vagrancy of which no evidence was given, and apparently
remanded for felony without a shadow of justification.
He had yet to learn that in England the same state
of things existed as in Ireland; he had yet to learn
that an illegal arrest was sufficient ground to detain
any of the citizens of any country in the prisons of
this one. If he were illegally held, he was justified
in using enough force to procure his release.
Wearing a policeman’s coat gave no authority
when the officer exceeded his jurisdiction. He
had argued this before Lord Chief Justice Erie in
the Court of Common Pleas, and that learned judge
did not venture to contradict the argument which he
submitted. There was another reason why they should
spare these men, although he hardly expected the Government
to listen, because the Government sent down one of
the judges who was predetermined to convict the prisoners;
it was that the offence was purely a political one.
The death of Brett was a sad mischance, but no one
who read the evidence could regard the killing of
Brett as an intentional murder. Legally, it was
murder; morally, it was homicide in the rescue of a
political captive. If it were a question of the
rescue of the political captives of Varignano, or
of political captives in Bourbon, in Naples, or in
Poland, or in Paris, even earls might be found so to
argue. Wherein is our sister Ireland less than
these? In executing these men, they would throw
down the gauntlet for terrible reprisals. It was
a grave and solemn question. It had been said
by a previous speaker that they were prepared to go
to any lengths to save these Irishmen. They were
not. He wished they were. If they were,
if the men of England, from one end to the other,
were prepared to say, ‘These men shall not be
executed,’ they would not be. He was afraid
they had not pluck enough for that. Their moral
courage was not equal to their physical strength.
Therefore he would not say that they were prepared
to do so. They must plead ad misericordiam.
He appealed to the press, which represented the power
of England; to that press which in its panic-stricken
moments had done much harm, and which ought now to
save these four doomed men. If the press demanded
it, no Government would be mad enough to resist.
The memory of the blood which was shed in 1798 rose
up like a bloody ghost against them to-day. He
only feared that what they said upon the subject might
do the poor men more harm than good. If it were
not so, he would coin words that should speak in words
of fire. As it was, he could only say to the
Government: You are strong to-day; you hold these
men’s lives in your hands; but if you want to
reconcile their country to you, if you want to win
back Ireland, if you want to make her children love
you—then do not embitter their hearts still
more by taking the lives of these men. Temper
your strength with mercy; do not use the sword of
justice like one of vengeance, for the day may come
when it shall be broken in your hands, and you yourselves
brained by the hilt of the weapon you have so wickedly
wielded.” In October he had printed a plea
for Ireland, strong and earnest, asking:—