STEPHEN JOSEPH MEANY.

The connexion of Stephen Joseph Meany with Irish politics dates back to

1848, when he underwent an imprisonment of some months in Carrickfergus

Castle, under the provisions of the _Habeas Corpus_ Suspension Act. He

had been a writer on one of the national newspapers of that period, and

was previously a reporter for a Dublin daily paper. He joined the Fenian

movement in America, and was one of the "Senators" in O'Mahony's

organization. In December, 1866, he crossed over to England, and in the

following month he was arrested in London, and was brought in custody

across to Ireland. His trial took place in Dublin on the 16th of

February, 1867, when the legality of the mode of his arrest was denied

by his counsel, and as it was a very doubtful question, the point was

reserved to be considered by a Court of Appeal. This tribunal sat on May

the 13th, 1867, and on May the 18th, their decision confirming the

conviction was pronounced. It was not until the 21st of the following

month, at the Commission of Oyer and Terminer that he was brought up for

sentence. He then delivered the following able address to show "why

sentence should not be passed on him":--

"My lords--There are many reasons I could offer why sentence should

not--could not--be pronounced upon me according to law, if seven

months of absolute solitary imprisonment, and the almost total disuse

of speech during that period, had left me energy enough, or even

language sufficient to address the court. But yielding obedience to a

suggestion coming from a quarter which I am bound to respect, as well

indeed as in accordance with my own feelings, I avoid everything like

speech-making for outside effect. Besides, the learned counsel who so

ably represented me in the Court of Appeal, and the eminent judges

who in that court gave judgment for me, have exhausted all that could

be said on the law of the case. Of their arguments and opinions your

lordships have judicial knowledge. I need not say that both in

interest as in conviction I am in agreement with the constitutional

principles laid down by the minority of the judges in that court, and

I have sufficient respect for the dignity of the court--sufficient

regard to what is due to myself--to concede fully and frankly to the

majority a conscientious view of a novel and, it may be, a difficult

question.

"But I do not ask too much in asking that before your lordships

proceed to pass any sentence you will consider the manner in which

the court was divided on that question--to bear in mind that the

minority declaring against the legality and the validity of the

conviction was composed of some of the ablest and most experienced

judges of the Irish bench or any bench--to bear in mind that one of

these learned judges who had presided at the Commission Court was one

of the most emphatic in the Court of Criminal Appeal in declaring

against my liability to be tried; and moreover--and he ought to

know--that there was not a particle of evidence to sustain the cause

set up at the last moment, and relied upon by the crown, that I was

an 'accessory before the fact' to that famous Dublin overt act, for

which, as an afterthought of the crown, I was in fact tried. And I

ask you further to bear in mind that the affirmance of the conviction

was not had on fixed principles of law--for the question was

unprecedented--but on a speculative view of a suppositious case, and

I must say a strained application of an already over-strained and

dangerous doctrine--the doctrine of constructive criminality--the

doctrine of making a man at a distance of three thousand miles or

more, legally responsible for the words and acts of others whom he

had never seen, and of whom he had never heard, under the fiction, or

the 'supposition,' that he was a co-conspirator. The word

'supposition' is not mine, my lords; it is the word put forward

descriptive of the point by the learned judges presiding at my trial;

for I find in the case prepared by these judges for the Court of

Criminal Appeal the following paragraph:--

"'Sufficient evidence was given on the part of the crown of acts of

members of the said association in Ireland not named in the

indictment in promotion of the several objects aforesaid, and done

within the county of the city of Dublin, to sustain some of the overt

acts charged in the indictment supposing them to be the acts of the

defendant himself.'

"Fortified by such facts--with a court so divided, and with opinions

so expressed--I submit that, neither according to act of parliament,

nor in conformity with the practice at common law, nor in any way in

pursuance of the principles of that apocryphal abstraction, that

magnificent myth--the British constitution--am I amenable to the

sentence of this court--or any court in this country. True, I am in

the toils, and it may be vain to discuss how I was brought into them.

True, my long and dreary imprisonment--shut away from all converse or

association with humanity, in a cell twelve feet by six--the

humiliations of prison discipline--the hardships of prison fare--the

handcuffs, and the heartburnings--this court and its surroundings of

power and authority--all these are 'hard practical facts,' which no

amount of indignant protests can negative--no denunciation of the

wrong refine away; and it may be, as I have said, worse than

useless--vain and absurd--to question the right where might is

predominant. But the invitation just extended to me by the officer of

the court means, if it means anything--if it be not like the rest, a

solemn mockery--that there still is left to me the poor privilege of

complaint. And I do complain. I complain that law and justice have

been alike violated in my regard--I complain that the much belauded

attribute 'British fair play' has been for me a nullity--I complain

that the pleasant fiction described in the books as 'personal

freedom' has had a most unpleasant illustration in my person--and I

furthermore and particularly complain that by the design and

contrivance of what are called 'the authorities,' I have been brought

to this country, not for trial but for condemnation--not for justice

but for judgment.

"I will not tire the patience of the court, or exhaust my own

strength, by going over the history of this painful case--the

kidnapping in London on the mere belief of a police-constable that I

was a Fenian in New York--the illegal transportation to Ireland--the

committal for trial on a specific charge, whilst a special messenger

was despatched to New York to hunt up informers to justify the

illegality and the outrage, and to get a foundation for any charge. I

will not dwell on the 'conspicuous absence' of fair play, in the

crown at the trial having closed their cases without any reference to

the Dublin transaction, but, as an afterthought, suggested by their

discovered failure, giving in evidence the facts and circumstances of

that case, and thus succeeding in making the jury convict me for an

offence with which up to that moment the crown did not intend to

charge me. I will not say what I think of the mockery of putting me

on trial in the Commission Court in Dublin for alleged words and acts

in New York, and though the evidence was without notice, and the

alleged overt acts without date, taunting me with not proving an

_alibi_, and sending that important ingredient to a jury already ripe

for a conviction. Prove an _alibi_ to-day in respect of meetings held

in Clinton Hall, New York, the allegations relating to which only

came to my knowledge yesterday! I will not refer with any bitter

feeling to the fact that whilst the validity of the conviction so

obtained was still pending in the Court of Criminal Appeal, the Right

Hon. and Noble the Chief Secretary for Ireland declared in the House

of Commons that 'that conviction was the most important one at the

Commission'--thus prejudicing my case, I will not say willingly; but

the observation was, at least, inopportune, and for me unfortunate.

"I will not speak my feeling on the fact that in the arguments in the

case in the Court for Reserved Cases, the Right Hon. the

Attorney-General appealed to the passions--if such can exist in

judges--and not to the judgment of the court, for I gather from the

judgment of Mr. Justice O'Hagan, that the right hon. gentleman made

an earnest appeal 'that such crimes' as mine 'should not be allowed

to go unpunished'.--forgetful, I will not say designedly forgetful,

that he was addressing the judges of the land, in the highest court

of the land, on matters of law, and not speaking to a pliant Dublin

jury on a treason trial in the court-house of Green-street.

"Before I proceed further, my lords, there is a matter which, as

simply personal to myself I should not mind, but which as involving

high interests to the community, and serious consequences to

individuals, demand a special notice. I allude to the system of

manufacturing informers. I want to know, if the court can inform me,

by what right a responsible officer of the crown entered my solitary

cell at Kilmainham prison on Monday last--unbidden and

unexpected--uninvited and undesired. I want to know what

justification there was for his coming to insult me in my solitude

and in my sorrow--ostensibly informing me that I was to be brought up

for sentence on Thursday, but in the same breath adroitly putting to

me the question if I knew any of the men recently arrested near

Dungarvan, and now in the prison of Kilmainham. Coming thus, with a

detective dexterity, carrying in one hand a threat of sentence and

punishment--in the other as a counterpoise and, I suppose an

alternative, a temptation to treachery. Did he suppose that seven

months of imprisonment had so broken my spirit, as well as my health,

that I would be an easy prey to his blandishments? Did he dream that

the prospect of liberty which newspaper rumour and semi-official

information held out to me was too dear to be forfeited for a

trilling forfeiture of honour? Did he believe that by an act of

secret turpitude I would open my prison doors only to close them the

faster on others who may or may not have been my friends--or did he

imagine he had found in me a Massey to be moulded and manipulated

into the service of the crown, or a Corridon to have cowardice and

cupidity made the incentives to his baseness. I only wonder how the

interview ended as it did; but I knew I was a prisoner, and

self-respect preserved my patience and secured his safety. Great, my

lords, as have been my humiliation in prison, hard and heart-breaking

as have been the ordeals through which I have passed since the 1st of

December last, there was no incident or event of that period fraught

with more pain on the one hand, or more suggestiveness on the other,

than this sly and secret attempt at improvising an informer. I can

forget the pain in view of the suggestiveness; and unpleasant as is

my position here to-day, I am almost glad of the opportunity which

may end in putting some check to the spy system in prisons. How many

men have been won from honour and honesty by the stealthy visit to

the cell is more of course than I can say--how many have had their

weakness acted upon, or their wickness fanned into flame by which

means I have no opportunity of knowing--in how many frailty and folly

may have blossomed into falsehood it is for those concerned to

estimate. There is one thing, however, certain--operating in this way

is more degrading to the tempter than to the tempted; and the

government owes it to itself to put an end to a course of tactics

pursued in its name, which in the results can only bring its

humiliation--the public are bound in self-protection to protect the

prisoner from the prowling visits of a too zealous official.

"I pass over all these things, my lords, and I ask your attention to

the character of the evidence on which alone my conviction was

obtained. The evidence of a special, subsidized spy, and of an

infamous and ingrate informer.

"In all ages, and amongst all peoples, the spy has been held in

marked abhorrence. In the amnesties of war there is for him alone no

quarter; in the estimate of social life no toleration; his

self-abasement excites contempt, not compassion; his patrons despise

while they encourage; and they who stoop to enlist the services

shrink with disgust from the moral leprosy covering the servitor. Of

such was the witness put forward to corroborate the informer, and

still not corroborating him. Of such was that phenomenon, a police

spy, who declared himself an unwilling witness for the crown! There

was no reason why in my regard he should be unwilling--he knew me not

previously. I have no desire to speak harshly of Inspector Doyle; he

said in presence of the Crown Solicitor, and was not contradicted,

that he was compelled by threats to ascend the witness table; he may

have had cogent reasons for his reluctance in his own conscience. God

will judge him.

"But how shall I speak of the informer, Mr. John Devany? What

language should be employed in describing the character of one who

adds to the guilt of perfidy to his associates the crime of perjury

to his God?--the man who eating of your bread, sharing your

confidence, and holding, as it were, your very purse-strings, all the

time meditates your overthrow and pursues it to its accomplishment?

How paint the wretch who, under pretence of agreement in your

opinions, worms himself into your secrets only to betray them; and

who, upon the same altar with you, pledges his faith and fealty to

the same principles, and then sells faith, and fealty, and

principles, and you alike, for the unhallowed Judas guerdon? Of such,

on his own confession was that distinguished upholder of the British

crown and government, Mr. Devany. With an affrontery that did not

falter, and knew not how to blush, he detailed his own participation

in the acts for which he was prosecuting me as a participator. And is

the evidence of a man like that--a conviction obtained upon such

evidence--any warrant for a sentence depriving me of all that make

life desirable or enjoyable?

"He was first spy for the crown--in the pay of the crown, under the

control of the crown, and think you he had any other object than to

do the behests of the crown?

"He was next the traitor spy, who had taken that one fatal step, from

which in this life there is no retrogression--that one plunge in

infamy from which there is no receding--that one treachery for which

there is no earthly forgiveness; and, think you, he hesitated about a

prejury more or less to secure present pay and future patronage? Here

was one to whom existence offers now no prospect save in making his

perfidy a profession, and think you he was deterred by conscience

from recommending himself to his patrons? Think you that when at a

distance of three thousand miles from the scenes he professed to

describe, he could lie with impunity and invent without detection, he

was particular to a shade in doing his part of a most filthy bargain?

It is needless to describe a wretch of that kind--his own actions

speak his character. It were superfluous to curse him, his whole

existence will be a living, a continuing curse. No necessity to use

the burning words of the poet and say:--

"'May life's unblessed cup for him

Be drugged with treacheries to the brim.'

"Every sentiment in his regard of the country he has dishonoured, and

the people he has humbled, will be one of horror and hate. Every sigh

sent up from the hearts he has crushed and the homes he has made

desolate, will be mingled with execrations on the name of the

informer. Every heart-throb in the prison cells of this land where

his victims count time by corroding his thought--every grief that

finds utterance from these victims in the quarries of Portland will

go up to heaven freighted with curses on the Nagles, the Devanys, the

Masseys, the Gillespies, the Corridons, and the whole host of

mercenary miscreants, who, faithless to their friends and recreant to

their professions, have, paraphrasing the words of Moore, taken their

perfidy to heaven seeking to make accomplice of their God--wretches

who have embalmed their memories in imperishable infamy, and given

their accursed names to an inglorious immortality. Nor will I

speculate on their career in the future. We have it on the best

existing authority that a distinguished informer of antiquity seized

with remorse, threw away his blood-money, 'went forth and hanged

himself.' We know that in times within the memory of living men a

government actually set the edifying and praiseworthy example of

hanging an informer when they had no further use of his valuable

services--thus _dropping_ his acquaintance with effect. I have no

wish for such a fate to any of the informers who have cropped out so

luxuriantly in these latter days--a long life and a troubled

conscience would, perhaps, be their correct punishment--though

certainly there would be a consistent compensation--a poetic

justice--in a termination so exalted to a career so brilliant.

"I leave these fellows and turn for a moment to their victims. And, I

would here, without any reference to my own case, earnestly implore

that sympathy with political sufferers should not be merely

telescopic in its character, 'distance lending enchantment to the

view;' and that when your statesmen sentimentalize upon, and your

journalists denounce far-away tyrannies--the horrors of Neapolitan

dungeons--the abridgement of personal freedom in Continental

countries--the exercise of arbitrary power by irresponsible authority

in other lands--they would turn their eyes homeward, and examine the

treatment and the sufferings of their own political prisoners. I

would, in all sincerity, suggest that humane and well-meaning men,

who exert themselves for the remission of the death-penalty as a

mercy, would rather implore that the doors of solitary and silent

captivity should be remitted to the more merciful doom of an

immediate relief from suffering by immediate execution--the

opportunity of an immediate appeal from man's cruelty to God's

justice. I speak strongly on this point because I feel it deeply. I

speak not without example. At the Commission at which I was tried

there was tried also and sentenced a young man named Stowell. I well

remember that raw and dreary morning, the 12th March, when handcuffed

to Stowell I was sent from Kilmainham Prison to the County Gaol of

Kildare. I well remember our traversing, so handcuffed, from the town

of Sailing to the town of Naas, ancle deep in snow and mud, and I

recall now with pain our sad foreboding of that morning. These in

part have been fulfilled. Sunday after Sunday I saw poor Stowell at

chapel in Naas Gaol drooping and dying. One such Sunday--the 12th

May--passed and I saw him no more. On Wednesday, the 15th, he was, as

they say, _mercifully_ released from prison, but the fiat of mercy

had previously gone forth from a higher power--the political convict

simply reached his own home to die, with loving eyes watching by his

death-bed. On Sunday, the 19th May, he was consigned to another

prison home in Glasnevin Cemetery. May God have mercy on his

soul--may God forgive his persecutors--may God give peace and

patience to those who are doomed to follow.

"Pardon this digression, my lords, I could not avoid it. Returning to

the question, why sentence should not be pronounced upon me, I would

ask your lordships' attention to the fact showing, even in the

estimate of the crown, the case is not one for sentence.

"On the morning of my trial, and before the trial, terms were offered

to me by the crown. The direct proposition was made through my

solicitor, through the learned counsel who so ably defended me,

through the Governor of Kilmainham Prison--by all three--that if I

pleaded guilty to the indictment, I should get off with six months'

imprisonment. Knowing the pliancy of Dublin juries in political

cases, the offer was, doubtless, a tempting one. Valuing liberty, it

was almost resistless--in view of a possible penal servitude--but

having regard to principle, I spurned the compromise. I then gave

unhesitatingly, as I would now give, the answer, that not for a

reduction of the punishment to six hours would I surrender

faith--that I need never look, and could never look, wife or

children, friends or family, in the face if capable of such a selfish

cowardice. I could not to save myself imperil the safety of others--I

could not plead guilty to an indictment in which six others were

distinctly charged by name as co-conspirators with me--one of those

six since tried, convicted, and sentenced to death--I could not

consent to obtain my own pardon at their expense--furnish the crown

with a case in point for future convictions, and become, even though

indirectly, worthy to rank with that brazen battalion of venal

vagabonds, who have made the Holy Gospel of God the medium of barter

for their unholy gain, and obtained access to the inmost heart of

their selected victim only to coin its throbbing into the traitor's

gold and traffic on its very life-blood.

"Had I been charged simply with my own words and deeds I would have

no hesitation in making acknowledgement. I have nothing to repent

and nothing to conceal--nothing to retract and nothing to

countermand; but in the language of the learned Lord Chief Baron in

this case, I could not admit 'the preposterous idea of thinking by

deputy' any more than I could plead guilty to an indictment which

charge others with crime. Further, my lords, I could not acknowledge

culpability for the acts and words of others at a distance of three

thousand miles--others whom I had never seen, of whom I had never

heard, and with whom I never had had communication. I could not admit

that the demoniac atrocities, described as Fenian principles by the

constabulary-spy Talbot, ever had my sanction or approval or the

sanction or approval of any man in America.

"If, my lords, six months' imprisonment was the admeasurement of the

law officers of the crown as an adequate punishment for my alleged

offence--assuming that the court had jurisdiction to try and

punish--then, am I now entitled to my discharge independent of all

other grounds of discharge, for I have gone through seven months of

an imprisonment which could not be excelled by demon ingenuity in

horror and in hardship--in solitude, in silence and in suspense. Your

lordships will not only render further litigation necessary by

passing sentence for the perhaps high crime--but still the untried

crime--of refusing to yield obedience to the crown's proposition for

my self-abasement. You will not, I am sure, visit upon my rejection

of Mr. Anderson's delicate overture--you will not surely permit the

events occurring, unhappily occurring, since my trial to influence

your judgments. And do not, I implore you, accept as a truth,

influencing that judgement, Talbot's definition of the objects of

Feminism. Hear what Devany, the American informer, describes them to

be. 'The members,' he says, 'were _pledged by word of honour_ to

promote love and harmony amongst all classes of Irishmen and to

labour for the independence of Ireland.' Talbot says that in Ireland

'the members are _bound by oath_ to seize the property of the

country and murder all opposed to them.' Can any two principles be

more distinct from each other? Could there be a conspiracy for a

common object by such antagonistic means? To murder all opposed to

your principles may be an effectual way of producing unanimity, but

the quality of love and harmony engendered by such a patent process,

would be extremely equivocal. Mr. Talbot, for the purposes of his

evidence, must have borrowed a leaf from the History of the French

Revolution, and adopted as singularly telling and appropriate for

effect the saying attributed to Robespiere: 'Let us cut everybody's

throat but our own, and then we are sure to be masters.'

"No one in America, I venture to affirm, ever heard of such designs

in connexion with the Fenian Brotherhood. No one in America would

countenance such designs. Revolutionists are not ruffians or

rapparees. A judge from the bench at Cork, and a noble lord in his

place in parliament, bore testimony to that fact, in reference to the

late movement; and I ask you, my lords--I would ask the country from

this court--for the sake of the character of your countrymen--to

believe Devany's interpretation of Fenianism--tainted traitor though

he be--rather than believe that the kindly instincts of Irishmen, at

home and abroad--their generous impulses--their tender

sensibilities--all their human affections, in a word--could

degenerate into the attributes of the assassin, as stated by that

hog-in-armour, that crime-creating Constable Talbot.

"Taking other ground, my lords, I object to any sentence upon me. I

stand at this bar a declared citizen of the United States of America,

entitled to the protection of such citizenship; and I protest against

the right to pass any sentence in any British court for acts done, or

words spoken, or alleged to be done or spoken, on American soil,

within the shades of the American flag, and under the sanction of

American institutions. I protest against the assumption that would in

this country limit the right of thought, or control the liberty of

speech in an assemblage of American citizens in an American city. The

United States will, doubtless, respect and protect her neutrality

laws and observe the comity of nations, whatever they may mean in

practice, but I protest against the monstrous fiction--the

transparent fraud--that would seek in ninety years after the

evacuation of New York by the British to bring the people of New York

within the vision and venue of a British jury--that in ninety years

after the last British bayonet had glistened in an American sunlight,

after the last keel of the last of the English fleet ploughed its

last furrow in the Hudson or the Delaware--after ninety years of

republican independence--would seek to restore that city of New York

and its institutions to the dominion of the crown and government of

Great Britain. This is the meaning of it, and disguise it as you may,

so will it be interpreted beyond the Atlantic. Not that the people of

America care one jot whether S.J. Meany were hanged, drawn, and

quartered to-morrow, but that there is a great principle involved.

Personally, I am of no consequence; politically, I represent in this

court the adopted citizen of America--for, as the _New York Herald_,

referring to this case, observed, if the acts done in my regard are

justifiable, there is nothing to prevent the extension of the same

justice to any other adopted citizen of the States visiting Great

Britain. It is, therefore, in the injustice of the case the influence

lies, and not in the importance of the individual.

"Law is called 'the perfection of reason.' Is there not danger of its

being regarded as the very climax of absurdity if fictions of this

kind can be turned into realities on the mere caprice of power. As a

distinguished English journalist has suggested in reference to the

case, 'though the law may doubtless be satisfied by the majority in

the Court of Appeal, yet common sense and common law would be widely

antagonistic if sentence were to follow a judgment so obtained.'

"On all grounds then I submit, in conclusion, this is not a case for

sentence. Waving for the purpose the international objection, and

appealing to British practice itself, I say it is not a fair case for

sentence. The professed policy of that practice has ever been to give

the benefit of doubt to the prisoner. Judges in their charges to

juries have ever theorized on this principle, and surely judges

themselves will not refuse to give practical effect to the theory. If

ever there was a case which more than another was suggestive of

doubt, it is surely one in which so many judges have pronounced

against the legality of the trial and the validity of the conviction

on which you are about to pass sentence. Each of these judges, be it

remembered, held competent in his individuality to administer the

criminal law of the country--each of whom, in fact, in his

individuality does so administer it unchallenged and unquestioned.

"A sentence under such circumstances, be it for a long period or a

short would be wanting in the element of moral effect--the effect of

example--which could alone give it value, and which is professedly

the aim of all legal punishment. A sentence under such circumstances

would be far from reassuring to the public mind as to the

'certainties' of the law, and would fail to commend the approval or

win the respect of any man 'within the realm or without.' While to

the prisoner, to the sufferer in chief, it would only bring the

bitter, and certainly not the repentant feeling that he suffered in

the wrong--that he was the victim of an injustice based on an

inference which not even the tyrant's plea of necessity can

sustain--namely, that at a particular time he was at a distance of

three thousand miles from the place where he then actually stood in

bodily presence, and that at that distance he actually thought the

thoughts and acted the acts of men unknown to him even by name. It

will bring to the prisoner, I repeat, the feeling--the bitter

feeling--that he was condemned on an unindicted charge pressed

suddenly into the service, and for a constructive crime which some of

the best authorities in the law have declared not to be a crime

cognizable in any of your courts.

"Let the crown put forward any supposition they please--indulge in

what special pleadings they will--sugar over the bitter pill of

constructive conspiracy as they can--to this complexion must come the

triangular injustice of this case--the illegal and unconstitutional

kidnapping in England--the unfair and invalid trial and conviction in

Ireland for the alleged offence in another hemisphere and under

mother sovereignty. My lords, I have done."

* * * * *

Speeches from the Dock; Or, Protests of Irish Patriotism. Part I Speeches delivered after conviction by Theobald Wolfe Tone, William Orr, the brothers Sheares, Robert Emmet, John Martin, William Smith O'Brien, Thomas Francis Meagher, Terence Bellew McManus, John Mitchel, Thomas C. Luby, John O'Leary, Charles J. Kickham, Colonel Thomas F. Burke, and Captain Mackay · 第 30 / 34 题