Transcript of proceedings, Commission of Oyer and Terminer, Clonmel, County Tipperary. 9th November 1848. Published by order of the Crown.
THE LORD CHIEF JUSTICE: Thomas Francis Meagher, you have been found guilty by a jury of your peers of the crime of high treason against the Crown and person of Her Most Gracious Majesty Queen Victoria. The law prescribes for this offence the penalty of death. It is my duty to pronounce that sentence upon you.
Before I do so, I offer you the opportunity the court extends to all convicted persons: to address the bench, should you wish to do so, in mitigation of your sentence.
THE PRISONER: My lord, I have nothing to say in mitigation.
THE LORD CHIEF JUSTICE: You may speak, if you choose, to any matter—
THE PRISONER: I understand the invitation, my lord. I decline it. I am not here to ask mercy. I am here because I led an armed rising against a government that stripped two million people of their land in exchange for the right to starve in a workhouse rather than starve in a ditch. I led it. I am not ashamed of having led it. I regret only that we failed. If there is mitigation to be had from this court, let the court apply it to the men and women of Tipperary who took up arms because the Parliament of the United Kingdom passed the Gregory Clause, and the Gregory Clause took everything from them. They had reasons. I had reasons.
THE LORD CHIEF JUSTICE: The court notes your remarks.
THE PRISONER: Note them carefully.
THE LORD CHIEF JUSTICE: Thomas Francis Meagher. It is the sentence of this court that you be taken from this place to a lawful prison, and from thence to a place of execution, and that you be there hanged by the neck until you be dead. May God have mercy upon your soul.
[The sentence of death was commuted, upon petition by prominent members of the Irish bar and several Liberal members of Parliament, to transportation for life to Van Diemen's Land. Meagher, Smith O'Brien, and eleven others were embarked at Cobh on the 4th of January 1849 aboard the convict ship Swift. The commutation was announced without explanation. Government memoranda released subsequently indicate the principal concern was the making of martyrs.]
Appended note, hand of Charles Trevelyan, Treasury, 12th November 1848:
The commutation is correct. A hanged Meagher is a saint. A transported Meagher is a convict in Van Diemen's Land. He will not be heard from again.