fence of their property, and in the prosecution of their lawful and meritorious callings, in the full persuasion that due watchfulness and resolution, exhibited in the first instance on their own part, will, as has been proved by recent experience, most effectually prevent or repel such unlawful aggressions. And we do, further, in the name and on the behalf of his majesty, charge and command all sheriffs, justices of the peace, mayors, bailiffs, constables and other civil officers, to continue their utmost vigilance and activity for the preservation of peace and good order, the prevention of nightly and other unlawful meetings of ill-designing and wicked men, and for the defence of his majesty's peaceable and industrious subjects from the secret machinations and open attacks of the violators of private property, and the disturbers of the public tranquillity: trusting, as we do, that by the constant and active exertions of all well-disposed men, the misguided may be reclaimed, and the mischievous kept in awe, without the necessity of recurring to the chastisements of the law, which it will be our duty, as guardian of the general peace and prosperity of the realm, strictly to enforce, if unhappily the renewal of such atrocities, as we have lately had to deplore, should again call for the infliction of just and exemplary punishment. Given at the Court at Carlton House, this first day of February 1813, in the 53rd year of His Majesty's reign. GOD Save The KING. 691. Trial of Mr. HUGH FITZPATRICK for a Libel upon his Grace the Duke of Richmond, Lord Lieutenant of Ireland; tried at the Bar of the Court of King's Bench, Dublin, on Saturday February 6th: 53 GEORGE III. A. D. 1813.* COURT OF KING'S BENCH. against HUGH FITZPATRICK. professing the Roman Catholic religion in Irefand on the Nineteenth day of June in the year of our lord 1812 at Capel-street aforesaid in the county of the city of Dublin aforesaid in order to fulfil and bring to effect his most wicked and malicious intentions aforesaid wickedly and maliciously did publish and did cause to be published in a certain book or This was an information Ex Officio, filed by pamphlet entitled "A Statement of the Penal the Attorney General; and came on to be "Laws which aggrieve the Catholics of Ireland, tried this day at the bar of the Court of "with Commentaries, in two parts, part 2," King's Bench.-It was as follows:a certain false seditious and malicious libel of and concerning his grace the said duke of County of the City of BE it remembered Richmond lord-lieutenant of Ireland and his Dublin, to wit. that the right hon. majesty's ministers in Ireland acting under the Wm. Saurin attorney general of our lord the authority of the said lord-lieutenant of the king who for our said lord the king in this tenor and effect here following (that is to say), behalf prosecutes in his proper person comes" At the Summer assizes of Kilkenny, 1810, into the court of our said lord the king before" one Barry was convicted of a capital offence, the king himself at Dublin in the county of the" for which he was afterwards executed. This city of Dublin on the sixth day of November" man's case was truly tragical, he was wholly in the same term and for our said lord the king" innocent, was a respectable Catholic farmer" gives the court here to understand and be in- (meaning a farmer professing the Roman Caformed that Hugh Fitzpatrick, late of Capel- tholic religion), "in the county of Waterford, street in the county of the city of Dublin prin- " in good circumstances; his innocence was ter, being a wicked malicious and ill-disposed" clearly established in the interval between person and wickedly and maliciously contriv-"his conviction and execution, yet he was ing and intending to scandalize traduce and "hanged, publicly avowing his innocence!!! vilify his grace the duke of Richmond lord "There were some shocking circumstances lieutenant of Ireland and his majesty's minis-" attending this case, which the duke of Richters in Ireland acting under the authority of "mond's administration" (meaning the adthe said lord lieutenant and to stir up and ex-ministration of the said duke of Richmond cite discontent amongst his majesty's subjects lord-lieutenant of Ireland and his majesty's ministers in Ireland acting under the autho*. From the short-hand report of W. Ridge-rity of the said lord-lieutenant) " may yet be way, esq., barrister at law, "invited to explain to parliament" (meaning VOL. XXXI. 4 F to insinuate and cause it to be believed that | Ireland with the advice of his majesty's minisbecause the said Barry was a person professing ters in Ireland under the authority of the said the Roman Catholic religion the said duke of lord-lieutenant had determined that the said Richmond lord-lieutenant of Ireland with the Barry should not obtain his majesty's pardon advice of his majesty's ministers in Ireland acting and had accordingly suffered the said Barry to under the authority of the said lord-lieutenant be executed as a felon though the innocence had determined that the said Barry should not of the said Barry was established to the knowobtain his majesty's pardon and had accord-ledge of the said lord-lieutenant and ministers) ingly suffered the said Barry to be executed-in contempt of our said lord the king and his as a felon though the innocence of said Barry was established to the knowledge of the said lord-lieutenant and ministers)-in contempt of our said lord the king and his laws to the evil example of all others in like cases offending and against the peace of our said lord the king his crown and dignity. laws to the evil example of all others in like cases offending and against the peace of our said lord the king his crown and dignity. Whereupon the said attorney-general for our said lord the king who in this behalf prosecuteth prays the consideration of the Court here in the premises and that due process of law may be awarded against him the said Hugh Fitzpatrick in this behalf to make him answer to our said lord the king touching and concern And the said Hugh Fitzpatrick by James Hughes his attorney, comes and defends the wrong and injury when and soforth and says he is not guilty of the premises in manner and form as the said William Saurin hath above thereof informed against him and of this be puts himself upon the country. The sheriffs of the city of Dublin delivered in a panel of the Jury, which was called over. John Lindsay, set by on the part of the crown. Alexander Jaffray, And the said attorney-general for our said lord the king further gives the court here to understand and be informed that the said Hugh Fitzpatrick being such person as afore-ing the premises aforesaid. said and wickedly and maliciously contriving and intending to scandalize, traduce and vilify his grace the duke of Richmond lord-lieutenant of Ireland and his majesty's ministers in Ireland acting under the authority of the said lord-lieutenant and to stir up and excite discontents amongst his majesty's subjects professing the Roman Catholic religion in Ireland on the 19th day of June in the said year of our Lord 1812 at Capel-street aforesaid in the county of the city of Dublin aforesaid in order to fulfil and bring to effect his most wicked and malicious intentions last aforesaid wickedly and maliciously did publish and did cause to be published in a certain book or pamphlet intituled "A Statement of the Penal Laws "which aggrieve the Catholics of Ireland, "with Commentaries, in two parts, part 2," a certain false seditious and malicious libel of and concerning his grace the said duke of Richmond lord-lieutenant of Ireland and his majesty's ministers in Ireland acting under the authority of the said lord-lieutenant of the purport and effect here following, that is to say, "At the Summer assizes of Kilkenny, 1810, one Barry was convicted of a capital "offence, for which he was afterwards exe"cuted. This man's case was truly tragical, "he was wholly innocent, was a respectable "Catholic" (meaning a farmer professing the Roman Catholic religion), " in the county of "Waterford, in good circumstances; his innocence was clearly established in the inter"val between his conviction and execution, yet he was hanged, publicly avowing Ls "innocence! There were some shocking cir "cumstances attending this case, which the "duke of Richmond's administration" (meaning the administration of the said duke of Richmand lord-lieutenant of Ireland and his majesty's ministers in Ireland acting under the authority of the said lord-lieutenant) "may "yet be invited to explain to parliament" (meaning to insinuate and cause it to be believed that because the said Barry was a person professing the Roman Catholic religion the said duke of Richmond lord-lieutenant of Mr. O'Connell. My lord, I beg to ask this gentleman whether he has declared any opinion upon the subject of this trial. Mr. Jaffray answered, that he did not think he had: he was thereupon sworn. Peter Roe, แ Mr. Burrowes.-I must ask this gentleman the same question; although I personally know him, and consider him highly respectable, and to whom I would willingly submit any case for his decision, as a juror, but in discharge of my present duty, I am not to know any individual on the panel. I ask you, Mr. Roe, have you ever declared any opinion upon the subject of this trial. Mr. Roe. I do not know what the subject of the trial is; I thought I had been summoned on a special jury. Mr. Burrowes.-It is a prosecution for a libel, alleged to be contained in a book intituled "a Statement of the Penal Laws, which aggrieve the Catholics of Ireland, with Commentaries." Mr. Roe. I have never seen it, nor given any opinion about it. Mr. Roe was thereupon sworn. Mr. Justice Day.-These objections ought not to be made to the jurors upon conjecture. Lord Chief Justice Downes. The party taking them ought to be prepared with some evidence to support them. Mr. Burrowes. My lords, counsel do not act from their own knowledge; they follow the instructions given them; and with respect to evidence, I know no better witness than the juror himself. William Sparrow, Mr. Burrowes.My lords, I am instructed, that this gentleman has expressed an opinion upon the subject. Mr. Justice Osborne.-Perhaps it may save time to permit you to ask the question; as if the gentleman denies the fact, you may not proceed further. Mr. Justice Daly.-That may produce some inconvenience, as a juror who wishes to avoid being sworn, has only to say he had given an opinion. Mr. Burrowes.-Permit me to ask you, Mr. Sparrow, have you ever expressed any opinion upon the subject of this trial? Mr. Spurrow.-I do not know what the subject of the trial is. Mr. Burrowes. It relates to a passage in a book, intituled "A Statement of the Penal Laws, &c." Mr. Sparrow. I have never declared any opinion in respect of it. Edward Clibborn, set by on the part of the crown. Richard Litton, sworn. Thomas Rochfort, sworn. Mr. Burrowes.-Have you, sir, ever declared any opinion respecting this book? Mr. Prentice.I never read the book, nor ever had it in my hand. Edward Rice, sworn. sudden effusion of faction, and malignity, sent in a hurry to a daily newspaper; but it is contained in a very elaborate work, prepared with extreme art and deliberation. It is contained in the second part of that work, which came out at a considerable distance of time after the first part of the same had been published. It is intituled "a Statement of the Penal Laws, which aggrieve the Catholics of Ireland, with Commentaries." The number of grievances, which are alleged, in this book, to exist, are found sufficient to fill two volumes octavo. With the particulars of this statement of alleged grievances, I do not mean to trouble you, at this day. If there be any part of it, which can be of advantage to the defendant in explaining the publication, he will have liberty to resort to it--but I shall call your attention more particularly to that part in which the libel, upon which you are to decide, is contained; and I shall do that for the purpose of removing any cavil or doubt, as to the meaning and intent-the evil and mischievous purpose for which this libel was calculated. Gentlemen, it forms part of what is stated to be the 9th Chapter of the second part of this Statement of the Penal Code, intituled, "Of the Laws which aggrieve the Catholics, "touching the administration of Justice and "Trials by Jury"-No doubt, to us all, the most important branch of civil government. If the laws be not duly and equally and impartially administered to the high and low Richard Darling, set by on the part of the to the poor and to the rich-to the Catholic Mr. Kemmis stated the information and plea. Mr. Attorney General. My lords and gentlemen of the jury; this is an information filed by me, ex officio, as attorney-general, against the defendant, Hugh Fitzpatrick, as the printer of a libel, which has been stated to you from the pleading. It is a libel upon his grace the duke of Richmond, and the government of Ireland; and I am sorry to be obliged to state, that it appears to me, and I am sure will appear to you, to be one of the most mischievous and malignant libels, that ever disgraced the Irish press. This is not an ordinary libel: it is not a and to the Protestant, I will admit, that the great ends and purposes of government-indeed of civil society itself-are not answered, or fulfilled. This book, however, has the audacity to represent, without any regard to truth or decency, that the administration of justice by judges and juries is partial; and the object of it is, to impress upon the mind of the Roman Catholic population of Ireland, that they have not the benefit of the laws, and cannot obtain justice, under the present constitution and government of the empire. This is so grossly and abominably false, that it carries with it, to every candid mind, its own refutation, and I should willingly consign it to the refutation which it carries with itself. There is no man in this country so ignorant, or so liable to be misled, as not to know, that law and justice are equally administered to every man, and of every religious persuasion. I have been a long time an attendant upon courts of justice; I have seen a long succession of judges; and I am proud to bear testimony, upon such credit as I may have with the public, that until the publication of this infamous libel, I never had cause to suspect, nor ever heard it insinuated, with respect to any one of all these judges, that his judgment had in the remotest degree been influenced by the religion of the parties before him. I believe, your own experience teaches you the same lesson, with respect to the con duct of juries. It is a question which is never asked, and it is never even known in the But there is a branch of the administration of justice, of great and vital importance indeed, which does not fall-from the nature of the mode in which it is exercised-immediately under the eye and observation of the public. I speak of the exercise of the prerogative of mercy-entrusted to the crown for the benefit of the people-in this country delegated to the representative of majesty. It is one of the most serious and awful responsibilities, with which the executive magistrate is invested, et him have to exercise it in which way he may; whether by stopping the ordinary course of the law, by granting a pardon-or by refusing the application for its interference.-In either case, the duty imposed upon the executive magistrate is of the most painful and awful responsibility.-The libel in question relates to this branch of the administration of justice. If that be lightly and inconsiderately, but above all, if it be corruptly and wickedly administered-if there be an executive magistrate capable of abusing such a trust, no punishment can be too severe for his crime. It is, therefore, no light imputation, to charge the representative of majesty and those who advise him, with the abuse of so solemn and sacred a trust. "even Catholics dare not withhold their sig"natures lest they should be stigmatized as "sanguinary and merciless. Thus the testi"mony appears unanimous; and the lord lieu"tenant readily pardons-perhaps promotes "the convict, who, in some instances, becomes henceforth a cherished object of favour." Good God! Must not the author of this abomination have known, that in the exercise of this painful and responsible duty, no applications come from what quarter they mayhave any influence with him, who exercises it, if the guilt be clear? The author could not be ignorant, that in such a case, vouchers of character have no weight. If ever a libel came forward with a peculiar bad grace against a lord-lieutenant, it is this against that governor, who, I can say, without flattery, if more eminent in any one part of his administration than in another, is so in the exercise of this prerogative, for which the virtues of firmness and humanity which distinguish his character so peculiarly qualify him. Every instance in which he has been called on to exercise that awful and anxious duty, has been marked by caution, the soundest judgment, and the most inflexible firmness. I need not say, that his amiable nature never would fail to incline him to mercy. But I will not put the case upon the merits of him whose government we now enjoy. It is a libel equally false and unfounded, with regard to every representative of majesty who has ever been known in this land. That is the libel, with which this part of the chapter commences, equal in point of falsehood and slander with the libel in question, although inferior in the heinous nature of the imputation; it being less heinous to grant a pardon, where it ought to be refused, than to refuse it where it ought to be granted. Accordingly, in this climax of wickedness, the author rises upon himself, he proceeds to contrast the unfortunate Catholics with the too fortunate Protestants. On the one hand, he says, and would thereby convey, that whereas the Protestant is pardoned, though he be guilty, and when pardon should be refused; where the wretched convict is a Roman Catholic, and has a claim to the mercy of the crown, it is denied to him by the representative of majesty in Ireland, only because he is a Roman Catholic! If the credulity of the Roman Catholics can be induced to believe this infernal slander I shall call your attention, now, to that part of the chapter, in which the author enters upon this distinct branch of the administration of justice. He introduces it with a libel upon the lord-lieutenant, for the time being-whoever he may be: he applies this calumny in succession to every lord-lieutenant. The governors may change, but the libel applies equally to every one who may hold the situation; upon the principle, that as the government is now constituted by law, he must be of the Protestant religion. "In cases where the "Protestant murderer or robber has happened "to be convicted, his Protestantism has secured "his pardon."-Where a Protestant has committed a murder, or a robbery, his pro--that they have not the benefit of the law, or fessing a religion which he disgraces, is a suffi- justice, or mercy, when they are entitled to it, cient recommendation to the lord-lieutenant-I say, that insurrection would become a for mercy!-could we, gentlemen, have sup- duty, and rebellion a virtue ! posed, that any man in this country would have been found base enough to assert so infamous a libel, as that the murderer, and the robber finds a sanctuary in the religion which he has disgraced, from the sentence of the law?-it proceeds: "All the local soi-disant loyalists fall to work: memorials and petitions are prepared and subscribed: vouchers of excellent character are easily procured: It is impossible to dwell upon this, without feeling emotions which cannot be suppressed. It is a call upon the people to break out into civil and religious war: such topics would not be used and urged with such jesuitical art, labour and perseverance, as exist in every part of this work, if the object of the author were not to effect a revolution, by the means of a civil and religious war. If I did not prosecute this crime, I should not deserve to hold the. It is intituled in the margin-" Tragical insituation with which I am invested. I beg to impress upon your minds, that this is no unnatural or forced construction. The contrasted situation of the Roman Catholic convict is not stated in the broad language of the former proposition, because it would be too monstrous :-but you will find the insinuation is equally broad. On the other hand, where the prisoner is a Catholic, he is destitute of this powerful agency and interference. His witnesses, as may be expected, are usually persons of his own condition and family. It is true, they may swear positively to an effectual and legal defence, wholly uncontradicted; but, not being Protestant (i. e. respectable, the epithet attached affectedly to every thing Protestant) they commonly fail to meet with credit." Gentlemen, I appeal to your own experience: do you ever hear the counsel, or the jury, or the party ask a witness, what his religion is, or attempt to discredit him on that account? It is a tissue of libels, the most shocking, and mischievous, that could be invented. stance." The note is referred to, from the text by an asterisk.-Having stated, that the guilty Protestant was pardoned because of his Protestantism, and the innocent Roman Catholic suffered because of his religion - he calls the reader's attention to a note, which is the subject of the present prosecution. "At the summer assizes of Kilkenny, 1810, one Barry was convicted of a capital offence, for which he was afterwards executed."-So far it is a statement of ordinary intelligence, and forms no ground of accusation.-But the writer proceeds" This man's case was truly tragical. He was wholly innocent-was a respectable Catholic farmer in the county of Waterford; in good circumstances.-His innocence was clearly established, in the interval between his conviction and execution-yet he was hanged; publicly avowing his innocence!!!"-With three notes of admiration. -“There were some shocking circumstances attending this case-which the duke of Richmond's administration may yet be invited to explain to parliament.' Here, in this note, a charge is contained "Should he be convicted, a thousand ru- against the duke of Richmond, and his admours are immediately circulated to the pre- ministration.-In what respect; evidently, in judice of his general character, he is proscribed respect of the exercise of the prerogative of as a dangerous man, a leader of a faction: mercy, which the writer proceeds to illustrate no grand jury interferes in his behalf: and he by this "tragical instance." How is it done? suffers death, publicly protesting his innocence, It is done, with regard to one Barry:-In fortified by the testimony of his confessor's what way?-By suffering him to be executed, belief of his veracity, and exciting the sym-"when he was wholly innocent"-And why? pathy and regrets of the people." This is a representation of a general conspiracy among the Protestant community to destroy a Catholic, who has been convicted in a court of justice; insinuating to the Catholic population, that they are denied mercy upon idle rumours, without even ascertaining from what source they proceed; representing the exercise of this important trust, as a subject of continued and abominable abuse; yielding to the vouchers of character, in favour of the guilty Protestant, and to idle rumour against the innocent Catholic. -The reason assigned is-because he was a Roman Catholic!-It is impossible to read it, and misunderstand it.-No complaint is made of the executive government, but upon this point-the exercise of the prerogative of mercy. This relates to the exercise of it, with regard to a convict of the name of Barry," who was wholly innocent."-" His innocence was clearly established in the interval between his conviction and execution-yet he was hanged, publicly avowing his innocence"-and he was refused mercy, because he was a Catholic!The title of the preceding paragraph in the "And he suffers death, publicly protesting his text is-"Catholic prisoners, how treated"innocence, exciting the sympathy and regrets and then the case of Barry is referred to, as a of the people." This passage, you see, is" tragical instance."-His innocence was esaddressed to the lowest order of the community; assuming it, as a proof of his innocence, that the convict declared he is so-and that he suffers death, being an innocent man, because he is a Roman Catholic. This is the import of the chapter, to which the particular libel in question, refers. It commenced with a general libel upon the office of the lord-lieutenant-by charging him with two crimes-pardoning the murderer, and the robber, if Protestant-and suffering the innocent man to be executed, merely, because he is a Catholic:-The writer then concludes this part by a note, to illustrate and prove, by a fact and an example, the imputation, which he throws upon the government, and sufficient to inflame the Roman Catholic mind to mad ness. tablished, between his conviction and execution, and therefore there is no imputation upon the judge who tried, or the jury who convicted him-but the imputation is flung upon him, in whom the prerogative of pardon is vested, and who refused to exercise it in favour of a man, who was perfectly innocent; and whose innocence was established; because he happened to profess the Roman Catholic religion. I think it proper, in this stage of my statement, to mention, that I was last night served with a crown summons, on the part of the defendant, to attend as a witness in this cause, together with the right hon. lord Norbury, sir This is a mistake in the publication, as to the year.-The trial of Barry was in 1809. |