is well known that it has been my unfortunate lot to
arraign both Whigs and Tories. I say further,
that I care not a jot whether the twelve men selected
or permitted by the crown to try me, or rather
to convict me, by twelve of my own co-religionists
and political compatriots, or twelve Protestants,
Conservatives, Tories, or “Orangemen.”
Understand me clearly on this. My objection is
not to the individuals comprising the jury.
You may be all Catholics, or you may be all Protestants,
for aught that affects my protest, which is against
the mode by which you are selected—selected
by the crown—their choice for their
own ends—and not “indifferently chosen”
between the crown and the accused. You may disappoint,
or you may justify the calculations of the crown
official, who has picked you out from the panel,
by negative or positive choice (I being silent
and powerless)—you may or may not be all
he supposes—the outrage on the spirit
of the constitution is the same. I say, by such
a system of picking a jury by the crown, I am not
put upon my country. Gentlemen, from the first
moment these proceedings were commenced against
me, I think it will be admitted that I endeavoured
to meet them fairly and squarely, promptly and directly.
I have never once turned to the right or to the
left, but gone straight to the issue. I have
from the outset declared my perfect readiness to meet
the charges of the crown. I did not care when
or where they tried me. I said I would avail
of no technicality—that I would object to
no juror—Catholic, Protestant, or Dissenter.
All I asked—all I demanded—was
to be “put upon my country,” in the real,
fair, and full sense and spirit of the constitution.
All I asked was that the crown would keep its hand
off the panel, as I would keep off mine. I had
lived fifteen years in this city; and I should have
lived in vain, if, amongst the men that knew me
in that time, whatever might be their political
or religious creed, I feared to have my acts, my conduct,
or principles tried. It is the first and most
original condition of society that a man shall
subordinate his public acts to the welfare of the
community, or at least acknowledge the right of those
amongst whom his lot is cast, to judge him on such
an issue as this. Freely I acknowledge that
right. Readily have I responded to the call
to submit to the judgment of my country, the question
whether, in demonstrating my sorrow and sympathy
for misfortune, my admiration for fortitude, my
vehement indignation against what I considered
to be injustice, I had gone too far and invaded the
rights of the community. Gentlemen, I desire
in all that I have to say to keep or be kept within
what is regular and seemly, and above all to utter
nothing wanting in respect for the court; but I do
say, and I do protest, that I have not got trial
by jury according to the spirit and meaning of
the constitution. It is as representatives of
the general community, not as representatives of
the crown officials, the constitution supposes