THE ATTORNEY-GENERAL,

_My Lord, and Gentlemen of the Jury_:

It is my duty to state, as concisely as I can, the nature of the charge

which has been preferred against the prisoner at the bar, and also the

nature of the evidence which will be produced to substantiate the

charge. It will require on your part the most deliberate consideration;

because it is not only the highest crime of which at all times the

subject can be guilty, but it receives, if possible, additional

aggravation when we consider the state of Europe, and the lamentable

consequences which revolution has already brought upon it.

Perhaps at former periods some allowance might be made for the heated

imagination of enthusiasts; perhaps an extravagant love of liberty,

might for a moment supersede a rational understanding, and might be

induced, for want of sufficient experience or capacity, to look for that

liberty in revolution. But it is not the road to liberty. It throws the

mass of the people into agitation, only to bring the worst and the most

profligate to the surface. It originates in anarchy, proceeds in

bloodshed, and ends in cruel and unrelenting despotism.

Therefore, Gentlemen, the crime of which the prisoner stands charged,

demands the most serious and deep investigation, because it is in its

nature a crime of the blackest die, and which, under all existing

circumstances, does not admit of a momentary explanation.

Gentlemen, the prisoner stands indicted under a very ancient statute—the

25th of Edward III.—and the indictment is grounded on three clauses. The

first relates to compassing and imagining the death of the king—the

second in adhering to his enemies—and the third in compassing to levy

war against him. The two latter, namely, that of adhering to the king’s

enemies, and that of compassing to levy war, are so intelligible in

themselves that they do not require any observation upon them. But the

first admits of some technical considerations, and may require on my

part a short explanation.

In the language of the law, compassing the death of the king, does not

mean or imply necessarily, any immediate attack upon his person. But any

conspiracy, which has for its object an alteration of the laws,

constitution, and government of the country by force, uniformly leads to

anarchy and general destruction, and finally tends to endanger the life

of the king. And, therefore, where that design is substantiated, and

manifested by overt acts, whenever the party entertaining the design,

uses any means to carry his traitorous intentions into execution, the

crime of compassing and imagining the death of the king is complete.

Accordingly, gentlemen, this indictment particularly states overt acts,

by which the prisoner disclosed the traitorous imagination of his

heart—and, if it shall be necessary, those particular overt acts, and

the applicability of the evidence which will be produced to support

them, will be stated at large to you by the court, and therefore it will

not be necessary for me now to trespass upon the public time, by a

minute examination of them.

Gentlemen, having heard the charge against the prisoner, you will

naturally feel that your duty will require an investigation into two

distinct points: first, whether there has, or has not existed a

traitorous conspiracy and rebellion for the purpose of altering the law,

the constitution, and the government of the country by force?—And,

secondly, whether the prisoner has in any, and in what degree,

participated in that conspiracy and rebellion?

Gentlemen, I do not wish to undertake to speak in the prophetic: but

when I consider the vigilance and firmness of his majesty’s government,

the spirit and discipline of his majesty’s troops, and that armed valour

and loyalty which, from one end of the country to the other, has raised

itself for the purpose of crushing domestic treason, and, if necessary,

of meeting and repelling a foreign foe, I do not think it unreasonable

to indulge a sanguinary hope, that a continuance of the same conduct

upon the part of government, and of the same exertions upon the part of

the people, will long preserve the nation free, happy and independent.

Gentlemen, upon former occasions, persons were brought to the bar of

this court, implicated in the rebellion, in various, though inferior

degrees. But if I am rightly instructed, we have now brought to the bar

of justice, not a person who has been seduced by others, but a gentleman

to whom the rebellion may be traced as the origin, the life, and soul of

it. If I mistake not, it will appear that some time before Christmas

last, the prisoner, who had visited foreign countries, and who for

several months before had made a continental tour, embracing France,

returned to this country, full of those mischievous designs which have

been so fully exposed. He came from that country, in which he might well

have learned the necessary effects of revolution; and therefore, if he

be guilty of treason, he embarked in it with his eyes open, and with a

previous knowledge of all its inevitable consequences.—But,

notwithstanding, I am instructed that he persevered in fomenting a

rebellion, which I will be bold to say, is unexampled in any country,

ancient or modern. A rebellion which does not complain of any existing

grievances, which does not flow from any immediate oppression, and which

is not pretended to have been provoked by our mild and gracious king, or

by the administration employed by him, to execute his authority. No,

gentlemen, it is a rebellion which avows itself to come, not to remove

any evil which the people feel, but to recal the memory of grievances,

which, if they ever existed, must have long since passed away.

You will recollect, gentlemen, that in the large proclamation there was

a studied endeavour to persuade a large portion of the people that they

had no religious feuds to apprehend from the establishment of a new

government. But the manifesto upon which I am now about animadverting

has taken a somewhat different course, and has revived religious

distinctions at the very moment in which it expresses a desire to

extinguish them.

“Orangemen, add not to the catalogue of your follies and crimes, already

have you been duped to the ruin of the country, in the legislative union

with its tyrant; attempt not an opposition; return from the paths of

delusion; return to the arms of your countrymen, who will receive and

hail your repentance. Countrymen of all descriptions, let us act with

union and concert; all sects, Catholic, Protestant, Presbyterian, are

equal and indiscriminately embraced in the benevolence of our object?” I

will not apply to this passage all the observations that press upon my

mind, because I am sincerely desirous that one feeling and one spirit

should animate us all. I cannot but lament that there should be so many

sectaries in religion, but trust in God there will be found amongst us

but one political faith. But this manifesto is equally unfortunate in

every instance in which it prescribes moderation. Attend to the advice

by which it instigates the citizens of Dublin: “In a city each street

becomes a defile and each house a battery; impede the march of your

oppressors, charge them with the arms of the brave, the pike, and from

the windows and roofs hurl stones, bricks, bottles, and all other

convenient implements, on the heads of the satellites of your tyrant,

the mercenary, the sanguinary soldiery of England.”

Having thus roused them, it throws in a few words of composure,

“repress, prevent, and discourage excesses, pillage, and intoxication;”

and to ensure that calmness of mind which is so necessary to qualify

them for the adoption of this salutary advice, it desires that they will

“remember against whom they fight, their oppressors for 600 years:

remember their massacres, their tortures; remember your murdered

friends, your burned houses, your violated females.” Thus affecting to

recommend moderation, every expedient is resorted to, which could tend

to inflame sanguinary men to the commission of sanguinary deeds.

Gentlemen, you must by this time be somewhat anxious to know the

progress of the general, who escaped the memorable action which was to

be fought, and the first place in which I am enabled to introduce him to

you, is at the house of one Doyle, who resides near the Wicklow

mountains. There the general and his companions took refuge, at the

commencement of the following week: they arrived there at a late hour;

the general was still dressed in his full uniform, with suitable lace

and epaulets, and a military cocked hat, with a conspicuous feather. Two

other persons were also decorated in green and gold. From thence they

proceeded to the house of Mrs. Bagnall, and returned to the city of

Dublin. What became of the other persons is foreign to the present

inquiry, but we trace the prisoner from those mountains to the same

house in Harold’s Cross, in which he formerly resided, and assuming the

old name of Hewit; he arrived there the Saturday after the rebellion.

Having remained a month in this concealment, information was had, and

Major Sirr, to whose activity and intrepidity the loyal citizens of

Dublin are under much obligation, did confer an additional, and a

greater one, by the zealous discharge of his duty on this occasion. He

came by surprise on the house, having sent a countryman to give a single

rap, and the door being, opened, the Major rushed in, and caught Mrs.

Palmer and the prisoner sitting down to dinner; the former withdrew, and

the Major immediately asked the prisoner his name, and, as if he found a

gratification in assuming a variety of titles, he said his name was

Cunningham, that he had that day arrived in the house, having been upon

a visit with some friends in the neighbourhood; the Major then left him

in charge of another person, and went to inquire of Mrs. Palmer

concerning him; she said he was a very proper young man of the name of

Hewit, and that he had been in her house about a month: the Major at

this moment heard a noise, and he found that the prisoner was

endeavouring to make his escape, and having been struck with a pistol by

the person who had the custody of him, he was by that means detained;

immediately further assistance was called in from a neighbouring

guard-house, and an additional sentry was put upon him. The Major then

again proceeded further to interrogate Mrs. Palmer, when the prisoner

made another effort, got into the garden through the parlour window, but

was at length overtaken by the Major, who at the peril of his own life,

fortunately secured him. When the Major apologized for the roughness

with which he was obliged to treat him, the prisoner replied, “all is

fair in war.”

Gentlemen, you have the life of a fellow subject in your hands, and by

the benignity of our laws, he is presumed to be an innocent man until

your verdict shall find him guilty.

If upon the evidence you shall be so satisfied that this man is guilty,

you must discharge your duty to your king, your country, and to your

God. If, on the other hand, nothing shall appear sufficient to affect

him, we shall acknowledge that we have grievously offended him, and will

heartily participate in the common joy that must result from the

acquittal of an honest man.

The life, trial and conversations of Robert Emmet, Esq., leader of the Irish insurrection of 1803 · 第 6 / 11 题