"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 instant 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 Clonmel, Lord Chief Justice." Gentlemen of the jury, at this late hour, it is some relief to the bench 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 state 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:

1st. "The making the government odious by endeavouring to disparage and degrade it.

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

3d. "To solicit the people to take up arms to intimidate the legislature.

4th. "Endeavouring, by tumult and by force, to make alterations in the constitution and government, and overturn them both.

"Gentlemen, every thing which I shall say to you will fall under one of these heads. The information, of which I have an abstract in my hand, is, That ARCHIBALD HAMILTON ROWAN, maliciously designing and intending to excite and diffuse among the subjects of this realm, discontents, jealousies, and suspicions of our lord the king and his government, and to raise dangerous seditions within this kingdom of Ireland, and to draw it into scandal and disgrace, and to incite the subjects of our said lord the king to attempt by force and violence to make alterations in the state and constitution, and to excite the subjects of our said lord the king to overturn the

established constitution of this kingdom, and to intimi date the legislature of this kingdom by an armed force, on the 16th of December, in the 32d year of the king, in the county of the city of Dublin, wickedly, seditiously, and maliciously did publish a libel of and concerning the government of this kingdom, according to the tenor and effect following: Society of United Irishmen to the Volunteers of Ireland,' &c. They state themselves to be a self-created body; they state it vauntingly-they say they have no authority save that of reason, they have no authority in the state. I will therefore consider the language of this paper as that of a body not known to the constitution, calling upon the subjects at large, though they scorn to call them so. Let me bring to your minds, that one gentleman thought the address was to a new created body of volunteers; another gentleman thought it was addressed to the original and respectable volunteers: take it either way—if addressed to the new created volunteers, it was for the purposes of sedition-and if to the old original volunteers, it would be still more dangerous if they were to succeed with them in altering the constitution by force. It is stated, William Drennan, president. Archibald Hamilton Rowan, secretary.' This is a strong presumption that Mr. RowAN was acquainted with every part of the paper; it professes upon the face of it that he was secretary of this society. I shall come, by and by, to the question of publication; if he published it, there does arise a presumption that he knew what he published: I go no farther with that observation. He says, 'Citizen Soldiers, you first took up arms to protect your country from foreign enemies and from domestic disturbances; for the same purposes it now becomes necessary that you should resume them.' Citizen Soldiers, you first took up arms, that is, in my judgment, you took them up originally for these two purposes; it now be comes necessary you should resume them for those pur

posés. A proclamation had been issued in England for embodying the militia, and one in Ireland for repressing seditious associations; in consequence of both these proclamations it is reasonable to apprehend danger from abroad and danger at home.' The printed paper has been proved and read; it says, For whence but from apprehended danger are those menacing preparations for war drawn through the streets of this capital (inuendo, meaning the city of Dublin)? or whence, if not to create that internal commotion which was not found, to shake that credit which was not affected, to blast that volunteer honour which was hitherto inviolate?" In my opinion these words fall directly within one of these heads I have stated, as rendering odious to the king's subjects the proclamation as insincere and hypocritical, as creating internal commotions, which it is intended to restrain, and that embarrassment which was not found; that it went further to the ruin of the country, shaking the credit which was not effected, and blasting the volunteer honor, which was hitherto inviolate, as if it was said to be blasted by the executive government. This was, in my mind, a charge of having created disorder not before existing, of shaking the credit of the country contrary to the duty of government, and blasting that volunteer honor which until this instrument appeared never was violated. It is charging them, in my opinion, as insidiously as the meanest mind can conceive, in a most vital part, the peace and the credit of the country. Whether it was calculated to inflame the minds of the subjects, will be for your consideration, on your oaths. It says, 'There were rumours and suggestions which agitated our old men, our women, and children.' What is that? Why, this is all an imposition of government, they wanted to frighten you by a bugbear. 'Whatever be the motive, or from whatever quarter it arises, alarm has arisen; and you, volunteers of Ireland, are therefore summoned to arms at the instance of go

vernment, as well as by the responsibility attached to your character, and the permanent obligations of your institu tion.' Here was another imputation upon government; they have raised apprehensions, and summoned these persons to take up arms. It goes on and says, ' We will not at this day quote authorities for the right of using arms; but we will cry aloud even amidst the storm raised by the witchcraft of a proclamation.' We will cry aloud in the storm.' Where or how was it raised? It says, By the witchcraft of a proclamation.' Here was an imputation charged upon the proclamations of government as raising a storm in the country. It says, 'To your formation was owing the peace and protection of this island, to your relaxation has been owing its relapse into impotence and insignificance;' that is, when you were in arms, this island was protected and in peace, and appeared to be of consideration; to your relaxation has been owing its impotence and insignificance, therefore it can only be raised again into importance by your taking If that is the impression of this paragraph, you up arms. will consider whether this is a libel upon the goverment or not. It was a publication not only to the people of this kingdom, but to all the enemies of this nation, saying, that this country was in a state of impotence and insignificance. It goes on and says, 'That to your renovation must be owing its future freedom and its present tranquillity. You are therefore summoned to arms, in order to preserve your country in that guarded quiet which may secure it from external hostility, and to maintain that internal regimen throughout the land, which, superseding a notorious police or a suspected militia, may preserve the blessings of peace by a vigilant preparation for war.' It is impossible in a work of this kind, were it twice as libellous as it is, if it could be so, that it should not be mixed with some professions, some parts better than others; it must profess something to be re