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Having thus vindicated freedom of opinion, the speaker went on to disclaim for himself the opinion that the Association ought to deviate from the strict path of legality. But he refused to accept the resolutions; because he said "there are times when arms alone will suffice, and when political ameliorations call for 'a drop of blood,' and for many thousand drops of blood." Then breaking forth into a strain of impassioned and dazzling oratory he proceeded:—
"The soldier is proof against an argument—but he is not proof against a bullet. The man that will listen to reason—let him be reasoned with. But it is the weaponed arm of the patriot that can alone prevail against battalioned despotism.
"Then, my lord, I do not condemn the use of arms as immoral, nor do I conceive it profane to say that the King of Heaven—the Lord of Hosts! the God of Battles!—bestows his benediction upon those who unsheath the sword in the hour of a nation's peril. From that evening on which, in the valley of Bethulia, he nerved the arm of the Jewish girl to smite the drunken tyrant in his tent, down to this our day, in which he has blessed the insurgent chivalry of the Belgian priest, His Almighty hand hath ever been stretched forth from His throne of Light to consecrate the flag of freedom—to bless the patriot's sword! Be it in the defence, or be it in the assertion of a people's liberty, I hail the sword as a sacred weapon; and if, my lord, it had sometimes taken the shape of the serpent, and reddened the shroud of the oppressor with too deep a dye, like the anointed rod of the High Priest, it has at other times, and as often, blossomed into celestial flowers to deck the freeman's brow.
"Abhor the sword—stigmatize the sword? No, my lord, for in the passes of the Tyrol it cut to pieces the banner of the Bavarian, and, through those cragged passes, struck a path to fame for the peasant insurrectionists of Inspruck! Abhor the sword—stigmatize the sword? No, my lord, for at its blow a giant nation started from the waters of the Atlantic, and by its redeeming magic, and in the quivering of its crimsoned light the crippled colony sprang into the attitude of a proud Republic—prosperous, limitless, and invincible! Abhor the sword—stigmatize the sword? No, my lord, for it swept the Dutch marauders out of the fine old towns of Belgium—scourged them back to their own phlegmatic swamps—and knocked their flag and sceptre, their laws and bayonets, into the sluggish waters of the Scheldt.
"My lord, I learned that it was the right of a nation to govern itself, not in this hall, but on the ramparts of Antwerp; I learned the first article of a nation's creed upon those ramparts, where freedom was justly estimated, and where the possession of the precious gift was purchased by the effusion of generous blood. My lord, I honor the Belgians for their courage and their daring, and I will not stigmatize the means by which they obtained a citizen-king, a chamber of Deputies."
It was all he was permitted to say. With flushed face and excited gesture John O'Connell rose, and declared he could not sit and listen to the expression of such sentiments. Either Mr. Meagher or he should leave the Association; O'Brien interceded to obtain a hearing for his young friend, and protested against Mr. O'Connell's attempts to silence him. But the appeal was wasted, O'Brien left the hall in disgust, and with him Meagher, Duffy, Reilly, and Mitchel quitted it for ever.
Meagher's subsequent career in Ireland is soon told. He was a regular attendant at the meetings of the Confederation, of which he was one of the founders, and the fame of his eloquence, his manly appearance, and the charms of his youthful frankness contributed immensely towards the growth of the new organization. He always acted with O'Brien, whom he loved in his inmost soul, but he was respected and admired by every section of nationalists, the Mitchelites, the Duffyites, and we might even say the O'Connellites. When the country began to feel the influence of the whirlwind of revolution which swept over the continent, overturning thrones and wrecking constitutions as if they were built of cardboard, Meagher shared the wild impulse of the hour, and played boldly for insurrection and separation. He was one of the three gentlemen appointed to present the address from Ireland to the French Republican government in 1848; and in the speech delivered by him at the crowded meeting in the Dublin Music Hall before his departure, he counselled his countrymen to send a deputation to the Queen, asking her to convene the Irish parliament in the Irish capital. "If the claim be rejected," said Meagher, "if the throne stand as a barrier between the Irish people and the supreme right—then loyalty will be a crime, and obedience to the executive will be treason to the country. Depute your worthiest citizens to approach the throne, and before that throne let the will of the Irish people be uttered with dignity and decision. If nothing comes of this," he added, "if the constitution opens to us no path to freedom, if the Union be maintained in spite of, the will of the Irish people, if the government of Ireland insist on being a government of dragoons and bombadiers, of detectives and light infantry, then," he exclaimed in the midst of tumultuous cheering, "up with the barricades, and invoke the God of Battles!"
While the Republican spirit was in full glow in Ireland, Meagher astonished his friends by rushing down to Waterford and offering himself as a candidate for the post left vacant in parliament by the resignation of O'Connell. By this time the Confederates had begun to despair of a parliamentary policy, and they marvelled much to see their young orator rush to the hustings, and throw himself into the confusion and turmoil of an election contest. Que le diable allait il faire dans cette galere muttered his Dublin friends. Was not the time for hustings orations, and parliamentary agitation over now? Meagher, however, conceived, and perhaps wisely, that he could still do some good for his country in the House of Commons. He issued a noble address to the electors of his native city, in which he asked for their support on the most patriotic grounds. "I shall not meddle," he said, "with English affairs. I shall take no part in the strife of parties—all factions are alike to me. I shall go to the House of Commons to insist on the rights of this country to be held, governed, and defended by its own citizens, and by them alone. Whilst I live I shall never rest satisfied until the kingdom of Ireland has won a parliament, an army, and a navy of her own." Mitchel strongly disapproved of his conduct. "If Mr. Meagher were in parliament," said the United Irishman, "men's eyes would be attracted thither once more; some hope of 'justice' might again revive in this too easily deluded people." The proper men to send to parliament were according to Mitchel, "old placemen, pensioners, five pound Conciliation Hall Repealers." "We have no wish to dictate," concluded Mitchel in an article on the subject, full of the lurking satire and quiet humour that leavened his writings, "but if the electors of Waterford have any confidence in us, we shall only say that we are for Costello!"
"Costello" was defeated, however, but so was Meagher. The Young Ireland champion was stigmatized as a Tory by the Whigs, and as a rebel by the Tories; if the people, as Mitchel remarks had any power he would have been elected by an overwhelming majority, but the people had no votes, and Sir Henry Winston Barren was returned. Meagher went back to Dublin almost a convert to Mitchel's views, leaving Whig, Tory, and West Briton to exult over his discomfiture.
We have already seen what Meagher did when the guage of battle was thrown down, and when "the day all hearts to weigh" was imagined to have arrived, we have seen how he accompanied O'Brien in his expedition from Wexford to Kilkenny, and thence to Tipperary; and how on the morning of July 29th, 1848, he left O'Brien at Ballingarry, little dreaming of the tragedy which was to make that day memorable, and expecting to be able to bring reinforcements to his leader from other quarters before the crisis came. He failed however in his effort to spread the flames of insurrection. The chilling news of O'Brien's defeat—distorted and exaggerated by hostile tongues—was before him everywhere, and even the most resolute of his sympathisers had sense enough to see that their opportunity—if it existed at all—had passed away. On the 12th day of August, 1848, Meagher was arrested on the road between Clonoulty and Holycross, in Tipperary. He was walking along in company with Patrick O'Donoghue and Maurice R. Leyne, two of his intimate friends and fellow-outlaws, when a party of police passed them by. Neither of the three was disguised, but Meagher and Leyne wore frieze overcoats, which somewhat altered their usual appearance. After a short time the police returned; Meagher and his companions gave their real names on being interrogated, and they were at once arrested and taken in triumph to Thurles. The three friends bore their ill fortune with what their captors must have considered provoking nonchalance. Meagher smoked a cigar on the way to the station, and the trio chatted as gaily as if they were walking in safety on the free soil of America, instead of being helpless prisoners on their way to captivity and exile.
Meagher stood in the dock at Clonmel a week after O'Brien had quitted it a convict. He was defended by Mr. Whiteside and Isaac Butt, whose magnificent speech in his defence was perhaps the most brilliant display of forensic eloquence ever heard Within the court in which he stood. Of course the jury was packed (only 18 Catholics were named on a jury-panel of 300), and of course the crown carried its point. On the close of the sixth day of the trial, the jury returned into court with a verdict of "guilty," recommending the prisoner to mercy on the ground of his youth.
Two days later he was brought back to the dock to receive sentence. He was dressed in his usual style, appeared in excellent health, and bore himself—we are told—throughout the trying ordeal, with fortitude and manly dignity. He spoke as follows:—
"My lords, it is my intention 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 prosecution with a vain display of words. Did I fear that hereafter, when I shall be no more, the country I tried to serve would speak 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 country will judge of those sentiments and that conduct in a light far different from that in which the jury by whom I have been convicted have viewed them, and by the country the sentence which you, my lords, are about to pronounce, will be remembered only as the severe and solemn attestation of my rectitude and truth. Whatever be the language in which that sentence be spoken, I know that my fate will meet with sympathy, and that my memory will be honoured. In speaking thus, accuse me not, my lords, of an indecorus presumption in the efforts I have made in a just and noble cause. I ascribe no main 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 lived to serve their country—no matter how weak their efforts may have been—are sure to receive the thanks and blessings of its people. With my countrymen I leave 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 towards them. Influenced as they must have been by the charge of the Lord Chief Justice, they could perhaps have found no other verdict. What of that charge? Any strong observations on it I feel sincerely would ill-befit the solemnity of this scene; but 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 own conscience, and ask of it, was your charge what it ought to have been, impartial and indifferent between the subject and the crown? My lords, you may deem this language unbecoming in me, and perhaps it may seal my fate; but I am here to speak the truth, whatever it may cost—I am here to regret nothing I have ever done, to regret nothing 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 it. Even here—here, where the thief, the libertine, the murderer, have left their foot-prints 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 open to receive me—even here, encircled by these terrors, that hope which first beckoned me to the perilous sea on which I have been wrecked, still consoles, animates, and 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 island up—to make her a benefactor to humanity, instead of being, as she is now, 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 upon me the penalty of death; but the history of Ireland explains that crime and justifies it. Judged by that history, I am no criminal, you (addressing Mr. M'Manus) are no criminal, you (addressing Mr. O'Donoghue) are no criminal, and we deserve no punishment; judged by that history, the treason of which I stand convicted loses all its guilt, has been sanctified as a duty, and will be enobled as a sacrifice. With these sentiments I await the sentence of the court. I have done what I felt to be my duty. I have spoken now, as I did on every other occasion during my short life, what I felt to be the truth. I now bid farewell to the country of my birth—of my passions—of my death; a country whose misfortunes have invoked my sympathies—whose factions I sought to quell—whose intelligence I prompted to a lofty aim—whose freedom has been my fatal dream. To that country I now offer as a pledge of the love I bore her, and of the sincerity with which I thought and spoke, and struggled for her freedom, the life of a young heart; and with that life, the hopes, the honours, the endearments of a happy, a prosperous, and honourable home. Proceed, then, my lords, with that sentence which the law directs—I am prepared to hear it—I trust I am prepared to meet its execution. I shall go, I think, with a light heart before a higher tribunal—a tribunal where a Judge of infinite goodness, as well as of infinite justice, will preside, and where, my lords, many many of the judgments of this, world will be reversed."
There is little more for us to add. Meagher arrived with O'Brien, O'Donoghue, and M'Manus in Van Dieman's Land in October, 1849, and escaped to America in 1852. He started the Irish News in New York, which he enriched by personal recollections of the stirring scenes in which he participated; but his career as a journalist closed abruptly with the outbreak of the war of Secession, when he raised a Zouave Company to join Corcoran's 69th Regiment, with which he fought gallantly at Bull's Run. Every one remembers how the gallantry of the Irish regiment in which Meagher served, saved the Federal forces from annihilation on that field of disaster. Subsequently he raised and commanded the Irish Brigade, which won imperishable laurels throughout the hard-fought campaigns that ended with the capture of Richmond. When Mr. Johnson became President of the United States, he appointed Meagher to the position of Governor of Montana Territory, in the far West, a post which he held until his death.
His end was sad and sudden. One dark wild night in July, 1867, a gentleman suddenly disappeared from the deck of the steamer on which he was standing, and fell into the great Missouri, where it winds its course by the hills of Montana. The accident was too sudden for availing assistance. A sudden slip, a splash, a faint cry, a brief struggle, and all was over; the hungry waters closed over him, and the rapid rolling current swept away his lifeless corpse. The finished scholar, the genial friend, the matchless orator, the ardent patriot was no more. Thomas Francis Meagher was dead.
* * * * *
KEVIN IZOD O'DOHERTY.
Another bold, clever, and resolute opponent of British rule in Ireland was torn from the ranks of the popular leaders on the day that Kevin Izod O'Doherty was arrested. Amongst the cluster of talented and able men who led the Young Ireland phalanx, he was distinguished for his spirit and his mental accomplishments; amongst the organizers of the party his ready words, manly address, and ceaseless activity gave him a prominent position; amongst its journalists he was conspicuous for fearlessness, frankness, and ability. Over the surging waves of the excitement and agitation that convulsed the country during the period which ended with the affray at Ballingarry, and through the haze which time has cast over the attempted revolution of '48, his figure looms up in bold proportions, suggestive of mental capacity, fortitude of soul, and tenacity of purpose. For him, as for many of his brilliant associates, the paths of patriotism led down to proscription and pain; but O'Doherty fulminating the thunderbolts of the Tribune, or sowing the seeds of patriotism amongst the students of Dublin, was not one whit more self-possessed or undaunted than when standing a convict in the Greenstreet dock, he awaited the sentence of the court.
Kevin Izod O'Doherty was born of respectable Catholic parents in Dublin, in June, 1824. He received a liberal education, by which he profited extensively, showing even in his school-days strong evidences of natural ability, and talents, of more than average degree. He directed his attention to the medical profession on completing his education, and was in the full tide of lectures and hospital attendance when the development of the national sentiment that pervaded the year '48 drew him into the vortex of public life. He became a hard working and enthusiastic member of the Young Ireland party, and was one of the founders of the Students' and Polytechnic Clubs, which were regarded by the leaders in Dublin as the elite of the national force in the capital. When Mitchel was struck down and his paper suppressed, O'Doherty was one of those who resolved that the political guidance which the United Irishman was meant to afford, should not be wanting to the people. In conjunction with Richard Dalton Williams—"Shamrock" of the Nation—he established the Irish Tribune, the first number of which saw the light on the 10th of June, 1848. There could be no mistake about the objects of the Tribune, or the motives of its founders in establishing it. The British government could ill afford to endure the attacks on their exactions and usurpations thundered forth weekly in its articles. Its career was cut short by the mailed hand of authority at its fifth number, and on the 10th of July, '48, Kevin Izod O'Doherty was an inmate of Newgate prison.
On the 10th of August he was placed at the bar of Green-street court-house, and arraigned on a charge of treason-felony, and a vigorous effort was made by the crown to convict him. The attempt, however, was a failure; the jury-panel had not been juggled as effectively as usual, and a disagreement of the jury was the consequence. The crown, however, had no idea of relaxing its grasp of its victim; after John Martin's conviction O'Doherty was put forward again, and a new jury selected to try him. Again were the government defeated; the second jury like the first refused to agree to a verdict of guilty, and were discharged without convicting the prisoner. A third time was O'Doherty arraigned, and this time the relentless hatred of his persecutors was gratified by a verdict of guilty. The speech delivered by Mr. O'Doherty after conviction was as follows:—
"My lords—I did hope, I confess, that upon being placed in this dock for the third time, after two juries of my fellow-citizens had refused to find a verdict against me, that while my prosecutors would have been scrupulous in their care in attempting to uphold their law, they would not have violated the very spirit of justice."
Judge Crampton.—"I have a great difficulty in preventing you from making any observations that may occur to you to be of service; but if you mean to cast imputations of obloquy upon the law officers of the crown, the court cannot permit that."
Mr. O'Doherty—"I only wish to mention a matter of fact. The Attorney-General stated that there were only three Roman Catholics set aside on my jury."
Judge Crampton again interposed, and requested the prisoner not to pursue this line of observation.
Mr. O'Doherty.—"I would feel much obliged if your lordship would permit me to mention 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-countrymen. I did wish by all means, consistent with a manly and honourable resistance to assist in putting an end to that suffering. It is very true, and I will confess it, that I desired an open resistance of the people to that government, which, in my opinion entailed these sufferings upon them. I have used the words open and honourable 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 sentiments 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 only handing him over at the court-house doors to what one of the witnesses has very properly called the fangs of the Attorney-General. With respect to myself I have no fears. I trust I will be 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 I will bear with due patience the wrath of the government whose mouthpiece they were; but I will never cease to deplore the destiny that gave me birth in this unhappy country, and compelled me, as an Irishman, to receive at your hands a felon's doom, for discharging what I conceived—and what I still conceive to be my duty. I shall only add, that the fact is, that instead of three Roman Catholic jurors being set aside by the Attorney-General, there were thirteen; I hold in my hand a list of their names, and out of the twelve jurors he permitted to be sworn there was not one Roman Catholic."
Mr. O'Doherty was sentenced to transportation for ten years. He sailed for Van Dieman's Land in the same ship that bore John Martin into exile. In the course of time he, like Martin and O'Brien, was set at liberty on condition of his residing anywhere out of "the United Kingdom." He came on to Paris, and there resumed his medical studies. He paid, however, one secret and hurried visit to Ireland. He came to wed and bear away with him, to share his fortune in other lands, a woman in every way worthy of him—one whose genius and talents, like his own, had been freely given to the cause of Ireland, and whose heart had long been his in the bonds of a most tender attachment. "Eva," one of the fair poetesses of the Nation, was the plighted wife of O'Doherty. Terrible must have been the shock to her gentle nature when her patriot lover was borne off a convict, and shipped for England's penal settlements in the far southern seas. She believed, however, they would meet again, and she knew that neither time nor distance could chill the ardour of their mutual affection. The volumes of the Nation published during his captivity contain many exquisite lyrics from her pen mourning for the absent one, with others expressive of unchanging affection, and the most intense faith in the truth of her distant lover. "The course of true love" in this case ended happily. O'Doherty, as we have stated, managed to slip across from Paris to Ireland, and returned with "Eva" his bride. In 1856 the pardons granted to the exiles above named was made unconditional, and in the following year O'Doherty returned to Ireland, where he took out his degrees with great eclat; he then commenced the practice of medicine and surgery in Dublin, and soon came to be ranked amongst the most distinguished and successful members of his profession. After remaining some years in Ireland, Mr. O'Doherty sailed far away seawards once again, and took up his abode under the light of the Southern Cross. He settled in a rising colony of Australia, where he still lives, surrounded by troops of friends, and enjoying the position to which his talents and his high character entitle him.
* * * * *
TERENCE BELLEW M'MANUS.
The excitement caused by the startling events of which this country was the scene in the summer of 1848 extended far beyond the shores of Ireland. Away beyond the Atlantic the news from Ireland was watched for with glistening eyes by the exiles who dwelt by the shores of Manhattan or in the backwoods of Canada. Amongst the Irish colony in England the agitation was still greater. Dwelling in the hearts of the monster towns of England, the glow of the furnace lighting up their swarthy faces; toiling on the canals, on the railways, in the steamboats; filling the factories, plying their brawny hands where the hardest work was to be done; hewers of wood, and drawers of water; living in the midst of the English, yet separated from them by all the marks of a distinctive nationality, by antagonistic feelings, by clashing interests, by jarring creeds; such was the position of the men who carried the faith, the traditions, the politics, and the purpose of Ireland into the heart of the enemy's country. With their countrymen at home they were united by the warmest ties of sympathy and affection. In London, in Manchester, in Birmingham, in Leeds, Confederate Clubs were established, and active measures taken for co-operating with the Young Ireland leaders in whatever course they might think proper to adopt. In Liverpool those clubs were organized on the most extensive scale; thousands of Irishmen attended their weekly meetings, and speeches rivalling those delivered at the Rotundo and at the Music Hall in fervour and earnestness were spoken from their platforms. Amongst the Irishmen who figured prominently at these gatherings there was one to whom the Irish in Liverpool looked up with peculiar confidence and pride. He was young, he was accomplished, he was wealthy, he filled a highly respectable position in society; his name was connected by everyone with probity and honour; and, above all, he was a nationalist, unselfish, enthusiastic, and ardent. The Irishmen of Liverpool will not need to be told that we speak of Terence Bellew M'Manus.
The agitation of 1848 found M'Manus in good business as a shipping agent, his income being estimated by his Liverpool friends at ten or twelve hundred a year. His patriotism was of too genuine a nature to be merged in his commercial success, and M'Manus readily abandoned his prospects and his position when his country seemed to require the sacrifice. Instantly on discovering that the government were about to suspend the Habeas Corpus Act in Ireland, he took the steamer for Dublin, bringing with him the green and gold uniform which he owned in virtue of being a general of the '82 Club. In the same steamer came two detectives sent specially to secure his arrest in Dublin. M'Manus drove from the quay, where he landed, to the Felon Office. He discovered that all the Confederate leaders out of prison had gone southwards on hostile thoughts intent; and M'Manus resolved on joining them without a moment's hesitation. Having managed to give the detectives the slip, he journeyed southwards to Tipperary and joined O'Brien's party at Killenaule. He shared the fortunes of the insurgent leaders until the dispersion at Ballingarry, where he fought with conspicuous bravery and determination. He was the first to arrive before the house in which the police took refuge, and the last to leave it. The Rev. Mr. Fitzgerald, P.P., an eye witness, gives an interesting account of M'Manus' conduct during the attack on the Widow M'Cormack's house. He says:—
"With about a dozen men more determined than the rest, was M'Manus, who indeed throughout the whole day showed more courage and resolution than anyone else. With a musket in his hand, and in the face of the enemy, he reconnoitered the place, and observed every accessible approach to the house, and with a few colliers, under cover of a cart-load of hay, which they pushed on before them, came up to the postern-door of the kitchen. Here with his own hand he fired several pistol-shots, to make it ignite, but from the state of the weather, which was damp and heavy, and from the constant down-pour of rain on the previous day, this attempt proved quite unsuccessful. With men so expert at the use of the pickaxe, and so large a supply of blasting powder at the collieries, he could have quickly undermined the house, or blown it up; but the circumstance of so many children being shut in with the police, and the certainty that, if they persevered, all would be involved in the same ruin, compelled him and his associates to desist from their purpose."
When it became useless to offer further resistance, M'Manus retired with the peasantry to the hills, and dwelt with them for several days. Having shaved off his whiskers, and made some other changes in his appearance, he succeeded in running the gauntlet though the host of spies and detectives on his trail, and he was actually on board a large vessel on the point of sailing for America from Cork harbour when arrested by the police. His discovery was purely accidental; the police boarded the vessel in chase of an absconding defaulter, but while prosecuting the search one of the constables who had seen M'Manus occasionally in Liverpool recognised him. At first he gave his name as O'Donnell, said he was an Irish-American returning westward, after visiting his friends in the old land. His answers, however, were not sufficiently consistent to dissipate the constable's suspicion. He was brought ashore and taken handcuffed before a magistrate, whereupon he avowed his name, and boldly added that, he did not regret any act he had done, and would cheerfully go through it again.
On the 10th of October, 1848, he was brought to trial for high treason in Clonmel. He viewed the whole proceedings with calm indifference, and when the verdict of guilty was brought in he heard the announcement with unaltered mien. A fortnight later he was brought up to receive sentence; Meagher and O'Donoghue had been convicted in the interim, and the three confederates stood side by side in the dock to hear the doom of the traitor pronounced against them. M'Manus was the first to speak in reply to the usual formality, and his address was as follows:—
"My lords—I trust I am enough of a Christian and enough of a man to understand the awful responsibility of the question which has been put to me. Standing upon my native soil—standing in an Irish court of justice, and before the Irish nation—I have much to say why the sentence of death, or the sentence of the law, should not be passed upon me. But upon entering into this court I placed my life—and what is of more importance to me, my honour—in the hands of two advocates, and if I had ten thousand lives and ten thousand honours, I should be content to place them all in the watchful and glorious genius of the one, and the patient zeal and talent of the other. I am, therefore, content, and with regard to that I have nothing to say. But I have a word to say, which no advocate, however anxious and devoted he may be, can utter for me. I say, whatever part I may have taken in the straggle for my country's independence, whatever part I may have acted in my short career, I stand before you, my lords, with a free heart and a light conscience, to abide the issue of your sentence. And now, my lords, this is, perhaps, the fittest time to put a sentence upon record, which is this—that standing in this dock, and called to ascend the scaffold—it may be to-morrow—it may be now—it may be never—whatever the result may be, I wish to put this on record, that in the part I have taken I was not actuated by enmity towards Englishmen—for among them I have passed some of the happiest days of my life, and the most prosperous; and in no part which I have taken was I actuated by enmity towards Englishmen individually, whatever I may have felt of the injustice of English rule in this island; I therefore say, that it is not because I loved England less, but because I loved Ireland more, that I now stand before you."
In 1851, M'Manus escaped from captivity in Van Dieman's Land, and he soon after settled in California where he died. His funeral was the greatest ever witnessed upon earth. From the shores of the Pacific thousands of miles away, across continents and oceans they brought him, and laid his ashes to rest in the land of his birth. On the 10th day of November, 1861, that wonderful funeral passed through the streets of Dublin to Glasnevin, and those who saw the gathering that followed his coffin to the grave, the thousands of stalwart men that marched in solemn order behind his bier will never forget the sight. A silent slab unlettered and unmarked shows the spot where his remains were interred; no storied urn or animated bust, no marble column or commemorative tablet has been consecrated to his memory, but the history of his life is graven in the hearts of his countrymen, and he enjoys in their affectionate remembrance, a monument more enduring than human hands could build him.
* * * * *
THOMAS CLARKE LUBY.
Looking along the course of Irish history, it is easy to point out certain periods in which England could have found an opportunity for making terms with the Irish nation, healing some of the old wounds and mitigating in some degree the burning sense of wrong and the desire of vengeance that rankled in the hearts of the Irish race. There were lulls in the struggle, intervals of gloomy calm, occasions when the heart of Ireland might have been touched by generous deeds, and when the offer of the olive branch, or even a few of its leaves, would have had a blessed effect. But England never availed of them—never for an instant sought to turn them to good account. She preferred when Ireland was defeated, prostrate, and forlorn, to taunt her with her failure, scoff at her sufferings, and add to her afflictions. Such was her conduct during the mournful time that followed on the attempted insurrection of 1848.
It was an appaling time, in whose death-laden atmosphere political action was impossible. The famine had made of the country one huge graveyard. A silence fell upon the land, lately so clamorous for her rights, so hopeful, and so defiant. The Repeal organization spoke no more; the tramp of the Confederate Clubs was no longer heard in the streets; O'Connell was dead; the Young Ireland leaders were fugitives or prisoners; and the people were almost bewildered by a sense of their great calamity. Then, if England had stooped to raise her fallen foe, offered her some kindly treatment, and spoken some gracious words, the bitterness of the old quarrel might have been in some degree assuaged, even though its cause should not be entirely obliterated. But England did not choose to take that politic and Christian course. She found it much pleasanter to chuckle over the discomfiture of the Irish patriots, to ridicule the failure of their peaceable agitation, to sneer at their poor effort in arms, to nickname, and misrepresent, and libel the brave-hearted gentleman who led that unlucky endeavour; and above all to felicitate herself on the reduction that had taken place in the Irish population. That—from her point of view—was the glorious part of the whole affair. The Irish were "gone with a vengeance!"—not all of them, but a goodly proportion, and others were going off every day. Emigrant ships clustered in the chief ports, and many sought their living freights in those capacious harbours along the Atlantic coast which nature seemed to have shaped for the accommodation of a great commerce, but where the visit of any craft larger than a fishing smack was a rare event. The flaming placards of the various shipping-lines were posted in every town in Ireland,—on the chapel-gates, and the shutters of closed shops, and the doors of tenantless houses; and there appeared to be in progress a regular breaking up of the Irish nation. This, to the English mind, was positively delightful. For here was the Irish question being settled at last, by the simple process of the transference of the Irish people to the bottom of the deep sea, or else to the continent of America—nearly the same thing as far as England was concerned, for in neither place—as it seemed to her—could they ever more trouble her peace, or have any claim on those fruits of the Irish soil which were needed for the stomachs of Englishmen. There they could no longer pester her with petitions for Tenant Right, or demands for a Repeal of the Union. English farmers, and drovers, and labourers, loyal to the English government, and yielding no sort of allegiance to the Pope, would cross the Channel and take possession of the deserted island, which would thenceforth be England's in such a sense as it never was before. O magnificent consummation! O most brilliant prospect, in the eyes of English statesmen! They saw their way clear, they understood their game; it was to lighten in no degree the pressure which they maintained upon the lives of the Irish people, to do nothing that could tend to render existence tolerable to them in Ireland, or check the rush of emigration. Acting in conformity with this shallow and false estimate of the situation, they allowed to drift away unused the time which wise statesmen would have employed in the effectuation of conciliatory and tranquilising measures, and applied themselves simply to the crushing out from the Irish mind of every hope of improved legislation, and the defeat of every effort to obtain it. Thus when the people—waking up from the stupefaction that followed on the most tragic period of the famine—began to breathe the breath of political life again, and, perceiving the danger that menaced the existence of the peasant classes, set on foot an agitation to procure a reform of the land-laws, the government resolutely opposed the project; defeated the bills which the friends of the tenantry brought into parliament; and took steps, which proved only too successful, for the break up of the organization by which the movement was conducted. And then, when Frederick Lucas was dead, and Mr. Duffy had gone into exile, and the patriot priests were debarred from taking part in politics, and Messrs. John Sadlier and William Keogh were bought over by bribes of place and pay, the government appeared to think that Irish patriotism had fought in its last ditch, and received its final defeat.
But they were mistaken. The old cause that had survived so many disasters was not dead yet. While the efforts of the Tenant Righters in Ireland were being foiled, and their party was being scattered, a couple of Irishmen, temporarily resident in Paris, fugitive because of their connexion with the events of '48, were laying the foundations of a movement more profoundly dangerous to England, than any of those with which she had grappled since the days of Wolfe Tone and Lord Edward Fitzgerald. Those men were John O'Mahony and James Stephens.
Since then their names have been much heard of, and the organization of which they were the originators has played an important part in Irish history. But at the period of which we are now writing, the general public knew nothing of O'Mahony or of Stephens beyond the fact that they were alleged to have taken some part in the recent insurrectionary demonstrations. Stephens, who was then a very young lad, had been present at the Ballingarry attack, and had been severely wounded by the fire of the police. He managed to crawl away from the spot to a ditch side, where he was lost sight of. A report of his death was put into circulation, and a loyal journal published in Kilkenny—the native town of the young rebel, who in this instance played his first trick on the government—referred to his supposed decease in terms which showed that the rule de mortuis nil nisi bonum found acceptance with the editor. The following are the words of the obituary notice which appeared in the Kilkenny Moderator on or about the 19th of August, 1848:—
"Poor James Stephens, who followed Smith O'Brien to the field, has died of the wound which he received at Ballingarry whilst acting as aide-de-camp to the insurgent leader. Mr. Stephens was a very amiable, and apart from politics, most inoffensive young man, possessed of a great deal of talent, and we believe he was a most excellent son and brother. His untimely and melancholy fate will be much regretted by a numerous circle of friends."
It is said that his family very prudently fostered this delusion by going into mourning for the loss of young James—the suggestion of which clever ruse probably came from the dear boy himself. A short time afterwards he managed to escape, disguised as a lady's maid, to France. As one may gather from the paragraph above quoted, the family were much respected in the locality. Mr. Stephens, father of the future C.O.I.R., was clerk in the establishment of a respectable auctioneer and bookseller in Kilkenny. He gave his children a good education, and sent young James to a Catholic seminary with a view to his being taught and trained for the priesthood. But circumstances prevented the realization of this design, and before any line of business could be marked out for young Stephens, the political events above referred to took place and shaped his future career.
John O'Mahony was a different stamp of man. He belonged to the class known as gentlemen-farmers, and of that class he was one of the most respected. His family owned a considerable tract of land in the southern part of the County of Tipperary, of which they had been occupants for many generations. He was well educated, of studious habits, and thoroughly imbued with patriotic feeling, which came to him as a hereditary possession. When the Young Ireland leaders were electrifying the country by their spirited appeals to the patriotism and bravery of the Irish race, and the population in all the chief centres of intelligence were crystalizing into semi-military organizations, O'Mahony was not apathetic or inactive. One of the strongest of the Confederate clubs—which were thick sown in the contiguous districts of the Counties of Cork, Waterford, and Tipperary—was under his presidency; and when in July, 1848, the leaders of the movement scattered themselves over the country for the purpose of ascertaining the degree of support they would receive if they should decide on unfurling the green banner, his report of the state of affairs in his district was one of their most cheering encouragements.
A few days afterwards the outbreak under O'Brien occurred at Ballingarry. The failure of that attempt, and the irresolute manner in which it was conducted, had disheartened the country, but the idea of allowing the struggle to rest at that point was not universally entertained by the leaders of the clubs; and John O'Mahony was one of those who resolved that another attempt should be made to rally the people to the insurrectionary standard. He acted up to his resolution. On the night of the 12th of September there were signal-fires on the slopes of Slievenamon and the Comeragh mountains, and the district between Carrick-on-Suir and Callan was in a state of perturbation. Next day the alarm was spread in all directions. The gentry of the disturbed districts rushed into the nearest towns for protection; police from the outlying barracks were called in to reinforce the threatened stations, and troops were hastily summoned from Dublin and the neighbouring garrisons. Meanwhile parties of the insurgents began to move about. One proceeded to the police station at the Slate-quarries, and finding it deserted—the policemen having retired on Piltown—burned it to the ground. Another attempted the destruction of Grany bridge, to delay the advance of the soldiery. A third proceeded to attack the Glenbower station. The defenders of the barracks were in a rather critical position when another party of police, on their way from the Nine-Mile-House station to Carrick, came upon the spot, and the combined force speedily put their half-armed assailants to flight, with a loss to the latter of one man severely wounded and one killed. An attack was made on the barrack at Portlaw, but with a like result; two men were stricken dead by the bullets of the police. The people soon afterwards scattered to their homes, and the soldiery and police had nothing to do but hunt up for the leaders and other parties implicated in the movement. John O'Mahony narrowly escaped capture on three or four occasions. He lingered in the country, however, until after the conviction of the state prisoners at Clonmel, when it became clear to him that the cause was lost for a time; and he then took his way to Paris, whither several of his fellow outlaws, for whose arrest the government had offered large rewards, had gone before him.
In that famous centre of intellect and of intrigue, the focus of political thought, the fountain-head of great ideas, John O'Mahony and James Stephens pondered long over the defeat that had come upon the Irish cause, and in their ponderings bethought them that the reason of the failure which they deplored was to be found in the want of that quiet, earnest, secret preparation, by means of which the Continental revolutionists were able to produce from time to time such volcanic effects in European politics, and cause the most firmly-rooted dynasties to tremble for their positions. The system of secret conspiracy—that ancient system, "old as the universe, yet not outworn"—a system not unknown in Ireland from the days of the Attacots to those of the Whiteboys—the system of Sir Phelim O'Neill and of Theobald Wolfe Tone—that system, as developed, refined, and elaborated by the most subtle intellects of modern times, those two men proposed to propagate among the Irish race at home and abroad. They divided the labour between them. O'Mahony took the United States of America for his field of action, and Stephens took the Old Country.
It was in the year 1858 that the first symptoms indicative of the work to which James Stephens had set himself made their appearance in the extreme south-west of Ireland. Whispers went about that some of the young men of Kenmare, Bantry, and Skibbereen were enrolled in a secret sworn organization, and were in the habit of meeting for the purpose of training and drilling. Indeed the members of the new society took little pains to conceal its existence; they seemed rather to find a pride in the knowledge which their neighbours had of the fact, and relied for their legal safety on certain precautions adopted in the manner of their initiation as members. When informed firstly by well known nationalists in a private manner, and subsequently by public remonstrances addressed to them by Catholic clergymen and the national journals, that the government were on their track, they refused to believe it; but ere long they suffered grievously for their incredulity and want of prudence. In the early days of December, 1858, the swoop of the government was made on the members of the "Phoenix Society" in Cork and Kerry, and arrests followed shortly after in other parts of the country. The trials in the south commenced at Tralee in March, 1859, when a conviction was obtained against a man named Daniel O'Sullivan, and he was sentenced to penal servitude for ten years. The remaining cases were adjourned to the next assizes, and when they came on in July, 1859, the prisoners put in a plea of guilty, and were set at liberty on the understanding that if their future conduct should not be satisfactory to the authorities, they would be called up for sentence. Amongst the Cork prisoners who took this course was Jeremiah O'Donovan (Rossa), whose name has since then been made familiar to the public.
Those events were generally supposed to have extinguished the Phoenix conspiracy. And many of Ireland's most sincere friends hoped that such was the case. Recognising fully the peculiar powers which a secret society can bring to bear against the government, they still felt a profound conviction that the risks, or rather the certain cost of liberty and life involved in such a mode of procedure, formed more than a counterpoise for the advantages which it presented. They were consequently earnest and emphatic in their endeavours to dissuade their countrymen from treading in the dangerous paths in which their steps were dogged by the spy and the informer. The Catholic clergy were especially zealous in their condemnation of secret revolutionary societies, urged thereto by a sense of their duty as priests and patriots. But there were men connected with the movement both in America and Ireland, who were resolved to persevere in their design of extending the organization among the Irish people, despite of any amount of opposition from any quarter whatsoever. In pursuit of that object they were not over scrupulous as to the means they employed; they did not hesitate to violate many an honourable principle, and to wrong many an honest man; nor did they exhibit a fair share of common prudence in dealing with the difficulties of their position; but unexpected circumstances arose to favour their propagandism, and it went ahead despite of all their mistakes and of every obstacle. One of those circumstances was the outbreak of the civil war in America, which took place in April, 1861. That event seemed to the leaders of the Irish revolutionary organization, now known as the Fenian Brotherhood, to be one of the most fortunate for their purposes that could have happened. It inspired the whole population of America with military ardour, it opened up a splendid school in which the Irish section of the people could acquire a knowledge of the art of war, which was exactly what was needed to give real efficacy to their endeavours for the overthrow of British dominion in Ireland. Besides, there appeared to be a strong probability that the line of action in favour of the Southern States which England, notwithstanding her proclamation of neutrality, had adopted from an early stage of the conflict, would speedily involve her in a war with the Federal government. These things constituted a prospect dazzling to the eyes of the Irishmen who had "gone with a vengeance." Their hearts bounded with joy at the opportunities that appeared to be opening on them. At last the time was near, they believed, when the accumulated hate of seven centuries would burst upon the power of England, not in the shape of an undisciplined peasantry armed with pikes, and scythes, and pitchforks, as in 1798—not in the shape of a half famished and empty-handed crowd, led to battle by orators and poets, as in 1848, but in the shape of an army, bristling with sharp steel, and flanked with thunderous cannon—an army skilled in the modern science of war, directed by true military genius, and inspired by that burning valour which in all times was one of the qualities of the Irish race. Influenced by such hopes and feelings, the Irish of the Northern States poured by thousands into the Federal ranks, and formed themselves into regiments that were at the same time so many Fenian circles. In the Southern army, too, there were many Irishmen who were not less determined to give to their native land the benefit of their military experience, as soon as the troubles of their adopted country should be brought to an end. Fenianism, with that glow of light upon it, spread like a prairie-fire through the States. The ranks of the organization swelled rapidly, and money contributions poured like a tide into its treasury. The impulse was felt also by the society in Ireland. It received a rapid development, and soon began to put on a bold front towards the government, and a still more belligerent one towards all Irishmen who, while claiming the character of patriots, declined to take part in the Fenian movement or recommend it to their countrymen. In November, 1863, the brotherhood started the Irish People newspaper in Dublin, for the double purpose of propagating their doctrines and increasing the revenues of the society. James Stephens was the author of this most unfortunate project. The men whom he selected for working it out were Thomas Clarke Luby, John O'Leary, and Charles Joseph Kickham.
From the date of its establishment up to the mouth of September, 1865—a period of nearly two years—the Irish People occupied itself in preaching what its editors regarded as the cardinal doctrines of the society, which were:—That constitutional agitation for the redress of Ireland's grievances was worse than useless; that every man taking part in such agitation was either a fool or a knave; that in political affairs clergymen should be held of no more account than laymen; and that the only hope for Ireland lay in an armed uprising of the people. These doctrines were not quite new; not one of them was absolutely true; but they were undoubtedly held by many thousands of Irishmen, and the Fenian society took care to secure for the journal in which they were advocated, a large circulation. The office of the Irish People soon came to be regarded as, what it really was, the head quarters of the Fenian organization in Ireland. To it the choice spirits of the party resorted for counsel and direction; thither the provincial organisers directed their steps whenever they visited Dublin; into it poured weekly from all parts of the country an immense mass of correspondence, which the editors, instead of destroying after it had passed through their hands, foolishly allowed to accumulate upon their shelves, though every word of it was fraught with peril to the lives and liberties of their friends. In their private residences also they were incautious enough to keep numerous documents of a most compromising character. There is but one way of accounting for their conduct in this matter. They may have supposed that the legal proceedings against them, which they knew were certain to take place at one time or another, would be conducted in the semi-constitutional fashion which was adopted towards the national journals in 1848. If the staff of the Irish People had received a single day's notice that they were about to be made amenable to the law, it is possible that they would have their houses and their office immediately cleared of those documents which afterwards consigned so many of their countrymen to the horrors of penal servitude. But they saw no reason to suppose that the swoop was about to be made on them. On the fifteenth day of September, 1865, there were no perceptible indications that the authorities were any more on the alert in reference to Fenian affairs then they had been during the past twelve months. It was Friday; the Irish People had been printed for the next day's sale, large batches of the paper had been sent off to the agents in town and country, the editors and publishing clerks had gone home to rest after their week's labours—when suddenly, at about half-past nine o'clock in the evening, a strong force of police broke into the office, seized the books, manuscripts, papers, and forms of type, and bore them off to the Castle yard. At the same time arrests of the chief Fenian leaders were being made in various parts of the city. The news created intense excitement in all circles of society, and more especially amongst the Fenians themselves, who had never dreamed of a government coup so sudden, so lawless, and so effective. The government had now thrown off the mask of apathy and impassiveness which it had worn so long, and it commenced to lay its strong hand upon its foes. Amongst the men who filled the prison cells on that miserable autumn evening were John O'Leary, Thomas Clarke Luby, and Jeremiah O'Donovan (Rossa). Before the crown was ready to proceed with their trial, the third editor of the paper, Charles J. Kickham, was added to their company, having been arrested with James Stephens, Edward Duffy, and Hugh Brophy, on the 11th November, at Fairfield House, near Dublin.
On Monday, November 27th, 1865, the state trials commenced before a Special Commission in the Courthouse, Green-street—the scene of so many a previous grapple between British law and the spirit of Irish patriotism. Mr. Justice Keogh and Mr. Justice Fitzgerald were the presiding judges. There was a long list of prisoners to be tried. James Stephens might have been honoured with the first place amongst them, were it not that two days previously, to the unspeakable horror and surprise of the government and all its friends, he had effected his escape, or rather, we might say, obtained, by the aid of friendly hands, his release from Richmond prison. In his regretted absence, the crown commenced their proceedings by placing Thomas Clarke Luby in the dock to answer to a charge of treason-felony.
He stood up to the bar, between the jailors that clustered about him, a quiet-faced, pale, and somewhat sad-looking man, apparently of about forty years of age. A glance around the court-house showed him but few friendly faces—for, owing to the terrors felt by the judges, the crown prosecutors and other officials of the law, who dreaded the desperate resolves of armed conspirators, few were admitted into the building except policemen, detectives, and servants of the crown in one capacity or another. In one of the galleries, however, he recognised his wife—daughter of J. De Jean Fraser, one of the sweetest poets of the '48 period—with the wife of his fellow-prisoner, O'Donovan Rossa, and the sister of John O'Leary. A brief smile of greeting passed between the party, and then all thoughts were concentrated on the stern business of the day.
There was no chance of escape for Thomas Clarke Luby or for his associates. The crown had a plethora of evidence against them, acquired during the months and years when they appeared to be all but totally ignorant of the existence of the conspiracy. They had the evidence of the approver, Nagle, who had been an employe of the Irish People office and a confidential agent of James Stephens up to the night of the arrests, but who during the previous eighteen months had been betraying every secret of theirs to the government. They had the evidence of a whole army of detectives; but more crushing and fatal than all, they had that which was supplied by the immense store of documents captured at the Irish People office and the houses of some of the chief members of the conspiracy. Of all those papers the most important was one found at the residence of Mr. Luby, in which James Stephens, being at the time about to visit America delegated his powers over the organization in Ireland, England, and Scotland to Thomas Clarke Luby, John O'Leary, and Charles J. Kickham. This, which was referred to during the trials as the "executive document," was worded as follows:—
"I hereby empower Thomas Clarke Luby, John O'Leary and Charles J. Kickham a committee of organization, or executive, with the same supreme control over the home organization, England, Ireland, and Scotland, as that exercised by myself. I further empower them to appoint a committee of military inspection, and a committee of appeal and judgment, the functions of which committee will be made known to every member of them. Trusting to the patriotism and abilities of the executive, I fully endorse their actions beforehand. I call on every man in our ranks to support and be guided by them in all that concerns the military brotherhood.
"J. STEPHENS."
Not all the legal ingenuity and forensic eloquence of their talented counsel, Mr. Butt, could avail to save the men who, by the preservation of such documents as the foregoing, had fastened the fetters on their own limbs. The trial of Mr. Luby concluded on the fourth day of the proceedings—Friday, December 1st 1865—with a verdict of guilty. The prisoner heard the announcement with composure, and then, in response to the question usual in such cases, addressed the court as follows:—
"Well, my lords and gentlemen, I don't think any person present here is surprised at the verdict found against me. I have been prepared for this verdict ever since I was arrested, although I thought it my duty to fight the British government inch by inch. I felt I was sure to be found guilty, since the advisers of the Crown took what the Attorney-General was pleased the other day to call the 'merciful course.' I thought I might have a fair chance of escaping, so long as the capital charge was impending over me; but when they resolved on trying me under the Treason-Felony Act, I felt that I had not the smallest chance. I am somewhat embarrassed at the present moment as to what I should say under the circumstances. There are a great many things that I would wish to say; but knowing that there are other persons in the same situation with myself, and that I might allow myself to say something injudicious, which would peril their cases, I feel that my tongue is to a great degree tied. Nothwithstanding, there are two or three points upon which I would say a few words. I have nothing to say to Judge Keogh's charge to the jury. He did not take up any of the topics that had been introduced to prejudice the case against me; for instance, he did not take this accusation of an intention to assassinate, attributed to my fellow-prisoners and myself. The Solicitor-General in his reply to Mr. Butt, referred to those topics. Mr. Barry was the first person who advanced those charges. I thought they were partially given up by the Attorney-General in his opening statement, at least they were put forward to you in a very modified form; but the learned Solicitor-General, in his very virulent speech, put forward those charges in a most aggravated manner. He sought even to exaggerate upon Mr. Barry's original statement. Now, with respect to those charges—in justice to my character—I must say that in this court, there is not a man more incapable of anything like massacre or assassination than I am. I really believe that the gentlemen who have shown so much ability in persecuting me, in the bottom of their hearts believe me incapable of an act of assassination or massacre. I don't see that there is the smallest amount of evidence to show that I ever entertained the notion of a massacre of landlords and priests. I forget whether the advisers of the crown said I intended the massacre of the Protestant clergymen. Some of the writers of our enlightened press said that I did. Now, with respect to the charge of assassinating the landlords, the only thing that gives even the shadow of a colour to that charge is the letter signed—alleged to be signed—by Mr. O'Keefe. Now, assuming—but by no means admitting, of course—that the letter was written by Mr. O'Keefe, let me make a statement about it. I know the facts that I am about to state are of no practical utility to me now, at least with respect to the judges. I know it is of no practical utility to me, because I cannot give evidence on my own behalf, but it may be of practical utility to others with whom I wish to stand well. I believe my words will carry conviction—and carry much more conviction than any words of the legal advisers of the crown can—to more than 300,000 of the Irish race in Ireland, England, and America. Well, I deny absolutely, that I ever entertained any idea of assassinating the landlords, and the letter of Mr. O'Keefe—assuming it to be his letter—is the only evidence on the subject. My acquaintance with Mr. O'Keefe was of the slightest nature. I did not even know of his existence when the Irish People was started. He came, after that paper was established a few months, to the office, and offered some articles—some were rejected, some we inserted, and I call the attention of the legal advisers of the Crown to this fact, that amongst the papers which they got, those that were Mr. O'Keefe's articles had many paragraphs scored out; in fact we put in no article of his without a great deal of what is technically called 'cutting down.' Now, that letter of his to me was simply a private document. It contained the mere private views of the writer; and I pledge this to the court as a man of honour—and I believe in spite of the position in which I stand, amongst my countrymen I am believed to be a man of honour, and that if my life depended on it, I would not speak falsely about the thing—when I read that letter, and the first to whom I gave it was my wife, I remember we read it with fits of laughter at its ridiculous ideas. My wife at the moment said—'Had I not better burn the letter?' 'Oh no,' I said, looking upon it as a most ridiculous thing, and never dreaming for a moment that such a document would ever turn up against me, and produce the unpleasant consequences it has produced—mean the imputation of assassination and massacre, which has given me a great deal more trouble than anything else in this case. That disposes—as far as I can at present dispose of it—of the charge of wishing to assassinate the landlords. As to the charge of desiring to assassinate the priests, I deny it as being the most monstrous thing in the world. Why, surely, every one who read the articles in the paper would see that the plain doctrine laid down there was—to reverence the priests so long as they confined themselves to their sacerdotal functions; but when the priest descended to the arena of politics he became no more than any other man, and would just be regarded as any other man. If he was a man of ability and honesty, of course he would get the respect that such men get in politics—if he was not a man of ability there would be no more thought of him than of a shoemaker or any one else. This is the teaching of the Irish People with regard to the priests. I believe the Irish People has done a great deal of good, even amongst those who do not believe in its revolutionary doctrines. I believe the revolutionary doctrines of the Irish People are good. I believe nothing can ever save Ireland except independence; and I believe that all other attempts to ameliorate the condition of Ireland are mere temporary expedients and make shifts——"
Mr. Justice Keogh—"I am very reluctant to interrupt you, Mr. Luby."
Mr. Luby—"Very well, my lord, I will leave that. I believe in this way the Irish People has done an immensity of good. It taught the people not to give up their right of private judgment in temporal matters to the clergy; that while they reverenced the clergy upon the altar, they should not give up their consciences in secular matters to the clergy. I believe that is good. Others may differ from me. No set of men I believe ever set themselves earnestly to any work, but they did good in some shape or form."
Judge Keogh—"I am most reluctant, Mr. Luby, to interrupt you, but do you think you should pursue this!"
Mr. Luby—"Very well, I will not. I think that disposes of those things. I don't care to say much about myself. It would be rather beneath me. Perhaps some persons who know me would say I should not have touched upon the assassination charge at all—that in fact I have rather shown weakness in attaching so much importance to it. But, with regard to the entire course of my life, and whether it be a mistaken course or not will be for every man's individual judgment to decide—this I know, that no man ever loved Ireland more than I have done—no man has ever given up his whole being to Ireland to the extent I have done. From the time I came to what has been called the years of discretion, my entire thought has been devoted to Ireland. I believed the course I pursued was right; others may take a different view. I believe the majority of my countrymen this minute, if, instead of my being tried before a petty jury, who, I suppose, are bound to find according to British law—if my guilt or innocence was to be tried by the higher standard of eternal right, and the case was put to all my countrymen—I believe this moment the majority of my countrymen would pronounce that I am not a criminal, but that I have deserved well of my country. When the proceedings of this trial go forth into the world, people will say the cause of Ireland is not to be despaired of, that Ireland is not yet a lost country—that as long as there are men in any country prepared to expose themselves to every difficulty and danger in its service, prepared to brave captivity, even death itself if need be, that country cannot be lost. With these words I conclude."
On the conclusion of this address, Judge Keogh proceeded to pass sentence on the prisoner. The prisoner's speech, he said, was in every way creditable to him; but the bench could not avoid coming to the conclusion that, with the exception of James Stephens, he was the person most deeply implicated in the conspiracy. The sentence of the court was that he be kept in penal servitude for a term of twenty years. Mr. Luby heard the words without any apparent emotion—gave one sad farewell glance to his wife and friends, and stepping down the little stairs from the dock, made way for the next prisoner.
* * * * *
JOHN O'LEARY.
While the jury in the case of Thomas Clarke Luby were absent from the court deliberating on and framing their verdict, John O'Leary was put forward to the bar.
He stepped boldly to the front, with a flash of fire in his dark eyes, and a scowl on his features, looking hatred and defiance on judges, lawyers, jurymen, and all the rest of them. All eyes were fixed on him, for he was one of those persons whose exterior attracts attention and indicates a character above the common. He was tall, slightly built, and of gentlemanly deportment; every feature of his thin angular face gave token of great intellectual energy and determination, and its pallid hue was rendered almost death-like by contrast with his long black hair and flowing moustache and beard. Easy it was to see that when the government placed John O'Leary in the dock they had caged a proud spirit, and an able and resolute enemy. He had come of a patriot stock, and from a part of Ireland where rebels to English rule were never either few or faint-hearted. He was born in the town of Tipperary, of parents whose circumstances were comfortable, and who, at the time of their decease, left him in possession of property worth a couple of hundred pounds per annum. He was educated for the medical profession in the Queen's College, Cork, spent some time in France, and subsequently visited America, where he made the acquaintance of the chief organisers of the Fenian movement, by whom he was regarded as a most valuable acquisition to the ranks of the brotherhood. After his return to Ireland he continued to render the Fenian cause such services as lay in his power, and when James Stephens, who knew his courage and ability, invited him to take the post of chief editor of the Fenian organ which he was about to establish in Dublin, O'Leary readily obeyed the call, and accepted the dangerous position. In the columns of the Irish People he laboured hard to defend and extend the principles of the Fenian organization until the date of his arrest and the suppression of the paper.
The trial lasted from Friday, the 1st, up to Wednesday, the 6th of December, when it was closed with a verdict of guilty and a sentence of twenty years' penal servitude—Mr. Justice Fitzgerald remarking that no distinction in the degree of criminality could be discovered between the case of the prisoner and that of the previous convict. The following is the address delivered by O'Leary, who appeared to labour under much excitement, when asked in the usual terms if he had any reason to show why sentence should not be passed upon him:—
"I was not wholly unprepared for this verdict, because I felt that the government which could so safely pack the bench could not fail to make sure of its verdict."
Mr. Justice Fitzgerald—"We are willing to hear anything in reason from you, but we cannot allow language of that kind to be used."
Mr. O'Leary—"My friend Mr. Luby did not wish to touch on this matter from a natural fear lest he should do any harm to the other political prisoners; but there can be but little fear of that now, for a jury has been found to convict me of this conspiracy upon the evidence. Mr. Luby admitted that he was technically guilty according to British law; but I say that it is only by the most torturing interpretation that these men could make out their case against me. With reference to this conspiracy there has been much misapprehension in Ireland, and serious misapprehension. Mr. Justice Keogh said in his charge against Mr. Luby that men would be always found ready for money, or for some other motive, to place themselves at the disposal of the government; but I think the men who have been generally bought in this way, and who certainly made the best of the bargain, were agitators and not rebels. I have to say one word in reference to the foul charge upon which that miserable man, Barry, has made me responsible."
Mr. Justice Fitzgerald—"We cannot allow that tone of observation."
Mr. O'Leary continued—"That man has charged me—I need not defend myself or my friends from the charge. I shall merely denounce the moral assassin. Mr. Justice Keogh the other day spoke of revolutions, and administered a lecture to Mr. Luby. He spoke of cattle being driven away, and of houses being burned down, that men would be killed, and so on. I would like to know if all that does not apply to war as well as to revolution? One word more, and I shall have done. I have been found guilty of treason or treason-felony. Treason is a foul crime. The poet Dante consigned traitors to, I believe, the ninth circle of hell; but what kind of traitors? Traitors against king, against country, against friends and benefactors. England is not my country; I have betrayed no friend, no benefactor. Sidney and Emmet were legal traitors, Jeffreys was a loyal man, and so was Norbury. I leave the matter there."
One hour after the utterance of these words John O'Leary, dressed in convict garb, his hair clipped, and his beard shaved off, was the occupant of a cell in Mountjoy prison, commencing his long term of suffering in expiation of the crime of having sought to obtain self-government for his native land.
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JEREMIAH O'DONOVAN (ROSSA).
In one of the preceding pages we have mentioned the fact that at the Cork Summer Assizes of 1859, a conviction was recorded against Jeremiah O'Donovan (Rossa) for his complicity in the Phoenix conspiracy, and he was then released on the understanding that if he should be found engaging in similar practices, the crown would bring him up for judgment. It is characteristic of the man that with this conviction hanging like a mill-stone about his neck, he did not hesitate to take an active and an open part with the promoters of the Fenian movement. He travelled through various parts of Ireland in furtherance of the objects of the society; he visited America on the same mission, and when the Irish People was started he took the position of business manager in that foredoomed establishment.
He was brought into the dock immediately after John O'Leary had been taken from it; but on representing that certain documents which he had not then at hand were necessary for his defence, he obtained a postponement of his trial for a few days. When he was again brought up for trial he intimated to the court that he meant to conduct his own defence. And he entered upon it immediately. He cross-examined the informers in fierce fashion, he badgered the detectives, he questioned the police, he debated with the crown lawyers, he argued with the judges, he fought with the crown side all round. But it was when the last of the witnesses had gone off the table that he set to the work in good earnest. He took up the various publications that had been put in evidence against him, and claimed his legal right to read them all through. One of them was the file of the Irish People for the whole term of its existence! Horror sat upon the faces of judges, jurymen, sheriffs, lawyers, turnkeys, and all, when the prisoner gravely informed them that as a compromise he would not insist upon reading the advertisements! The bench were unable to deny that the prisoner was entitled to read, if not the entire, at any rate a great portion of the volume, and O'Donovan then applied himself to the task, selecting his readings more especially from those articles in which the political career of Mr. Justice Keogh was made the subject of animadversion. Right on he read, his lordship striving to look as composed and indifferent as possible, while every word of the bitter satire and fierce invective written against him by Luby and O'Leary was being launched at his heart. When articles of that class were exhausted, the prisoner turned to the most treasonable and seditious documents he could find, and commenced the reading of them, but the judges interposed; he claimed to be allowed to read a certain article—Judge Keogh objected—he proposed to read another—that was objected to also—he commenced to read another—he was stopped—he tried another—again Judge Keogh was down on him—then another—and he fared no better. So the fight went on throughout the live-long day, till the usual hour of adjournment had come and gone, and the prisoner himself was feeling parched, and weary, and exhausted. Observing that the lights were being now renewed, and that their lordships appeared satisfied to sit out the night, he anxiously inquired if the proceedings were not to be adjourned till morning. "Proceed, sir," was the stern reply of the judge, who knew that the physical powers of the prisoner could not hold out much longer. "A regular Norbury," gasped O'Donovan. "It's like a '98 trial." "You had better proceed, sir, with propriety," exclaimed the judge. "When do you propose stopping, my lord?" again inquired the prisoner. "Proceed, sir," was the reiterated reply. O'Donovan could stand it no longer. He had been reading and speaking for eight hours and a half. With one final protest against the arrangement by which Judge Keogh was sent to try the cases of men who had written and published such articles against him, he sat down, exclaiming that, "English law might now take its course."
Next day the jury handed down their verdict of guilty. The Attorney-General then addressed the court, and referred to the previous conviction against the prisoner. O'Donovan was asked, what he had to say in reference to that part of the case? and his reply was that "the government might add as much as they pleased to the term of his sentence on that account, if it was any satisfaction to them." And when the like question was put to him regarding the present charge, he said:—
"With the fact that the government seized papers connected with my defence and examined them—with the fact that they packed the jury—with the fact that the government stated they would convict—with the fact that they sent Judge Keogh, a second Morbury, to try me—with these facts before me, it would be useless to say anything."
Judge Keogh proceeded to pass sentence. "The prisoner," he said, "had entertained those criminal designs since the year 1859;" whereupon O'Donovan broke in with the remark that he was "an Irishman since he was born." The judge said, "he would not waste words by trying to bring him to a sense of his guilt;" O'Donovan's reply was—"It would be useless for you to try it." The judge told him his sentence was, that he be kept in penal servitude for the term of his natural life. "All right, my lord," exclaimed the unconquerable rebel, and with a smile to the sympathising group around him, he walked with a light step from the dock.
The court was then adjourned to the 5th of January. 1866; and next day the judges set off for Cork city, to dispose of the Fenian prisoners there awaiting trial.
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BRYAN DILLON, JOHN LYNCH, AND OTHERS.
On Wednesday, December 16th, the trial of O'Donovan (Rossa) was brought to a conclusion in Dublin. Next morning, away went judges, crown lawyers, spies, detectives, and informers for the good city of Cork, where another batch of men accused of conspiring against British rule in Ireland—"the old crime of their race"—were awaiting the pronouncement of British law upon their several cases. Cork city in these days was known to be one of the foci of disaffection; perhaps it was its chief stronghold. The Metropolis may have given an absolutely larger number of members to the Fenian organization, but in proportion to the number of its population the Southern city was far more deeply involved in the movement. In Dublin, the seat of British rule in Ireland, many influences which are but faintly represented in other parts of the country, are present and active to repress the national ardour of the people. Those influences are scarcely felt in the city of Saint Finbar. Not in Ireland is there a town in which the national sentiment is stronger or more widely diffused than in Cork. The citizens are a warm-hearted, quick-witted and high-spirited race, gifted with fine moral qualities, and profoundly attached to the national faith in religion and politics. Merchants, traders, professional men, shopkeepers, artizans, and all, are comparatively free from the spells of Dublin Castle, and the result is visible in their conduct. The crown looks dubiously and anxiously upon a Cork jury; the patriot, when any work for Ireland is in hand, looks hopefully to the Cork people. The leaders of the Fenian movement thoroughly understood these facts, and devoted much of their time and attention to the propagation of their society among men so well inclined to welcome it. Their labours, if labours they could be called, were rewarded with a great measure of success. The young men of Cork turned into the organization by hundreds. There was no denying the fact; every one knew it; evidences of it were to be seen on all sides. The hope that was filling their hearts revealed itself in a thousand ways: in their marchings, their meetings, their songs, their music. The loyal party in the neighbourhood grew alarmed, and the government shared their apprehensions. At the time of which we write, the opinion of the local magistracy and that of the authorities at Dublin Castle was that Cork was a full-charged mine of "treason." |
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