoined. Thisproper- 0 ty although depreciated in value by general causes "j was still held by the company. g Kxcept the amount charged to profit and loss, b subject to the equitable claims of the creditors in- j terested under the trusts, and when such claims b were disposed of, applicable to the claims of the t| general creditors anil the stockholders. n The preceding statements complete what I have n designed to sny respecting my connexion with the N company and the Receiver's Report; but I will ndd a a Uriel statement of the causes which produced the (, failure of the company. Many things probably aided in producing the re- b suit : but a prominent and leading cause was the || rapid depreciation in the value and price of state tl stock, real estate, and other ptoperty in the years g| 1839, 1840 and 1841, to which may he added losses jt by had debts, and th? sums paid for commissions a and interests on moneys borrowed by the company o to inert its engagements. & o Un the first Monday in January 1841, the'com- v puny owned state bonds, ehiedy Indiana, Arkansas \ and the Territory of Florida, unioun- n ting to : $1,765,040 y Thev also held at this last date n bonds and mortgages and real estate, t including the securities embraced in a the Trusts amounting to about 4,000,000 d They also owned other assets and ti propeity amounting to about 1,700,000 h The value of all this property was estimated at y about $86,500,000; and it was thought thatthe debts d could or paid and about $2,000,000, saved to the h stockholders if no further depreciation took place v and the country became prosperous. n It will be recollected that an unsuccessful at- n tempt was made by the Banks of Pennsylvania, and d the south and west, to resume specie payments in p January. 1H41; upon the failure o| this attempt, and the final overthrow of the United States Bunk, ? commenced a period of pecuniary pressure, and a a rapid depreciation in the prices of state stocks and t other property. Some state stocks were sold by the * company after the first day of January 1841, and f before the appointment of the Receiver, but it is i sale to assume, that the amount of state stocks un- |] di-posed of, at that time was $1,600,000,00. The c depreciation upon this amount of state bonds, at a f forced sale would not have been less than $1,000,- i< 000, and the depreciation in the other securities of I the company, and the losses consequent on the i insolvency of some of its debtors, was very con- r siderahle, in addition to the amount charged to t profit and loss in the year 1841. (which in iy lie seen e by reference to the Rooks,) all of which must fur t exceed $500,000. h In the foregoing statement 1 have endeavored to I confine myself to the topics which tend to explain p my own oflicial acts and the carers which led to i the failure of the institution Those who were in ? active business during the disastrous period of the p company's existence, will vividly remember tlie ? wiae-spreati ruin wiucn involved eipuilly institu- " tions nnd iodividnali, and swept away the h>rJ i earned property ot thousands of our most indus- t triotis nnd enconomical citizens. , Many companies with cash capitals, com'u-t* d i and conducted by gentlemen of great expeiienc , | integrity and prudence, lost a large portion ot then i capita'*; others ware seriously embarr issed, and | found it impossible to meet h large portion ut their obligationsat maturity, nnd others were entirely overthrown, tlieir whole capital lost, nnd in addition were unable to meet any considerable portion "f their li ibiiittfs. In thiscrlamity (caused by tie I h inge of value,) banks, insurance nnd trust commies and r rilrosd companies expt rienced a com1 'nun fate To thear ctoiti (thus operating) ma) | be uttribated the failure of the N rth American Trust and Banking Company; and I think no impartial individual will seek occasion to impugn the i motives of the board of directors, when no suspicion of lraud or bad faith can (in truth) rest upon i their acts. < This statement has been delayed much longer i than I anticipated, from the necessity of recurring i to private memoranda, as 1 have not had recourse i to the books, documents and papers in the possession of the Keceiver (with a view to their exaiuina- i tion) since they were handed over to him in the monih of October, 18-11. Having thus performed a duty imposed upon me ujr lilt" llllin;iiri, 0..n iinui y,, ,,lt uncin., ? not hereafter notice this subject in this manner. I have the satisfaction to know that my management ot the institution has undergone a most rigid examination bv some of the largest creditors and stockholders, and that they have apptoved of my official acta, but, if any other creditor orstockholder requires any further explanation or information in my power to give him, I will most cheerfully accompany him tethe office of the Receiver, and aid in the elucidation of any item contained in the booksaml papers of the compuny. THOS. G. TALMAGE. New York, 11th March, 1844. O'CONNELL'S SPEECH AT THE IRISH STATE TRIALS. MONDAY, FEBRUARY 5. Long before the doors of the Queen's Bench were opened this morning they were surrounded by crowds of persons anxious to obtain admission 1 We never saw curiosity excited to such a pitch, and we do not exaggerate when we stute that several thousands went away who were disappointed in obtaining places in the galleries and body of the , Court. The arrangements made by the Sheriff < were well calculated to maintain order and regula- ' rity. At ten o'clock precisely their Lordships took 1 :heir seats on the bench, and as soon as (he names 1 if the traversers and jury were called over, f Mr. O'CoxNKi.L rose, and, having bowed to the 4 tench, pioceeded to speak asfodows:?Gentlemen, 1 [ beg your patient attention whilst I endeavor to 1 >how you in as tew sentences as possible, and in c Tiy own plain and prosaic style, my right to de- 1 nand a favorable verdict at your nunds. I shall 1 lsk that verdict without disrespect on the one land, or flattery on the other. I shall not appeal 4 hther to your passions or your feelings, but I trust J hat I shall be able respectfully to show that I have ' i right to ask it in the name of common sense and J :ommon justice, and those being the basis upon ! vhich I shall rest, I have too high an opinion of 1 rour understandings to doubt for a moment I shall H tsk it in vain, lleing thus convinced in my own 8 nind that I am entitled to your verdict of acquittal, r tnd after the brilliant display of eloquence you 1 lave heard, I do not think that I would be war- 8 anted in trespassing on your attention at any great 1 ength. Gentlemen have addressed you with c vhose eloquence you must have been delighted as t' veil as instructed. I will not. because 1 cannot, v ittempt to follow them, but 1 shall, 1 trust, submit to p rou plain unanswerable facts that will come ii tome to your understanding and good sense, v ind convince yon that in anything I have done I c lave transgressed no law, and was actuated solely tl iy a desire to serve my country. Gentlemen of 8 he Jury, I am here not as my own client alone? v ny clients are the people of Ireland?I am here as il counsel for the Irish nation? 1 stand here as the ad- n room to of the righ's, liberties, and privileges of l< hat people ; and, my only anxiety is, that they, or c heir rights, should be impeded by any thing I a wive done, or by my want of power to sustain their ii ause here this day. I trust, however, that 1 shall l< >e able to convince you, that they ought not to suf. n er by any proceeding of which I have been instru- b nental 1 am the udvocate of Ireland, and the n rish people?I am a Repealer?I avow it. I am il tonscious of my integrity of purpose, and, I tell " 'oil, that when I commenced that line of conduct h vhich has brought me before you this day, the oh- g pet I had in view was the Repeal of that Union, tl tell you that I cannot bear it?it was forced upon v he Irish people by the most foul and unjustifiable h Deans that ever a government had recourse to. and it have the highest authority for saying so. 1 nave h he authority of one who had a seat on that bench, t< ind who is n'<w in his honored grave I promise f rou, gentlemen, that 1 will he as brief as I possibly e an?and 1 may repeat again, that it would he un- o air towards you, after all you have already heard, tl o attempt to travel over the same ground as thorn' 11 vho went before me. I shall deal in tuctH. and tl hose facts I will condense as much as possible. 1 si m not here to deny anything that I have done, w r deny anything 1 have said ; on the contrary I w m here to assert what 1 have often before stated b n other places, at the same time claiming the " ight of not being made accountable fur the clum- s< y mistakes of newrpaper reporters, and newspa- w ier speeches squeezed into such a compass as might ( lave suited the convenience wf those who published y hem. No doubt 1 may in the excitement of a mo- n neu> have said harsh things of individuals that, tt ipon reflection, 1 would ratner I had not said ; but f< he substance of all I have ever said 1 am now not '1 inlyready to vindicate,but to reiterate again. Then, h m to all my actions, 1 am ready not only to avow o hem, bat to justily them. All that 1 have done w /as in the performance of what 1 believed to be " sacred duty, having no other object in view but h tie restoration of the Irish Parliament, and the el ood of the Irish People. 1 was looking for an Irish gi 'arliament, because I founu that the Irish people r< ad been cheated of this sacred right. I found that in le Union was accomplished at a revolutionary pe- I tod?the nation of Europe was disturbed by the tr ifidel philosophy of France, and overrun by her le real military force?the dynasty of nations was oi hanged?princes were banished and monarchies w verthrown?it wrs at that Deriod that Ireland was tl >bbed of her legislative independence. I saw that oi le day of restoration and regeneration had come it: ir every country but my own, and I summoned I II my energies to arouse the people to obtain what B ley lost, by moral, peaceable, and constitutional w leans, which, I believe, were pleasing in the sight sli flleaven, ana ought to be approved of by man.? w 'hat was the course that I pursued, and ought 1, bi entlcmen of the jury, to be ashamed to come in ei ere this day to justify itl I know that I labor un- si er great disadvantages; let me not for a moment tr e understood as saying that they are not such us si re law and the court have sanctioned,and 1 ought yi ot on that account to complain of them. This is al ot the time to discuss how you have been brought G lto that box, or if the Attorney General has done 01 nything that the law did not sanction; but I am yi ere to address plain facts to your sense and under- rc landing I am here to sneak to you with courtesy, ci ut without flattery; and I deceive myself much if w tat love ot honesty and fair play, which constitute d; ic noblest and best part of our common nature, a liall not be triumphant over all preconceived pre- tt idices, and that 1 shall have a favorable verdict o t your hands. There is a great discrepancy of st pinion between you and me. You difier with me a n the question ot Repeal; and if you did not you h vould not be here to day to try a case like this.? IV fou differ from me in point of religion; if you did h lot, not one of you would be in that box to-day; it w ou professed trie same faith that I do you would f? lot be allowed to sit in judgment upon me I may say v\ hat all the differences which exist between us are ir ggravated by my being a Catholic, and that 1 have v one more than any other man to put down Protes- n ant ascendancy, of which some of you were, per- t! aps, the champions, and, if not the champions, k ou were not the antagonists. This is one great u isadvHntage, but it does not terrify me from the o nnouncement of those general principles of am- y ersal liberty to all in which I glory ; nor does it tl lake me feel for a moment that my cuttse shall e ot he safe in your hands. 1 glory in what 1 have n one ; and, being now in the power of your hones- s y and integrity, I appeal to you on these grounds c lone, i leel perfectly sure that you will be guided inly by common sense and justice in yourveidict; t nu it is not in any tvay despairing of your justice ii mil i navr niaae in cue observations; but i must ci ay that I would prefer lhat it had been otherwise v or your own sake* and lor mine ; I would nrefer ii hat your verdict, whatever it may be, should not v ie liable to misrepresentation, and that no infirmity t if human nature could be supposed to have any in- t luence in the case. 1 have now done with the sub- c ect, and I come to the case itself. I must say that r never knew of a more cuiinus case. It certainly s s the strangest case of wli ch I have had any expe- v ience ; it is not a ense consisting of one fact, or of n wo facts, or of ten (acts, but of the history n d nine months. You are called on to go t lirough all the details of the events which c lave taken place in this country during the c ast nine months. An enormous innsH of matter is n ilaced before you?a mass of matter which I defy i he most brilliant understanding so to investigate I iltd scan as totake in all its important points; those i mints w'nicli are necessary for forming a ground t ind just judgment upon the whole at o..e view. 1 iVhere such a quantity of materials arc placed be- i or - it, the human mamory fails, or, what is much I vorsc than a iailure, it is apt to forget those facts 1 vhich are of a rebutting and mitigatory character, < ind to bear away only those ones which form the imminent parts oftlie charge. Therefore, do I ar- i raign thisorosecution. not Irom any hostility to the I Iramers of it, but forthe utter impossibility in which i it places the jury, to disengage from that mass of materials, the real laots of the case, on one side : t and, on the other, to find out, in a word, the real i question to be tried. Let ua see what help I will lie able to afi'ord you in the matter, and in the first i place, let us see what arc the affirmative, and wlint i are the negative qualities of this prosecution?in other words, what tins prosecution is, hikI what n ' is not. Gentlemen, this prosecution hinges on the cabalistic word " conspiracy f and what ia a conspiracy 1 If I look into the dictionary for the meaning of it, I find that a conspiracy ia "a private agreement between aeveral persona to commit a crime " Now, that in the common sense definition of the word; but it has been taken under the special orotertion of the genilemen of the bar, and they, not content with the common sinse meaning, take the word in a two-fold sense, in a way of their own; they have two hooks to their line?and tell you that you must spell out a conspiracy by implication, where yon have no evidence of any agreement existing. Well, let us take the conspiracy iL>hi/?li ia allntrnH in tk.. nrnnnnt ouun untl onn uthuf ire its negative and atiirmative qualities; let us sec what is the evidence brought by the crown to establish i*. In the first place, it is admitted by the Crown itsell that there is no secrecy in the matter ?that the conspiracy does not consist of any private agreement?any secret society?they do not allege any private information?no, not even a single private conversation. Everything was open, unconcealed, public, as clear to the eyes of the whole world as the noon-day sun. Its evidence was to be found in the columns of the Evening Mail quite as much as in the Evening I'ost. It was raked up out of that secret abyss of most secret information?the newspaper. The conspiracy was concocted in the face of the world, and the bellman ?ent about to invite all who wished tocome in and be witnesses?so it is not easy forone to defend oneself From the charge of conspiracy under such circumstances. I submit there should be an agreement to constitute a conspiracy, and not such an agreement as is made in that way before the world?not an agreement which is made lor instance in the oreaence of the law officers of the Crown, of the learned Attorney-General, or Solicitor-General, or of her Majesty'sSergeant-at-law. You see the absurdity, gentlemen, of calling such an agreement a conspiracy. Is itt indeed, common sense 1?is it to ! be endured by rational men that we should be told that such an agreement is a conspiracy! lint when was the agreement made, or how, or where was it inadel Was it in the winter season, or in summer, in soring, or in autumn! Was it on a holiday, or a week-day! What was the hour, or day, or week, or year, on which it was entered into! who was it that proposed it,or who seconded it! Gentlenen, I appeal to your common sense and reason?I isk you to place yourselves in my position, and to lupposr that you address a Catholic Jury, as I adIress you, and would you not feel?I will not call t indignation?but would you not laugh to scorn he idea, that such a Jury should find you guilty of i conspiracy under such circumstances! There is lot the slightest evidence before you of any concocion which would be required in the crime of conpiracy. I don't know whether even 1 am accused if having been present at the formation of the conpiracy; but surely if so, some time ought to have leen pointed out that I might have the benefit of in alibi, if 1 could make it out (laughter ) But icre the charge is spread over so much time, and ii so indefinite a way, I should only take it as l toss-up whether or not I was present on the occaion. Was the agreement in writing or was it a >arole one ? If rally, gentlemen, it an acion at A'iii Prtut were to be supported by uch evidence, and that you were in the box to try he case if there were even no more than a ?10 ontract at stake, I ask you could you find a verdict hat the contract existed! It might be said, as it ras to a certain Judge, whose tune has long since assed away?"My ford, it might not be evidence n the transaction of a ?10 promissory note, but it vould be evidence to sup ort a prosecution on a ri:ninalcharge in your lordship's court." Genlemen, it is not here a ?10 contract which is at take; but, as in the case of a contract, your honest iew of the case will be, that if a conspiracy exists t must be proved; and, if not proved?that it does ot exist. The Attorney General, in good sooth, ;aves it to our imagination to discover where the onspiracy exists. A conspiracy ought to be a relity; but he leaves it altogether to you to imagine , I ?l ,-vm ' t crv.i ? Ir in .... JU... ..I .f k i . >. ?nts. I admit that he has shown much talent,and mch ingenuity, and industry, in laying this case efore you. He occupied eleven hours?eleven tortul hours?in his statement, yet in what part of tdid he tell you where the conspiracy existed?? Wait (said he) till 1 come to the close;" and when e got to the close, "Go back (said he) to the beinning?go through the whole of it, and find out tie conspiracy the best way you can.-' It is not nth any affectation that I say it, but if any could ave found out the proofs of a conspiracy existing j : would be the Attorney General. Yes, he took II ours to throw those extracts into your box for you ! j find out tbat there was a conspiracy .'There are the i ilot, Nation, and Freemen, read them? it is good I nough for you, make out the conspiracy if you can ut of the evidence they give. I rememberonce, on iieMunster C.rcuit,thr celebrated Egan was defendlg a case which was stated by a Mr. Iloare, a genernun of a dark appearance, who made a very :rong speech. Egan, in reply to this?and, by the ray, he was sure of his jury, which is a? excuse 1 ant?said, "I am sure you will not be led away V the dark oblivion ol a brow." (A laugh )? "Why, Egan." said some one to him, "that isnon;nse?why did you say so?" "To he sure it i?," ras bis reply, "but isn't it good enough for a jury?" Laughter.) So eleven hours is good enough for ou. Gentlemen, it is monstrous?it is criminally lonstrous?to say that that is a conspiracy which ikes eleven hours to develope it. Hardy was tried >r constructive treason, ana, to celebrate his aciiittnl, an anniversaiy was held. When the ealth of one of the Jurors was drunk, i ne of the Jurors, not much acquainted rith public speaking, made a speech. He said. Mr. Chairman, 1 tell you I acquitted Hardy, ecausc Lord Eldon?then Sergeant Scott?took jeven hours to stute the case, eight or nine days iving evjdence, and I know that no man could be ally guilty of treason when so many words were ?ed to tell it and such a long time to prove it (laugh.) have made up my mind to convict a man of high eason when the case is proved, but I won't be for tting an Attorney General ransack newspapers in rder to make out a case." (A laugh.) The case as nw exactly in point. If a conspiracy existed le Attorney General would not have taken an hour r half an hour to do ao?he would have stript it of s verbage?he would, as a Barrister?for, ihough am riot in my wig and gtwn, I'll stand up for the ar still?huve stated a plain case to the Jurv?he ould have laid his hand on it?he woulcf have ' lown you when, where, how, who were the inen, 1 hat was the time?the date?the circumstances? I it he leaves it all to yourselves to solve?it is good t tough for you! (Loud laughter) Hut no con- I tiracy or secrecy was even imputed, and you have, ( lereiore, nothing left but conjecture?nothing to 1 lppose happened in private?the entire is before i i>u, and, therefore, Ist.-.nd on this?if you know it I I?there never was a case in which the Attorney i eneral was so little entitled to call a Jury to F|>ell I ut something beyond the case?something which I uu are left to guess at. Gentlemen, you may member about the time the trials were about to i immcnce the hall of these Courts and the country ere full of rumors. It was said that something ark and atrocious would come out?that they had clue to everything. [ do solemnly assure you tat no less than seven- gentlemen were pointed ut as betraying me. Such a mini, it is said, was ;en going into Mr. Kemmis's office?another was t the Castle?a third was seen going into the otise of a certain barrister, near your residence in lerrion square. "Do not associate fiiends," said e to me, "with Mr. so-and-so. he is a traitor?he /ill IkPtruV Vnil?" unH thus nn Ifhon mif. red in their character exceedingly. My answer ras? they have nothing to betray?much good ray do them if they go to these places. If they inent theWwill be paid well fer it. I ask you, gentlelen, did you not expect, when empannelled in at box, to hear something which you did not now before?some plot discovered?some secret lachination?some private conversation of some I these Traversers which would astonish you 1 If ou were so lortunate an not to expect all these tiings, you have not been disappointed; but it you ntertained the expectation, was ever disappomtnent so complete 1 f?o where you please; search, earch, consider, scan over the evidence, and a onspiracy is no where to be found. All say of the Lit. Oeneral?is that all, has he nothing more o tell 1 We knew all that before, and yet this a the conspiracy. Yes, gentlemen, what became if the dark designs, the stratagems, the conspiracy vhich existed in the imagination of so many?vanshed, nothing to disclose, nothing discovered 1 It vould have been the duty of the government, and hey have plenty of resources to purchase true lesimony?to prove a conspiracy, if it existed. We annot.conceal from ourselvas that this is a kind of ninisterial crime?that the question is, whether we hall have a conciliatory ministry in office, who vill enlarge the elective franchise, or the whiga iguin promoted, who promised to do a good deal, tiid did little. That is the question. You perceive nni, wmil imrrrni in lorwaraing every part ol the ase?the^trong stake?the interest they have to dis over the real tacts existing?the anxietyto discover ind point out a conspiracy; to follow the conspirators nto theircaves and recesses, and bring their diaboical acts to the light of day. No man could have l stronger motive in conducting the prosecution ban the Attorney General. No man has so total* y failed. And why 1 Because he had nothing to liscover. It is impossible to answer it othetwise. rivety motive which can influence nower whs rough! to play?all the influence and authority >f wealth? Mutations in the excise and customs -in the police office?the constabulary, above ill things the revenue poliee?every temptation, in ine, and yet nil in vain?for one reason, because here was nothing to disclose?nothing to betray. Well, then, what is the evidence1! If we have no. thing n w, let us nee what the old is. The life, they say, of an old coat is n new button (a laugh) - let us see if tlirv stitched nny old nlntanack on the old story read. There is nothing but repeal demonstrations. They rely on two things?first, the meetings, and next the newM>a|?erH?to spell nut the indefinable conspiracy which existed in the imagination. They give you neither Jute, or time, or place, or position, but first, the accounts of meetings held, and next, the evidence of that fact from volumes of newspapers. We shall consider each of these by itself, hut would you allow me to make this observation 1 As there is nothing secret, and as you know all, I ask you to consider what would tempt me, an old lawyer, to make a public conspiracy, and induce the Irish people to enter into ill I boasted that I kept the people from the meshes of the law?that was one of my boasts. You heard it read twenty times from mv speeches; i and does one of you believe, under these circumstances, that I entered into a public conspiracy 1 I If there was anything secret you roust bay the I i old lawyer saw it, and is there one of you can believe that 1 You may not have as favorable an opinion of me us those who know me bet ter. Y011 only know me and iny principles through the medium of calumny?but there is not one ol you who can think me such an idiot as to ruin the cause nearest my heart?the darling object of my ambition?the cause for which I refused to go on the bench?the cause for which 1 refused to go on the bench?the cause for which I refused the office of Master ot the Rolls. There is, I know, a Question whether or not I refused the office of Chief Huron, but there is none of my refusal to be Master i of the Rolls. 1 refused the dignity and leisure of the bench?with an accumulation of years upon my head?I know the short time I have to labor in my i vocation. That eternity, and the approach of that | judgment which will consign me to an eternity ot weal or woe, cannot be long postponed ; and do I you, can you, imagine 1 would be so cruel as to enter into such a conspiracy?into such a gross ab- i surdity ! Irish gentlemen, put your hands to your hearts and say?does one of you believe that I Par- i don me if I will make too free with you ; but spell out the eleven hours, using your charges as you mav, and say, can you find me guilty of a foul con- i spiracy 1 Your verdict may strike me?it may shorten the few days I have yet before me?but it can- | not destroy the consciousness which I feel that I am entitled to your verdict. But, perhaps, gentlemen, the Attorney General wants you to believe that I am a conspirator, without knowing it, like a man that has stumbled into a pit in the dark. But it all occurred in the open day, and I could not fall without knowing it. If you believe anything you must believe that I am a conspirator, without my own knowledge, and there can be no guilt with- i out a guilty intention. But I scorn to rest my defence upon a paltry point cf law ! The thing is too plain, too simple, to require it. It is a new inven- i tion on this side of the water; some person here has been dreaming of it; this imaginary conspiracy is now resting on your minds without the slightest < particle of reality. Would slavery have been abolished at the present moment if its advocates had i entered into a conspiracy'? and yet they held their public meetings, and bv those meetines made for thenwdves bitter and unrelenting enemies. There i never was a more formidable party than the West I Indian party in England, and (hey might have taken i the newspapers, and from the reports given of their proceedings have, with equal propriety, have prose- i culed them for a conspiracy?they Bhould have in- i dieted Wtlberforce, who has written his name upon the most prominent pages of history, as the strenuous advocate of freedom ! ?snd wno will never be forgotten, whilst a frelwg in ftvor ol humanity exists--he should have been ind cied for a conspiracy. The venerableClarkaon, too, is yet alive, and upon the same principle should still be prosecuted as a conspirator. Convict up, and he is not free in his old age, Don't take away, geuil-men, the only hope we have ol giving expression to our wishes, our wants, or our grievances, and drive from us the right ot Iree discussion By the names of Wtlberforce, and Clarki-on, 1 cor jure you i to diami.s trom your box every attempt to shut out i free discussion In reference to the abolition ol i slavery, 1 r?juice to say thai I was a sharer in that 1 movement: and though bumble aid nngiltrd as 1 I am, 1 had the houor to belong to that conspiracy by ! winch slavery was abt bah d. I certainly did pour ' ont the lava ot my indignation upon the supporters 1 of that vile system It this doctrine ot conspiracy 1 had anoner been lound ou', I suppose we would at ' the present days-e the same cruelty and fere city j carri< d ou towards the negro population ; but it was j (.tie Hcaven-descendtd inspiration 01 bold humani- 1 ty thut tins established the freedom of man What < w?uld become of the reform in parliament 1 Would ' it hive been given uu as far as we have got it, < or would we now be promised another reform by the < Qu?ii'h sneeoh, had it not beeu for these large put lie ' meetings! For Catholic emancipation, before it ' was granted, we held equally large meetings, and f there was an eminent lawvcr at that day?and 1 < hope the ottorney-Generaf will not imagine that 1 * mean lum any disrespect when 1 say that he was his superior?who had as strong an antipathy to f that measure?1 mean William Saurin. He watch* t ed us, and he was defeated on one trial that he pro- 1 secuied; but he never thought of turning it into a r prosecution for a conspiracy. 1 was tried at that I time for words 1 hud spoken; but 1 was never tried > fora conspiracy; we had our parish meetings, asd 1 our county meetings; on the 17th of January, 1H29, c there was what I may term a simultaneous meeting ' held in every parish in Iielandatthesame moment; 8 and would not that have been evidence of a con- I spiracy, if what you are now called upon to believe {" is sufficient evidence! Upon that day every parish b resolved that they would never give up the agita- 6 tion ol the question until their object was accom- 11 plished. It was reserved, however, for the present b Attorney-General to discover that those meetings H were evidence of n conspiracy. There is a very u serious question for discussion at present in 9 England ; that question is for the purpose of 11 ubtuining cheap bread for the poor." I am not J going to enter into that subject now, gentlemen, al- J.1 though I am fully prepared to do so. we have been ?j charged with having collected money: the Anti " Corn Law League und the Anti-Slavery Society ' have both collected money also; nnd the Anti- 11 Corn Law league huve been charged with incen- y dial ism, and other illegal acts, which I am far from 8 charging them with; but similar charges have ne- u ver been attributed to uw. Is this precedent to be P i. .I .1? - i. > 9CIII UTCI iu biigiaiiu, anu llic IU ODIH1D p cheap bread for the poor to be turned into a vile T conspiracy! No, gentlemen, the Englishmen are '' safe. There will not be a juror sworn in England 1 to try the case. I was mocking and jesting with b (roti when I said Englishmen were in danger. They P will be protected by their own Jury, and all that v we ask or require is, that our Jury will protect us. B In this mode will redress for the English people jc worked out, despite of those who are now r neasy in the enjoyment of their monopolies under ' the accumulated weight of public opinion. A ? celebrated French author says?and I do not quote 1: liim in approval of the conduct of the French, for s no man abhors more sincerely and more intensely a than I do their infidel republicanism?one of their y great men has said that "you cannot make a revo- JJ lution with rose water." lie would effect it by h blood. I, on the contrary, by the peacef ul influence I1 of public opinion, mploying not rose water, but T genuine Irish spi. as one of my ingredients? 1 (Laughter ) I come now to consider the ma- 1 cbinery of the evidence brought forward to sustain ? this indictment There have been two classes of 1 evidence?if 1 am not wrong in using the exprea- " sinn?submitted to you by the Attorney General? ' monster meetings and newspaper publications. I 1 will take up the consideration of each separately. v 1 am not here to deny that those meetings took J place. I admit that they were multitudinous, va- ' rytng in their numbers Iroin tens of thousands to l' hundreds ol thousands. It has been said ' somewhere that the magnitude alone of a meeting makes it illegal. I will not discuss that question; 1 do not uttnch so much weight to the opinion as to consider it worthy of discussion. I admit that those meetings took place?that they were most numerously attended, and I boast of it. I ask was there any life of man, woman or child, or even ol any animal, lost at any oi those meetings'? You will unanimously answer, no, not one. I ask, was any man. woman or child struck, detained or assaulted ? ana you will again answer, no, not one. Any person injured 1 not one. Was there any femnie, young or old, treated with indelicacy o| speech or conduct? not one. Was there a single shilling's worth of properly destryyed or injured in anyway? Not one. Oh, yes, there was I exaggerate that?a policeman who attended at Mullaglmiast in colored clothes, swore that there was ferocious onslaught of people from Carlow ; he swore positively that they committed violence on some gingerbread stands. (Laughter.) Yes, exactly the amount of all the acts of violence committed at those meetings, was the overturning ol a ginger bread aland. (Kenewsd laughter ) This, I submit, bespeaks a foregone conclusion, for if any other act of violence had been committed, it could have been readily proved. The poor weman who suffered the loss by the violence has not compLined, and the whole amountof mischief done at those meetings resolves itself into a "ferocious onslaught" ?these were the words of the witness?upon a gingerbread stand (laughter). Yes, it is ridiculous ; but it is the prosecution that is so. There was no violence at tliose meetings?no tumult?no battery nor assault? no injury to properly? no violation of Rood morals, or even of Rood manners?and it is ' cutious that not a single accident?not even a ca- 1 sua', accident?occurred at any one of thein. Yet I there are persons who tell me that 1 have infuriated ' this people, tnat 1 have excited them till they are ' ready to rebel. 'J'liey whose conduct has Keen ' characterised by the absence of mischief to |>er?on 1 or property, whose mutual courtesy has been so re- ] tnarkahle that not even an accident occurred at iheir most crowded gatherings! The Rrown matrons I were there with their daughter*; the young mo- I (tiers with their infants, and each, hh she passed in ' salety through the multitude, felt that her own 1 wealines, und the helplenmew o her own irdant, 1 were her best protection. Oh, it was dc ' lightful to see how the crowd gave way 1 and formed n rampart of protection tor the mothers and the children Yes! for the hrn- t ihera and fathers of those women were there, and so help me Heaven!?no, 1 withdraw the sob mil- ' ity of asseveration, hut no more emphatic proof < could have been exhibited of determination to ob- ' serve peace, quietness, and perfect trai.quility .than in the electrical teeling which sent the mother and the nurse, m the full assurance of safety?that electrical spirit of mutual kindliuesa in wltoee pure at- ' tnosphere all was gentleness and courtesy. 1 turn boldly and proclaim that there is not in the world another country where this could occur. The people of Ireland are oppressed und impoverished.? They have been subjected to much eontumely.? The Times described them as a "filthy and felonious multitude," but 1 proudly repeat that amongst no other people coulci such scenes occur. It may be said that I ain making an admission; but they nave ueen euucaied to it lor lorty years, during tho agitation for Catholic Emancipation, andsujequently during the agitation for the Repeal. They have heen sublimed into pacific determination, which, than Heaven, has not been ruffled in the slightest degree by anything which has occurred in this Court. fhey abide your verdict, and though it may be one which will diaappoint them, there will be no violation of tho law. no, whatever mar be the fate ofjthe man whose glory it iato have educated the people to,constitutional, and continuous exertion. I ask, now. has any one been intimidated by those meetings 1 It has been said that large meetings have a necessary tendency to intimidate. Now, nothing could be easier than to prove this?they had all the magistracy of the neighborhood? those who still continued in the magistracy?and much good may it do them?and whose continuance in the magistracy proves them hostile to Repeal?the Crown could nave called upon the gentry and upon the clergy of the Established Church, fie had plenty of timid people in |>antaloons and petticoats, who might nave been produced to establish intimidation, if any such thing had occurred. It was his bu.-ines to have done so if in his power?the neglect to establish his caae in so important a point would be a violation of his duty lo the Crown._ Yet not one suoh witneaa has been produced. Why! because not one could conscientiously swear that there has been anything appertaining to intimidation. There was, I repeat, ample opportunity of proof, and the negation of such evidence speaks trumpet-tongued of the absence of any thing approaching to intimidation. There were in every neighborhood plenty of people inimical to Emancipation, and who regretted its passing?there were people desirous to put down the Repeal Association?there were persons who had the misfortune to be at enmity with their neighbors?there were the clergy of the Established Church, witnesses beyond imputation?why was not a single wit ness oi any of those classes produced to prove the occurrence or the feeling of intimidation 1 Because it wh thoroughly certain thut no such allegation could be borne out; because no such intimidation had existense. Gentlemen of the Jury, how does the case stand . Is it I'airlv put before you! The police were on the table, they deposed to the tranquility of the meetings: they felt bound to swear thut all was quiet, and that even the most timid had no occasion for fear. If those meetings were illegal, why was it that there was not one mandate of authority to nut them down? There was no proclamation which we treated with neglect?there was no ministerial interference treated with the slightest neglect or disregard?no public officer or remonstrance treated with anything but the utmost respect. If the meetings were dangerous why were they not proclaimed! They were proclaimed at last?but if they were dangerous why were they not proclaimed before! Yet we are called conspirators?it we are, were we not so twelve months ago! Gentlemen, we are bianded asconspirators because we h#ve aone our utmost to obey the law. Those meetings were tranquil?acknowledged so, and they had just come to a conclusion; there was to be an end of them, and all the violent language which had so offended acme parties was finished. But the meetings were not illegal, they were peaceable,unboundedly so,and the Attorney General had put it in proof. Itisscarcely necessary for me to avow anything?it might be better for me to conceal?but I have nothing to conceal?I avow the whole 39 meetings against me. The government knew that these meetings were called, and I for one will not impute to the At ornry wenerai mar ne lay hye lor Hie putpose ot aying a trap. I can any no such thin?. 1 do not relieve it possible, and I leel bound to do him the sommon justice of saying so. I feel further bound o tell you that that learned gentleman did not inerfere, merely because he could not, and that bemuse he had no ground to stand up<>n I am told hat I have used an equivocal word in saying these Heelings were quiet by design. My lords, 1 re>eat it. I fully adopt the expression?that design ;xistoa before it exists now, and, my lords, it will xist, notwithstanding any result of this trial. It s not from me, gentlemen, that the people have ;ained this knowledge?they have been taught by ritter experience; their education has been so compete in this, that they cannot expect any amelioation of their condition with combination. Now, gentlemen, what evidence of a conspiracy have 'ou 1 I say none ; but I leave it to you, ipon your consciences, to say is there any evi- ' lencel You, gentlemen, have the responsitiliiy upon your own shouldert?you must anwer to your Maker for the verdict you shall return. 4ow, gentlemen, I submit to yoa that there is no vidence belore you at all. You have had nothing iut newspajier evidence laid before you?Now! ubmit to their lordsbi|>6, that this is no evidence, inless a conspiracy has been proved. There has ieen no evidence laid before you but newepapen1, nd I submit that those newspapers are no evidence ntil the conspiracy is proved; which, apparently, annot be done without them. Where, gentlemen s any proof bringing me in connexion with anv of he newspapers. 1 might, in law, appeal to tneir ordshios, but I prefer to appeal to you open the acts. Now, gentlemen,you will remember the evience vou have before you; keep in mind that the tepeaf Association distinctly disavowed that any ewspapcr was the organ. That was a facL and ou huve it in proof before you. Undoubtedly we ent newspapers to various individuals; but what loes that amount tol Merely to this?that certain arties subscribe a certain sum of money to the Asociation, and for that sum he desires that a certain aper may be sent him, and we do it. He selects lis < wn paper, and we do not in any way attempt o control his judgment; hut no paper has ever ieen the recognised organ of the Association. The apers may have contained libels; hut if they did, vhy did not the Attorney General prosecute them s such 1 The editors or propiietsra were liable to lie law of libsl. Why did not the Attorney Geneul ItrinfTfhpm Knfnr? a Tnr? fn* I ho /.flonon if bought it was worth his while 1 Now,gentlemen, ye are charged with inciting to violence, and what i the proof offered 1 You have had some garbled peechea of mine read to you ; but do thev prove ny intention of mine to incite to violence f I ask ou is there one that does not inculcate peace 1 It ias always been my greatest effort, and that has icen laid before you by my prosecutors. Two rincip'.es have actuated me through life, and they , mve been put before the world. They nave been nscribed upon your banners: and I avow them low. The first is that " He who commits a crime lives strength to the enemy." I avow it boldly? t is mine. And the second is, tiiat " Whatever idvuntage we obtain it must be obtained without he shedding of one drop of blood." Gent'emen bat has been the theory of my whole life. I vould rather forego any advantage than that one jrop of human blood should be shed. I have said it if'tv times?I have boasted of it?I have proclaimed it is loudly as ever public man proclaimed it?I tave stood alone sometimes in disclaiming, in the nost direct terms, ali intention to resort to physical orce?1 have disclaimed it in all times, and under ill contingencies except in the extreme case of an ittack of civil war, but in all other contingencies I lave always said that not one single drop of human <lood should lie shed. It has ever been my pride luring my political avow thia sentiment, and would nave abandoned, and 1 would now ahanlon, the sacred cause ol Kej?e?l i^one drop^of hu nan uiooa was snea ; 1 procimmefl inis leeting on ny part in the cause of Catholic emancipation i>s, I succeeded with emancipation by the mighty lid and power of that principle. Look, gentlemen >1 the jury, to the pust history and progress of eman ipation. Look to the settlement o| that queation. Sot one drop ol blood was spilled in obtaining it. Lrfiok. to the struggles which have hitherto >een made, and will yet he made, in the rause of repeal. Not one drop of blood haa ieen shed ! And ia it right?ia it wise to nterrupt a man in such a peaceful career 1 Ia it ight? r wise to interrupt a man w* o haa ever laid lown this principle aa the haais of his public conflict I Is it right to come out and call that the contact of a conspirator, and to treat him like g man srho had resorted to forcible means' Oh, gentleTiei', I belong to a Chria'tan persuasion, the grand > tnctple of which ia t hat no quantity ol advantage ?no quantity ol benefit or ad vantage t? he church, sr to the state itsell- no not even to Heaven itaell, :an be permitted to be earned at the expei ae ol any :rime whatever; that no moral offence can, not only ?e not justified, or even aa much pinliatrd, by any imount of advantage to obtained; and il I have my co-believer in that box, I need not repeat that tactrine, because he will have professed that doctrine himself. But why should I, aa a Christian man, >rccloim one thing and practise another! Bnt.geutlein* n ol the Jury, you CHiinot bi lieve it. No, the snlire tenor ?f my lite shows the sircerity with which lrm-de the announcement I have announced it over and over again -1 have announced it bo iilnn that 1 say no circumstance of my life can enve ycu to di>ut)' the sincerity ?>l my avowal. My lord,it h*p appearedMifticifn'lyin the newspapers; ntjr lord, no man ever noaaesBfd w> much public confidence os 1 have. I say I posresa it, und no mon ever possessed it en long, so ui reservedly. I have obtained the confidence of tlie Komnn Catholic aiiy of every class: yea, not only of those who are n poverty or distress, arid look to a change, 01 to in amelioration of their condition, hut I nave chained also the confirlenee ot the higher clar-scs? ?f ihe Catholic clergy, nnd ol the episcopacy, d tave oblainr d that confidence by the assertion if this nrinciile, und by the sincerity with which 1 tave udhereu to it; they know with what sincer

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