‘ VOL. iv. No. 25. J! ~ _ NEW YORK, SATURDAY, MAY 18, 1861.‘ THE. PH(E.N IX. Patch 4 CENTS. CONTENTS EDITORIAL.—-The Rewards of the Irish-—The Sea Death-— Distress and Poverty in America—What about Ireland? —No Voice raised against the Extermination of the Irish Peopie——The Men who are expected to Fight- Wideawakes to the Rescue. ANSWERS T0 CoaR1«:s1>oxnENrs.——"G”—Fermoy, Westford. LrrEnAnv.—Establishment and Growth of the United Irishmen (Henry and John Sheares continued)——T. B. McManus (an original poem by Soggarth Aroon), &.c. ° PH(E.\'IX Connnsronnsxcs-Letters from J as. W. Smyth, of Black:tone'Mass., J. M. (§.,,Cana_da, and E. J. O’D., a member of the 69th. MIscELLANEoUs.——Letter from John Mitchel——Evictions in Ireland, Clearing out the People—The Derryveigh E- victions—-The Irish Exodus—Shocking Murder in Es- sex—The Daily Times on Slavery and Popery——The The Indian Famine Fund—'l‘he Irish National Petition Movement——Topography of the Field of Operations in Virginia— French communication with the East- Prize Fight near New Orleans—Origin of the “ Grey Mare the better Horse—Ancient Kings of Connaught (O’ConnorDon continued)-—-Latest Irish and other Eu- ropean News &c., Jtc. PROSPECTUS WEEKLY mitt? JOURNAL, “THE PHCENIX.” Oflice, 6 Centre street, New York. The proprietors of this enterprise desire to be as brief and explicit as possible, in stating the principles on, and the}..bject's for, which it is undertaken. ;_.;§?“ The PH(EN1x will be entirely different from all ot 1.; Irish Journals. It will occupy a position of com- pl * .- independence. It will announce its own doctrines, an 1 enforce its own opinions, independent of preconceived views, interests and prejudices, to none of which it will er. r cater. The name Pun-zurx suggests the principles and objects of the Journal that assumes it ; being emblematic of a re- surrec-ti on and a new existence. Its efforts will_be main- ly, if not exclusively, devoted to inculcate the belief, and elevate it into a conviction, that it is the paramount duty of Irishmen : First.——To disconnect themselves from all English asso- ciations. Secondly.——To abstain from any participation in the farce of electing members to the English Parliament. Thirdly.—To enter into an extensive, sincere and brotherly combination among themselves. Fourthly.—To base that combination on a stern resolu- tion ; to use all honorable means, and seize on every feasi- ble opportunity to extirpate, root and branch, from Ire- land, the ‘English garrison, English government, English laws, English land tenure, and all the adjuncts of English usurpation; to restore the soil of the Island to the Irish people ; and for this end make immediate and continuous preparation; and regard all legitimate weapons as fair, all aid acceptable, and every chance a ‘pre-ordained op- portunity. In this will consist the first, last and chief object, duty, aim and ambition of the PH(ENIX. With the partizanship of American politics it will not in- terfbre. From American factions and cliques, it will keep entirely aloof. It will not hesitate, however, to advocate the principles of genuine Republicanism here as well as at home; and it will be prompt and proud to uphold all good, generous and honorable men, who are true friends to hu- man freedom, without reference to their political con- nection in America. It will especially sustain and..,en- courage those whose sympathies are in favor of the liber- tion of Ireland, and expose and oppose the enemies and maligners of the Irish name and race wherever they pre- sent themselves. . With what ability THE Pugrzxrx will be conducted; with what interest its literature will be invested; and with what wisdom its policy will be conceived and vigor en- forced ; how far, and in what-respects it will excel other Journals, and commend itself to the educated, high-minded and brave, this is not the place to say. Of its merits or demerits let performances and not promises be the test. , The policy which the PH(El\'1x will inculcate, and the principle of action it will recommend, Wlll be under the sole direction and control of JOHN ()’MAHON Y. MR. JAMES ROCHE, late of the Irish News, will be the Acting Editor, and to him all communications on literary subjects must be addressed. New Yoxx, June 4. 1859- The Indian Herb Doctor, F. Tumblety, M. D., from Canada, "will describe diseases and tell his patients the nature of their complaints or illness, without receiving any information from them. §" No charge for consultation or advice. - Ofiice, 499 Broadway, Within half a minute’s walk of the St Nicholas Hotel. oun MOTTO. ‘Ne use such balms as have no strife With nature or the laws of life ; With blood our hands we never stain, Nor poison men to ease their pain. Our F-athei;—whom all goodness fills-— Provides the means to cure all ills ; The simple herbs beneath our feet, Well used, relieve our pains complete. A simple herb, a simple flower, Culled from the dewy lea— These, these shall speak with touching power Of change and health to thee. my18 lt F. TUMBLETY, M. D. The Tory leaders of bbth Houses of the English Parlia- ment assembled at Lord Derby’s, and have resolved upon a pitched battle and aregular party division ere long. ESTABLISHMENT AND GROVVTH OF THE “UNITED IRISHMEN.” Henry and John Sheares. Hnfound Henry in the library where he in- formed him of the nature of his business, and told him he should search his papers. The pri- soner replied. “ Ife might do so,_for he had no pa.- per in his study or house that could inju7‘e him in any manner or shape.” A paper was found how- ever in J ohn’s desk, which, by aperversion of law and justice and truth, proved fatal to Henry, whonever read it in his life. Another party under Major Sirr, proceeded a few hours after- wards to arrest Lawless. They had been search- ing in his house for some time, when John Sheares rapped, was admitted, and found himself in the ghastly presence of the Major. He betrayed no emotion whatsoever, and being asked for his pa- pers, he handed one to his captor, which of itself would be fatal to him. It was a list of the effec- tive force in Dublin, 8,100 men. - The prisoner walked with his guard quietly to the Castle, being the captive of the atrocious habitue of that accursed keep. But the lust of Armstrong to gloat over his victim was not yet satisfied. He paid a visit of condolence to John Sheares in the Castle guard room. Even there th -, slightest suspicion of his ’visitor’s treachery did not flash upon him. He conversed with him calmly and confidentially. He still spoke confidently and with the most per- fect indifi'eren_ce as to the danger that was looming upon him. He asked was his brother arrested, and the villain answered ‘he “did not know.” This was his last turpitude, in that line. He took his leave, again to confront the object of his solicitude, inthe dock. It may be indeed, that Armstrong dreaded this last encoun- ter, and that his frequent visits were tests of his _capacity to endure the look of his predestined victims. If this were his object, he succeeded to a miracle. The Sheares were arraigned and Curran and Ponsonby were assigned as their coun- sel. A motion was made for a postponement of the trial, on the ground of the shortness of the time for preparation and the absence of witness- es necessary for their defence. Arthur Wolfe, afterwards Lord Kilwarden, was then Attorney General. He was a man of the highest probity and clemency. It was his duty to resist this motion, and he did so ; but with a calmness and dignity becoming his position and character, and he check-ed the turbulent vehemence, with which Toler, his associate, pressed on the trial. It would have been as well for the prisoners, it may have been better, that the trial proceeded then. But the clemency of the court granted a short delay, and the trial was postponed till the 12th of July, (six days). On that day another attempt was made to obtain still further delay, on the ground of the absence of necessary witnesses. But changes, fatal to the brothers, meantime, took place. Wolfe was raised to the bench, to make room for his sanguinary successor, who, on this, his first trial, more than realized the malignant wishes of his employers. He urged on the trial with the bitterness and tenacity of very death. The counsel for the defence were equally ener- getic and infinitely more able. They exhausted every argument which the justice and legality of their cause suggested, or exalted genius could ‘command. But their efforts were vain-their supreme ability wasted for no purpose. The evil genius of the time presided on the bench, and blunted every faculty there, that might have been touched by reason, justice, humanity or mercy. The spirit of the hour lurked under the ermine and goaded on the hard hearts beneath it in the career of blood. ‘ The motion for post- ponement was denied. The trial was immedi- ately proceeded with. The whole day was con- sumed, and the evidence was not closed till mid- night and, at that hour, in the midst of ghastliness and gloom, Toler demanded, in the name of justice, that the trial should be proceeded with. Pale and jaded, indeed haggard, the counsel, the court and the audience, started, as if electrified by the shamelessness of the demand, and then sprung -up that terrible intellectual encounter between the counsel at both sides-—the proscc11- tors, spurred to exertion by malevolence and vengeance, and the defenders fired by pride and wrong—-which has no equal in the annals of jurisprudence. Curran was not so elaborate or ornate as on other occasions, but never else- where did gthe passion wherein the germs of eloquence take birth, gush in such profusion from his lips. His Words seemed the spirit, not the language of oratory—-—for oratory like poetry cannot be defined. It submits to no rules and can be fashioned upon no plan. Imagery, pro- portion, delicacy of sentiment, beauty of expres- sion, dignity of tone, exactness of deductions, are all outward habiliments of its untold, im- measurable, unfathomable existence. We hear an orator as we gaze on the universe. We see the stars and the blue interminable ethe_r, the sun in his fiery fulness, the earth, the sea, the fru- ition of nature ; but what conception have we of the mighty system, of that which gives it life, and power, - and proportion, and beauty, and glory, and harmony? - Just as little conception have We of the essence of oratory, of the secret springs of action, that set the faculties of the orator in motion, and create, in the laboratory of his own conception, these bolts of fire, whereby he demolishes prejudice, obstinacy, and Imbelief. But, at that solemn; midnight hour, in that dimly-lighted court, where some were lashed by fury, some softened by pity, some inspired by heroism and virtue. the veil seemed partially lifted from the shrine, and the inner light of eloquence, “ the Holy of Holies”--if the expres- sion be permissible in this regard——became almost. visible to the eye. Thus Curran began the terrible task imposed on him:——‘ “ It seems,” said Mr. Curran, “ that ‘ much has been conceded’ to us. God help us! I do not know what has been ‘conceded’ to me, if one of so little importance may have cxtorted the remark. Perhaps, it is a ‘ concession’ that I am permitted to rise in such a state of mind and body, of collapse and deprivation of energy, as to feel but a small spark of indignation raised by the remark that ‘ much has been conceded’ to the counsel for the pri- 7oners— ‘ much has been conceded’ to the prisoners! Almighty and merciful God, who lookest down upon us, what times are these to which we are reserved! when we E are told that ‘ much has been conceded’ to men who are put upon their trial ata moment like this--of more dark- ness and night of the human intellect, than a darkness of the natural period of twenty-four hours ; that public convenience cannot afford the brief respite of a few hours, to those who are accused of offences touching their lives, and that ‘ much has been conceded’ to the advocate, whose strength is exhausted in the mere observation he has endeavored to make upon it! My countrymen, I do pray you, by the awful duty which you owe your country ——by that sacred one you owe your characters (and I to have mercy on my client--to save him, not from guilt, know you feel it)—-I do attestyou by the Almighty God, but from the baseness of his accusers, and the pressure of the treatment under which'I am sinking! With what spirit did you leave your homes this day ? In what state of mind and heart did you come here from your families? With what sentiment did you leave your children, to perform an act of great public moment—to pledge your- selves at the throne of eternal justice, by the awful and solemn obligations of an oath, to do perfect, cool, impar- tial, and steady justice, between the accuser and the ac- cused.” The trial proceeded. It does not come within the scope of this narrative _to detail minutely the dread formali- ties with which these juggles are attended in Ireland. The feature most abhorrent, nay blasphemous, of the disgusting proceeding, is the sanctimonious air and tone with which the oath, “you shall a true verdict give, and true deliverance make,” is administered, while it is known to the administrant, and the juror, and the court, that the verdict is predetermined, and, further known, that such juror would never be allowed to enter the box if his prejudices were not understood to be stronger than the obli- gations of an oath. He is, in fact, selected on account of his known disregard of such obliga-- tions, and prized in proportion to the reckless- ness of such disregard. The trial proceeded. ‘Armstrong was the principal witness. produced his memoranda, in which he had writ- ten down the evidence needful to secure a con- viction. He swore he made hese memoranda immediately after his, interviews. with. the Shea:-es. He swore that, immediately after these interviews, he had consultations with Lord Castlereagh and others. His testimony was clear, exact and consecutive. He was cool, callous, and without any touch of emotion. He went through the details of his own infamy without a twitch or a blush. He underwent his cross-examination with the same coolness and callousness. He answered the. questions, the object of which was to bring more fully into View his perfidy, with indifference. His evidence would, of itself, be" sufficient against John Sheares. But if it stood alone, as to Henry, it must fail even with a jury selected as described. The document found in a desk, used alike by both brothers, was given in evidence against He- Henry exclusively. There was no evidence that it was his handwriting. On the contrary, it was proved to be in the handwriting of John. Alderman Alexander’s testimony was precise’ and impartial on this point. ‘From that testi- mony the conclusion was inevitable that Henry Sheares was actually unconscious of the exist- ence ofthe paper. Yet it was the only evidence against him, and upon it alone did Toler rest all his reliance. In utter defiance of fact, and law, and reason, to say nothing ofjnstice, which had long since fled from those scenes of atrocity, he spoke of it as being found “on him, and in his possession." It is to be presumed that the priso- ner’s counsel exposed before the jury the fallacy, the falsehood of the assumption, if they antici- pated that he would press it as he did. But he had the last word, and he» contrived to repeat the lie, in every form7'possible, at a time when the mouths of the priso'ner’s counsel were closed. The defence consisted mainly of an impeach- ment of Armstrong’s veracity and character. It was proved by men high in station, and stain- less in reputation, that he was a profiigateand an unbelievqr, that he scoffed at religion, and despised the ’t.ru-th, that he had not the least sense of honor. and was dead alike to decency and shame. Till. near relations, his neighbors ,. his brother oif.ce.rs, Iris associates, concurred in this testimony. Most of the witnesses were volunteers, nr._—r. one of them could be men sus- pected of the least bias in favor of the prisoners. Yet (why lin-ge; on this scene of horror?) on the testimony of ju.‘.=in so blasted, both prisoners were found giz?-S Uwo nu CONTINEJED. Relief Ir‘-*nd—_69th Regiment. THE following, ; .*=s.r».- have paid the sums set opposite their respectivd"fiaD?C* tr.-,.*"fti<:‘u:f.‘,r.‘,"_*"t O‘Gorman, treasurer of the fund in aid of the 69th Regiment, N. Y. S. M., up to 11th May, 186}: — - Js.J. Stuart & Cw. $100 J Sherman|Brownell, . $10 A friend of the‘-;*—su.. ‘:00 James R Steers . . 2 P J Kiernan . . . . . . . . . 10 James Steers . . . , , ,, , Morgan.Bro. & Co. . .. 20_0 Henry R Cummings . . 30 .5 _ cc 6. _ U James B Nicholson. .. 50 Geo C Genet . . . . . . . . John Quackenbush. . . John Purcell . . . . . . . . . James H Welsh. . . . ... George G Barnard , , , , "5 Owen WBrennan .... III E: Jno Anderson & Co. . . 25' Charles M Connolly... Richard B Connolly . . 50 Bryan Laurence. . . . . . 50 Felix E O'Rourke . . . . 25 Irish Emigrant Society 250 Dr John O’Reill'y .. . . 100 Robert Emmet. . . . . , , 50‘ _ S P Russell. . . . . . . . . . 25 Cash . . . . . . . . . . . . . . L . 10 Richard Busteed . . . . . 25 Judge Moncrief . . . . . . 25 N J Waterbury . . . . . . 25 P O’Rourke . . . . . . . . . 20 Michael Merry . . . . . . . 5 B Carberry , , , _ _ , , _ , _ 20 John E Develin. . . . . . 50 —— Skehan .‘ . . . . . , _ , , , 20 Philip Lydeck . . . . . . . 5 J C Sanders’.-. . , , _ _ , , _ 5 Charles Bell . .. .. . ... 50 %_ Matthew F Brennan .. 25 $1,613,000 CHARLES R. DALY, Chairman, WM. J . KANE, Secretary. 13 Chambers st. RICHARD 07GoRMAN, Treasurer. May 11, 1861. 122 BoWe,.y_ Subscriptions may be sent to the above named officers,‘ or the following committee : Daniel Devlin, corner Warren st. and Broadway ; J ohn O'Brien, 29 Wall street; James B Nicholson. 1‘Bond st. ; ‘John Clancy, County Clerk's Office, City Hall; Felix E, O’Rourke, 72 VVos-t 14th street ; John Hennessy, 9 Lis- penard street ; James B Kirker, 599 Broadway; John J, Bradley, 61 Unio? place; Edward Hart, 144 Pearl street; James Bagley, 3?. Pike street. ‘ The Committee meet on Mondays, Wednesdays and Fridays, at Captain Kirker’s, §No. 599.Broadway, at 5 o’clock, P. LL, to consider applications for relief, &c. Orrroa or run Excrsu COMMISSIONERS, No. 15 Centre street. To the . Inn, Tavern and Hotel Keepers and Liquor: DEALERS of this City.—The Board of Excise will open the Commission on the 21st of May, 1861, at 3 o’clock in the afternoon, in the Common Pleas Court Room, Part No 1, for the purpose of granting’ Licenses for the ensuing excise year, and will close the same after a session of fifty dtys. -The blank petitions and bonds can be had at the oflices of the undersigned. WM. J. HASKE'l‘T, President, No l5_Centre st. ROB1‘. D. HOLMES, Counsel to the Board. ' No 20 Duane street. B.——Notice is hereby given that the penalties pre- scribed by the law will be rigidly enforced. Publishers will insert the above advertisement to and including May 21. ‘ » myls 2'; A luke warm “ di