CHAPTER VIII

ARREST OF MR. O'BRIEN, OF MESSRS. MEAGHER AND O'DONOHOE.--ARREST OF

TERENCE BELLEW MACMANUS.--CLONMEL SPECIAL COMMISSION.--TRIAL,

CONVICTION, SPEECHES AND SENTENCE OF THE REBELS.--WRIT OF

ERROR.--COMMUTATION OF SENTENCE.--TRANSPORTATION OF THE HEROES.

Before proceeding further with the details of my own wanderings, I wish

to follow out to its conclusion the fate of those whom we parted with at

Ballingarry, and were destined to see no more, though, in doing so, I

must anticipate the order of time, in which the events took place. My

task here is more difficult and painful than any detail of facts,

however gloomy. There are always in the reverses of the brave, some

glimpses of glory to reconcile us to the dark disasters on our way; but

when calumny pursues their path, gnawing, with ceaseless tooth, the

priceless jewel of their character, the historian must shudder to find

his labour beset by the filth and rubbish the viper has left behind. In

this instance, that lesson of Mr. O'Connell's which was the most fatal

in its influence, found many believers. It was said, and said

unscrupulously, that Mr. O'Brien and his followers were actual agents of

the British Government, suborned to precipitate the country into

revolution, for which they were to receive large possessions and

lucrative employment beyond the sea. It was the constant habit of Mr.

O'Connell, when any one proposed a course bolder than his own, to

suggest that he was doing the business of the enemy. He may have

adopted this course in his self-assumed character of Dictator, as the

surest and speediest means of clearing all obstructions out of his way.

Whatever his motive, it was an unworthy resource; for it supplied the

meanest minds with an example and a pretext for the gratification of

their own vile propensities. Their voice was heard, amid the silence of

mourning and death, when in an hour of universal dismay, John Mitchel

was borne from his loved fatherland; and still more audibly when the

dungeon closed on Smith O'Brien and his illustrious comrades. In the

latter instance, slander availed itself of an incident connected with

their arrest to justify its infamous conclusions. "If," it croaked,

"they were in earnest, why suffer themselves to be arrested so

easily?--Why come to the railway terminus?--Why parade on the high road

in front of a police barrack? In effect, why surrender?" But in Ireland

this was little heeded; nor should I deem it worthy of the least notice,

if it were not revived in the new world, under circumstances calculated

to give it credence and durability. At one time it is insinuated that

they "surrendered," such as "it was said they gave themselves up," and

immediately afterwards, in reference to the period or the fact, is to be

found "at the time of Mr. O'Brien's surrender." And again, in the same

breath, it is positively stated as a mere matter of course.

The propagator of this malignity knows it to be false. He knows also

that it serves the purpose of those who would charge the country's

truest and bravest with vilest treachery.

I shall pursue the theme no further. The truth is, Mr. O'Brien remained

among a people who were sorely stricken by terror. Their friends were

dead or scattered; and rumour, with a thousand tongues, multiplied the

most awful horrors which were said to be approaching them. Although they

received and sheltered Mr. O'Brien, he evidently saw that their

generosity cost them dearly, and that they were in the utmost alarm. His

own privations he could endure; but not the fear and suffering his

presence caused to others. This, and this only, determined him in the

first instance. He might also have hoped that if he could reach the

neighbourhood of his own home, he would be defended with desperate

fidelity. He was aware that Mr. Richard O'Gorman was in that district,

and he had been informed that he was followed by thousands. That he did

not seek to reach the county Limerick by some other means of

conveyance--by a car, on foot, or on horseback--may be a mistake of

judgment; but none would be free from peril: and had he escaped

detection at Thurles, there would not be the least danger, until he

reached Cahermoyle, as the rest of the journey would be entirely by

night. His sagacity may be questioned, perhaps, but it is extreme

villainy to question his purpose. He took that course only and solely

because he thought it the safest; and he had no more intention of

surrendering than I had when I crossed by the packet to Boulogne.

Mr. Meagher and Mr. O'Donohoe were arrested under circumstances over

which they had still less control. They were utterly unacquainted with

the country, and did not know, if they left the high road, but the first

house they might approach would be a police barrack. They had made every

attempt desperation could suggest to rouse the people, but in vain.

They were opposed by some, shunned by some, and from some they received

false counsel. They had exhausted the welcome of all who were inclined

to receive them, and they knew not one step of their way. Previously,

too, Mr. Meagher had peremptorily refused to avail himself of a mode of

escape provided for him and he equally peremptorily refused to listen to

any terms from Government, which did not include all his comrades. His

object, on the night he was arrested, was to make another trial at

Cashel, which he designed to approach by a circuitous route.

The 6th day of August was the date of Mr. O'Brien's arrest; the 13th of

August that of Messrs. Meagher and O'Donohoe, and the 7th of September

that of Mr. MacManus. Mr. O'Brien was taken at the Thurles railway

station; Messrs. Meagher and O'Donohoe, near Rathgannon, on the road

between Clonoulty and Holycross, about five miles from Thurles, and Mr.

MacManus on board the ship _N.D. Chase_, in the bay of Cove, on the 7th

of September. They were each conveyed to Kilmainham Jail, in the first

instance, where they remained until within a few days of the opening of

the special commission at Clonmel. This took place on Thursday, the 21st

of Sept., when the bills were found, but six days were allowed to Mr.

O'Brien and the rest of the prisoners to peruse the indictment, with

copies of which they were respectively furnished. On Thursday, the 28th,

the trial of Mr. O'Brien commenced; that of Mr. MacManus on the 9th of

October; that of Mr. O'Donohoe on the 13th, and that of Mr. Meagher on

the 16th.

Juries were empanelled in each case, from whose prejudice and bad faith

verdicts for high treason were expected, even though the evidence only

sustained a charge of common assault. Roman Catholics were, in the first

instance, scrupulously excluded; but after the first two verdicts one or

two were admitted, upon whose weakness of character, or genteel

aspirations, the Government might safely rely. It is but justice to say

that, according to the law expounded by the Bench, and the evidence

given on the table, any other verdict was not to be expected. But a jury

differently composed, a jury of Englishmen, with their country, their

liberties and their lives perilled to the last extremity by

misgovernment and maladministration of law, would have spurned the law

and the evidence, and relied on the great fundamental rights of humanity

so flagrantly outraged by the Government that then appeared as

prosecutors.

The scene presented by Clonmel excited much public surprise. Newspaper

correspondents magnified the sullen gloom that prevailed into popular

apathy or national cowardice, as suited the bent or purpose of their

employers. The truth was, the people exhibited during the trial a decent

and respectful forbearance. Empty parade or vociferous sorrow would only

mock the lofty purpose of the sufferers; and besides, the mortification

which rankled in the public heart was too deep for utterance. The hopes

of the people had been dashed, and they were stunned and stupefied by

their fall. But so far from being apathetic, nightly assemblages were

held to consider if, even in that extremity, something was not yet

possible to be done.

But, if there were a show of popular indifference on the streets, the

courthouse presented a very different spectacle. There everything

manifested an intense bitterness of purpose; the court, composed of the

two most unscrupulous partisans, Chief Justices Blackbourne and Doherty,

and the weakest or falsest political convert, Mr. Justice Moore,

simulated the uncontrollable emotions which an overweening loyalty awoke

in the bosom of the Catholic Attorney-General. So far were their

lordships swayed by the spirit of imitativeness, that the most polished

speakers, mistaking the incoherent jargon of the official for the broken

utterance of overwrought zeal and shocked loyalty, mimicked his

distempered language as the only befitting medium of expression for

disturbed feelings such as theirs. The simplest and most usual

facilities accorded to murderers and pickpockets on their trial were

rudely denied the counsel for the defence. The principles of law,

recognised in England as sacred, were scouted from the bench, and the

farce of trial proceeded through its different stages to the final

_denouement_ with perfect regularity, every one performing the part

assigned him with unerring accuracy.

Of the intrepid ability which struggled against this fearful combination

of bigotry, prejudice and passion, at the bar, on the bench and in the

box, I do not purpose to speak here. But I would be unfaithful to my

trust, and unjust to the rarest heroism, if I did not record the

fortitude and fidelity of O'Donnell, from whom the menaces of the crown,

or the frown of the bench, could not wring one word of evidence. In an

ordinary man, this would be singular intrepidity; but circumstanced

as O'Donnell was, it amounted to a Roman virtue. One brother of his, a

doctor, was in jail at Liverpool, charged with political felony; another

was hunted through the country, and another was in irons, involved in

the same charge as the illustrious accused; for them all he could

command his own terms, for much depended on his testimony; but though

doom were upon them, and a word of his could avert it, he refused to

speak. Honour be his. His integrity almost cancelled the shame and

darkness of those disastrous times.

[Illustration: The Widow McCormack's House, near Ballingarry]

I can add nothing to the testimony that established the fortitude,

manliness and dignity of the prisoners, as beyond precedent or example.

That their bearing, one and all, was truly noble, friends and foes took

pride in attesting.[11] It was a solemn and a glorious sight; and men,

through all time, will turn to that Clonmel dock to learn the

inestimable and imperishable value of sincere and lofty convictions and

a truly heroic soul.

Of the speeches that follow, it will be observed that Mr. O'Brien's was

delivered before the fate of his comrades was known. No man had ever

greater need of vindicating others if not himself. No man ever possessed

in a higher degree the capacity and strength to do so. He was satisfied

it was the last opportunity he would ever have on earth for

explanation. Yet, lest any sentiment of his might injuriously affect

those that were then, or might thereafter be on their trial, he forebore

to assert the principles of which he was there the martyr, and of which

he was more than ever proud. It was to the same unselfish sentiment he

yielded, when consenting to say, "Not guilty," to a charge he would have

felt the greatest glory in avowing.

I despair of conveying to my readers an adequate idea of the gloom and

horror of the scene in which those immortal words were spoken. Death,

near and terrible, was in the future. The recollection of ten days'

infamy peopled the present with ghastly images of evil. Vindictiveness

inexorable glared from the bench. The dust around the feet of the

speakers was laden with guilt. It would not rise to the briskest breeze,

beneath the clearest sky, in light summer air, so heavy had the tread of

murder been upon it. And oh, to think when they closed their eyes upon

this world, what deeper death they left their country ... Will no day of

vengeance come, O God! . . .

One of those benefits of the British constitution, which excites the

mortal envy of benighted "surrounding nations," is this, that the law

lies to the face of death, in the usual question addressed to the

condemned: "Whether he had anything to say why sentence of death and

execution should not be passed upon him?" when the most conclusive

reasons that ever innocence had to offer would be worse than vain. On

the morning of the 9th of October, 1848, this barbarous mockery was

addressed to William Smith O'Brien, and he answered thus:--

MR. O'BRIEN.--"My lords, it is not my intention to enter into

any vindication of my conduct, however much I might have desired

to avail myself of this opportunity of so doing. I am perfectly

satisfied with the consciousness that I have performed my duty

to my country--that I have done only that which, in my opinion,

it was the duty of every Irishman to have done, and I am now

prepared to abide the consequences of having performed my duty

to my native land. Proceed with your sentence." (Cheers in the

gallery.)

On the morning of the 23rd of the same month, the same formula was

repeated to Terence Bellew MacManus, Patrick O'Donohoe, and Thomas

Francis Meagher, who replied respectively as follows:--

MR. M'MANUS.--"My lords, I trust I am enough of a Christian and

enough of a man to understand the awful responsibility of the

question that has been put to me. My lords, standing on this my

native soil--standing in an Irish court of justice, and before

the Irish nation--I have much to say why the sentence of death,

or the sentence of the law, should not be passed upon me. But,

my lords, on entering this court, I placed my life, and what is

of much more importance to me--my honour--in the hands of two

advocates; and, my lords, if I had ten thousand lives, and ten

thousand honours, I would be content to place them under the

watchful and the glorious genius of the one and the high legal

ability of the other. My lords, I am content. In that regard I

have nothing to say. But I have a word to say, which no

advocate, however anxious, can utter for me. I have this to say,

my lords, that whatever part I may have taken through any

struggle for my country's independence--whatever part I may have

acted in that short career--I stand before your lordships now

with a free heart, and with a light conscience, ready to abide

the issue of your sentences. And now, my lords, perhaps this is

the fittest time that I might put one sentiment on record, and

it is this: Standing as I do between this dock and the scaffold;

it may be now, or to-morrow, or it may be never; but whatever

the result may be, I have this sentiment to put on record. That

in any part I have taken, I have not been actuated by animosity

to Englishmen. For I have spent some of the happiest and most

prosperous days of my life in England; and in no part of my

career have I been actuated by enmity to Englishmen, however

much I may have felt the injustice of English rule on this

island. My lords, I have nothing more to say. It is not for

having loved England less, but for having loved Ireland more,

that I stand now before you."

Mr. O'Donohoe confined himself to a few words concerning his trial.

MR. MEAGHER.--"My lords, it is my intention to say a few words

only. I desire that the last act of a proceeding which has

occupied so much of the public time should be of short duration.

Nor have I the indelicate wish to close the dreary ceremony of a

State prosecution with a vain display of words. Did I fear that

hereafter when I shall be no more the country I have tried to

serve would think ill of me, I might, indeed, avail myself of

this solemn moment to vindicate my sentiments and my conduct.

But I have no such fear. The country will judge of those

sentiments and that conduct in a light far different from that

in which the jury by which I have been convicted have viewed

them; and by the country, the sentence which you, my lords, are

about to pronounce, will be remembered only as the severe and

solemn attestation of my rectitude and truth. Whatever be the

language in which that sentence be spoken, I know that my fate

will meet with sympathy, and that my memory will be honoured. In

speaking thus, accuse me not, my lords, of an indecorous

presumption. To the efforts I have made in a just and noble

cause, I ascribe no vain importance--nor do I claim for those

efforts any high reward. But it so happens, and it will ever

happen so, that they who have tried to serve their country, no

matter how weak the effort may have been, are sure to receive

the thanks and the blessings of its people. With my country,

then, I leave my memory--my sentiments--my acts--proudly feeling

that they require no vindication from me this day. A jury of my

countrymen, it is true, have found me guilty of the crime of

which I stood indicted. For this I entertain not the slightest

feeling of resentment toward them. Influenced as they must have

been by the charge of the Lord Chief Justice, they could have

found no other verdict. What of that charge? Any strong

observations on it, I feel sincerely, would ill befit the

solemnity of this scene; but I would earnestly beseech of you,

my lord--you, who preside on that bench--when the passions and

the prejudices of this hour have passed away to appeal to your

conscience, and ask of it was your charge as it ought to have

been, impartial and indifferent between the subject and the

Crown. My lords, you may deem this language unbecoming in me,

and perhaps it may seal my fate. But I am here to speak the

truth, whatever it may cost. I am here to regret nothing I have

ever done--to retract nothing I have ever said. I am here to

crave with no lying-lip the life I consecrate to the liberty of

my country. Far from it: even here--here, where the thief, the

libertine, the murderer, have left their footprints in the dust;

here, on this spot, where the shadows of death surround me, and

from which I see my early grave in an unanointed soil opened to

receive me--even here, encircled by these terrors, the hope

which has beckoned me to the perilous sea upon which I have

been wrecked, still consoles, animates, enraptures me. No I do

not despair of my poor old country, her peace her liberty, her

glory. For that country I can do no more than bid her hope. To

lift up this island--to make her a benefactor to humanity,

instead of being the meanest beggar in the world--to restore to

her her native Powers and her ancient constitution--this has

been my ambition, and this ambition has been my crime. Judged by

the law of England, I know this crime entails the Penalty of

death; but the history of Ireland explains this crime, and

justifies it. Judged by that history, I am no criminal--you

(addressing Mr. MacManus) are no criminal--you (addressing Mr

O'Donohoe) are no criminal--I deserve no punishment--we deserve

no punishment. Judged by that history the treason of which I

stand convicted loses all its guilt, is sanctified as a duty,

will be ennobled as a sacrifice. With these sentiments, my lord

I await the sentence of the court. Having done what I felt to be

my duty--having spoken what I felt to be the truth, as I have

done on every other occasion of my short career, I now bid

farewell to the country of my birth, my passion and my

death--the country whose misfortunes have invoked my

sympathies--whose factions I have sought to still--whose

intellect I have prompted to a lofty aim--whose freedom has been

my fatal dream. I offer to that country, as a proof of the love

I bear her, and the sincerity with which I thought, and spoke,

and struggled for her freedom--the life of a young heart, and

with that life, all the hopes, the honours, the endearments, of

a happy and an honourable home. Pronounce then, my lords, the

sentence which the law directs, and I will be prepared to hear

it. I trust I shall be prepared to meet its execution. I hope to

be able, with a pure heart and perfect composure, to appear

before a higher Tribunal--a tribunal where a Judge of infinite

goodness, as well as of justice will preside, and where, my

lords, many--many of the judgments of this world will be

reversed."

The sentence of the court was then pronounced, as it had been previously

on Mr. O'Brien. It was in the following words:--

"That sentence is, that you Terence Bellew MacManus, you Patrick

O'Donohoe, and you Thomas Francis Meagher, be taken hence to the

place from whence you came, and be thence drawn on a hurdle to

the place of execution; that each of you be there hanged by the

neck until you are dead, and that afterward the head of each of

you shall be severed from the body, and the body of each divided

into four quarters, to be disposed of as her Majesty may think

fit. And may Almighty God have mercy upon your souls."

A writ of error was sued out principally on the ground that the

principles of constitutional law were violated. The House of Lords

finally quashed the error and confirmed the judgment. Meantime, the

country, or a great portion of the people, took the last step in the

direction of debasement by praying the Queen and the Lord Lieutenant for

a free pardon. The petitions were spurned; but her Majesty, yielding to

the powerful sentiment of abhorrence against the punishment of death for

political offences, commuted the sentence into transportation for life.

This final sentence was carried into effect on the 9th day of July,

1849, when the ship of war _Swift_ spread her sails and hoisted her

felon flag, bearing out to sea, and having on board the four illustrious

exiles.

Martin and O'Doherty had been conveyed to Cork on board the _Triton_,

on the 16th of June, whence they were sent to herd with common

malefactors on board the _Mount Stewart Elphinstone_--at the time

infested with the plague. This vessel remained off Spike Island while

the cholera was doing its ravages among her passengers, and finally put

to sea, with the patriots and pestilence, a few days before the

departure of the _Swift_.

FOOTNOTES:

[Footnote 11: The following is from the _Freeman's Journal_:--An eminent

Queen's counsel, who was present during the awful ordeal, was heard to

give utterance to a sentiment so truthfully graphic that we record it in

full:--"Well," said he, his eyes full and his countenance flushed with

emotion, "never was there such a scene--never such true heroism

displayed before. Emmet and Fitzgerald, and all combined did not come up

to that--so dignified, so calm, so heroic. HE _is_ a hero."]

The Felon's Track; Or, History of the Attempted Outbreak in Ireland Embracing the Leading Events in the Irish Struggle From the Year 1843 to the Close of 1848 · 第 8 / 10 章