I hope your Lordship will take the several circumstances I have stated into consideration-if guilt, my Lord, consists in the mind, I solemnly assure you, that I have examined my heart, and find that it perfectly absolves me from all and every criminality of intention; I have only then to inform your Lord. ship that a heavy fine would be tantamount to perpetual imprisonment, and long imprisonment little short of death; yet whatever punishment you may please to inflict, I trust I have sufficient fortitude arising from my sense of religion, and of the sacred cause for which I suffer, to enable me to bear it with resignation.

Mr. Justice Downes then proceeded to pass sentence upon the prisoner. He told the prisoner he had listened to him with patience, that nothing had fallen from him to induce a mitigation of punishment, except what he had stated of the length of time he had been in confinement, which he would not forget in the sentence; as the time of the imprisonment should commence from the day of the arrest. That with respect to the libel being published without his immediate knowledge, if this were an excuse, which it was not, no evidence of the fact had been laid before the Jury.

Mr. Justice Downes then continued: Sir, in scornfully declaring that guilt or infamy was attached to assisting the discovery of guilt, you have affected a false spirit; and you have proved that the government would have afforded you mercy, which your libel asserted it was not in their nature to give.You say there were documents which would have substantiated the facts. It would be monstrous indeed, that a Printer should take upon him to determine, what were sufficient documents to justify his censure of the government. The publication is a most atrocious libel on the administration of justice in all its branches. If the verdict had been as you have stated, and that the learned Judge had reason to suppose, that it was the result of perjury and intoxication, he would from his nature, have delighted in recommending the unfortunate man as an object of mercy; and surely such recommendation would have been attended to. Your libel says, these facts were true, and that the Lord Lieutenant was acquainted with them. It is impossible if they were true, and that they had come to the knowledge of the Chief Governor, and that the person was a proper object of mercy, pardon would not have followed, for there is no man whose heart is so steeled against mercy and humanity, as to have refused it.

It also says, "if Mr. Orr was guilty, what was his crime? It was administering an oath of love and charity. If it was an oath of extermination, he would have found mercy." What? say it was no crime, the administering an unlawful oath, when

from

from such oaths the present unfortunate state of the country springs? It was an oath binding the taker to be a member of a society formed for seditious purposes, whose end has on many occasions appeared in evidence subversive of order, and promoting an attachment to the enemies of the country. Your sentence is, "That you be imprisoned for two years from the day of your arrest, that you stand in the pillory for one hour, pay a fine of 201. and at the expiration of your confinement give security yourself in 5001. and two sureties in 2501. each for your good behaviour for seven years."

SATURDAY, Dec. 30.

This day Mr. Peter Finerty, pursuant to his sentence, stood one hour in the pillory opposite to the Session house, in Greenstreet. An immense concourse of people attended this exhibition. Mr. Finerty was accompanied by some most respectable citizens. He appeared resigned, and upon being released from the restraint of this "governmental engine for securing the Liberty of the Press," he addreseed the spectators in a few words"My friends, you see how cheerfully I can suffer; I can suffer any thing pro ided it promotes the Liberty of my Country."Upon this the spectators applauded by clapping of hands, the most marked silence having prevailed until then. Some of the guard who attended, being, we suppose, the picked men of the Armagh Miliba, attacked the unarmed people Some of the

Officers also were guilty of similar conduct; others, both officers and privates, acted like gentlemen and soldiers. Sheriff Pasley on this occasion, conducted himself with propriety.— The conduct of the people was peaceable and exemplary.

[Mr. Arthur O'Connor now became the Editor of The Press, until that paper was also put down, and Mr. O'Connor sent to prison, where he continued till the peace of Amiens.]

COMMISSION OF OYER AND TERMINER.

N Tuefday the 16th of January, 1798, at 9 o'clock, the

with High Treafon, in compaffing and imagining the death of the King; and alfo, for adhering to the King's enemies, that is, to the perfons whe exercise the powers of Government in France, &c.

ABSTRACT of the INDICTMENT.

FIRST COUNT.-That Patrick Finney, yeoman, on the 30th day of April, in the 37th year of the King, and divers other days at the City of Dublin, being a falfe traitor, did compass and imagine the death of our faid Lord the King, and did trai terously and felonioufly intend our faid Lord the King to kill, murder, and put to death.

The Overt Acts laid were as follow: 1. Adhering to the perfons exerci fing the powers of government in France, in cafe they should invade, or caufe to be invaded, this kingdom of Ireland, they being enemies to the King, and at war.-2. That the confpirators aforefaid did meet, &c confer, confult, and deliberate about adhering to the perfons exercifing the powers of government in France--3. Adhering to the perfons exercifing the powers of government in France.-4. Confpiring that one or more perfons fhould be fent into France to excite an invafion of Ireland.-5. Confpiring that one or more perfons fhould be fent into France to excite an invafion of this kingdom, and to make war therein; and for that purpose did afk, levy, and receive, &c. from other traitors, money, to wit, from each 20l. to defray the expences of the perfons to be fent.-6. That con. fpiring, &c. they did fend into France four perfons unknown, to excite the perfons exercifing the powers of government in France to invade this kingdom, and make war therein.-7. Confpiring to fend, and fending four perfons into France to perfuade invafion, and to aid them in invading and raifing and making war; and Finney, then and there demanding and receiving money, viz. 201. to defray the charges of faid perfons.-8. That

faid Patrick Finney became an United Irishman for the purpofe of affisting the perfons exercifing the powers of government in France, and being met to the number of 48 other traitors, did divide into four fplits, which each contained 12 traitors, and each split did then choose one to be fecretary, to confult on behalf thereof with other splits, under the denomination of Baronial Meetings, for the purpose of adhering and making war, in cafe of an invafion of Ireland from France, and then and there confpiring an attack upon the Castle of Dublin, &c. to deprive his Majefty of the ftores and ammunition therein; and faid Finney to facilitate fuch attack, did advise and commend other traitors to view White's-court, &c. and give their opinion to their several splits, fo that their secretaries might report the fame to their baronial meetings.-9. Adhering to the perfons exercifing the powers of government in France, &c. and with 48 other confpirators, divided into four fplits, each containing 12, each split chooling a fecretary to confer for the purpose of adhering to the enemy in cafe of invasion, and confederating and agreeing that a violent attack fhould be made on the ordnance flores, &c.-10. Confulting, &c. to procure an invafion.-11. Confulting to raise infurrection, rebellion and war, in cafe of invafion of Ireland or Great Britain, from France.-12. Confpiring to affist the perfons exercifing the powers of government inFrance, in cafe of their invading this realm with fhips and arms.

There was a fecond count for adhering to the King's enemies within the realm," and in fupport of this count the overt acts laid were exactly the fame as thofe above recited.

The above abftract from the indictment and overt acts fets forth the charges.

The Right Hon. the Attorney General, began by fhewing that the prifoner, Patrick Finney, flood indicted on a charge of high treafon, of which there are feveral fpecies; he flated two, as applying to the charge-one was the compaffing the death of the King, and the other, adhering to the King's enemies.

On the first of thefe, comprifing the death of the King, he ftated the meaning of the law. This fpecies of high treafon did not alone confift in a direct attack on the King's perfon; the prefervation of his Majesty's life depends much on the tranquillity of the State; any attempt, therefore, to interrupt that, mult affect the fafety of the King; as for inftance, if war be levied within thefe realms, the King, as fiiit magiftrate, and engaged in the restoration of the public tranquillity, muft have his life put in danger, and this inference being equally plain, if a direct attack be not made upon his life, there is nevertheless an indirect one, and thus the law conftrues fuch le vying of war within the realm, a compaffing the death of the King.

Having briefly flated the law as applying to the firft fpecies. of high treafon, the Attorney General then proceeded to the next, that of adhering to the King's enemies; a term indeed fufficiently defcriptive in itself, and capable of informing the plaineft understanding. The laws of this country, calculated as they are for the peculiar protection of the subject, requires

1

that

that whatever the offence may be; however atrocious in its nature, the prifoner fhall be furnished with a copy of his indictment, that he may have every advantage of preparation in his defence; and that he fhall be furnished with that copy a certain number of days previous to his trial taking place. A. nother faving character of our laws is, that no man's life fhall be endangered by general charges, and therefore the particu lar act or acts, conftituting the offence charged, fhall be fet forth in the indictment, and fully proved to the fatisfaction of the Court and the Jury.

Mr. Attorney General here recapitulated the several overt acts laid in the indictment, obferving thereon, that if the jury fhould find any of them fatisfactorily proved against the pri foner, and alfo in the application of the charge of high trea fon, they would in such cafe find that verdict which a due fenfe of duty to their King and Country would prompt-that the whole of the facts laid in the indictment would be fo proved, he was inftructed, confidently to expect from the evidence which he would produce; but if on the contrary, the prifoner fhould prove innocent, none would participate more in the fa. tisfaction which fuch an event would excite in the human breast, than the officers of the Crown, by whom the profecution was conducted. From the evidence which fhould follow his ftatement, it would appear, if he was rightly inftructed, that, in laft fummer, there exifted in this city, and the kingdom, a fo ciety too well known by the name of United Irishmen, who were bound together by an oath of fecrecy, and formed, as incontrovertibly proved by their conduct, for the purpose of fubvert ing the eftablifhed government and Conftitution of this kingdom that there were men in this city, and the kingdom, actually fo infenfible to what they owed the laws of their country, as to enter into obligations of fecrecy in confpiracies directed against thofe laws, and the Conftitution from which they proceeded that it would appear, these focieties were fubdivided into splits, generally confifting of twelve men each, and having a Secretary and Treasurer, into Baronial committees, which were formed of thofe Secretaries and Treasurers, who reported the progress of ledition and treafon from the fub-committees or fplits over the baronial, were county committees, and over them again, provincial committees, organizing the growth of this monstrous and abominable fyftem. It would appear that the object was the fubversion of the Conftitution, and the meafures to be used for effecting this object, were, firft, the invitation of the French to invade this country-fecond, the railing funds and arms, and fwearing people to concur in the schemeand the third, to feize on his Majesty's arsenal.

It would also appear, (incredible as fuch a thing may seem) that they hesitated not to deliberate cooly on the affaffination of any perfons who fhould give evidence against any of then

but