“It was at Ballybay that _the Catholics murdered one Hughes, a
yeoman sergeant, for being a Protestant, as was given in evidence
at the assizes by a Catholic witness_.”
I have read this passage from the _Hibernian Journal_ of the 7th of
this month. I know not whether you can hear, unmoved, a paragraph
which makes my blood boil to read; but I shall only tell you, that the
Attorney-General refused to prosecute this libeller. Gentlemen, there
have been several murders committed in the county of Monaghan, in which
Ballybay lies. The persons killed happened to be Roman Catholics;
their murderers are Orangemen. Several of the persons accused of these
murders are to be tried at the ensuing assizes. The agent applied to me
personally, with this newspaper; he stated that the obvious intention
was to create a prejudice upon the approaching trials favorable to
the murderers, and against the prosecutors. He stated what you--_even
you_--will easily believe, that there never was a falsehood more
flagitiously destitute of truth than the entire paragraph. I advised
him, gentlemen, to wait on the Attorney-General in the most respectful
manner possible; to show him this paragraph, then to request to be
allowed to satisfy him as to the utter falsehood of the assertions
which this paragraph contained, which could be more easily done, as
the judges who went that circuit could prove part of it to be false;
and I directed him to entreat that the Attorney-General, when fully
satisfied of the falsehood, would prosecute the publisher of this,
which, I think, I may call an atrocious libel.
Gentlemen, the Attorney-General was accordingly waited on; he was
respectfully requested to prosecute upon the terms of having the
falsehood of these assertions first proved to him. I need not tell you
he refused. These are not the libellers _he_ prosecutes. Gentlemen,
this not being a libel on any individual, no private individual can
prosecute for it; and the Attorney-General turns his Press loose on
the Catholics of the county of Monaghan, whilst he virulently assails
Mr. Magee for what must be admitted to be comparatively mild and
inoffensive.
No, gentlemen, he does not prosecute this libel. On the contrary, this
paper is paid enormous sums of the public money. There are no less
than five proclamations in the paper containing this libel; and, it
was proved in my presence, in a court of justice, that, besides the
proclamations and public advertisements, the two proprietors of the
paper had each a pension of £400 per annum, for supporting government,
as it was called. Since that period one of those proprietors has got
an office worth, at least, £800 a year; and the son of the other, a
place of upwards of £400 per annum: so that, as it is likely that the
original pensions continue, here may be an annual income of £2000 paid
for this paper, besides the thousands of pounds annually which the
insertion of the proclamations and public advertisements cost. It is
a paper of the very lowest and most paltry scale of talent, and its
circulation is, fortunately, very limited; but it receives several
thousands of pounds of the money of the men whom it foully and falsely
calumniates.
Would I could see the man who pays this proclamation money and these
pensions at the Castle. [Here Mr. O’Connell turned round to where
Mr. Peele[B] sat.] Would I could see the man who, against the fact,
asserted that the proclamations were inserted in all the papers,
save in those whose proprietors were convicted of a libel. I would
ask him whether this be a paper that ought to receive the money of
the Irish people? Whether this be the legitimate use of the public
purse? And when you find this calumniator salaried and rewarded, where
is the impartiality, the justice, or even the decency of prosecuting
Mr. Magee for a libel, merely because he has not praised public men,
and has discussed public affairs in the spirit of freedom and of the
constitution? Contrast the situation of Mr. Magee with the proprietor
of the _Hibernian Journal_: the one is prosecuted with all the weight
and influence of the Crown, the other pensioned by the ministers of
the Crown; the one dragged to your bar for the sober discussion of
political topics, the other hired to disseminate the most horrid
calumnies! Let the Attorney-General now boast of his impartiality; can
you credit him on your oaths? Let him talk of his veneration for the
liberty of the Press; _can you_ believe him in your consciences? Let
him call the Press the protection of the people against the government.
Yes, gentlemen, believe him when he says so. Let the Press be the
protection of the people; he admits that it ought to be so. Will you
find a verdict for him that shall contradict the only assertion upon
which he and I, however, are both agreed?
[B] Chief Secretary to the Lord Lieutenant.
Gentlemen, the Attorney-General is bound by this admission; it is
part of his case, and he is the prosecutor here; it is a part of the
evidence before you, for he is the prosecutor. Then, gentlemen, it is
your duty to act upon that evidence, and to allow the Press to afford
some protection to the people.
Is there amongst you any one friend to freedom? Is there amongst
you one man who esteems equal and impartial justice, who values the
people’s rights as the foundation of private happiness, and who
considers life as no boon without liberty? Is there amongst you one
friend to the constitution--one man who hates oppression? If there
be, Mr. Magee appeals to his kindred mind, and confidently expects an
acquittal.
There are amongst you men of great religious zeal--of much public
piety. Are you sincere? Do you believe what you profess? With all
this zeal--with all this piety, _is_ there any conscience amongst
you? _Is_ there any terror of violating your oaths? Be ye hypocrites,
or does genuine religion inspire ye? If you be sincere--if you have
conscience--if your oaths can control your interests, then Mr. Magee
confidently expects an acquittal.
If amongst you there be cherished one ray of pure religion--if amongst
you there glow a single spark of liberty--if I have alarmed religion,
or roused the spirit of freedom in one breast amongst you, Mr. Magee is
safe, and his country is served; but if there be none--if you be slaves
and hypocrites, he will await your verdict, and despise it.[8]