صور الصفحة
PDF
النشر الإلكتروني

to be brought to trial, but I did wish also to be tried by an impartial jury, summoned by an impartial man; such I thought the sheriff of that time to be, although I was not one of his acquaintance. The very words your lordship used, show why I did not put off my trial. What would then have been said by that journal* which is perpetually stigmatizing my conduct, and vilifying my private character? It would have repeated, what was said in another country, that I was "an infamous wretch, who had fled from the punishment that awaited me." But still those friends urged me to put off this trial: The sheriff is your enemy. No-I have called for trial, I will trust to his oath of office; though as editor of a newspaper he has acted thus, yet, when bound by oath" to return panels of persons able and sufficient, and not suspected or procured, and to do justice impartially," (these are the words of the oath of a county sheriff,) I hoped he would rise superior to his editorial capacity, and act with justice. Nay, even in my first affidavit, I did not throw out this imputation.

[ocr errors]

As to the sub-sheriff, I know him not, but I am informed that the sheriff himself returned the whole panel upon this occasion, contrary to the usual custom, as I am informed:Why this was so I know not. I cannot dive into the breast of any man: God forbid I should be capable of diving into his. My lord, perhaps what I am going to observe may be improper, but I once thought that intention constituted guilt. I thought I heard from the bench, that my intention did not signify.

Lord Clonmell. You have said nothing improper yet, sir; go on; you do not seem to recollect the idea perfectly.

Mr. Rowan. It was not from your lordship.

Mr. Justice Downes. Certainly it is an opinion no judge

could hold.

*The Dublin Journal, the leading paper in the pay of government.

See the Lord Advocate's speech on Muir's trial in Edinburgh

Mr. Rowan. I have been mistaken then; it was something like it; it struck me so. As to the paper, it has been said to come from a Society of United Irishmen. One of my witnesses was asked was he a United Irishman? I have heard much of United. Irishmen, much calumny here and elsewhere; I avow myself to be one; my name has appeared to several of their publications; I glory in the name. On entering that society, I took a test by which I am bound to seek for the emancipation of every class of my fellow citi zens, and to procure (by spreading information, for that is the only mode a few men assembled in Back-lane can adopt) a reform in the representation of the people,* a reform, the necessity of which has been allowed even in parliament, These are our objects, objects which I am bound to pursue to their completion. As to the paper, I honour the head that conceived it, and love the hand that penned it. Much stress has been laid upon the words "Universal Emancipation and Representative Legislation ;"-it may be owing to a want of logical precision in me, but I do not consider these words as carrying the meaning which has been imputed to them. I did imagine that the British constitution was a representative legislature; that the people were represented by the house of cornmons; that the lords represented the territory, the property; and that the king represented the strength of the state, the power of the whole, placed in his hands for the benefit of the whole. As a person, as a man, I know nothing of the king; I can know nothing of him, except as wielding the force of the nation, to be exercised for the benefit of the nation; and if ever that force should be misapplied, or abused, it then remains for the people to decide in what hands it ought to be placed.

I really feel myself in an awkward situation, thus declaring

"It being the interest as well as the intention of the people to have a fair and equal representation, whoever brings it nearest to that is an undoubted friend to government, and cannot miss the approbation of the community."-Locke on Government, sect. 158.

my sentiments, seeing intentions different from those both of the author and myself are fixed upon that paper, for the distribution of which I am persecuted. From my situation, however, having an independent fortune, easy in my circumstances, and with a large family, insurrection of any sort would surely be the last thing I could wish for. I ask no favour, but I submit myself to the clemency and the justice of the court, and I trust that whatever may be their sentence, I shall bear it with becoming fortitude.

Lord Clonmell. I have conferred with my brethren upon what has fallen from you, confessedly in mitigation, and with that view. Nothing has fallen from you to affect the minds of the court in mitigation, or change the judgment which we have thought proper should be pronounced upon you. I shall not adopt any idea, or suffer any idea to arise in my mind, from what you last let fall from you, to increase that punishment. The judgment of this court will, therefore, be pronounced, as is the practice in Westminster-Hall, by the second judge of the court; it shall be pronounced by my brother Boyd.

Mr. Justice Boyd. The sentence of the court is, That you, Archibald Hamilton Rowan, do pay to his majesty a fine of five hundred pounds, and be imprisoned for two years, to be computed from the 29th of January, 1794, and until that fine be paid; and to find security for your good behaviour for seven years, yourself in the sum of two thousand pounds, and two securities in one thousand pounds each.

COUNSEL for the crown.-The Attorney-General, Mr. Prime Serjeant, the Solicitor-General, Messrs. Frankland and Ruxton. Agent, Mr. Kemis.

COUNSEL for the defendant.-Messrs. Curran, Fletcher, and the Recorder.

On the night of the 1st of May, Mr. R. effected his escape from prison. He made his way to the coast, where he prevailed upon two fishermen to take him into their boat, and put to sea. After many escapes from the dangers of a voyage in so small a vessel, and of being taken by the English cruisers, he was safely landed in France; from thence he came to America. It is almost needless to mention, that Mr. Rowan's mild and proper conduct in this country was such, that it extorted the approbation even of those who were adverse to his principles.

[ocr errors][merged small][merged small][merged small]

ON the 28th of April, 1794, the Rev. Wm. Jackson was arrested and committed to prison, under a warrant issued by Lord Chief Justice Clonmell; and, on the 23d of June, the grand jury of the county of the city of Dublin found an indictment against him for high treason, of which the following. is an abstract :

First count. That Wm. Jackson, clerk, on the 3d day of April, 1794, being a false traitor, did compass and imagine the death. of the king, and did traitorously and feloniously intend the said king to kill, murder, and put to death.-Overt Act. That he did come to Ireland for the purpose of procuring information as to the state of the government, and the dispositions of the people; which information he did attempt to transmit to persons exercising the powers of government in France, (with whom his majesty the king was then at war,) in order to enable the French to effect an invasion of Ireland.

Second count. That the said Wm. Jackson being a false traitor, did consult and conspire with divers others to levy and make insurrection, rebellion, and war.-Overt Acts. 1st. That he did excite the persons exercising the powers of government in France to levy war within Ireland-and twelve other overt acts of the same nature.

Third count. That the said Wm. Jackson unlawfully and traitorously was adhering, aiding, and comforting the persons exercising the powers of government in France, then being the enemies of the king. The overt acts laid in this count were the same as those in the next preceding one.

« السابقةمتابعة »