Speeches from the Dock; Or, Protests of Irish Patriotism. Part I: Speeches delivered after conviction by Theobald Wolfe Tone, William Orr, the brothers Sheares, Robert Emmet, John Martin, William Smith O'Brien, Thomas Francis Meagher, Terence Bellew McManus, John Mitchel, Thomas C. Luby, John O'Leary, Charles J. Kickham, Colonel Thomas F. Burke, and Captain Mackay
History
Speeches from the Dock; Or, Protests of Irish Patriotism. Part I: Speeches delivered after conviction by Theobald Wolfe Tone, William Orr, the brothers Sheares, Robert Emmet, John Martin, William Smith O'Brien, Thomas Francis Meagher, Terence Bellew McManus, John Mitchel, Thomas C. Luby, John O'Leary, Charles J. Kickham, Colonel Thomas F. Burke, and Captain Mackay
Ireland -- Biography; Ireland -- Politics and government -- 19th century; Ireland -- Politics and government -- 20th century
"My lords--There are many reasons I could offer why sentence should
not--could not--be pronounced upon me according to law, if seven
months of absolute solitary imprisonment, and the almost total disuse
of speech during that period, had left me energy enough, or even
language sufficient to address the court. But yielding obedience to a
suggestion coming from a quarter which I am bound to respect, as well
indeed as in accordance with my own feelings, I avoid everything like
speech-making for outside effect. Besides, the learned counsel who so
ably represented me in the Court of Appeal, and the eminent judges
who in that court gave judgment for me, have exhausted all that could
be said on the law of the case. Of their arguments and opinions your
lordships have judicial knowledge. I need not say that both in
interest as in conviction I am in agreement with the constitutional
principles laid down by the minority of the judges in that court, and
I have sufficient respect for the dignity of the court--sufficient
regard to what is due to myself--to concede fully and frankly to the
majority a conscientious view of a novel and, it may be, a difficult
question.
"But I do not ask too much in asking that before your lordships
proceed to pass any sentence you will consider the manner in which
the court was divided on that question--to bear in mind that the
minority declaring against the legality and the validity of the
conviction was composed of some of the ablest and most experienced
judges of the Irish bench or any bench--to bear in mind that one of
these learned judges who had presided at the Commission Court was one
of the most emphatic in the Court of Criminal Appeal in declaring
against my liability to be tried; and moreover--and he ought to
know--that there was not a particle of evidence to sustain the cause
set up at the last moment, and relied upon by the crown, that I was
an 'accessory before the fact' to that famous Dublin overt act, for
which, as an afterthought of the crown, I was in fact tried. And I
ask you further to bear in mind that the affirmance of the conviction
was not had on fixed principles of law--for the question was
unprecedented--but on a speculative view of a suppositious case, and
I must say a strained application of an already over-strained and
dangerous doctrine--the doctrine of constructive criminality--the
doctrine of making a man at a distance of three thousand miles or
more, legally responsible for the words and acts of others whom he
had never seen, and of whom he had never heard, under the fiction, or
the 'supposition,' that he was a co-conspirator. The word
'supposition' is not mine, my lords; it is the word put forward
descriptive of the point by the learned judges presiding at my trial;
for I find in the case prepared by these judges for the Court of
Public-domain text, read in full here on John Shaqi.
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