there is to be no law save what a Castle proclamation
will construct, permit, or decree; no mourning
save what the police will license; no demonstration
of opinion save whatever accords with the government
views. We hear much of the liberties enjoyed
in this country. No doubt, we have fine constitutional
rights and securities, until the very time they
are most required. When we have no need to invoke
them, they are permitted to us; but at the only
time when they might be of substantial value, they
are, as the phrase goes, “suspended.”
Who, unless in times of governmental panic, need
apprehend unwarranted arrest? When else is
the Habeas Corpus Act of such considerable
protection to the subject? When, unless when the
crown seeks to invade public liberty, is the purity
and integrity of trial by jury of such value and
importance in political cases? Yet all the world
knows that the British government, whenever such a
conflict arises, juggles and packs the jury—
Mr. Dix—I really cannot allow that language to be used in this court, Mr. Sullivan, with every disposition to accord you, as an accused person, the amplest limits in your observations. Such language goes beyond what I can permit—
Mr. Sullivan—I, at once,
in respect for your worship, retract the
word juggle. I will say the
crown manipulates the jury.
Mr. Dix—I can’t at all allow this line of comment to be pursued—
Mr. Sullivan—With all respect for your worship, and while I am ready to use any phrase most suitable for utterance here, I will not give up my right to state and proclaim the fact, however unpalatable, when it is notoriously true. I stand upon my rights to say, that you have all the greater reason to pause, ere you send me, or any other citizen, for trial before a jury in a crown prosecution at a moment like the present, when trial by jury, as the theory of the constitution supposes it, does not exist in the land. I say there is now notoriously no fair trial by jury to be had in this country, as between the subject and the crown. Never yet, in an important political case, have the government in this country dared to allow twelve men indifferently chosen, to pass into the jury-box to try the issue between the subject and the crown. And now, sir, if you send the case for trial, and suppose the government succeed by the juries they are able to empanel here, with ‘Fenian’ ticketed on the backs of the accused by the real governors of the country—the Heygates and the Bruces—and if it is declared by you that in this land of mourning it has become at last criminal even to mourn—what a victory for the crown! Oh, sir, they have been for years winning such victories, and thereby manufacturing conspiracies—driving people from the open and legitimate expression of their sentiments into corners to conspire and to hide. I stand here as a man against whom some clamour has been raised for my efforts to save my countrymen