The Felon's Track Part 10

Mr. Meagher repeated the same thing. We were then reprimanded and sent back. Soon after we were recalled, and upon motion of Mr. Dillon and Sir Colman O'Loghlen, on behalf of Mr. Meagher, who stated that he would express his regret for the contempt of court, but nothing else, we were both released, although I persisted in refusing even to join in the expression of regret made _for_ but not _by_ Mr. Meagher.

On the same day on which the above scene took place, John Mitchel was borne in irons from the land of his love, the wife of his bosom, and the children of his heart.

Immediately after, the council of the Confederation was reduced to twenty-one; and everything wore a sterner aspect, as if, whether they willed it or no, an imperious obligation required fulfilment at their hands. The slight disunion, which the fate of John Mitchel created, between those who favoured and opposed his rescue, quickly disappeared, and both parties only emulated each other in the activity and earnestness of preparation. Among the agencies of progress, suggested by the crisis, were two new journals--the _Felon_, edited by John Martin and T.D. Reilly, a.s.sisted by Mr. Brenan, and the _Tribune_, edited by Richard Dalton Williams and Kevin Izod O'Doherty, of which Mr. Savage and Dr. Antisell were joint proprietors, and to which they were joint contributors, with S.J. Meany and myself. The great object of the first was to follow in the footsteps of the _United Irishman_, and that of the latter was to urge the same principles upon a more republican basis. The _Felon_ soon acquired additional interest from the daring principles and extraordinary ability of Mr. James F. Lalor, who had become a joint contributor with the recognised editors. Of the _Tribune_ it would not become me to speak; perhaps no more is needed than that in the race to doom it was not outsped.

On the 8th of July, John Martin surrendered. Messrs. Duffy and O'Doherty were arrested on the same evening, and Mr. Williams on the following morning.

Although the trials that followed did not take place until long after the events which form the princ.i.p.al subject of this narrative, a brief account of them will not be inappropriate here.

Mr. O'Doherty was the first placed on his trial. The jury was of the stamp usual in such cases in Ireland. But a point of great importance was raised by his counsel, as to the publisher's _intention_ to commit the felony, which they insisted should be proved, to bring his case within the provision of the Treason Felony Act. The court, composed of Chief Baron Pigot and Baron Pennefather, gave an opinion favourable to this construction, and the jury refused to convict, for which the Castle Organ did not hesitate to p.r.o.nounce them perjurers. Every one supposed and rejoiced that Mr. O'Doherty had escaped; but the vengeance of the Attorney-General was far from satisfied, and he had ample satisfaction on a future day.

On the 16th of August, John Martin was placed at the bar, before the same judges. The instincts of the official, exasperated by defeat, exercised a keener vigilance in selecting a jury; and one was finally sworn that did not disappoint his sagacity. They found a verdict of guilty without hesitation; but recommended the prisoner to mercy, which in that case was a distinct contradiction of their oaths. The composition of the jury, and the character of the prosecution, will be best understood by a perusal of the subjoined speech. No higher proof could be given of his purity of purpose, elevation of sentiment, and goodness of heart. On the 19th of August he was called up to receive sentence He stood in the spot hallowed by the footprints of Robert Emmet and John Mitchel; nor was the heart he brought to the same sacrifice less worthy than theirs. Upon his benevolent countenance or stout heart, the appliances of terror around him had no effect. He stood unmoved and unawed, in the glorious consciousness that he had fulfilled his duty to his friend and to his country.

When asked what he had to say why sentence should not be pa.s.sed upon him, he replied:--

"MY LORDS: I have no imputation to cast upon the bench, neither have I anything of unfairness toward myself to charge the jury with. I think the judges desired to do their duty fairly, as upright judges and men, and that the twelve men who were put into the box, not to try, but to convict me, voted honestly according to their prejudices. I have no personal enmity against the sheriff, sub-sheriff, or any other gentleman connected with the arrangements of the jury panel, nor against the Attorney-General, or any other person engaged in the proceedings called my trial. But, my lords, I consider _I have not yet been tried!_ There have been certain formalities carried on here for three days, _but I have not been put upon my country, according to the const.i.tution said to exist in Ireland!_

"Twelve of my countrymen, 'indifferently chosen,' have not been put into the jury-box to try me, but twelve men, who, I believe, have been selected by the parties who represent the crown, for the purpose of _convicting_, and not of _trying_ me.

"Every person knows that what I have stated is the fact; and I would represent to the judges, most respectfully, that they, as honourable judges, and as upright citizens, ought to see that the administration of justice in this country is above suspicion. I have nothing more to say with regard to the trial; but I would be thankful to the court for permission to say a few words after sentence is pa.s.sed."

Chief Baron and Baron Pennefather: "No. We cannot hear anything from you after sentence is p.r.o.nounced."

"Then, my lords, permit me to say, that admitting the narrow and confined const.i.tutional doctrines, which I have heard preached in this court, to be right, _I am not guilty of the charge according to this Act!_ In the article of mine, on which the jury framed their verdict, which was written in prison, and published in the last number of my paper, what I desired to do was this, to advise and encourage my countrymen to keep their arms; because that is their inalienable right, which no Act of Parliament, no proclamation can take away from them. It is, I repeat, their inalienable right. I advised them to keep their arms; and further, I advised them to use their arms in their own defence against all a.s.sailants--even a.s.sailants that might come to attack them unconst.i.tutionally and improperly, using the Queen's name as their sanction.

"My object in all my proceeding has been simply to establish the independence of Ireland for the benefit of all the people of Ireland--n.o.blemen, clergymen, judges, professional men--in fact, all Irishmen. I sought that object first, because I thought it was our right; because I thought, and think still, national independence was the right of the people of this country. And secondly, I admit, that being a man who loves retirement, I never would have engaged in politics did I not think it necessary to do all in my power to make an end of the horrible scenes the country presents--the pauperism, and starvation, and crime, and vice, and the hatred of all cla.s.ses against each other. I thought there should be an end to that horrible system, which while it lasted, gave me no peace of mind, for I could not enjoy anything in my country, so long as I saw my countrymen forced to be vicious, forced to hate each other, and degraded to the level of paupers and brutes. This is the reason I engaged in politics.

[Ill.u.s.tration: Kevin Izod O'Doherty]

"I acknowledge, as the Solicitor-General has said, that I was but a weak a.s.sailant of the English power. I am not a good writer, and I am no orator. I had only two weeks' experience in conducting a newspaper until I was put into jail. But I am satisfied to direct the attention of my countrymen to everything I have ever written, and to rest my character on a fair examination of what I have put forward as my opinions. I shall say nothing in vindication of my motives but this, that every fair and honest man, no matter how prejudiced he may be, if he calmly considers what I have written and said, will be satisfied that my motives were pure and honourable. I have nothing more to say."

The Chief Baron, in pa.s.sing sentence, alluded to the jury's "recommendation to mercy."

Mr. Martin: "I cannot condescend to accept mercy where I believe I have been morally right. I want justice, not mercy."

He was then sentenced to ten years' transportation.

On two successive occasions, the jury empanelled by the Government, and carefully packed to serve their end, refused to convict Mr. O'Doherty.

He was placed on his trial, a third time, on the 30th of October, prosecuted with the same enduring malignity, and a verdict of guilty, suspected to be the result of a fraud practised on the jury, was returned. Mr. Williams, who was joint proprietor of the _Tribune_, and jointly responsible, was acquitted after a protracted trial on the 3rd of November, the jury being of opinion that although the articles given in evidence were felonious, there was no proof to satisfy them that the proprietors, when publishing them, did so with a felonious intent. This distinction arose in consequence of the fair and candid construction of the Felony Act, given by Chief Baron Pigot and Baron Pennefather, on Mr.

O'Doherty's first trial, to the effect that the jury should be satisfied of the publisher's felonious intent; a construction which the present judges 'Crampton and Torrens' would not dare to contradict.

Notwithstanding this, just as the words, "Not guilty," were p.r.o.nounced by the jury, in Mr. Williams' case, despite the most flagrant and audacious bullying of the bench, Mr. O'Doherty was called up for judgment. Among all the martyr-band whom this year consigned to doom, not one behaved himself with truer or n.o.bler heroism; not one, either, whose fate commands a deeper sympathy. Under thirty years of age, largely gifted, with most respectable connections, a high place in society, brilliant prospects, and so unostentatious in his enthusiasm that it was only then his country heard of his devotion, and learned his worth; there he stood with as lofty consciousness and as brave a heart as ever consecrated the scaffold or the battle-plain.

Judge Crampton p.r.o.nounced the sentence. Nature has supplied his lordship with characteristics of countenance admirably befitting such a scene.

Had he been only elevated to the kindred office of actual executioner, he would have been spared the expense of a mask; for without it, no one could look into his eyes. Of course, he was teeming with compa.s.sion and regret, which jointly resulted in a sentence of transportation for TEN YEARS. Mr. O'Doherty, who stood unmoved, after a few preliminary observations in reference to the unfairness of his trial, spoke as follows:--

"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 a.s.sist 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 judgment, 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."

Mr. Duffy's trial was postponed. His final escape is known to most of my readers; but as I cannot approve of the character of his defence, I prefer saying no more of it in this place.

It is here needful to refer to myself, a topic always disagreeable to others, but painfully so on this occasion to me. The proposal to form a league with the remaining members of the a.s.sociation originated with certain gentlemen, among whom the Rev. Mr. Miley held a prominent place, who personally waited on Mr. O'Brien to testify their abhorrence of the outrages offered to him in Limerick. Some very questionable politicians, who watched with the eye of traffic the current of public opinion, and sought to make the same profit of the reflux they had formerly made of its unimpeded tide, attended on those occasions. Others, of purer motives, and loftier patriotism, joined in these interviews, and contrived to have them repeated. Among these were the poet, Samuel Ferguson, and Richard Ireland, two recent and brilliant converts to the cause of nationality. There were others, whom I need not name, of equally unquestionable purity. But for several weeks, while these interviews were held, there was no exact delegation from either the Confederation or a.s.sociation. I am not, indeed, aware whether any such delegation was ever formally given or a.s.sumed. However, negotiations proceeded, and though they were never brought to a satisfactory adjustment, the dissolution of the Confederation was formally proposed and adopted. On that day the greatest hope of Ireland perished.

The generosity of the suicide on the part of the Confederation was met by a new chicane. Though every member, whose character and talents could for a moment redeem the deformity, dulness and decrepitude of the Repeal a.s.sociation, had pa.s.sed from its ranks and enrolled themselves in the new League, it resolved to struggle on, acting as a check and a stain by its anility and crookedness, on the rising hopes of the country. During the discussions that led to the formation of the league, it was emphatically announced by certain members of the Confederation that on no ground and for no purpose would they abjure one principle they ever announced. Above all, they avowed their purpose to urge on the country the duty of armed resistance whenever its success appeared probable. The Government heard of these avowals, and the time spent in captious discussions about moral nonent.i.ties and legal quibbles, when the stake was a nation's death or life, was diligently employed by the Government in acc.u.mulating means of defence.

The motives of the princ.i.p.al promoters of the league are by no means questioned here. On the contrary, it is freely admitted their convictions were as sincere as they were fatal. The due appreciation of that movement requires that a few leading facts and inferences upon which it was based should be calmly considered. The first and most important is the great change which had taken place in the feelings of the country. The vast majority of the thinking population were ranged at the side of the Confederation. So, too, was that of the people of the rural districts. The intellectual leaders of the great Protestant party had actually identified themselves with it, and a reconciliation with the entire body of the Orangemen had been nearly effected. Most of the men whose integrity and ability had preserved the lingering existence of the a.s.sociation, openly avowed their approval of its principles, and such of them whose hearts were not mere empty sounds, would join its members at a crisis.

Thus stood the facts. The considerations in favour of the junction were these: Certain men of influence, who, contrary to their own convictions, adhered to the a.s.sociation, in the commencement through fear, and still adhered to it through an unintelligible hankering after consistency, pressed for an opportunity where they might abandon their former a.s.sociates without the appearance of abandoning their old principles.

There were others who followed a middle course, and were always with the greater crowd and the more intense enthusiasm, who demanded the same means of escape.

There was a consideration of some weight which no doubt influenced the decision of the Confederates. It was this: the Roman Catholic clergymen had given unmitigated opposition to the Confederation. Their hostility had been the most formidable obstacle in its way; and it was a.s.sumed that the presence of some leading churchmen among the Confederates, would remove the distrust which the former opposition of the priesthood had mainly tended to create.

These were the chief considerations at the affirmative side. On a less pressing occasion, and at a former period, they might have been forcible, nay, even conclusive. But the issue had been then narrowed to one of actual force. John Mitchel was transported, and the most trusted of his comrades had pledged their lives to redeem their brother felon at any cost. Every consideration connected with the question should be examined and determined on in reference to that position and that pledge. Tested by them, the first above presented would thus resolve itself: either these men whose characteristic had been indecision, were sincere in seeking for an opportunity to redeem their patriotism by their blood, or they were not. If they were, they would never be restrained by the miserable fear of being charged with inconsistency. If they were not, the cause would be cursed by their adhesion. The same argument would apply to the priesthood with still more imperious force; such of them as were actually sincere would be found at their post at the hour of trial, in obedience to no form, but influenced by their own conscientiousness. Such of them as were insincere would be true to no obligation imposed by conventionality. Untrue to their convictions, they could not be faithful to their words. And finally--an argument which appears unanswerable and insuperable--Mr. John O'Connell and his immediate followers had so solemnly abjured, denounced and cursed the principles of the great majority with whom they were asked to league, that they could not comply without such a debas.e.m.e.nt of character as to compel the scorn of all men, not only to themselves, but all those with whom they were united. It could not fail to strike any ordinary observer that materials so incongruous and repulsive were incapable of cohesion; and the consequence must be the distrust of the more ardent of their followers at both sides.

These were my opinions. I pressed them at the time as strongly as I could, and perhaps more urgently than I ought. But I was absent from Dublin, and my remonstrances were vain. I would have retired in despair had I not been too deeply engaged. The Rev. John Kenyon did actually retire, influenced by the same motives which I refused to yield to, solely because retirement would brand me with an imputation of cowardice, which no explanation could ever efface. I refused all connection with the League, but continued to act in concert with my confederates, in establishing clubs and training the manhood of the country for the stern trial before it. My position rendered bold, undisguised and explicit language indispensable. This led to prosecution and arrest. The charge was supposed to be high treason and Mr. Richard O'Gorman wrote to me to inquire what I wished to have done in my behalf.

My answer was a distinct refusal to accept any aid from a body whose const.i.tution I could not approve. This circ.u.mstance is mentioned, not because it deserves distinct attention, or even a place in this narrative, but to prove that my objections to the dissolution of the Confederation, and my feeling that it was a fatal step, are not of recent growth, or founded on ex-post facto opinions. I feel bound to add, however, that I stood alone, or almost alone, as far as I have been able to hear. I dismiss the subject now, anxious to claim no praise, and ready to submit to the blame that may attach to my course, such as it was. I am only desirous, that in whatever memory of me my country may preserve, the truth alone should determine the public estimation of my conduct and character.

The League met, resolutions were adopted, and speeches made that meant nothing. New men came together, looked each other in the face, and turned away as if at the heart of each there was something with which he could not trust the other. There was a short, feeble and false flourish, and no more. Those who augured so sanguinely for its action and effect were disappointed. But they shamed openly to relinquish a project for sake of which they had made such sacrifices. By degrees, however, they sought to rekindle the embers of that fire which with thoughtless hand they aided to extinguish. The Government availing themselves of the inactivity that prevailed, and acting on the information they received, resolved to strike a second blow. Charles Duffy was arrested for an article which the Castle Organ branded as shrinking and cowardly, and which evidently lacked the burning spirit of the time. Immediately the clubs, which continued a precarious and unintelligible existence, came together and elected a directory of five from among their own members.

This directory consisted of Messrs. Dillon, Meagher, O'Gorman, Reilly, and M'Gee. What their exact duty was does not sufficiently appear. But I believe the fact to be that they never took counsel together.

Mr. Meagher and Mr. O'Gorman left town immediately. About that time I was actively engaged in Tipperary. On the same day and hour Mr. Meagher was arrested in Waterford and I in Cashel. An attempt was made to rescue both of us, and by us both the effort was checked. I knew nothing of what had occurred. I had been acting since the formation of the League on my own judgment and responsibility. Independent of the fact that the harvest was yet remote, and that we were tacitly pledged to await its coming, my experience for the previous month satisfied me that the people were far from being prepared; and I could not allow any personal considerations to influence the country at such a crisis. Mr.

Meagher was governed by similar motives. It might have been better had we acted otherwise, but with our then convictions, the least risk on our own account would have been selfish and criminal; and rather than be guilty of it we yielded to our fate. At the time each of us thought the charge against him was at least felony. It turned out otherwise, and though the magistrates who arrested and committed us refused to entertain the question whether or not the offence was bailable, and though we were both paraded through the country under an escort of several hundred men, the Government directed we should be admitted to bail. Mr. Meagher proceeded from Dublin to Limerick, where the indictment against him was found; and on the same day I was liberated from Nenagh Jail. Previous to my arrest, I had arranged to hold a meeting on the summit of Slievenamon mountain. It was fixed for the day after that on which I was liberated at Nenagh, which is at least fifty miles from the place of meeting. I was not liberated until late in the evening; but I resolved to be present at the meeting, and immediately proceeded on my journey. I travelled all night, partly on horseback and partly on foot, arriving at Cashel early in the morning. I there learned that Mr. Meagher and some friends of his from Limerick had also arrived with the same object as myself. We rode together to the mountain, followed by several thousands, a distance of twenty miles.

Fifty thousand men at least clambered that steep mountain side, under a scorching July sun. Four times as many would have been there to meet us, but it had been widely rumoured none of us would be there; and in fact most of those who came believed we were both in our prison-cells.

Besides this, efforts were made by men high in the confidence of the leaders and the country to prevent the meeting altogether. To fix their motives was difficult, but it would be hazardous to attribute to them any but the best. Facts have since proved, however, that their patriotism had even then begun to halt. The Rev. Mr. Byrne, of whom much shall be said, hereafter, was foremost in this endeavour, and actually dissuaded the people of Waterford, Carrick and Wexford from proceeding to the mountain. These people all remained in Carrick, and Mr. Meagher was informed that they were in a state of extreme excitement. This intelligence determined him to leave the mountain suddenly and proceed to meet his fellow-townsmen. Had all these been allowed to attend the meeting, our resolution might have been very different from what it was.

But we were, in fact, disappointed and chagrined. The mountain-top had been selected for many reasons. Princ.i.p.al among them were these: Public meetings in Ireland had actually become a farce. We determined to hold one from which all senseless and idle brawlers would be excluded. The difficulty of ascending the hill would, we thought, sufficiently test the courage and sincerity of our followers. Secondly, we wished for a spot not accessible to her majesty's troops, so as to avoid a chance of a collision. Thirdly, we thought it would be a precaution against detectives; and finally, it was possible we might determine on some bolder step when we saw our strength. The excitement in Carrick had nearly become uncontrollable, when Mr. Meagher arrived there, and it was deemed advisable to lead the people out of the town. The distance to Waterford is twelve Irish miles, over the entire of which the procession stretched; and so dense was the crowd that Mr. Meagher did not arrive in Waterford sooner than three o'clock, next morning. It may well be supposed that such a scene of excitement, heat and tumult, afforded but little opportunity for deliberation. I was able to speak with my friend only in brief s.n.a.t.c.hes; and I did not afterward see him until it was too late to take counsel for the future.

The meeting on that day, the evening scene at Carrick, and the arrival in Waterford, were relied on by the English minister, as a perfect justification for the suspension of the Habeas Corpus Act. Others and more powerful ones influenced the Cabinet; and foremost among these was the great meeting at New York, which too clearly evidenced the purpose of America, should the struggle proceed. I had no communication, directly or indirectly, with any of my comrades after that day, save one letter from Mr. O'Brien. This letter had reference solely to my approaching trial, which he signified his wish to be present at. To this letter I replied, informing him that it had been intimated to me that a number of men would a.s.semble, armed, near Nenagh, during the trial; and I besought him to be there for the purpose of preventing an outbreak, which I regarded as disastrous, unprepared as the people then were.

Neither the trial nor the meeting took place, and other events shaped our destiny.[9] A few days after the Slievenamon meeting, it was intimated to me that I was to be arrested on a second charge, the exact nature of which was not stated. I could not doubt the accuracy of my information, and being fully determined to preserve my liberty for the coming struggle, which under any circ.u.mstances could not be long delayed, I left home on the 22nd day of July, and proceeded through the country to the foot of Slievenamon. Here I took up my quarters at a farmer's house, where I remained two days and nights, in total ignorance of the circ.u.mstances then rapidly hurrying the crisis wherein our fondly cherished hopes were blasted.

FOOTNOTES:

[Footnote 8: From the position in which Mr. Carleton is now placed, it may be necessary to say that I do not allude to him.]

[Footnote 9: Since the above was written, I have heard it said that a report, current about the time of Mr. O'Brien's conviction, had been recently received here. The report was, that I promised Mr. O'Brien to have 50,000 men to meet him; which was his princ.i.p.al inducement to act as he did; and that I not only had not one man, but was myself absent when he came. The absurdity of the rumour was sufficiently proved by the fact that Mr. O'Brien did not come to me, or my part of the country, in the first instance. The real truth is that I never directly or indirectly, by word or letter, counselled the outbreak. Nay, more: I was as ignorant of Mr. O'Brien's purpose as the President of these States.

At the time of Mr. Mitchel's trial, I believe I expressed a very strong opinion in favour of rescuing him; and that opinion was grounded on the belief that the whole people would rise up _en ma.s.se_, and in one wild burst of vengeance, sweep their oppressors from the land. But neither then nor afterwards, did Mr. O'Brien give me the least reason to believe that he was prepared to resist the government in arms, save as far as he concurred in acts which had a tendency to that end.

When first the report above referred to was circulated, I wrote the strongest contradiction of it, and Mr. Meagher, with Mr. O'Brien's sanction, addressed the following note to the editor of the Tipperary _Vindicator_. I am sorry it should be in any way necessary to produce it here; but as this is the last time I shall ever refer to this subject, I thought it best to add this testimony to my own.

CLONMEL GAOL

"MR. MEAGHER fully authorises his friend, Mr. Lenihan, to state that the exculpation which appeared in a recent number of his paper, from Mr. Doheny, is the perfect truth.

"Mr. Meagher is most anxious to have this stated, for he has felt for a long time deeply pained at many of the false reports that have appeared against his friend--his dear and trusted friend, Michael Doheny.

"One of the most grievous of these reports has been that very false one, charging Mr. Doheny with having invited Mr. Smith O'Brien to the county Tipperary. Nothing could have been more false than this.

"Mr. Doheny, so far from inviting Mr. O'Brien to Tipperary, did not, in fact, know of his being in the county at all, until Mr.

Meagher told him, and that was on Tuesday, July 25th.