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murderer less odious than that of an informer, however disinterested and conscientious? How comes it that priests, favoured with all facilities for good, have in so numerous instances enforced upon the " petty-larceny villains," stealers of five shillings or of five pounds, the necessity of making restitution, and that during the period (nearly a century) in which they have been allowed to attend upon condemned criminals of their Church, to the last moment of their forfeited lives, they have so seldom procured that satisfaction to the laws of the land-the discovery of crime, meditated or committed, which a true penitent should be ready to communicate? If the Roman Catholic priests think, and teach their flocks, that it is an imperative duty to give information whereby crime can be punished or prevented it is not possible to believe that the people should hold the informer infamous, and yet reverence the instructions which boast that he is to be honoured for the discharge of a stern duty. We hold, that the law of opinion on this subject, as well as the former, coincides with the law which the priests teach as of the essence of religion. We offer but a single instance of the man. ner in which priests think proper to exercise their power over witnesses. It occurred, according to our reports, at the Assizes in Longford.

"An occurrence took place during the trial, unhappily of late but too frequent in courts of justice, exhibiting the disgusting and illegal interference of the Roman Catholic priests, in endeavouring to defeat the ends of justice. A witness of the name of Farrell, sentenced to transportation for life, at the previous assizes, and brought back specially by the government, was produced on the table to give evi dence. When about to be sworn, he cast his eyes about, as if looking for some acquaintance, and immediately on his catching the eye of a Roman Catholic priest of his own name, the governor of the gaol, who stood behind the witness, and facing the priest, stated boldly to the judge, that the priest opposite to him had twice nodded in a significant manner to the witness,' who instantly declined being sworn as an evidence. The judge ordered the priest to be put forward, and expressed in the strongest manner his indignation at such conduct, and stated he would permit

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Doctrines of Church of Rome, &c.

the person accused to make an affidavit, as to whether he did so or not; but that if he declined doing so, he would order informations to be sworn to the fact, by the governor of the jail; and he would know how to deal with him.-The priest, by way of a defence, in a Jesuitical manner, offered to swear that he did not look at the witness more particularly than any other the crown counsel to hush up the matter, person. But the anxiety on the part of

was so apparent to every person in court, judge were not followed up. that the good intentions of the learned The jury retired at three o'clock, P. M., to consider their verdict, and were discharged the following day, at half-past twelve o'clock, having been locked up the entire time, without either meat or drink, and having passed the night in a small comfortless room. The prisoner remains in custody, and will again abide his trial at the ensuing assizes."

3. OBLIGATIONS OF A JUROR.

We are common-place enough to look for information on this subject to the doctrines of the Roman Church.

"The substance of papal doctrine, as regards judges and jurors, may be understood from the following passage, a note in the Rhemish Testament in St Matthew, c. 24, v. 27. Though Pilate was much more innocent than the Jews, and would have been free from the murder of our Saviour, seeking all the means that he could (without offending the people and the emperor's laws) to dismiss him, yet he is damned for being the minister of the people's wicked will against his own conscience. Even us all officers are, and especially all judges and juries, who execute laws for temporal princes against Catholic men, for all such are guilty of innocent blood, and are nothing excused by that they execute other men's will, according to laws which are unjust,' &c. Such is the doctrine of the Church of Rome, as taught in a book which one of her Bishops pretended to disclaim, which is now proved to be one of her standard authorities. In the winter of 1830, priests, in conference, to prepare themselves for their duty as leaders, discussed the question, What are the duties of judges and jurors?' The following year afforded an illustration of the conclusion to which they came."

"Fourteen individuals in the year 1831, were murdered in the County Kilkenny, under circumstances which were calculated to enlist every sympathy against their assassins. Trials were to be had at

Mortimer, London. Page 31.

the Assizes of Kilkenny for these murders (the massacre of Cruickshank, as it was called), and the attorney-general for the Crown was forced to move an adjournment, not because popular feeling was so excited against the murderers, that the culprits could not hope for a merciful consideration, but because juries could not be hoped to return true verdicts."

5. THE CRIME OF PROTESTANTISM, OR CONVERSION FROM ROME.

Dr M'Hale and the Ackill Mission have rendered it unnecessary for us to prove that the priests not only sympathise with their "subjects" in hatred of Protestants, but lend themselves to exasperate the feelings of hostility and estrangement.

6. SECRET SOCIETIES, NOBLEMEN, &c. We dare not say that the Roman Catholic priests belong to these societies, because we have no direct proofs of their having joined them, but we know thus much,

1. The societies consist exclusively of Roman Catholics.

2. The societies contemplate the extermination of heretics.

3. The societies have not been excommunicated by Romish bishops;

4. And would not be excommunicated, to use the well-remembered words of Dr Doyle, though "rebellion were raging from Carrickfergus to Cape Clear."

Thus, it seems clear, that the prejudices and false principles which alienate the people" from justice and law, have the priests also for their patrons and promoters. Legislators and magistrates should, therefore, remember that they are to govern without the aid by which, ordinarily, law is strengthened. But if they were wise and honest, the circumstances in which they learn this truth, would not daunt them. The priests and the agitators, and the more hidden traitors, have a harder task to keep their posts even now, than a well-principled government would have to dislodge them. Latent, but not extinct, in the hearts of the Irish people, there are principles which consistency and justice would bring out, and which, once brought out, the empire of iniquity in Ireland is at an end. Organised, and armed, and remorseless bands, villains in whom the instincts of cruelty and destructiveness have been pampered, un

til men have been metamorphosed into beasts of blood-many youthful spirits, fired with the love of adventure, a species of poetry in action which exalts and allures them into enterprises which they court for the difficulty and danger-are certainly at the disposal of most unrighteous authorities. But the great mass of the Irish people are weary of the life they lead-of the terror that cometh by night-of the arrow that fleeth in the noonday; and whenever there is a hope held out of A GOVERNMENT-of an administration which acknowledges other duties to the country than the duty of retaining place and power to harm it, which is resolved to do justice and to protect those who will aid in their endeavoura new sight will be seen in Irelandsuch a change as will recompense those who live to witness it for many a day of trouble. But it is not a change upon which agitators or traitors desire to look. It is not a change which Romish priests desire to anticipate. In identifying themselves with the "popular party," they know the real strength of the people is but seemingly with them. In resigning themselves to political atrocities, they have, as they know well, lost that apparent sanctity of demeanour which had previously covered many sins. Their power has had its deathblow, and the only matter in doubt is, whether they can, by stimulants, prolong a kind of galvanic life, until they have given a fatal shock to England--or if we are, beyond our deserts, preserved to witness the subsidence of their power into a state in which it shall cease from troubling. certainly, was terror more significant and instructive than that which smote Priest Laffan with Conservatism, and the confidence in encreased and superior strength, by which he was recovered from a transitory moderation.

Never,

But whatever may be done by other than our present rulers, or by our present rulers with altered views, it is clear that the priests have nothing to apprehend from the system under which the British empire is now governed. So far from resisting, the Irish Government promote their views, as if, indeed, they had been contracting parties to a league for bringing law into disrepute, and for the introduction of anarchy. Our limits are almost reached, or, to speak

more correctly, we have passed them, and cannot pay this part of our subject the attention its importance merits; but we must attempt a hurried proof that the principles of priests and precursors are those also which the Irish Court seems disposed to bring into fashion. Indeed, after the boast of the noble Viceroy, in the House of Lords, that, for the first time in the annals of history, the British Government WAS IDENTIFIED WITH THE POPULAR PARTY IN IRELAND, it cannot be matter of surprise that the acts of the Irish part of the Government should be those of sympathisers (the word is American, but it shall stand) with the "popular cause." We will, however, enumerate in the detail, those principles of political ethics in which we have already seen the agreement of priests and precursors.

1. THE LANDLORD CRIME.

"For the first time," the Government has denounced the landed proprietary of the country, in terms upon which Father Laffan could hardly improve, and with about as much reason, and decency, and truth, as the great necromancer himself.

2. ELECTIVE FRANCHISE. It is enough to say that the administration depended upon a majority, to be obtained in Ireland. Barristers shifted about, according as their opinions or their pliability adapted them to the necessities of the various registrations-returning officers judiciously selected, in open defiance of the judges' lists, a cunning distribution of the constabulary force, &c., may explain how, "for the first time," since the Revolution, the British Government rejoiced in a majority, even by practices which tended to perpetuate anarchy in Ireland. We have not space to speak of the methods to which success was owing at the Carlow election, and to the consistent iniquity with which it was afterwards followed out to the extreme. These circumstances have not been exposed, as they ought to have been, before Parliament. We will not give up a hope, that even yet, that duty may be discharged.

EVIDENCE.

The magistrates of Carlow addressed a memorial to the Government, praying an investigation into the conduct of a constable, and undertaking to prove charges of gross delinquency against him. Government denied their prayer, accepting the word of the accused party as a sufficient reply to their accusation. The magistrates remonstrated in a wise and temperate memorial, to which twenty-seven sig. natures were appended. This was forwarded in the summer of 1837. It did not shake the resolutions of Government; but, in the following spring, six of the subscribing magistrates were put out of the commission of the peace. Bad encouragement for volunteer prosecutors!

The Irish Government have, certainly, issued proclamations and offered rewards; but the rewards have, generally, been so insignificant, as rather warning a culprit off (or, as the case to seem intended for the purpose of may be, setting him at his ease at home), than with a hope of inviting a prosecutor. Perhaps, however, the best scarecrow to keep off witnesses and prosecutors has been set up by Lord Normanby's "humanity." The constancy with which the laws of Viceregal clemency have acted, so as that, when conviction has overtaken offence, the royal pardon has hastened to take away the sting of conviction, must have had a most pernicious effect. No man will be easily induced to let the culprit he is prosecuting "take his picture" from the dock, when he has good grounds to apprehend that the man he has prosecuted to conviction will afterwards meet him, not in ghostly shadow or in dreams, but in bodily presence, armed, exasperated, and, by the grace of Lord Normanby's mercy, free to wreck merciless vengeance on the informer. "You shall have your share" (perhaps a tenth) "of forty pounds," cries out the proclamation to the witness, if you prosecute to conviction. "The man you convict will be liberated, to work his will against you," cry out the thousands whom the Viceroy has commanded the prisons and the hulks to disgorge, and those of whom he has robbed the

Lord Normanby, in the House of Lords-Mr Drummond, from Dublin Castle, &c. See Ryan's Disclosure, &c. &c.

scaffold. Which of the two notices is most likely to prevail? The returns to Parliament on Mr Jackson's motion have already answered. The offered rewards and proclamation system appears to have been a mere mockery-" spent thunderbolts" all.

JURY.

"For the first time," the Government in Ireland, by an abandonment of its necessary prerogative, declared that culprits should be enabled to pack their juries, and be tried, it may be, by their accomplices. This protec

ducted on the present fashion. Other extracts inform us of the amazement and dismay expressed by even Whig or Liberal judges; and one, of a procession of priests, to congratulate and convey in triumph from the gaol a culprit who had good friends on the jury.

"The murderers of those unfortunate

victims now enjoy impunity, and are pro. ceeding in their career of crime, in defiquittal, they hold in utter contempt. In ance of the law, which, secure of an ac

vain does the blood of our slaughtered

Protestants cry to heaven for vengeance

-in vain are remonstrances and entreaties

from the loyal and good in the country made to our wicked and imbecile rulers on their fatal policy in permitting the prisoner to nominate his own jury in cases of murder, thereby rendering that great palladium of British justice, trial by jury' in Ireland (as now in Canada), not alone a mere mockery, but also a protection of crime.

"It may not be here amiss to detail again for the public the particulars of the

trial of Michael Kenney, at the last Summer Assizes of this town, for the murder

as bailiff to Lord Lorton, ill-fated William Morrisson succeeded. On this trial being

tion to crime would seem to be a concession wrung from Ministers in the Litchfield House negotiations. During the administration of Earl Grey, Mr O'Connell's partisans wished to have the principle of the ballot adopted in the casting of juries. The Government resisted, and the Liberal solicitor-general of the day for Ireland declared that from juries so formed true verdicts could not be expected. Failing in the more moderate purpose convinced that Parliament would never sanction any thing so wicked and absurd, Mr O'Connell obtains, through of Hugh Moorehead, to whose situation, the law-officers whom he was able to raise into power, a concession infinitely more pernicious to equity and law than, in his most extravagant anticipations, he could dare to hope from Parliament, the relinquishment, on the part of the crown, of their right to object-at least, the discontinuance of the exercise of such a right-while the culprit retained and exercised his. Taking into account the classes from which petit juries are now selected, this was giving the prisoner power to pack them. Mr O'Connell announced the triumph in a letter to his constituents and the people of Ireland in general, April 28, 1835:-" Perrin and O'Loghlin fill the highest ministerial offices of the law. None but a

maniac can now apprehend that a jury will be packed, or that partisans will be selected to try him;"-that is to say, he can now select his own parti sans; and, having made an arrange ment with one or two friends, perhaps accomplices, he may look on, as many a culprit has looked, with impudent composure, while the strongest evidence is given against him. In consequence, crime has increased enormously. We subjoin one passage, to show how painfully upright men feel the mockery of justice in trials con

brought on, and the jury about to be sworn, the prisoner, Michael Kenney (as was his

right), set aside the first twenty names,

composed of as respectable persons as this
or any other county could produce; but
not one challenge (as was their right) was
made on the part of the crown, on behalf
of the prosecution, for this barbarous mur-
der, notwithstanding the fatal consequences
of such policy, as demonstrated in succes-
sive acquittals of the murderers of Mr
Brock, in the same neighbourhood.
result turned out as every loyal and peace
able subject anticipated. The prisoner
selected his own jury, and amongst them
an individual against whom bills were
found by the grand jury of this county for
perjury. What has been the consequence?

The

No verdict-which almost amounts to an acquittal, notwithstanding the most clear and undeniable evidence that perhaps ever widow of the victim, but by the dying de went before a jury, given not only by the claration of Moorehead, taken down in writing by a magistrate, in addition to his original identification of the prisoner, Michael Kenney, when brought to his bedside, the day after he was mortally wounded.

For the defence, the usual resort of an alibi was got up, and rested on the testimony of three fellows, associates of the prisoner, whose evidence was by no means satisfactory, and at total variance with a

statement of the prisoner on the day he was identified by the deceased Moorehead."

PROTESTANTISM.

"For the first time," the Government has proclaimed that, as a condition of its place, it must strike a heavy blow at Protestantism.

The spirit in which the Government regard Protestants, we will not infer from that odious abuse of patronage, which has disgusted every man acquainted with the reputation of those who have been promoted and those who have been passed by. This may be party tactique carried out to an extreme. We shall offer two instances, selected from a very great number, which, we imagine, no party feeling can palliate. The first we shall state in the words of a clergyman of the Church of England, and wish much that some member of Parliament would enquire whether the legal functionary who so grossly misbehaved has been dismissed from office, and at what time the dismissal took place; or if the Irish Government has contented itself with a friendly rebuke, of that kind which is understood to be of promotion. Extract from a Memorial to the Lord-Lieutenant, from Rev. J. Galbraith, Vicar of Tuam, August 12, 1838.

precursory

"These facts were taken in evidence by two stipendiary magistrates, who at tended at Tuam, by your Excellency's order; they daily forwarded to your Excellency the evidence as it was taken down; and it is stated that you were so satisfied of the unprovoked attack on the minister of the Established Church, that the crown solicitor was ordered to attend at Tuam, and take informations against the offend

ers.

This he did, AND THE CROWN UNDERTOOK THE PROSECUTION. And now, my Lord, it might be fairly expected that the law would be vindicated, and that Protestants would at length find that the free exercise of their religion was their right, not exclusively, but equally with favoured neighbours. Mark, my Lord, the offence, and the mode of proceeding against it. First, three Roman Catholic priests place themselves at the head of a large number of persons attending the funeral of a Protestant gentleman, they read a Latin service through the streets, in defiance of the statule. And how is this noticed by the crown? In no way-no penalty, no reproof. Secondly, a riotous mob, who followed these priests, interrupt the Protestant curate in the discharge of his duty. Are they indicted for this interruption contrary to

a statute? No! Both those tangible offences are overlooked, and bills are sent before a grand jury of the county of Galway against one of the priests and others, "for a riot;" observe, my Lord, "for a riot"-not for causing a riot. And what follows? The grand jury necessarily cannot find against the priest for a riot; he said, but did not. They find true bills

against those alone who had actually rioted; and here your Excellency might suppose, if you did not know it to be otherwise, that some light punishment would mark the crime; but no, the counsel for the crown think differently; with their approbation the rioters, upon pleading guilty, are discharged, and when a remonstrance was made by me to the leading counsel, his reply was this, "I think it not advisable to bring before the public sec

tarian differences."

Our second instance we take from the "proclamations." It is unnecessary to remind the reader that value is altogether comparative, and that a sagacious people, as the Irish undeniably are, will judge of the real desire and intention of their governments as to discovery of crime, by the price at which they are willing to purchase it.

We feel it well to premise, that, in the outrage in the first proclamation-the " turf burning"- -a highly respectable Roman Catholic was a sufferer-in the house burning, no less respectable Protestants only were injured.

"FEB. 19.-On the morning of the 13th instant, about the hour of two o'clock, a very large stack of turf, the property of Mr James Grey, residing near Coal Island, and Mr John Hughes, residing at Dungannon, parish of Clonoe, in the county of Tyrone, tile and brick manufacturers, was maliciously set on fire by some person or persons unknown, and totally consumedFifty Pounds.

"By his Excellency's command,

"T. DRUMMOND," "AUGUST 3.-Between the hours of two and three o'clock on the morning of the 22d ult., the house of Mr Zachariah Ledger, of Killbreedy, parish of Bruree, and county of Limerick, was attacked by seven or eight armed men, who set fire to it and burned it to the ground, together with property to a considerable amount, for which outrage two men have been apprehended and fully identified.-Fifty pounds, &c.

"T. DRUMMOND."

Fifty pounds to discover "the person or persons unknown" who burned a stack of turf; and "fifty pounds for the discovery of "armed men

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