John Mitchel - Treason Felony Act 1848

Treason Felony Act 1848

"To suppress plain-speaking in the press and at public meetings, the Government proposed a new and stringent law, by which what was only sedition, punishable by a brief imprisonment, became treason-felony, punishable by transportation for life." This is how Charles Gavan Duffy described the new law. To justify his proposal for a fundamental alteration in the right of free meeting and free publication of opinion, the Home Secretary read only extracts from two or three articles and speeches, but the House found them sufficient. On its third reading, on the 18 April 1848, Prime Minister Lord John Russell said "as long as he had any breath in him he would oppose the Repeal of the Legislative Union", which clearly shows the motivation behind the new act. Mitchel said in a published letter to Russell:

(For the full text of the letter see here.)

"The Crown and Government... are, it seems, in danger, and want 'further security'. Security against her own beloved, highly-favoured, too-indulgently used, but ungrateful subjects! ... what is strangest than all, it seems to be from the Irish that you fear this danger most; the people whom you have been nourishing, cherishing and spoon-feeding, by means of so many kind and well-paid British nurses, for two years—on whom you have lavished so many tons of printed paper, so many millions of cooked rations—these are the people who plot 'treason,' and eagerly flock to hear 'open and advised speaking,' eagerly devour 'published, printed, and written' language all urging them to arm for the overthrow of British rule in Ireland!"

On 13 May, while having dinner with his family, Mitchel was served a warrant for his arrest on two charges of "felony" under the new Act. He was accompanied to the Police office by his brother William and Thomas Devin Reilly. The chief Police Magistrate Mr Porter handed Mitchel a warrant for his committal, which affirmed that "John Mitchel... did wilfully and feloniously compass, imagine, invent, devise, and intend to deprive and depose our most Gracious Lady the Queen, from the style, honour, and royal name of the imperial crown of the United Kingdom, and levy war against her Majesty, in order, by force and constraint, to compel her to change her measures and counsels; and such compassings, imaginations, inventions, devices, and intentions, did... express, utter and declare, by publishing certain printings in a certain news paper called The United Irishman."