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Was that Mr. Newman holding his stick | newspaper?-I believe you were reading that up to me previous to, or after my addressing him?-After.

Did you hear Mr. Newman call me a rascal?--I did not; I heard you call him one. But before I addressed myself to him, did not you hear him call me a rascal?--I did

not.

And if he had done so, you must have heard him?-Probably I should.

Did you, in the conversation you have stated, hear me make use of any other words than these you have mentioned? Were these expressions not mixed with other words?— Yes, there were several general expressions afterwards; as that none but a German hogbutcher could be guilty of such practices.

the king had been a fox-hunting, and Mr. Pigott expressed great surprise that the king should take diversions of that kind while his subjects were engaged in a war; then you began exclaiming that the king was a German hog-butcher.

You said, that I said, none but a German hog-butcher could be guilty of such practices? -That was by way of explanation; you ge nerally summed up pretty fully. I believe you meant all that the words could convey, that I have given before.

What did you hear me say about the prince of Hesse-Cassel?--That you had no doubt but he was in partnership with the king of England, and that he received fifteen pounds a head, as half the consideration.

I wish to ask you a serious question, whether I did not apply the words, none but a Will you swear that I used these words, German hog-butcher could be guilty of such in partnership with the king of England? practices, instead of the king being a German-It was, or words to that full meaning. hog-butcher?-Both, I believe; I charge you with the first positively, and I believe you spoke the last.

I suppose it is not possible you could be mistaken in these words?-I am pretty confident.

You receive no kind of emolument for ap pearing against me this day?-I expect to be paid my expences.

You have not applied for any part of the

credit loan?--I have not.

I believe your circumstances are not in the best situation?-They are not.

Did you hear me make use of the term, king of England?-You said the king, meaning the king of England.

That is your meaning I suppose?--You had expressed the king of England before.

to the charge; and founded his defence, first, The Prisoner replied, for nearly two hours on the illegality of his first caption in the house of Mr. Leech, there being no law allowing Mr. Leech to order him into custody for mere words.

Secondly, that when he drank "The the present governments in Europe," by the French Republic," and "an overthrow to aй French republic might be understood the good of the French people; and that as an Eng

I believe you are either in a bankrupt state, or making up your affairs?-No, I am not: I have no other end than a man of honour, and the common rights of mankind. Are you positive that I drank an overthrowlishman, when he drank the overthrow of al to the present systems of government through-out Europe, it might naturally be supposed the present systems of government throughout Europe?—I am positive you did, and you he excepted his own country. proposed it.

Did not you, in a former examination, say that I spoke in a language which you did not understand?—It was so in the beginning of your conversation; I much wondered that two men sitting so close together, should talk so extraordinarily loud, so I looked round to see what sort of people they were; in consequence of which, Mr. Pigott noticed me looking at you; then a sort of conversation in French, or some other language, passed between you; so you went on in another language for some time, and you entered into an argument in a language which I did not understand; I suppose you spoke in that language when you found it necessary to put an end to the argument that had attracted at

tention.

Did not the conversation at first originate from a paragraph which I was reading in the

king was a German hog-butcher, it was a And thirdly, with regard to his saying the comparison he used, in which he saw ne great harm; and with regard to the king's selling his Hanoverian subjects to the British government, and what he said about the he did say it, from existing treaties sanctioned prince of Hesse-Cassel, he was warranted, if by parliament.

The Jury returned a verdict of GUILTY.

Mr. Hudson was sentenced to be imprisoned two years in Newgate, to pay a fine of two hundred pounds, to be further imprisoned until such fine be paid, and to find security for his good behaviour for two years, himself in two hundred pounds, and two sureties in one hundred pounds each.

1033] Proceedings against Arch. Hamilton Rowan.

A. D. 1793.

[1034

584. Proceedings in the Case of ARCHIBALD HAMILTON ROWAN, Esq., on an Ex-Officio Information, filed against him by the Right Hon. Arthur Wolfe, his Majesty's AttorneyGeneral for the Kingdom of Ireland, for publishing a Seditious Libel: 33 & 34 GEO. III. A. D. 1793-4.

COURT OF KING'S-BENCH DUBLIN.

of and concerning the government, state, and
constitution of this kingdom, according to the
tenor and effect following, that is to say,
'The Society of United Irishmen at Dub-
lin, to the volunteers of Ireland. William
Drennan, chairman, Archibald Hamilton
Rowan, secretary.-Citizen soldiers, you first

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The Information was as follows: Of Trinity Term in the thirty-third year of the reign of our sovereign lord George the Third, now king of Great Britain, and so forth, and in the year of our Lord one thou-took up arms to protect your country from sand seven hundred and ninety-three. 'foreign enemies, and from domestic disturbance; for the same purposes it now be comes necessary that you should resume them; a proclamation has been issued in England for embodying the militia, and a proclamation has been issued by the lord lieutenant and council in Ireland,' (meaning a proclamation which issued under the great seal of the kingdom of Ireland, the eighth day of December, one thousand seven hundred and ninety-two), for repressing all seditious associations; in consequence ' of both these proclamations it is reasonable to apprehend danger from abroad and danger at home, for whence but from apprehended danger are these menacing prepara'tions for war drawn through the streets of this capital?' (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, are those terrible suggestions and rumours and whispers that meet us at every corner, and agitate at least our 'old men, our women, and our children? '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 govern

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County of the City of BE it remembered Dublin, to wit. that the right honourable Arthur Wolfe, attorney-general of our present sovereign lord the king, who for our said lord the king prosecutes in this behalf, in his proper person comes into the court of our said lord the king, before the king himself, at the city of Dublin, in the county of the said city, on the eighth day of June in this same term, and for our said lord the king gives the Court here to understand and be informed, that Archibald Hamilton Rowan, of the city of Dublin, esquire, being a person of a wicked and turbulent disposition, and maliciously designing and intending to excite and diffuse amongst the subjects of this realm of Ireland, discontents, jealousies, and suspicions of our said lord the king and his government, and disaffection and disloyalty to the person and government of our said lord the king, and to raise very dangerous seditions and tumults within this kingdom of Ireland, and to draw the government of this kingdom into great scandal, infamy, and disgrace, and to incite the subjects of our said lord the king to attempt, by force and violence, and with arms, to make alterations in the government, state, and constitution of this kingdom, and to incite his majes-ment, as well as by the responsibility at

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We

tached to your character, and the perma-
nent obligations of your institution.
will not at this day condescend to quote au-
thorities for the right of having and of using
arms, but we will cry aloud, even amidst
the storm raised by the witchcraft of a pro-
clamation, that to your formation was owing
the peace and protection of this island, to
your relaxation has been owing its relapse
into impotence and insignificance, to your
renovation must be owing its future freedom
and its present tranquillity; you are there-
fore summoned to arms, in order to preserve
your country in that guarded quiet which

ty's said subjects to tumult and anarchy, and to overturn the established constitution of this kingdom, and to overawe and intimidate the legislature of this kingdom, by an armed force, on the sixteenth day of December, in the thirty-third year of the reign of our said present sovereign lord George the third, by the grace of God of Great Britain, France, and Ireland, king, defender of the faith, and so forth, with force and arms, at Dublin aforesaid, to wit, in the parish and ward of Saint Michael the archangel, and in the county of the said city, wickedly, maliciously, and seditiously, did publish, and cause and procure to be published, a certain false, wick-may secure it from external hostility, and to

ed, malicious, scandalous, and seditious libel,

maintain that internal regimen throughout

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'that seduction made them soldiers, but 'nature made them men. 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, neither a mystery nor a craft, nor a corporation; in four words lies all our power

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'the land, which, superseding a notorious police or a suspected militia, may preserve 'the blessings of peace by a vigilant prepa'ration for war.-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 intrusted 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 fenciblement as merely the portal to the temple of namilitia, in virtue of two proclamations, to 'tional freedom; wide as this entrance is, wide 'maintain good order in your vicinage, and enough to admit three millions, it is narrow 'tranquillity in Ireland; it is only by the mi- when compared to the capacity and compre

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universal emancipation and representa'tive legislature-yet we are confident that on the pivot of this principle, a convention, 'still less a society, still less a single man, 'will be able first to move, and then to raise 'the world we therefore wish for Catholic emancipation without any modification, but still we consider this necessary enfranchise

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litary array of men in whom they confide,hension of our beloved principle, which takes whom they have been accustomed to revere in every individual of the Irish nation, casts as the guardians of domestic peace, the pro- an equal eye over the whole island, embraces tectors of their liberties and lives, that the 'all that think, and feels for all that suffer; 'present agitation of the people can be stilled, the Catholic cause is subordinate to our that tumult and licentiousness can be re- cause, and included in it; for, as United pressed, obedience secured to existing law, Irishmen, we adhere to no sect, but to and a calm confidence diffused through the society-to no cause, but Christianity-to 'public mind in the speedy resurrection of a 'no party but the whole people. In the sinfree constitution,' (meaning that the peo-cerity of our souls do we desire Catholic ple of Ireland had not at the time of the publishing aforesaid a free constitution) of liberty and of equality, words which we use for an opportunity of repelling calumny, and of saying, that by liberty we never understood unlimited freedoin, nor by equality 'the levelling of property or the destruction ' of subordination; this is a calumny invented

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emancipation: but were it obtained to-mor 'row, to-morrow would we go on as we do to-day, in the pursuit of that reform, which 'would still be wanting to ratify their liberties as well as our own. For both these purposes it appears necessary that provincial conventions should assemble preparatory to the convention of the Protestant people; the de

in communicating with individuals or even 'bodies of inferior authority, and therefore an assembly of a similar nature and organiza

· by that faction, or that gang, which misre-legates of the Catholic body are not justified presents 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 continuetion is necessary to establish an intercourse the proud arbitrators of the fortune and fate of Ireland; liberty is the exercise of all our ' rights, natural and political, secured to us and our posterity by a real representation of 'the people; and equality is the extension of the constituent to the fullest dimensions of 'the constitution, of the clective 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. If our con'stitution be imperfect, nothing but a reform in representation will rectify its abuses; if it be perfect, nothing but the same reform 'will perpetuate its blessings. 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 would

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remember, that they were once citizens,

of sentiments, 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 will relapse 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, 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 one mass, we may perhaps serve some person or some party for a little, but thể

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was objected to, as holding a place under the crown, but the attorney-general insisting

* "Where the king is partie, one shall not challenge the array for favour, &c. because in respect of allegeance he ought to favour the king more; but if the sheriffe be a vadelect of the crowne, or other meniall servant of the king, there the challenge is good. And likewise the king may challenge the array for favour." Co. Litt. 156, a.

To that part of the above passage which ends with the words" he ought to favour the king more," Mr. Hargrave has annexed the following note:

"Acc. Keilw. 102. a. But lord Hale is of a different opinion; for he expressly allows challenges for favour to prisoners in treason and felony, and consequently so far against the king, 2 Hal. His. Pl. c. 271. Though, too, lord Coke's doctrine should be admitted, the reason he gives for it, which is almost in the words of the case of 22 E. 4, cited in the margin from Fitzherbert's Abridgement, seems rather unsatisfactory; but a better principle to found the rule upon was not unobvious, namely, that from the extensive variety of the king's connexions with his subjects, through tenures and offices, if favour to him was to prevail as an exception to a juror, it might lead to an infinitude of objections, and so operate as a serious obstruction to justice in suits in which he is a party."

"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 admi'nistration to anticipate revolution by welltimed reform, and to save their country in mercy to themselves. 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, and we have addressed you, citizen soldiers, on this subject from the belief, that your body uniting conviction with zeal, and zeal with activity, may have 'much influence over your countrymen, your relations and friends We offer only a general outline to the public, and meaning to address Ireland, presume not at present to fill up the plan or pre-occupy the mode of its execution, we have thought it our duty to 'speak.-Answer us by actions; you have taken time for consideration; fourteen long years are elapsed since the rise of your associations; and in 1782 did you imagine that in 1792 this nation would still remain unrepresented? How many nations in this interval have gotten the start of Ireland? How many of your countrymen have sunk into the grave?'-In contempt of our said lord the king, in open violation of the laws of this kingdom, to the evil and pernicious example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity.-Whereupon the said attorney-general of our said lord the king, who for our said lord the king in this behalf prosecutes, prays the consideration of the court here in the premisses, and that due process of law may be awarded against him the said Archibald Hamilton Rowan in this behalf, to make him answer to our said lord the king touching and concerning the premisses aforesaid. ARTHUR WOLFE.

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And to the words "there the challenge is good," Mr. Hargrave has subjoined the following observations:

"Lord Coke having immediately before expressed that the array shall not be challenged for favour against the king, he must be here understood to consider being a vadelect or other menial servant of the crown, as a principal challenge to the array, for otherwise he would be inconsistent; unless indeed, he is supposed in the first instance to state a general rule, and in the second an exception to it, which, as his words are, would be a strained construction. It is also strong evidence of lord Coke's intending to give this challenge to the array as a principal one, that he elsewhere represents being a servant of either party, where the suit is between subjects, as a principal challenge, both to the array and to the polls. See suprà and also allow this sort of exception to a juror to be post. 157, b. However lord Hale will not for treason or felony, citing for authority more than a challenge to the favour in trials from Fitzherbert's Abridgement, a case in 3 H. 6. which is a decision in point by the whole court; to which may be added the dictum in the year book of 4 H. 7, 3. Also the practice since lord Hale's time, seems to have accorded with his doctrine, there being subsequent instances in print, in which such an exception when taken to the polls has been disallowed, but not one I believe of its being received. The instances of disallowing

upon the illegality of the objection, and observing that it went against all that was honourable and respectable in the land, it was over-ruled by the court. Richard Fox, when called to the book, was interrogated whether he had ever given an opinion upon the subject then to be tried, to which he answered, that he did not know what the subject of the trial was. The same question was put to Thomas Sherrard, who returned a similar answer.

Joshua Dixon, who had been sworn upon the jury, without any objection, here stated, that he had given an opinion upon the subject, upon which Mr. Attorney-general consented that he should be withdrawn, but protested against the right of the defendant's counsel to examine the jurors as they had done. If they had any objection, they ought to make their challenge, and support it by evidence.

The counsel for the defendant answered, that they would not acquiesce in the consent of the attorney-general to withdraw the juror, if their examination was to be objected to; and intimated that the juror ought to be withdrawn upon the desire of the attorney-general, without any consent whatever being entered into.

the exception as a principal challenge, to which I shall refer, are Mr. Hampden's trial in the King's-bench, Hill, 36, Cha. 2, for a misdemeanor, and sir William Parkyns's at the Old Bailey in 1695, for high treason. See State Trials by Howell, vol. IX. p. 1057; and vol. XIII. p. 75. In the former the point was sharply argued, on challenges by Mr. Hampden of two jurors for having offices in the king's forest; and as the counsel for Mr. Hampden relied on lord Coke, and on Rolle's Abridgement of the case of 22 E. 4, here cited by lord Coke in the margin, as the ground of his doctrine, so the court adjudged against the exception as a principal challenge, on the authority of the case of 3 II. 6, cited by lord Hale. In the latter, sir William Parkyns challenges two for being servants of the king; but was informed by lord Holt, that it was no cause of challenge. The first of these instances was a direct adjudication; but, however, it loses part of its weight, in consequence of having occurred in an ill time, whilst lord Jefferies presided in the King'sbench, and of being accompanied with ungracious and unbecoming language from him in respect to both Coke and Rolle. This second was rather an extra-judicial opinion, because the counsel for the crown consented to put by the jurors objected to, on the ground of being king's servants, unless there should be a defect of other jurors, which did not happen. But lord Holt declared against the challenge, in the most absolute and unreserved terms, as if it would not bear arguing."

On this subject see also, Hawk. P. C. ch. 43, sections 32 and 33, cited antè, Vol. IX. p.

1057.

Hereupon the attorney-general desired that the juror might be withdrawn.

general, [the right hon. Arthur Wolfe; afterCounsel for the Crown. Mr. Attorneywards lord chief justice of the court of King's-bench, and viscount Kilwarden]; Mr. Prime-serjeant, [James Fitzgerald]: Mr. Solicitor-general, [John Toler; in 1798, attorneygeneral; in 1800, lord chief justice of the Common Pleas, and lord Norbury]; Mr. Frankland; Mr. Ruxton.

Agent. Mr. Kemmis.

Counsel for the Defendant.-Mr. Curran, [in 1806 master of the rolls]; Mr. Recorder; Mr. Fletcher [afterwards one of the justices of the court of Common Pleas.]* Agent.-Mr. Dowling.

[Mr. Ruxton opened the pleadings.] Mr. Attorney General -My Lord and Gentlemen of the Jury; In this case, between the King and Archibald Hamilton Rowan, Esq. it is my duty to prosecute on behalf of the crown. The traverser in this case, gentle men, stands accused upon an information filed ex officio, by the king's attorney-general, for publishing a seditious libel. It is my duty to lay the facts of this case before youit will be the duty of another of his majesty's servants to observe upon the evidence. I shall state the nature of the charge and the questions you are to try: I will then state such circumstances as are necessary to be taken into your consideration, for the purpose of understanding and expounding that paper which the information charges to be a malicious and seditious libel.

The information charges, that Archibald Hamilton Rowan, maliciously designing and intending to excite and diffuse amongst the subjects of this realm discontents, disaffection, and disloyalty to the king and government, and to raise very dangerous seditious and tumults, and to draw the government into scandal, infamy, and disgrace, and to incite the subjects to attempt, by force and with arms, to make alterations in the government, and to excite the subjects to anarchy, to overturn the constitution and overawe the legis lature of the kingdom, did publish the libel set forth in the information. In this case, therefore, it will be for you, gentlemen, upon the evidence which shall be laid before you, to determine whether the traverser has been the publisher of that paper or not. I shall, in the course of what I am to offer to the court and to you, read the very libel itself, and make such observations as occur to me to be proper in the present state of the business. Previous, however, to my doing so, I will take the liberty, gentlemen, of stating to

*Mr. Emmet and some other gentlemen, who had been originally concerned in this cause, as counsel for the defendant, feeling a personal interest, declined any longer acting in that capacity. Orig. Ed.

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