"My lords—I have no imputation to cast upon the bench, neither have I anything to charge the jury with, of unfairness towards me. I think the judges desired to do their duty honestly as upright judges and men; and that the twelve men who were put into the box, as I believe, not to try, but to convict me, voted honestly, according to their prejudices. I have no personal enmity against the sheriff, sub-sheriff, or any of the gentlemen connected with the arrangement of the jury-panel—nor against the Attorney-General, nor any other person engaged in the proceedings called my trial; but, my lords, I consider that I have not been yet tried. There have been certain formalities carried on here for three days regarding me, ending in a verdict of guilty: but I have not been put upon my country, as the constitution said to exist in Ireland requires. Twelve of my countrymen, 'indifferently chosen,' have not been put into that jury-box to try me, but twelve men who, I believe, have been selected by the parties who represent the crown, for the purpose of convicting and not of trying me. I believe they were put into that box because the parties conducting the prosecution knew their political sentiments were hostile to mine, and because the matter at issue here is a political question—a matter of opinion, and not a matter of fact. I have nothing more to say as to the trial, except to repeat that, having watched the conduct of the judges, I consider them upright and honest men. I have this to add, that as to the charge I make with respect to the constitution of the panel and the selection of the jury, I have no legal evidence of the truth of my statement, but there is no one who has a moral doubt of it. Every person knows that what I have stated is the fact; and I would represent to the judges, most respectfully, that they, as upright and honourable men and judges, and as citizens, ought to see that the administration of justice in this country is above suspicion. I have nothing more to say with regard to the trial; but I would be thankful to the court for permission to say a few words in vindication of my character and motives after sentence is passed."
Baron Pennefather—"No; we will not hear anything from you after sentence."
Chief Baron—"We cannot hear anything from you after sentence has been pronounced."
Mr. Martin—"Then, my lords, permit me to say that, admitting the narrow and confined constitutional doctrines which I have heard preached in this court to be right, I am not guilty of the charge according to this act. I did not intend to devise or levy war against the Queen or to depose the Queen. In the article of mine on which the jury framed their verdict of guilty, which was written in prison, and published in the last number of my paper, what I desired to do was this—to advise and encourage my countrymen to keep their arms, because that is their inalienable right, which no act of parliament, no proclamation, can take away from them. It is, I repeat, their inalienable right. I advised them to keep their arms; and further, I advised them to use their arms in their own defence, against all assailants—even assailants that might come to attack them, unconstitutionally and improperly using the Queen's name as their sanction. My object in all my proceedings has been simply to assist in establishing the national independence of Ireland, for the benefit of all the people of Ireland—noblemen, clergymen, judges, professional men—in fact, all Irishmen. I have sought that object: first, because I thought it was our right—because I think national independence is the right of the people of this country; and secondly, I admit that, being a man who loved retirement, I never would have engaged in politics did I not think it was necessary to do all in my power to make an end of the horrible scenes that this country presents—the pauperism, starvation, and crime, and vice, and hatred of all classes against each other. I thought there should be an end to that horrible system, which, while it lasted, gave me no peace of mind; for I could not enjoy anything in my native country so long as I saw my countrymen forced to be vicious—forced to hate each other—and degraded to the level of paupers and brutes. That is the reason I engaged in politics. I acknowledge, as the Solicitor-General has said, that I was but a weak assailant of the English power. I am not a good writer, and I am no orator. I had only two weeks' experience in conducting a newspaper until I was put into jail; but I am satisfied to direct the attention of my countrymen to everything I have written and said, and to rest my character on a fair and candid examination of what I have put forward as my opinions. I shall say nothing in vindication of my motives but this—that every fair and honest man, no matter how prejudiced he may be, if he calmly considers what I have written and said, will be satisfied that my motives were pure and honourable. I have nothing more to say."
Then the judge proceeded to pass sentence. In the course of his remarks he referred to the recommendation to mercy which came from the jury, whereupon Mr. Martin broke in. "I beg your lordship's pardon," he said, "I cannot condescend to accept 'mercy,' where I believe I have been morally right; I want justice—not mercy." But he looked for it in vain.
"Transportation for ten years beyond the seas" is spoken by the lips of the judge, and the burlesque of justice is at an end. Mr. Martin heard the sentence with perfect composure and self-possession, though the faces of his brothers and friends standing by, showe signs of the deepest emotion. "Remove the prisoner," were the next words uttered, and then John Martin, the pure-minded, the high-souled, and the good, was borne off to the convict's cell in Newgate.
Amongst the friends who clustered round the dock in which the patriot leader stood, and watched the progress of his trial with beating hearts, was Mr. James Martin, one of the prisoner's brothers. During the three long weary days occupied by the trial, his post had been by his brother's side listening to the proceedings with the anxiety and solicitude which a brother alone can feel, and revealing by every line of his countenance the absorbing interest with which he regarded the issue. The verdict of the jury fell upon him with the bewildering shock of an avalanche. He was stunned, stupified, amazed; he could hardly believe that he had heard the fatal words aright, and that "guilty" had been the verdict returned. He guilty! he whose life was studded by good deeds as stars stud the wintry sky; he guilty, whose kindly heart had always a throb for the suffering and the unfortunate, whose hand was ever extended to shield the oppressed, to succour the friendless, and to shelter the homeless and the needy; he "inspired by the devil," whose career had been devoted to an attempt to redress the sufferings of his fellow-countrymen, and whose sole object in life seemed to be to abridge the sufferings of the Irish people, to plant the doctrines of peace and good-will in every heart, and to make Ireland the home of harmony and concord, by rendering her prosperous and free. It was a lie, a calumny, a brutal fabrication! It was more than his sense of justice could endure, it was more than his hot Northern blood could tolerate. Beckoning a friend, he rushed with him into the street, and drove direct to the residence of Mr. Waterhouse, the foreman of the jury. The latter had barely returned from court, when he was waited upon by Mr. Martin, who indignantly charged him with having bullied the jury into recording a verdict of guilty—an accusation which current report made against him—and challenged the astonished juryman to mortal combat. Mr. Waterhouse was horror-struck by the proposal, to which he gasped out in response, a threat to call in the police. He never heard of anything so terribly audacious. He, a loyal Castle tradesman, who had "well and truly" tried the case according to the recognised acceptance of the words, and who had "true deliverance made" after the fashion in favour with the crown; he whose "perspicuity, wisdom, impartiality," &c., had been appealed to and belauded so often by the Attorney-General, to be challenged to a hostile meeting, which might end, by leaving a bullet lodged in his invaluable body. The bare idea of it fairly took his breath away, and with the terrible vision of pistols and bloodshed before his mind, he rushed to the police office and had his indignant visitor arrested. On entering the Green-street courthouse next day, Mr. Waterhouse told his woeful story to the judge. The judge was appalled by the disclosure; Mr. Martin was brought before him and sentenced to a month's imprisonment, besides being bound over to keep the peace towards Mr. Waterhouse and everyone else for a period of seven years.
A short time after Mr. John Martin's conviction, he and Kevin Izod O'Doherty were shipped off to Van Diemen's Land on board the "Elphinstone," where they arrived in the month of November, 1849. O'Brien, Meagher, MacManus, and O'Donoghue had arrived at the same destination a few days before. Mr. Martin resided in the district assigned to him until the year 1854, when a pardon, on the condition of their not returning to Ireland or Great Britain was granted to himself, O'Brien, and O'Doherty, the only political prisoners in the country at that time—MacManus, Meagher, O'Donoghue, and Mitchel having previously escaped. Mr. O'Brien and Mr. Martin sailed together in the "Norna" from Melbourne for Ceylon, at which port they parted, Mr. O'Brien turning northward to Madras, while Mr. Martin came on via Aden, Cairo, Alexandria, Malta, and Marseilles to Paris, where he arrived about the end of October, 1854. In June, 1856, the government made the pardon of Messrs. Martin, O'Brien, and O'Doherty, unconditional, and Mr. Martin then hastened to pay a visit to his family from whom he had been separated during eight years. After a stay of a few months he went back to Paris, intending to reside abroad during the remainder of his life, because he could not voluntarily live under English rule in Ireland. But the death of a near and dear member of his family, in October, 1858, imposed on him duties which he could only discharge by residence in his own home, and compelled him to terminate his exile. Living since then in his own land he has taken care to renew and continue his protest against the domination of England in Ireland. In January, 1864, acting on the suggestion of many well-known nationalists, he established in Dublin a Repeal Association called "The National League." The peculiar condition of Irish politics at the time was unfavourable to any large extension of the society; but notwithstanding this circumstance the League by its meetings and its publications rendered good service to the cause of Irish freedom. Mr. Martin has seen many who once were loud and earnest in their professions of patriotism lose heart and grow cold in the service of their country, but he does not weary of the good work. Patiently and zealously he still continues to labour in the national cause; his mission is not ended yet; and with a constancy which lapse of years and change of scene have not affected, he still clings to the hope of Ireland's regeneration, and with voice and pen supports the principles of patriotism for which he suffered. The debt that Ireland owes to him will not easily be acquitted, and if the bulk of his co-religionists are no longer to be found within the national camp, we can almost forgive them their shortcomings, when we remember that, within our own generation, the Presbyterians of Ulster have given to Ireland two such men as John Martin and John Mitchel.
Mr. Martin's name will re-appear farther on in another portion of this work, for the occasion of which we have here treated was not the only one on which his patriotic words and actions brought upon him the attention of "the authorities," and subjected him to the troubles of a state prosecution.