It occurred to his counsel that the jurisdiction of martial law could not extend to him, as it only operated on land, and he had been taken at sea. An application was therefore made to the Common Pleas to have him brought up by habeas corpus, in order (the point being ascertained) to be regularly tried before the competent tribunal—the Court of Admiralty. The habeas corpus being granted, was served on General Craig, who then commanded in Dublin; but who, considering (as all the generals then did) that the municipal judges were no more than corporals or quarter-masters with respect to his Majesty’s forces, refused to obey it, and was attacked for his disobedience; an order was immediately made for the general, the provost-marshal, brigade-major, and some others, to be taken into custody by the officers of the court of Common Pleas forthwith.
To me (as judge of the Admiralty) this appeal was most distressing. Had Tone the least chance of escape in any court, or upon any trial, it might have been otherwise; but he could not be defended; and to have him brought before me only to witness his conviction, and to pronounce his sentence, shocked me extremely. His friends thought this course might prolong his fate a considerable time, and it was supposed that something might intermediately occur calculated to effect a commutation of the capital punishment. I knew better! I was convinced that his execution was determined on: it was unavoidable, and I felt great uneasiness.
The court having, as I have said, ordered General Craig and Major Sandys (provost-marshal) to be arrested for disobedience, both these gentlemen, after some hesitation, submitted to the arrest, and the pursuivant was then directed to bring up the body of Theobald Wolf Tone, on the writ of habeas corpus.—The judges sat patiently awaiting the officer’s return; and the decision being of great importance, the court was crowded to suffocation.
A considerable time elapsed, and still the pursuivant returned not. At length he appeared, with horror in his looks, and scarcely able to speak. He informed the court that Mr. Tone, feeling certain of execution by order of the military, and being ignorant of the motion which his friends thought might give him some chance for his life, had cut his throat from ear to ear, and, he believed, was dying! A surgeon now attended, who reported that the prisoner had certainly cut his throat, but that recovery was possible: the incision was long and deep, but had missed the artery, and he still lived. Of course the trial was postponed; every friend he had (and I think he had many amongst the bar) rejoicing that poor Tone had escaped a public execution. He lingered awhile:—and will it be believed, that when the wound had been connected, and whilst life still seemed to be precarious, owing to the extreme inflammation,—I say, will it be believed that there existed cruelty sufficient in the breast of any human creature to advise his execution—though it would have been impossible to put the sentence in force without inserting the rope within the wound, and nearly tearing away the unfortunate gentleman’s head from his body?—Yet such advice was positively given, for “the sake of example;”—and rejected, I am happy to say, with horror! I will spare the man who gave it the ignominy which would thence attach to his name were it mentioned.
DUBLIN ELECTION.
My contest for Dublin city—Supported by Grattan, Ponsonby, Plunkett, and Curran—Singularity of a canvass for Dublin—The election—Curious incidents—Grattan’s famous philippic, never before published—Memoirs of Mr. John Giffard, called the “dog in office”—Horish the chimney-sweeper’s bon-mot.
In 1803, I had become particularly popular in Dublin. I was not at enmity with any sect or party. The losses and deprivations which the citizens of Dublin were suffering in consequence of the Union, brought to their recollection the fact of my having been one of its most zealous opponents. They knew that I had entertained professional ambition; and they also knew that, in order to oppose that measure, and support the independence of the nation as well as my own, I had with open eyes sacrificed all the objects of my ambition;—that I had refused the most gratifying proposals; and, in maintenance of principle, had set my face decidedly against the measures of that government which I had on other occasions supported, and which alone possessed the power to advance me. They knew that I had braved the animosity of Chancellor Clare, whom few had ever ventured to oppose so decidedly as myself; and that I had utterly renounced Lord Castlereagh, by whom all means were employed to attach me. In fact, the citizens of Dublin recollected that I had abandoned every prospect in life to uphold their interest;[[50]] and consequently many persons on both sides of politics had proposed to me to become a candidate for the representation of the metropolis in Parliament. Some entire corporations voted me their freedom and support; and a great number of the freeholders tendered me their aid. Having, in addition, an extensive personal interest of my own, I at length determined to stand the contest.
[50]. This observation is fully verified. I anticipated the consequences of an imperium in imperio, which the Union inevitably produced; and which always evades the claims and advancement of bold, independent men, preferring those who have more pliability, discretion, and tact, for the management of second-hand rulers and authorities.