I call your particular attention to the third paragraph; it runs thus:--

“If the administration of the Duke of Richmond had been conducted with

more than ordinary talent, its errors might in some degree have been

atoned for by its ability, and the people of Ireland though they might

have much to regret, yet would have something to admire; but truly

after the gravest consideration, they must find themselves at a loss

to discover any striking feature in his Grace’s administration, that

makes it superior to the worst of his predecessors.”

The Attorney-General dwelt much upon this paragraph, gentlemen, and the

importance which he attached to it furnishes a strong illustration of

his own consciousness of the weakness of his case. What is the meaning

of this paragraph? I appeal to you whether it be more than this: that

there has been nothing admirable in this administration; that there has

not been much ability displayed by it. So far, gentlemen, there is,

indeed, no flattery, but still less of libel, unless you are prepared

to say that to withhold praise from any administration deserves

punishment.

Is it an indictable offence not to perceive its occult talents? Why, if

it be, find my client guilty of not being a sycophant and a flatterer,

and send him to prison for two years, to gratify the Attorney-General,

who tells you that the Duke of Richmond is the _best_ chief governor

Ireland ever saw.

But the mischief, I am told, lies in the art of the sentence. Why,

all that it says is, that it is difficult to discover the striking

features that distinguish this from bad administrations. It does not,

gentlemen, assert that no such striking features exist, much less does

it assert that no features of that kind exist, or that such features,

although not striking, are not easily discernible. So that, really, you

are here again required to convict a man for not flattering. He thinks

an administration untalented and silly; that is no crime; he says it

has not been marked with talent or ability--that it has no striking

features; all this may be mistaken and false, yet there is nothing in

it that resembles a crime.

And, gentlemen, _if it be true_--if this _be_ a foolish administration,

can it be an offence to say so? If it has had no striking features to

distinguish it from bad administrations, can it be criminal to say so?

Are you prepared to say that not one word of truth can be told under no

less a penalty than years of a dungeon and heavy fines?

Recollect, that the Attorney-General told you that the Press was

the protection of the people against the government. Good Heaven!

gentlemen, how can it protect the people against the government,

if it be a crime to say of that government that it has committed

errors, displays little talent, and has no striking features? Did

the prosecutor mock you, when he talked of the protection the Press

afforded to the people? If he did not insult you by the admission of

that upon which he will not allow you to act, let me ask, against what

is the Press to protect the people? When do the people want protection?

When the government is engaged in delinquencies, oppression, and

crimes. It is against these that the people want the protection of the

Press. Now, I put it to your plain sense, whether the Press can afford

such protection, if it be punished for treating of these crimes.

Still more, can a shadow of protection be given by a Press that is

not permitted to mention the errors, the talents, and the striking

features of an administration? Here is a watchman admitted by the

Attorney-General to be at his post to warn the people of their danger,

and the first thing that is done to this watchman is to knock him

down and bring him to a dungeon, for announcing the danger he is

bound to disclose. I agree with the Attorney-General, the Press is a

protection, but it is not in its silence or in its voice of flattery.

It can protect only by speaking out when there is danger, or error,

or want of ability. If the harshness of this tone be complained of,

I ask, what is it the Attorney-General would have? Does he wish that

this protection should speak so as not to be understood; or, I again

repeat it, does he mean to delude us with the name and the mockery of

protection? Upon this ground, I defy you to find a verdict for the

prosecutor, without declaring that he has been guilty of an attempt to

deceive when he talked of the protection of the Press against errors,

ignorance, and incapacity, which it is not to dare even to name.

Gentlemen, upon this third paragraph, I am entitled to your verdict,

upon the Attorney-General’s own admission.

He, indeed, passed on to the next sentence with an air of triumph, with

the apparent certainty of its producing a conviction; I meet him upon

it--I read it boldly--I will discuss it with you manfully--it is this:--

“They insulted, they oppressed, they murdered, and they deceived.”

The Attorney-General told us, rather ludicrously, that they, meaning

the Duke’s predecessors, included, of course, himself. How a man

could be included amongst his predecessors, it would be difficult

to discover. It seems to be that mode of expression which would

indicate that the Attorney-General, notwithstanding his foreign

descent, has imbibed some of the language of the native Irish. But

our blunders arise not like this, from a confusion of idea; they are

generally caused by too great condensation of thought; they are,

indeed, frequently of the head, but never--never of the heart. Would I

could say so much for the Attorney-General; his blunder is not to be

attributed to his cool and cautious head; it sprung, I much fear, from

the misguided bitterness of the bigotry of his heart.

Well, gentlemen, this sentence does, in broad and distinct terms,

charge the predecessors of the Duke, but not the Duke himself, with

insult, oppression, murder, and deceit. But it is history, gentlemen:

are you prepared to silence the voice of history? Are you disposed

to suppress the recital of facts--the story of the events of former

days? Is the historian, and the publisher of history, to be exposed to

indictment and punishment?

Let me read for you two passages from Doctor Leland’s “History of

Ireland.” I choose a remote period, to avoid shocking your prejudices

by the recital of the more modern crimes of the faction to which most

of you belong. Attend to this passage, gentlemen.

“Anno 1574.--A solemn peace and concord was made between the Earl

of Essex and Felim O’Nial. However, at a feast, wherein the Earl

entertained that chieftain, and at the end of their good cheer, O’Nial,

with his wife, were seized; their friends, who attended, were put

to the sword before their faces. Felim, together with his wife and

brother, were conveyed to Dublin, where they were _cut up in quarters_.”

How would you have this fact described? In what ladylike terms is

the future historian to mention this savage and brutal massacre? Yet

Essex was an English nobleman--a predecessor of his Grace; he was

accomplished, gallant, and gay; the envied paramour of the virgin

queen; and, if he afterwards fell on the scaffold, one of the race of

the ancient Irish may be permitted to indulge the fond superstition

that would avenge the royal blood of the O’Nial and of his consort on

their perfidious English murderer.

But my soul fills with bitterness, and I will read of no more Irish

murders. I turn, however, to another page, and I will introduce to

your notice another predecessor of his Grace the Duke of Richmond.

It is Grey, who, after the recall of Essex, commanded the English

forces in Munster. The fort of Smerwick, in Kerry, surrendered to

Grey at discretion. It contained some Irish troops, and more than 700

Spaniards. The historian shall tell you the rest:--

“That mercy for which they sued was rigidly denied them. Wingfield was

commissioned to disarm them, and when this service was performed, an

English company was sent into the fort.

“The Irish rebels found they were reserved for execution by martial law.

“The Italian general and some officers were made prisoners of war: but

the garrison _was butchered in cold blood_; nor is it without pain that

we find a service so horrid and detestable committed to Sir Walter

Raleigh.”

“The garrison was butchered in cold blood,” says the historian. Furnish

us, Mr. Attorney-General, with gentle accents and sweet words to speak

of this savage atrocity; or will you indict the author? Alas! he is

dead, full of years and respect--as faithful an historian as the

prejudices of his day would allow, and a beneficed clergyman of your

church.

Gentlemen of the jury, what is the mild language of this paper compared

with the indignant language of history? Raleigh--the ill-starred

Raleigh--fell a victim to a tyrant master, a corrupt or overawed jury,

and a virulent Attorney-General; he was baited at the bar with language

more scurrilous and more foul than that you heard yesterday poured upon

my client. Yet, what atonement to civilization could his death afford

for the horrors I have mentioned?

Decide, now, gentlemen, between those libels--between that defamer’s

history and my client. He calls those predecessors of his Grace,

murderers. History has left the living records of their crimes, from

the O’Nial, treacherously slaughtered, to the cruel, cold butchery of

the defenceless prisoners. Until I shall see the publishers of Leland

and of Hume brought to your bar, I defy you to convict my client.

To show you that my client has treated these predecessors of his Grace

with great lenity, I will introduce to your notice one, and only one,

more of them; and he, too, fell on the scaffold--the unfortunate

Strafford, the best servant a despotic king could desire.

Amongst the means taken to raise money in Ireland for James the First

and his son Charles, a proceeding called “a commission to inquire into

defective titles” was invented. It was a scheme, gentlemen, to inquire

of every man what right he had to his own property, and to have it

solemnly and legally determined that he had none. To effectuate this

scheme required great management, discretion, and integrity. First,

there were 4000 excellent horse raised for the purpose of being, as

Strafford himself said, “good lookers-on.” The rest of the arrangement

I would recommend to modern practice; it would save much trouble. I

will shortly abstract it from two of Strafford’s own letters.

The one appears to have been written by him to the Lord Treasurer;

it is dated the 3d December, 1634. He begins with an apology for not

having been more expeditious in this work of plunder, for his employers

were, it seems, impatient at the melancholy waste of time. He then

says:--

“Howbeit, I will redeem the time as much as I can, with such as may

give furtherance to the king’s title, _and will inquire out fit men to

serve upon the juries_.”

Take notice of that, gentlemen, I pray you; perhaps you thought that

the “packing of juries” was a modern invention--a new discovery. You

see how greatly mistaken you were; the thing has example and precedent

to support it, and the authority of both are, in our law, quite

conclusive.

The next step was to corrupt--oh, no, to interest the wise and learned

judges. But commentary becomes unnecessary when I read for you this

passage from a letter of his to the King, dated the 9th of December,

1636:--

“Your Majesty was graciously pleased, upon my humble advice, to bestow

four shillings in the pound upon your Lord Chief Justice and Lord Chief

Baron in this kingdom, fourth of the first yearly rent raised upon the

commission of defective title, which, _upon observation, I find to be

the best given that ever was_. For now they do intend it, with a care

and diligence, such as if it were their own private, and most certain

gaining to themselves; every four shillings once paid, shall better

your revenue forever after, at least five pounds.”

Thus, gentlemen of the jury, all was ready for the mockery of law and

justice, called a trial.

Now, let me take any one of you; let me place him here, where Mr. Magee

stands; let him have his property at stake; let it be of less value,

I pray you, than a compensation for two years’ imprisonment; it will,

however, be of sufficient value to interest and rouse all your agony

and anxiety. If you were so placed here, you would see before you the

well-paid Attorney-General, perhaps, malignantly delighted to pour his

rancor upon you; on the bench would sit the corrupt and partisan judge,

and before you, on that seat which you now occupy, would be placed the

packed and predetermined jury.

I beg, sir, to know what would be your feelings, your honor, your rage;

would you not compare the Attorney-General to the gambler who played

with a loaded die? and then you would hear him talk, in solemn and

monotonous tones, of his conscience! Oh, his conscience, gentlemen of

the jury!

But the times are altered. The Press, the Press, gentlemen, has

effectuated a salutary revolution; a commission of defective titles

would no longer be tolerated; the judges can no longer be bribed with

money, and juries can no longer be----I must not say it. Yes, they can,

you know--we all know they can be still _inquired out_, and “packed,”

as the technical phrase is. But _you_, who are not packed, _you_,

who have been _fairly_ selected, will see that the language of the

publication before us is mildness itself, compared with that which the

truth of history requires--compared with that which history has already

used.

Representative British Orations Volume 4 (of 4) With Introductions and Explanatory Notes · 第 15 / 48 题