a policy is naturally very effective in not really
reconciling, but in keeping Ireland quietly subject
to the Union. It is a hard trial of men’s
patriotism to be debarred from all career of profitable
and honourable distinction in the public service of
their own country. I do not wonder that few
Irish lawyers, in presence of the mighty power
of England, dare to sacrifice personal ambition and
interest to what may seem a vain protest against
accomplished facts. I do not wish to attack
or offend them—as this court expresses it,
to impute improper motives to them—by
thus simply stating the sad facts which are relevant
to my own case in this prosecution, and explaining
that I decline professional assistance, because few
lawyers would be so rash as to adopt my political
convictions, and vindicate my political conduct
as their own, and because if any lawyer were so
bold as to offer me his aid on my own terms, I am too
generous to permit him to ruin his professional
career for my sake. Such are the reasons,
gentlemen of the jury and my lords, why I am now
going through this trial, not secundum artum,
but like an eccentric patient who won’t be
treated by the doctors but will quack himself.
Perhaps I would be safer if I did not say a word about
the legal character of the charge made against
me in this indictment. There are legal matters
as dangerous to handle as any drugs in the pharmacopoeia.
Yet I shall trouble you for a short time longer, while
I endeavour to show that I have not acted in a way
unbecoming a good citizen. The charge against
me in this indictment is that I took part in an
illegal procession by the provisions of the statute
entitled in the Party Processions’ Act.
His lordship enumerated seven conditions, the violation
of some one of which is necessary to render an assembly
illegal at common law. Those seven conditions
are—1. That the persons forming
the assembly met to carry out an unlawful purpose.
2. That the numbers in which the persons met
endangered the public peace. 3. That the assembly
caused alarm to the peaceful subjects of the Queen.
4. That the assembly created disaffection. 5.
That the assembly incited her Majesty’s Irish
subjects to hate her Majesty’s English subjects—his
lordship did not say anything of the case of an assembly
inciting the Queen’s English subjects to hate
the Queen’s Irish subjects, but no such case
is likely to be tried here. 6. That the assembly
intended to asperse the right and constitutional administration
of justice; and 7. That the assembly intended
to impair the functions of justice and to bring
the administration of justice into disrepute.
I say that the procession of the 8th December did
not violate any one of these conditions—1.
In the first place the persons forming that procession
did not meet to carry out any unlawful purpose—their
purpose was peaceably to express their opinion
upon a public act of the public servants of the crown.
2. In the second place the numbers in which