"In the subsequent paragraph the author inforces the necessity of the speedy meeting of conventions.-‹ If, says he, 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 will 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 risque 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 collected and as judiciously directed; unless individual exertion consolidates into collective strength; unless the particles unite into mass, we may perhaps serve some person or some party for a little, but the public not at all.' Does this mean to give the fullest dominion to the whole body of the people, to overawe the governing executive power? Gentlemen, the mass of the people is to be collected after the French manner, and bear down all before them. French doctrines were to be carried into execution. Are those the innocent examination of claims, and the discussion of great political subjects? To what part of the discussion was it necessary to tell the army, that 'seduction made them soldiers? Was it necessary for the deliberation of that great question, the emancipation of the catholics of Ireland? to say to the army, Seduction made them soldiers, but nature made them men.' The words are, We now address you as citizens, for to be citizens you became soldiers; nor can we help wishing that all soldiers partaking the passions and interest of the people

people would remember that they were once citizens, that seduction made them soldiers, but nature made them men.' I say, gentlemen, where was the necessity of telling the army, that seduction made them soldiers? Was it necessary to detach them from their duty, for the purposes which this publication intended to accomplish? You are told that their whole creed, their whole system, lay in four words, universal emancipation and representative legislature.' I say, without universal slavery there cannot be universal emancipation, and without the ruin of that constitution, the panegyric upon which produced such a burst of applause in favour of the learned counsel, there cannot be a representative legislature. The legislative authority consists of King, Lords, and Commons-but they must have an elected king and elected nobles to answer their ideas of representative legislature. I am unwilling to state the seditiousness of this libel farther: but there is another paragraph that deserves to be considered-it says, '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.' Here the government of this country was called upon to yield to this reform, to anticipate revolution, and save this this country in mercy to themselves. The peaceable language of discussion! Can you read this publication and say it was not the intention of the publisher to intimidate and overawe the government of this country? The people are invited to arms, to catch a revolution by force, and then the government is called upon to anticipate the revolution by a reform. Is this the peaceable discussion for which the counsel contend? or is this the freedom of the

press, for which I would go as far as any man? Here the libel points a particular day for the convention to meet; it says, 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 possible, let each parish return delegates, let the sense of Ulster be again declared from Dungannon, on a day auspicious to union, peace, and freedom, and the spirit of the north will again become the spirit of the nation. The civil assembly ought to claim the attendance of the military associations.' Here the military associations were particularly called on to attend the civil assembly at Dungannon: Was it for the purpose of giving weight to their resolutions? Was it for the purpose of sending their resolutions to parliament, backed by the people in arms? It was a national convention, to be attended by a national guard. This was the object of this publication, as it ftrikes me; the very able manner in which it was gone through by my learned friend, makes it unnecessary for me to dwell upon it, lest I should weaken the force of his remarks. If you are satisfied of the fact that Mr. RowAN did publish the instrument in question, then you will consider whether that publication was likely to produce the effects mentioned in the information, and you will decide whether the publication was an innocent or a criminal one? I will agree it is matter for your consideration what was the immediate effect for publishing this libel? Immediately after it was read, some copies of it were thrown out to the mob in the street, who called out for more of them, and more of them were thrown out. Here is a fact, which, if you believe, is of considerable weight. Gentlemen, in this case there has been no justification, nothing has been said to palliate the publication.

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publication. You will decide on the matter of this libel, and whether it was published with an innocent intention, or with that seditious view charged in the information.

"Gentlemen of the jury, in any case where a man kills another, it is prima facie evidence of malice; but it admits of proof to shew the manner in which it was done, and whether the party accused killed the person with a felonious intent, or whether the killing was by accident, and not done with any intention of taking away the life of the party. The allusion comes home; here is a libel, and unless it is shewn by excuse or justification that it can be qualified, the law will say it is libellous.

"In the present case, the learned counsel on the part of the defendant has endeavoured to set your hearts and passions against your consciences and judgments, by representing that the liberty of the press would be destroyed by a verdict against the defendant; but I appeal to the authority to which he appealed, to shew what the liberty of the press is: It is employed as the sentinel to alarm us; we should take care it is not abused, and converted into a traitor; the inftant it degenerates into licentiousness, it must be punished.' That is an opinion to which every man must subscribe, and which should be as lasting as the constitution itself. Gentlemen, I have trespassed too long upon your patience; if you can reconcile it to your oaths, that Mr. RowAN did not publish this paper, or that it does not contain any matter libellous, no man will be better pleased at an acquittal than I shall. But on the other hand, I conjure you by your oaths, that, uninfluenced by power or prejudice, favour or affection, you discharge your duty to God, your country, and yourselves."

Earl Clonmell, Lord Chief Justice." Gentlemen of the jury, at this late hour, it is some relief to the bench

and

and myself that the learned gentlemen of the bar on both sides have so ably spoken in this case, that it is not now necessary for me to be very prolix or voluminous in my observations. I shall therefore, for your convenience and that of the bench, contract my observations within as short a space, as in the discharge of my duty I think I ought to do. Before I go into the particulars, or give any opinion upon the publication, I think it my duty to ftate and fully apprize you of a statute which passed the last session of parliament in this kingdom, by which it is declared and enacted, that upon all trials by indictment or information (which, if it wanted it, is an additional solemnization of this mode of trial) where issue is joined, as in the present case, for making or publishing any libel, the jury may give a verdict of guilty or not, upon the whole matter put in issue, and shall not be required or directed by the court to find guilty, merely upon proof of publication, provided the court shall, according to their discretion, give their opinion upon the matter in issue in like manner as in other criminal cases. I shall endeavour, as far as I can, to conform to the spirit and words of the law. You had the power to do so before, perhaps you had the right; this act of parliament is a legislative exposition of that right, and you will exercise it as becomes you. Though the evidence is not long or complicated, yet the paper is both long and complicated; therefore I will adopt that order which has been made by the bar, and class my observations under four heads, being the leading objects complained of in this information :

Ist. "The making the government obivous by endeavouring to disparage and degrade it.

2d." To render the people discontented, not only with the government, but the constitution.