who would not lay down his life to preserve true liberty and equality; but these are but conceptions to cajole the ignorant: the yulgar abuse of a constitution which we possess to the envy of the world" Liberty and equality, words which we use for an opportunity of repelling calumny and of saying, that by liberty we never understood unlimited freedom, nor by equality the levelling of property, or the destruction of subordina tion. This is a calumny invented by that faction, or that gang, which misrepresents the king to the people, and the people to the king, traduces one half of the nation to cajole the other, and by keeping up distrust and division, wishes to continue the proud arbitrators of the fortune and fate of Ireland." Is not this traducing the government? But attend, gentlemen, to their definition of liberty.

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Liberty is the exercise of all our rights, natural and political, secured to us and our posterity by a real representation of the peo ple; and equality is the extension of the constituent, to the fullest dimensions of the constitution, of the elective franchise to the whole body of the people, to the end that government, which is collective power, may be guided by collective will, and that legislation may originate from public reason, keep pace with public improvement, and terminate in public happiness." Certainly, gentlemen, the sentence is very sonorous, and agreeable enough to the car; but to the mind it conveys nothing but this, that government is to

and low, rich and poor, ignorant and learned; the people are to govern the people, and how they will do so, unhappily for mankind, has been learned from experience.

They next inform these men, that they are not embodied, as before stated, for the protection of their country, but to resist a body of men about to be constituted by government for the protection and safety of the state, but whom they are pleased to decm suspicious. Is not this to raise disturbance? Is not this to excite tumult? "Citizen soldiers, to arms! Take up the shield of freedom and the pledges of peace, peace the motive and end of your virtuous institution. War, an occasional duty, ought never to be made an occupation. Every man should become a soldier in the defence of his rights; no man ought to continue a soldier for offending the rights of others. The sacrifice of life in the service of our country is a duty much too honourable to be entrusted to mercenaries, and at this time, when your country has by public authority been declared in danger, we conjure you by your interest, your duty, and your glory, to stand to your arms, and in spite of a police, in spite of a fencible militia," the police established in the different counties are first represented in an odious light to the volunteers; a reflection is cast upon the militia, and now the mercenaries are stig-be conducted by the will of every man, high matized, and a distinction taken between them and the volunteers of Ireland, thus summoned by this corporation of United Irishmen." In virtue of two proclamations to maintain good order in your vicinage, and Mark this next passage, gentlemen, for I tranquillity in Ireland. It is only by the mili-confess I do not understand it.-"If our tary array of men in whom they confide, whom they have been accustomed to revere as the guardians of domestic peace, the protectors of their liberties and lives, that the present agitation of the people can be stilled, that tumult and licentiousness can be repressed, obedience secured to existing law, and a calm confidence diffused through the public mind, in the speedy resurrection of a free constitution, of liberty and of equality." -Here, gentlemen, let me call your attention; what meaning can be given to these words by the plainest man in the ball of these courts? What! was our free constitution dead? Do the gentlemen intend by way of argument to excuse this as the consideration of a grievance? They tell the people they have no constitution, that they might look for another; is this a cool disquisition upon a matter that every man has a right to inquire into? is not this to excite tumult? "Liberty and equality!" Words, gentlemen, that it would be painful to me to observe upon to the extent to which they go, words that suggest but too much to every good and reasonable mind. There is no man in this kingdom

constitution be imperfect, nothing but a reform in the representation will rectify its abuses; if it be perfect, nothing but the same reform will perpetuate its blessings."-This is something like tobacco hic.-If our constitution be imperfect, nothing but a reform will render it perfect;-if it be perfect, still the reform is necessary to keep it perfect.-In whatever light it is viewed, reform is necessary, and a good constitution requires amendment as much as a bad one. I do not feel it necessary to dwell upon this, because it is so unintelligible, that it cannot deserve notice. But see next, what endeavours have been used to render odious among the people, those forces upon whom our peace and tranquillity depend." We now address you as citizens, for to be citizens you became soldiers, nor cau we help wishing that all soldiers, partaking the passions and interests of the people, would remember that they were once citizens, that seduction made them soldiers, but nature made them men."-How will my learned friend when he comes to speak of this part of the case satisfy you, that it was necessary in a publication of this sort, recommending a

will be able first to move and then to raise the world." Here is an open declaration of their wish to raise the people, not only of this country but of the whole world; a proof of peaceable intent! "We therefore wish for Catholic emancipation without any modification, but still we consider this necessary enfranchisement as merely the portal to the temple of national freedom: wide as this entrance is-wide enough to admit three millions-it is narrow when compared to the ca pacity and comprehension of our beloved principle, which takes in every individual of the Irish nation, casts an equal eye over the whole island, embraces all that think, and feels for all that suffer. The Catholic cause is subordinate to our cause, and included in it; for, as United Irishinen, we adhere to no sect but to society-to no creed but christianity-to no party but to the whole people. In the sincerity of our souls do we desire Catholic emancipation; but were it obtained to-morrow, to-morrow would we go on as we do today, in the pursuit of that reform, which would still be wanting to ratify their liberties as well as our own.

reform in parliament, and to be disseminated among thousands, to tell the soldiers, the forces of the state, that their profession was dishonourable, that they were imposed upon, that they should not be entrusted with the protection of the state? Gentlemen, I am unwilling to dwell upon these passages, it is but necessary to mention them to show their danger, if they deserve consideration you will give it to them, if not, you will not waste your attention upon them.-" That nature made them men."-It required no authority to satisfy them of that." We address you without any authority, save that of reason, and if we obtain the coincidence of public opinion, it is neither by force nor stratagem, for we have no power to terrify, no artifice to cajole, no fund to seduce. Here we sit without mace or beadle."-What they allude to, I suppose you, gentlemen, apprehend, they seem to disdain any distinction in civil institutions." Neither a mystery, nor a craft, nor a corporation.-In four words lies all our power, UNIVERSAL EMANCIPATION, and REPRESENTATIVE LEGISLATURE." In these four words lies all the power of the United Irishmen, ac cording to this publication, approved of by the traverser; he himself a member of that society, and secretary of the meeting which composed it

sentiment, an uniformity of conduct, an united cause and an united nation. If a convention on the one part does not soon follow, and is not soon connected with that on the other, the common cause will split into the partial interest; the people relax into inattention and inertness; the union of affection and exertion will dissolve; and too probably some local insurrections, instigated by the malignity of our common enemy, may commit the character and risk the tranquillity of the island.”

"For both these purposes it appears neces sary that provincial conventions should assemble preparatory to the convention of the Protestant people. The delegates of the Ca"Universal emancipation!" By that I pre- tholic body are not justified in communicatsume is meant the giving a right of voting ing with individuals, or even bodies of infeto every man in the community. "And re- rior authority, and therefore an assembly of a presentative legislature!" The meaning of similar nature and organization," (French these words is but too obvious. "The con- language still occurring with French ideas) stitution" is often in the mouths of men, when" is necessary to establish an intercourse of the destruction of it is in their hearts. If the plan of these people were carried into effect, where would be the House of Peers?-for our legislature, gentlemen, consists of King, Lords, and Commons. When government is guided by the will of all the people and their force carried into action, where will be the House of Peers? Where will be our constitution? buried in the anarchy of republican power, formed from the dregs of the people;-A government consisting of all the people, guided by the will of all the people. What sense but this can be put upon these words? If indeed the context of the paper shows you, gentlemen, that any thing else was meant, than as I interpret the words, you will take it altogether in that sense in which it appears to have been meant. God forbid, I should endeavour to wrest any thing to impute guilt to the gentleman who now stands at your bar, that the whole of the paper does not warrant ! But if the words bear that meaning which I give them, who will say, that guilt shall not be imputed to him? You will form your opinion from reading the whole, and comparing the several parts with each other.

Here comes a sentence which will puzzle you a little, but which with some comment may be understood. "Yet we are confident that on the pivot of this principle, a convention-less still, a society-less, a single man

Gentlemen, the paper mentions here the common enemy, as to who is meant by the expression, you will judge; did they mean those who were about to defeat their machinations, and who would not commit the tran quillity of the island to the convention to be assembled? it says, " an assembly of a similar nature and organization is necessary." These are Gallic sentences and suited only to the soil of France. "And risk the tranquillity of the island. Which can be obviated only by the influence of an assembly arising from, assimilated with the people, and whose spirit may be, as it were, knit with the soul of the nation. Unless the sense of the Protestant people be, on their part, as fairly col lected and as judiciously directed; unless individual exertion consolidates into collective strength; unless the particles unite into one mass, we may perhaps serve some person or

emancipation and representative legislature! They are held up as such a force and controlling power as must produce that effect upon the king, lords, and commons;-An effect which they profess to have designed for the good of their country-if they did, they should seek its accomplishment by reason and by ar

some party for a little, but the public not at all. The nation is neither insolent, nor rebellious, nor seditious. While it knows its rights, it is unwilling to manifest its powers; it would rather supplicate administration to anticipate revolution by a well-timed reform, and to save their country in mercy to themselves."--An address to the volunteers to ob-gument. But to publish a call to arms to tain universal emancipation;-holding out, that this kind of remonstrance should be attended to, before the power of the nation should be exerted. What meaning does a common understanding annex to these words? -Was it not a threat? Was it not to spirit up the minds of the people against the members of parliament? Was it necessary for the purpose of cool investigation, or to obtain constitutional redress, that the people should exert their power? and to threaten parliament, by telling them there was a force to be raised against them? Unless a reasonable account is given why this language was inserted, and what the meaning of it was, I must presume, it was for the purpose I men

tion.

that power and authority which for years this country has respected; and from which, certainly, since 1784 every blessing in society has been derived (and every man who looks for those blessings of life otherwise than by a due regard to all ranks of men, blasphemes the God who made us all)-I say, to call upon the whole body of the people to rise in arms and be their own rulers, is a species of government, which, when it comes, will be an equal misfortune to the poor and the rich.The rich would lose that which they enjoy, and more-the power of contributing to the necessities of the poor-Industry will no longer continue to have the motives to labour and those habits of economy which the protection of a mild constitution encourages, but the people will be turned out to a system of plunder, robbery and murder, such as we find prevailing in another country.

"The fifteenth of February approaches, a day ever memorable in the annals of this country as the birth-day of new Ireland; let parochial meetings be held as soon as possi- The paper goes on and recites, "We offer ble," (Here you have an exact delineation of only a general outline to the public, and the French government)" let each parish meaning to address Ireland, we presume not turn delegates, let the sense of Ulster be at present to fill up the plan or pre-occupy again declared from Dungannon on a day the mode of its execution; we have thought it auspicious to union, peace, and freedom, and our duty to speak.-Answer us by actions."the spirit of the North will again become the (An open invitation to force and violence)— spirit of the nation." Now gentlemen of the " You have taken time for consideration. jury, you will mark this next sentence, and it Fourteen long years are elapsed since the rise will be a clue to the whole. "The civil as- of your associations; and in 1782 did you sembly ought to claim the attendance of the imagine that in 1792 this nation would still military associations, and we have addressed remain unrepresented?" These volunteers of you, citizen soldiers, on this subject, from the 1782 had not all these schemes in view-but belief, that your body uniting conviction with this society here expressly tells the people, zeal, and zeal with activity, may have much with arms in their hands, that they remain influence over your country men, your relations unrepresented: and adds, "How many naand friends." The nation is in danger from tions, in this interval, have gotten the start foreign foes and from domestie enemies-so of Ireland? How many of our countrymen they state. The proclamation calls forth the have sunk into the grave?"-What is meant forces of the state. The United Irishmen by nations having got the start of Ireland? is raise their audible voice, and call the people it the revolution in France? they indeed have to arms;--For what? Is it to assist the go-gotten the start of Ireland in calamity and vernment to repel the foreign enemy and seditious foe? But how?-A convention is to be assembled, and they are to call around them the national forces. The convention was to meet at Dungannon; there assembled, were these forces to repress foreign foes and domestic sedition? Gentlemen, it is but too obvious for what purpose this was intended; this sentence speaks the language of the whole of this paper--and if it had been drawn with more art than it is, here is the clue to the whole: the force of the nation was to be assembled, under the control of the convention assembled under the great seal of the United Irishmen, who say they are not a corporation; but who have a corporation seal: -For what purpose? to obtain universal

distress: long may they hold their distance; and long, long may be the period before we shall overtake them, is my most sincere and earnest wish.

Such is this paper-I have read it accurately. Gentlemen of the jury, it is for you to consider the whole of it, and determine whether it was published by Mr. Rowan, and whether it be a libel or not?-If you should be of opinion that Mr. Rowan is guilty of publishing this paper, then you are to consider whether it is a libel or not?-Gentlemen, it is the peculiar felicity of this country, the great blessing of our constitution, that we have a trial by jury; in France it is polluted; but it is the boast of our constitution that we have a trial by jury, and the great preserva

a

tive of that blessing and of the constitution | late act ot parliament. Upon the first, I have itself, is the liberty of the press; that is the said abundance to satisfy you. I will suppose great bulwark of our free constitution, we however, that this paper was addressed to have a trial by jury, and of the freedom of the old volunteers : what then? The tenthe press you are the guardians. You, gen- dency of the paper was to excite those voluntlemen, are by the constitution appointed to teers to commit actions that would tarnish the decide upon all these questions touching the honour acquired by their previous conduct. freedom of the press.' The freedom of the Let them show that the proclamation (against press cannot be destroyed but in two ways, which this was a counter-proclamation) went first, by the overweening power of the crown, against the old volunteers---it meant no such secondly, by its own licentiousnes corrupting thing-it describes them so and so.—But there the minds of the people ; and when it is des were among the old volunteers men actuated troyed, then will our constitution be at an end. by new principles and new motives, that it While the press is left open to cool and fair became the duty of government to suppress discussion upon legal and public topics of them. For your sake they did so;-no gogrievance and constitution, so long will the vernment should be influenced but by the freedom of our constitution endure; and prosperity of the whole state. But in what whenever an attempt is made to control it, respect did these men resemble the old voyou will step in and guard and protect it as lunteers ? not in a single feature : these men you would guard your property, your lives, were assembled by the call of the United and your liberties; you will secure it from Irishmen in Back-lanc; the ancient volunlicentiousness. Where its licentiousness is teers were assenabled by the call of governnot punished, through the weakness or timi- ment and the lord lieutenant, who distributed dity of a jury, its freedom can no longer exist. arms among them from the arsenal, for the

What does the paper which is the subject public defence; they added to these out of of the present question purport to be it their own pockets whatever they thought ne. looks for a reform of parliament, it calls to cessary; they werc collected to support that arms the citizens under pretence of support. constitution which is now sought to be overing the government by resisting it, by speak- turned. Were these new volunteers of that ing of grievances which cannot be endured, it description? Were they so formed? How is overawing the parliament. If such licen- were they equipped ? The green cockade was tiousness be tolerated, then the freedom of adopted in the place of the black. I have no the press will be destroyed. You, gentlemen, necessity for this; but fearful that men will will consider whether this paper contains in have recourse to such topics to cajole. you, I itself internal evidence to show that the mo- ; think it necessary to take notice of them. tives of its publication were not for the pur- Secondly, as to the act of parliament within pose of reasoning with the people, or for the this kingdom, I am not aware that it operales necessary correction of any evil in the con- here; but even by it, as it now stands, and I stitution, but to excite sedition and tumult. told you so before, you have a right to enter If in that case you believe that Mr. Rowan into the guilt or innocence of intention upon published it, then you must find him guilty. this occasion, as you would upon the trial of if, on the other hand, you are of opinion, that any other offence. Gentlemen, to you, and this was a cool and dispassionate paper, rea- most willingly, I commit this case; I desire soning with the people in a becoming manner, no more than that you will by your verdict acknowledging the authority of the law, then vindicate the freedom of the press and punish you will acquit him. Further, let the ten- the licentiousness of it. dency of the paper be what it may, if you are of opinion, he did not publish it, then you EvidencE FOR THE PROSECUTION. must acquit him. We will produce a witness | John Lyster sworn.—Examined by Mr. Prime to show he published an individual paper-we will prove that he took several others and dis

Serjeant. persed them abroad—if you believe the evi- Do you recollect the 16th of December, dence, it will be impossible but that you must 1792?– I do. be satisfied he is guilty. Thus stands the Do you recollect having been at any place evidence. I have stated that the traverser that day?-I do. was secretary to the United Irishmen. It Where?-At one Pardon's house in Copewill be proved thus:-he published that paper; street. if he did, he acknowledged the contents of it Were there many people assembled there? to be true ; and the paper states him to be - There were to the amount of 150 or 200, secretary of the society.

with side-arms and uniforms, there was a table Gentlemen, such is the case as it appears in the room. to me on the part of the crown. I will not Did any person, and who, sit at that table ? pretend to anticipate what may be offered by –There was Mr. Hamilton Rowan and Ms. the gentlemen on the other side. Two topics, Napper Tandy at it, and a good many others. however, have occurred as likely to be intro- Court. What do you mean by uniforms? duced :-one is, the case of the volunteers Regimental uniforms-scarlet with different the other, the functions of a jury under the facings,

What brought you there?--Merely curiosity. How was it excited?-I happened to pass through Cope-street, and saw a great crowd-ing up and down?-They were walking;I asked what it was-they said it was a meet- there were very few forms or chairs in the ing of the United Irishmen. My brother was room. with me, and we went into the room; we were in coloured clothes, and to the best of my recollection, Mr. Rowan said, no gentleman with coloured clothes could be there; but mentioned, that there was a gallery to which we might go.