WW 'im By 58 jm. THE TRIAL OF THOMAS HARDY FOR l&tsl) Xreafoti, AT THE SESSIONS HOUSE in the OLD BAILEY, ON Tuefday tbe Twenty- eighth, Wednejday the Twenty-ninth, Thurjday the Thirtieth, Friday tbe Thirty-firft of OSlober ; and on Saturday the Firft, Mtmday the Third, Tuefday tbe Fourth, and Wednejday the Fifth of November, 1794* VOL. I. taken in short-Hand, By JOSEPH GURNET, LONDON: SOLD BY MARTHA GURNEY, BOOKSELLER, HOLBORN HILL, 1794. TRI AL OF THOMAS HARDY FOR HIGH TREASON. Un the tenth day of September, 1794.) a Special Commiflion bf Oyer and Terminer was iffued under the Great Seal of Great Britain to inquire of certain High Treafons and Mifprifions of Treafon within the County of Middlefex. On Thurfday, the fecond. of October, the Special Commif- fion was opened at the Sefllon Houfe in Clerkenwell : PRESENT, • The Right Honourable Sir JAMES EYRE, Knt. Lord Chief Juftice of his Majefty's Court of Common Pleas ; The Right Honourable Sir ARCHIBALD MACDONALD, Knt. Lord Chief Baron of his Majefty's Court of Exchequer ; The Honourable Sir BEAUMONT HOTHAM, Knt. one of the Barons of his Majefty's Court of Exchequer ; The Honourable Sir FRANCIS BULLER, Baronet, one of the Juftices of his Majefty's Court of Common Pleas ; The Honourable Sir NASH GROSE, Knt. one of the Juftices of his Majefty's Court of King's Bench ; The Honourable Sir SOULDEN LAWRENCE, Knt. pne of the Juftices of his Majefty's Court of King's Bench ; '*'- And others his Majefty's Juftices, &c. B After ( ) After the Commiflion had been read, the Sheriff delivered "ro ¦die pannel of the Grand Jury, which; wa,s cajled over, when the} following Geri.tleipen were fworn. THE GRAND. JURT, Benjamin John Henry Schneider, Efq. Edward Ironfide, Efcj. Benjamin Ken,ton, Efq. Rawfpn Hart Boddam,, E{q. John Aris, Efq. William Pardpe Allet, Efq.. John Perry, Efq. Henry Peter Kuff, Efq. Thomas Win.flow, Efct. Thomas Cole, Efq. Winthrop, Efq. Samuel Hawkins, Efq, George Ward, Efq. Thomas Boddam, Efq, Jpfeph Lancafter, E£f . Robert Wilkinfon. Efq. George Galway Mills, Efq, Henry Wright, Efq. John Hutchett, Efq. Rowland Stephenfon, Efq. Jbhn Campbell, Efq. LORD ( 3 r LORD CHIEF JUSTICE EYRE. Gentlemen of the Grand Inqueft, , > You are affembled under the authority of the King's commif- fion, which has been iffued for the hearing and determining of the offences of high treafon, and mifprifions of treafon, againft the perfon and authority of the King. That which hath given occafion for this commiflion is that which is declared by a late ftatute, namely, " That a traiterous " and deteftable confpiracy has been formed for fubverting the " exifting laws and conftitution, and for introducing the fyftem " of anarchy and confufion which has fo lately prevailed in t( France;" a crime of that deep malignity which loudly calls upon the juftice of the nation to interpofe, " for the better pre- *' fervation of his Majefty's facred perfon, and for fecuring the *' peace, and the laws and liberties 'of thisJcingdom." The firft and effective ftep in this, as in the ordinary criminal proceedings, is, that a Grand Jury of the country (hould make public jnquifition for the King, fhould diligently inquire, dis cover, and bring forward to the view of the criminal magiftrate, thofe pffences which it is the object of this fpecial commiflion to hear and to determine. , You are Jurors for our Sovereign Lord the King; you are fo ftiled in every indidtment which is prefented ; but let the true . nature of this feryice be underftood. The King commands you to enter upon this inquiry ; but the royal authority in this; as in all its other functions, is exerted, and operates ultimately for the- benefit of his people, It is the King's object, his duty, to vindi cate his peace, his crown, and dignity, becaufe his peace, his crown, and dignity, are the fubje£ts' protection, their fgcurity, and their happinefs. It is ultimately for them that the laws have thrown extraordi nary fences around the perfon and authority ©f the King, and that aU attempts againft the one or the ether are cpnfidered B 2 as ( .4 ) as the higheft crimes which can be committed, and are puni/hed with a feverily, which nothing. but the falys populi canjuftify. The bufinefs of this day calls upon me (in order that you may the better underftand the fubject which, is to come before you) to open to'you the-nature of that offence, 'which I; have before fpoken of in general. An ancient ftatute, 25 Edward III, has declared and defined it. I (hall ftate to you fo much of that declaration and defini tion as appears to me to have any probable relation to the bufi nefs of this day. By that,ftatute it is declared to be high treafon to compafs or imagine the death of the King, provided fuch comparing and imagination be manifefted by fome 2.Q. or acts proved (by two witneffes) to have been done by the party accufed in profeciition of that compaffing and imagination ; that is, from the moment that this, wicked imagination of the heart is acted upon, that any fteps are taken in any manner conducing to the bringing about and. effecting the defign, the intention becomes the crime, and the meafure of it is full. Thefe acts or fteps are technically denominated Overt Acts ; and the fprm? of proceeding in cafes of this nature require that thefe overt acts fhould be particularly fet forth in every indict. mentTof treafon.; and, from the nature pf them, they muft con-: ftitute the principal head of inquiry for the Grand Jury. Thefe overt acts involve in them two diftindt confiderations ; 1 ft, The matter of fact of which they confift ; in the next place, the relation of'that fact to the defign. With refpedt to the mere matter of fact., it will be fbr the Grand Jury to inquire into the true ftate of it ; and I can have very little to offer to your confideration reflecting it : and, with refpect to thg queftion, whether the fact has relation to the de-! fign, fo as to conftitute an overt act of this fpecies of treafon, which involves confiderations both of fact and of law, it is im- ppffible that any certain rule fhould be laid down for your go vernment ; pvert acts being in their nature all the ppflible means which may be ufed in the prcfecutiqn of the end propofed ; they can, ( 5 ) ban be no bfherwife defined, and muft remain for ever infinitely Various. • l . - ' Thus far I can inform ybu ! that occafions have unhappily, but too frequently, 'brought overt acts of this fpecies of treafon under Confideratiori-; in confequence bf which we are furniihed,with ju dicial opinions Upon many of them ; and We are alfo furnifhed With- opinions (drawn from thefe fdurces) of text Writers — fdme of the wifeft and moft enlightened men of their time, whofe in tegrity has been always confidered as the moft prominent feature of their Character, and whofe doctrines do now form great land marks, by which pbfterity will be enabled to trace, with a great degree 6f certainty, the boundary lines between high treafon, and offences bf a lower order and degree. It is a fortunate circumftance that we are thus' aflifted ; for it is not to be diffembled that, though the crime of high treafon is " the gfeateft crime againft faith, duty, and human fociety," and though " the public is deeply interefted in every profecution of this kind, well founded," there hath been, in the beft times, a confiderable degree of jealoufy on the fubject of profecutions for high treafon ; they are ftate profecutions, and the confe- quences to the party accufed are penal in the extreme. Jurors and Judges ought to feel an extraordinary anxiety that profecutions of this nature fhould proceed upon folid grounds. I can eafily conceive, therefore, that it muft be a great relief to Jurors placed in the refponfible fituation in which you now ftand, bound tp do juftice to their country and to the perfons accufed, and anxious to difcharge this truft faithfully; fure I am that it is confolation and comfort to us, who have upon us the refponfibility of declaring what the law is in cafes in which the public and the individual are fo deeply interefted ; to have fuch men as the great Sir Matthew Hale, and an eminent Judge of our own times, who, with the experience of a century, con curs with him in opinion, Sir Michael Fofter, for our guides. To proceed by fteps : from thefe writers upon the law of treafon (who (peak, as I have before obferved, upon the autho rity of adjudged cafes) we learn, that not only acts of immediate and direct attempt againft the King's life are overt acts of com- B 3 pafling ( ° ) parting his death, but that all the remoter fteps, taken with a view to aflift to bring about the actual attempt, are equally overt acts of this fpecies of treafon ; even the meeting and the confulting what fteps fhould be taken in order to bring about the end propofed,. has beeri always deemed to be an act dpne in profecution of the defign, arid as fuch an overt act of this treafon — This is our firlt. ftep in the prefent inquiry. I proceed to obferve that the overt acts I have been- now fpeaking of have reference, nearer or more remote* tp a direct and immediate attempt upon the life of the King ; but that the fame authority infoms us, that they who aim directly at the life of the King (fuch, for inftance, as the perfons who were concerned in the affaffmation plot in the reign of King William) are not the only perfons who can be faid to compafs pf imagine the death of the king. The entering into meafures which, in the nature of things, or in the common ex perience of mankind, do obvioufly tend to bring the life of the King into danger, is alfo compafling and imagining the death of the King ; and the meafures which are taken will be at once evidence of the compafling, and overt acts of it. The inftances which are put by Sir Matthew Hale and Sir Michael Fofter (and upon which there have been adjudged cafes) are of confpiracres to depofe the King; to imprifon him; to get his perfon into the power of the confpirators ; to procure an invafion of the kingdom. The firft of thefe, apparently the' ftrongeft cafe, and coming the neareft tp the direct attempt againft the life pf the King ; the Iaft, the fartheft removed from that direct, attempt, but being a meafure tending to deftfoy the public peace of the country, to introduce hoflilkies, and the ne- ceflity of renfting force by force, and where it is obvious that the conflict has an ultimate tendency to bring the perfpn and life of the King into jeopardy ; it is taken tp be a fpund conftruction of the ftatute 25 Edward III, and the clear law bf the land, that this, alfo is compafling and imagining the death of the King. If a confpiracy to depofe or to imprifon the King, to get his perfon into the power of tlie confpirators, or to procure an inva fion of the kingdom, involves in it the compafling. and imagin ing of his death, and if fteps taken in profecution of fuch a con- 3 fpiracy ( 1 ) fpiracy ate rightly deemed overt acts of the treafon bf imagining and compafling the King's death ; need I add, that if it fliould appear that it has entered into the heart of arty man, who is a fubject of this country, to defign to overthrow the whole govern ment of the country, to pull down and to fubvert from its very .foundations the Britifh monarchy, that glorious fabric which it has been the work of ages to erect, maintain, and fupport; which has been cemented with the beft blood of our anceftors ; to defign fuch a horrible ruin and devaftation, which no King could furvive* a crime of fuch a magnitude that nd lawgiver iri this country hath ever ventured to contemplate it in its whole extent ; need I add, I fay, that the complication and the enor mous extent of fuch a defign will not prevent its being diftindtly Teen, that the compafling and imagining the death of the King is involved in it, is in truth of its very effence. This is too plain a cafe to require further illuftration froiri me. If any man of plain fenfe, but not converfant with fubjects of this nature, fhould feel bimfelf difpofed to afk whether a con- fpiracy of this nature is to be reached by this medium only ; Whether it is a fpecific treafon to compafs and imagine the death of the Kingj and not a fpecific treafon to confpire to fubvert the monarchy itfelf ; I anfwer* that the ftatnte of Edward III, by Which we are governed, hath not declared this (which iri all juft theory of treafon is the greateft of all treafons) to be high treafon* I faid no lawgiver had ever ventured tb contemplate it in its whole extent ; the feditio regrii, fpbken of by forrie of our an cient writers* comes the heareft to it, but falls far fhort of it : perhaps if it were now a queftibn'whethef fuch a conspiracy fhould be made a fpecific treafon, it might be argued to be unneceffary : that in fecuring the perfon and authority bf the King from alt danger, the monarchy, the religion arid laws of buir Country are incidentally fecured ; that the conftitution of our government is fo framed, that the imperial crown of the realm is the common centre of the whole ; that all traiterbus attempts upon any part of it are itiftaritly communicated to that Centre, and felt there ; and that, as upon every principle of public policy "and juftice B 4 they ( 8 ) they are punifltable as traiterous attempts againft the King's per fon pr authority, and will, according to the particular nature of the traiterous attempt, fall within pne pr other of the fpecific treafons againft the King, declared by the ftatute of 25 Edward III ; this greateft of all treafons is fufficiently provided againft by law. Gentlemen, I prefume I hardly need give you this caution, that thpugh it has been exprefsly declared, by the higheft autho- rity, that there do exift in this country men capable pf medi tating the deftrucrion pf the conftitutipn under which we live ; that; declaratipn, being extrajudicial, is not a ground upon which you ought to proceed. In confequenee of that declaration it became a public and rn- difpenfable duty of his Majefty to inftitute this folemn proceed ing, and to impole upon you the painful tafk pf examining the accufatipns which fhall be brought before you ; but it will be your duty to examine them in a regular judicial courfe, that is; by hearing the evidence, and forming your own judgment uppn it. And here, as I do not think it neceffary to trouble ypu with obfervatiohs upon the other branches of the ftatute 25 Edward III, the charge to the grand inqueft might conclude ; had not the particular nature of the confpiracy, alledged to have been formed againft the ftate, been difclofed, and made matter of public notoriety by the reports of the two houfes of parliament, now in every one's ¦ hands : but that being the cafe, I am apprehenfive that I fliall not be thought to have fulfilled the duty, which the Judge owes tp the Grand Jury, when queftions in the criminal law arife on new and extraordinary cafes of fact ; if I did not plainly and diftincrly ftate what I conceive the law to be, or .what doubts I conceive may arife in law, upon the facts which are likely to be laid before you, according to the different points of view in which thofe facts may appear tp you.' It is matter of public notoriety that there have been aflbcia- tions formed in this county, and in ether parts of the kingdom, the profeffedpurpofe of which has been a change in the conftitu- tipn ( 9 ) tion of the commons houfe of parliament, and the obtaining of annual parliaments ; and that to fome of thefe affociations Pther purpofes, hidden under this veil, purpofes the moft traiterous, have been imputed ; and that fome of thefe affociations have been fuppofed to have actually adopted meafures of fuch a nature, and to have gone into fuch exceffes, as will amount to the crime of high treafon. If there be ground to confider the profeffed purpofe of any of thefe affociations, a reform in parliament, as mere colour, and as a pretext held out in order to cover deeper defigns — defigns againft the whole conftitution and government of the country; the cafe of thofe embarked in fuch defigns is that which I have already confidered. Whether this be fo, or not, is mere matter of fact; as to which I fhall only, remind you, that an inquiry into a charge of this nature, which undertakes to make out that the oftenfible purpofe is a mere veil, under which is concealed a trai terous confpiracy, requires cool and deliberate examination, and the moft attentive confideration ; and that the refulc fhould be perfectly clear and fatisfadtory. In the affairs of common life, no man. is juftified in imputing to another a meaning contrary to what he himfelf expreffes, but upon the fulleft evidence. On the other hand, where the pharge can be made out, it is adding tp the crime meditated the deepeft diflimulation and treachery, with refpect to thofe individuals, who may be drawn in to em bark in the oftenfible purpofe, as well as to the public, againft which, this dark myftery of wickednefs is fabricated. But if we fuppofe thefe affociations to adhere to the profeffed purpofe, and to have no other primary object, it may be afked, is it poflible, and (if it be poflible) by what procefs is it, that an affociation for the reform of parliament can work itfelf up to the crime of high treafon ? All men may, nay, all men muft, if they poffefs the faculty of thinking, reafon upon every thing which fufEcientlyintereftsthem to become objects of their attention, and among the objects of the attention of free men, the principles of go vernment, the conftitution of particular governments, and, above all, the conftitution of the government underwhich they live, will naturally engage attention, and provoke fpeculation. The power of communi- f *=> ) com munication of thoughts and opmipfls is the gift of God, andtfad freedpmpf it is the fpurce pf all fcience, the firft fruits and theul- timate happinefs of fociety ; and therefore it feems to follow, that human laws ought not to interpofe, nay, cannot interpofe, to prevent the communicatipn pf fentiments and opinions in volun tary affemblies of men ; all which is true, with this fingle refer- vation, that thofe affemblies are to be fo compofed, aud fo con ducted, as not tp endanger the public peace and gppd order pf the gpvernment under which they live ; and I fhall npt ftate to you that aflbciations and affemblies of men, for the purpofe of obtaining a reform in the interior conftitution of the Britifh, parliament, are fimply unlawful; but, on the other hand, I muft ftate to you, that they may but top eafily degenerate, and be come unlawful, in the higheft degree, even to the enormous ex tent of the crime of high treafon. The procefs is very fimple : let us imagine to ourfelves this cafe : a few well meaning men conceive that they and their fel low fubjecrs labour under fbme grievance ; they affemble peace ably to deliberate on the means of obtaining redrefs; the numbers increafe; the difcuflion grows animated, eager, and violent; a rafh meafure is proppfed, adppted, and adted uppn ; who can fay where this fhall flop, and that thefe men, who originally affembled peaceably, fhall not finally, and fuddenly tpp, involve themfelves in the crime of high treafon. It is apparent how eafily an impetuous man may precipitate fuch affemblies into crimes of unforefeen magnitude, and danger to the ftate : but, let it be confidered, that bad men may alfo find their wav into fuch affemblies, and ufe the innocent purppfes pf their aflbciation as the ftalking horfe to their purpofes of a very different com plexion. How eafy for fuch men to practife uppn the credulity and the enthufiafm pf hpneft men, lovers of their country, loyal to their prince, but eagerly bent upon fome fpeculative improve- mcnts-in the frame, and internal mechanifm of the government ? If we fuppofe bad men to have once gained an afcendancy in an a'ffembly of thisdefcription, popular in its conftitutipn, and hav ing popular objects; how eafy is it for fuch men to plunge fuch an affembly into the moft criminal exceffes ? Thus far I am fpeaking ( II ) fpeaking in general, merely to illuftrate the propofition, that men who affemble in order to procure a reform of parliament may in volve themfelves in the guilt of high treafon. The notoriety to which I have alluded leads me to fuppofe, that the project of a convention of the people to be affembled under the advice and direction of fome of thefe focieties, or of de legations from them, will be the leading fact, which will be laid before you in evidence, refpedting the conduct, and meafures of thefe affociations ; a project, which perhaps, in better times, would have been hardly thought worthy of grave confideration ; but, in thefe our days, having been attempted to be put in exe cution in adiftant part of the united kingdoms, and, with the ex ample of a neighbouring country befdre our eyes ; is defervedly be come an object of the jealoufy of our laws : it will be your duty to examine the evidence on this head very carefully, and to fift it to the bottom ; to confider every part of it in itfelf, and as it ftands connected with other parts of it, and to draw the conclu- fion of fact, as to the exiftence, the nature, and the object of this project of a convention, from the whole. In the courfe of the evidence you will probably hear of .bodies of men having been collected together, of violent refolutions voted at thefe and at other meetings, of fome preparation of ofFen,- five weapons, and of the adoption of the language, and manner of proceeding of thofe conventions in France, which have pof- feffed themfelves of the government of that country : I dwell not on thefe particulars, becaufe I confider them, not as fubftantive treafons, but, as circumftances of evidence, tending to afcertain the true nature of the object which thefe perfons had in view, and alfo the true nature of this project of a convention, and to be confidered by you in the mafs of that evidence ; which evi dence it does not fall within the province of the charge to con fider in detail ; my prefent duty is, to inform you what the law is upon the matter of fact, which in your judgment fliall be the refult of the evidence. I prefume that 1 have fufEciently explained to you that a pro ject to bring the people together in convention, in imitation of thofe \ 12 1 thofe national conventions which we have heard of in France/ in order to ufurp the government of the country, and any one ftep taken towards bringing it about, fuch as, for inftance, con futations, forming of committees to confider pf the means, act ing in thofe committees, would be a Cafe pf np difficulty that it would be the clearer! high treafon ; it would be cpmpafling and imagining the King's death, and npt pnly his death, but the death and definition pf all prder, religion, laws, all property, all fecurity for the lives and liberties pf the Kind's fubjefts. That which remains to be confidered is, the project of a con vention having for its fble pbject the effecting a change in the mpde of reprefentatipn pf the pepple in parliament, and the obtaining that parliaments fhould be held annually ; and here there is room to diftinguifh. Such a project pf a cpnventipn, taking it to be criminal, may be criminal in different degrees, accprdins; to the cafe in evidence, from whence vou are to col- left the true nature and extent of the plan, and the manner in which it is intended to operate ; and it will become a queftion of great impprtance, under what clafs of crimes it ought to be ranged. In determining upon the complexipn and quality pf this pro ject of a convention, you will lay down to yourfelves one prin ciple which is never to be departed from, that alterations in the reprefentation of the people in parliament, or in the law for hold ing parliaments, can only be effected by the authority of the King,. Lords, and Commons, in parliament affembled. This being taken as a foundation, it feems to follow as a neceffary confe- quence, that a project of a convention, which fhould have fpr its object, the obtaining a parliamentary reform without the, au thority of parliament, and fteps taken uppn it, wpuld be high treafon in all the actors in it ; for this is a cpnfpiracy tp overturn the government. The gpvernment cannpt be faid to exift, if the functions of legiflation are ufurped for a mpment; and it then beepmes of little cpnfequence indeed, that the original confpi'ra- tors, perhaps, had only meditated a plan pf moderate reform : it is, in the nature^ pf things, that the ppvver flipuld gp out of their hands, and be beyond the reach of their controul. A confpi racy of this nature is therefore, at beft, a confpiracy to overturn i the ( 13 ) the government, in order to new model it, which is, in effect, to introduce aharchy? and that which anarchy may chance to fettle down into ; after the King may have been brought to the fcaffold, and after the country may have fuffered all the miferies which difcord and civil war fhall have produced, Whether the project of a convention, having for its object the collecting together a power which fhould overawe- the legif- lative body, and extort a parliamentary reform from it, if acted upon, will alfo amount to high treafon, and to the fpecific treafon of compafling and imagining the King's death, is a more doubt ful queftion. Thus far is clear ; a force upon the parliament muft be immediately directed againft the King, who is an inte gral part of it ; it muft reach the King, or it can have no effect at all. Laws are enacted in parliament by the King's Majefty, by and with the advice and confent of the Lords and Commons, in paliament affembled. A force meditated againft the parlia ment, is therefore a foice meditated againft the King, and feems to fall within the cafe of a force meditated againft the King^ to compel him to alter the meafures of his government : but, in that cafe, it does not appear to me that I am warranted by the authorities to ftate to you, as clear Jaw, that the mere confpi racy to raife fuch a force, and the entering into confutations re flecting it, will alone, and without actually railing the force, jconftitute the crime of high treafon. ' What the law is in that x:afe, and what will be the effect of the circumftance of the fprce .being meditated againft the King in parliament, againft the King jn the exercife of the royal function in a point which is of the very effence of his monarchy, will be fit to be folemnly confi dered, and determined when the cafe fliall arife. It may be ftated to you as clear, that the project of a conven tion, having for its fole-object a dutiful and peaceable application to the wifdom of parliament on the fubject of a withed-for re form, which application fhould be entitled to weight and credit from the univerfality of it, but fhould ftill leave to the parlia ment the freeft exercife of its difcretion to grant or to refufe the prayer of the petition, (great as the refponfibility will be on the perfons concerned in it, in refpect of the many probable, and all the poflible, bad confequences- of collecting a great number of people ( H ) people together, with no fpecific legal powers to be exercifect, and under no government but that of their own difcretion,) can not in itfelf merit to be ranked among that clafs of offences which we are now affembled to hear and determine. Upon this Iaft ftatement of the fact of the cafe, I am not called upon, and therefore it would not be proper for me to fay more. Gentlemen, You will now proceed upon the feveral articles of inquiry, which have been given you in charge: if you find fnzt the parties, who fhall be accufed before you, have been pur- fuing lawful ends by lawful means, or have been only indifcreet, or, at the worft, if criminal, that they have not been criminal to the extent of thofe treafons to which our inquiries are confined, then fay, that the bills which fhall be prefented to you are not true bills : but, if any of the accufed perfons fliall appear to you to have- been engaged in that traiterous and deteftable confpiracy idefcribed in the preamble of the late ftatute ; or, if without any formed defign to go the whole length pf that confpiracy, they have yet acted uppn the defperate imagination of bringing about alterations in the conftitution of the commons houfe of parlia ment, or in the manner of holding parliaments, without the au thority of parliament, and, in defiance of it, by an ufurped pow er, which fhould, in tliat inftance, fufpend the lawful authority ©f the King, Lords, and Commpns, in parliament affembled, and take upon itfelf the funftipn pf legiflation (which imagination amounts to a confpiracy to fubvert the exifting laws and confti tution, differing from the former only in the extent of its object), you will then do that which belongs to ypur pffice to do. In the third view of the cafe of the accufed perfons; that, is, if you find them invplved in, and proceeding upon, a defign to collect the people together againft the legiflative authority of the country, for the purpofe, not of ufurping the functions of the Jegiflature, but of pverawing the parliament, and fp compelling the King, Lords, and Commpns, in parliament affembled, to enact a law for new modelling the commons houfe of parliament, pr, for holding annual parliaments ; and that charges of high trea fon are offered to be maintained againft them upon this grounS only ; perhaps it may be fitting that, in refpect of the extraordinary , nature ( i5 ) natute and dangerous extent and very criminal complexion of fuch a confpiracy, that cafe, which I ftate to you as a new and a doubtful cafe, fhould be put into a judicial courfe of inquiry, that it may receive a folemn adjudication, whether it will, or will not, amount to high treafon, in order to which the bills muft be found to be true bills. Gentlemen, I have not opened to you the law of mifprifion of treafon, becaufe I am not aware that there are any commitments for that offence ; and therefore I have no reafon to fuppofe that there will be any profecution for that offence. It confifts of the concealment of treafon committed by others (which undoubt edly it is- every man's duty to difclofe), and the punifliment is 'extremely fevere ; but the humanity of modern times hath ufu- ally interpofed, and I truft that the neceflities of thesprefent hour will not demand, that the law of mifprifion of treafon fliould now be carried into execution. Gentlemen, I difmifs you with confident expectation that your judgment will be directed to thofe conclufions which may clear innocent men from all fufpicion of guilt, bring the guilty to condign punifliment, preferve the life of our gracious Sovereign, fecure the ftability of our government, and maintain the public peace, in which comprehenfive term is included the welfare and happinefs of the people under the protection of the laws and liberties of the kingdom, The fh,er}ff returned into the court the pannel of the Petit Jurors,. On Monday, October the fixth, the Grand Jury returned a , true bill againft Thomas. Hardy, John Home Tooke, John Auguftus Bonney, Stewart Kyd, Jeremiah Joyce, Thomas, Wardle, Thomas Holcroft, John Richter, Matthew Moore, John Thelwall, Richard Hodgfpn, and John Baxter, for high treafon. Not found againft John Loyett. On ( 16 ) On Tuefday, Oaober the feventh, Thomas Holcroft volun tarily furrendered himfelf in Cpurt, and was committed to Newgate. At the requeft of the feveral prifoners the following gentlemen were afligned by the Court as their Counfel : — For, Thomas Hardy, Mr. Erfkine, Mr. Gibbs. John Home Tooke, Mr. Erfkine, Mr. Gibbs. John Auguftus Bonney, Mr. Erfkine, Mr. Gibbs. Stewart Kyd, Mr. Erfkine, Mr. Gibbs. Jeremiah Joyce, Mr. Erfkine, Mr. Felix Vaughan. Thomas Holcroft, Mr.' Erfkine, Mr. Gibbs. John Richter, Mr. Erfkine, Mr. Gibbs. John Thelwall, Mr. Erfkine, Mr. Gibbs. John Baxter, Mr. Erfkine* Mr. Gurney. ' Thomas' Wardle, Matthew Mppre, and Richard Hodgfon, were npt in cuftody. On Monday, October the thirteenth, Mr. White, Solicitor for the Treafurv, delivered to each of the prifoners a copy of the indictment, a lift of the jurors impanelled by the fheriff, and a lift of the.witneffes to be produced by the crown fpr prov ing the faid indictment. On Friday, October the 24th, . Thomas Hardy, John Home Tooke, John Auguftus Bonney, Stewart Kyd, Jeremiah Joyce, John Richter,. and John Thelwall, were removed by habeas corpus from the Tower to Newgate. SESSION" ( 17 ) SESSION HOUSE IN THE OLD BAILEY, Saturday, Oflober 2$th, 1794. PRESENT, Lord Chief Juftice EYRE ; Lord Chief Baron MACDONALD; Mr. Baron HOTHAM; Mr. Juftice BULLER ; Mr. Juftice GROSE ; And others his Majefty's Juftices, See. Thomas Hardy, John Home Tooke, John Auguftus Bon ney, Stewart Kyd, Jeremiah Joyce, Thomas Holcroft, John Rich ter, John Thelwall, and John Baxter, were arraigned upon the following indictment, and feverally pleaded not guilty. THE INDICTMENT. Middlefex to wit — Be it remembered that at a fpecial feffion of Oyer and Terminer of our Sovereign Lord the King of and for the county of Middlefex holden at the Seflion Houfe on Clerk- enwell Green in the faid county can Thurfday the fecond day of October in the thirty-fourth year of the reign of our Sovereign Lord George the Third by the grace of God of Great Britain France and Ireland King Defender of the Faith and fo forth be fore the Right Honourable Sir James Eyre Knight Chief Juftice of our faid Lprd the King of his Court of Common Pleas the Right Honourable Sir Archibald Macdonald Knight Chief Baron of our faid Lord the King ipf his Court of Exchequer the Ho nourable Sir Beaumont Hotham Knight one of the Barons of our faid Lord the King of his faid Court of Exchequer the Honour able Sir Francis Buller Baronet one of the Juftices of our faid Lord the King of his faid Court of Common Pleas the Honour able Sir Nafh Grofe Knight one of the Juftices of our faid Lord the King afiigned to hold Pleas before the King himfelf the Ho nourable Sir Soulden Lawrence Knight one other of the Juftices C of ( i8 ) of our faid Lord the King affigned to hold Pleas before the King himfelf and others their felloyvs Juftices and Commiflioners pf our faid Lord the King afligned by letters patent of our faid Lord the King under his great feal of Great Britain made to them and others and any three or more of them (of whom one pf them the aforefaid Sir James Eyre Sir Archibald Macdpnald Sir Beau mont Hotham Sir Francis Buller Sir Nafh Grofe and Sir Soul den Lawrence our faid Lord the King willed fhould be one) to inquire by the oath of good and lawful men of the county of Middlefex of. all high treafons in compafling or imagining the death of our Lord the King -levying war againft our Lord the King in his realm or in adhering to the enemies pf our faid Lord the King in his realm giving, to them aid and comfort in his realm or elfewhere and of all mifprifions of fuch- high treafons as aforefaid or of any of them within the county aforefaid (as well within liberties as without) by whomfoever and in what manner foever done committed or perpetrated when how and after what manner and of all other articles and circumftances _ concerning the premiffes and every or any of them in any man ner whatfoever and the faid treafons and mifprifions of treafons according to the laws and cuftoms of England for this time to hear and determine by the oath of Benjamin Winthrop Efquire John Henry Schneider Efquire Edward Ironfide Efquire Benja min Kenton Efquire Rawfon Hart Boddam Efquire John Aris Efquire William Pardoe Allett Efquire John Perry Efquire Henry Peter Khuff Efquire Thomas Winflow Efquire Thomas5 Cole Efquire Samuel Hawkins Efquire George Ward Efquire Thomas Boddam Efquire Jdfeph, Lancafter Efquire Robert Wilkinfon Efquire George Galway Mills Efquire Henry Wright Efquire John Hatchett Efquire Rowland Stephenfon' Efquire and John Campbell Efquire good and lawful men of the county aforefaid now here fworn and charged to inquire for^ our faid Lord the King for the body of the faid county touching- and concerning the premiffes in the faid letters patent mentioned! lt is prefented in manner and form as follpweth (that is to fay) Middlefex to wit the Jurors fpr pur Spvereign Lord the King upon their oath prefent that Thomas Hardy late 'of Weftminfter in the county of Middlefex fhoemaker John Home Tooke late of ( 19 ) bf Wimbledon in the county of Surrev clerk John Auguftus Bonney late of the parifh of Saint Giles in the Fields in the county of Middlefex aforefaid gentleman Stewart Kyd late of London Efquire Jeremiah Joyce late df the parifh of Saint Mary le Bone otherwife Marybone in the county of Middlefex afore faid gentleman Thomas Wardle late of London gentleman Tho mas Holcroft late of the parifh of Saint Mary le Bone otherwife Marybone aforefaid in the county of Middlefex aforefaid gentle man John Richter late of Weftminfter in the faid county of Middlefex gentleman Matthew Moore late of Weftminfter in the county of Middlefex aforefaid gentleman John Thelwall late of Weftminfter in the county of Middlefex aforefaid gentleman Richard Hodgfon late of Weftminfter in the county of Middle fex aforefaid hatter and John Baxter late of the parifh of Saint Leonard Shoreditch in the county of Middlefex aforefaid labourer being fubjects of our faid Lord the King not having the fear of God in their hearts nor weighing the duty of their allegiance but being moved and feduced by the inf ligation of the devil as falfe traitors againft our faid Lord the King their fupreme true lawful and undoubted Lord and wholly withdrawing the cordial love and true and due obedience which every true and faithful fubject of our faid Lord the King fhould and of right ought to bear towards our faid Lord tlie King and contriving and with all their ftrength intending traiteroufly .to break and difturb the peace. and common tranquillity of this kingdom of Great Britain and to ftir move and excite infurrection rebellion and war againft our faid Lord the King within this kingdom and to fubvert and alter the Jegiflature rule and government now duly and happily efta- blifhed in this kingdom and to depofe our faid Lord the King from the royal ftate title power and government of this kingdom and to bring and put our faid Lord the King to death on the firft day of March in the thirty- third year of the reign of our Sove reign Lord the now King and on divers other days and times as well before as after at the parifh of Saint Giles aforefaid in the county of Middlefex aforefaid malicioufly and traiteroufly with force and arms occ did amongft themfelves and together with divers other, falfe traitors whofe names are to the faid Jurors unknown confpire compafs imagine and intend to ftir up move C 2 and ( 20 )) and excite infurrectlon rebellion and war againft our faid Lord- the King within this kingdom of Great Britain and to fubvert and alter the Jegiflature rule and; government now duly and- happily eftablifhed within this kingdom of Great Britain and tp depofe our faid Lord the King from the royal ftate title power and government of this kingdom, and to bring and put our faid Lord the King to death And to fulfil perfect and bring to effect their moft evil and wicked treafon and treafonable com- paflings and imaginations aforefaid they the faid Thomas Hardy, John Hprne Tpoke Jphn Auguftus Bpnney Stewart Kyd Jere miah Joyce Thomas Wardle Thomas Holcroft John Richter, Matthew Moore John Thelwall Richard Hddgfon and Jphn Baxter as fuch falfe traitors as aforefaid with force and arms on the faid firft day of March in the thirty-third year aforefaid and on divers other days and times as well before as after at the parifh , of Saint Giles aforefaid in the county of Middlefex aforefaid ma- ¦ licioufly and traiteroufly did meet confpire confult and agree among themfelves and together with divers other falfe traitors . whofe names are to the faid Jurors unknown to caufe and pro- : cure a convention and meeting of divers fubjects of our faid Lord the King to be affembled and held within this kingdom with in tent and in order that the perfons to be affembled at fuch con vention and meeting fhould and might wickedly and traiteroufly 1 without and in defiance of the authority and againft the will pf , the parliament of this kingdom fubvert and alter and caufe to be fubverted and altered the legiflature rule and government npw duly and happily eftablifhed in this kingdpm and depofe and caufe ¦,¦¦'¦. to be depofed our faid Lord the King from the royal ftate title power and government thereof And further to fulfil perfect ?(i and bring to effect their moft evil and wicked treafon and trea-- fpnable cpmpaflings and imaginations aforefaid and in order the more readily and effectually to affemble fuch convention and, . meeting as aforefaid for the traiterous purpofes aforefaid and there- i by to accomplifh the fame purpofes they the faid Thomas Hardy John Home Tooke John Auguftus Bonney Stewart Kyd Jere miah Joyce Thomas Wardle Thomas Holcroft John Richter ! Matthew Moore John Thelwall Richard Hodgfon and John, Baxter as fuch falfe traitors as aforefaid together with divers other , falfe traitors whofe names are to- the Jurors aforefaid unknown! ^ on ( 21 ) on the faid firft day of March in the thirty-third year aforefaid and on divers other days and times as well before as after with force and arms at the parifh of Saint Giles atorefaid in the county of Middlefex aforefaid malicioufly and traiteroufly did compofe and write and did then and there malicioufly and traiteroufly caufe to be compofed and written divers books pamphlets letters inftructions refolutions orders declarations addreffes and writings and did then and there malicioufly and traiteroufly publifh and did then and there malicioufly and traiteroufly caufe to be pub- lifhed divers other books pamphlets letters inftructions refolutions orders declarations addreffes and writings the faid books pamphlets letters inftructions refolutions orders declarations addreffes and writings fo reflectively compofed written publifhed and caufed to be compofed written and publifhed purporting and con taining thei'ein among other things incitements encourage ments and exhortations to move induce and perfuade the fubjects of our faid Lord the King to choofe depute and fend ahd caufe to be chofen deputed artd fent perfons as delegates to compofe and conftitute fuch convention and meeting as afore faid to be fo holden as aforefaid for the traiterous purpofes aforefaid And further to fulfil perfect and bring to effect their moft evil and wicked treafon and treafonable compaffings and imaginations aforefaid and in order the more readily and effectu ally to affemble fuch convention and meeting as aforefaid for the traiterous purpofes aforefaid and thereby to accompli fh the fame purpofes they the faid Thomas Hardy John Home Tooke John Auguftus Bonney Stewart Kyd Jeremiah Joyce Thomas Wardle Thomas Holcroft John Richter Matthew Moore John Thel wall Richard Hodgfon and John Baxter as fuch falfe traitors as aforefaid on the faid firft day of March in the thirty-third year aforefaid and on divers other days and times as well before as after with force and arms at the parifh of Saint Giles aforefaid in the county of Middlefex aforefaid did meet confult and deliberate among themfelves and together with divers other falfe traitors whofe names are to the faid Jurors unknown of and concerning the calling and affembling fuch convention and meeting as afore faid for the traiterous purpofes aforefaid and how when and where fuch convention and meeting fhould be affembled and held and by what means the fubjects of our faid Lord the King fhould and C 3 might ( « ) might be induced and moved to fend perfons as delegates to com- , pofe and conftitute the fame And further to fulfil perfect and bring to effect their moft evil and wicked treafon and treafonable compaffings and imaginations aforefaid and in order the more readily and effectually to affemble fuch convention and meeting as aforefaid for the traiterous purpofes aforefaid and thereby to accomplifh the fame purpofes they the faid Thpmas Hardy Jphn Home Tooke John Auguftus Bonney Stewart Kyd Jeremiah Joyce Thomas Wardle Thomas Holcroft John Richter Matthew Moore John Thelwall Richard Hodgfon and .John Baxter as fuch falfe traitors as aforefaid together with divers other falfe traitors whofe names are to the Jurors aforefaid unknown on the faid firft day of March in the thirty-third year aforefaid and on divers other days and times as well before as after with force and arms at the parifh pf Saint Giles aforefaid in the county of Mid dlefex aforefaid malicioufly and traiteroufly did confent and agree that the faid Jeremiah Joyce John Auguftus Bonney John Hprne Tooke Thomas Wardle Matthew Mopre John Thelwall John Baxter Richard Hodgfon one John Lpvett one William Sharp and one John Pearfon fhould meet confer and co-operate among themfelves and together with divers other falfe traitors whofe names are to the faid Jurors unknown for and towards the calling and affembling fuch convention and meeting as aforefaid for the traiterous purpofes aforefaid and further to fulfil perfect and bring to effect their moft evil and wicked treafon and treafonable com paffings and imaginations aforefaid they the faid Thomas Hardy John Home Tooke John Auguftus Bonney Stewart Kyd Jere miah Joyce Thomas Wardle Thomas Holcroft John Richter Mathew Moore John Thelwall Richard Hodgfon and John Baxter as fuch falfe traitors as aforefaid together with divers other falfe traitors whose names are to the Jurors aforefaid unknown on the faid firft day of March in the thirty-third year aforefaid and on divers other days and times as well before as after with force and arms at the parifh of St. Giles aforefaid in the county of Middlefex aforefaid malicipufly and traiteroufly did caufe and procure to be made and provided and did then and there malicioufly and traiteroufly confent and agree to the making and providing of divers arms and offenfive -weapons to wit ( n ) wit guns mufkets pikes and axes for the purpofe of arming divers fubjects of our faid Lord the King in order and to the intent that the fame fubjects fhould and might unlawfully for cibly and traiteroufly oppofe and withftand our faid Lord the King in the due and lawful exercife of his royal power and authority in the execution of the laws and ftatutes of this realm and fhould and might unlawfully forcibly and traiteroufly fubvert and alter and aid and aflift in fubverting and altering without and in defiance of the authority and againft the will of the parliament of this kingdom the Jegiflature rule and go vernment now duly and happily eftablifhed in this kingdom and depofe and aid and aflift in depoling our faid Lord tlie King from tlie royal ftate title power and government of this king dom and further to fulfil perfect and bring to effect their moft evil and wicked treafon and treafonable compaflings and imagi nations aforefaid they the faid Thomas Hardy John Home Tooke John Auguftus Bonney Stewart Kyd' Jeremiah Joyce Thomas Wardle Thomas Holcroft John Richter Matthew Moore John Thelwall Richard Hodgfon and John Baxter as fuch falfe traitors as aforefaid with force and arms on the faid firft day of March in tlie thirty-third year aforefaid and on divers other days and times as welJ before as after at the parifli of Saint Giles aforefaid in the county of Middlefex aforefaid malicioufly and traiteroufly did meet confpire confult and agree among themfelves and with divers other falfe traitors whofe names are to the faid Jurors unknown to raife levy and make infurrection rebellion and war within this kingdom of Great Britain againft our faid Lord the King and further to fulfil per fect and bring to effect tlieir moft evil and wicked treafon and treafonable compaflings and imaginations aforefaid they the faid Thomas Hardy John Home Tooke John Auguftus . Bonney Stewart Kyd Jeremiah Joyce Thomas Wardle Thomas Holcroft John Richter Matthew Moore John Thelwall Richard Hodgfon and John Baxter as fuch falfe traitors as aforefaid on the faid firft day of March in the thirty- third year aforefaid and on divers other days and times as well before as after at the parifh of Saint Giles aforefaid in the county of Middlefex aforefaid with force and arms malicioufly and traiteroufly did meet confpire confult C 4 and ( 24 ) . and agree amongft themfelves and together with divers other falfe traitors whofe names are to the faid Jurors unknown un lawfully wickedly and traiteroufly to fubvert and alter and caufe to be fubverted and altered the jegiflature rule and go vernment now duly and happily eftablifhed in this kingdom and to depofe and caufe to be depofed our faid Lord the King from the royal ftate title power and government of this kingdom and further to fulfil perfect and bring to effect their moft evil and wicked treafon and treafonable compaflings and imaginations aforefaid and in order tbe more readily and effectually to bring about fuch fubverfion alteration and depofitipn as laft aforefaid they the faid Thomas Hardy John Home Tooke John Auguftus Bonney Stewart Kyd Jeremiah Joyce Thomas Wardle Thomas Holcroft John Richter Matthew Moore John Thelwall Richard Hodgfon and John Baxter as fuch falfe traitors as aforefaid to gether with divers other falfe traitors whofe names are to the Jurors aforefaid unknown on the faid firft day of March in the thirty-third year aforefaid and on divers other days and times as well before as after at the parifn of St. Giles aforefaid in the county of Middlefex aforefaid with force and arms maliciouf ly and traiteroufly did ' prepare and compofe and did then and there malicioufly and traiteroufly caufe and procure to be pre pared and cpmpofed divers books pamphlets letters declarations inftructions refolutions orders addreffes and writings and did then and there malicioufly and traiteroufly publifh and difperfe and did then and there malicioufly and traiteroufly caufe and procure to be publifhed and difperfed divere other books pamphlets letters declarations inftructions refoliitipns prders addreffes and writings the faid feveral bppks pamphlets letters declarations inftructions refolutions orders addreffes and writings fo refpectively prepared compofed publifhed difperfed and caufed to be prepared com pofed publifhed and difperfed as laft aforefaid purporting and containing therein (amongft other things) incitements encou ragements and exhortations to move induce and perfuade the fubjects of our faid Lord the King to aid and aflift in carrying into effect fuch traiterous fubverfion alteration and deppfitipn as laft aforefaid and alfo containing therein amongft other things information inftructions and direaions to the fubjects of our faid Lord C 25 5 Lord the King how when and upon what occafions the traiter ous purpofes laft aforefaid fhould and might be carried into effect and further to fulfil perfect and bring to effect their moft evil and wicked- treafon and treafonable compaflings and imaginations aforefaid they the faid Thomas Hardy John Home Tooke John Auguftus Bonney Stewart Kyd Jeremiah Joyce Thomas Wardle Thomas Holcroft John Richter Matthew Moore John Thelwall Richard Hodgfon and John Baxter as fuch falfe traitors as afore faid togetlier with divers other falfe traitors whofe names are to the Jurors aforefaid unknown on the faid firft day of March in the thirty-third year aforefaid and on divers other days and times as well before as after at the parifh of Saint Giles aforefaid in the county of Middlefex aforefaid with force and arms malicioufly and traiteroufly did procure and provide and did then and there malicioufly and traiteroufly caufe and procure to be provided and did then and there malicioufly and traiteroufly confent and agree tp the procuring and providing arms and offenfive weapons (to wit) guns mufkets pikes and axes, therewith to levy and wage war infurrection and rebellion againft our faid Lord the King within this kingdom againft the duty of the allegiance of them the faid Thomas Hardy John Home Tooke John Auguftus Bonney Stewart Kyd Jeremiah Joyce Thomas Wardle Thomas Holcroft John Rjchter Matthew Moore John Thelwall Richard Hodgfon and John Baxter againft the peace of our faid Lord the now King his crown ,and dignity and againft the form of the fta- tute in that cafe made and provided. Mr. Attorney General ftated to the court, that he had been informed by the coun-fel for the prifoners, it was their intention the prifoners fhould be tried feparately. It was therefore his intention to proceed firft on the trial of Thomas Hardy. At the requeft of the prifoners' counfel, the court adjourned Jo Tuefday, October the 25th. SESSION ( 26 ) SESSION HOUSE IN THE OLD BAILEY, Tuefday, Odober "2Jth. present, Lord Chief Juftice EYRE ; Lord Chief Baron MACDONALD; Mr. Baron HOTHAM; Mr. Juftice BULLER ; Mr. Juftice GROSE ; And others his Majefty's Juftices, &c. Counfel for the Crown. Counfel for the Prifoner. Mr. Attorney General, The Hon. Thomas Erskine, Mr. Solicitor General, Mr. Gibbs. Mr. Serjeant Adair, Mr. Bearcroft, Affijlant Counfel. Mr. Bower, Mr. Dampier, Mr. Law, Mr. Felix Vaughan, Mr. Garrow, Mr. Gurney. Mr. Wood. Solicitor. Solicitors. Joseph White, Efq. Solici- Meffrs. George and Romaine tor forthe affairs of his Ma- William Clarkson; of jefty's treafury. Effex-ftreet. The court being opened and Thomas Hardy fet to the bar^ the Jurors returned by the Sheriff were called over. Major Rhode, Efq. challenged by the prifoner. Thomas Martin, Oil-man, not a freeholder of the county of Middlefex. ' George Jefferys, Jeweller, not a freeholder. Hugh French, Efq. challenged by the prifoner. Robert Mellifh, Sliip-builder, challenged by the prifoner. William Harwpod, Efq. challenged by the crown. James ( V ) James Hagarth, Efq. challenged by the prifoner. Robert Lewis, Efq. excufed on account of illnefs. John Walker, Efq. not a freeholder. George Wade, Stock-broker,* challenged by the crown. Thomas Buck, Efq. fworn. Thomas Ayliffe, Efq. challenged by the prifoner. Thomas Wood, Efq. fworn. Mark Hudfon, Efq. challenged by the prifoner. Jojin Mandell, Gent, challenged by the prifoner. Henry Bullock, Brewer, challenged by the crown. John Powfey, Carpenter and Surveyor, challenged by the pri foner. George Capes, Efq. challenged by the prifoner. Thomas Rhodes, Cow-keeper, challenged by the prifoner. Edward Helme, Efq. challenged by the prifoner. Jeffery Holmes, Efq. challenged by the crown. William Frafer,, Efq. fworn. Apfley Pellat, Ironmonger, not a freeholder. Hugh Reynolds, Efq. challenged by the prifoner. Thomas Harrifon, Cow-keeper, challenged by the prifoner. Daniel Goffet, Efq. not a freeholder. Richard Meaux, Efq. not a freeholder. Dicker Saunders, Efq. one of the people called quakers. Calvert Clapham, Gent, not a freeholder. John Leader, Gent, challenged by the prifoner. John Gueft, Efq. excufed on account of illnefs. Charles Fourdrinier, Stationer, not a freeholder. Adam Steinmetz, Bifcuit-baker. Mr. Attorney General. Are you a natural born fubject ? Mr. Steinmetz. Yes. — Sworn. Alexander Baxter, Efq. not a freeholder. Richard Child, Diftiller, not a freeholder. Jeremiah Blakeman, Timber Merchant, challenged by tha prifoner. Robert Kilby Cox, Efq. challenged by the prifoner. Richard Hunt, Efq. not a freeholder. James Payne, Efq. challenged by the crown. Newell Connop, Diftiller, fworn. John Mercer, Mealman, fworn. John ( i% [ John Rixon, Cooper, challenged by the crown, Thomas Sayer, Efq. fworn. Richard Carter, Efq.' fworn. Edward;Hale, Gent, challenged by the prifoner. George Fillingham, Efq. challenged by the -prifoner, Samuel Rudge, Efq. not a freeholder. William Perry, Efq. challenged by the prifoner. Richard Gough, Efq. challenged by the prifoner. Jofhua Brookes, Dealer in Birds, not a freeholder. Thomas Lawrence, Efq. not a freeholder. Thomas Skipp Dyott Bucknell, Efq. challenged by the prifoner, John Blackburn, Efq. challenged by the prifoner. Samuel Mills, Weaver. Mr. Mills. My father left in his will all his eftate to my brother and me, and appointed truftees, and we are not, by the will, to be of age till we are thirty-five. Jofeph Bird, Efq. not a freeholder of Middlefex. Thomas Powell, Efq- challenged by the prifoner. William Emerfon, Efq. not a freeholder. James Cook, Efq, not a freeholder. Nathaniel Stonard, Brewer, fworn. Jofeph Mawley,. Gent, not a freeholder. Thomas Allen, Brewer, challenged by the prifoner. John Baker, Efq. . challenged by the prifoner. William Row, Efq. not a freeholder. James Smith, Efq. challenged by the prifoner. Bryan Marfhall,"Gent. challenged by the prifoner. Jofeph JMichpl, Gentleman Farmer, fworn. Thomas Bird, Diftiller, not a freeholder. Robert Vincent, Efq. not a freeholder. David Roberts, Efq. challenged by the prifoner. George. Brookes, Efq. not a freeholder. William Arnold, Efq. not a freeholder. Thomas Nixon, Efq. not a freeholder. Thomas Smith, Efq. challenged by the prifoner. John Charrington, Efq. fworn. George Rigby, Efq. not a freeholder. Thomas Allen, Efq. challenged by the prifoner. Andrew ( ' 20 ) Andrew Butt, £fq. .challenged by the crown. Charles Smith, Diftiller, challenged by the prifoner, Archibald Paxton, Wine Merchant, challenged by the, prifoner. Ralph Keddy, Efq. not a freeholder. Jolin Harfley, Efq. not a freeholder. William Nicoll, Farmer, challenged by the prifoner. Edward Franklin, Farmer, excufed on account of illnefs. Michael Henly, Coal Merchant, challenged by the prifoner. John Thompfon, Brewer, challenged by the prifoner. Jofeph Airfflie, Efq. fworn. THE JURT. Thomas Buck, Thomas Saver, Thomas Wood, Richard Carter, William Frafer, Nathaniel Stonard, Adam Steinmetz, Jofeph Nicliol, Newell Connop, John Charrington, John Mercer, Jofeph Ainflie. Mr. Thomas Shelton, (Cleri oj the Arraigns). Thomas HaVdy, hold up your hand. Gentlemen of the Jury, tlie prifoner, Thomas Hardy, ftands indicted, together with John Home Tooke, &c. — (Here the Clerk oj Arraigns read the indiBment.) — Upon this indictment he hath been arraigned, and upon his arraignment hath pleaded not guilty, and for his trial hath put himfelf upon God and the country, which country you are. Your charge is to enquire whether he be guilty of the high treafon whereof he ftands indicted, or not guilty. If you find him guilty, you are to en quire what goods or chattels, lands or tenements, he had at the time of the high treafon committed, or at any time fince. If you find him not guilty, you are to enquire whether he fled for it; if you find that he did fly for it, you fhall enquire of his goods and chattels as if you had found him guilty. If you find him not guilty, and that he did not fly for it, fay fo, and no more, and hear your evidence. Toe f 30 ) The Indictment was opened by Mr. Woor>< Mr. ATTORNEY GENERAL. May it pleafe your Lordfhip and Gentlemen of the Jury, In the courfeof ftating what I have to offer to your moft ferious attention in this great and weighty caufe, affecting, as it certainly does, the deareft interefts pf the community, affecting, as you will remember throughout this bufinefs, every intereft which can be valuable to the prifoner at the bar, I fhall have fre quent pccafipn to call that anxious attention to the different parts of the indictment, which has juft been opened to you. I forbear to ; do fo at this moment, becaufe I think that attention will be more mfefully, both with refpect to the public, and to the prifoner, given and required in another part of what I am to addrefs to you. Gentlemen, the prifoner, who is before you, ftands charged (to ftate the indictment generally) with the offence of compafling his Majefty's death ; he was committed, upon that charge, by his Majefty's Privy Council : I will explain to you prefently why I ftate this and the following facts. In confequence of the appre- henfion of this prifoner, of feveral others Charged bv this indict ment, and of others, whpfe names do not occur in this indictment, proceedings of fome notoriety were had in Parliament, and an act paffed, impowering his Majefty .to detain fuch perfons as he fufpected were confpiring againft his government. That act has afferted that a traitorous-and deteftable confpiracy had been formed for fubverting the exifting laws and government of the country, and for introducing that fyftem of anarchy and confufion, which had fo fatally prevailed in France ; the act, upon the fpur of the emergency, which it contemplated, authorifed the detention without bail, mainprize, or difcharge of the perfons then in prifon for high treafon, pr treafonable practices, or who fhould after wards be committed, for high treafon or treafonable practices, by. warrants from the Privy Council or Secretary of State, till the firft of February 1795. Gentlemen, this meafure, which did not fufpend the operation, of the Habeas Corpus Act, that great palladium of Englifh liberty, but with reference to particular perfons, under particular Com mitments, for particular offences, is a meafure, never adopted in this ( 3' > this country by Parliament but in cafes, in which it isuuderftood, after giving all poflible attention to fecure the right of the fubject from being broken in upon, to be of tlie laft poflible neceflity, and which has been repeatedly put in force, in the beft of times, in fuch cafes, where the wifdom of Parliament apprehended that it was matter of their duty to provide that the nation fhould part with its liberty for a while, that it might not lofe it for ever. Gentlemen, appearing before you this day in difcharge of that duty, which I have been commanded to execute,, and the execu tion of which appears tp me to be abfolutely neceffary, you will collect from the fact that I do appear here this day, that, accord ing to the true conftitutional meaning of fuch an act of Parlia- ' ment, it is not that the trial of fucli perfons fliall be delayed' during the period of the fufpenfion of the act, but that the act fliall, with reference to the time of trial, be allowed, in the right execution of it, an operation only to that extent, in which tlie due confideration of the public fafety, tempered with a due atten tion to the liberty of the individual fubject, may require. Gentlemen, the proceedings of the legislature having been fuch as I have ftatedtojyou, liis Majefty, conftitutionally advifed in the exercife of: his dijty; as the great confervator of the public peace, directed aeoinmiflion to iffue to. inquire whether any fuch treafons, as the prefumptian of. fuch a traitorous confpiracy muft neceffarily.fuppofe to haveexifted, had' been committed by any perfons, and by whom. In the execution of the duties of that commiflion a Grand Jury of this county, upon their oaths, have declared that there is ground of charge againft the perfon at the bar, and againft others, fufficient to call upon them, in a trial to be had before you, their country, to anfwer to an accufation of high treafon in compafling his Majefty's death. Gentlemen, I have ftated thefe circumftances that I may con vey to you, in as ftrong terms as I can exprefs it, this obfervation, that, as the proceedings of Parliament ought to have had (and I am perfuaded, from the deliberation which they gave the fubject, that they had) no influence upon the judicial mind of the Grand Inqueft, neither ought thefe proceedings to affect your inquiries, or to induce you to any determination, which you are to make upon the iffue, which you are now fworn to try. Gentlemen, ( 32 ) ; Gentlemen, there is no one circumftance of any proceeding^ before Parliament, with reference to which you ought to fuffer yourfelves to be influenced in the trial of this iffue. It is obvious that fuch proceedings, as were had in Parliament, providing for great emergencies, may be required and authorifed by the genuine fpirit of the conftitution, evert in cafes in which a Grand Jury' might not, upon any thing that could be offered to their confix deration, be juftified in finding a bill: it is much more obvious that, in a proceeding before you, a confideration of the wifdom and propriety of the acts of the legiflature is not called for. You therefore, Gentlemen of the Jury, will confider the pri-' foner as ftanding before ypu in full poffeflion of an abfolute right' to the prefumption of innocepce, notwith ftanding he is charged! with guilt by this indictment, as you will hear, except fo far as< that prefumption is met by the fingle fimple fact, that he has beent . accufed by a Grand Jury of .his country. ' Gentlemen, before I conclude thefe general obfervations, you will permit me to fay, on the other hand, that, if there has been any thing that has fallen under your obfervation, by act, or pub lication — any attempt to make any impreflion upon the minds of thofe who are this day impannelled to try this great caufe, to dif- parage that advice, which, under the moft refponfible fanction, may be given you in matter of law, to work in your minds any pre judice either againft the prifoner, or on the prifoner's behalf; on the one hand I am perfectly fine that your integrity will be fecurity to the public; that you will not permit any attempt of that kind to have any operation : on the other hand, Gentlemen of the Jury, I am equally fure that I need not afk from an Englifh Jury, that they would permit no fuch attempt to influence them againft the prifoner at the bar, no, not even an injudicious or ill executed attempt to influence them in his favour. Gentlemen, in order to underftand the law of treafon, and the indictment, I fhall take the liberty firft to ftate to you the cha-, racter which I apprehend the King, for the protection of whofe perfon and government the ftatute in queftiou was made, has in the ftate and conftitution of this country. Gentlemen, the power of the ftate, by which I mean the power* of making laws, and enforcing the execution of them when made, is ( 33 ) is vefted in the King ; enading laws, in the one cafe, that is, in his legiflative character, by and with the advice and confentof the Lords Spiritual and Temporal, and of the Commons in Parlia ment affembled, affembled according to the law and conftitutional cuftom of England ; in the other cafe, executing the laws, when made, in fubfervience to the laws fo made, and with the advice, which the law and the conftitution hath affignedto him in almoft every inftance, in which it has' called upon him to act for the benefit of the fubject. The King's authority, under the check of conftitutional and legal provifions, and limitations, convenes and fegulates rthe duration and exiftence of Parliament, convening thofe whom, according to the law and cuftom of the country, he is bound to convene. The King, in his Parliament, fitting in his royal political capacity, and the Lords and Commons there aflembled, form the great body politic of the kingdom, by which is exercifed fovereign authorify in legiflation. Gentlemen, whilft the prefent law, the prefent conftitution, and prefent government of Great Britain, exifts, no law can be made but by that autho rity ; no legiflative power can be created againft the will, and in defiance of, that authority. Whether in any, or in what cir- cumftances, an attempt to create fuch a power is a treafon for bidden by the ftatute of the 25th of Edward III. I propofe to exa mine prefently. Gentlemen, as in the King the power of legiflation is vefted, as well as the executive power of the ftate, to be exercifed with confent and advice, to be exercifed according to thofe laws, which are the birthright and- inheritance of the fubject, having upon him the care and protection of the community ; to him, in re turn, the allegiance of every individual is, according to the law of England, due; that allegiance, by which the fubject is bound, in the language of the ftatutes of this country, to defend him " againft all traitorous confpiracies and attempts whatfoever, " which fhall be made againft his perfon, his crown, or his " dignity." Gentlemen, to afcertain to whom this care and protection is committed — to afcertairi to whom this allegiance is due, the breach of which, according to the venerable Lord Hale, confti- tutes high treafon, is neceffary to the peace of the community— D to ( 34 ) to afcertain and to define accurately what conftitutes a breach of that allegiance, is effentially and abfolutely neceffary to the fecu- rity of all that our anceftors have claimed, demanded, and infifted upon, as the ancient, undoubted rights and liberties of our country. Gentlemen, .the former of thefe objects is fecured by the law and conftitutional cuftom of England ; that law, which alike fecures to you every right, whether it be a right of perfon, or of property. It has made the crown, which his Majefty wears, hereditary, (and I beg your attention to that) fubject to limitation by ParliaT ment. The latter object has been moft anxioufly fee.urpd'by the ftatute referred to in the indictment, which brings forward th*,',; charge, the truth of which you are now to try. Gentlemen, the King having this hereditary crown, the law and cpnftitutipn have alfo afcertained his duties — thpfe duties; which it is incumbent uppn him to execute, for the benefit of the fubject, in the execution of which duties they have aided hini with counfel, and in confideration of which duties they have clothed him with dignity, and vefted him with high prerogatives. With refpect tp the duties pf the King, they attach upon him the inftant he becomes fuch ; from the moment that his title : accrues, in the fame inftant the duty of allegiance (the breach pf which is high treafon) attaches to it; he recognizes thefe as life duties in that oath, to which, throughout this bufmeis, I muft' again call your attention, in that oath which he is bound to take upon him, at his coronation, to promife and fwear " ta govern j " the people of this country," (mark the words, Gentlemen) " according to thejlatutes in Parliament agreed upon, and the laws " and cujloms of the fame ; that to his power he will caufeilaw. < " in juftice and mercy to be adminiftered ; that he will maintain " the laws of God and the true profeflion of religion eftablifhed " by law." Gentlemen, this oath, ftated by that great and venerable con^ ftitutipnal Judge, Mr. Juftice Fprfter, tp be a folemn and a public . recpgnition, not only of the duties of the King, but of the funda mental rights of the people, impofeth jupon him (and throughout this cafe it cannot be too ftrongly recollected, that it impofeth upon him) the moft facred obligation to govern according tp the laws ( 35 ) laws and ftatiites in Parliament agreed upon, according to the laws and cuftoms of the fame, and no other. Gentlemen, addreffing this Couft, which is a court of law, in winch you, the Jury, are fworn to make a true deliverance ac cording to the law of England, can I imprefs it too ftrongly that it cannot be fuppofed by poflibility — not by poflibility-^that the King can, confiftently with his oath, and with the antecedent ' duty recognized in the explicit engagement, the terms of which you have heard, either act, or permit himfelf to act, as King^ according to any rules of government, formed by any bodies of men, affuming any character, functions, or fituationa, thofe rules &f government being meant to operate as laws, thejlatutes agreed upon in parliament and the laws and cuftoms of the fame only excepted* Gentlemen, it feems to me to follow, as a neceffary conclufion from the reafoning, to be addreffed to a court of law, not only tliat thofe, who confpire to remove tlie King out of the govern ment altogether, but that thofe, who confpire to remove him, unlefs he will govern the people according to laws, Which are riot ftatutes in parliament agreed upon, and the laws and Cuftoms of the feme, or as the head of a government, framed and modified by any authority, not derived from that parliament, do confpire to depofe him from that royal ftate, title, power, and government, which the indictment mentions, and to fubvert and alter the rule and government now ejiablijhed in thefe kingdoms. He ought not fo to govern— I fay he cannot fo govern — he is bound to refift fuch a project at the hazard of all its confequences ; he muft refill the attempt ; refiftance neceffarily produces deposition, it endangers- his life. Gentlemen, to that King, upon whom thefe duties attach, the law and conftitution, for the better execution of them, have afligned various counfellors, and refponfible advifers : it has clothed him, under various conftitutional checks and reftridtions, with various attributes and prerogatives, as neceffary for the fup- port and maintenance of the civil liberties of the people : it af- cribes to- him fowreignty, imperial dignity, and perfection : and becaufe the rule and government, as eftablifhed in this kingdom, cannot exiftyir a moment without a perfon filling that office, and able to execute all the duties from time to time, which I have D 2 now ( $6 ) UoW ftated,«it afcribes to him alfo that he never ce'afes to exifr. In foreign affairs, the delegate and reprefentative of his pepple,' he makes War and peace, leagues and treaties : in domeftic con cerns, he has prerogatives, as a conftituent part of the fupreftfe Jegiflature ; the prerogative of raifing fleets and armies : he is the fountain of juftice, bound to adminifter it to his people, becaufe- it is due to them; the great confervator of public peace, bound to maintain and vindicate it ; every where prefent, that thefe duties may no where fail of being difcharged ; the fountain of hpnpur, office, and privilege ; the arbiter of domeftic com merce, the head of the national church. Genrlemerij I hope I fhall not be thought to mifpend youf time in ftating thus much, becaufe it appears to me that the fadtj that fuch is the character, that fuch are the duties, that fuch are the attributes and prerogatives of the King in this country r(all exiftiug for the protection, fecurity, and happinefs of the pebplt ^ in an eftablifhed form of government) accounts for the juft I anxiety, bordering upon jealoufy, with which the law watches, : over his perfon — accounts for- the fact that, in every indictment; 1 the compafling or imagining his deftruction, or deposition, feems to be confidered as neceffarily co-exifting with an intention to fubvert the rule and government eftablifhed in the country : it is a purppfe tp deftroy and tp deppfe him, in whpm the fupreme power, rule,- and gpvernment, under cpnftitutional checks and't limitatipns, is vefted, and by whpm, with confent and advice in fome cafes, and with advice in all cafes, the exercife of this con- i ftitutional power is to be carried on, Gentlemen, this language, the tenor and charge of every in dictment, is moft clearly expreffed by Lord Hale, when he fays that high treafon is an pffence mpre immediateJy againft the per fon and government pf the King : I cannpt ftate it mpre ftrongly to you, or from an authority, the authenticity of which will be lefs queftioned by thpfe, whp are to defend the prifoner at the bar, <- than when I ftate to you the language of one of the counfel for Lord George Gordon upon the laft trial for high treafon ; indeed it is no more than what follpws the law of England, as delivered ; by all thofe great lawyers, whofe authority, I am perfuaded, will not be attempted to be fhaken in the courfe of this trial, when it ftatafc ( 37 ) . '" Hates this principle thus— " to compafs or imagine the death of " the King, fuch imagination or purpofe of the mind, vifible only '¦'. to its great Author, being manifefted by fome open act, an if' ismtution obvioufly directed not onlv to the fecurity of his ." natural perfon, but to the liability of the government, the life " of the Prince being fo interwoven with the conftitution of the " ftate, that an attempt to deftroy the one is juftly held to be a " rebellious confpiracy againft the other." Gentlemen, it will be my duty to ftate to you prefently what is in law an attempt againft the life of the King. It feems, therefore, that when the ancient law of England (and I would beg your attention to what I am now ftating to you) that when the ancient law of England was changed, which, even in the cafe of a fubject, held the intent to kill homicide, as well as, in the cafe of the King, the intent to kill or depofe, without the fact, where a meafure was taken to effectuate the intent, treafon, with a difference however as to the nature of the acts deemed fufficient, in the one cafe, or in the other, to manifeft the one or the other intent, that, to ufe the words of a great and venerable authority, I mean Mr. Juftice Fofter, " it was with great propriety that the " ftatute of treafon retained the rigour of the law in its full extent *' in the cafe of the King. In the cafe of him, fays he, whdfe life " muft not be endangered, becaufe it cannot be taken away by " treafonable practices, without involving a nation in blood and " confufion : levelled at him, the ftroke is levelled at the public *' tranquillity." Gentlemen, that it may be fully underftood what it is that I have to contend for in the courfe of this trial, I put you in mind again that I have before ftated that, as it is abfol.utely neceffary to the fecurity of individuaJs, not lefs neceffary to the fecurity of individuals, than it is neceffary to the fecurity of the nation which they compofe, that the perfon and government of the King fhould be thus defended ; On the other Jiand, for the fecurity of the fub ject, it is equally neceffary that the crime of high treafon fhould notbe indeterminate, that it1 fhould not be unafcertained, or un defined, either in the lay/ itfelf, or in the conftruftion to be made of that law. D 5 Gentlemen, ( 3« ) Gentlemen, this neceflity is not to be collected merely in this country from reafoning, though it may obvioufly enough be Col lected from reafoning ; the experience of your anceftors has in formed ypu,' I admit it, and I beg to prefs it upon your attentipn, as much as any man in this cpurt can prefs it upcn your attentipn, the experience pf ypur anceftors has informed ypu in the juft and -bitter cpmplaints which are to be found in their annals, qf the periods, in which no man knew how he ought to behave himfelf, to do, fpeak or fay, for doubt of pains of treafon, in the anxiety with which the ftatute of Edward III. feferved the judgment of all treafons not there exprefsly fpecified — " that the juftices " fhould tarry without going to judgment of the treafon, till the 4t caufe be ftiewed and declared before the King and his parlia- , " ment ;" in the expreflive language, which our anceftors have ufed, when the provifions of the ftatute of Edward were firft in troduced into the code of law under which we live, and of thofe ftatutes, by which -treafons were brought back to the provifions of that ftatute, the experience of your anceftors, thus handed down to you, has demonftrated this neceflity. I admit too (and my treating the fubject thus in the outfet may ultimately fave your time) that before the ftatute was made, upon which thein- dictment proceeds, the fecurity pf the fubject was not fufficiently provided for, I admit that fecurity is not fufficiently provided foyij now, if conftruction can be allowed to give an expofition to the ftatute, which the legiflature did not intend it fhould receive. Gentlemen, upon each of thefe heads it was neceffary for me to trouble you with fome, and but with a few obfervations. That the law of treafon fhould be determinate and certain, | though clearly neceffary for the fecurity pf the fubject, is not mpre neceffary for their fecurity, than that there flipuld be a law of treafon, and that this law fliould be faithfully, dulv, and firmly executed. Gentlemen, every ftate muft have fome form pr regimen of gpvernment ; in other words, it muft determine by whom, and under what modifications, the fovereign power is to be exercifed in the country ; for no government can exift, unlefs this power is placed fomewhere : and the attempt to fubvert that power is, ill the nature pf the thing, an attempt to fubvert the eftablifhed government^ (" 39 ) government. It" is of neceflity that an attempt of this fort fhould be guarded againft, by feverer penalties than offences, which being breaches of particular laws, do not endanger the very exiftence of the ftate itfelf, which do not involve, in the deftrudtion of the ftate, the deftruction of all laws, but which leave the law, though violated in particular cafes, fufficient, in general cafes, for the protection of the perfonal fecurity, the! liberty and happinefs of the fubject. Gentlemen, this is alfo the reafonings of that great Judge, wliofe name I before mentioned to you, my lord Hale — " The " greatnefs of the offence* he fays, and the feverity of tlie " punifliment, is upon thefe reafons: — Firft, becaufe the fafe- '.' ty, peace, and tranquillity of the kingdom is highly con- " cerned in the fafety and prefervation of. the perfon, dignity, " and government of the King, and therefore the laws of the " kingdom have given all poflible fecurity to the King's perfon " and government, and under the fevereft penalties." Gentlemen, to defcribe this great offence with precifion and accuracy, was what the legiflature in Edward's time propofed, when they enacted the facred ftatute, upon which this indict ment is founded ; that ftatute was made for the more precife definition of this crime, which, by the common law, had not been fufficiently extended, and " the plain unextended letter , '¦' of it," you will mark the words, " the plain unextended " letter of it was thought to be a fufficient protection to the '.' perfon and honour of the Sovereign ;" but not only to the perfon and honour of the Sovereign, but " an adequate Jecurky *' to the laws committed to his execution," Gentlemen, in addrefling a jury in a court of law, fworn to make deliverance according to that law, which conftitutes the court in which they fit, there are two propofitions, which appear to me to be alike clear :— -The firft is that I ought not, that I cannot dare to call urion you to fay, that there has been com mitted under this ftatute any -offence, if the facts of the cafe to ¦ be laid before you, by plain, manifeft, authorized interpretation of the ftatute, do not conftitute an offence under it — if the ' ftatute fhould feem to any man, or to yon, not tb be a fufficient and adequate fecurity to the perfon and honour of the Sovereign, D 4 and ( 4o ) and the due execution of the laws, it is neverthelcfs' all the fe curity which the law has authorized you to give them, and God for bid that you fliould think of giving more. On the other hand, you are bound by your oaths, if this law has been violated in fact, if the fact of violation is proved by evidence, convincing in its nature, and fuch in its form, as the law requires (for the law in this cafe requires not only convincing, but formal evi dence) then you are bound to give to the perfon and honour of the Sovereign, arid to the laws of your cpuntry, that protection^ which a verdict, afferting in fubftance that the ftatute bas been. violated, would give, and which the ftatute intended fhould be given. Gentlemen, men of honour and of confcience, ' acting under the fanction of the oath that they have taken; muft come to the fame conclufion, judging of the fame facts, by the fame law, whatever their principles of government may be, unlefs they -" differ upon the effect of the facts laid before them. In the trial of a perfon, whofe name I fhall have abundant reafon to men tion to you in the courfe of this proceeding, I mean the author of the Rights of Man, charged with a libel againft the monarchy of the country, it was judicioufly, truly, juftly, and ftrongly ad mitted in effect., that, if the Jury had been compofed (if there ' are twelve fuch men in this country) of Republicans, wifhing to overturn the government of the country, yet adminiftering the law of England, in a court of Englifh law, if they were con vinced that the crime had, alluding to that law, been com mitted, no man would have the audacity to fay they could be capable pf that crime againft the public, to think for a moment of not coming to the conclufion, which the facts called for, according to the law by which they were fworn to decide upon the matter before them. Gentlemen, the ftatute uppn which this indictment proceeds, is tp the follpwing effect — it ftates, (and it ftat.es moft truly) " That divers opinions had been liad before this time," that is, -the 25 Edward III. " in what cafe treafon fhould be faid, and in «' what npt, the King, at the requeft of the Lords and of the •' Commons, hath made a declaration in the manner as here- " after ( 41 ) 48 after followefh, that is to fay, when a man doth compafs or " imagine the death of our Lord the- King, or of our Lady his " Queen, or of their eldeft fon and heir ; or if a man do violate " the King's companion, or the King's eldeft daughter, un- " married, or the wife of the King's eldeft fon and heir ; or " if a man do levy war againft our Lord the King in his realm, " or be adherent to the King's enemies in his realm, giving to " them aid and comfort in the realm or elfe where, and thereof " be provably attainted"- — by which words I uftderftand be at tainted by evidence, that clearly and forcibly fa tisfies the minds and confciences of thofe who are to try the fact — " attainted of " open deed by people of their condition." — Then there is this, to which, you will be bound to give your attention for the fake of the prifoner, as well as for the fake of the public, the in- terefts of both being blended in this great caufe—" And b&- " caufe that many other like cafes of treafon may happen in " time to come, which a man cannot think nor declare at " this prefent time, it is accorded that, if any other cafe, fup- " pofed treafon, which is not above fpecified, doth happen before " any juftices, the juftices fhall tarry without any going to »' judgment of the treafon till the caufe be fhewed and declared " before the King and his parliament, whether it ought to be. *' judged treafon, or other felony." Gentlemen, I defire to point out here, in the moft marked way in which I can ftate it, the anxiety, with which the parlia ment wifhed to preferve to itfelf the judgments of treafons, not being the fpecified treafons in the ftatute, but being like treafons, tnofe, which by a parity of reafoning, might be faid to be trea fon. They would not truft the fubjects of the country in the hand of any court of juftice upon that point. I mark the cir- cumftanee, becaufe it appears to me to give a degree of au thority to the law of England upon the fubject of treafon, and to the conftructions, which have been made upon it, and to the diftinctions, which have been made between like treafons, and overt acts of the fame treafon, that perhaps does not belong to conftructions and diftinctions adopted in the courfe of judicial proceedings upon any other law in the ftatute book. Gentlemen, ( 42 ) . Gentlemen, having read the ftatute to you, it is not unim* portant, as it feems to me, to obferve that Lord Hale and Mr. Juftice Fofter, who have ftated the judicial and other expofi- rions of this ftatute, have ftated them, and have expounded the ftatute, under the weighty caution, which they moft powerful-' ' ly exprefs : under the folemn protefts, which they moft ftrongly ftate, againft extending this ftatute by a parity of reafon. This circumftance alone appears to me to give infinite authenticity to the expofitioris, which they ftate of it, as found, and as being fuch, as according to the interpretation, which the legiflature in Edward the third's time meant, fhould be put upon this ftatute. Gentlemen, I think it may alfo fave your time, and that of the Court, if I trouble you here by reading, before I ftate to you the expofitioris of the ftatute, which Lord Hale has given us, deducing them from judgments which had been actually made in the hiftory of the country, the language which he holds, as defcribing the obligations, which courts of juftice, and men looking at this ftatute for the purpofe Of executing it, are under, tb conftrue it according to the real fpecified 'meaning, not by a parity of conftruction as to the treafon itfelf, when they came to conftrue it. Lord Hale ftates it thus—" Although the crime of high !' treafon is the greateft crime againft faith, duty, and human " fociety, and brings with it the greateft and moft fatal dangers " to the government, peace, and liappinefs of a kingdom or " ftate, and therefore is defervedjy branded with the higheft -" ignominy, and fubjected to the greateft penalties that the " law can inflict, yet by thofe inftances" — he is ftating thofe that had occurred before the ftatute of Edward III. and be tween that and the firft of Henry IV.—" Yet by thofe in- " fiances, and more of this kind that might be given, it ap- " pears— firft, bow neceffary it was that there, fhould be fome " fixed and fettled boundary for this great crime pf treaton* " and of what great importance the ftatute of the 25th pf Ed- " ward III. was in prder tp that end ; fecondly, how dangerous " it is to depart from the letter of that ftatute, and to multiply "and ( 43 ) M and enhance crimes into treafon by ambiguous and general " words — as accroaching of- royal power, fubverting of fun* " damental laws, and the like ; and thirdly, how dangerous it " is by conftruction and analogy to make treafons, where the ¦*' letter of the law has not done it, for fuch a method admits of *' no limits or bounds, but runs as far as the wit and invention " of accufers, and the odioufnefs and deteftation of perfons ac- *' cufed, will carry men." In another paffage, after having given his comment upon this ftatute — after having ftated what are the overt acts, which fall within the letter of it, and the found interpretation of it, he fays, " It has been the great wifdom and care of the parliament " to keep Judges within the hounds and exprefs limits -of this " act, and not to fuffer them to run out upon their own opinions *' into conftructive treafons, though' in cafes that feem to have *f a parity of reafon, (like cafes of treafon) but referVes them to *' the decifion of parliament. This is a great fecurity as well *' as direction to Judges, and a great fafeguard even to this facred " act itfelf; and therefore, as before I obferved in the chapter *' of levying of war, this claufe of the ftatute leaves a weighty " memento for Judges to be careful that they be not over hafty " in letting in conftructive or interpretative treafons, not within *' the letter of the law, at leaft in fuch new cafes as have not " been formerly exprefsly refolved, and fettled by more- than *' one precedent." ' Gentlemen of the Jury, I am perfuaded, as tliofe were per- fuaded who conducted the defente of lord George Gordon, that we live in days, in which the Judges of the country neither have the inclination nor the courage to ftretch the law beyond its limits. I think myfelf bound to ftate that, and thofe, who dare to ftate the contrary in any place, do not do the juftice to country, which is due from every individual in it. Gentlemen, having ftated thus much to you, I now ftate, in order to be perfectly underftood, that I do moft diftinctly difavow making any charge of covjlruclive treafon ; that I do inoft diftinctly difavow ftating in this indictment any like cafe "J f 4* > 'pf trtafoii, not fpecified in the ftatute; that I do moft diftinctly difavow ftating any thing that can be called cumulative treafon, ' or analogous treafon ; that I do moft diftinctly difavow en hancing any thing, by u parity of reafon, into treafon which is not fpecified in that Jiatute ; that I do moft diftinctly difavoW enhancing crimes of any kind, or a life fpent in crimes, if you chufe fo to put it, into treafon, if it be not treafon fpecified in the Jiatute, and the queftion between us I ftate diftinctly to be this — whether the defendant is guilty of a treafon Jpecifiei in the Jiatute, and whether the evidence that is to be brought be fore you amounts to that proof, that will be fatisfactory to your minds and confciences, your minds and confciences being pre pared tp admit np proof, but what you think you ought to receive under the obligation of an oath, proof high enough j that he may be probably attainted of open deed, of a treafon fpecified in the ftatuter Then, Gentlemen, to ftate the charge to you : — The in dictment charges the defendant with compafling and imagining the King's death, and with having taken meafures to effectuate that purpofe. — Now, that it may be thoroughly underftood, ypu will permit me tP ftate tp ypu here, that there is npt only \ a manifeft diftinction in reafon, but a fettled diftinction in the courfe of judicial practice, fettled for no other caufe but that it was a manifeft diftinction in reafon, between — " like cafes of " treafon," conftructive, analogous, or cumulative treafons, and various overt acts of the fame treafon. Gentlemen, whether the acts laid as overt acts of treafons, fpecified in the ftatute, and fpecified in the indictment, amount, in all their circumftances, to an open deed, or deeds, by which a perfon may be provably attainted of the fpecified treafon, is the queftion which a Jury are to try. To explain myfelf upon this, I take it to be clear, and I will npt, in this ftage pf this bufinefs at leaft, enter intp the difcuffipn pf what I call the clear and efta blifhed law of England, becaufe I will not, in a cafe of high treafon, any mpre than I wpuld in a difpute abput the eftate pf any Gentleman whp hears me, for the purpofe pf arguing ppints, 7 enter ( 45 ) enter into dlfcuflions upon what I take to be the clear andeftablifhet! law of England, and" not only the fecurity of the fubject in this refpect, but the fecurity of the fubject in ho refpect, in his per fon, his -life, or his'propertv, can be taken to exift in this coun try, if I am not as fully authorized to ftate to you, with as much confidence, what the law is, in cafe of treafon, from the decifions, which for centuries have been made in courts refpecting it, as I am to ftate to you, from decifions of courts refpecting property, what the law of property is ; I fay I take it to be clear that de- pofing the King, entering into meafures for depofing the King, confpiring with foreigners and others to invade the kingdom, going to a foreign country to procure the invafion of the kingdom, or propofing to go there to that end, and taking any ftep in order thereto — confpiring to raife an infurrection either to dethrone the King, imprifon the King, or oblige him to alter his meafures of government, or to compel him toremove evil cOunfellors from him, are and have all been held, as Mr. Juftice Fofter fays, to be deeds proving an intent to do that treafon, which is mentioned in the ftatute to be overt acts of treafon in corhpafling the King's death. It .would be very extraordinary if thefe great judges, Fofter and Hale, after holding the language they have ftated, were to be re- prefented by any man, as not acting themfelves under the effect and influence of that weighty memento, which they held out to thofe, who were to fucceed them in the feat of judgment; yet I ftate all this to you in the words, in which thefe learned judges have handed dpwn the expofition of the ftatute, who would have fuffered deatli, for they both valued the liberties of their country, before they would have charged " a like cafe of treafon" in an indictment, and yet they -have concurred (as all the judges of England have done, and the parliament into the bargain) in the conftruction and expofition of the ftatute, (and in fact execu tions have been made upon it), that all thefe things are overt acts of the fame treafon, that is fpecified in the ftatute. What is the reafon of it ? becaufe the law holds that he, who does an act, meaning to do it, which may endanger the King's life, compaffes and imagines the death of the King, if he does an act which may endanger his life, if, in the ordinary courfe of things, and, ac cording ( 46 ) cording to the. common experience of mankind, the rneafu.f4 which he takes, in purfuance of a purpofe to take it, will bring the King to his grave. This therefore is not raifing conftructive treafon., it is not raif ing treafon by analogy, it is not ftating " like cafes of treafon" not fpecified in, but refer-ved by the ftatute to the judgment of parliament, but it is ftating overt acts, which are meafures taken in purfuance pf treafonable purpofes, which rneafuijes muft- ne- ceffarily be as various in their kinds, as the ways and means, by which, in facts and ppen deeds, taken in purfuance pf its purppfes, the human heart manifefts its intent to. commit fome pne or other of the treafons fpecified in the ftatute. Gentlemen, the referving claufe in the act is extremely mate rial ; and, if cpurts and juries have done wrong in the manner in whicli they have executed this ftatute, if the interpretatipns, which they have made of the ftatute, are not right, they have done it againft a prohibition in the ftatute, which they were called upon by their oaths duly to expound, andthey have done it in the prefence and under the eye of that parliament, which had exprefsly forbidden them to do it. I fay the conclufipn upon that is, that they have dpne it rightlyi. Gentlemen, the judgment of the courts of law are in this country perfectly familiar to parliament. Acts have been made, pver and over again, in order to bring back the expofitions of the law to tlie true conftruction, to the letter, which is the true con ftruction, in a found judicial fenfe, to bring it back again to the ftatute of Edward III. ; but we have lived to this hour without parliament thinking that they were to make fo perfectly a dead letter of the letter of the ftatute, as that they fhould fay that an overt act, which expreffed and imported the imagination of the mind to do .the treafon fpecified, flipuld npt be taken to he an act of high treafon within the ftatute ; becaufe the ftatute onl# mentions the thing which is to be corapaffed and imagined, and does not mention the ways and means, by which the human heart may fhew and manifeft that it dpes cpmpafs and imagine what the ftatute fpeaks pf. Gentlemen, this is npt all, becaufe this is npt pnly accprding to the law of England, as it is adminiftered, in courts of jufticej 8 • but ( 47 ) but alfo to th,e proceedings in parliament, which are a parliament tary expofition, if I may fo ftate it, of the law. Proceedings iu parliament have been had, where the ftatute has been thus con- ftiued, and where this diftinction that I am ftating between overt ^cts of the fpecified treafon and the " like cafes of treafon," ha? been exprefsly taken, exprefsly acted upon, propofed by one houfe of the legiflature to the other houfe, and a£ted upon by the crown in executing the fentences of that houfe. Gentlemen, the diftinction then is only this — " a lilcecafe of " treafon" is a cafe of treafon not fpecified in the ftatute, a cafe of the like mifohief, as a cafe fpecified in tlie ftatute ; but tlie identical; cafe fpecified in the ftatute muft be before you, or, to avoid all difpute upon the fubject, I fay, if it is a cafe that is not fpecified in the ftatute, it is a cafe that muft be fhewn to parliament according to tlie directions of the ftatute ; but that facts alike in their nature, that open deeds alike in their nature and tendency, liowever various in their circumftances, may prove the fame intention to exift in tlie minds of thofe who do them, and may, be meafures, taken in purfuance of the fam.e purpofe, and to effectuate the fame thing, is a diftinction that appears, to my mind to be perfectly obvious. Gentlemen, I conceive therefore that the queftion of com pafling the King's death is this — whether the jury are fully fatis- fied, confeientioufly fatisfied, that they have that evidence, by vvhicli they find that, the acts, laid as overt acts of compafling the particular fpecified treafon mentioned in the indictment, wer^ meafures taken in purfuance of and to effectuate tiiat treafori fpecified at once in the ftatute, and in the indictment. Gentlemen, IproteftformyfeJf I am forry to trouble you thus much at large by general. reafoning, but you will find that it has an application, and a clofe application to the cafe ; this is an im portant public caufe, and therefore we fliould be thoroughly un- derftood. I cannot underftand what conftructive overt acts mean, though I do underftand cpnftructive treafons. Levving war againft the- King,, not againft his perfon, but againft his royal majefty, is conftructive treafon ; that is, if men affemble together without any intent to do, an act, which in the natural confequence of things will affect the King's life, fuch as pulling down ( 4» ) Jo*n all prifons or hpufes of any other defcription, that Js con* ftruttive treafon, it being, by conftruction, as Mr. Juftice Fofter fays, againft the King's royal majefty, not levied againft his per fon ; not one of the acts of a more flagitious kind, wilfully done or attempted to be dpne, by which the King's life may be irt danger, but which are levelled againft his royal majefty ; thefe have by conftruction been held to be treafon : but even thefe the legiflature has never confidered as not authprifed by the letter of the ftatute ; thefe they have permitted to be proceeded upon in the country as found decifions and conftructions upon the act of par liament : many have been convicted upon them ; execution hath folfowed ; and np pne hath ever doubted either the law or the jufticil of thefe determinatipns. But, as to conftructive overt acts of com pafling and imagining the death of the King, .where the indict- 1 ment Jays the imagining and compafling as the pffence, the pvert act is not conftructive, the ftep taken to effectuate it muft be fuch an act, wilfully and deliberately done, as muft fatisfy the confcience of a jury, that there was an intention, by depofing, or otherwife, to put the King in circumftances, in which, accord ing to the ordinary experience of mankind, his life would be in danger. Gentlemen, I have before ftated to you, for another purpofe, various acts, which are overt acts of compafling the King's death. I will repeat them fhortly: " Depofing him, — entering into ' " meafures to depofe him, — confpiring to imprifon him"— which you obferve is an act that may be done without an actual intent to put him to death, — a man may confpire to imprifon the King without an actual intent to put him to death, but you will find the reafon why that is held to be compafling and ima gining the death of the King with the fanction of all times fince this ftatute of Edward III. and with the fanction of every fpecies of judicial authority, which the cpuntry cpuld give ; " to get his " perfon into tbe power of confpirators" — Why is all this treafon ? " becaufe," fays Mr. Jufticfe Fofter, " the care, which the hyr *' hath taken for the perfonal fafety of the King, is not confined " to actions or attempts of a mpre flagitious kind, fuch as at- «' tempts either to affaflinate, pr to poifon, or pther attempts di- " rectly and immediately aiming at his life ; it is extended to " very t 49 1 "-every thing, wilfully and deliberately done, or attempted* " whereby his life may be endangered, and therefore the enter- " ing into meafures tor depofing,' or imprifoning him, or to get " his perfon into the power of the confpiratbrs, thefe offences are " overt acts of treafon within this branch of this ftatute, for ex- " perience hath fhewn that between the prifons and the graves of " Kings the diftance is very final]," and experience has not grown weaker upon this fubject in modern times: Offences, which are not fo perfonal, as thofe already mentioned, have been, with great propriety, brought within the fame rule, as having a tendency, though not fo immediate, to the fame fatal end. Lord Hale upon this fays, " though the confpiracy be not " immediately, and directly, and exprefsly tlie death of the King,. " but the confpiracy is of fomething that in all probability muft " induce it, and the overt act is of fuch a thing as muft induce it, " this is an overt act to prove the compafling the King's death." The inftance he gives, as expofitory of his text is this : " If men " confpire to imprifon the King by force and a ftrong hand till " he hath yielded to certain demands, and for that purpofe gather " company or write letters, this is an overt act to prove the " compafling of the King's death." What is the reafon ? 'he gives the fame in fubftance, though different'in the terms of it, 'as tliat which has been affigned by Mr. Juftice Fofter; " for it is in " effect to defpoil him of his Kingly government." Thefe 'are the words of Lord Hale ; and, though the reafons given by Lord Hale and Mr. Juftice Fofter are different in words, they are the fame in fubftance : it may be faid, with equal truth, between defpoiling a King of his Kingly government and the graves of Kings the diftance is very fmall. Imprifonment is the fame as depofition, -and' he who compaffes the depofition of the King, ac cording to all judicial conftruction, compaffes his death ; it is the fame as depofitipn, becaufe it is a temporary defpoiling him of his Kingly government, which, according to this interpretation of the law, ufually ends in death. i Gentlemen, offences not fb perfonal as thofe entirrtefated fall within the fame rule, as having a tendency to the fame fatal end : if foreigners are not at war witli you, the offence of going into a foreign country, or propofing. to go there, or taking arty vftep E thereto f 5° > thereto in order, tp invite foreigners into this kingdom for a trea fonable purpofe, can pnly fall within that branch of treafon of compafling the King's death : if they are at war with ypu, then the fame act ampunts to anpther fpecies pf treafon, which is an " adhering to the King's enemies;" and perhaps ypu will find that the cafe I have to ftate is not without pregnant evidence of this fpecies of overt act. , , Gentlemen, having ftated thus much to you, I proceed now to confider the indictment, and what I have ftated; before I men tioned the fubftance of the indictment, I have ftated to lay in my claim to full credit with you, when I fay, that no man living can wifh to exprefs to ypu mpre ftrongly than I wifh to do (we have indeed, each pf us, as great an iutereft in the true cpnftructlpn of this law, as any other man can have in it), that the law of treafon,1- in confidering the charge, that I have brought before you under the Command, that has authorifed me to bring it here, muft not be extended one fingle iota beyond what is the eftablifhed law in this country, as eftablifhed as the law is, that fays that the pro-'' perty, that you bought yefterday, you may give to whom you pleafe to-morrow. Gentlemen, the indictment, finding feveral perfons entitled' to be tried feparately, though indicted jointly, combined in a particular act, which I will ftate by and by, has charged them with compafling the King's death : ithas then proceeded, becaufe the compafling and imagination of the heart cannot be known to man — and theremuft be an overt act to manifeft it — ithas charged^ them with meeting among themfelves to caufe and procure a con vention of divers fubjects of the King to be held within this king- , dom, and not only a convention to be held within the kingdom,!^ but to be held with intent and in order that the perfons to be af- \ fembled at fuch convention and meeting Jhould and might, wickedlyi and traitoroujly, without, and in defiance of the authority, and'againjl the will of the parliament of this kingdom, fubvert and alter the legiflature, rule, and government, ejlabljhed in it, and depofe the King from the royal ftate, title, power, and government thereof. It then charges them with having compofed, written and publifhed, and caufed to be compofed, written, and publifhed^ divers books, pamphlets, letters, inftructions, refolutions, orders, declarations, addreffes and writings, fuch books, pamphlets, let- ; 6 . ters, ( it ) ters, inftructions, refolutions, orders, declarations, addreffes', and writings, fo refpectively compofed, written, publifhecJ, and caufed to be compofed, written, and publifhed, purport ing and containing therein (among other things) incitements, encouragements, and exhortations, to move, induce, and per- fuade tlie fubjects of the King to choofe, depute, and fend per fons, as delegates, to compofe, not a convention, but such a convention and meeting, that is, a convention to aU in the manner that the firft overt- aii has Jlated it, to he holden Jor the traitorous purpofes before mentioned. It then ftates, as a third Overt act, confutations among them, how, when, and where, fuch convention and meeting fhould be affembled, and held, and by what means the fubjects of the King might be induced and moved to fend perfons as delegates to conftitute it. It then charges, that thefe perfons did confent and agree, that Mr. Joyce and feveral other perfons named, fhould meet, con fer, and co-operate among themfelves, and with other traitors, to caufe the calling and affembling fuch convention and meeting for fuch traitorous purpofes. It then charges the providing of arms, of different defcriptions, for thefe purpofes ; and then it charges a confpiracy to make war in the kingdom, and it charges a confpiracy to fubvert and alter the legiflature and government of the kingdom, and to depofe the King ; that is, as I underftand it, that, if you fhould not be fatisfied that the calling fuch a convention, as is mentioned in the firft part of the indictment, was a mean to effectuate that compafling and imagination, which is mentioned in the in troductory part of the indictment, yet you will find in the evi dence, which is to be laid before you, even if you pay no at tention to that circumftance of calling a convention, fufficient evidence of a confpiracy to depofe the King. It then ftates again, that they publifhed feveral books, and other matters of the fame kind, in order to bring about the traitorous purpofes laji mentioned ; and charges, as a further overt act, providing arms for that purpofe. Now, Gentlemen, having before ftated to you, that a confpi racy to depofe the King, and I have not ftated it to you in my E 2 own 'own words, but in the words of the authorities -I mentionej, "that a confpiracy to depofe the King, that a confpiracy to im prifon the King, a confpiracy fp' procure an invafion, with fteps 'taken to effectuate fuch a confpiracy, (a confpiracy indeed itfelf being a ftep for that purpofe,) is treafon, you will obferve that, in this indictment, a confpiracy to depofe the King is exprefsly charged, and, I think, it will be clearly proved. If a confpiracy to depofe the King be an overt act of high treafon, permit me then, to afk you, what can a confpiracy to fubvert the monarchy of the Country, including in it tbe depofition of the King, be, •but an overt act of high treafon ? In the object of fuch a con fpiracy the King is neceffarily involved, and it is already fhewa-, that confpiring to depofe him is compafling his death. . Gentlemen, read as you are in the hiftory of the country, give me leave to afk you, if meafures had been taken, after the Revo lution, to effectuate a confpiracy to dethrone King William, and to reftore King James, without all dpubt, the meafure taken, Would have conftituted the crime of high treafon within the 'claufe of Compafling the King's death, although the confpirators »; could have been fhewn fatisfactorily to liave no more meant the actual natural death of King William, than they meant the actual natural death of King James, whom they intended to re place Upon the throne — but what fays the law to tliat — the law fays yon cannot mean to depofe the King without meaning to ] endanger his "life, and, if you mean to endanger his Iife,i yoii' '"muft abide the confequences of it. . Put it another way— .If the project had been to depofe the fame King William, and meafures had been taken upon it — not, with a view to bring back to the throne King James II, but merely to fend back King William to his former character of , Prince of Orange, and not to reftore King James, but to reftore a a Commonwealth, which is, what I think, I fhall fatisfy you, | thofe, who are charged by this indictment, meant by " a full ," and fair reprefentation of the people," whether you call it "a " full and fair reprefentation of the people in parliament," or do .not ufe the words " in parliament," can a lawyer be found to fay that it could be ftated in law that it is not high treafon? I don't ( 53 ) don't knpw.what may not be ftatedV-^all that I mean -to fay ..at, prefent is, that according to the beft lights which I can get of thg l#w — finder which I have lived, it does not appear to me to be pro-. bable, that any man will fo ftate it. Far be it from me, how ever, to have the vanity to fay that (avowing that I fliould certain ly not think of encountering the current authorities of the coun try for centuries,) I am, without die poflibility of contradiction, ftating that I am following the authorities of the country for cert; turies ;. but I am ready to fay this, that I, cannot cOnceive of imagine by what fpecies of reafoning, or upon what principle, or upon what authority, it is to be contended, that this would not have been high treafon. Gentlemen, take it another way. If the regicides of King diaries I. had been tried for compafling the death of King Charles I. fuppofing they had only depofed him, inftead of put ting him to death, could they have contended, that, though they would have been guilty of high treafon, if they had placed an other individual upon the throne, (which would have been alike to the cafe I have put of confpiring to put James in the place of William) could they, have contended then, that they were not guilty of high treafon, becaufe they depofed tlie King, without fubftiruting another King in his place, and becaufe they left the government to be filled up by the Commonwealth without a King? Give me leave to afk another thing — Suppofe it had happened after King William came to the throne, that not thofe events, that did actually happen, took place, but that any fet of men in this •country fhould have ventured to meet in a convention of dele7 gates from affiliated focieties, for the purpofe of depofing King William, under pretence of affembling a convention of the people, Iiaving, or claiming tJie civil and political authority of the country, and intending to have no King in the country, would it liave been pcflible in King William's time to have con tended, becaufe they met, under pretence of being a convention of the people, affuming to themfelves civil and political author rity, and with fuch meaning, that tlie con/piracy was not as E 3 completeJy ( 54 ) completely a compafling the- death of King William, as if the confpiracy had been, by the fame perfons, in the cafe of affiliated focieties, forming the like convention of delegates, to bring King James again to the throne? If I levy war in this country againft the King, with intent to bring another upon the throne, I am guilty of high treafon. If I levy war, that is an Overt act of compafling the King's death. If I ccnfpire to levy direct war, that is a cpmpafling the King's death, unlefs all the branches pf the legiflature have put a man to death uppn an error. If I holda fortrefs againft the King to put anp her upon his throne, I am guilty of high treafon. Am I guilty of no offence if I do the fame acts, not for the purppfe of continuing the monarchy of the country in another perfon, but for the purpofe of deftroying the mpnarchy aJtogetber? What is this but dping an act invplving in it high treafon, and more ? High treafon in depofing the King ! more-— in bringing about all that additipnal anarchy, which we know, which thegj experience cf mankind proves to be confequent upon the change, . where the change is npt pnly pf the perfons whp adminifter the gpvernment, but pf the government itfelf, if dejlrutlion can be called change P Gentlemen, to affert therefore that meafures, taken for a total fubverfipn of the monarchy of the country, including in it an intention to depofe the King, (mark the words, I ftate, includ ing in it an intention to depofe the King,) are not overt acts of compafling the King's death,' merely becaufe the ftatute of Edward III. has not included all pvert acts in wprds, but has left to juries to determine what are overt acts, by which they can probably attaint — to affert that the ftatute does not include the cafe, becaufe it is compafling the. death of the King, and more; t if this were to be afferted in a court of juftice, (what is aflerted * out of a court of juftice no man pays much attention to,) I fhould certainly fay of it, that it was the affertion of thofe who had ill confidered the law, and if afferted put pf a cpurt pf juftice, and with a reference to what is to be done in a Court of Juftice, I fhould fay it delpryed tp have" an obfervation of a harlher kind {Bade upon it, This ( 55 ) < -This indictment, befides charging a confpiracy to depofe the King, in exprefs terms, of which I fliall infift before you there is abundant evidence, charges a confpiracy to call a convention againft the will, in defiance of, and againft the authority of par liament, for the purpofe of depofing the King ; it charges further acts, namely, that they caufed to be compofed and written divers books, pamphlets, letters, inftructions, refolutions, orders, decla rations, addreffes, and writings, containing incitements, induce ments, and exhortations, to move, feduce, and perfuade the fubjects of the King to fend delegates to fuch convention, as to which I fay of many of them, though I did not know their real character till I had feen them altogether, that they are both overt acts, and evidence of overt acts of high treafon. Now, before I ftate to you the particulars of the evidence, I am afraid I muft, however painful it is to me to afk fo great a portion of your attention, trouble you with fome general obfer- ¦ vations, that I think will have a tendency to render intelligible to you the complicated mafs of evidence, which I have to lay be fore you. Gentlemen, the Convention, meant to be called by thofe who are charged with the confpiracy in this indictment, was, as I col lect from the effect of the evidence, a convention of perfons, wlio were to affume the character of a convention of the people, claiming, as fuch, all civil and political authority, propofing to exercife it by altering the government, otherwife than by acts of the prefent conftituted legiflature, otherwife than by thofe fta- tutes, according .to which the King has fworn at the hazard of Ills life to govern. Gentlemen, if this is made out, it appears to me to follow ne- ceffarily on the part of all who took a ftep to affemble it, that they are guilty of a confpiracy to depofe the King, to depofe him from the character, which he holds in the conftitution of the fo- vereign power of this kingdom, as by law eftablifhed, that law by which, I again repeat to you, lie is fworn to. govern. Gentlemen, if they confpirsd to affemble in a Convention, wliich was of its own authority, and againft the will of the le- gifbtu'r,e, and in defiance of it, to act as an affembly to confti- E 4 tute f 56 )'. tu-te a government, ,and to affume fo far fovereign power, it is, I conceive, according to the law pf England, a confpiracy to de pofe from the fovereignty him, who, under the reftraints of the conftitution and the law, now holds that fovereignty. There cannot be two fovereign powers in a ftate ; there may be a com plication of authorities vefted in a great variety of perfons, making up one fovereign power, but there cannot be two fovereign 1 powers in a ftate : it is imppflible. If a meeting affembled, as a cehventipn of the people, arrogating to themfelves all civil and political authority as fuch, and meaning to exercife it, one or other of thefe confequences muft follpw: the King and the par liament muft be pbedient to the meeting, pr th,e meeting, affem bled as a cpnventibn, muft be pbedient to the King and parlia^ ment : if the meeting is to be pbedient to the King and parlia ment, it cannPt effect its purpofes; it is imppflible ; if itspurpofei be to depofe the King, I fay, a cpnfpiracy to call fuch a meeting is an overt act pf high treafon. Gentlemen, I beg your attention to my expreflions; if the** meeting means to oblige tlie King and parliament to be obedient to them by the exertion pf open force, though it may not effect: its purpofe, that makes no difference, the law muft be the fame — I may be wrong perhaps in ftating the law, but it appears to me that the law muft be the fame if the meeting projects the pur-, pofe, whether the force of the meeting is fufficient to effect the - purpofe or not. This I fay is a confpiracy to affume the fovereign power : it is ji confpiracy therefore of neceflity meant to depofe the exifting power, and of neceflity to. depofe the King. I fay meant to de- ! pofe, for I repeat it, that whether the confpiracy is fuccefsful or, not, is immaterial. . Gentlemen, though the particular fact of calling fuch a con vention, now alledged as an overt act of treafon, may be repre-- fented to be new in the hiftory of this country, it is not there fore, and becaufe it is new, oniy inafmuch as it is more than ordinarily audacious, lefs an overt act of compafling the death or depofition of the King, if the.intent Qf it was to fubvert tha fpvereign ruling power, Gentlemen* ( 57 ) -Gentlemen, there is another diftinction, which I would beg your attention to. It is of no . confequence whether the firft; - meeting, propofed to be affembled, was defigned to be a convention^ that Jhould affume all civil and political authority, or was only tit devife the means of forming a conftitucnt affembly, a body, which Jhould affume it; for any act taken towards affuming it againft the will, in defiance of, and againft the authority of the King and parliament, and removing him from that fituation in the character of fovereign, which he has in this country; any act. taken towards the formation of a body, which was to affume fuch authority, is an act of confpiring the depo fition of the King, any act towards convening a national af fembly, to act with fovereign power, not formed by the legif lature, is an act done towards depofing the King, who now has,' under the reftraints of the conftitution, and the provifions and limitations of the law, the fovereign power vefted in him, you cannot fet about organizing a body, which is thus to act, without meaning to depofe the King, without meaning to form a body, that is to ufurp the powers of government. Gentlemen, I think the evidence, that I fliall lay before you, will moft abundantly fatisfy you that the convention, which the. perfons charged coufpired to form, was-a convention to alter the whole form of the fovereign power of this country, that it was to form, or to devife the means of forming a reprefentative go vernment — to veft in a body, founded upon univerfal fuffrage and. the alledged unalienable, and, as they are called, imprefcriptible rights of man, all the legiflative and executive government of the country ; that a confpiracy to this end would be an overt act of high treafon, I prefume cannot be difputed ; it depofes the King in the deftruction of the regal ofiice in the conftitution of the ftate. Gentlemen, I go further: if it had been intended to have re7 tained the name and office of the King in the country, and to have retained it in the perfon of the prefent King, creating, how ever, by the authority of the intended convention, a new legifla ture, to act with him, provided they would allow him to act with fuch new legiflature, and thus calling upon him to act againft the exprefs obligations of his coronation oath, if he could forget it, it ftil! would have been a confpiracy to depofe him from his royal authority, ( 58 ) authority, as now eftablifhed: if he refufed to act, he muft ne- ceffarily be depofed from that authority ; if he did accept, he was not the King of England, as he is eftablifhed by law the King of England. But he could not accept ; he could not fo govern ; he is fworn not fo to gpvern ; he muft refufe, muft refift, and, ' in confequence of refifting, his life muft be in danger. Take it either way, that perfons confpired to form a convention to affume all civil and political authority, as pretending to be a convention of the people (I care not with how much audacity they pretend to be a convention of the people) , or to devife the means of conftituting fuch a convention, in order, and with tbe intent, and againft the authority of parliament, that there fliould be no King, or in order to the erecting, by their own authority, a. new legiflature to act together with a King, and together with ike King, if they permitted the prefent to be the King, I fubmit that fuch. a confpiracy is an overt act in the true conftruction of law, and high treafon in compafling the King's death. The King muft be depofed while fuch a new conftitution was fram ing ; he could not treat with fuch a convention till he had been depofed ; it could be thofe only, that had fovereign autho rity, that could frame a conftitution : then he is furely, by this, defpoiled of his Kingly government, even as in a cafe of tempo rary imprifonment. I repeat again, that he could not, confidently with his coronation oath, dp otherwife than reject it when framed : it muft be taken for granted he wpuld reject it ; his life, therefore, could npt but be in* danger. Tp fuppofe that fuch a meeting, which propofed a new conftitution, would depart quietly hpme, and not act, if it was npt accepted, is put of the reach of all human credulity ; it is not, according to the ordinary courfe and experience, of mankind, to fuppofe that they fhould meet in numbers, and make no ufe of their numbers, if the fhew of them did npt produce the effect intended : this is net according to the ordinary courfe and experience of mankind. Gentlemen, the King in his parliament could not be the fove reign power the moment the meeting could act as a natipnal cpnftituting aflembly, or could direct, with effect, fuch an affem- blyt ( 59 ) bly to meet. The power fo to act, or to organize with 'effect fuch a meeting, that fhould fo act, mu& pro tempore depofe every other power. This is the character of a convention of the people, I think, as given in the evidence I have to lay before you. With refpea to the defendant, I think I fhall fatisfy you he confpired to call fuch a convention, and that he faid that the con vention which I am to call is irrefiftible, it is unlimited, it is un controllable, and that by fuch a Convention, my full andjair re- prefentation of the people, or a Jull and Jair reprefentation in parliament (if you choofe to take that expreffion, for it is not mere expreffion that determines what men mean), is to be ac complished. Gentlemen, in the country in whicli I am fpeaking, when a vacant throne was given (I am now alluding to the time of King William) by thofe, who, as they are ftated in the Bill of Rights, reprefented all the eftates of the people of this realm, to King Wil liam and Queen Mary, they, who gave it, ceafed to have or to ex ercife the power of fovereignty in that inftant, as every lawyer muftfpeak of it, in that inftant the fovereign power of this country became vefted in the King and Queen upon the throne, to be exer cifed in legiflation, undoubtedly, with the advice and confent of par liament, formed according to the law and cuftom of the country — incapable of being exercifed otherwife, and, as to the executive authority, exercifed under the control of provifions and limita tions of the law and conftitution, and with the advice which, in every act which the King does, makes fomebody refponfible. I infift that the defign of confpiring to affemble the people, who were to act as a Convention of the people, claiming all civil -3nd political authority, or claiming power to alter, againft its will, the conftituted legiflature, or a Meeting to form the means of bring ing together fuch a Convention fo to act, is an atternptto create a power fubverfive of the authority of the King and parliament, a pow er, which he is bound by oath to refift at all hazards. But it will not reft here : This will be fufficiently proved ; but evidence will . Jikewife be offered to you as fatisfadtory to prove that the exprefs pbject of calling this Convention, the exprefs object of appointing a Committee f( 60 J 3 Committee of Conference and Co-operation,- which was to dcf- vife the means of cpnftituting fuch a Convention, was ultimately^' and finally, and in their profpedt., the depofition of the King. Gentlemen, beVond this, and fuppofing it not to be proved, the indictment has charged as overt acts, a confpiracy, without the mean pf aCpnventipn, and npt through that medium, to '. -Gentlemen, the cafe, as I have hitherto reprefented it,, is hot a cafe aiming merely at intimidating the legiflature, and inducing it by.:an act done, which was, according to the forms of the con- frltutiortj to bury the conftitution in its grave, to new-mould the fovereign power ; the cafe goes far beyond this ; application in any fhape to Parliament was not only difavowed, but the very competency of Parliament, if applied to, to make a law to new- model the government, was difputed, and denied :. the idea of thai competency was held to be. irreconcileable to the very principle upon which thefe perfons affembled. I muft however infift, and I mean to do it, with the full concurrence of my humble opinion, that a confpiracy to compel the King, by force, againft his will, to give his affent to an act obtained from the houfes of Parliament in order to alter the government and frame of the conftitution of the country, whether it was obtained from the twohpufes of parliament, or either of them, by overawing them, or not overawing them, that a confpiracy, by force, to compel the King, in the exercife of the higheft and moft effential act of the fovereignty of this coun try, in the act of giving his confent to fuch an act, to compel him, by force, to do that, is unqueftionably an overt act of treafon in depofing him, and in compafling his death. It is neither more nor lefs, to explain it in a word, than tofubftitute the will of thofe, who confpired to force him, in the room of that Royal will, in which, and by which alone, the laws of this country, and the con ftitution of this country have faid that a bill (however obtained before it comes to him) fliall receive the authority of a Statute. Gentlemen, I have thought it neceffary to ftate tJius much before I come to ftate the circumftances of the cafe, and I will ftate to you in a word why. It is not to be expected by perfoas, who execute the great and important duty in the great and im portant ftation, the functions of which you are now called upon to execute, that Counfel at the bar fhall be able to ftate to you Jaw, that no man can queftion .the foundnefs of : nay, Gentle men, it is not to be expected by you that Counfel at the bar fliould be able to ftate to you in all cafes law, which nien of grave character, and excellent underftandings, of great reafon, I and ( 62 r and great experience in their profeflion, may not difp'ute the? foundnefs of. It is the duty of counfel, more particularly it is the duty of that cpunfel, who ought to remember that, if, in profecuting the fubject, he preffes him unfairly, he betrays in the moft effential ppint the duty which he pwes tp the fovereign : it is his duty to endeavpur faithfully and hpneftly tp explain, and exppund the law, that is, to apply to the facts of the particular cafe, reafoning uppn the law, according as he is able to do it, in the exercife of painful induftry, exerted under the reflection that he is under much obligation at leaft to endeavpur to repre- fent the law truly. Gentlemen, I have thpught it my duty, in a profecutipn, the principles cf which intereft the civil happinefs pf all mankind, to mention diftinctly and fairly what are the principles upon which I proceed : I have np dpubt, in my own mind, but that 1 have ftated thefe doctrines as the law cf England wpuld ftate them, and I claim from you and from the public that, in the fair exercife of my duty, conducted under fuch a fenfe and underftanding of that duty, as I have now explained to you, you and they will do me the credit at leaft to think, that the principles which I have ftated are fuch, as I believe to be fanctioned by the law of England. Gentlemen, I fhall prefume for a moment, after having read to you the indictment, and given you that expofitipri of it, which I humbly offer to your attention, that the law has (at leaft, ac cording to my judgment, it certainly has) been complied with in thefe refpects, namely, the indictment has told you with fufficient certainty what it is, that is meant to be imputed, as an overt act of compafling the King's death. It is not neceffary to be de puting that npw, becaufe, if I have failed in the due execution of my duty in that refpect., the prifoner cannpt be injured by it. Gentlemen, I have before faid to ypu that, in a cafe of high treafon, the evidence muft npt only be cpnvineing, but it muft be formal ; and, though the object of the fecurity of the perfon- and government of the King is the higheft object that the law has looked to, yet I muft, at the fame time, inform you, that the law, for the fecurity of the public, which is in truth part a& the ( 63 ) the object involved in the object of the fecurity of the perfon .and government of the King — is effentially united with it— and infe- parable from it — the law has required not only that you fhall have one witnefs, if he were the moft credible man in the world, to give convincing evidence of the fact, but that that convincing evidence muft be rendered yet more convincing. by the teftimony of two witneffes ; that you fliould at leaft have one witnefs to one overt act, and another to another overt act of the fame fpecies of treafon. Gentlemen, having ftated to you the project, in a general way, to which I apprehend this indictment applies, I prefumc that you may poflibly reafon thus : When this indictment charges that thefe perfons compaffed the death of the King, and to depofe him, that they confpired to affemble a convention in defiance of the authority of parliament, to fubvert the rule and government of the kingdom, againft the will, and in defiance of the legiflature, to dethrone the monarch, reigning in the hearts of a great majority of his people, you will naturally afk, by wliat procefs was it, that fuch perfons, as thefe, could effectuate fuch a purpofe ? When the indictment charges, that they com pofed a great variety of books, containing incitements to choofe perfons, as delegates, to compofe a convention for fuch traitorous purpofes, in what language, you will naturally afk, could fuch incitements, to fuch a momentous project, have been conveyed, and to whom could that language have been addreffed ? When it charges, that they met, and deliberated among themfelves, together with divers other falfe traitors, at what time, in what manner, and in what place, it may be afked, have thefe people met to deliberate upon that project, for the accomplifhment of wliich fo many perfons muft be engaged? By what means were they to bring together the fubjects of the country, to fend delegates to fuch a traitorous convention, to affume fuch fove reign power? This fort of queftion may be purfued. I fliall notpurfue it by obfervations upon every overt act in this in dictment. Now, Gentlemen, my anfwer to this is a fhort,one. I think it will be proved to your fatisfaction, that, as they .meant, in the ( 64 5 the words pf the act Of parliament, to introduce that fyftem of mifery and anarchy,, which prevailed in France, they meant td. introduce it by the fame means, to proceed upon the fame princi ples to the fame end, and by the fame acts to execute the feme1 purpofes. Gentlemen, if the experience of Europe had not manifefted' " what has paffed in France, (and this project might perhaps be* brought from France into Great Britain by but an individual or two,) if that experience had not fhewn us what has paffed in France, to the deftruction of its old government — to the deftruc- tion alike of that government, which they fubftituted in the room of its old government — and which, in the laft act of its power, protefted againft the exiftence of.clubs, as not poflible to. exift together with the fecurity of any Country, I fay, till the fubverfion of government in France took place, and upon princi ples,- to a blind admiration of which in. this Country, — (a countrjl which, under the peculiar favour of Providence, is alike in its? bleflings, as it is in its fituation, " toto divifos orbe Britannos," bura in which we have found a difpofition to facrifi.ee all thofe bleflings), — it could npt perhaps have entered into the heart of man — to ' conceive that a project, fo extenfive flipuld have been fet pn foot! by perfons in number fo few — that a project, exifting almoff. every where, fhould yet be vifible no where — that a project^ fliould be fo deeply combined, and complicated, fhould exift to fuch an almoft inconceivable extent, fliould be formed with fo; much political craft — it could not enter into the heart of man to { conceive, that it fhould have exifted in any country, much lefsj'J that it was poflible that it fliould exift in this country of Great Britain to the extent in which I am fure, whatever your ver-J diet, may fay upon the guilt of the prifoner, you will be futis-, fied it has exifted in this country. But -the law of England does not require that any fuch cafft,| as this, fhOuld be proved before you. If you are. fatisfied,. that what the indictment charges was imagined, and that a ftep, was taken to effectuate that intent, it is enpugh — 'it is npt the extent, in which the project was proceeded upon — it is not the extent, to which the project was ruinous — it is not neceffary to proved ( 65 ) prove, that the means were as competent to the end propqfed, as they Were thought to be, by thofe who ufed them. No, Gen tlemen, the providence of the law fteps in upon their firft motion, whether they furnifh themfelves with means adequate or inade quate to their purpofes; — the law fteps in then, conceiving its providence at that moment to be neceffary for the fafety of the King and the fecurity of the fubject. The project, the general character of which I fhall give you, proving it by the particular facts, and applying the particular facts (for I have no right to give you the general project, unlefs I can fo apply the particular facts) to the perfon now accufed, feems to me to have been this. Imported from France in the latter end pf the year 1791 pr 1792, by wlipm brought hither it does not much matter, the intent was to conftitute in London, with affiliated focieties in the country, clubs which were to govern this country upon the principles of the French government, the alledged unalienable, imprefcriptible rights of man, fuch, as they are ftated to be, inconfiftent, in the very nature of them, with the being of a king, or of lords, in a government — depofing there fore, the moment they come into execution, in the act of creating a fovereign power, either mediately or immediately, the King* and introducing a Republican government with a right of eternal reform, and therefore, with a profpect of eternal revo lution. Gentlemen, we have all heard of a club called die Jacobin Club at Paris. This, with its affiliated focieties, however im- poflible it was thought that it fhould effect fuch things, however wild the man would h^ve been thought, into whofe head fuch an imagination could have entered as that it could effect them, firft overfet the old conftitution, then introduced another, which could not exift upon the principles which gave it birth, and has finally introduced government after government, till ithas at laft left the country in that undefcribable ftate of things, in which we now fee it. Gentlemen, tlie great end of the pecfons concerned in this project, though npt altogether vifible, or nt)t much difclofed up- F on ( 66 ) -: on its firft formation, was, when- they bad fufficiently diftufec* ,' their principles through tliis country, by artifice, by union,' by cpmbinatipn, by affiliatipn, by fraternization (thsfe who formed the project, whoever they were, endeavouring to force it into execution by means which perhaps would fhoek the minds. of men that are not always dwelling upon political fubjects) , to affemble a convention of delegates from dubs, to affume the power of the people, fupporteti in the affumption and exercife of that power by the individual members of the affiliated focieties, and by their combined ftrength. Gentlemen, we have no occafion in this caufe to be difput-* ing upon abftract queftions, as to the power of the pepple to Change their government. I ftate to ypu that the intentipn was, to affemble a Convention of delegates from thofe clubs, to affume the powers of government. The people, the infinite majority' of the pepple, adverfe to any change, diftinguifhing- between abufes in the adminiftratipn pf the gpvernment, and vices in the form of the government adminifterecj, nay, ardently attached to the old government, muft have been averfe to have been fub' dued by a Cpnventipn pf delegates from thefe focieties, who meant to have affumed the representation pf the people, and to have exercifed the ppwers which they ftated to be inherent ia thofe whom they profeffed to reprefent* , Gentlemen, it is not difficult to conceive, after what has hap pened in fact in France, how it Ihould happen that the opinion of thefe fraternizing focieties flipuld have the force of the will of a majority pf the nation^ though they conftituted a vaft and in finite minority indeed. Ypu will find, in the evidence to be laid before ypu, that it was perfectly underftpod how this rfligllt be by thpfe who are named in this indictment. The great bulk of the cpmmunity, engaged- in different purfuita, are therefore incapable of being combined in oppofition to the executifinof a purpofe, which is to be brought about by great bodies of men, that are combined. I need not give you a ftronger inftance of that than this. It is within the memory of moft of us living, that a few thoufand men in St. GeorgeVfields, combined in one purpofe, reduced this metropolis to an abfolute ftate of anarchy, aftato ( 6? ) a ftate in which no government exifted. If any man had been afked, a fortnight before the event to which I am now alluding, is it poflible for four or five thoufand men to affemble in St. Gearge's-fields, and to rob and plunder every body they choofa in London and ten miles round it? That Would have been thought utterly impoffible — but yet it happened— 'why ? becaufe A combination of the few will fubdue the many, who are not Combined, and with great facility ; and combined bpdies of men have had, as you will find, an exiftence in this country, to an extent which few men had any idea of. You will find them prganized, prepared for emergencies, and exigencies, relying upon their own ftrength, determined to act upon their combined ftrength, in a fyftem of acting together, in fame inftances acting with a fecrefy calculated to elude ob- fervation — in other inftances, proceeding, by directly Contrary means, to the fame end, reprefenting their numbers as greater than they were, and therefore increafing their number by the very operation of the influence of the appearance of ftrength upon the mind's of others, without a poffibility that that mifre- prefentation fhould be fet right. You will find them inflaming the ignorant, under pretence of enlightening them ; debauching their principles towards their country, under pretence of infufing political knowledge into them ; addrefling themfelves principally to thofe whofe rights, whofe interefts are, in the eye of the law and conftitution of England, as valuable as thofe of any men, but whofe education does not enable them immediately to diftinguifh between political truth and the mifreprefentations held out to them ; working upon the paflions of men, whom Providence hath placed in the lower, but ufeful, and highly refpectable fituations of life, to irritate them againft all that its bounty hath bleffed by affigning to them fituations of rank and property ; reprefenting them as their oppreflbrs, as their enemies, as their plunderers, as thofe, whom they fhould not fuffer to exift; and, in order at the fame time to fhut out the poffibility of correcting original error, or rectifying the opinions of thofe whom they had fo inflamed, mifinformed, debauched, and milled, not admitting them into thefe affiliated focieties till they had fubfcribed tefts— the principles of which they were not to F 2, examine I M ) examine after they had been admitted, but the principles of which they were to carry into execution, when affembled in a conventipn-<-tp carry into executipn thpfe principles, as acting for the pepple, by a great majprity pf whom they were held in utter deteftatipn. Gentlemen, to fay that an act dpne was meant to be dene, as a means taken in the executipn of fuch a project as this is, till the perfon, who takes it, thinks the fcheme practicable, I ad mit is not reafonable, but undoubtedly you may think it practi cable long before it is really fo. Now, ypu will be abundantly; fatisfied, that thefe cpnfpirators thought that the time was now come — that the time for a Convention, which had been the ob ject of anxious expectation, doubting for a year pr twp whether it wpuld ever be gratified, that that time was now cpme, and the meafures taken were taken upcn that fupppfition — that the time was now come, which, if "not laid hold of now, would be loft for ever. Gentlemen, the people of this country have in general a! rooted attachment to its government. The public opinion of government is in this country, as well as in every other, its principal fupport : and therefore it became neceffary to infufe,« where fo much could be fafely filggefted, where the mind was prepared for it, an opinlpn that the form pf the Britifh gpvern-j ment was radically vicipus — -that it was founded in principles of oppreffipn — that it was fpunded in the deftructipn of natural^ imprefcriptible, and unalienable rights. — With Pthers, you will find, they thought it neceffary to ufe a little more caution — not to alarm them, but to liumour their attachment to the form of the conftitution ; by taking advantage of well meaning ignorance, under pretence of infracting it, to enlift them alfo alike in the project of deftrpying that conftitution to which they were attached. To them, therefore, the form of the govern ment was not fppken of in terms which they might underftand to be a condemnation of it, though they were really fuch^. but by making ufe of general expreffipns, fuch as pbtaining w a "full and fair reprefentatipn pf the pepple in parliament" — " a " full reprefentatipn pf the pepple," fometimes withput mention ©f parliament — never witli actual mentipn pf the King and Lords, ( 69 ) Lords, as co-exifting together with parliament — by ufing terms, • which certainly may mean what it may be contended in the de* fence they did mean — but terms the fame in their expreffion, certainly the fame in their import, as thofe, which were ufed in every act which paffed in this country during the time of the Commonwealth, when we neither had King nor Lords — that may fignify a government exifting without Lords or King, by de claring the obtaining fuch a reprefentation of the people as ne ceffary to the natural unalienable imprefcriptible rights of man, as ftated by Mr. Paine ; by thefe means and artifices they at tempted to engage in their fervice the phyfical ftrength of men, who might not, and did not difcover the real nature of the plan, which that ftrength was to be employed in executing — who had not information enough to difcover what the reprefentation was meant finally to do or to execute. But you will find the perfons mentioned in this indictment had no doubt about it. — I mark thefe circumftances to you becaufe, in the evidence, that is to be laid before you, (and I am now ftating the general cha racter of the evidence, and not the principles upon which the "charge is made) — in the evidence to be laid before you of the plart for the execution of thefe purpofes, fome very remarkable particulars occur ; and when you come to decide upon this cafe, I humbly beg your attention to thofe particulars ; fome very re markable particulars will occur. You will find that the leading clubs, by which Imean the .Conftitutional Society, judging of its conduct for the purpofe of this caufe, though in fome other cafes we muft go further hack, but, for the purpofe of this caufe, judging of its conduct from about the beginning of the year 1792,- and the London Correfponding Society, which was formed, whether created, I will not fay, but which was modelled by fome leading members pf the Conftitutional Society, and received its corporate exift- ence, if I may ufe the term, as it will be proved, under their own hand-writings— moft diftinctly from the hand-writing of fome, who yet belong, and fome, who have ceafed to belong to the Conftitutional Society ; thefe leading focieties, you will find, enlifting into their affiliation many focieties in the country, icompofed of men who expreffed their doubts as to the views of F 3 • thefe ¦( 7° ') thefe focieties in London— who expreffed their feats as well as their doubts about thofe views— who required information as to the purpofes of thofe focieties in London — fome of thefe foeie* ties in the country profefling one fet of principles, fome another; ¦ but all afliftance is taken that is offered : accordingly you wilj fee that the London focieties enlift perfons who profefs " that " they ought to.fuhmit to no ppwer but what they have thenv " felves immediately conftituted :"— to thefe they give anfwers couched in dark, cautious, prudent, but fatisfactory and intel ligible terms : thofe, whp prpfefs ftill to have attachments to the Monarchy of the cpuntry, and whp exprefs apprehenfioos about its fafety, from the principles pf the Londpn focieties, and the conflicting principles pf various country focieties, theyfooth into fraternization, by telling them that all would be fet right " by a full and fair reprefentation pf the people in parliament;" a name which was given to the Cpmmons under Cromwell, as well as to the legitimate parliaments of this country at different periods, without telling them either what thefe words meant* or hpw that parliament was to operate to reconcile thefe differ ences, which you will find ampunted only to the differences be tween an attachment to an abfolute republic, and an attachment; to a limited mpnarchy. They enlift alike thofe, who exprefled a wifh to knpw whe ther they proppfed to reform the Houfe of Commons, and thofe whp wiflied to know whether they intend to rip up monarchy by the roots ; their anfwers were calculated to fatisfy each of them, to fatisfy whatever might be die difpofition of thofe, who ad- drefs the queftions to them, requiring information upon fubjech fo totally different. Gentlemen, this is not all : You will find again that, for thefe purpofes, publications upon the gpvernment pf the coun try, which are alluded to in this indictment, and which will be given tp ypu in evidence, that publications uppn the govern ment of the country were adopted by thofe focieties as their own, and circulated, if I may fo exprefs myfelf, in a mafs, round the country, circulated in a manner, that totally deftwys the liberty of the prefs in this country — The liberty of the prefs in in this country never ought to be- under an undue correction of the law, but it muft always be, for the fake of the people, fubject to the correction of tlie law : You will find that thefe publications are either brought into the world with fuch a fe- crefy as baffles all profecution, publifhed without names of authors or of printers, publifhed by contrivance, I am forry to fay by contrivance publifhed in the dead of night, (though they are the works of men who have taleuts to ftate them to open day, if fit to be ftated to open day,) and publifhed in quantities, which make the application of the wholefome provifions of the law utterjy incompetent to the purpofe of allowing the correc tion pf the law to be as frequent as the commiflion of the offences againft it has been. -Gentlemen, with refpect to many of thefe publications I may take notice of what has happened in the hiftory of this country, and though no man wifhes lefs to talk of himfelf than I do, yet I am fpeaking in the prefence of many, who have heard me both in court and in parliament refpecting thofe publica tions (to which I allude, and which will he offered to you in evidence) exprefs the difficulty that my mind laboured under to concede that fuch a publication as .the Addrefs to the Addreflers, was not, according to law, an overt act of high treafon. — It did appear to me that the pubUcation of the book called the Addrefs to the Addreflers was an overt act of high treafon, for the purpofe of depofing the King ; at leaft I thought it re- quired'an ingenuity and fubtlety, much beyond that which be longed to my mind, to ftate fatisfactory reafons why it was not fo, but Jihere were reafons fatisfactory to thofe who can judge better than I can, and therefore that book was treated only as a libel — but when I come tp fee it, as connected with this mafs of publications, which is alluded to in this indictment, as con nected with meafures that I have to ftate to you in the courfe of opening this caufe, and as connected with the project which this indictment imputes to depofe the King, I fay it is either moft diftinct evidence of an overt act of high treafon, or it is an overt act of high treafon itfelf. Gentlemen, you will alfo not fail to obferve (and I ftate, that as a general feature and character of the evidence that I F 4 have f 72 ) have to lay before you)^the malignant art, and, if I may fo exprefs myfelf, the induftrious malignity, with which difcorj^ • tent has been fpread by thefe two focieties in Lpndpn, and the means pf fpreading it have been ftudipufly and anxipufly taught from fociety tp fociety :— -the means of fpreading feditian, frefh as from Lpndpn, in every town, all with reference (for they are npt material, if ypu dp npt find they had 'fuch a refer ence) to tlie final accpmplifhment pf the fame purpofe : You will not fail tp pbferve, how the paffipns and interefts of in dividuals have been affailed and taught to be affailed, according to their ftations in life — not merely upon gpvernment, but for the purppfe pf fubverting gpvernment — upon tythes — corn bills — taxes— game laws — iroprefs fervice — any thing that couldbe • reprefented as a grievance, as well as the government itfelf, and tp this intent — that, in aid and afliftance of each other, focieties, as they expreffed it, "might overfpread the whole " face of the ifland," and " that the ifland might become " free"— You will mark their expreflions — " by the fame " means, by which France became fo," Gentlemen, in ftating to you the character of the evidence, it is neceffary for me to make one obfervation, and it is the laft I fliall trouble you with : it is with refpect to the principles upon which eonftruction is to be given to the written evidence that will be adduced in this caufe. Npw, I defire to ftate this to ypur minds as a principle perfectly reafonable, in the adminiftratipn of juftice, towards men who are called upon to anfwer for offences, that the language, which they ufe, ouglit to be confidered accord ing to its obvious fenfe. If the language admits, and naturally admits, of a double interpretatipn, it muft tlien be cpnfidered according to the nature of the principle, which that language is calculated tp carry into executipn ; each paper muft be cpnfidered with reference to the context of the fame paper, and with refer ence to the contents of all other papers, that form the evidence of the fame fyftem, which fhe paper produced is meant to prove. Now, if you fhould find that, in detailing the ohjects of this .Society, in detailing what they meant to do, and in detailing how they meant to execute what they meant to do, they fhould in fad ( 73 ) fact have ftated that they meant neither that- which was legal, npr that which was conftitutipnal, nor that which was other than treafon, it will be in vai'n that they have thought fit (for the greater prudence, the greater care, and the greater caution, which you will have moft abundant evidence to, prove they exer cifed occafionally) to affert at other times, when they have ufed general language, that what they meant to effect was legal, and that they meant to effect it in a legal and conftitutional manner. It will become them, who have the defence upon their hands, to ftate to you how, in a legal and cpnftitutipnal manner, thpfe things cpuld be dpne, which were intended to be dpne, and which this indictment ftates were intended to be dpne, if I prove to ypur fatisfaction that they were intended to be done by the means and inftruments, which the indictment refers to. Gentlemen of the Jury, their principle, as yoU will find, was, that equal active citizenfliip is the right of all men, and that, upon this principle, their reprefentation of tlie people was to be afked for. Now, it requires no reafoning to ftate, that a-reprefenta- tion of the people founded upon the principle of equal active citi zenfliip of all men muft form a parliament into which no King, nor Lords, could enter. There is an end of equal active citizen fliip the moment that either of them exifts, according to my con ftruction of equal active citizenfliip, and accprding to their con- Jiruiiion oj it ; for they ftate that the effect of it is a reprefentative government. But it is not enough for me to tell you that, in rea foning, this is the confequence ; it is a circumftance to be taken into your confideration ; but I fay I fhall fatisfy you, if I am bound to go further, that the application of the principle of equal active citizenfliip, according to them, was to be the foundation of a reprefentative government, rejecting the King and Lords out of the fyftem. The principles were the principles upon which the conftitution of France, in the year 1 791, was formed: the principles of that conftitution were the principles of equal active citizenfliip : they attempted indeed to preferve a King in the conftitution, and to form what I may call a royal democracy : but I fliall prove to demonftration, that the leaders of thefe clubs in London knew that that conftitution could not exift, that their principles f 74 f principles led them to a diftinct knowledge that that conftitution cpuld not exift : it was in the month of Auguft 1792 entirely overturned ; and you will find from the tranfactions pf this So ciety in the months of October and Npvember 1792, unlefs I miftake the effect of the evidence, the cleared dempnftratipn that thefe focieties meant in applying thofe principles, which they themfelves ftate had deftroyed the exiftence of a King in France, (becaufe they muft deftroy the exiftence of a King in any coun try) you will find that, from Oftober 1792 at leaft, thefe focie ties meant to deftroy the King in this country, and that this was the natural effect of their own principles, as they underftood them. Gentlemen, ypu will npw give me leave to ftate to you, as well as I can, and as intelligibly as I can, the mafs pf evidence, and the cafe which I have to lay before ypu. The particular act, the nature pf which will be to be explained! by all the reft of the evidence, which has led to the including thefe particular perfons in one indictment, arofeout of a letter, dated the 27th of March 1794, which was written by the pri foner, then the Secretary of the London Correfponding Society, to the Society for Conftitutional Information. The words of it are thefe ; " I am directed by the London CorrefponciiHg Society to ** tranfmit the following refolutions to the Society for Conftitu- " tional Information, and to requeft the fentiments of that So- " ciety refpecting the important meafures Which the prefent *' juncture of affairs feems to require. The London Corre- tf fponding Society conceives that the moment is arrived ;" mark the words ; for, in the reft of what I have to ftate, you will frequently hear pf tlie time to which that alludes — " when a full " and explicit declaratipn is neceffary from all the friends of free- *' dom, whether the late illegal and unheard of profecutfons and " fentences fliall determine us to abandon pur caufe, pr fhall ex- " cite us to purfue a radical reform with an ardour propprtipnate " to the magnitude of the object, and with a zeal as diftin- •' guiflied on our part as the treachery of others in the fame " glorious ( 75 > <* glorious caufe is notorious. The Society for Conftitutional *' Information is therefore required to determine whether or no *' they will be ready, when called upon, to act in conjunction " with this and other focieties, to obtain a fair reprefentation of " the people." Gentlemen, give me your attention prefently to what they conceive to be a fair reprefentation of the people, when I come to ftate the refolutions which they tranfmit ! " Whether they concur with us in feeing the neceflity of a " fpeedy Convention for the purpofe of obtaining" (then they ufe the words) " in a conftitutional and legal method" — of the effect of which you will judge prefently, for the method will not be the more conftitutional and legal for their calling it fo, if the method is in fact uneonftitutional and illegal — " a redrefs of " thofe grievances under which we at prefent labour, and which *' can only be effectually removed by a full and fair reprefenta- " tion of the people of Great Britain. The Lpndon Corre- *' fponding Society cannot but remind their friends that the pre- *' fent crifis demands all the prudence, unanimity, and vigour, '-' that ever, may or can be exerted by men or Britons ; nor do " they doubt but that manly firmnefs and confiftency will finally, " and they beheve fhortly, terminate in the full accomplifhment *' of all their wifhes." They then refolve, and thefe refolutions are inclofed: " ift, " That dear as juftice and liberty are to Britons, yet the value " of them is cpmparatively fmall without a dependancy cm their " permanency, and there can be no fecurity for the continuance " of any rights but in equal laws." " ad, That equal laws can never be expected but by a full " and fair reprefentation of the people ; to obtain which, in the " way pointed out by the conftitution" — you will fee what that is in the third refolutbn — " has been and'is the fole object of " this Society.: for this we are ready to hazard every thing, and " never but with our lives will we relinquifli an object which " involves the happinefs, or even the political exiftence, ofour- " felves and pofterity," " 3d- That it is the decided opinion of this Society, that, to " fecure ourfelves from the future illegal and fcandalous profe- " cutions, ( 76 ) " cutions, to prevent a repetition of wicked and unj'uft fenteriees, " and to recal thofe wife and wholefome laws which have been " wrefted from us, and of which fcarcely a veftige remains" — Gentlemen, you will permit me to call your attention to what the objects were which were to be accomplifhed — " there ought " to be immediately" — what? — " a Convention oj the people, by " delegates deputed for .that purpofe from the different focieties of the " friends of freedom." And what are the purpofes which this convention, which they themfelves reprefent as a conventipn of the pepple, are to execute ? Why they, the delegates, forming a cpnvention pf the people, are to recal thofe wife, whplefome laws; which they fay have been wrefted from them. Before I have done, I fhall prove diftinctly that this is the meaning pf the paf- fage, and the meaning pf the paffage wiU be to be collected from the whole of the evidence undoubtedly, not from this particular part of it. The Conftitutional Society, there being prefent at that time fix of the perfons mentipned in this indictment, withput any de- I liberatipn whatever, Uppn a proppfitipn fo material as this is — and therefore it muft be left to ypu, uppn the whple pf the evi dence, whether it is fairly to be inferred pr not, that this, like a great many pther papers pf the Londpn Cprrefppnding Society, really came from the Cpnftitutvpnal Spciety — they immediately \ ordered that their Secretary fliaU acquaint the Lpndpn Cprre- | fponding Spciety, that they had received their communication, that they heartily concur with them in the objects they have in view, and that for that view, and for the purpofe of a more fpeedy and effectual co-operatipn, they invite them to fend to this Spciety, next Friday evening, a delegatfon pf fome of their members. Withput npw going into the particuJars of what follpwed upon this, give me leave to ftate, that fome members pf the So ciety, included in this indictment, were named to cpmppfe that delegatipn ; that there was named at the fame time a Committee of Correspondence of fix members of this Society ; that after wards the London Correfponding Society formed another Com mittee; that the two Committees met; that the two Com mittees ( 77 ) mittees meeting, came to a determination that this project of calling a Convention of the people fhould be carried into effect -, and then, that a joint Committee of co-operation of both Societies was formed by refolutions of bpth. Having ftated what happened upon the 27th of March 1794, and connecting it, as I fhall do prefently, with the very Angular facts, which you will find alfo happened in that year, you will give me leave, in order to fhew what the true conftruction of this act is, as well as to ftate the grounds upon which the indictment, even without this act, charges a confpiracy to depofe the King — you will give me leave to ftate the tranfactions of thefe So cieties from the month of March 1792. Gentlemen, in or about the month of March 1792, — whether before that time the London Correfponding Society had exifted or not, feems to me to be dubious, and therefore I will make no afiertion of that one way or other ; but, fuppofing it to have exifted, it will be made extremely clear that this Society exifted at that time without a conftitution, as they call it, and was in debted to a Gentleman of the name of Tooke for the conftitu tion under which the Society was modified, and was indebted, I think, to a Gentleman of the name of Vaughan, for his affift- ance in the compofition of the code of its laws. The firft correfpondence that I find between the Conftitu tional Society and the London -Correfponding Society, which I have to ftate to you, is in the communication of the principles of the Correfponding Society, font with a letter figned by the pri foner at the bar, which letter is in the following words ; " I am *' ordered by the Committee to fend to the Society for Conftitu- " tional Information in London a copy of our motives for affo- " dating, and the refolutions we have come to: we mean to " perfeverein the caufe we have embarked in, that is, to have " (if poflible) an equal reprefentation of the people of this nation " in parliament." I obferve here for a moment that you will not be furprifed, when I get to the conclufion of this bufinefs, that this cautious language was ufed in the cutfet: it will be for you to judge whether f 78 ) whether a ftudied caution is fairly imputable to the language. It proceeds thus: " We fhould be exceedingly happy to enter into " a correfpondence with that Society, if it is not too- much, pre* " fumytion in us to expect fuch an hpnpur ; but, as our caufe " is one, we hope that they will deign to take fome notice of ; " us, who are now entering upon a matter of fuch vaft im- " portance." This is extremely condefcending language on the part of Mr. Hardy to the Conftitutional Society : it accompanies the refolu tions of that Society, which refolutions purported to be figned " Thomas Hardy, Secretary." It happened, by an accident not very eafy to be accounted for at prefent, and, notwrth* ftanding which, I fliall prove diftinctly to you that the refolu tions are the act of Mr. Hardy; that this fignature — " Thomas " Hardy, Secretary" — is a fignature, as I am inftructed, in the hand-writing of Mr. Home Tooke; that is, Mr. Hardy, in the London Correfponding Society, fends the refolutions of the Lon don Correfponding Society (apologizing extremely for the liberty ^ he takes in prefuming to fend them) to the Conftitutional So ciety, the fignature to thofe refolutions bearing the name of Thomas Hardy in the hand-writing of Mr. Tooke : Whether thofe refolutions were finally fettled by that Gentleman or not I dp npt knpw, but ypu will find that there exifts- a paper which contains,. I think, diftinct evidence uppn the face pf it, that thofe 1 refolutions have been fettled, with a good deal of deliberatipn, by the fame Gentleman whpfe hand-writing occurs in the figna ture which I have been ftating. Gentlemen, before thefe refolutions were fent, and before I ftate the matter pf them to ypu, ypu will allow me to mention that there had been a correfpondence between other Societies and the Society for Conftitutional Information, of fuch a nature, as", in prder to make this cafe intelligible, will require fome obferv1 ations from me, and fome attentipn from you ; it is tlie corre fpondence of other Spcieties, but which correfpondence I fliall cennect in fuch a manner with the London Correfponding So ciety, as in fact to make the acts of the other Societies the afts of that Society. UponJ ( 79 ) .tJpon the 23d of March 1 792, with a view to ihew you what were the principles of this Conftitutional Society, I muft ftate that they come to a refolution, " That the thanks of this So- " ciety be given to Mr. Thomas Paine, for his moft mafterly *' book entitled The Rights of Man, in which not only the ma- " levolent fophiftries of hireling fcribblers are detected, and ex- " pofed to merited ridicule, but many of the moft important and " beneficial political truths are ftated fo irrefiftibly convincing as " to promife the acceleration of that not very diftant period, " when ufurpiflg borough fellers and profligate borough buyers *' fhall be deprived of what they impudently dare to call their " property- — the choice of the reprefentatives of the people. *' The Conftitutional Society cannot help exprefling their fatif- M faction that fo valuable a publication has proceeded from a " member of that Society, and they fincerely hope that the " people of England will give that attention to the fubjects dif- *' cuffed in Mr. Paine's Treatife, wliich their manifeft import- *' ance fo juftly deferve." Then they refolved, for what purpofe you will judge of, when I come to ftate to you the fubfequent evidence in this bufinefc — ¦ " That the foregoing refolutions, and all future proceedings of *' this Society, be regularly tranfmitted by tlie Secretary to all " Our Correfponding Conftitutional Societies in England, Scot- " land, and France. Now, Gentlemen, as I fhall prove what the book was to which this refolution alluded, I fhall take the liberty at prefent to ftate, in a few words to you, as far as they affect the exift- -enceof a King in this country, thofe fubjects, which, according to the language of this refolution, the Conftitutional Society fincerely hope that the people of England would give attention to, as difcuffed in Mr. Paine's firft book. In that book thefe doctrines, with refpect to Great Britain, are laid down: " A " conftitution is not a thing in name only, but iri fact ; it has " not an ideal, but a real exiftence ;" and you will find this ex tremely important, becaufe in the refult of the whole evidence that I have to lay before you, it will appear that they did not •only diftinctly difavow making any application to parliament, but the competence of parliament to do any thing by way pf re- 7 . form, ( 8b ) form, becaufe the country had as yet no conftitution formed by. the people. Mr. Paine proceeds : " Can Mr. Burke produce " the Englifh conftitution ? If he cannpt, we may fairly con- " elude that no fuch thing as a conftitutfon exifts." After ftating that the Septennial Bill fhewed that there was no fuch thing as a conftitution in England, the bppk ftates a further fact, npt immaterial, that the bill, which Mr. Pitt brought into parliament fome years ago to reform parliament, was uppn the - fame erroneous principle, that is, upon the principle that parlia- « ment was able to reform itfelf. With refpect to other fubjects, ^ to which the attention of the pepple pf England was called, you will find that this book, fpeaking pf mpdes of government, (and this is alfo extremely material with reference to the conftruction 7. of what is afterwards to be ftated to ypu) reprefents that "the " twp modes pf gpvernment whicli prevail in the wprld are, "! firft, governments by election and reprefentation; fecondly,'* V governments by hereditary fucceflion : the former is generally - " known by the name of republican, the latter by that pf mo- > " narchy and ariftocracy." He divides Government into Government by election and repre fentation;- a reprefentation founded upon election, and election founded upon univerfal fuffrage ; and Government by hereditary fucceflion. He then ftates that, from the revplutions of America *nd France, and the fyiiipfoms that have appeared in pther coun tries, it is evident tlie opinion of the world is changing with re fpect tp government, and that revolutipns are not within the progrefs pf political calculation ; and that the Britifh government, not exifting upon the principles be recommends, is not a govern ment exifting uppn fuch principles that a natipn pught to fub- mit tp it : and that the parliament pf the country is not able to form a government, that will exift upon thofe principles. Gentlemen, it is a very remarkable circumftance, as it ftrikes me, that, though various Societies had exifted in pther parts of Great Britain, till abput the time pf the formatipn of the London Correfponding Society, none of thefe Societies had afked or in vited the affiliation with the London Conftitutional Society, which you will find they all afk and all invite about March 1792,1! whether ( 81 ) whether by management or not, I do not pretend to determine, it will be for you to judge ; but they all afk and all invite affilia tion with the Conftitutional and Correfponding Societies, as foon as the latter is formed. Upon the 16th of March 1792, you will find a refolution bf the Society for Conftitutional Information, which ftates and re turns thanks for a communication from Manchefter, figned " Thomas Walker,- Prefident," and- " Samuel Jackfon, Secre- " tary ;" in which " they return the thanks of the Society to " Mr. Thomas Paine," (who appears to have been a member, a vifitor of this Conftitutional Society) "forthe publication of " his Second Part of the Rights of Man, combining principle and f practice:" I fliall endeavour to ftate to you in a few words What is the combination of the practice, ftated in the Second Part of the Rights of Man, with the principle in the Firft Part, " a work (they fay) of the higheft importance to every nation " under heaven, but particularly to this, as containing excellent " and practicable plans for an immediate and confidefable reduc- " tion of the public expenditure, for the prevention of wars, for " the ex'tenfion of our manufactures and commerce, for the edu- " cation of the young, for tlie comfortable fupport of the aged, " for the better maintenance of the poor of every defcription, and, " finally, for leffenihg, greatly, and withput delay, the enormous " load pf taxes, under which this country at prefent labours." " That this Society congratulate their country at large on the " influence which Mr. Paine's publications appear to have had " in procuring the repeal pf fome pppreflive taxes in the prefent " feffipn pf parliament ; and they hppe that this adoption of a " fmall part of Mr. Paine's ideas will be followed by the moft " ftrenuous exertions to accompli fli a complete reform in the "' prefent inadequate ftate of the reprefentation of the people, «' and that the other great plans of public benefit, which Mr. " Paine has fo powerfully recommended, will be fpeedily carried " intoeffea." Now, Gentlemen, as Mr. Paine's plan for the remedy of the prefent inadequate ftate of the reprefentation of the people was alluded to, and this book was alluded to, which combined " prin- *' triple" and " practice," and as it is ftated that the other great G plans ( U ) plans of public benefit, which he had\fb powerfully recom mended, would befpeedily carried into effect, it will be neceffary to fliew you| from this letter, what were thofe plans for the re medy of the inadequate ftate of the reprefentation of the people,. and other plans of, public benefit, which this Society, receiving the thanks ©f the Conftitutional- Society,- hoped would be carried into effecL Gentlemen^ I do not take up your time in ftating the paffage'j to you, but reprefent to you the fubftance of that book ; that it is a book diftinctly and clearly recommending the depofition of the King : if the paffages in that book do not prove that affer- tion, there is no evidence that can prove any affertion : it is a> book, moreover, which not only puts the King put pf the fyftera of the Government of the country, but, according to which, if a perfect Reprefentation of the people is to be formed, it is- to be formed not by a parliament exifting in a country — in which that Gentleman ftates that no cpnftitutipn exifts — npt by that parlia-' ' ment, which he ftates to be totally and abfolutely inadequate to the great wprk of forming the conftitutipn uppn the rights qf man and equal active citizenfliip, which he recpmmends : it is a work, which calls uppn the pepple pf England to dp themfelve* • juftice in another way of proceeding, and to form a Conftitutiop for themfelves before they can have any government, whicli is to exift uppn true principles.. There is then, I fay, in- the begin ning pf this thing, a developement pf thefe purpofes ; and- 1 fay,- beyond that, that if I underftand the effect pf evidence at all, I fliall fatisfy you that thpfe, who voted this refolutipn pf thanksr 1 knew that the principles there referred to, were principles, that wpuld have this pperation, and meant that they fhould have this ¦effect. The next thing I have to ftate, which I fhajf not- go through very, particularly, is contained in a refolution of the Conftitu tional Society (the members of which, fome of them, I fhall prove to you, began to Jeave the Society about this time, ftating. diftinctly that they underftood its principles to be npw different from the principles it had formerly acted upon, and to be fucfi principles as I have ftated) entered into upon the 23d pf March 179a. | ( 83 ) 17*52. They refolved that another communication, which is from Sheffield, fhould be publifhed in the Morning Chronicle, and in feveral other newfpapers, which they mention. With refpect to the communication from Sheffield, (and it is a remarkable thing that, from Sheffield, and from Norwich, they fhould be writing, on the fame day, for the fame purpofe — that the Societies of Sheffield and Norwich might be affiliated with the London Conftitutional Society, and the Sheffield people were fo anxious about it, if it were their own act and deed, that they wrote more than one letter in order to afk it) it is to this effect t~ " It is now about four months fince this Society firft formed " itfelf into a regular body ; they were then but very few in ," number; the inclofed will inform you of their incteafe, andj " which is moft probable, will foon become very numerous ; " and not only this large and populous town, but the whole " neighbourhood for many miles round about have an attentive " eye upon us : moft of the towns and villages indeed are forming " themfelves into fimilar affociations, and ftrictly adhere to the " mode of copying after us : you will eafily conceive the necef- " fity for the leading members of this body to pay ftrict attention *' to good order and regularity, and the need we have of confulting " -and communicating with thofe, who are fincere friends andable " advocates for the fame caufe ; for thefe reafons, we took the li- " berty to write to Mr. Home Tooke, that worthy friend and pa- " triot'for the rights bf the people, informing him of our earneft •' defire of entering into connection with the Society of the fama " denomination of ours in London; his very obliging and affes* " tionate anfwer favours us with your addrefs ; in confequence, " we have taken the liberty herewith to tranfmit to you fome re- " folves, which were paffed at our laft me6tirigs by the whole " body, and the committee was charged with the difpatch of " printing and forWardirtg them to you accordingly, for the " purpofe of fubmitting them to the confideration of your So-1 "ciety, to make ufe of them as they think fnoft prudent. Ypu *' will alfo nptice the Belpar addrefs : they applied to Us about " two months ago for inftructions as to our mode of conducting, ** cScc. had not then formed themfelves into any regular aflbcia- G % « tion. ce f 84 > 1 tiorii Belpar is nearly thirty miles from this place in Detf/ " byfhire, and eight or ten miles from Derby. " If the Society for Cpnftitutiortal Informatipn in Lpndou " fhould vouchfafe fo far to notice us, as to enter into a con- " nection and correfpondence with' us, It cannot fail of promot- " ing honour, and adding ftrength' tp pur feeble endeavours, and " to the common caufe, which is the entire motive we have in " view." They then, upon the 14th of March 1792, knowing that there was a connection between the London Conftitutional and London Correfponding Society (and that they fhould know that fact on the 14th of March, which is fixteen days before the 30th, When Mr. Hardy fent to Mr. Tooke the refolutions which were figned in the name of Mr. Hardy by Mr. Topke, as a commu nication to him that there was fuch a bpdy as the London Cor-;' refppnding Spciety, is a circumftance that affords obfervation) ; they then add, that " we have taken the liberty of enclpfing a " parcel for Mr. Hardy, in anfwer to a letter from him to this " Society, requeuing fome information concerning our method " of conducting the bufinefs we are embarked in, &£. alfo in- " forming us there are in Londpn a number of mechanics, fliop^ " keepers, &c. forming themfelves into a Society on the broad!'-: " bajis of the rights oj man. You will be fo obliging as to let? '*• the packet remain with you until he call for it, as by this poftf " I have wrote him therepf. We have given him our manner* " of proceeding from our fetting out to this time, and hope it " may be of fome ufe, Tbe improvement we are about to " adopt is certainly the beft for managing large bpdies, as, in J "• o-reat and pppulous towns, viz. dividing them into fmall bpdies " or meetings of. ten perfons each, and thefe ten to apppint a " delegate; ten of thefe delegates form anpther meeting, and fo <*• on-,, delegating from one to anpther, till at laft they are re- " duced to a proper number for conftituting the Committee or ".. Grand Council." - . . There 'is another letter of tlie fame'date, which has a remark able circumftance about "it. It is addrefled to tlie Conftitutional Society.' Gentlemen, it ftates that '" this Society (that is, the jama ( 85 ") fame Sheffield fociety) " feeling, as they do, the grievous ef- " fedts of the prefent ftate defects and abufe of our country,"— (the word originally in this letter was conftitution, but the word conftitution, not being that which was liked, by fome very odd accident in the letter from Sheffield, the word country, in the hand-writing of Mr. Tooke, is fubftituted for conftitution) — " the great and heavy oppreflions, which the common people " labour under, as the natural confequence of that corruption, " and at the rime being fenfible to a degree of certainty, that " the public minds and the general fentiments of the people are " determined to obtain a radical reform of the country," you will mark thefe words, " as foon as prudence and difcretion will " permit, believes it their duty to make ufe of every prudent " means, as far as their abilities can be extended, to obtain fo " famtary and defirable an object, as a thorough reformation of " our country," the word country being in the hand- writing again of Mr. Tooke, " eftabliflied upon that fyftem, which is " confiftent with the rights of man'' — for thefe reafons they ftate their forming into clubs, as the former letter did, and they conclude thus — " that being thus ftrengthened, this fociety may " be better enabled to govern itfelf with more propriety, and to " render afliftance to their fellow-citizens in this neighbourhood, " and in parts more remote, that they in their turn may extend *' ufefill knowledge ftill further from town to Village, and from '" village to town, until the whole nation be fufficiently en- " lightened and united in the fame caufe, which cannot fail 6i " being the cafe, wherever the moft excellent works of Mr. " Thomas Paine find refidence." Thofe works are the works Which have held an hereditary monarchy, however limited, to be inconfiftent with the rights of man ; which have held the conftitution of parliament in this country to be inconfiftent with the rights of man ; and thofe works, upon the principles of that inconfiftency, have held even the parliament itfelf incompetent to reform any abufes in govern- mafat. The paper they tranfmit ftates as a fact, that the number of members at Sheffield were in March 1792, two thoufand. That the Conftitutional Sdtiety in London and the Conftitutional G 3 Society ( 86- ) Society at Sheffield, ' thus numerous, fhould have had no connect tion by affiliation till the 14th of March 1792, though, on that 1 4th. pf March' 1 792, it 'appears that the Sheffield .Society had had correfpondence,' and had'becpme connected with the Londoiv, Correfponding Society, prior to the Londpn Correfponding Society fending the paper I before ftated to the Cpnftitutional Spciety,' is fomewhat remarkable. '" The paper proceeds thus: "This fociety, compofed chiefly " of the manufacturers of Sheffield, began about four month's " ago, and is already increafed to nearly two thoufand mem bers." In this letter, dated March 14, 1792, they ftate it to have amounted to two thoufand, exclufive of neighbouring towns and villages, who were forming, themfelves into firriilar focieties. Tliey then ftate the principles upon which the fo cieties are formed, and that " they have derived more true kriow- " ledge from the two works of Mr. Thomas Paine, entitled "^Rights of Man, part the firft and fecond, than from' any " author qn the fubject.. The practice as well as the prinsiplel " of "government is laid down in thofe works, in' a manner fo " .clear and iriefiftibly convincing, that this fociety do hereby " refolve to give their thanks to Mr. Paine for his two faid " publications entitled Rights of Man." Gentlemen, I -beg your pardon for addrefling you fo much at length on this cafe, but I feel it my bounden duty to the public, to you, and to the prifoner at the bar, to warn you fully of the .whole of it. There is nothing which, I am fure, would more certainly happen than that I .fhould go, not only out of this court, but te my grave,with pain, if I fliould have ftated to.yom in a proceeding of this nature the doctrines of Mr. Paine^ otherwife than as I think of them. If that is meant to be inti,- mated, that we may have no difpute abput them, and that we may net mifunderftand what is that principle, and that practice, to which die paffage I have now read, alludes, 'you will allow me to read a few paffages out of this fecond part of the Righj^ of Man, faid to contain both thcprinciple and practice of govern ment, and then I a/k you what thofe muft have intended, with refpect to the government of this country^ who meant to take 5 any ( 87, )¦ any ftep in order to make a change in it, in fuch a way as the principle and practice laid down in that book would require them to make it, recollecting that the government of this country is a government confifting in a King, having an hereditary crown, together with lords and commons, forming a parliament accord ing to the laws and conftitution of England. Now, that author, in the firft place, expreffes a great deal of what poffibly may be differently thought of by other perfons, hut what I cannot call good will to the people of England — for he fays, " that during the time of the American war, he was " ftrongly impreffed with the idea, that if he could get over to " England without being known, and only remain in fafety till " he could get out a publication, that he could open the eyes " of the country with refpect to the madnefs and ftupidity pf " its government." Let us fee in what that madnefs confifted according to him: having ftated in his former book that a government ought to exift in no country, but according to the principles of the Rights of Man — he repeats again the diftinction he had ftated in his former book, between what he calls the two fyftems : he fays, " that the one now called the old is hereditary, either in whole " or in part," which is that of England; " and the new is en- " tirely reprefentative," — that is a government confifting of a commons houfe, if you choofefo to call it. — We know, that in 1649 the ruling government in this country was called a parlia ment, called a commons houfe, and it was then enacted, that if any perfons fhould attempt to put a King into this country, they fliould be deemed traitors, with much lefs of an overt act manifefted, than is neceffary at this day. Again it is ftated, " an " heritable crown, or an heritable throne, or by whatever >( fanciful name fuch things may be called, have no other figni- fi ficant explanation than that mankind are heritable property. " To inherit a government, is to inherit, the people, as if they " were flocks and herds." " Hereditary fucceflion is a burlefque upon monarchy. It " puts it in the mpft ridiculous light by prefentingit as an office, " which any child or idipt may fill. It requires fome talents to G4 "be ( 88 ) " be a common mechanic, but to be a King requires only th*- " animal figure of man, a fort of breathing automaton. This " fort of fuperftition may laft a few years more, but it cannot '( long refill: the awakened reafon and intereft of man;" then, " in whatever manner the feparate parts of a conftitution may " be arranged, there is one general principle, that diftinguifhes. " freedom from, flavery, which is, that all hereditary govern- , " ment over a pepple is to them a fpecies of flavery, and repre- " fentative government is freedom ;" then, fpeaking of the crown of England, that crown, in which, according to the law and conftitution of this country, according to its principle and practice, i§ vefted {he fovereignty in the manner in which I have, ftated, it, he fays, '.' having thus glanced at fome of the defects, '', of the two houfes of parliament, I proceed to what is called, ?' the crown, upon which I fliall be very cpncife," ¦ f f It fignifies a nominal office of a million fterling a year." — • Again, Gentlemen, give me leave to obferve that this, which has been fo often detailed for the worft of purpofes, cannot. but be known tq thofe whp know any thing of the conftitu tion of the couptry— (I charge nobody elfe— thofe, whq know any thing of the cpnftitutipn— I charge not thpfe who, do npt knpw it) — tp be in fubftance a grofs mifreprefenta- \ tion — " the bufmefs of which confifts in receiving the money. " Whether the perfon be wife or foplifli, fane or infane, a na- " tive pr a foreigner, matters npt. Every minifter acts upon «' the fame idea that Mr. Burke writes, namely, that the people " muft be hpodwinjced, and held in fuperftitious ignorance by " fome bugbear or other ; and what is called the crown anfwers " this purpofe, and therefore it anfwers aU the purpofes to be " expected from it." Gentlemen, in another part of this work, you will find that Mr. Paine was very well aware pf what thefe Sheffield corres pondents were aware of, if they were the compofers of the letter to which I have alluded ; that the principles, laid down in the conftitution of France, which tliefe two books were to recom mend, and tlie principles, ftated in Paine's firft bppk, were abfo- lutely inconfiftent with the conftitution itfelf of France, as ft exifted, ( H ) #xifted at that moment ; and Paine prophetically (he would not have had common fenfe if he had ftated it otherwife), even in the beginning of 1792, when he publifhes this book, foretels that.the government of France with a King a part of it, upon his principles, and the principles profeffed by the conftitution of France, could not exift: he forefaw that in Auguft 1792, and I will prove, thzrt thofe perfons, who were thus approving the principles and practice of Paine, knew that a King could not exift confiftently with thofe principles ; and they adopted them therefore, as we infift, in order that a King fhould not exift in this country, Gentlemen, thefe refolutions, being received perhaps from Sheffield, a ftep is taken upon them in the Conftitutional Soci ety, and a ftep, which gives an authenticity to the book I have in my hand, namely, the book of their proceedings, which is remarkable enough, for in this fociety's book there are thefe refolutions, which are fuppofed to be received from Sheffield, wafered to the book, and then with a view of ^ publication of them, you will fix your view to a publication bf them, in the Morning Chronicle, World, Poft, Times, Argus, Englifh Chronicle, and General Evening Poft, for the purpofe of cir culating the principles of Mr. Thomas Paine, and for the pur pofe of circulating the reprefentation, which is made in thefe refolutions. There is firft of all in Mr. Tppke's hand-writing, — " Society for Conftitutional Information, London, March i%d, " 1792. This fociety having received the following and other *' communications Jrom Sheffield, vi%."—A\\% hand-writing — then, *' March 14th, 1792," — his hand-writing — then the wprds " two thoufand members" fcpred under, I cannot fay by him, but by fomebody, I fuppofe for the purpofe of being printed in italics; and there is at the conclufion of this minute in the hand writing of/Mr. Tooke, " That the fecretary do return the thanks of this fociety to the !' fociety for Conftitutional Information ejiablijhed at Sheffield, and " that he exprefs to them with what friend/hip and affection this " fociety embraces them, as brothers and fellow labourers in the fame " caufe;'-' — of principle and practice I fuppofe. " That he do af- f Jure them af our entire, concurrence with their opinion, viz. that *¦' the ( 9° > " the people of this country are not, as Mr. Burke terms ' them, " fwine;" — the writer of this muft have known very well the fenfe in which an improper word, I readily admit, was ufed by the perfon to whom he now alludes,—-" but rational beings, better* " qualified to feparate truth from error than himfelf, poffeffing more " honejly, and lefs craft." *l Refolved, that this fociety will on Friday next, March 31/?, •' ballot for the twelve- officiated members recommended by the *' Sheffield committee, and approved at this meeting." — Then this paper is thus ordered to be publifhed for the primary purpofe, I fubmit, of recommending that principle and practice, which makes the Sheffield people " fellow labourers" with the- Con ftitutional Society in the fame caufe of principle and practice, and whichboth, in the principle and practice, was aimed at tlie deftruction of the government of the country ; of that hereditary monarchy, which Paine reprefents as tyranny ; of that limited monarchy, which he reprefents as tyranny ; and for the purpofe of recommending that reprefentative government, which, 1 fay, is the true fenfe of all the words which thefe pepple ufe : but this is not all — ypu will obferve, that this paper pf refolutipns was accompanied by a letter, in which letter there is alfo tlie liand- writing of Mr. Tppke, and that the paper ftates that two thou fand members belong to the fociety at Sheffield, and that this number is to be ftated by publication, as the number of perfons belonging to the fociety at Sheffield. In another publlcatipn they are ftated to amount to twP thoufand four hundred — in Np- vemberi793, it is ftated, that they were many thpufands : npw ypu will fee from the witneffes, fome pf thefe cprrefppndentsi. thefe able men, whp are fo little cprrupt, in the cpurfe pf exami nation—you will fee, unlefs I am miftaken in the effect of the evidence I have to offer, the truth of an pbfervation that I made, that mankind were to be rrjifled,, and focieties were to be invited to be created, by the mifreprefentatipn of numbers, and by giving to exifting focieties a colour in that refpect, which did not belong to them'; for to this hour, after all the pains which has been -taken with the Sheffield people (and what pains you will hear), |hofe perfons, who were two thoufand, have npt yet arrived tQ bpt abput fix hundred, % Gentlemen, ( 9* ) Gentlemen, this Society, having in this letter exprefied an inclination that they fhould have fome affociated members in the Conftitutional Society, that affiliation begins in the Conftitu tional Society in London, which I have alluded to, and accord ingly you will find, that upon the 31ft of March, twelve perfons were ballotted for as from the Sheffield Society, and became affo ciated members of this fociety ; you obferve, that this letter had ftated from Sheffield that they had received before a communica tion from Mr. Tooke, and Mr. Tooke afterwards writes a draught of a letter which is fent to them, in which he ftates, " I am directed by the Society for Conftitutional Information *' to acknowledge the receipt of your letter, and to exprefs to *' you that very great pleafure and fatisfaction which they re- " ceived from your communication ; the fociety have unani- *' moufly elected twelve" (here follow the names of the perfons,) *' as affociated members pf this fociety," — Thefe perfons being cer- t.aiuly, Gentlemen, extremely refpectable men as fubjects of Great Britain, bu):, at the fame time, men, that, one wonders a little, fliould, upon fuch a purpofe as this, withput a little more in- ftruction being infufed into their minds, have been affociated as members into this fociety — " and we flatter ourfelves, that " when any bufinefs or other occafion fliall lead any of thofe *' gentlemen to London, they will be kind enough to honour f the fociety by their prefence, and give us an opportunity of f* cementing that friendfhip between us, which all the zealous t' friends of public freedom and the happinefs of mankind ought f ' to feel and exercife towards each other, , " P. S. I am defired by Mr. Home Tooke, to requeft each *' of the affociated members to honour him by the acceptance <' of the books which accompany this letter;" — which were, I apprehend it appears, fp many parts of the Rights of Man. Gentlemen, upon the 24th of March, 1792, a paper appears to have been fent to the Conftitutional Society from a neft of focieties, the United Conftitutional Societies at Norwich : thisj was the 24th of March, 1792, and it appears, as I am inftnuted, that the wprds ". 24th March, 1792," are alfo in the hand-writ- jng of Mr. Tooke, «' A? ( 92 ) . - " At a meeting of the delegates of the United Conftitutional " Societies^ held the 24th March 1792, at tlie Wheel of For- " tune, St. Edmund's, in the city cf Norwich, it was unani- " moufly agreed to communicate to the gentlemen of the «' London Society for Conftitutional Information, the following " refolutions : " I ft. We are happy to fee the fuccefs of the Sheffield Society " for Conftitutional Reform, and approve of the delegations, " which you and they have made in order to form a plan of " general information. We humbly beg that you would grant to " us the fame favour ; and it is our wifli, that all the focieties " of a fimilar kind in England were only as fo many membeps " ftrongly and indiffolubly united in pne pplitical body. " 2fSy. We believe that hiftrudting the people in political ** knowledge, and in their natural and inherent rights as men, 'i is (die only effectual way to obtain the grand object of reform,' " for men need only be made acquainted with the abufes of " government, andi they will readily join in every lawful means " to obtain redrefs ; we have the pleafure to inform you that our " focieties confift of fome hundreds, and new focieties are fre- " quently forming, which, by delegates, preferve a mutual in- " tercourfe with each other, for mutual inftruction and infor- *' mation ; and the greateft care has been taken to preferve order " and regularity at our meetings, to convince the world that *' riot and diforder are no parts of our political creed. " 3dly. We believe, and are firmly perfuaded," (and if any man thought fo he had a right to fay fo if he plea fed,) " that " Mr. Burke, the once friend of liberty, Jias traduced the greateft " and moft glprious revolution ever recorded in the annals of " Iiiftory ; we thank Mr. Burke for the political difcuflion pro- " voked, and by which he has opened unto us the dawn of a " glorious day, " 4thly, To Mr. Thomas Paine our thanks are efpecially " due for the firft and fecond parts of the Rights of Man, and " we fincerely wifli that he may live to fee his labours "—that is the deftruction of hereditary government and limited mpnar-r chy, and confequently the government of England — " crowned *' with *T it*) " with fuccefs in the general diffufion of liberty and happineii " among mankind." Gentlemen, this letter does not appear (though the words, the 24th of March, are in the hand-writing of Mr. Tooke) to have been read in the Conftitutional Society till the 14th of May, 1792, when they read this letter, and alfo another, which I will now ftate to you, from the fociety called the Norwich Revolution Society. " The Norwich Revolution Society wifhes to open a com- " munication with you at this time, when corruption hasac- " quired a publicity in the fenate, which exacts from the «' honour of the Britifh nation renewed exertions for pariiamen- " tary reform — without prejudging the probable event" — (this is a material paffage, when you connect it with wiiat is found in other fubfequent papers) — " even of fuch an application to the " legiflature, the fociety is willing to circulate the information, " and to co-operate in the meafures, that may feem beft adapted " to further fo defirable and fo important an end ; it is willing " to hope the redrefs of every exifting grievance at the hands " of a government refulting from an extraordinary convocation " in 1688 — an extraordinary convention of all, who had at " any preceding, time been elected reprefentatives of the people, " affifted by the hereditary counfellors of the nation, and a " peculiar deputation from the metropolis ; which national con- " ftituting affembly cafhiered for mifconduct a King of die " Houfe of Stuart." The opinions and principles of" this fociety are beft ex plained by an appeal to their literary reprefentative — " To " James Mackintofli, author of the Vindicia? Galicae, the fo- " ciety offers the tribute of its approbation and gratitude for the " knowledge, the elcquence, and philofophical fpirit, with which " he has explained, defended, and commented on the Revolu- " tion of France ; it hefitates to affent to this only of his " opinions — that there are but two interefts in fociety, thofe of " the rich, and thofe of the poor — if fo, what chance have the " latter ? Surely the interefts of all the induftrious, from the " richeft merchant to the pooreft mechanic, are, in every com- *J munity, the fame to leffen the numbers of the unproductive, " to ( 94 ), ** to whofe maintenance they contribute, and todo awayfecfi " inftitutions and imports as abridge the means of maintenance " by refifthtg the demand for Jabour, or by fharing in reward, u as the means moft condticive to this comprehenfive end the " Norwich Revolution Society defites an equitable reprefenta- " tion of the people. " The Rights of Man by Thomas Paine, and the Advice to " the Privileged Orders by Joel Barlow," a bopk which I fhall give in evidence, and therefore fliall ftate fome paffages from prefently, " have alfo been read with attentipn and circulated. " with avidity."— Npw Barlpw's bppk ypu will find is, in th.Q plaineft and mod unequivocal language, as I underftand it, an exhortation to all people to get rid of kingly government, and addreffed more particularly to the two focieties I have mentioned, as containing the fubftance of the bufinefs, in which they are interefted, as you will fee when I come to ftate the tranfactions of October 1792. ' The Rights of Man by Thomas Paine, and the Addrefs to the Privileged Orders by Joel Barlow, have alfo been read " with attentipn and circulated with avidity; they point out " with clearnefs moft pf the abufes which have accumulated " under the Brltifh gpvernment ; they attack witli energy iriofr. *' of the prejudices which have tended to perpetuate them." Now, how any man living could thank thefe people without informing them that, if they really meant well to their cpuntry, they muft be ignorant in the extreme, or fomethirig worfe, if they could recpneile either the Rights pf Man pr Jpel Barlpw's book on the privileged orders with the principles pf that Convention in 1688, which is the foundation of the liberties of this country, is to me quite inexplicable. But, after ftating the conftitution. of this country, in a letter fabricated with great art, there follocv the twelve names of the intended affociated members from'Nor- Wich, and the defcription of fome of thefe twelve happens alfoj from a fingular circumftance, to be in the hand-writing of Mr. Tooke. Then this fociety returns thanks to the focieties at Sheffield and Norwich for thefe communications. The < The fefolutions of the London Correfponding Society, which I told you were fent on the 30th of March, are to this effect. " Refolved, That every individual has a right to fhare in the " government of that fociety of which he is a member, unlefs " incapacitated." ' " Refolved, That nothing but non- age, or privation of rea- " fon, or an offence againft the general rules of fociety, can in- •* capacitate him." " Refolved, That it is not lefs the fight, than the duty of *' every citizen, to keep a watchful eye on the government of *' this country, that the laws, by being multiplied, donotdege- " nerate into oppreflion, and that thofe who are intrufted with • *.' the government do not fubftitute private Intereft for public " advantage." " Refolved, That the people of Great Britain are not pro- " perly reprefented in parliament." " Refolved, that in confequence of a partial, unequal, and " inadequate reprefentation, together with the corrupt method " in which reprefentatives are elected, opprefiive. taxes, unjuft " laws, reftriet ions of liberty, and wafting of the public money, " have enfued." r «' Refolved, That the only remedy to thofe evils is a fair aricf " impartial reprefentation of tlie people in parliament." " Refolved, That a fair and impartial reprefentation can " never take place until partial privileges are abolifhed, and the " ftrong temptations held out to electors - afford a prefiimptive " proof, that the reprefentatives of this country feldom procure " a feat in parliament from the Unbought fuffrages of a free " people." " Refolved, That this fociety do exprefs their abhorrence of •' tumult and violence, and that as they aim at reform, not " anarchy, reafon, firm'nefs, and unanimity, be the only arms- " they employ, or perfuade their fellow citizens, to exert againft " ahufe of power." Gentlemen, r 96 ) Gentlemen, in this; which I have now read to you, I arji Willing, if you pleafe, that you fhould conftrue every word of it, though certainly it is not confiflent with the principles'of Britifh government, upon this principle, that thofe, who fent that paper to the Conftitutional Society, if it even was fent there at all, really underftood it to be confiflent with the prin« ciples of the Britifh government, and I claim no credit forthe veracity with whicli I affert, that this confpiracy has exifted, unlefs I fliew ypu by fubfequent acts pf this fociety, that, at this moment, they meant what Mr. Paine fays, in principle, and practice, is the only rational thing — a reprefentative govern ment ; the direct contrary of the government, which is efta. lifhed here. Ypu will find, by What I fhall lay before yoti, that there? was a fociety in Southwark — To this fociety the London Cor'- refponding Society, in a letter which I have to read to you prefently, ftated their adoption of all Mr. Paine's principles, witli a view, as I think, to the practice recommended in his works; this fociety alfo received the thanks of the Conftitutional Society for a communication which I am about to ftate to you ; and the Londpn Cprrefponding Society afterwards entered, as it feems to me, into a cpmbinatipn with them, uppn the principles ftated in that cpmmunicatipn : I fay it is imppflible, attending to thefe facts, for any man who reafons fairly, to doubt that the principles of the London Correfponding Society and of the Cpnftitutipnal Spciety was to form a reprefentative, government in this cpuntry. A declaratipn from a fociety in Southwark was read :— " Refolved, That the thanks of this fociety be given to the " Southwark Society for the following communication, and " that it be publifhed in the newfpapers :" " April 19, 1792, at the Three Tuns Tavern, Southwark-' "•Refolved, That we dp now form ourfelves into a fociety fet " thediffufion pf pplitical knpwledge." " Refolved, That the fociety be denominated the Friends of the People." «« Refolved, f 9* I i"" "Refolved, that the following be i the ' declaration of this '- fociety" — which is the preamble to the,conftitution in France, in the year 1 791. " Confidering that ignorance, forgetfulnefs, Or contempt of " the rights of' men, ate the fole caufes of public grievances, " and the corruption of government, this fociety, formed for " the purppfe pf inveftigating and afferting thpfe rights, and pf " Uniting our efforts with others* of our fellow-citizens for " correcting national abufes,' and reftraining unneceffary and " exorbitant taxation, do hereby declare — " Firft, That the great end of civil fociety is general hap- " pinefs. " Secondly, That no form of gpvernment is gppd, any further " than it fecures that object. " Thirdly, That all civil and political authority' is derived *' from the people"-^-that people, of whom they were after-* * wards to form a convention. " Fourthly, That equal active citizenfliip is theunalienablcs- " right of all men, minors, criminals, and infane perfons, ex-* " cepted." Now will my friend difpute with me what thefe principles* according to the ideas of thofe, who ftate them, lead to? " Fifthly, That the exercife of that right, in appointing ail " adequate reprefentative ¦government"— -That is the government, which Mr. Paine tells you", rejects every thing that is hereditary - — is what ? — " tlie wifeft device of human -policy" — not only that, but it is- — " the only fecurity of national freedom."— - Then, is not that a direct affertion, that the Britifh government exifts upon principles not reconcileable with the principles of a gpvernment that can have any fecurity, pr fuch a fecurity as it ought to have for general freedom ? The Spciety for Conftitutional Information return their thanks upon that alfo, and then thofe perfons who write this letter fay farther in the fame paper — * " We call upon our fellow-citizens, of all defcriptlonsi to* " inftitute focieties for the fame great purpofe" — that is, the H purpofe f g* T purpofe of introducing reprefentative governrrienf — " aria tve ',' recommend a general correfpondence with each other" — but attached and riveted to the Conftitutional Society — ¦" and with " the Society, for Conftitutipnal Information in Lpndon, as the " beft means of cementing the common union, and of direct: '.' ing with greater energy pur united efforts to the fame com- " mort objects." -, What were the Ejects of this fociety ? YoU wiU find that the objects of this focsiety were the pbjects pf the Cpnftitutional Spciety ; and you will find prefently, that they were the object* of the Correfponding Spciety : — The Cpnftitutipnal Society re- ibived, " that every fociety, defiring an union, or correfpond*- " fence with this, and which dotli not profefs any principles " deftruetire to truth or juftice" — now this gives occafion for the firft remark I have to make uppn language — " pr fubvertive !' to the liberties of our country ; but which, on the contrary, '* .-fecks, as we do, the removal of corruption from the legifla- " ture and abufes from the government, ought to be, and we •' -hope will be embraced with the moft brotherly affection and *\ patriotic friendfhip by this fociety," I obferve upon this, that all this handfome language is per fectly confiftent with this principle, in the minds of thofe who write it, and they do not venture to explain it, becaufe I thinjti they durft not explain it — with this idea in their minds, that thofe principles were, deftruetive of truth and juftice, were fub- verfive to the liberties of the country, which were principles in oppofition to thofe of Mr. Paine ; and that all practice, that was in oppofition to the practice he recommends, was fubverfive to the'liberties of the country. I come now to a circumftance or two, which lead me to ftate fhortly what will be proved to be the original conftitutioB of the London Correfponding Society — the plan, (the efficacy 4 which had been tried in France, and which men, who came from that country, were probably well acquainted with)— was, to unite, firft, fmall bodies of men — as foon as they came to a greater number, to divide them into fmalJer parties, and h to fpread themfelves by degrees, (as you will find in the letters, Was the purpofe of thefe focieties) from town to town, from vil- 3 fag? r§9 ) Jage to village, from hamlet to hamlet, till, as they explain itj there fhould not be an unenlightened man in the country. The Conftitution of the London Correfponding Society was formed upon this principle ; it will appear from the written evi dence which will be produced to you, that a Gentleman of the name, I think, of Felix Vaughan, was appointed a delegate upon the 30th of April for No. 63 ; that Mr. Hardy confulted him' ; and, being alfo appointed to form a conftitutional code of laws for the London Correfponding Society, Mr. Hardy confulted hint' Upon that fubject. The preamble to the refolutions which formed their conftitution was this, " Whereas it is notorious that very nu- " merous burdenfome and unneceffary taxes are laid on the perfons " and families of us and others the induftrious inhabitants of Great " Britain, an exceedingly great majority of whom are, notwith- " ftanding, excluded from all reprefentation in Parliament; and' " as, upon inquiry into the caufe of this grievance, which is at " once an obftruction to our induftry, and a diminution of oup " property, we find that the conftitution of our country, which " was purchafed for us at the expence of the lives' of our ancef- " tors, has, by the violence and intrigue of criminal and de- *¦' figning men, been injured and undermined in its moft effential " and important parts, but particularly in the Houfe of Com-' " mons, where the whole of the fuppofed reprefentation of the *,' people is neither more nor lefs than an ufurped power." (I hope, Gentlemen, it cannot be required that I fhould con tend againft fuch an affertion in this place; if a court of law in this country has not loft all the character that be longs to law, and how that ufurped power was ever tb be employed as an organ in the conftitution of that new" reprefentative body that this Society aimed at, confiflent with their own principles, remains to this. moment unintelligible- to me)—" arifing either from abufes in the mode of election and " duration of Parliaments, or from a corrupt property in Certain lt decayed corporations, by means of which the liberties of. this " nation are bfefely bartered away from the bribed profit of the " Members of Parliament ; and as it further appears to us, that; *' until this fource of corruption fhall be cleanfecl by the deteri " rninatlon, perfeverance, firmnefs, and union of the people at " large, we are robbed of the inheritance fo acquired for us by H 2 ' " our (' 100 ) " olir forefathers, arid that our taxes, inftead of being leffenq^ " will go on increafing, as they will furnifh more bribes, places,: " and penfions,to Minifters and Members of Parliament: we " therefore, having refolved to unite ourfelves into one firm andt " permanent body, for the purpofe of informing ourfelves and. " others of the exact ftate of the prefent parliamentary reprefen- " tation, for obtaining a peaceful but adequate remedy to this intolerable grievance, and for correfponding and co-operating,. " with other Societies, united for the fame objects, have unani-, " mpufly adppted the folfowing regulatipns for the internal order " and government of our Society." They then ftate their regu-f' latipns; and their conftitution having been thus formed, they pub-- lifh it afterwards in the month of May. What obfervations they ftate to the public upon it in the mpnth of May, I fhall have occa-t fion to reprefent prefently ; you will fee the manner of proceeding' with refpect to the election of their delegates, by the production pf a particular paper. On the 1 3th pf April, a perfon, whomt, you have heard much of, Mr. .Margarot, is appointed a delegate ; upon the ,30th of April, Mr. Vaughan was, as far as the paper- is evidence of the fact, appointed delegate for No. 63; Mr.- Richter, a party named in this indictment, and Mr. Martinj| another party, againft whom the Grand Jury have found a bill,' but whp is not named in this indictment, are alfo appointed de-' legates. Mr. Hardy is not only Secretary,' but he is appointed;' upon the 13th of April, a delegate; and theTe is a choice of de legates for the whole of thefe bodies. You .will find they. after wards met from time to time, to-purfue the great purpofes, of their incorporation, at an alehoufe, I think tbe Bell in Exeter- ftrect, in the Strand, from which place fome of the correfpon dence I am about to ftate to you comes. Gentlemen, the Society for Conftitutional Information, having1 affiliated feveral Societies very fuddenly with themfelves — whether* Mr. Paine remained in this country or not I cannot tell — they felt an inclination to affiliate with another Society, which is to be, as it appears to me, in juftice to them, very ftrongly diftin" guifhed indeed with refpect to the principles, upon which they acted, I mean the Society calling itfelf the Friends of the People^ meeting J roi ) "meeting at Free Mafons Tavern ; with what prudence or difcre- tion that Society formed itfelf is a fubject which I fhall not difcufs, but it is a moft important fact, that in the firft attempt, which the Society for Con'ftitutibnal Information made, (and it ought to be known in juftice to the Friends of the People) the firft at tempt they made to affiliate themfelves with the Society of the Friends of the People, that Society in correfpondence, that will be read to you, acts, as fome individual members of the Gonfti- tional Society had done, they fay — " No, we difcover your defign " from what you are doing; you tell us, from your approbation " of refolutipns entered into at Manchefter, figned by Mr. Walk- " er, and Mr. Jackfon, that you approve the fort of fchemes *' Mr. Paine has fet forth ; that you approve projects of giving, in " lbofe and indefinite terms, the full extent of. what you call the *' rights of the people to the people : that is npt pur intent ; we " think" — and, Gentlemen, many a man may very hpneftly think it, but he muft go about the execution of his thoughts in a legal way, if he does fo think, if he means to reduce his thoughts into practice — " we think that Parliament is not ade- " quate to all the ends, for which it is inftituted a • a body, through "which is to be fpoken, as far as the conftitution requires, the -" will of the people; but we do not mean what you mean ; we " mean to preferve the forms of the conftitution, which it is clear " you do not ; we mean," fays Lord John Ruffe], in a letter, which will be read, " to preferve the forms of the conftitution* " and therefore muft decline all correfpondence with you." Gentlemen, it happens — it belongs to Societies of this nature, and I defire to be uriderftood therefore, in ftating it, only as ftating a cireumftancei-which in its nature does belong to thofe Societies, and which will happen— that it was thought neceffary, for the great purpofe of doing that which was eventually to be done, that a Society, which had rejected Co-operatipn with .the Society for Conftitutional Information, fliould ftill be kept,, for the pur pofes of the .Society for Conftitutional Information, in fact, and effect, correfponding and connected with it. Accordingly you will rind that this Society of the Friends of the Peojie, rejecting upon principle the plan which they thought abandoned the forms of tlie conftitution, that this Society retained, in its own bo- H3 fom, f I03 } foin, acoording to the accpunt I have of it, marty members,' whti happened to belong to the other Society, and the work pf both Societies went on by the fame-inftfuments : they were thus there* fore connected in fact, though they did npt chppfe as a body to have cne Spciety in cpnnection with the ether. Gentlemen, having ftated that, ybu will fallow me now. to mentipn, though it is a little out of date, but it alfo conned^ itfelf with and illuftrates the laft pbfervatipns I made, that ths Spciety at Sheffield, which had cpimected itfelf by affiliation with the Society for Cpnftitutipnal Information, and you will alfo find with the Lpndpn Correfponding Society, had received, about the 24th of May, intelligence from the Society of the .Friends of tlie People, which ftated to them very correctly what their objects were, the means, -by which they meant to accom- plifh them, and the attention, which they meant to pay to the forms of the Conftitution. You will now fee what the Society for Conftitutional Information underftood to be the objects of the Sheffield Society, and what the Sheffield Society underftood to be the objects of the Society for Conftitutional Information. The Sheffield Spciety (thpugh I dp npt knpw that they kept their Wprd) diftinctly difavpwed, in a letter pf the 26th May; to theCofi- ftitutipnal Society, having any thing more to dp with that Society —called the Friends pf the People — which meant to preferve the forms of the conftitution ; reprefented that they had totally mit underftood them, and would have nothing more to do with them) but to the extent, to which the Society for Conftitutional In* fprmation permitted. You will find in a letter from Sheffield, of the 26th May>ian(t this corrected by Mr. Tooke, that they thank the" Conftitutional Society for accepting their members. They then ftate that they had increafed to two thoufand four hundred. — " On Saturday " laft, the 19th inftant, we received a packet of printed addreffes, " refolutions, &c. from the Society (Free Mafons tavern), whicfy " pn mature cpnfideratipn we find purfelves npt fo well recpnciled " to the ideas they convey to us as we could wifh, if they had " appeared in a different point of view ; nor dp they afford as " fuch a flattering profpect, as we were apprehenfive might be *l expected from an affpeiatfon of fo refpectable a bpdy, under " the '**¦ the high denomination of the Friends of the People, In bur " opinion, their anfwer of the 12th inftant to your letter pf the V 27 th ultimo is no ways compatible with that appellation ; " from the known refpectability of many names which appear; " amongft them, we had entertained great hopes of their real ?' ufe" — mark the words Gentlemen — " in obtaining athorough " reform" — now mind what that reform is — " in obtaining a " thorough reform upon theprinciples of the Rights qf Man," — >. that is, a reprefentative government, rejecting the King, and rejecting every Pther part pf the cpnftitutipn of this cpuntry, ex cept fo far as it was confiftent (indeed it is not confiflent with any part of it) with the principles of the rights of man—-" which can *' never be accomplifhed until every man enjoys his lawful and *' juft privileges," " Previpus to the reception of this packet, we did communis; " cate to them by letter the pleafing hopes it reflected on us on " looking forward, viewing fuch refpectable characters fignali'/jng " themfelves in fijpport of the people's rights, agreeable to thte above principles, and the denomination by which they have entitled themfelves, &;c. In 'due courfe they would receive '* our letter laft Thurfday feven-njght ; and in confequence, we " apprehend the packet was forwarded to us on the fame day, " but without any written communication. We fhall not at- *' tempt any further communication with them, until we are *' favoured with your fentiments upon the fubject, or until " matters of doubt which are at prefent entertained be removed." Then there is a note, which fbews the neceflity of this foftering care of the Conftitutional Society ; they fay — "¦ Birmingham in " particular claims all the afliftance from eftablifhed Societies, *' which poffibly can be adminiftered." Having written to the Conftitutional Society upon the 26th of May, they find it expedient, for the fame purpofe, to trouble. their correfpondents of the Loudon Correfponding Society; " We were favoured with your very affectionate letter of the " 7th ultimo, and communication, in due courfe ; and I am *' direfled by this Society to inform you, that it is with infinite H 4 " fatisfaction. «< ( 104 ) f' fatisfaaion they receive the information, that your firm anj >' laudable endeavours are dire&ed to that effeaual .and neceft*" "fary p-urpofe, rof opening and enlightening the public mind, " and diffeminating.ufeful knowledge amongft the general mafs .".of the people: by an orderly proceeding in a firm purfuit of ." truth ancj equity, there cannot be a doubt but that our joint t' endeavours will iri due time be crowned with fuccefs. ""As brothers and fellpw-labourers we congratulate you on " the rapid progrefs of ufe'ful and real knowledge in' thevarious " parts of this nation, which fufficiently indicates that the time " cannot be far'diflant when truth will be more predominant, , " equity more generally admiriiftered, and found wifdom more " uiiiverfally fought after ; when pride, ambition, and ignorance, " give place to thefe virtues, when oppreffion ceafes and charity*; ".abounds, when men in principle and practice verify the necef- ?' fity and advantage of doing to others as they wifh to be done " by ; then, and not till then, can any people or nation be faid " to be happy. " We have herewith incfofed our rules, &c. ShOuld have " written you much fooner, but on account of a difappointment " in the printing of our articles, &c. " Our numbers cpntinue to increafe, bpth here, and in the. " adjacent towns and villages; a general concurrence prevails, ?' as to the neceflity of the bufinefs, and die meafures adopted- by " this Society for obtaining our object. It will be of great im- *' portance to the caufe we are engaged in, that a more frequent " communication be maintained amongft all the fimilar inftitu-i " tions ; for which reafon we beg the favour of your correfpon- " dence at every convenient oppprtunity, which will be highly " obliging to this Society, who in return pledge themfelves to f obferve the fame rule." Gentlemen, having ftated to you now what it was that the Society of tlie Friends of the People difcovered tp be the objefl§| of the Conftitutional Society, and I agreeing with them in think ing their difcovery upon that fubject was accurate and right, you! will find it neceffary to go tjack and to proceed in the order of tim&* 6 • t ioS ) time to the 7 th of April. Mr. Hardy fent from the London Correfppnding Society a copy of their refolutions to the Society for Conftitutional Information, which was eftablifhed at Man chefter, and defired alfo to have correfpondence with them, as thdy were all engaged in one common caufe ; that Manchefter Society, you will recollect, which hoped that the other great benefits which Mr. Paine had ftated, would be carried into effect. He fays, " We began this fociety about ten weeks ago ; it is " compofed chiefly of tradefmen and fhop-keepers. The inclofed " will inform you of the principles we fet out upon. — When we " firft affociated, we flattered ourfelves that no other focieties in " the nation were formed upon the fame principles — but in two " or three weeks afterwards we were moft agreeably informed of *< our brethren at Sheffield having taken the lead in fo glorious a " caufe — we immediately wrote to them, and were anfwered " without delay, expreffing a wifh to unite with us, for promot- " ing the ends we have in view, and we are affured of fuccefs, by " perfevering prudently, and witli unanimity." Upon the 18th of April, 1792, in furtherance of this plan, you will find Mr. Hardy writes a letter to the Prefident of the Society in the Borough — Now that is tlie Society, the principles of which 1 have fo diftinctly ftated before, as leading to repre fentative government, as the only fecurity for liberty in the country. — It appears that their declarations had alfo been fent to the London Correfponding Society ; and Mr. Hardy, upon the 18th of April, 1792, fays, " I am ordered by the London " Correfponding Society, to fend acopv of their refolutions to the " Society that meets at the Three Tuns Tavern in the Borough, " eftablifhed on purpofe for reftoring the rights of election, or, " in other words, to obtain an equal reprefentation bf the " people of this nation in Parliament." Now they had avowed, and avowed in their declaration, that their object' of a reprefentation of the people in Parliament was precifely, that more extended one in its principle, which ob tained at the time of the Commonwealth in England — namely, a repre- ( I0& } b -reprefentation of the people in Parfiament, termed a Parlia> ment, but without King or Lords, a reprefentative government-^ " We flibuld be very liappy to enter into a cprrefpondence witli *' your fociety — as We are alt engaged in the fame ¦ grand and " important caufe, there is an abfolutely neceflity for us tp unitj " together, and communicate with each Pther, that pur fenti- *' ments and determinations may center in one point, viz. to " have tlie rights of man re-eftablifhed, efpecially in this natioij; " but our views of the rights of man are not confined folely to " this final! ifland, but are extended to the whole human race-. ' " black or white, high or low, rich or poor. I give you tie " following as my own opinipn — perhaps ypu may think it a " fingular fentiment" — and then an ppinipn is given, which is my dutv to ftate, though I do not underftand it—" that the " King and the nobles, as much as the peafant and ignoble, ; " are equally deprived of their rights- Our fociety meeis, " every Monday night." s Gentlemen, there is an anfwer to this, from a perfon of tbe name, I think, pf Favell, who is Chairman pf the Friends of the People in Southwark: He fays — " I duly received vour letter " containing the refolutions of the London Correfponding So- " ciety — wliich I have communicated to our fociety in the " Borough — and I am directed to return them the thanks of •' *hat fociety, and to affure them they fhall cordially uniie *' with them, and all fimilar focieties throughout thekingclom, u in endeavouring to effect thofe great objects for which they '" are affociated — namely, to engage the attention of their fel- ~" low citizeqs to examine tlie generaJ abufes of government, *' and to exercife their deliberative wifdom in a calm but in- •' trepid manner in applying thofe remedies." — This is in April; and in Auguft they exprefsly tell you, that there was to be no remedy from Parliament— "In applying thofe remedies which " the Country at large may ultimately require — and they fin- -" cerely agree with you in hoping that the long neglected ¦" .rights of man will be reftored, not only in this country, but " in every part-of the globe where man may dwell. — We fhall '.' very foon tranfmit you a copy of our declaration, and hopf ,*f for your further correfpondence." A letter *J A letter and refolutions from the Revolution and Conftkui tional Societies at Norwich, dated 26th of April, 1792, were read at the meeting of the Society for Conftitutional Informa tion on the 4th of May following : they diftinctly ftate: — that Mr. Paine's books were to be the medium, through which the prejudices that had grown up under the Britifh Gpvernment were to be got rid of, and the Conftitutional Society return them their thanks in thefe words — " This fociety receives the above com- " munication with the moft heartfelt fatisfaction, and defiles " earneftly to concur and co-operate with thofe focieties in their " laudable objects ; that the Secretary do inform them of the " fame, and that this fociety has unanimoufly elected the " twelve Members of the Norwich Societies to be affociated " Members of this Society." Upon the nth of May, 1792, the COnftitufional Society refolved, that there fhould be a communication from that fo ciety with the fociety of the Friends of the Conftitution at Paris, known by the name of Jacobins : they fend an addrefs to tliem, which is in thefe words — " Brothers and fellow citizens of the *' world — " The cordial and affectionate reception with which you have " honoured our worthy countrymen, Mr- Thomas Cooper, " and Mr. James Watt, members of the fociety of Manchefter, " and united with our fociety, has been communicated to us. "*' by the correfpondence of thofe, gentlemen. " In offering you our congratulations on the glorious Revo- *¦' lution which your nation has accomplifhed, we fpeak a " language which only fmcerity can dictate. " The formality of courts affords no example to us : to do " our thoughts juftice, we give to the heart the liberty it de- " lights in, and hail you as brothers. ' " It is not among the leaft of the. revolutions which time is " unfolding to an aftonifhed world, that two nations, nurfed by " fome wretched craft in reciprocal hatred, fhould fo fuddenly *' break their common odious chain and rufli into amity. " The principle, that can produce fuch an effect, is the off- " fpring of no earthly court ; and wliilft it exhibits to us the " expenfive T '10B ') " experifive iniquity of former politics,, it enables us with Bold " felicity to fay we have done with them. \ , ,,' | , " In contemplating the political condition of nations, we " cannot conceive a more diabolical fyftem of government than " that which has been generally practifed over the world; to " feed the avarice, and gratify the wickednefs of ambition ¦' the *' fraternity of the human race has been deftroyed, as if the " feveral nations of the earth had been created by rival godsS " man has not confidered man as the work of one Creator. " The political inftitutions, under which he has lived, have " been counter to whatever religion he profeffed. " Inftead of that univeifal benevolence, which the morality " of every known religion declares, he has been politically bred " to confider his fpecies -as his natural enemy, and to defcribe " virtues and vices by a geographical chart. " The principles we now declare are not peculiar to the " fociety that addreffes you ; they are extending themfelves with " accumulating force through every part of our country, and " derive ftrength from an union of caufes, which no other prin- " ciples admit. " The religious friend of man, of every denomination,, re " cords them as his own, they animate the lover of rational, " liberty, and they cherifli the heart of the poor, now " »under an oppreflion of taxes, by a profpect of relief. " We have againft us only that fame enemy, which is the " enemy of juftice in all countries, a herd of courtiers fatten; " ing on the fpoil of the public. " It would have given an additional triumph to our congra- " tulations, if the equal rights of man, which are the founda- - " tion of your declaration of rights, had been recognized by the " governments around you, and tranquillity eftabljflied in all ; " but, if defpotifms be ftill referved to exhibit, by confpiracy* " and combination, a further example of infamy to future* " ages, that Power that difpofes of events, beft knows the means!; " of making that example finally beneficial to his creatures. '( We f 109 y .." We have beheld your peaceable principles infulted by def-'; " potic ignorance ; we have feen the right, hand of fellowfhip, . " which you hold out to the world, rejected by thofe who riot pn its plunder ; we now behold you a nation provoked into defence, and we can fee no mode of defence equal to that of cJldlUJhing the. general Jreedom, of Europe. " In this beft of caufes we wifli you fuccefs ; our hearts go ' with you ; and in faying this we believe we utter the " voice of millions." _ Gentlemen*; this addrefs was figned by the Chairman of the Conftitutional Society, and . tranfmitted to . Mr. Watt at Paris ; and upon the 28th of May, 1792, was ordered to be publifhed. After this, the principles of Mr. Paine, which, yon obferve, contain the doctrines that I have been ftating to you, were carried further in a third book, (I mean in that bopk called The Addrefs to the Addreflers, which I' fhall alfo be able to give in evidence to you,) Mr. Paine having1 there gone the length of afferting the folly, abfurdity, and wickednefs of the Government, under which we live — not only of afferting the incompetency of government, as it is conftituted, to change itfelf, but having afferted that a Con- ventionary Reprefentation of the people, in that fenfe in which we fpeak of it, muft do this work, he proceeds to the extent of ftating the plan and form of an organization of that fort, upan which the Convention was to be framed. Gentlemen, it was impoffible not to apply to the juftice of the law againft the attack made uppn pur Gpvernment by the perfon who went to the extent I am now ftating, with the ap- probatipn, publifhed pver and pver again, pf thefe focieties, who, in their corporate character, if I may fo fpeak, could not be profecuted for dpirig it — it became neceffary to afk a Jury of this country, whether thefe doctrines were to be tolerated — what is the confequence of that ?' It is, that thefe focieties imme diately enter into fubferiptions for the fupport of Mr. Paine, and they confider themfelves as engaged in, propagating his works in that way, in which no wprk ever was propagated — tp the intent to produce that Convention, without which the nation, in no or ganization ( no } gan!«atibn of its government, could be faid, actordlng to theft, to exift in a ftate of freedom as a Nation. Gentlemen, you will not be furprifed, if it alfo appears that, in going on progreffively to the execution of the mifchief that was intended, they became more rnifchievous ; and you will find members parting from the fociety, exprefsly telling them, that they meant to deftroy the government of the country ; that jfhey cannot, therefore, flay among them ; and to which members. as far as appears from any information that I have had, they did not condefcend to explain themfelves — to fay no, you have miftaken our object — this is not what we mean — but they leave them unanfwered, and go on to execute the purpofes they were about. Having come to thofe refolutipns in prder to fupportMr. Paine in thefe profecurions, they publifh the refolutions^, they publifh the books of Mr. Paine, they publifh thefe refolutionsfin the various newfpapers, (the editors pf thefe newfpapers infuring, if I may fo fay, themfelves againft the hazards pf the law, fomefor more, fome for lefs, and they rifk the hazard of propagating the dpctrines, provided the cpnfideratipn paid is ample enough, as a premium for the rifk,) and then thefe publications are fent down to the cpuntry to various places, in hundreds, and thoufands^ I am ferry to fay, to perfons pf all profeffions to diftribute— I am ferry to fay, to fome pf the molt facred profeffions, whofe names will appear to ypu when they cpme to be read — and this mpde pf propagating thefe doctrines is adapted to the utter im- poffibility of detection, and for the very purppfe pf having that effect — to make the law ef the country unequal to the mifchief which it was to meet. At this time a proclamation was iffued by the executive go vernment of the country, in order to reftrain thefe publications, and both the focieties, you will find, cloaking themfelves under1 the wprds " a full and fair reprefentatipn of the people," which words they have never condefcended to explain, which words never do exift in any text of any writing of theirs, as I can find, with the mention of a King, of other houfe of legiflature-^' they ( iii 7 (Rey vilify the proclamation, and they make the very means' the executive government took to fupprefs the mifchief, a means, by which they fhould fpread the effect of the mifchief mors widely and diffufely than otherwife they could have done. Upon the 24th of May, 1792, there is a letter fent from Mr. Hardy, I believe not in his own hand-writing, but I be lieve in the hand- writing of Mr. Vaughan, whom I before named to you, in which he ftates, that by the direction of the London Correfponding Society, he had the honour of enclofing to them a Copy of their addrefs and regulations, which he re- ¦quefts they will communicate to the Conftitutional Society. The thanks of the fociety were given to them for this ; and! that is a publication more guarded than another you will find publifhed upon the 6th of Auguft, 1 792. After ftating their conftitution, which I before mentioned to you, it fays — " But, as Providence has furnifhed men in every " ftation with faculties neceffary for judging of what concerns " themfelves, fhall we the multitude fuffer a few, with no *' better right than ourfelves, to ufurp the power of governing " us without control ? Surely not : let us rather unite in one *' common caufe to caft away our bondage, being affured, that " in fo doing we are protected by a Jury of our countrymen, " while we are discharging a duty to ourfelves, to our country, " and to mankind." , Gentlemen, you will find from a paper of the 6th of Auguft, that that, which they fuppofed was to meet with protedrion from a Jury of the country, was a combination to reform the Govern ment of the country by means — other than application to parliament — which binds together, with the King, as the great political body of the country, the whole fyftem, under which we live. Gentlemen, the London Correfponding Society, as to the King's Proclamation, followed the example of the Conftitutional Society, and on the 31ft of May, 1792, in a paper that will be read to you, they vilify the Proclamation; and this paper having been communicated by tlie London Correfponding Society to the Conftitutional Society — they, aware of the nature of it, order ( »» > order; that that, paper fhould be publifhed in fuch newfpapejjKj will receive the advertifements of this fociety. — They wete pretty weU aware that they were of fuch a nature as made'it fomewhat hazardous to publifh tliem. You wiU find a letter dated the 14th of June, 1792, from certain perfons ftyling themfelves the Editors of the Patriot, (who they are I am not able to ftate to you,) but who, for the purpofes of thefe focieties, thought it neceffary to conceal their names,Jn which they defire the Correfponding Society to take an opportu nity of enlightening the public mind by pubJications, by adver tifements, by circulating thofe papers in villages to country farmers, defiring, as I ftated, to conceal their name, but requeu ing that the papers might be fent to a perfon, who holds, an important fituation in a fubfequent part of this bufinefs— a Mr. Gale, a bookfeljer, at Sheffield. Gentlemen, there will be laid before you various parts of the proceedings of the Conftitutional Society, which relate; to Mr. Paine, which I fliall now pafs over, except for the purpofe of calling your attention to another publication of his upon the 6th of June, 1792, and which was addreffed to Mr. Dundas; you will likewife find that that book, which will be given you in evidence, diftinctly difavows all hereditary government"; all Monarchy under whatever qualifications ; and then, for the pur pofe of circulating this doctrine, as they had before circulated the doctrines in other works of this gentleman, they order, " that twelve thoufand copies of that letter fhall be printed'for " the fociety, for the purpofe of being tranfmirted to our Cor- " refpondents- throughout Great Britain, and that a committee " be appointed to direct the fame." Gentlemen, I pafs pn now to the 6th of Auguft, 1792 ; at which time there appears to me to have been an extremelyijim- portant tranfaction in the London Correfponding Society ; it is the propagation of an addrefs of that date, which firft developes, as it feems to me, though in fomewhat of covert language, ¦ the determination of thefe focieties to wprk what they call a Reform withput any cemmunicatipn whatever with that Parliament, which they held to be inepmpetent to bring abput the bufinefs^ ' , Yo* ( "3 ) ¦ You will find that upon the 8th of Auguft, Mr. Hardy wrote' letter to Mr. Tooke ; that he fent him a proof copy of this ddrefs ; that he hoped it would merit his attention, and his ap- irobation ; that he fhould be exceedingly happy to be favoured. vith his opinion' of it before it was printed. The addrefs, after ftating what they confidered as the ;rievances of the country, ftates this — " fuch being the forlorn ' fituatiort of three fourths of the nation, how are Britons to ' obtain information and redrefs ? Will ;he court, will miniftry ' afford either? Will Parliament grant them ? Will the npbles ' or the clergy eafe the people's fufferings ? No. Experience ' tells us, and proclamations confirm it, that the intereft and ' the intention of power are combined to keep the nation in ' torpid ignorance." It then ftates the only refource to be in thefe focieties ; it then tates various detailed reafons, which you will hear, and then roceeds to this effect. " Numerous other reforms would undoubtedly take place, even in the firft feffion of parliament fo elected, dependant only on their electors the people ; untorn therefore by faction, undivided by party, uncorrup'ted by miniftry, and uninflu enced but by the public good. Every tranfaction would tend to reform, and a flrict ceconomy, its natural confequence, might fopn enable us to reduce our taxes ; and by the inte grity of parliament, that reduction would light upon fuch ob jects as beft might relieve the poor ; this to the people would prove an advantageous and a novel feffion, and to an honeft parliament not a tirefome one. " Therefore, Britons, friends, and fellow-citizens, with hartd and heart unite, claim what is your right, perfevere and be free, for who fhall dare withftand our juft demands ! Oppreffion, already trembling at the voice of individuals, will fhrink away and difappear for ever, when the nation united fhall affert its privileges and demand their reftoration." Gentlemen, the addrefs you will find was circulated with in- nite induftry to every Correfponding Society in the kingdom, Dnveyed through every poflible channel, the doctrine adppted I by ( t'4 ) by all the affiliating" focieties ; arid the plan, 'which 'they wtti{ upon from this 6th of Augufh 1792, appears to have beefc'a plan to redrefs themfelves by their own power, 'and by their' own ftrength, and not by application to that Parliament, which alone can act in legiflation : it feems to me to be impoffible that you can miftake what is meant by this paper, if you will-give your more particular attention to; a paper which was received from a fociety at Stockport, upon the 27th cf November, 1792, and found in the pbffeflion of Mr. Hardy: This^ after adverting to thofe numerous grievances ftated in the addrefs of the 6th of Auguft, 1792, is to this effect. " In obedience to the wifhes of the fociety bere> I' have ihe " pleafure of acknowledging the honour of your letter, and the *' packet, which the kindnefs of our brothers of the London *' Correfponding Society fo pppqrtunely prefented us with. " It is dpubly deferving our thanks, as it fhews your kindnefs, " and as it will be ufeful in the formation of our infant fociety; " we ftand much in need of your experience in thispartieular, England. I {hall ftate but two of thefe addreffes, becaufe they feem to contain the effect of all the reft that were actually, fent. The London Correfponding Society firft of all communicated- to the Cpnftitutipiial Spciety, in the mpnth pf Octpber, 1792, their intentipn pf fending an addrefs tp France : the Cpnftitu- tional Society, fully approve the purpofe ; they fee the end that it aims at, and they determine not to concur in the fame-addrefs, but to fend a feparate addrefs ; and in their paper you may fee the principles of both to bp principles, which were expreffed for the very purpofe of aiding the co-operation of the focieties in ex cluding the King from the government of the country, and of raifing a republic, This i.s the letter. " Frenchmen, While foreign robbers are ravaging your *' territories under the fpecious pretext of juftice, cruelty and " defolation leading on their van, perfidy with treachery bringing *' up their rear, yet mercy and friendfhip impudently held forth *' to the world as the fole motives of their incurfions. The op- " preffed part of mankind'- — that is Great Britain — " forgetting " for a while their own fufferings, feel only for yours, and with *' an anxious eye watch the event, fervently fupplicating the ** Almighty Ruler of the Univerfe to be favourable to your •* caufe, fo intimately blended with their own'V-that caufe which upon the 10th of Auguft had excluded the King from the government of the country— r" frowned upon by an op-; " preflive fyftem ef controul, whofe gradual but continued en- ,*? croachments have deprived this nation of nearly all its boafted *.' liberty, and brought us almoft to that abject ftate of flavery, M from which you have fo emerged ; five thoufand Britifh citir ?' ^ens indignant manfully ftep forth to refcue their cpuntry from. f the opprobium brought upon it by the fupine conduct of " thofe in power ; they cqnceive it to be the duty pf Britons ta *< countenance and aflift, to the utmoft of their power, the " champions pf human happinefs, and to fwear to a nation, pro- " ceeding on the plan you have adopted, an inviolable friendfhip. << Sacred from this day be that friendfhip between us, and may. ** vengeance, tp the uttermoft, overtake the man who hereafter- *' fhalj attempt to caufe a rupture. I 4 « Though '<¦ wo ) " Though we appear fo few at prefent, be affured, French- " men, "that Our riumber increafes daily: it is true, that the «' ftern uplifted arm of authority at prefent keeps back the timid; " that bufily circulated impoftures hourly miflead the credulous; " and that court intimacy with avowed French traitors has fome " effect on the unwary and on the ambitious ; but with certainty " we can inform you, friends and freemen, that information " makes a rapid progrefs among us ; curioflty has taken pofTef- " fion of the public mind; the conjoint reign of ignorance " and defpotifm paffes away ; men now afk each other what is " freedom, what are our rights ? Frenchmen, you are already " free, and Britons are preparing to become fo ; calling far from " us the criminal prejudices artfully inculcated by evil minded " men and wily courtiers, we, inftead of natural enemies, at " length difcover in Frenchmen our fellow-citizens of tbe world, u and our brethren by the fame heavenly Father, who created us c< for the purpofe of loving and mutually affifting each other, *' but not to hate, and to be ever ready to cut each pthers throats " at the command of weak and ambitious Kings, and corrupt " minifters ; feeking our real enemies, we find them in our bo- " foms, we feel ourfelves inwardly torn by and ever the victim " of a reftlefs and all confuming ariftocracy, hitherto the bane " of every nation under the fun : wifely have you acted in ex celling it from France. " Warm as our wifhes are for your fuccefs, eager as we are (t to behold freedom triumphant, and man every where reftored to " the enjoyment of his juft rights, a fenfe of our duty, as orderly *' pofture, and worn out with war ; they have learped tp r$e& « that both the one and the other are the offspring of unna.Uiral " combinations in fociety, as relative to fyflems of goyernrnent, " not the refult of the natural temper ef nations as relative to *' each others happinefs. " Go on, legiflators, in the work of human happinefs, the " benefit will in part be ours, but the glory fhall be all yoar " own; it is the reward of your perfeverance, it is the prize J1' 3 *' virtue,' C "3 ) "virtue, the fpaife of liberty preferved in England for ages,- *' like the corrufcations of the northern Aurora, ferving but to *' fhew the d'arknefs vifible in the reft of Europe. The luftre of *' the American republic, like an effulgent morning, arofe with « encreafing vigour, but ftill too diftant to enlighten our hemif- *' phere, tjll the fplendour of the French revolution burft forth '* upon the nations in the full fervour of a meridian fun, and dif- " played" — attend to the words — w in the midft of the European *' world the practical refult of principles, which philofophy had *' fought in the fhadeof fpeculation, and which experience1 mufl ** every where confirm, "^-the principles of Mr. Paine, who went over to form one in that Convention, the exiftence of which ihews the practical refult of thofe principles, which. philofophy had fought, and which experience was to confirm^-" it difpels. *' the clouds of prejudice from all people, reveals the fecrets of & all defpotifm, and creates a new character in man. " In this career of improvement your example will be foon, *[ followed, for nations, rifing from their lethargy, will reclaim. *? the. rights of man with a voice which man cannot refift." Gentlemen, it will not be matter of furprife to you that letters, fuch as thefe to the National Convention in France, fhould have produced opinions in that country refpecting the attachment of jn» dividuals in this to their government. It is not therefore very ex traordinary that, upon the icjth of November 1792, that famous decree paffed of fraternization with all fubjects in all countries, who chofe to refift the governments under which they live; but I think you will, be furprifed that any man could receive in this country, and read with approbation, and enter upon their pro ceedings the anfwers, which thefe addreffes brought from France, and which were read in the prefence of the prifoner at the bar, without being aftonifhed that they did not at leaft take fome means to reject from them the imputation that they meant, ig their own country, all that thefe anfwers fuppofe they mean, and all that thefe anfwers promlfe to aflift them in accomplifhing. You wijlfrnd, upori the 14th of Decemher 1792, that a letter from the Society of the Friends of Liberty and Equality, fitting at Laon, the head of the department of the Aifne, to the patriotic fociety of London called the Society for Conftitutional Informa-> tion, is read, and referred to their Committee of Correfpondence: it is in thefe words : " The Society of the Friends of Liberty " and Equality fitting at Laon, the head of the department of the " Aifne, to the Patriotic Society pf London called the Society " for Conftitutional Information. — Generous Republicans, the " philanthropic gift that you have prefented to the warriors of " France" — they had fent fome fhoes, and were at that time thinking of giving them fome arms — " announces with energy " the great intereft that you take in the facred caufe which " they are defending. Accept the thanks of a Society, that does " honour to itfelf in efteeming you. The time perhaps is not " far diftant, when the foldiers of our liberty fliall be able to " tefti fy their gratitude to you : then their arms, their blood " itfelf, fhall be at the fervice of all your fellpw-citizens, who, like *' you,, acknowledge no rights but the rights of man; then " France and England fhall form together a treaty of union as " lafting as the courfe of the Seine and the Thames ; then there, " as here, there fhall exift no other reign but that of liberty, #• equality,' and friendfhip. May this day of felicity and glory " foon 'fhine upon the horizon of two nations formed to admire *' each other." Gentlemen, they then enteF upon the minutes of the Society another letter from another fraternizing Society, whether one of thofe Societies which they fpeak of in the beginning of 1792, as affiliating Societies in France, or not, I do not know ; whether they had been aflifting to reduce their principles into practice I dp not knpw ; but it is clear that the affiliating Society in France offered them their afliftance for that purpofe. Accordingly, you will find that the Society of the Friends of Liberty and Equality eftablifhed at Macon write to the Conffitational Society at Lon don, adverting to what they had faid in their addrefs to the na tion abput the glpripus victpry pf the 10th pf Auguft 1792, the circumftances pf which fhall be defcribed to you in evidence, be caufe you will find that fome of the perfons who are charged in this ( «S ) this indictment (and whofe conduct in this confpiracy will upon the cleareft principles of law affect all of them) were then prefent in Paris. They write thus — " Yes, citizens, our brethren, and friends, the ioth of Auguft 1792 fhall be diftinguifhed" — what, in the annals of France? — "diftinguifhed in the annals of the " world, as the day of the triumph of liberty. Our firft revolution" — (Mr. Joel Barlow or Mr. Paine, one fhould have thought, had wrote it)—" our firft revolution did but fhew to us the falutary " principles of the imprefcriptible rights of man: all, except the " faithlefs and the enemies of humanity, adopted them with en- " thufiafm. It was then that we formed ourfelves into a Society, " in order the better to imprefs them upon ourfelves, and after- " wards to teach them to our fellow-citizens. " Our firft conftitution had confecrated them, but had not al- K Ways taken them for its bafe : the dominion of the paffipns, the " force of habit, the impreffion of prejudices, and the power of " the intrigues employed in our Conftituent Affembly, found the " fecret to preferve fufficient authority to pur tyrants, to extin- " guifh at fome time the facred rights pf nature, and to re-eftablifh " defpotifm on its throne cf iron. t " But royalty, thus preferved, was not content with the victory " fecured' to it by a fet of men, the greateft part of whpm it had " corrupted. It was impatient to reap the fruits that it appeared " to promife itfelf; but its, too great eagernefs has haftened its " ruin, and fecured the triumph of reafon. " The French, proud of their own exiftence, foon perceived " the fruit of their firft legiflature ; became fenfible of the imper- " fectipn of their firft laws, faw that they made a furrender of " the rights of liberty and equality, which they had embraced ; " they roufed themfelves anew to demand at length laws impar- " tial and humane. " From thence the neceffary day of the ioth of Auguft 1792, ?e from thence a fecond revolution, but a revolution which is only " the completion of the firft* which has received our vows, and " our oaths, and which we will blefs for ever, if it leads us, as "we ( uft ) *' #e hope it will, to the happinefs of thenatiorl) to.the-Conftant •' maintenance of liberty and equality. " Let intriguers, fools, and tyrants, Calumniate us ; we defpifd " them too muchfo condefeen'd to anfwer them, and feek for "their cfteem. " That which flatters us is the intereft that you take in our "labours: your attention' has contributed to the fuccefs of our " arms. We defire your efteem, we are proud of your appro- ct bation. " We fmile at the expreffion of the fentiments that youma- *' nifefted to our reprefentatives. We behold a nation of bre- " thren roufe itfelf to fupport the caufe of humanity ; we behold " the brave Englifh adopt our principles, become our friends: " we fay to each other with pleafure, foon willthey become our " allies, and, uniting our efforts, we fliall go on to deliver the " uriiverfe from the yoke of tyrants, to reftore the nations to rea- " fon and nature. That day is not far diftant, if we may rely on " our own cpurage, and the hope pf your alliance. In the mean " time, receive our thanks, and correfpond with brethren who " fet a high value upon your efteem." Gentlemen, on the 17th of December 1792, the Popular and Republican Society of another department at the mouth of the Rhone, wrote them this letter : " The Popular and Republican " Society of Apt, department of the mouths of the Rhone, to the •' Popular Society fitting at London, live free or die. CitizenSj " brethren, and friends,, when two great nations, acquainted ;with *' their rights, approximated by their commercial ConnectioaS " and their national fituation, formed to live and to act in " concert with each other, begin to form the glorious projedfccOf " uniting themfelves for the regeneration, of the human race, one " may then fay with reafon that Kings are ripe and ready to. fall. " How glorious it will be for France and England to have formed " " alone a confederacy deftructive of tyrants, and to have pur- 1 " chafed at the price of their blood the liberty of Europe; we " may fay more, of the whple univerfe. Courage, brethren and Mfriends ! It is for you to follow in the glorious and hazardous " career ( -rt? "} *c career of the revolution of the world; can yoti any longer" " groan under the yoke of a -government that has nothing of " liberty but the name ? for, although your land was inhabited " before ours by freemen, can you, without delufion, confider " your government as fuch ? will you content yourfelves. with a *' partial freedom? will the Englifh be Satisfied with principles ? " will that bold nation, that has produced philofophers the moft " profound, and that firft of all perceived the fparkling rays of *'¦ freedom, remain afpectatrix in fo noble a caufe? No, brethren *' and friends, no, you will foon lift yourfelves up againft that per- " fidious Court of St. James's, whofe infernal policy, like that *' which found its doom in the Thuilleries, has made fo many " victims in our two nations, and does difunite them perpetually " to rule over them. Your love for liberty has fixed your atten- " tion upon the wants of our'defenders ; your generofity towards *' them has a title to the acknowledgment of the republic ; we ' are impatient to furnifh you the fame advantages : the Popular " Societies of France defire ardently the epoch that fhall permit " them to addrefs their voice to the National Affembly of Great " Britain, -and to offer to the foldiers of liberty of your nation " arms, bayonets, and pikes." This is the private correfpondence between the Societies and the Society for Conftitutional Information ; but fome of the per fons named in this indictment were prefent at the fcenes I am now going to ftate, at the bar of the National Convention in France ; others of them delivering thefe fentiments by their am- baffador Mr. Barlow, whofe principles you have feen, and Air. Froft, of whom I muft ftate it, becaufe I fliall prove it, that he has' been convicted in this country of coming from that country 'with the doctrine of No King : they offer thefe addreffes to the National Convention of France in terms, the fubftance of which I will 'ftate to you, as far as I underftand it to be, and I believe it is an accurate tranflation. " Mr. 'Bariew and' Mr. Frbft, Englifh Citizens, being ad- " mitted to the bar, pne of them pronounced tbe following ad- " drefs." — Gentlemen, theactual fact of his pronouncing it will be given in -evidence : the date is the 28th of November 179?, nine days' after the decree of the National Convention, which Kad ( "8 y had promifed fraternal afliftance to the fubjects of any ccuntryj that found themfelves oppreffed by any of their cafts and privi leged orders. " Citizens of France, we are deputed from the Society for " Conftitutional Information in London, to prefent to you their " Congratulations on the triumphs of liberty. This Society had " laboured long in the caufe with little profpect of fuccefs pre- " vious to the commencement of your revplution ; conceive *' then their exultations and gratitude when, by the aftonifhing " efforts of your natipn, they beheld the reign pf reafon acquir- " ing an extenfion and folidity which promifed to rewardvthe " labour pf all gppd men, by fecuring the happinefs of their " fellew-creatures. Innumerable Societies of a'fimilar nature *' are now forming in every part of England, Scotland, and Ire- " land : they excite a fpirit of univerfal inquiry into the compli- " cated abufes of government, and the fimple means of a reform. " After the example which France has given^ thefcience cfre- *' volutions will be rendered eafy, and the progrefs of reafon will c be rapid. It would not be ftrange if, in a period far fhortof K what we fhould venture to predict, addreffes of felicitation. " fhould crofs the feas to a National Convention in Englanit : " We are alfo commiflipned tp inform the Convention, that the " Society which we reprefent has fent to the foldiers of liberty* " patrictic dpnatipn of a thpufand pair pf fhoes, which are by this " time arrived at Calais ; and the Spciety will continue fendingji " thoufand pair a week for at leaft fix weeks to come ; we only " wifh to know to whofe care they cught to be addreffed." Why, -Gentlemen, am I to be told then that, in the month of November 1792, thofe whp, in Auguft 1792, had faid they could apply with np effect to parliament, had no idea of fuch a National Convention in England, as that Natfonal Cpnvention in France which they were addrefling, and from which they were expecting to receive addreffes I am I to be told that they had np idea of fuch a Convention, as fliould overturn the Cpnftitutipn of this country ? it is imppflible to put fuch a conftructipn upon fuch proceedings. Gentlemen, i Gentlemen, you will likewife find that the' Prefide'nt of the: Convention thought it neceffary to give an anfwer to this- ad-' drefs. I will ftate the fubftance of it: it will he read in evi dence ; therefore I fhall not take up time in looking for it. The > Prefident, confidering them as generous Republicans, (and well he might after what had paffed) he makes an addrefs to them, ex- prelfing much the fame fentiments as thofe in which they had addrefled him, and then he concludes by faying — " without doubt " the time approaches when we fhall foon fend congratulations to " the National Convention of England." Gentlemen, you will likewife find that the London Corre fponding Society, and the Conftitutional Society, endeavoured to excite perfons in all parts of this kingdom to fend, thefe addreffes ; . that, in point of fact, there are various other addreffes fent, of fimilar import, at the inftigation of thefe Societies, and. the intent! of them, I think, cannot poflibly be mifunderftood ; but take the. intent of them to be what you will, let my learned Friend tell you, as he will, that there as yet was no war between Great Britain and France, you will allow me to fay that there is evidence, of a difrinct intent that there fliould be a National Convention ini England, and that the French foldiers of liberty fliould aflift what they wpuld call the foldiers pf pur liberty, whether there flieuld. be a war between Great Britain and France or not ; and you will allow me to fay that, in that very month of November 1792, a. paffage occurs, in which France does in effect declare war againft all nations that did not adopt her principles, and allow the people. to put them into execution. In a confpiracy, as widely extended as this is, I fhall undoubt edly infift, before you and the court, that the acts of individuals, and particularly the acts of perfons fent to prefent addreffes to a foreign cpuntry, that what they do in reference to thefe acts is evidence againft all of them, and likewife that letters, which the perfons write relative to the fame addreffes, are evidence againft each of them, whether written by the particular indi vidual or no, as being in the profecution of the fame- purpofe. Upon the 20th of September, 1792, Mr.- Froft, ,wh© was then K at ( 13^ )' at Paris, ftates his notions in a letter to Mr. Tooke, of tne real effect of this tranfaction of the ioth of Auguft, 1792, about which time Mr. Paine made his firft appearance in the National Convention—" Without the affair of the. ioth of Auguft, liberty " was over — We dine to-day with Petion — Paine has entered «' his name on the roll of parliament, and went through the " forms of office with a great deal of non-cbalance — We are " well lodged^ and befide our bed-rooms, have an entertaining 46 room for Members to be fhewn into, and feveral have called " upon us this morning." Then you will find, that there, being a project to fend fhoes to the foldiers of France, and arms and mufkets, with refpect to which project the prifoner was a contributor — for the purpofe of having this prefent from England to France properly diftti- buted in France, the following letter is writen to the Mayor of Paris : K Sir, you are in no want of friends in England, who ardent- " ly wifh to be ufeful to French liberty ; but we wifh to " know fome pne pf ypur friends who refides in London, in " whom ypu have an entire confidence, and to whom we may **, give our m«*ney, in the affurance that it will be remitted to " you without delay and without- fraud. Mr. Froft, to whom! 14 entruft this letter, is going to fet out immediately with Mr. " Paine for Paris, and allows me no time for ceremony, if it *' were neceflary. I requeft you to fend me the name of fome " Frenchman in London, merchant, or other, for the purpofe " above mentioned. We can now begin the public contribu- " tion towards our patriotic gift with a thoufand pounds fter- * ling, and I have no doubt but it will amount in time to feveral u thoufands ; if you confider this ftep in the fame point of view 0 that we do, you will fee in it much ufe to the common tauft " in England and France. I intreat you to give me your fenti» " ments upon the fubject, and to point out to me the means by " which I may be ufeful to you." This is anfwered upon the firft of October by Petion, thus-* £ You cannot* Sir> doubt 6f my eagernefs to fecond\views fo "' ukk\ ( *3« ) *c lifefuli which will for ever merit our gratitude, will rivet the " links of fraternity between us, sfnd muft produce the' greafefl: ce advantages to England and France. I fhall have the honnur', '' Sir, of fending you, without delay, the riarrie of the perfon in " Whofe hands you may place the funds which you deftine tea " the fupport of a caufe which, in truth, is that b£ail people " who cherifli liberty." Gentlemen^ it may be in the recollection of perhaps riiofl: who hpw hear me, that circumftanceS pf this fort, which were fup-. jppfed to be in exiftence, biit which^ in fait,, were ndt capable of "being proved to be in exiftence, had excited in this country con- fiderable alarrri in the rfiinds of -many perfons whp live in it— This alarm, it feems to have been thought neceffary, both in the Conftitutional Society,- and alfo in the London Correfponding Society, in forrie degree to lay afleep, as far as it affected them ; they thought it neceffary, therefore} to give fome declaration} as they call It, of their principles} and I will ftate to you fhortly what that was — but the explanatipri} which the London Cdr- refporiding Society gave} was thought fo little fafe, though it was given for tlie purpofe of laying afleep' alarms, that it wili be diftinctly proved to yoU — that being written; as I am infrrucred to ftate to you (and I do it becaufe I am lnftructedj arid it is hiy duty) being written by Mr: Vaughan, it was agreed to bee ftuck up round the town at midnight— that accordingly a per fon, of the name of Carter, a bill-flicker, was erfipleyed for that purppfe ; that fame miftake happened between Hirri arid his employers ; that having made that miftake, he was not th'ough'f a ptppef peffort tb be empldyed in cdnfiderable Bufinefs in the Society afterwards : This perfon was taken up in the act of ftickirig the bills round this town, which contains1 this addrefs-^-* he was profecuted^— he was convicted— arid lay fix months ih a gaol irt corifequertce of that conviction, and this was the fate that attended the ifluirtg irito the World an addrefs, which was to appear not originally by daylight, But by midnight! With refpect to the addrefs of the Gpnftitutional Society, I think I fhall not be thought to rriake an unfair obfervation upon K % it '( J32 1 it when I fay this— that if I had not read to' you what' I have already read, you would have found it impoffible to fay what it was, upon reading that paper, that they meant to fay, who pub* lifhed it ; but after what I have read to you, I think you can have no difficulty to determine that the paper they publifhed^ and the paper of the Correfponding Society, were by no means fuch as were calculated in any manner to difavow thofe prin ciples, ,which I think I have fhewn you fatisfactorily, from March, 1792, were the principles they acted upon and adopted. Gentlemen, the addrefs of the London Correfponding Society is in thefe words : — " Friends and fellow countrymen, unlefs " we are greatly deceived, the time is approaching when the " object for which we ftruggle is likely to cpme within our " reach ; that a nation, like Britons, flipuld be free, it is rer " quifite pnly that Britons fliould will it to become fo"— that is a paffage borrowed frpm Mr. Paine — " that fuch fhould be " their will— the abufes of our priginal cpnftitution, and the " alarms pf pur ariftocratic enemies, fufficiently witnefs: Con- " fident in the purity of pur mptives, and in the juftice of our " caufe, let us meet falfehoed with prpofs, and hypocrify with "plainnefg; let us perfevere in declaring our principles,, and " mifreprefentation will meet its due reward — contempt. " In this view the artifices of a late ariftocratic affociation, " formed on the 20th inftant, call for a few remarks on ac- " count of the declarations they have publifhed, relative to " other clubs and focieties formed in this natipn ; it is true that " this meeting pf gentlemen" — (for fo they ftile themfelves) " have mentipned np names, inftanced np facts, quoted no au- " thprities" — it was a little difficult to do it, unlefs they had the means of feeing all the correfpondences at home and abrpad — " but they take uppn themfelves to affert that bodies of •' their countrymen have been affociated, profefling opinions " favourable to the rights of man, to liberty and equality"— mark thefe exprelfions — " and moreover that thefe opinions " are conveyed in the term, no King, no Parliament." Gentlemen, what I have been endeavouring to ftate to ypu Is this, that it is neceffarily to be inferred from their principles that ( i33 ) that they did mean to affert, when they were ripe for it, no King, no Parliament : it is not my imputation — I do not know whofe it was, to which this alludes, that they did exprefs their opinion in the language, no King, no Parliament ; but I fay that they expreffed their opinions in language, which, when accurately looked at, as forcibly import the ideas, as if they had ufed the words no King, no Parliament — " if this be intended to include " the focieties to which we reflectively belong, we here, in the Cc moft folemn manner, deny the latter part of the charge"— What is the latter part of the charge ? that they do not mean to have a King or Parliament? No — but that the opinions are conveyed in the terms, no King, no Parliament — " whoever " fhall attribute to us the expreflions of no King, no Parliament, " or any defign of invading the prpperty pf pther men, is guilty " of a wilful, an impudent, and a malicious falfehoOd" — and then this paper ftating a great deal more which, in juftice to the paper itfelf, fhall be read to you, concludes thus — " Let " us wait and watch the enfuing feffion of Parliament, from '.' whom we have much to hope and little to fear. The Houfe " of Commons ' may have been the fource of our calamity, it " may prove that of our deliverance ; fhould it not, we truft we " fhall not prove unworthy of our forefathers, whofe exertions " in the caufe of mankind {o well deferve our imitation." Now, Gentlemen, I afk, after concluding this letter, what this means — " if Parliament fhould not do it." — -If we are ready to admit that Parliament is formed upon principles that make it competent to do the thing, if it pleafe to do it, it is all well; but if it won't — then we will not prove unworthy our forefathers, whofe exertions in the caufe of mankind fo well deferve our imitation — and referring you back to the correfpondence be tween the Norwich and the London Correfponding Society, to the declaration of the 6th of Auguft, 1792, which faid they had nothing to look for from Parliament — tp the correfpondence wjth the Natienal Convention of France — to the conduct, which, in the prefence of their delegates, was permitted — and never repudiated by any act of the London Correfponding Society, $nd referring you, moreover, to the fubfequent evidence, which K 3 I have f m ) I have to offer t«a yov(, I think you will find that the fenrinaeaty. Which is expreffed by the author of this paper, uppn the 19th of November, 1 792, was a fentiment which, if followed up by thofe who continue to hold it, meant that, if Parliament did not give them redrefs, they wquld have it by their own force. With refpect to the Conftitutional Society, all it thinks pro per to fay upon the fubject is this:—" That the object pf this *' Society, from its firft ioftitution to the prefent moment of *c alarm, has uniformly been to promote the welfare of the^ " people" — I beg your attention to thefe words-—" has uni- ?•' formly been to promote the welfare qf the people by all con- '.' ftituribnal means."— Now if I were to flop here, with a view? to fhew you what you are to underftand by the wprds— il all " conftitutional means"— Are the means I have been ftating cpnftitutional means ? Will it make the means more conftitu tional than they really are, becaufe they choofe to call them fo r— . " And to expofe in their true light the abufes which have im- " perceptibly crept in, and at laft grown to fuch a height, as to *' raife the moft feripus apprehenfipns in every true friend of " the conftitution." " Refolved, 2dly— That this Society difclaims the idea oi; fc wifhing to effect a change in the prefent fyftem pf things by *' viplence and public commption, but that it trufts to the good " fenfe of the pepple"-r-You will find, before I have done, that in April, 1793, it could not truft tp the good fenfe of the people — " when they fhall be fully enlightened on die fubject tq *' procure without difturbing the public tranquillity an effectual ?' and permanent reform. " Refolved, 3dly — That the intentions of this and fimilaf ** Societies have of late been grefsly calumniated by thofe who " are interefted to perpetuate abufes, and their agents, who *' have been induftrious to reprefent tbe Members of fuch So- " cieties, as men of dangerous principles, wifhing to deftroy all ^< focial order, difturb the ftate of property, and introduce anar-; K chy and confufion inftead of regular government-, " Refolved, 4thly — That, in order to counteract the oper^- \< tion of fuch grofs afperfions, and to prevent them &om check-* { '35 ) ff ing the progrefs of liberal inquiry, it is at this time peculiarly " expedient that this and fimilar Societies fliould publicly after* *' the rectitude of their principles^ " Refolved — That the faid Refolutions be adopted, in order " for printing in the newfpapers." Now I defire any perfon to read that paper through again, and then, Gentlemen of the Jury, if it is relied upon, be fo good as afk yourfelyes what is the definite meaning in any one paffage in it. About the fame time there is an addrefs from the Manchefter .Society, dated the 14th of December, I79?5 which appears to have been read in the Conftitutional Society, in the prefence of the prifoner, and which addrefs has fome very particular cir- cumftances about it, for you will find that there was a refolution upon the 14th of December, 1792, in thefe words — Read a printed addrefs from Manchefter — Refolved, that the faid addrefe- (be approved for publifhing in the newfpapers. It appears by a paper, which I fliall produce to you, that jthe words Read a printed addrefs from Manchefter, are in the hand-writing of Mr. Tooke ; that the addrefs itfelf is in Ithe hand-writing of Mr. Tooke ; whether it was a copy of any addrefs at Manchefter or not, I do not know : this addrefs appears afterwards to be in print, it is fent for pub lication, and with a view to fhew to the public what extent the diftribution of libels has arifen to in the progrefs of a treafonable purpofe in London, this addrefs was ordered to be printed, and that a hundred thoufand copies of it fhould be difc fributed to their correfpondents in Great Britain and Ireland.— The report that was made upon it was, that it had been offered to the Morning Chconkje and Morning Poft, and that the paper itfelf, though drawn by a mafterly hand, was fuch, that they durft not venture to print it— I believe it was however printed in Lpn dpn. Ypu will occafionally fee papers printed in the country, at Manchefter, if Lpndon will not dp it ; pr if the law of England has reached as far as this fide of the Tweed, fo as to check the publication of a libel, then it is carried over the Tweed, in. ( 136 ) b'rder to be publifhed in Scptland, where it might be more fafety done. Npw in this paper, which bears date upon the 14th of De- -cember, 1792,' and recpllecting, as I hope you will do, what I have already ftated to you of the principles pf thpfe whp were cpncerned in this tranfaction, as thefe principles had been mani- fefted in all the Pther tranfactions I have ftated to you, you will find there is this paffage : He fays — " To gull the poor with the " infolent falfehood, that the laws are the fame for the poor as " the rich, or with idle panegyrics on a rotten conftitution, '" which you have not examined, and of which ypu feel not the "benefit — The real friends pf'the people hear with pity and " bear with patience the hourly calumnies to which they are ex- " pofed ; they entertain, however, no perfonal enmities, no " averfion, but to the enemies pf the pepple, and np difrefpect " to the cpnftitution, but where it is hoftile to the rights of « the pepple." Npw, why it is faid to be hoftile to the rights of the people, I think, can be pretty well underftood, after what I have ftated to you about thefe communications with France ; but it need not be left there, for you will find that this is more diftinctly ftated in the draught of an anfwer to a letter, which was like- wife read and entered among the minutes of this Society upon the 26th of October 1792 : the draught of the anfwer feems to have been prepared on the 2d November, 1792 ; it was to be fent to the editors of the Patriot. The editors of the Patriot were perfons who were living at Sheffield; and it will appear by the papers, the fubftance of which I have riot really bodily ftrength enough to ftate to you, were affiliated at the fame time with the London Cor refponding Spciety, and alfo with the Conftitutional Society, in the propagation of their principles, and this in an extent, which no language can do juftice to, which it is impoffible to defcribe to you without reading a particular letter in which they themfelves ftate their mode of proceeding, and which, for the purpofe of informing you in this refpect, fliall be prefently read to you : To one of them the following is an anfwer, and I beg yout attention to it, of the 2d of November, 1792. "We ( 137 n r -« We rejoice with you in the increafe of the Members bf the " Societies of Freedom ; our bofoms glow with the fentiments— - " we are brothers in affection with you, and with the freemen of *' Stockport" — (who wrote that letter which I before obferved upon, which ftates that npthing can dp but a Convention, and that their pbject is a gpvernment immediately cpnftituted hy the people ; that that cannot be while the Crown or the Lords, as you choofe to conftrue the letter, retain their authority) —They add — " Freedom, though an infant, makes Herculean " effprts" — Now they meant npthing in the world to the pre judice of tbe mpnarchy, they meant npthing in the world but a full reprefentatipn pf the Pepple in a Parliament, cp-exifting with King and Lords. They add — "The vipers, ariftocracy," that is perfons whp have gpt cpats uppn their backs — " and monar- " chy" — we have it yet in England, Gentlemen — " are panting " and writhing under its grafp : May fuccefs, peace, and happi- " nefs, attend thofe efforts." — That letter, fo prepared, will be produced to you with the corrections of Mr. Home Tooke, in his own hand. Gentlemen, I have now gone through, as well as I am able, and I hope you will keep in view the cafe I have ftated, the principles and practices of thefe Societies, with all their affiliations. I ought to mention to you that you will find in the evidence, as jt is laid before you, moft uncommon induftry in picking up frefh connectipns. ]f a paper appeared in the ccuntry, ftating that a Spciety of any fort was formed, you will find immediate induftry to connect them, and affiliate them with the London Correfpond ing and Conftitutional Societies. If thefe Societies profeffed— as for inftance the Stockport Society profeffed — that they would have nothing but a government conftituted immediately by them felves, they contrive to give an anfwer fatisfactory to them. If the Societies profeffed attachment to the monarchy, and deflred explanatjpn whether they meant Mr. Pitt's plan, which Mr. Paine laughs at — or whether they meant the Duke of Rich mond's plan — car whether they meant, as a letter you will hear by and by fays, to rip up monarchy by the roots, you will find they fetisfied them all fufficiently to enlift them all for that purpofe which, f 138 ) which, from their own tranfaction?, I ftate to be neither mo«j nor lefs, than to do, what Mr. Paine did in his book, to combine the principles, which they ftated, when the times were ripe for it, with the practices which were correfpondent with thofe. prin ciples ; tp apply thofe principles, which were alike the principles of thefe Societies and of the French Conftitufion pf 179$, ancj which Mr. Paine, Mr. Barlpw, and thofe addreflers to the Con« vention, receiving fuch anfwers from the Convention in 1792, declared had produced a cpnftitution in France upon the ioth of Auguft 1792, to apply them not to form that, which in its na ture is an abfurdity, a Royal Dempcracy, but that, which upon principle is confiflent, though it is a wretched bad government, a Reprefentative government, to be exchanged here in lieu of our limited monarchy, in lieu of our government, under which 1 fiats it, with a defiance to the world to tell me that I do not ftate it truly, that a people never did enjoy, fince the providence of Goi| made us a people, (you may talk about theories as you pleafr) that they never did enjoy, for fo long a time together, fuch a quantum pf actual private happinefs and private profperity, public happinefs and public prpfperity, under any cpnftitution, as we fiave enjoyed under the conftitution, to the deftruction or the fupport of which it is for you to judge whether fuch means, as I have been ftating to you, were dgfigned to be employed. The next thing that was to be done, was tp gp on in ftrength* ening themfelves by affiliation ; and ypu will find accordingly that they have cpnnections at Norwich, Sheffield, Leeds, and other places : indeed, there was hardly a county, in which they had not affiliated Societies, and, if you believe them, to great numbers* The next ftep they took was, npt that they flipuld have if ac- complifhed — their principles would not let them accomplifh itr"- but it vyas for the purpofe of attaching more and more affiliated Societies, that they began now to think, in the year 1793, of making applications to Parliament. Gentlemen, in the courfe of that year, 1793, whilft they are to make applications to Par liament, you will find that they diftinctly difcufs the utility of doing fo. The Lpndon Correfponding Society^ it will be proved ( 139 ) fp you, take the opinion .of the Societies in the country with re^ foect to three diftinct propofitions. Mark this. Now, Gentlemen, in September 1792, the Stock port Society told the London Correfponding Society that there was no hope of doing any thing but in a Convention: the London Correfponding Society give the anfwer that I have before ftated. They begun to think of this thing called a Convention in the beginning of the year 1793, and they propofe having communication, on the other hand, from the Country Societies. They ftate three propofitions — what is it we are to do ?— Are we to make an application to Parliament ? — Are we to make an application to the King ?— r-That would have been to make application to the King that he would be gracioufly pleafed? according to the oath which he takes upon liis coronation, to give his confent to meafures, which were to deftroy the gp vernment of the country, as it exifts, and of himfelf as a part of jt ! Or are we to have a Convention ? You will find, when the whole of the evidence is laid before you, there is a vaft deal of difcuffion about this meafure of a Convention, there is a vaft deal pf difcuffion about applying to Parliament. The application to the King is thought futile without more ; but they come to this determination, that things are not yet ripe : but that the appli cation to Parliament, however, may be one means of ripening that, js not yet mature ; and then foliciting petitions from all parts of the kingdom, telling thofe, from whom they afk them, that they do not mean that they fhould have any effect, that they are all wafte paper, canyafling all parts of the kingdom, and getting fig- natures in the way ypu will find, they fend the petitions to Parlia ment, which, for myfelf and my pofterity, I thank God Parliament- did not attend to ; I mean petitions to introduce a change in the Government upon the principle of annual fuffrage and univerfal reprefentation. They determined for the prefent that they would content them felves with petitions : that this would occafion a great deal of de bate ; that that wquld give them a- yaft variety of opportunities of difcuffing the point they had had in agitation fince 1792 ; and, if j(he public mind was not ripe for a Convention in 1793, the 2 prpceedings proceedings and tranfactions of 1 793 had a natural and an ob vious tendency, when thefe tranfactions were made a proper ufe of, to bring to maturity the project, not yet come to maturity: you will find therefore that both the London Correfponding.So- tiety and the Society for Conftitutional Information keep 'this object in view. The Norwich Society, upon the 5th pf March 1793, write thus to the Society for Conftitutional Information, and which you will fee had held correfpondence alfo with the London Corre fponding Society upon the fubject of the fame propofition: "It " is with peculiar fatisfaction that we are favoured with your " correfpondence," — they firft fay. — " We wifh to find out a " method of redrefs ; at prefent we fee a great propriety in ** uniyerfal fuffrage and annual elections; but we beg you will be " obliging enough tp inform us pf what ypu have cpllected of the "fenfe. of the people by your correfppndence : we have to in- " form you that our wcrthy Cprrefppnding Societies pf London " have recently fubmitted three prpppfitipns for pur inveftiga- " tion ; firft, whether * petition to Parliament, or an addrefs p " the King, or a Convention." When I find here the word Convention, I think I may addrefs this queftion to you as men of common fenfe : If in Auguft 1792 the London Correfponding Society, by the addrefs which I have read to you, have told you diftinctly that they cannot get any re drefs from Parliament, is it not marvellous how it is to be made put in argument that in March 1793 they were to have a Con vention in order to get it from Parliament, and more particularly to get it from that Parliament, which, upon their own principles, was not competent to give it, if they had a mind to take it from Parliament ? *' Permit us briefly to ftate pur views for your revifal ; and, " with refpect to the firft, we behold we are a conquered people; " we have tamely fubmitted to the galling yoke, and refiftance in " the prefent circumftances is vain ; we cannpt, we cannpt act the " man ; and, as neceflity has np law, we think purfelves under " that degrading neceflity to ftate pur grievances to tbe Houfe of " Commons with a requeft for redrefs; and fhould theyrefufe"— % which ( 141 ) which they did — " deprived. him of his character of inviolability. The people or " the other departments applauded this infurrection, and adopted " the confequence of it. The people have therefore formally " iriterpofed to deftroy this royal inviolability. The tacit " confent of the people rendered the perfon of the King " inviolable, the act of infurrection" — I pray heaven defend us from the operation of fuch principles in this country-^" the act " of infurrection was a tacit repeal of that confent, and, was " founded on the fame grounds of law as the confent itfelf: the " King's perfon is inviolable "only with relation to the other «' branches of the legiflature, but not with relation to the people;" Now, I afk what did thofe Gentlemen, who ordered this fpeech to be publifhed, that the King's peifon was inviolable only with relation to the other branches of the legiflature, when they were talking of conventions, mean ? I am forry to fay that my mind is drawn to the conclufion that they thought the King's perfon was not inviolable with relation to the people, a conven- L tion ( 146 ) tion of whd'm was fo be formed, and was to be formed becaufe arl application to Parliament Was ufelefs. Now, let us fee' the defcription of a Convention. " A Con*' " vention differs from art prdinary legiflature in this refpect; a " legiflature is pnly a fpecies of fuperintendmg rrtagiftracy, a mo* " derator of the powers of government : a Convention isasper- " feet reprefentation pf the fovereign : the members of the Le giflative Affembly acted in Atrguft upon thefe principles,- in " fummoning the Convention ; they declare" — precifety as is de clared in the letter I have been reading to you — " that they faw "but one meafure which could fave France, namely, to have re- " Courfe to the fupreme will pf the people, and to invite the " people to exercife immediately that unalienable right of fove- " reign ty, which the cpnftitatipn had aeknpwledged, and which " it cpuld not fubject to any reftriction : the public intereft re- " quired that the people fhould manifeft their will by the elec- " tion of a National Convention, formed of reprefentatives in- " vefted by the people with unlimited powers. The people did "manifeft their will by the election of that Convention, The " Convention being affembled is itfelf that fovereign will, which " ought to prevail. It would be contrary to every principle to " fuppofe that the Convention is not alone exclufively the ex- " preffion pf the general will. " The ppwers of the Convention muft, from the very nature " of the affembly, be unlimited with refpect to every meafure of " general fafety, fuch as the execution of a tyrant. It is no " longer a convention, if ithas not power to judge the Kingp " Convention is a Conftituent Body, i. e. a body that is to make " a conftitution for the people ; a legiflature makes laws under " an eftablifhed conftitution, and in conformity to it. It isdef- " potifm when, in the ordinary and permanent -eftablifhment, of " a ftate, there is no feparation of powers ; but it is of the very " effence of a Conftituent Body to concentre for the time all au- " thority, it is the very nature bf a National Convention to be " the temporary image of the nation, tp unite in itfelf all the " ppwer pf the ftate, to ernplpy them againft the enemies of " liberty, and to diftribute them in a new fecial compact called a " conftitution." Gentlemen, ' ( HT ) Gentlemen-, after I have ftated that to you, I think I cannot poffibly he miftaken when I conceive that you can do no other- wife than put the fame conftruction upon this letter which I did. I will now take the liberty of calling your attention to a letter bf the 17th of May 1^93, and the anfwer of the 26th May 1793, paffing over a great many letters, fhe'fubftance of which you will inform yourfejves of by having them read, namely, letters that prove affiliations folicited and granted to -Leeds, Tewkefbury, Coventry, and manvplaces in the kingdom, more numerous than I apprehend you will believe, till you fee what the number of them is, by evidence, actually before you. Gentlemen, I beg leave now to call your attention, in order of time, to a letter of the j 7th May 1793, for it begins a correfpond ence moft exceffively material with that part of the country in which the Convention has heen already held; I mean Scotland, a Convention which I think I fhall fatisfy you did, for the time, act upon the principles that I have ftated to you, from the fpeech of Barrtre, as far as it could act, and in which I think at the moment that I addrefs you, if it had not been ftopped in the execution of its purpofes, and had been joined by thofe whofe acts we are con- fidering at this day, you might have feen, in the fpeeches of a National Convention in Great Britain, a repetition of the lan guage of Barrere, inftead of hearing it from me in a court of juftice. Gentlemen, I hold it, in the office that I fill, to be due to the adminiftration of the juftice of this country, to fay diftinctly, if I underftand the cafe upon which certain perfons were tiiedfor the acts.which they did in Scotland, that, if they had been tried for high treafon, they would have. had no right to complain : no right to complain if the queftion upon their conduct had been agitated in that fliape before a Jury of the country. Gentlemen, upon the 17th of May, a Mr, Urquhart going from London, Mr. Hardy, and a perfon of the name pf Mar- garot, celebrated in the future hiftcry of this bufinefs, join, and write a'letter — parliament had, as they expected it would, and as they meant it fhould, rejected their petition — " The London " Correfponding Society eagerly feizes the opportunity of Mr. L- 2 " Urquhart ( H* ) " Urquhart going back to Edinburgh, to fequeft of your Sdclety " a renewal of cprrefppndence, and a mpre intimate co-operation " in that which bcth Societies alike feek, viz. a reform in the par- " liamentary reprefentation. We are very fenfible that no Society " can by itfelf bring about that defirable end ; let us, therefore. " unite as much as poflible, not pnly with each other, but with " every other Society throughout the nation. Our petitions " you will have learned have been all pf them unfuceefsful : our " attention muft new, therefore, be turned to fome moreeffce- " tual means; from your Society we would willingly learn " them, and you, on your part, may depend upon pur adoptingtlie " firmeft meafures, provided they are conftitutional, and we hope " the country will riot be behindhand with us." Now, by " conftitutional meafures" it is clear that they meant that a Convention, as cpntra-diftinguifhed from a Parlia ment, would be conftitutional ; it is clear they meant it, becaufe they have faid it. Then Mr. Skirving writes thus — " Mr. Urquhart did me " the pleafure to call on Thurfday aftemopn, and delivered your " fetter of the 17th inft. I am much pleafed with the contents " of it, and fliall lay it before the firft meeting of our focieties " here, which, however, does not take place till Monday " feverinight. I would have acknowledged the receipt of your " favour by yefterday's poft, but was top much emplpyed in re- " mpving pur hpuflipld to anpther lpdging to attend to any thing " elfe." Now I beg yotir attention to this, becaufe you will fee in the tranfactions of the people in convention in Edin burgh, that they looked to what they were to do in cafe of a ¦ rebellion as well as any pther. " If either ypu in England or we in Scptland flipuld attempt, " feparately, the reform which we, I truft, feek to cbtain, ve " flipuld, by fo dping, pnly expofe our weaknefs, and manifeft " our ignorance of the corruption, which oppofes our important " undertaking : if we fought only the extirpation of one fet of ." interefted men from the management of national affairs, that "place might be given to another fet; without affecting* the " vitals adverfe to the fyftem of reform, thefe might be eafily " accoia- ( 149 ) " accomplifhed, but to cut up deep and wide rooted prejudices, " to give effectual energy to the dictates pf truth in favour of " public virtue and national profperity, in oppofition to felf and " aU its interefted habits, and to withftand and overawe the " final efforts of the powers of darknefs, is the work of the " whole and not of 3 part ; a work to which mankind till this " awful period were never adequate, becaufe never till now dif- " pofed to fraternize, not merely or only, I truft, from the " fenfe of the common danger to which we are expofed, but, " from the ennobling principle of unjverfal benevolence. " I know no greater fervfee that I can do my country, than " to promote the union you fo wifely defire ; and I am happy to " affute you, that I have hitherto difcovered no fentiment in " our affociation, adverfe to the moft intimate and brotherly •' union with the affociations in England. " I think the' minds of all muft in the nature of things be " now turned to more effectual means of reform Not one per- *' fon was convinced of the neceflity of it by the moft convincing " arguments of reafon, together with the moft unequivocal ex- " preffions of univerfal defire. What then is to, be hoped for " from repetition ? I am only afraid that the bow in England " againft reform was fo contracted that in returning it may break.. " You would willingly learn, ypu fay, from us — I own that we " ought to be forward in this ; we have at once in great wifdom. " perfected our plan of organization, and if we were in the fame " independant ftate of mind as the people of England, we would " be able to take the lead — the affociations with you are no " more, I fear— excufe my freedom — than an ariftocracy for *' the good of the people : they are indeed moderate, firm, and " virtuous, and better cannot be ; but we are the people themr " felves, and we are the firft to fhew that the people can both " judge and refolve, if undirected by faction, with both wifdom " and moderation. " I have not a higher wifh in the prefent exertions for re- " form than to fee the people univerfally and regularly aflbci- ** ated, becaufe I am perfuaded that the prefent difaftrous en- L 3 „" gagements ( '5° ) " gagements will iffue in ruin, and the people then muft provide " for themfelves, and it would be unhappy, when we fhould be " ready to act with unanimity, to be occupied about orgahjza- " tion, without which however anarchy muft enfue — we \vill " not need but to be prepared for the event — to ftand ftill and fee " the falvatidn pf the Lpid— let us therefore take the hint given " us by' pur ppppfers, let us begin in earneft to make up our " minds relative to the extent Of reform, which We ought to feek, " be prepared to juftify it, and to controvert objections ; let us " model the whole in the public mind, let us provide every " ftake and ftay of the tabernacle which we would erect, fo " that, when the tabernacles of oppreffion in the palaces of am- " bitiOn are broken down, under the madnefs and folly of their " fupportersj we may then without anarchy and all dangerous " delay erect at once our tabernacle of righteoufnefs, and may " the Lord himfelf be in it." Gentlemen, thefe are things all very eafy to be underftood. ' " How hultful to the feelings of a reflecting mind, to look " back to the wretched ftate in which the Roman monarchy-^ " enfeebled and broken by its own corruptions, left the nations^ " which it fubjected, like ftieep without a fhepherd; thev foon '" became a prey to every invader, becaufe there was none to! " gather and unite them ; had they, forefeeing the evil, affo- " ciated for mutual defence, no robber would have been able •'.' to enflave them, they would have given laws to all parties, as " well as to themfelves ; all feparate colonies and nations would " have fought their alliance ; but not having virtue to affociate, " and heal the divifions, and root out the felfifh fpiriti which, " ambition foftering governments procure to their fubjects, they " fell under oppreflions from under whofe iron feeptre they have; " never yet been able to deliver themfelves. , " We may fuppofe an event, which we deprecate ; nay, '¦ fhould we not be prepared for every poflible iffue of the prefent " unprecedented divifions of mankind, we have a rightto beappve- " henfive of the abilities of our own managers, who are fp afirid " to depart, from precedent, that, like men pf detail, they maybe " inadequate ( t5* ) " inadequate to the talk of preferving the veffel from fliipwreck, ft now grappling with danger not only great,' but new and un- " common. If the prefent miniftry fail, who after them fhall " be trufted ? It requires little penetration tp fee the anarchy and ' " difcord which will follow ; it will be fuch, that nothing fliort " of a general union among the people themfelves, will be able to ' refponding Society received your letter ; they are very glad to, " fee the fpirit of freedom fpringing up in Birmingham, -and, they, " make no doubt but that the zeal pf your fociety and theincreafe' " of your numbers will fopn dp away th? ftigma thrown pn your . *' town, by the unjuftifiable behaviour pf a Church and King. " mpb ; we are entirely pf ypur opinion with regard to the ne- " ceflity of a general union, and we helieve, as you do, that " when once the country fhall have fo united," — -what then? — " the Neroes of the day will be Jorced to yield to the juft de- " niand of a long and fore oppreffed people." Gentlemen, the political focieties at Norwich alfo write to the London Correfponding Society with refpect to this Conven tion upon the 25th of June, 1793, in, which they fay, "we " alfo received your friendly letter prior to that wherein" you " ftated three propofitions : firft, a petition to his Majefty, or " to Parliament, or; a National Convention ; and ordered one of " our Committee to anfwer it ; fliould be giad if you will in- " form me whether it was attended to. I gave my opinion on "the fubject to the Conftitutional Society of London^ and " found their ideas congenial to my own,"— -that alludes to the letter they wrote him, — " viz. an addrefs to the 'King — futile—. " a petition to "Parliament, (as a cpnquered pepple,) — tolerable, " a National Cpnvention (if circumflances, admitted) heft of " ah." Gentlemen, you will find that upon the 28th pf June, 1793, whilft thefe focieties were hplding fo much correfpondence with, refpect to this National Convention, as the only effectual means, it was thought an addrefs to the nation fliould be prepared : that is not immaterial, becaufe, ypu will find afterwards, that the project of a National Convention in Scotland was thought by many pf the members pf it, and many of the members of thofe bodies, to have failed for want of fuch a previous addrefs to the nation, and uppn this occafion twp gentlemen are brought to gether, I do not know whether one of them at that time was a member of the Society er not, but two members are brought to gether, Mr, Home Tooke and aperfon of the name of York, who. ( *53 ) ybu will find, was a delegate to the Convention in Scotland, and who you will find has acted a confiderable part in other parts of this country, were to be employed in preparing that addrefs. Upon the 6th of July, 179?, a letter having been received from the political focieties at Norwich, the anfwer figned by the prifoner at the bar is givenin thefe terms. " Fellow Citizens, The London Correfponding Society have if received, and read with pleafure, your letter of the 25th of " June, but the anfwer, which you mention to have been made " to our three queftions, has not yet come to hand ; we fhall " be glad to be informed by your next whether it was ever put " in the Poft Offie. '* With regard to the queftions themfelves, however ihdivi- " duals may have made up their minds on them, the public *f feemed moft to approve the mode of petitioning parliament." Then it ftates the effect of the petitions. " Exhorting you " therefore to throw afide all unavailing complaint, we wifh " you to occupy yourfelves in inftructing the people, in intro- " ducing and maintaining order and regularity in your own " fociety, aud in forming a junction with all others affociated " for the fame purpofe throughout the nation, by keeping up a " conftant correfpondence with them ; but, above all, orderly " and courageoujly preparing yourfelf for the event," — now mark the event, — 7" for, as it is natural to fuppofe that thpfe, who now " prey on the public, -will not willingly yield up their enjoyments, " nor re-poffefs us of our rights without a Jlruggle, which by' 'their " behaviour in Ireland?' — that alludes to the bill in'Ireland to pre vent a Convention, — '* we have fome reafon to think they are me- " ditating, and perhaps may intend to effect by means of thofe very l\ foreign mercenaries, who are now paid by the fweat of our brow, *' and whom under fome plaufible pretence it would he no difficult H matter to land on our Jhore ; it may be more advantageous to hu- " manity to Jhcw them at firfl that their opponents are neither mob nor 11 rabble, but an indignant oppreffed people, in whom is mt yet en- «' tirely extinct the valour of their forefathers." Gentlemen, f 154 J Gentlemen, in a letter to Hertford, which- is-written by-thcf fame Correfponding Society upon the 31ft of July, 1793, anc} which fociety at Hertford had defired to know their principles, they ftate themfelves in the fame manner ; — " We receive with " pleafure your affurance of cp-pgerating with us for a Re-. " form in Parliament, an object to which all pur endeavours " tend, and pn which pur hearts are invariably fixed, but as ?' your declaratipn that ypu will npt pledge ypurfelves to de- " mand univerfal fuffrage and annual parliaments, is followed' " by no fpecific plan of reform of your own, we are under fome *' difficulty how to conclude; perhaps, z&Jlrangers, you write to " us with that prudent refcrvc, which is fometimes neceffary, and " that idea receives ftrength from your appearing afterwards con-' " vinced- that the common pbject of the twp focieties is, the "fame, which we readily admit ; but, as mutual confidence is " the bafis pf unipn, and the only ratipnal pledge and fupporf " for co-operative exertipn, we truft your next will de away " every difficulty, " With refpect to univerfal fuffrage and annual parliaments,' " a mature conviction of their juftice and neceflity for the pre- ' " fervation of liberty and prpfperity to the great body of the. " pepple, and for fecuring the independence pfparliament, wasour " primary inducement to aflbciate. We therefore candidly af- " fure ypu, that thefe pur principles, as already announced tq " the public, remain immutable, ' unconnected with any party " whatever ; we can cpnfider np reform radical, but fuch as " will enable every individual cf the cpramunity tp enjpy the " advantages thereof equally with ourfelves, for, if ignorance of " the nature of government, or the merits of the candidates, be " an argument againft univerfal fuffrage, as our opponents pre-: " tend, the fame reafons would equally incapacitate a great'ma- " jority of thofe, who now enjoy that privilege to the exclufiqrj( " pf very many thoufands, much better informed than them- " felves, npt to mention that, under a mpre equallized mode " of gpvernment, the people would be at once induced and iiriT " powered to improve themfelves in ufeful knowledge. In a " word, we know no principle, confiftent with juftice o\ reafon* ' *' reafon, by which we could exclude confcientioufly any part of '^ the community from an equality of rights and privileges, which '? every member of focieiy, as he contributes to its fupport, ought *' equally to enjoy. " With refpect to annual parliaments, we will juft remark, " that gocad memBers may be re-elected, whilft twelve months " we think fully fufficient for the welfare of millions to remain " at the mercy of a bad reprefentative. Having thus unequi- " vocally ftated our principles, we fliall conclude by obferving " that the bill juft paffed in Ireland is of a nature to awaken the " jealoufy of every friend to freedom and humanity — will render " every exertion justifiable, fhould a fimilar attack upon confti- " tutional freedom be attempted here.." In October, 1793, the Scotch Convention having met, of which we have all of us heard lo much out of this place, you will find that a letter had been received from a Mr. Sinclair, to gether with an addrefs from Skirving, who was fecretary to the Cpnvention and Friends of the people in Scotland, by the Lon don Conftitutional Society; an extraordinary meeting of the fociety was therefore called at the Crown and Anchor to con fider the utility and propriety offending delegates to a Conven tion Of delegates of the different focieties in Great Britain, at Edinburgh, for the purpofe cf obtaining a parliamentary reform. Upon the 28th of October, 1793, this fociety came to a refo lution to fend delegates to that convention, and the two perfons .elected were Mr. Sinclair and Mr. Yorke; and perhaps one can not ftate a more ftriking inftance of the extraordinary power of a fmall fociety, affiliating itfelf with focieties, fpread all over the whole kingdom, than by ftating that Sinclair, who was deputed from this fociety, meeting with other delegates in Scotland, had no difficulty of affuming with others the title of a delegate to'the Britifh Convention — to affert their right to do acts in contradic tion to the legiflature — than by telling you that this Yorke and Sinclair were deputed from this fociety by a poll, in which he, who had the majoritv, had feventeen vptes only; Mr. Yorke and Mr. Sinclair are accordingly fent down, and they go with all the delegation of the power of the people, which this Conftitutional - Society, ( »56 5 Society, thus affiliated, could give them, and what they thoughf' it was you will fee prefently. — The London Correfponding So ciety was not to be backward in forming this Convention in Scotland — and, accordingly, you will fee in the' evidence, which I have to ftate to you, a confiderable deal of contrivance on the part of the prifoner at the bar, in order to bring about that con vention in Scotland, for, Gentlemen, he writes a letter to the Norwich Conftitutipnal Society, which deferves your very ferr ous attention, in which he expre'ffes himfelf thus—" We have 'i'to aeknpwledge, at pnce, ypur favpurs of the 3d of September '' and 14th inftant ; multiplicity of bufinefs prevented my an- " fwering your firft, but will now inform you that the fpirit, " fhewn in it, gave great fatisfaction to pur fociety at large; tc the rejoicings for the capture pf Valenciennes were not con- " fined to Norwich alone : the ignorant every where elfe through- " out the nation betrayed their imbecility on the occafion— w the taking of a town, the flaughtering of thoufands of human " beings, the laying wafte whole provinces, or the enflaving a " nation (however great evils they may be) can only retard " for a fmall fpace of time the progrefs of truth and reafon, " Be not difheartened, therefore, purfue your plan, inftruct man- " kind, and conftitutiorially fet your faces againft exifting abufes; " be affured that many are our friends, who only" wait a favourable " opportunity to openly join us, while our enemies have much " enfeebled themfelves and their caufe by their arbitrary exer- " tions ; defpotifm is at its laft gafp»—-one or two campaigns " mpre will terminate its exiftence. " We are glad to fee that ypu begin to make a proper ufe of ** delegation ; where bodies of men are too numerous to be Cen to 3 " vened eafily on every occafipn, delegatipn is the beft, and " indeed the pnly way to pbtain the- general opinion. Scotland, ** improving on the idea, have not only fummoned their own **' delegates, but alfo invite thofe of every other fociety to attend *' a kind of Convention," (as if Mr. Hardy knew nothing about it) " which is to be held at Edinburgh on the 29th inftant-=-the lt enclofed paper, which I, previous to the communicating ypur " letter to our committee, (which will meet only to-morrow), *' make hafte to tranfmit to you, will fliew you that your fo- '* ciety ( *57 ) cc ciety is included in the general invitation to fend delegates to ct that meeting, which we exhort you to do, if you poffibly can; *' I firmly believe our fociety will not mifs the opportunity of " doing the fame." Now you will find that upon the 5th of October, 1 793, Hardy, who wrote this letter upon the 17th, wrote to Skirving in this Way — " With pleafure I perufe your favour of the 2d inftant, " but, as yet, have feen nor heard nothing of the two copies of " Mr. Muir's trial, which you mention as being fent to the fo- " ciety and to myfelf — be kind enough, notwithstanding, to return u that gentleman thanks for his polite attention, and affure him " that we view him in the light of a martyr to freedom, as well " as Mr. Palmer, and that our warmeft hopes are, that the op- *' preffors of mankind will either be afhamed or afraid of carry- " ing their revengeful malice into execution. M The general Convention, which you mention, appears to " Mr. Margarot (to whom alone 1 have communicated your " letter) and myfelf to be a very excellent meafure, and as fuch, " / could wifh you, without delay, to communicate it officially to " our fociety without any ways mentioning that you had written *c to me privately — if in your official letter you fhould require " us to fend a deputation to that meeting, I have no doubt but " our fociety would, with pleafure, accept the invitation ; and I "am, perfuaded it may do much good. — Our freedom, as ypu " juftly obferve, depends entirely uppn ourfelves; and, upon our " availing ourfelves of this opportunity, which, once loft, may " not be recovered fo foon. I am glad to difcover by your tefti- " mony that I was by no ways miftaken in the high opinion I al- " ways had of Lord Daer's patriotifm : a title may be a bar to " difinterefted patriotifm, but it feems he has evinced not to be *' an infuperable one. " You are right, it is truej that we have bad another general ¦ " meeting, at which, a haftily compofed, and fuddenly produced " addrefs to the King was read, applauded, and agreed to be pre- " ferited, but, on a cool revifal, the faid addrefs being found to " be more ill-natured than fpirited, more dangerpus in its lan- . « guage than advantageous in its object, befides being tpp long, "the ( '58 ) "the committee, with the approbation of the majority, of the " fociety, have adopted another, much fafer, more appofite, and " relating folely to the war : enclofed you have a copy of it, but " you was mifinformed when ysu was told We paffed any refold " tions at that meeting, for we only came to one, and that rather of " a private nature, namely, that the conduct of Sir James Sander? " fon, in preventing tbe meeting of the London Corretponding " Society, at the Globe Tavern, Fleet Street, was of fuch a na- " ture as to place him below our cenfure." Gentlemen, the London Conftitutional Society gave their delegates, Mr. Yorke and Mr. Sinclair, certain inftructions, and I ought here to tell you, by way o/ explaining the effect of what I am now to ftate, that the manner of keeping the books of the London Conftitutional Society, as I underftand it, was this — The refolutions, made u'pon one night, were taken upon loofe minutes, either by the fecretary, or by other perfons, who acred in his abfence, or in his prefence, when he was not doing that duty himfelf: they were entered, before the fubfequent night of meeting, regularly in the book, and the firft thing done upon.the fubfequent night of meeting was to read the refolutions which were made upon the former night, and to fee that they were cor rect : now it will naturally occur that the minutes may explain the bopk, and the bpok may explain the minutes : now, when they come to draw the minutes, which ypu will have for the in- ftructipn of their delegates at a Conventipn, which was to be held in Scotland, the firft idea was to inftruet thofe delegates to peti tion parliament : but they feem to have recollected that that was a meafure, which had been abandoned fome months before by all the focieties, with whom they were affiliated : tbey therefore flruck out of their minutes the purpofe of applying to parliament, and they fend inftructions in thefe words. " The delegates are inft ructed, on. the part of the fociety, to " aflift in bringing forward and fupporting any conftitutional " meafures for procuring a real reprefentation of the Commons *' of Great Britain in parliament — that, in fpecifying the redrefs « to be demanded of exifting abufes, the delegates ought never *'• tp lofe fight of the two effential principles, general fuffrage, "and ( 159 ) 15 and annual reprefentation, together with the unalienable right w in the people to reform, and that a reafonable and known " compenfation ought to be made to the reprefentatives of the " nation by a national contribution." What they meant by the reprefentatives of the nation, after what I have already read to you, I think you cannot poflibly miftake. The London Correfponding Society are fomewhat bolder in the inftructions, which they fend with their delegates to the Convention in Scotland : you will find thefe inftructions are to the following effect. — By article the ift, the delegate is in- ftructed " that he fhall on np accpunt depart from the original " object, and principle of this fociety ; namely, the obtaining " annual parliaments, and univerfal fuffrage, by rational and law-r " ful means. " 2d, To fupport the opinions that reprefentatives in parlia- " ment ought to be paid by their conftituents. " 7th, That it is the duty of the people" — flow, Gentlemen, I beg your attention to this, it is the principle, upon which the Convention in Scotland was formed, and upon which it acted ; " That it is the duty of the people to refift any act of 'parliament, " repugnant to the original principles of the conftitution, as " would be every attempt to prohibit affociations for the purpofe " of reform." Gentlemen, there is no government in this country, if this principle is to be acted upon, becaufe nobody can tell to what extent it will go, and accordingly you will fee that thefe dele gates, who went into Scotland, with this authority in their hands, carried the authority far beyond the refiftance, which they were authorized to make according to the principles here laid down, and they ftate a great variety of cafes; all approved afterwards, both by the London Correfponding, and the Conftitutional So ciety, in which the People, and the Convention of the people, were to refift parliament. Gentlemen, thefe focieties, having fent delegates to the Con vention in Scotland, I proceed now to ftate that the acts of that Convention, to the extent at leaft to which the delegates from this country were authorized to at$ are evidence againft thofe, 3 who ( lop } whp fent them, and therefore againft- the perfons here incple ving — I call back to your recollection npt onl'y'tlie letter of Skir ving, but that the troops of liberty were promifed to be fent with bayoriets and pikes from that country,, which at this mqment was likely to invade us — " or the admiffibn of any foreign troops M whatfoever into Great Britain orlreland"— If the Parliament of this country, for the purpofe of protecting itfelf againft that foreign invafion, Had brought thefe foreign troops jnto Great Britain or Ireland, not being the troops of a nation) with which we were at war, this Convention of the people was to act upon the ( introduction of fuch foreign troops in the fame manner, as they would act in cafe of an invafion by thofe, who Were at war with os— what is the conftruction that follows upon that I— that, even if foreign troops^ to meet the .exigence of art invafion, were ir»- trpdueed^what then*— "all or any one of thefe calamitous circum- *•* ftances"—- why Calamitous r They might be neeeflary for the very exiftence of the country—" fliall be a figflrai to the feveral " delegates to repair to fuch place, as the Secret Committee of this w Convention fhall appoint, and the firft feven members fhall have power"-^to do what?— to do. that exactly, which a Na tional Convention to France wBwhf do — •* to. decbre the fitwngs permanent" — why? Becaufe' tEe duly conftituted Jegiflature of the country had dared not to do an act, but to entertain a delibera tion ujjoa'iloiogi an act — the firft notice was ta caU together this M 2 Conven- ( i64. ) Convention, and, being called together, their fittings .we|e,to be permanent,. Gentlemen^ are the parties to this Convention in Scotland fhch men, as would think of bringing themfelves together to de clare their fittings permanent upon fiich a ground, as they ftate here, namely, the legiflature pf a great country acting in the execu- tipri of the great duties, which belong to the legiflature of that ' cpuntry, withput fuppofing, by that folemn declaration, that they could make their meeting effectual by the acts, which were to be carried on for the purpofe of preventing that legiflature from deliberating upon fuch duties ? By what acts could it be done but by exertipns as they ftile them in the manner pf their forefa thers, by force? By affiliated focieties, exerting their phyfical ftrength, that, phyfical exertfon, which Mr. Barfow obferves is to be preceded or precluded by fpreading ufeful knowledge, and that ufeful knowledge being that, which is to beat down the ex ifting authority of King, Lords, and Commons. " The Convention therefore refolve, that each delegateimme- " diately pn his return home do convene his conftituents and ?' explain to them the neceflity of electing a delegate or dele- l} gates, and of eftabli filing a fund without delay, againft- any of " thefe emergencies, for his or their expence, and that they do " inftruct the faid delegate or delegates to hold themfelves "ready." Gentlemen, you fee what they expected from the legiflature —they knew that what they were doing ought to provoke the legiflature to do what they meant to forbid the legiflature todo: and they inftruct their delegate or delegates to hold themfelves ready — " to depart at one hour's warning." Well might Mr. Skirving fay, that a month's delay, and the whale was hft: well might Mr. Hardy fay, what he fays in letters I fhall produce pre fently* that if the pppprtunity is loft npw, it is loft for ever— we muft act npWj pr we never can. Having fome reafon'to fup pofe that this Cpnvention would be difperfed, they then with great folemnity come to anpther refolution : > "That the moment of any illegal difperfion, of the Britifh ¦ "Convex ( 165 ) c< Convention fliall be confidered as a fummons to the delegates ** to repair to the place of meeting appointed for the Convention " pf emergency by the Secret Committee, and that the Secret " Committee be inftructed without delay to proceed to fix * " the place of meeting." Gentlemen, after thefe refolutipns it became neceflary te do a little mere, that is, to declare upon what principles this Convention exifted. Now mark the prin ciples, and do your Cpuntry juftice : apply fo much of the obfer- vations that I have made to you, as are worthy your attention, to what I have before ftated. as the neceflary connection between the principle and practice of Mr. Paine, and of thefe Societies, Gentlemen, thefe principles brought together the French Convention— what is the practice then, that flows out of the principle? Why it is the- affembling of a Convention upon principles obliging it to fit for the purpofe of declaring that the legiflature fliall do npthing, but what they liked: that is to all intents and purpofes a National Convention ; if not a Conven tion for an eternal reform, at leaft a Convention,'that prohibits the legiflature to do any thing, but what is agreeable to them. Then, having met for the execution of the practice, they proceed imme diately to the declaration of the principle — but they do not pro ceed tp a declaratipfi pf the principle till they have dpne1 that ftrpng and folemn act, which I have ftated: then they refolve " that a Cpmmittee be apppinted to draw up a declarafipn" This is France exactly— It is the Southwark fociety in 1792—3 " declaration of the natural imprefcriptible rights of man, and that " the fame be prefixed to an addrefs to the people of Great Bri- *f tain. That a committee of obfervatipn," that is, for the bet ter effectuating the purpofe that they had before declared, " be " appointed in London to give the earlieft intimation of any mo- " tion of the kind mentioned in the foregoing refolutions to the " different focieties." You will then find that they met in a place, which they call Convention Hall, under the name of the Britifh Convention, and then they are informed that the London Correfponding Society wculd undertake to be that Committee of obfervatipn, which, they fay, ought to exift; — and then ypu will find that the members M 3 mentioned £ 166- ) mentioned that they had thoufands of their -conftituents in Lon don, Sheffield, Norwich, Leeds, &c. and that the Conyentsfi-|j ] was to look at itfelf as in its true nature a Cerrimtttet of the. Pi*. ph — that therefore it was neceffary to have, as they have m France, Primary Societies, who fliould be confulted— in other? $ words, that this Committee of the people at Edinburgh, which) was to overrule the legiflature, was itfelf to be overrukd by thefe Primary Societies, thefe primary focieties themfetves being overruled by the leaders of the great clubs, from which they emanated, and fo forming in this country a government, uta-lbr tbe power of a Jacobin Club, and that government deftroying the prefent exifting legiflature of the kingdom, You will alfo find that, before thefe peffens parted, Mr. Mar* garot communicated to his conftituents the proceedings of this body, which hfe ftyles always the Convention of th People affociatcW to Obtain annual parliaments, and univerfal fuffrage. There are letters which I fhall lay before yeu, withput detailing thein^ ftat ing that they fopked up to the London Correfponding Society, and the Society for Conftitutional Information — that thfeir active exertions were neceflary for the aCcomplifhing the projects, which they fitting in Edinburgh were to execute ; and- then the two de legates of the London Correfpohding Society write to Mr. Har dy, as the Secretary of that fociety, an account of their proceed- ingsn--they give him an account of that folemn motion, and of the manner of making it, which I have juft been detailing to you — they ftate to him that they had determined to affemble in Convention in any fuch cafe-. — that the appointment of the place, Which is a circumftance I beg your moft ferious attention to, was left to a Secret Committee; but then they fend to.him an account of the rjjotipn, informing him in the letter — that " letters convey *' but very imperfectly, and with no great degree of fafety, what> *' we might wifh to inform each other of," Now what do you think it is that they do not inform him of in this letter— ?they do not inform him in this letter, becaufe let? ters will not convey every thing Mdy-r-that the Conventkti.-vim fo meet in cafe of invafion— that was a fecret, which durft not be tr«ft$d to correfpondence by lette^ and becaufe it exifted in that motion i ( 1*1 ) motion which was made, every other part Of it being communi cated even in a letter, they confider it of fuch a nature, that they determine not to infert it even in their own minutes. This Secret Committee having been appointed in the Scotch Convention, the fact being cornniunicated to the London Cor refponding Society by their delegates, you will likewife find that Mr. Sinclair, the delegate from the Conftitutional Society to the fociety at Edinburgh, Was not behindhand in the communication of it: he communicates the proceedings, anddefires thata Secret Committee may be appointed in that fociety. It was not long after this, that the wifely exerted bower of the magiftraey of that country difperfed that Convention. The difperfion of that Con* Vention, which, from what I have before ftated to you, was con ceived to be a body that muft then do its work, or its work ne ver Would be dorie, fuggefted to the focieties of this country the neceflity of undertaking the fame bufinefs, of undertaking it at the fame hazard, knowing that the project muft either then be aeeompliflied, of that it never could thereafter be attempted — for that no Government could permit fuch a Convention as this to meet, when its nature was really tinderftbOd, without taking fome means to protect itfelf againft the cofifeqtfertces of the ex igence of fuch a Convention, Gentlemen, you will therefore find that, -after they had been difperfed, and after, in confequence of that difperfion, fome of them had been punifhed in Scotland by fentences which were pronounced upon offences, not ftated in the records of that •court in fo aggravated a way againft them as they might, in my humble opinion, have been ftated, that it then became' neceffary that fome ftep fhould be taken immediately to prevent the mif chief, which was meditated ; for you will find, in the evidencej propofitions in thefe focieties about a refcue, which failed ; but you will find in their correfpondence from Scotland, and their correfpondence from thofe fliips in which the members of the Scptch Convention were, before they failed in executipn of their fentences, npt Pnly the ftrpngeft invitations to do fonae ftrong acts in this country to both focietiesj but, on the other hand, the M 4 ftrongeft ( i68 ) ftrongeft and moft unequivocal, declarations by both Spcieties, thaMhefe ftrong.acts muft be done. Gentlemen; you will find that before they left Scotland; upon the 1 1 th of December, 1793, there is a letter from Mr. Margarot' to Mr. Hardy to this effect — " We, received your " letter and remittance yefterday, and fhall be glad to receive *' another fuch without delay. " The. Convention ypu will feeha6 declared itfelf permanent; " they are to fit in fome other part pf the cpuntry, which is " npt yet declared." , Gentlemen, Mr. Sinclair, the Delegate pf the ConftitutionaJ • Society, came to London. I have before obferved to you, from a letter of Gerald and Margarot, that there were fome things that could not fafely be conveyed by letter. Margarpt writes. a letter from Edinburgh to the prifoner, in which he fays— "My colleague Gerald alfo propofes to leave this place the " latter end of this, or the beginning of the next week : He will ." explain himfelf to you : Pray fend him money for this jour- " ney, &c. He is npw gpne ta Perth pn very urgent bufinefs, " Since Sinclair's departure npthing new has pccurred, except.the " formatipn pf a Spciety fomewhere abput the Grampion Hills" . — this ihews the fpirit of fraternization — " they have already made " a fubfeription towards it : Again we are interrupted, and likely " to lofe the poft, unlets I difpatch this immediately." Uppn the 22d of December, 1793, anotner letter is written to Mr. Hardy by the fame gentleman, which probably led, in fome degree, to the tranfactions that I have to ftate, as having paffed in January, 1794 ; for, after ftating what had happened to himfelf in Scotland, he fays — " Sheffield has on this occafion " exhibited a moft manly fpirit" — The Sheffield Society had at that time fent out fome exceflively ftrpng refolutions, which I fliall give you in evidence in the courfe pf this bufinefs—" I " am extremely mprtified to find fo great a difference- betweeep " them and the Lpndpn Cprrefppnding Spciety ; it is not how- " ever top late. Fpr Gpd's fake fend forth fome very ftrong " refolutiptis, and abpve all, talk pf impeachments, andofpe- "titipning the King to rempve from their offices thofe perfons' " who have thus violated the laws pf the realm." You. ( i69 ) You will find frorrt a letter of- the 24th of December; • thaf Margarot, a delegate of the London Society, a delegate of Norwich, and a Mr. Brown, who Was the delegate from Sheffield, had gone to attend a general meeting of the Society of the Friends of Freedom in Eaft Lothian, and then the expreffion is—" The time is come that wemujljhew " ourfelves worthy of liberty, or defcrvedly lofe it. Theoppo- " fition of our adverfaries is demonftration of the propriety " and efficacy of the means which we have employed to ob- " tain it." Upon the 27th of December, 1793, you will find Mr. Mar garot ftates that Mr. Gerald was gone to Perth ; that lie him felf had been in Eaft Lothian ; that they had been well em ployed ; that they muft fend out fpirited refolutions ; and you will find that upon the nth of January, 1794, Mr. Hardy writes a letter to Norwich, relative to the proceedings I have now been ftating, the Conftitutional Society firft, and the London Correfponding Society afterwards, having in their pub lic acts approved every thing that this Convention had done. Mr. Hardy's letter runs thus : " I have juft received a letter from Citizen Margarot, at Edin- " burgh, with fome of the Edinburgh Gazetteers, where you *' will fee that Citizen Skirving is found guilty, and feute'need " for fourteen years tranfporta.tion to Botany Bay. Margarot's " trial comes next ; he meets it with great firmnefs and refolu- " tion. I have no time to make my comments on the pro- " ceedings, but I think pur ppppnents are cutting their own " throats as faff, as they can — Now is the time for us to do fome- " thing worthy of men : the brave defenders of liberty, fouth of. the " Englifh Channel, are performing wonders, driving their enemies " before them like 'chaff before the whirlwind. Margarot tells me " that he has not time to write to you juft now, but he hopes «' to have time very foon, when his trial is over, and immured " in a prifon. The London Correfponding Society is to have a " general meeting and an anniverfary dinner on Monday l\\e " 20th inftant, at the Globe Tavern, Strand," Gentlemen, you will find that Mr. Margarot, this delegate, with whom Mr. Hardy is thus in correfpondence, writes to the Norwich ( '7o ) Norwich United Societies—" This morning ten fliips Of Var "ha* left Spirhead for the Channel; and it- is here reported " that the Breft Fleet is out. Rumour, always magnifying things, " fays there are feventy fail of the French at fea ; if fo, there " muft be a nkmber of tranfports among them, and a defcent 'my " probably be the confequence— for God's fake, m'y worthy friends, " do norrtlax in the. caufe of Freedom." — Now what connection had a detent with the caufe of freedom ?— " Continue as you "hdve begun;' corffofidatfc ybur own Societies— unite with " others— perfevere, and make no doubt, but fooner 6r later, " your' endeavours will be crowned with fuccefs." Gentlemen, I come now to ftate to you the proceedings of the year 1794, as far as they depend upon written evidence; and it muft be a fatisfaction - to the mind of every man, who hears me, that, jn the courfe of this bufinefs, whatever obfer- vations may arife upon the parol evidence, that will be given you, I think you will find fo ftrong a confirmation of all you are to hear in the written evidence, that is to be laid beforeyott, that thefe pbfervatipns cannot poffibly miflead you from coming to the true conclufion upon the whole of the evidence, what ever that may be. Gentlefnen, the Conftitutional Society, having fent their delegate to the Scotch Convention, you will find that,; at a meeting of the 17th of January, 1794, the following refalufjons were come to, to which .1 muft defire your particular attention, more efpecially as there are fome circumftances belonging to the compofitton of thofe refolutions, which appear to me to be worthy of attention. I have before told you that thefe refolutions were ufually draws firm minutes — the original minutes ftill exift, and perhaps they fhew that difcretion, with which men are forhfetimes able to ftate, jn different ways, precifely the fame thing: I fay. that thefe refolutions of the 17th of January, a 794, were meant to excite the fubjects of this country to refift- atice. " Refolved, That law ceafes to be an object of obedience, " whenever it becomes an inftrument of oppreffion. " Refched, { »7* ) " Refolved, That we recall to mind, with the deepeft fatif- " faction, the merited fate of the infamous Jefferies, once Lord M Chief Juftice of England, who, at the aera. of the glorious " Revolution, for the many iniquitous fentences which he " had paffed, was torn to pieces by a brave and injured people." This is applied to the Judges of Scotland, who executed the law upon fuch facts as I have been ftating. — " That thofe who " imitate his example deferved his fate" — this fort of intimation might have a tendency, I hope it had not, to put in any peril thofe who did, in the regular courfe, and in the due courfe of their judicial duties, pafs thofe fentences, to which thefe refo lutions allude. " That the Tweed, though it may divide countries, ought "not, and does not, make a fcparation between thofe prin- " ciples of common feverity in which Englifhmen and Scotch- " men are equally interefted ; that injuftice in Scotland is " injuftice in England ; and that the fafety of Englifhmen is *' endangered, whenever their brethren in Scotland, for a '' conduct which entitles them, to the approbation of all wife, f and the fupport of all brave men, are fentenced to Botany f Bay, a punifliment hitherto inflicted only on felons. .'¦' That we fee with. regret, but we fee without fear, that the '• period is faff, approaching when the liberties of Britons" — this was in January — " muft depend, not upon reafon, to which " they have long appealed, nor on their powers of expreffing it, " but on their firm and undaunted refolution to oppofe tyranny " by the fame means by which jt is exercifed." Now what is the tyranny ? The exercife of the regular gpvernment pf the country. What is the means by which it is exercifed ? The application of the force pf the country in fupport pf the" govern ment of the country. What is this refolution then ? Why that the means, which the government takes in the regular exercife of its functions, ought now to be refilled — " We fee it with re - " gret, but do not fee it with any fear." That a breach of allegiance was contemplated you can have no doubt, for you will fee in the original of, this, that it flood thus : That, " as .allegiance and protection are reciprocal, law ceafes "to ( I?* ) "to be an object' of obedience,, whenever it becomes an inftru- " ment pf oppreffipn."— Couple that, as it ftpod originally, with the third refolutipn, and what is it ? Why it is — That the protection, which was due from him to Whpm allegiance is due, has not been afforded : therefore allegiance is no longer due. "'We fee with regret, but we fee without fear, that the period "is faft approaching, when the liberties of Britons muft depend; " not upon reafon, to which they have long appealed, nor on " their powers of exprefling it, but on their firm and undaunted " refolution to oppofe tyranny by the fame means by which it " is exercifed." Ypu will alfo find that it ftppd, " that Englifhmen feel the " oppreflion of Scotchmen, which they are determined to refift " at the hazard of their lives" — You will find the laft refolu tion,' in the minutes, comparing the genuine reprefentatives of this country, in the Houfe of Commons, with this Convention in Scotland, which Conventipn in Scptland had taken upon itfelf to refolve upon refiftance to even a motion, in either Houfe of Parliament pf this country, in the execution pf their duty, thus: " That we apprpve pf the cpnduct pf the Britifh Cpnvention, " whp, though affailed by force, have not been anfwered by ar- '" guments, and who, unlike the Members of a certain Affembly, " have no intereft diftinct from the common body of the people" —The words originally flood — who " being the incorrupt repre^f- " fentatives of many thoufands, have fpoken the language of " truth and firrnnefs." Can I make this Court the inftrument* of conveying to the public, what, I confefs I do moft anxioufly wifli to make it the inftrument of conveying to the public, as far as it is fit, in the execution of the duty that I am now dif- cbarging, that they may underftand what it is that' men, when they are fcattering thefe libels through the country, mean— " This Convention, affailed by force, have not been anfwered by arguments": — How was it poflible to anfwer thofe by argtK ments, who were coming to folemn and facred refolutions, which they did not eveii dare to put upon the face of' their own mi nutes ? How were we to anfwer thofe by argument, who'were working under ground till they had blown up the government, . and ( *73 J and then fay, you cannot point out that we have been acting ill, becaufe we won't tellyou how we have been acting? Upon the 16th, Mr. Margarot writes again, leaving them to purfue what fort of conduct they pleafe. Then there is a letter of fome importance of the 28th of Ja nuary, which is written to the perfon who ftands at the bar. — " We have juft received notice from the Sheriff to hold our- " felves ready to depart at an hour's warning : we go by night : *' we imagine to Newgate : look out for us." Gentlemen, you will likewife find a letter from Mr, Margarot to Mr. Hardv, of great confequence, as it explains many of the paffages in the evidence between the 20th of January, 1794, and the time that thofe perfons were apprehended. Margarot writes from Edinburgh in this manner : — " Armed affociatipns " are, I perceive, now fet on foot by the rich, wherefore fhould " not the poor do the fame ? are you to wait patiently until " 20,000 Heflians and Hanoverians come to cut your throats? ¦' and will you ftretch forth your necks like lambs to the, " butcher's knife, and like lambs content yourfelves with bleat- " ing ? Pray let me hear from you foon. Remember me to " Moffatt, Muir, and Palmer, and all fuffering brethren.". Gentlemen, ' upon the' 20th of January, 1794, there was a meeting at the Globe Tavern ; that meeting, which you will , permit me to obferve Hardy mentioned in his letter of the 1 ith of January, 1794, which I before have fpoken of, when he faid the London Correfponding Society were to have a general meet- ' ing, and an anniverfary dinner. ' Gentlemen, the proceedings of that day will deferve your- very particular attention. " At a general meeting "of the London Correfponding Society, " held at"the Globe Tavern, Strand, on Monday the 20th day "of January, 1794, Citizen John Martin in the chair," — when I ftate this to you', I ought to fay that I fhall prove the, prifoner to have been prefent, or to have' been' connected wirh all the tranfactions that I have been ftating. The following addrefs to the people of Great Britain and Ireland, was read and agreed to. " Citizens, We find the nation involved in a war, by which in 1 , . ' " 7 " the f 174 f " the courfe of orie campaign, immenfe numbers pf our country* " men have been flaughtered ; a vaft expence has been in- " curred ; pur trade, ccmmerce, and manufactories are, almoft " deftroyed ;, and many of our manufacturers and aftifts are. " ruined, and their families ftarving. " To add' to our affliction, we have reafon to, expect that " other taxes will foon be added to the intolerable load of impofts " and imppfitipns, with which we are already Overwhelmed, " for the purpofe of defraying the expences which have been in curred in a fruitlefs crufade, to re-eftablifli "the odious def- " potifm of France. " When we contemplate the principles of this war, we con- " fefs ourfelves to be unable to approve of it as a meafure either " of juftice or difcretion ; and, if we are to form our calculation " of the refult, from what has already paffed, we can only look " forward to defeat, and the eternal difgrace of the Britifh " name. " While we are thus engaged in an expenfive and ruinous " foreign war, our ftate at home is not lefs deplorable. " We are every day told by thofe perfons, whp are interefted " in fuppprting the cprruptipalift, and an innumerable hpft 0$ " finecure placemen, that the conftitution of England is the " perfection pf human wifdom ; that pur laws (we fliould ra- " ther fay their laws) are the perfectipn pf juftice ; and that " their adminiftration of thofe laws is fo impartial and fo ready,, " as to afford an equal remedy both to the rich and to the " pppr, by means pf which we are faid to be placed in a ftate " pfabfolute freedom." — The paper then gpes pn and reafons. uppn the ftate pf the law in this cpuntry, under an exppfitibn,of Magna Charta, which gives as nearly the true meaning of it as a man wpuld give, who had never feen it* " If we look to Ireland, we find that acknowledged privilege! " of the pepple to meet for the fuppprt and protection pf thrift " rights and liberties, is attempted by terror to be taken away* " by a late infampus Act pf Parliament. — That was an Act to grevent Cpnvention by delegates with dangerous pbjects.— • " Whilft r*7ji " Whilft titles of honour — no — but of di'fhonour are ilvlflieci, " and new fources of corruption opened to gratify the greedy " proftitution of thofe who are the inflruments of this op- *' preffion. " In Scotland, the wicked hand of power has been impudently " exerted without even the' wretched formality of an Act of "Parliament." — A piece of parchment juftice they call an act in the Convention of Scotland. — " Magiftrates havb forcibly in- " traded into the peaceful and lawful meetings of freemen, and " by force (not only without law, but againft law) have,' " under colour of magifterial office, interrupted their delibera- " tions, and prevented their aflbciation. " The wifdom and good conduct of the Britifh Convention ira- " Edinburgh has been fuch, as to defy their bittereft enemies " to name the law which they have broken, notwithftanding " which, their papers have been feized and made ufe of as evi- " dence againft them, and many virtuous and meritorious indi- " viduals have been, as cruelly as injuftly, for their virtuous " actions, difgraced and deftroyed by infamous and illegal fen- " tences of tranfportation , and thefe unjuft and wicked judg- " ments Kave.been executed with a rancour and malignity never <* before known in this land; our refpectable and beloved fellow-. " citizens have been eaft fettered into dungeons, amongft felons " in the hulks, to which they were not fentenced. " Citizens, We all approve tHe fenthnents,, and are daily " repeating the words for which thefe our refpectable and valu- " able brethren are thus, unjuftly and inhumanly, fuffering; " we dp affociate"— mark the expreffion — " in order to obtain " a fair, free, and full reprefentation of the people in a houfe "of real national reprefentatives."-— Now, did the Convention; at Edinburgh then affociate for the purpofe to obtain a fair, free, and full reprefentation of the people in a houfe of real national reprefentatives? If thry did, they affociated to form that houfe of real reprefentatives upon this principle, that they were, as Mr. Skirving calls them, the people in Scotland, that they were to affiliate, and to affociate themfelves with focieties in England i 6 , and ( i/6 ) and that, in that ftate of affiliation and affociation, holding a Convention, as they call it, of the People, from delegates of thefe focieties, and not from thq people — to do What ?— why to meet as an Affembly, which Affembly was to control the opera tions Of Parliament ; of that Parliament, which muft be the reprefentatives of the Commons of the Nation ; an expreffion, which by the way, they never ufed, adopting generally terms of a different import, " Real National Reprefentatives." " Are we alfo willing to be treated as felons for claiming " this bur inherent right ? which we are determined never to " foregp hut with pur lives, and which npne but thieves and " traitors" — that is perfons acting in the regular execution of the functions of magiftracy — " can wifh to withhold from us : " confider it is one and the fame corrupt and corrupting in- " fluence, which at this time domineers in Ireland, Scotland, " and England: can you believe that thofe, who fend virtuous " Irifhmen and Scotchmen, fettered with felons to Botany Bay, 'do " not meditate, and will not attempt to feize the firft moment, " to fend us after them ? or, if we had not juft caufe to appre- " hend the fame inhuman treatment, if, inftead of the moft im- " minent danger, we were in perfect fafety from it, fhould we " not difdain to enjoy any liberty or privilege whatever in which " our honeft Irifh and Scptch brethren did npt, equally and as "fully, participate with us? Their caufe then, and purs, is " the fame, and it is bpth pur duty and pur intereft to ftand or " fall together." . Gentlemen, recpllect the expreffipns that I read to ypu from Skirving's letter: " will ypu' wait till barracks ' are erected in " every village, and till fubfidized Heffians and Hannverians are " uppn usr" Ypu will npw fee from the proceedings I am ftat ing to you, that the time was come, that they were not only -w- tuous but courageous enough to do an act, which in 1792 and 1793, though they were virtuous enpugh to dp, they were not cpuragepys enough to dp. " Ypu may afk perhaps, by what means fhall we feek re- «' drefs ? We anfwer, that men in a ftate pf civilized fociety, "are ( Hi ) " are bound to feek redrefs of the grievances from, the laws, as " long as any redrefs can be obtained by the laws ; but our com- " mon mafter, whom we ferve, (whofe law is a law of liberty, " and whofe fervice is perfect freedom,) has taught us not to ex-, " pect to gather grapes from thorns, or figs from thiftles: we " muft have redrefs front our own laws." — Were they to be a Convention of the People then without rtiakingiaws '? They ap prove the whole conduct of the Britifh Convention, that would not let others make laws, and yet were they. not to mitke laws ? "We muft have redrefs' from bur own laws," arid riot irom Other laws ; — the laws of Great Britain are thus defcribed, — " the laws of our plunderers, enemies, and oppreffors :" Indeed, if the Legiflature of their Country were their plunderers, enej mies, and oppreffors, in their notions, it would be very difficult to fuppofe, that they were to have redrefs from the laws of that legiflature ; but then it follows, of courfe, that they rheant to have redrefs from laws made by Tome other body, that had au thority to make laws; and What that other body is, but the Convention which they determine upon, muft be left for thole to fay, who cah find it out. They go on then to fay^ " There is no redrefs for a nation circtimftanced as we are, "but irt a fair, free, and full reprefentation of the people." — . Now, here again I afk, what is that fair, full, and free repre fentation of the people, not mentioned to be in Parliament ? but if it was, it would be ptecifely the fame phrafe as occurred at the time of the Commonwealth. But they take upon the'rti to approve of the Britifh Convention, and to unite the two nations of England and Scptland, to be a Britifh Convention formed by delegates from the different focieties in this Country, ,and pro-, feffing to act as a Convention of the People ; I fay, that it is that fpecies of Convention, which, in their opinion, was a fair, free, and full reprefentation of , the .people, in which, and which alone, they hoped for that redrefs, which they could not hope for frond the Parliament of G*eatBritaiiij thofe, who were their plunderers, their enemies, and oppreffors \ Could it be poflible for them ta fuppofe, that they could make Parliament the willing pr un willing organ of bringing about this reprefentation of the people N to ( 178 > \: to fubfift by annual fuffrage and univerfal reprefentation ? Could it have entered into their imagination that thofe, whoni they call their plunderers, enemies, and oppreffors, would ever become the voluntary or involuntary inftrument of doing that, which was the object pf all thefe Spcieties, from March 179 1, till they were checked in the executipn pf their purpofes ? Then follpws a refolution that will require likewife your very particular attention. " Refolved, That during the enfuingfef- " fion of Parliament the General Committee of this Society do " meet daily, for the purpofe of watching the proceedings of the " Parliament and of the adminiftration of the government of this " country.'' This was to be publifhed : they do not therefore ven ture to infert totidem verbis that refolution, which I have ftated to you,. Was fo folernnly made, and fo facredly fworn to in the Scotch Convention, but they refolve — " that upon the firft introduction of " any bill or motion inimical to the liberties of the people, fuch as " for landing foreign troops in Great Britain or Ireland, for fuf- " pending the habeas corpus ait, for proclaiming martial law, or " for preventing the people from meeting in focieties forConfri- " tutipnal informatipn." — What the meaning pf the term confti tutional is We can judge by this time — that uppn any exprefs ittPtiprt of this nature, " pr any other innovation ofafimilar nature, " thatpn any pf thefe emergencies the General Committee fhall " iffue fummpnfes to the delegates pf each divifipn, and alfo to *' the fecretaries of the different Societies affiliated and correfpond- " ing with this Society, forthwith to call a General Conven- " tion of the People, to be held at fuch place, and in fuch a " manner, as' fhall be fpecified in the fummpns, for the purpofe " of taking fuch meafures into their confideration:"' They omit the cafe of invafion in this publieaubn. But what is this, fuppofing npthing had paffed in Scotland of what I have ftated to you ? What I Is the legiflature, is the rule and .government in this great country reduced to this ftate, that it fliall find no protection in the adminif tration of the law of the country againft perfons, aflbciating and affiliating themfelves for the purpofes, which they declare here.' Is no motion to be made in Parliament for any purpofe, which thefe Societies chppfe to cpmprehend under the terms " any pther i'nno- . » "vation," I m ) *' vation," without explaining what it means? but what ?, but that bodies of men are to come together, claiming to themfelves 'the civil and political authority, which exifts ih the natural and phy fical qualities of the people; and then to contend that tbey have got a Convention of the People ? Now, do they Convene the People ? In fact, it will be faid, no thing like it. But they call themfelves a Convention of the People in the very terms that they ufe : the fummonfes are to go to the dele gates pf each Meeting; and alfo the Secretaries pf the different So cieties correfponding with this Society, artd iip where elfe. For what purpofe ? To call a General Convention of the People ! Then; what is the meaning of all that, taking it with its Context? It is this • from your laws — the laws of you, our plunderers, enemies, and oppreffors — we can expect no relief : we do not mean tq come to you for any : but we will watch you, and, if you dares to propofe an innovation of any fort, we fhall call a fair, free,, and full reprefentation of the people. Compofed, pray how? by delegates from our Societies, to feek, as a General Convention of the People, redrefs from our own laws. It appears to me that the reafoning upon this paper is fo whole, and entire, that it is . out of the power of human ingenuity to touchit. Then they refolve, " That a hundred thoufand copies' of th* " addrefs to, the people of Great Britain and Ireland fliall be " printed." Then they follow this up with the publication of a great many toafts ; and really, when one mentions fuch a thing as toafls in the trial of a great national caufe, fuch as this un doubtedly is, ohe is afraid of its finking into iniignificance, and yet this is a great feature in this caufe. You will find that, pre viously to one of the moft feditious meetings, which was ever held in this country, that it was thought pf importance enougH that they fliould meet once, twice, or thrice, in Committees, in Order to frame toafts, which were beft calculated to inflame their minds, and to urge thofe forward, who were already engaged in thefe projeds— " The Rights of Man;"—" The Britifh Con- " ventipii;" — " Succefe tp the arms pf Freedpm, againft whom- " foever directed " This is during the war — againft whom were the arms of Freedom directed, in the opinion of thefe per fons? You remember they faid that " the Elector of HanoVer. N 2 " rjaay ( ifo ) " may join his troops to traitors and robbers ; but the Kin^; of " Great Britain will do well to remember that this country is not "¦ Hanover: fhould he forget the diftinction, We will not." They correfponded' with the French irt October ; and in November 1792, (hey ftate to you that the principles of their refolutions ate ttitffe, upon which they meant to aft, — that Great Britain was ntow engaged in a war— which they condemned— in which . the amis of freedom, as they faid, had never been engaged? on the part of Great Britain. Then the meaning of the toaft is obvious. Another toaft was— -" The virtuous and fpirited Citizens now in " confinement for matters of opinion." Now, thefe matters of opinion are acts all done in the long tiffue and detail of a eonfpi- racy fo fubvert the monarchical government of, this country, tinder its prefent legal provifions and limitations. The name of Mr. Froft being mentioned, I mean' him no dif- Ttljpect in fayirig this — but it is to the purpofe of this bufinefs to take nptice pf it — that Gentleman was profecuted in this country fpr this doctrine — " np King, none in England, I am for liberty *" and equality every where." What was the confequence of that? The judgment of the law of England uppn him was, that he was guilty of an offence: he was punifhed: he has fuffered that punifliment, and made an atonement to the laW: but thefs Gehtlemeri, who ferft Mr. Froft with, Mr. Barlow, to ftate fucfy doctrine to France, and bring fuch doctrine back from France,., you find that they have a formal refolution that they will fuftairt this Mr. Froft in all his perfections and profecutions. Does that mean nothing ? If Mr. Froft is perfecmed for holding doc trines in the country, which were to put the King out of the fyftem, is it no evidence of intention with refpect to thofe," who engaged in fuch projects, as I have mentioned, that they do come to a refolution, in which they declare that the law, queftioning the propriety of declarations of that kind, amounts to a perfecu- tion, and that he ought to be fuftained againft it ? Gentlemen, you will hear from witneffes, who were prefent, what the proceedings on the 20th of January, and the general complexion and nature of them were. Mr. Martin being in the chair, and Mr. Hardy being prefent, who was a member of both- * " - thefe C 181 ) thefe focieties, an attending member in both of thern, I will givd ypu Martin's account of the proceeding pn the 22d pf January* 1794, in a letter in his pwnhand writing, fent tp Mawrice Mar garpt, at Edinburgh, who had advifed, yeu will recpllect, the Londpn Cprrefppnding Spciety to cpme to fome ftrong refolu- tipns — whp had urged that now is the time, that two months in Scotland would do the bufinefs, provided they did their duty in England. "My dear Sir, I dare fay you think I haye forgot you. from " my not having written to you, but you know my fentiments " fo well that it was unneceffary for me, and would probably " have been improper to fay much on the fubject- of your mif- " fion"— then he ftates fomething about private bufinefs. " We had a meeting on Monday, I was in the chair — the " news-paper gives pur numbers at 500, but we were nearer " 1500 : every thing was well cp.nducted, that is to fay regularly, " and the proceedings were tolerably bold, Mr. Hardy, I dare *' fay, has fent you a copy of the addrefs and refolution, " Your conduct receives univerfal apprpbatipn, and though I " at pne time dreaded the want pf money, yet that is npw over* " thpfe, whp opppfed the fubfcripti.on at firft, are now putting " their hands to the very bottom pf their pockets., and fwear by " God you fhall be fupported with the laft guinea — we muft have "another general meeting in a chapel, pr forne large place, <( and declare the purppfe pf a fiihfcription, and I think we fhall " get plenty of the needful for that and ot,her purpofes. Have " you read my letter tp Lord v1:1,'1 ¦"'-- do yoti incline to try the ** writ of error ? what do the Scotch lawyers think of it, and " what dp you think of the legal knowledge of my countrymen r *' I firmly believe that the law is the only fcience, of which they " know nothing. " The King went yefterday to meet his parliament"-— fo now we have gpt no parliament of ours, the people of this country-rr- " they fat till fix o'clock this morning : the papers are not out, " but I am told only twelve members were for peace : I am glad " the minifter has fo great a majority within doprs for the wan, ** and that the people have a greater majprity without doous N 3 " againft t i8* ) " againft the war : the fwinifh rogues had the impudenfee to *' write « no War" on all the doors and corners of the houfes of " Lords and Commons, and they had even the audacity to groan ?'and hifs, while his moft facred Majefty was paffing tp and " from the Houfe— nay I am told a woman, moved and feduced by " the inftigafian of the devil, and traiteroufly intending, &c. did *l in St. James's Park take off her patten, and threw it with al{ " her force at his Majefty, whereby -the glafs of the ftate coach " was broken, and his Majefty put in fear: God fave the King, *! for if, &c— as Gerald fays"— there he leaves it. " The fociety is increafing rapidly, both in fpirit and in num- S* bers, and the rich now begin to come amp'ng us, and to fit " down 'with pleafure among the h.pneft men with the leathern .?' aprons. , " I could write to ypu ftrange things, hut I know not but ?' this may be read by fomebody before it comes to your hands." Gentlemen, after this had paffed, you will find, that that let ter was written by the Correfponding Society to the Society for Conftitutional Information, which I firft mentioned to you upon the 27th of March, 1794, and now with ypur leave I will read a part'pf it to yeu again. " I am directed by the Lpndon Correfponding Society to, tranfi *l mit the following refolutions to the Society for Conftitutional *' Information." I fliould tell you firft, in the order of time, that the Society for Cpnflitutipnal Information diftinctly adopt that paper of the London Correfponding Society of the 20th of January, j 794, as their own, and prder it to be entered upon their books; they .approve of the manly fentiments of it, and they fully take it to themfelves, to all intents and purpofes, as if it had been a conjunct meeting of them both. Then, the London Correfponding Society having held this language refpecting the Convention, and uppn the 24th of January the Conftitutional Society having adopted the project pf a Convention ftated in the .addrefs pf the Lpndon Correfponding Society of the 20th, and the Nature of that Convention beings Convention from the affi liated /ocieties, tp take upon themfelves the character of A ''Con vention of the People, it would be furprifiog indeed if the Cow. yention, ( **3 ) vention, which they fpeak of on the 27th of March, fliould be a Convention of a different nature from that, which they had both agreed to on the. 20th and 24th of January — and with that obfervation I come again to this letter of the 27th of March. " I am directed by the London. Correfponding Society to *„' tranfmit the following refolutions to the Society for Cenftitu- "tional Information, and to requeft the fentiments of that fo- " ciety refpecting the important meafures which the prefent (f juiture of affairs feems to require. The London Cprref- " ponding Spciety cpnceives that the moment is arrived"—* throughout the years 1791, 1792, and 1793, they theught it was npt arrived—" when a full and explicit declaration is neceffary '* frpm all the friends pf freedpm — whether the late illegal and *' unheard of profecutions and fentences fhall determine us to " abandon our caufe, or fliall excite us to purfue a radical re- '? form, with an ardour proportioned to the magnitude of the '* object, and with a zeal as diftinguifhed on our parts, as the (f treachery of others in the fame glorious caufe is notorious. " The Society for Conftitutional Informatipn is therefore re- " quired to determine whether or np they will be ready, when " called uppn, to act in conjunction with this and other focie- w ties, to obtain a fair reprefentation of the pepple, whether they " concur with us in feeing the heceffity of a fpeedy Convention " for the purppfe ef pbtaining, in a conftitutipnal and legal me- " thed, a redrefs pf thpfe grievances, under which we at prefent; f* labpur." Npw, in the firft place, with refpect to the words " Cpnfti- " tutipnal and legal methpd," thefe perfons have npt much tp claim uppn the fcore pf the effect and force cf the wprds " Con-? KJiitutional and legal method," which appear, through all their tranfactiens pf the years 1792 and 1793, and mere particularly through the tranfactipns pf 1793, as tney aPP'y to t,ie Britiflt Cpnvention, in Scotland, to be thought confiflent with the ex iftence of a Convention of fuch a character as that had ; arid, if it was their purpofe to have a Cpnventicyr of the people, by ftim- monfes to affiliated fpcieties, that Cpnventipn to take uppn itfelf the ppwer pf the pepple, it is in vain that they talk pf legal and conftitutional methods : it is in vain, if the thing they mean to N 4 4p, v f 184 } do> and .the manner of doing it, 4$ not legal or- cpnftitutional.™ Uppn this letter, I apprehend, after what has. paffed,, there can be no doubt what is meant by a ConKen.tlQn ; but it is not left there: for in the third refolution they ftate, that " thjrc? ought *' to.be immediately A Convention of the People by delegates"— , mark the wprds— " deputed for that purppfe. from, the. different " fpcieties pf the Friends pf Freedpm affembled in the various. " parts of this nation," Then here is a Cpnventipn pf the fame character, of the fame name, and the fame conftitution, as that mentipned in the refo- ltttton. of the 20th of January, 1 794. Npw, to whom is this propofed ? It is propofed to that Conftitutional Society, which had adopted the addrefs pf the aoth pf January, 1794, anel whicfi. had alfo. faidj by approving that addrefs, 'that they were of opi- ! nic-n that redrefs was npt to be obtained by the laws of England,- but that: they were to have redrefs- againft their oppreffors,, plun derers, and enemies, by their own Iaws-nrby that fortpf reprefen tation of the pxopk, which is formed by a Cpnventipn of the Peo-s pie,, fwnmoned from thofe affociated focieties. Then what fol lows upon it? — though tfie thing is couched in phrafes, that are a little ambiguous, yet np human being, judging hpneftly, can doubt the meaning of it ; it is, that there fliall be this Conven tion, to act as a Convention pf the people, with the power of the people, having all civil and political authority. The prifoner is, fufficiently involved already, if fuch a Convention never had been thought of j but then the two Societies form a Committee. of Correfpondence and Co-operation for the purpofe of bringing together that Convention, which, they had faid was the only mean, by which Britons could enjoy their liberties, or prptec^. themfelves againft the legitimate gpvernment pf the country, ini eluding jn it their plunderers,' enemies, and oppreffors. Gentlemen,, when I lay this evidence before you, if, I flopped here, I fhould be glad to learn why this is not a ftep taken for the executipn pf fuch a purpofe as I have before ftated->-a ftep token for. conftitutjng a body, or a ftep taken towards devifing the means pf cQflftiftiting a body which, was, like the Convention, mentioned ia the fpeech pf Barrere, to fupqrfefo th? legiflature* ( **5 ) to depofe ijhe King, to fuffer him to have no exiftenpe^but what their gepd will and pleafurfii would, ..allow, him, agaiiifi the will, as the language of the indictment ftates i£, and in defiance of the authority pf the Parliament — to depofe the King-r-far, if thefe people have the fovereign ppwer, and they muft bavett)£ fove-* reign power upon their own principles-*-the King of England^ cannpt have it in the manner in which it, is vefted jn him npw. He was bpupd to refift fuch a project as this : he owed it to every good fubject in his country to refift it*— he was fworn tp do it by; the folemn pbligation of his coronation path— you cannpt there-i fore contemplate a cafe cf his acting-other wife— the King, being^ hound tp refiftance for the fecurity, of the fubject, and for the fake of obferving his oath, for the fake of continuing to reign accord ing to the terms of that oath, according to the ftatutes. agreed upon In Parliament affembled, and the laws and cuftoms pf the fame. But, gentlemen, I do npt flop here : yeu will find alfo tha* there was a meeting at Chalk Farm, the particulars cf which E will npt ftate further than to fay that, when they are readj yoi|, will fee that that meeting at Chalk Farm was a ftep taken in the! further profeeutien pf the functions pf that cpmmittee of ce- operatipn-r-that it was a meafure taken for the exprefs. purpofe pf trying the temper of the pepple, of feeing what' they could doj by numbers. Tfiat meeting was held in April J 794, and it is very remarkable that it appears that there were meetings in other parts of this kingdom, more particularly it appears from a letter, found in the poffeflion of this prifoner, that, as there was a meet ing in the open air at Chalk Farm, fo there were meetings elfe- where— -it required vigilante— -it required the interpofitipn of fome ftrong hand, by Parliament or otherwife, to preferve you in the fituation in which you npw ate : if it be the will of thefe per fons that you fliall not remain in it, it is at leaft the duty of thofe, who are to watch over the country as long as it can exift, that it, fliall not be deftroyed by any fault of their's : but you will find there were Meetings in the open air* at Leeds, Wakefield, Hud dersfield, Bradford,' Birftal,' and at variousotherplac.es. This project of a Cpnventipn had been cpmmunicated to many parts pf the country, and too man^ of them had afiented to it; npt ohly J aJTentecj ( 1 86 } aflented to it, but it will be proved; that the prifoner fent a cir cular letter to the remoteft parts of this kingdom, (which I will now read) forthe purpofe of affembling this Convention, for the purpofe of carrying into effect the project of this Britifh Conven tion, the body of which had been diflipated, but which was ftill carrying on its purpofes by meafures precifely the fame as thofe which had exifted in this part pf the ifland. Ypu will find that the prifoner writes this circular letter to all thofe focietie's, and the addfeffihg this circular letter to all the fo cieties, fhews that the Cpnvention that was to be called was not to be a Conventiprt of the people at large, but a Convention of delegates fummoned from thofe focieties, to ufurp the character of " a Convention of the People." " The critical moment is "arrived" — mark the difference of language ; in 1793 the time is not yet come, men are not virtuws nor courageous enough; in 1792 they expected nothing from Parliament; in 1793 they m^«#- ed every thing from the focieties in due time, and now they ajftri that the due time is come, that the fulnefs of time is come-rru thecri- "¦ tical moment is arrived, and Britons muft either affert with '.' zeal and firmnefs their claims to liberty, or yield without re- *' fiftanee. to the chains that minifterial ufurpatipn is forging for " them. .Will you coroperate with us in the only peaceable mea- " fure"— ;a very peaceable meafure a Convention pf this fortl-y* *' that now prefents itfelf with any profpect of fuccefs? We need " not intimate to you that, notwithftanding the unparalleled auda*. " city of a corrupt and overbearing faction"— rNow this cor rupt and over-bearing faction is the King, Lprds and Cpmmons of Great Britain—" which at prefent tramples on the rights, and " liberties of the people; our meetings cannot in England bt " interrupted without the previous adoption of a CpnveRtiflri "bill." A Cpnvention bill !— this (hews the reafon for: their refolutions in Scotlandvabout permanent fittings, and the meeting pf another Britifh Conventipn, and for their language,,, which they held upon the 2Cth pf January 1794; " a meafure, .it is " pur duty to anticipate"- — mark thefe words—" our duty " to anticipate, that the ties pf unfon may be mpre firmly ** drawn, and the fentiments and views of the different focieties f* throughout the nation be ccmpared"— -What was their, pbject ( i«7 ) in this circular letter ? If,- when the Britifh Convention ia Edinburgh fat, there had been a motion for a Convention bill in the parliament of Great Britain^ why their object was then we perceive that of being ready at an hour's warning; communi cating in all parts of the kingdom to their delegates that folemn refolution, which had been made in the Britifh Convention upon the 6th of November, they were inftantly, before the project of fuch a bill could in parliament ripen out of notice of a motion into a bill once read, to be affembled in Edinburgh to prevent any fuch bill palling ; they folemnly vowed to each other, hand in hand, and ftanding up, to give the greater folemnity to the declaration, " that the moment fuch a bill as that was introduced *' into Parliament, they would refift it at the hazard of their " lives." Then what did they mean in this circular letter ? they meant that, while as yet the bare expectation of a Convention bill might exift, while, as yet, no notice of fuch a motien was given or heard of in Parliament — that it "was their duty to anticipate what Parliament might poflibly think of. How to1 anticipate itr —to anticipate it by means of a Convention affuming the cha racter of a Britifh Cpnvention of the People,, but delegated from thefe focieties, to fit not at Edinburgh, but to fit at a place, as you will find, which they durft not name, and for the pukpofe of conducting this project with more fecurity, as you find by this fetter, to fit at a place, that was to be kept fecret, in order that the purpofe might not be difappointed. " A meafure," they proceed fpeaking of a Convention bill, " it js pur duty to anticipate, that ?' the ties pf union may be more firmly drawn, and the fentiments 1' and views of the different -focieties throughout the nation be " compared, whife it is yet in our power, fo as to guide and di- " rect the futupe operatipns of the friends of freedom, Roufe fl then to one exertion more, and let us fhew our confcioufnefs of fl this important, truth ; if we are to be beaten dpwn with threat?, ?' profecutions, and illegal fentences, we are unworthy ; we are " incapable of liberty \ we muft, however, be expeditious; Hef- *' fians and Auftrians" — here is the idea that came from Scotland again—" are already among us, and if we tamely fubmit, a "cloud of thefe armed' barbarians may fhprtly be poured in ff upon ws.,? The The introduction of fick men ipto this country fqo the hu mane purpofe of giving them that air, which they could not obtain while on board a fhip, is made the pretext of this letter for ftating that " Heflians and Auftrians are already among us, and, ?' if we tamely fuhmit, a cloud pf thefe armed barbarian? may be .*' pouted in upon us. Let us form then another Britifh- Conven- " tion." What was that Conveotipn ? they exprefsly ftaje it to be a Cpn-ve-nfion of the people,- and a Cpnventipn, which is to af- fume , controlling powers over the legiflature. " We have a ft central fituation in ©ur view, which we believe wpuld be moft M convenient for the whole ifland, but which we forbear to *f mention (entreating your confidence in this particular) till we '(.' have the anfwer of" — whom? — " pf the Societies, with which V we are in correfpondence. " What, is that a Cpnventipn' of the Pepple ? pr pf the Spcieties affuming the character of a Con- ventipn pf the Pepple ? " Let us have your anfwer then." Now, • giy£ me leave to obferve how nearly this project was to being carried into effect — " Let us have your anfwer then by the •f ' 20th at fartheft, earlier, if poflible, whether you approve of " the, meafure, and how many delegates you can fend, with the, " number alfo, if poflible, of ypur Spcieties." Gentlemen, this will be proved to ypu to have travelled as, far' as Strathaven, to have been received there, and delegates to have been appointed in confequence of the felicitation," and then, as in the Britifh Cpnventipn, in the month pf November 1793; this great project of calling together a body, which was to put an end finally to the exiftence of Parliament, was to be conducted ' by a Secret Committee ; becaufe its operations, its affembling, and the means which were to be taken for it, could not be com mitted to numbers, a Secret Committee was then appointed. This letter ends—" for the management of this bufinefs we have f appointed a Secret Committee: you wfll judge how" far it is. f neceflary for you to do the fame," Gentlemen, the next proceedings were at Chalk F^irm,. In thefe proceedings, it appears, they had feted t°,fhe Society catted H Tfje Friends qf. thg People" this naeafiire of a^ Cpnvientlen,; to '( i89 ) that meafure the Friends of the People rfefufed to agree in. Yoa Will find that, refuting to agree in that meafure, at the meeting at Chalk Farm, when it Was ftated 'that the Society of the Friends of the People would not agree in it^rtdeed, agree in it they could not— '-you will find what was the reception," which the communication of that information met with— art univerfal groan frofn a large body of men, amounting, I believe, to a couple of thoufand there affembled. Gentlemen, this Committee. of Correfpondence and Co-oper- , ation, ypu will find, met ; ypu will find that there is in the hand writing pf the prifoner, in a very fhort note, an account of what Was done when they met ; that one of the firft fteps towards the accomplifhment of their purpofes, was a communication of the correfpondences of the Country Societies to thofej who were to be the delegates of the Conftitutional Society ; but the meeting was broke up by the apprehen-fion of the prifoner and others, which has led, as I before ftated, to this prpfecutipn. Gentlemen, I have before told you that I conceived it was com petent for me, as indeed I apprehend without queftion it is, after proving the confpiracy, to fhew the conduct of the perfons, who Were parties in that confpiracy, in furtherance of the confpiracy, when it is proved. You will find that, one of the perfons, who attended the meeting of the 20th of January 1794, and who was a very active member of the London Correfponding Society, and likewife one of the Committee of Correfpondence and Co-opera tion, which I have alluded to as the final act of this bufinefs. He gives himfelf this account of the tranfactions of the' 20th of January 1794, and of other circumftances : this is Mr. Thelwall. " It is .with infinite fatisfaction that at laft I received a letter " from you ; it was brought this morning by Citizen Lee; and " has been delayed, I underftand, this fortnight at Rotherhithe " by fome accident. " I am too Well acquainted with mankind to be furprifed, too " much of a pliilofopher to be angry at the abufe and mifrepre- " fentation of miftaken men ; but I fliall endeavour, as I wifli " to ( 190 ) " to preferve the good opinion of a man whom I remember with " efteem, to fend ypufuch printed dccuments as will prove to " you, that, inftead pf having deferted the caufe pf liberty, I " have redpubled my zeal, and that there is npt at this time in "England a man that goes bplder lengths, arid expofes himfelf " to more danger, in the caufe of liberty, than myfelf. I have " been for four or five months paft almoft the fole labourer upon " whom the fatigue, the danger, and the exertions of the Lonr " don Correfponding Societies, the only avowed Sans Culottes " in the metropolis, have refled, and have been otherwife fo " active in the caufe as fearcelv to have paffed a week without " threats and cpnfpiracies from the gpvernment and its purblind " adherents. Ever fince the fampus or infampus, call it which "yeu will, proclamation of November 1792, I have been fre- " quenting all public meetings where anything could be done " or expected, have been urging and Simulating high and low', " and endeavouring to rally and encourage the friends of free- " dom. I have been conftantly facrificing intereft and fecurity, " offending every perfonally advantageous connection, till Mi- " niflerialifts, Oppofitionifts, and Moderees, hate me with equal " cordiality, and, if I may judge by their conduct, fear me as " much as they hate. " For thefe four months, I have been giving political lectures " and printing, and appropriating' the whole receipts, till the laft " fortnight, to. the fupport of our delegates to the Britifh Con- 4t vention ; for tbe hiftpry of which I muft refer you to Citizen " Talbot, whpm I have npt feen, but whpm I hppe to fee be- " fore he leaves England." > He then gives an accpunt pf the meetings I have been ftating to ypu, and pf his lectures ; then he fays — >^- " Adieu. I will collect together what pplitical papers I can, " to fend to you when I can find letfure. Do write to me ; let " me know fomething about the ftate of politics and fociety in " America. I fear you are fomewhat fliort of the true Sans Cu- " lotte liberty ; that you have top much veneration for property, 'f too much religipn, and top much law." " I fear ( i9» ) *' I fear you are fomewhat fhort of the trae Sans Culotte"!!- *' berty." Now, that is, that you have too much veneration for property, too much religion, and too much law. Gentlemen, having now gone through the written evidence, I am to ftate to you fome other circumftances. I have not indeed ftated all the written evidence, becaufe you will have written evidence laid before you of flimulations, under fingular pretexts, to thefe Societies, to arm themfelves. You will find, for inftance, that if a debate happened in that Parliament, where they meant hereafter to fuffer no debate, about the Heffians and Hanoverians, they circulated among them papers, and it will be brought home to thofe, with refpect to whom it is ftated to this effect — " The Ins tell us we are in danger of invafion from " the French ; the Outs tell us that we are in danger from the " Heffians and Hanoverians : in either cafe, we fhould arm our- " felves. Get arms, and learn how to ufe them." You will likewife find, upon this part of the cafe, that, after the difperfion of the Britifh Convention in Edinburgh, after it was feen that the law of this country was ftrong enough to beat down a confpiracy of that kind, acting by their mere naked numbers, that it became then, in their opinion, neceffary to the accomplifhment of their purpofe, to act with arms, Now, Gentlemen, where a general confpiracy of this fort, among affiliated Societies, exifted in Scotland, Sheffield, Nor wich, Manchefter, and Various parts of the kingdom, all aiming at the fame end, all acting upon the fame principle, all involved in the fame project of having a Convention from the different parts of the united kingdoms, it is natural that they fliould think of arms : but, if the confpiracy did not exift, it would feem a very odd thing that it fliould happen in fact that, in thefe different parts of the kingdom, in Scptland, in Sheffield, and in London, we fliould find perfons preparing arms of a fort, and pf a deno mination,'" which of late years we have not heard of in this coun try, except as exifting in France, and except as ftated. in a letter I from France, which I have read to you. But, But, Geft'tiemeh, you will find, fr«m the evidence f ha've ,tb e'ffer, and indeed it is not futprifrng that you 'mould fo find—: after I fhall tell you, that in the pocket of one of th'e parties in< this confpiracy, and diftributed alfo in divifions in the Lon don Correfponding Society, were papers, importing that upon the ift pf April, 1794, was to be performed* " the Guillotine,-, " pr Geprge's head in a bafket ;" papers in which the facred perfon of the King is fo fpoken of, and in which all orders of men, under ludicrous reprefentatipns of them to their country, were doomed to lamp irons, . and to fufpenfion ; after I fliall tell you, that I am inftructed that Mr. Thelwall could, when re tiring from Chalk Farm, take a pot of porter in his handy. with a knife take off the head, and fay, " thus I would ferve " all Kings ;" if you fhould find fuch language ufed, I am per- fuaded you will not be furprifed to find pikes in the hands of- thefe men, and their affociates --to find mufkets in the hands of thefe men and their affociates. Do not, Gentlemen, let us be miffed by the great dbctrine of the Bill of Rights, that every ,, mart has a right to arms for his own protection — he has with out queftion a right to convenient arms for his own defence ; but the point before a Jury will be, for what purpofe had he the arms ? If he attempts to fay, that he had them for his own' defence — if he had them in fact for a worfe purpofe, the attempt to colour the fact makes the fact more criminal. Gentlemen of the Jury, you will find that Mr. Yorke, in the month of November,. 1 793, will be proved to have been atone of tlie divifions pf the Lpndpn Cprrefppnding Spciety, ftating, that, he was gping ampng the fens of liberty into Belgium, to bring into this country the true friends of liberty. Ypu will find that he was a member pf the Lpndpn Cprrefponding Society, and conftituted a delegate pf the Cpnftitutipnal Society to Scotland ; that he has been propagating at Sheffield the fame doctrine, as, his brother affociates were propagating in London ; that he was, there directing the form, in which pikes fhould be made, to perfons, whp were to make fuch inftruments ; that the perfons at Sheffield ( i«3 ) Slieffield enter into a correfpondence with the prifoner at the fear; that they inform him that thefe pikes are made; that he delivers the direction to perfons of the Correfponding Society, in order that they may furnifh themfelves with thefe inftru ments ; and that they were to be furniflied from Sheffield to a place here, I think, the Parrot, in Green Arbour-alley, or fome other place in this town ; and that, if the apprehenfion of thefe perfons here, and at Sheffield, had not put an end to the further execution of the project, there would have been a. large importation of thefe pikes into this part of the kingdom. Gentlemen, you will find that this idea of arms was carried further; you will find that, for the ufe of this fociety, a plate with figures, fhewing the manner of learning the military/exer- cife, was engraved by a Mr. Worfhip, a member of this fociety. You will find that there was a Military Society in LaniBetfr, and another in Turhftile, Holborn; they were fmall in their beginnings, I admit ; but thefe things muft be fo in 'their 'be ginnings ; and you will find, that the prifoner at the bar gave to a witnefs of the name pf Edwards, a direction of whom to ob tain pikes at Sheffield. Mr. Williams, anpther witnefs, who will be called to you, who is a gun engraver in;the tower, made mufquets for the ufe of thefe focieties in Lambeth, and in Turnftile, with an exprefs proteft that he mould notbecome cm- ployed, unlefs he himfelf became a member pf the Spcieties. You will find accprdingly that he did become a member of theni. You will find that they drilled at particular places. Gentlemen, I give you this outline of this part bf the evidence, becaufe I do not wifh to enter more into the particulars, than to give you a general impreflien pf the nature pf the cafe, which I have to" lay before ypu. Ypu will likewife fee, what is natural enough to happen, When you find in the book of the Society for Coriftitutional, In formation, that Mr. Home Tooke could think of giving notice, that he would move " that two books fhouldbe opened, one bf O « them ( J9+ ) " the.m (bound in black) in which fhould be entered all the ?' enormities of thofe, who deferve . the cenfure ; and in the "pther, the merits pf thpfe, who deferve the - gratitude of the " fociety." Ypu will npt be furprifed, if ypu fhould find perfons in thefe affiliated focieties, of lower defcriptions, holding conyerfations about feizing the mpft auguft perfons in the nation ; if you fliould hear cf their helding converfatipns about the- fitua tion pf perfons in the Hpufe pf Cpmmpns, and the meaps, by which they cpuld knpw their perfons. Upon the whple, Gentlemen of the Jury, I fliall now lay the teftimpny before ypu, fubmitting this written evidence te you, calling witneffes, abpve all exceptipn, tp a great part pf the cafe 5 calling fome witneffes, whpm I npw avpw to ypu, ypu will find, were perfons emplpyed by Gpvernment tp watch pver the pro ceedings of thefe Spcieties, and whp therefore became informedi in cpnfequence pf fuch empfoyment, pf fome'pf their tranfac- tipns ; and Gpvernment wpuld have been wanting to itfelf, and wpuld have been wanting to a degree pf criminality, which 119 man can defcribe, if this cpuntry had at this mpment been in the ftate, in which it wpuld have been, if thefe pikes had been brought into actual exertipn, At Sheffield, indeed, I am told they had gpt to the length ef forming iron inftruments, which were to difable hprfe, which they called Night-cats, and which wpuld immediately infett themfelves into the hppfs pf hprfes feet. I fay, if, with thefe projects gp'mg pn in the cpuntry, a Secretary pf State, Pr any other perfon in the Executive Government, had hefitated a mo ment to procure informatipn, thefe parties might have been able to put into executipn the projects they were meditating, and he wpuid have been anfwerable for it. Gentlemen, it is the great province pf a Britifh Jury, and Gpd forbid thefe prifoners fhould npt have the benefit pf the reflectipn, that Britifh Juries are able to protect us all— are able ( 195 ) -to fift the characters of witneffes — to determine what credit is due to them — lifterimg to men of good character without any impreffion againft their evidence — liftening to men, fuch as I have ftated, with a ftrohg impreffipn againft their evidence ; that impreffipii, hpwever, to be beat down by the concurrent unfufpicious teftimotiy arifing out of the reft of the cafe, if, upon the whole, you fliould find the cafe to be made out as I have ftated it to ypu. Gentlemen, I forgot to mention to you, that you will likewife find, about the time that this Convention was talked of, that there was a' new conftitution framed for the Correfponding Society, in , which they fpeak ,of a Royalift as an enemy to the liberties of his country — of a Demoerate, as a friend to the liberties of his coun try ; and you will find, that, in a conftitution again revifed, the whole was thrown into a fcheme, and into a fyftem, which was to add phyfical ftrength to the purpofes of that Convention, which was, I fubmit to you, to affume all civil and political au thority. If you find all thefe things, and, if under the direction of that wifdom that prefides here, with refpect to which, Gentlemen, let me fay again, that the fituation of this country is indeed re duced to a moft miferable one, if the refpect, which is due to the adminiftratipn pf the law, is fuffered to be weakened in anv manner, if the refpect, which is due to the adminiftratipn of the law, that adminiftration, which perhaps is the beft feature of the conftitution, under which we live, is deftroyed, miferable indeed muft be the fituatipn pf ypur cpuntry I If vpu find under that directipn that the cafe, being proved in fact, is alfo made out in law, you will dp that on behalf of the public which is ' due to Yourfelves, tp the Puhlic, to your Pofterity, and theirs. But on the other hand, if, after hearing this ,cafe fully ftated, and attempted to be fully proved, ypu flipuld be pf opinion that it is pot proved, or you fhould be finally of opinion that the offence is «pt ( 19° ) not made out, according to the hallowed interpretation of the ftatute of Edward III. ; I fay then, in the conclufion, I join, from my heart, in the prayer which the law makes on behalf of the prifoner, Gpd fend the prifoner a fafe deliverance ! EVIDENCE ( 19? ) EVIDENCE FOR THE CROWN; Mr. Thohias Maclean. (Sworn:) Ekamifted by Mr-. Bower » Q WHAT are you ? A. One of his Majefty's Meffengers. £K Did you at any time go to th'e hdufe of a Mri Daniel Adams ? A. I did. £>. When did you gb to -Mt.1 Adams's houfe ? A. On the ifcri of May laft. j^>. Did you feizg any books or paper's there ? A. Both books and papers. j^>. What did you do with them ? - A. I kept them in my own poffeffiori fill I had marked them' all. £h Look at this letter, figned T. Hardy, and tell me whe ther it is one of the papers you feized hi Mr. Adams's ftoufe ? A. It is> Alexander Grant. [Sworn.) Examined By Mr. Bower. £>. Do yoUwknoW the prifoner at the \ak4 Thomas 'Hardy ? A. Yes. gK Have you ever feen him Write ? A. I have feen hite write. 4J. Do you know his hand-writing ? Jt> Yes, §>. Look at that letter, and tell me whether you feelfeve it to be the prifoner's hand-writing ? A. I never faw this letter, fo I cannot fay. £>. Do you or not believe it to be his hana-writing ? " A, I cannot take my oath to it. P $,! ,( }9* ) £>. lam npt afking ybu to 'fay certainly, but according to the beft pf your belief is that his hand-writing ? A. I cannpt take upon me to fwear that it is his hand-writing. £{. You are not afked to fwear that it is his hand-writing, but whether you believe it to be his hand-writing ? A. I believe it to be his hand, but I cannot fwear it. [ The letter read. ] " To the Secretary of the Spciety for Cpnftitutipnal Informatipn. " March 27, 1794. " Citizen, •-¦*' I am directed by the Lpndon Correfponding Society to " tranfmit the following refolutions to the Society for Cpnftitu- " tipnal Informatipn, and to requeft the fentiments pf that Sp- " ciety refpecting the impprtant meafures which the prefent " juncture pf affairs feems to require. The London Corref- " ponding Society conceives that the moment is arrived when a " full and explicit declaration is neceffary from all the friends of " freedom, whether the late illegal and unheard of profecutions i" and fentences fliall determine us to abandon our caufe, or " fliall excite us to purfue a radical reform with an ardour pro- ". portioned to the magnitude of the object, and with a zeal as , " diftinguifhed on our parts as the treachery of others in the fame " gloripus caufe is nptoripus ; the Society for Conftitutional Infor- " matipn is therefore required to determine whether or no they " will be ready, when called upon, to act in conjunction with " this and other Societies, to obtain a fair reprefentation of the * people ; whether they concur with us in feeing the neceffifypf a " fpeedy Convention, for the purppfe of obtaining,- in a con- " ftitutional and legal method, a redrefs of thofe grievances " under which we at prefent labour, and which can only be " effectually rempved by^a full and fair reprefentatipn pf the " people of Great Britain. The Lpndpn Correfponding Society " cannot but remind their friends, that the prefent crifis de- " mands all the prudence, unanimity, and vigour, that ever was '.* or can be exerted by men- and Britons ; nor do they doubt " but that manly firmnefs and confiftehCy will finally, and,tbey " believe, ( 1*99 ) *' believe, fhortly terminate . in the full accornplifliment of all " their wiflies. " I am, fellow Citizen, (in my humble meafure) " A Friend to the Rights of Man,, " T. Hardy, Secretary." " Refolved unanimoufly, i. That, dear as juftice and " liberty are to Britons, yet the value of them is comparatively " fmall without a dependence on their permanency, and there " can be no fecurity for the continuance of any right but in • " equal laws. " 2. That equal laws can never be expected but by a full " and fair reprefentation of the people ; to obtain which, in the *' way pointed out by the Conftitution, has been and is the fole " object of this Society ; for this we are ready to hazard every " thing, and never but With our lives will we reliriquifh an ob- " ject which involves the happinefs, or even the political exift- " ence, of ourfelves and pofterity. " 3.. That it is the decided opinion of this Society, that " to fecure ourfelves from future illegal and fcandalous profecu- " tions ; to prevent a repetition of wicked and unjuft fentences, " and to recal thofe wife and wholefome laws that have been " wrefted from us, and of which fcarcely a veftige remains, " there ought to be immediately a Convention of the People, " by Delegates deputed for that purpofe from the different So- " cieties of the Friends of Freedom, affembled' in the various " parts of this nation, and we pledge ourfelves to the public to " purfue every legal method fpeedily to accomplifh fo defirable " a purpofe. " Poftfcript. I have to inform you, that a General Meet- " ing of the Society will be holden on Monday the 14th of " April, the place to be announced by public advertifement." Mr. John Gurnell. [Sworn.) Examined by Mr. Bower. *!>. You are, I believe, one of his Majefty's meffengers ? A. Yes. P 2 " %. Did i^. Die! you at any time, arid when, go' 'to the ftbufe of Mr* Hardy? A l went with a warrant from the Secretary cf State pn the 1 2th of May iri the morning. 4>. Di « Surely ( . 214- ) " Surely not ! — Let us rather unite in one common caufe, t» " eaft away, our bondage; heing affured, that in fo doing, wc " are protected by a jury pf our cpuntrymen,while we are dif- " charging a duty to purfelves, to our cpuntry, and to man- « kind. " Ordered, That the Secretary of the fociety, do tranfmit " copies of the above to all the focieties in the nation, engaged " in the fame caufe, " London, May 24, 1792." " Addrefs from the London Correfponding Society, to the Inha-. " bitants of Great-Britain, on the fubject of a Parliamentary, " Reform. " FellqW-Citizens, " Of every rank and of every fituation in life, rich, poor, K high or low ; we addrefs you all as pur brethren, on a fubject " of the higheft importance, and moft intimately connected with- " the welfare of every individual Who deems Liberty a blelfing, " Whd partakes in the profperity of his country, and Who wifhes " to tranfmit as much of either as he ppffibly can, to ppfterity. " Uninfluenced , by party pjque or felfifh motives — np ways " affrighted at the frowrjs of power— r^not in the leaft awed by; ", the evidently hoftile preparations of a much alarmed Arifto- " craey, we, the London Correfponding Society, united with a " view of obtaining a Thorough Parliamentary Reform, li anxioufly demand your fericjus and moft collected, attention to, »' the prefent vitiated ftate of the Britifh Government, we, " entreat you to examine coolly and impartially the numerous" *' -abufes that prevail therein, their deftructive confequences on, " the pqor, and their evil tendency on all ; as alfo the rapidity with f( which thefe abufes encreafe both in number and magnitude. " We next fubmit tp ypur examination au effectual mode of !' putting a flop to them^ and of thereby refforing to our no lefs ,*' bpafted than impaired Conftitution, its priftine vigour ancj *' purity; and we thereunto warmly foficit the junction, of your/ ¦"' efforts with ours, ¦. . " This great end however we believe attainable, folely, by ** tlie whole natipn deeply impreffed with a, fenfe of its wrongs, . 5 V uniting, I **i5 ) & uniting, and as it were with one Voice demanding of" thofe to ** whom for awhile it has entrufted its Sovereignty, a reftoration K of, annually elected Parliaments, unbiassed and " unbought Elections, and An equal Representation « of the Whole Body of the People. " Leaving to the enemies of Freedom, all violent, tumultuous, *' and unconftitutional proceedings, we invite you to peaceful, " well-regulated, and neighbourly meetings, wherein induftrious K worthy -Citizens may as hOneft men, as good patriots, in a K reafonable and fenflble manner, laying afide prejudice, ferioufly tc and e'arneftly take into confideration their rights, and the wel- " fare of the prefent and fucceeding generations. " As men can never barter away the rights of their pofterity— ,c as encroachments on Liberty or Property ceafe not tp be « grievances from their being cuftomary and of long-ftanding— " and as a grievance is not the lefs felt for being denied by thofe , *' whp caufe it — feeling grievance's enormous, feeing our ** Liberties encroached upon and endeavoured to be entirely pur- w Joined from us — as alfo that pur plaints are derided by Go- " vernment, and purfelves unlawfully menaced by thefe in ppwer, u we call uppn you all, Britons, to remember your privileges as 44 fuch, and to affert your rights as men — tp pay all proper regard " to your native freedom ; and to confider that, being the pro- " perty of no mart, nor of any fet of men, it is highly difgraceful 44 for you to fuffer yourfelves any longer to be thus enflaved and " difpofed of as cattle in a fair, as irrational beafts in a market, " to the hiojieft bidder. " Laying afide all pretenfions to originality, we claim no other "merit than that of reconfidering and verifying what has already " been urged in "our common caufe by the Duke pf Richmond, " Mr. Pitt, arid their then Honeft Party, years back, now differing; " from them, we fupport with candour apd zeal (thereby proving "ourfelves no courtiers) the banner of truth already difplayed ** againft the oppreffors of mankind, and we take a pride in ac- " knowledging ourfelves a part pf that ufeful clafs pf citizens " whidj placemen' (penfipned with the extorted produce of pur " daily labour) and proud nobility wallowing in riches, (acquired K fumehow) "afT%ct''to tre"at with'a contempt Igq degrading for " " *0^2 " human, * { *2l6 ) rt human nature to bear, unlefs reconciled to it by- the reflection «' that, though their inferiors in rank and fortune, we equal them *' in talents, arid excel them in hpnefty. « Still, friends and fellow citizens, ppffeffecl pf feuls far fu- * perior to the eyil fpirit influeiicing thefe oppreffprs, thefe de- " bafers of mankind ; inftead of hating, we contemn them ; and *? our mptiye is npt vengeance, but redrefs. " A Cpnftitution we are faid to poffefs, we are willing to be- " lieve it — if good, it allows redrefs to a complaining people — if "¦ excellent, as marly affert, it muft naturally point out the means "thereof. Let it therefore be publicly and carefully exattiined — " if it is really what it ought to be, it cannpt be too well knpwn ; " if faulty, it cannpt be top foon amended ; nor can that be done " by a more competent judge than the thus cpllected fenfe pf the " whole natipn. " It is the right pf every individual tp be well acquainted with " the laws that hind him ! But how is the peafant, the mechanic, " the manufacturer, to obtain that neceflary knowledge; his rime " fully employed in labouring hard to provide a fcanty meal for " his family, and in earning" wherewith to fatisfy the frequent "'and peremptory demands of furly tax-gatherers, he has no ff leifure for fuch" intricate political refearches ; and even was he, " by ftealiitg that leifure from his labour or his fleep, to acquire «, the defired infight — ftill with fpirits depreffed- by his fuffering, " with fears encreafcd by the clamorous threats of the penfioned " all-devouring loeufls in office, the fore pppreffed fubject feels " the remedy to be far put pf his reach, and dreads the cpnfequence " of being even fuppofed to know how greatly he is wronged.— " Such being the forlorn fituation of three fourths of the nation, " how are Britons to obtain informatipn and redrefs ? Will the " ceurt, will miniftry, afford either ? Will parliament grant " them ? Will the nobles or the clergy eafe tlie people's fuffer- " ing ? No. Experience tells us, and proclamations confirm it, " that the intereft and the intention pf ppwer are combined to " keep the nation in torpid ignorance ! " The only refource then, friends and feflpw citizens,; will be "found in thofe focieties which, inftituted with a view to "the « public good, promote a general initrucrjoa of our rights as *' pen, { *V1 } * men, expofe the abufes of thofe in power, and point out ihe a only conftitutional, the only effectual means of forwarding •*' a public inveftigation, and obtaining a complete redrefe for ** a people in whofe credulous good nature originated their pre- " fent difficulties, « We will not hurt your feelings by a miniate detail Ksf our u common grievances ; you cannot be ignorant, friends and fel- u low fufferers, how generally power, place, penfion, and title, tt are the rewards of men whofe fervices to the court have been of * the greateft prejudice to the -country. You painfully feel the ** confequences ; encreafed taxes, a great part of which are iao§t "- vilely fquandered j a heavy national debt, begun with a defiga *' of forming a powerful and monied court-party ; continued wish " nearly the feme view, unto its prefent enormous bulk, and from " its commencement militating againft our liberties I Too yifible *' are the numerous encroachments on our rights, too •comimaa " the infolence of office, the venality of magistracy, the perverfiaa *t of the laws, the letting loofe the military on every occafion, and *' thofe occafions eagerly fought The fubjects' cemplaints -de- " rided — the one part of the nation turned into fpies and in- " formers againft the other — the — hut wherefore more ? Is here " not enough to prove beyond a doubt, that while we boaft the a beft conftitution, the mildeft laws, the freeft government, we " .are in fact flaves J "Yet, fellow citizens ! numerous as are our grievances, and " clofe rjvetted as weighty to the fhackles on our freedom ; re- ** fprm one alone, and the others will all difappear. If we once " regain an annually elected parliament, and that parliament ta ** be fairly chofen by all, the people will again fhare in the " gpvernment of their country, and their then unbought, unbiaffed ".fuffrages rnuft undoubtedly felect a majority of hpneft jnem- *' bers, while, the very few unfound pnes, that may accidenfaaUy " obtain feats, will, from the confideration pf their annual de- " pendance en the pepple, think it highly advifkble to continue the " difguife that procured them their election, and at leaft wear " tbe rojafk of honefty — a maflc neither at all times neceflary, not " at all times worn, in a feptennial parliament. «Let ( *2l8 ) " Let no rnari imagine himfelf unconcerned in the propofed re- *' form — Let no one think fo meanly of his fituation or abilities,' " as to fuppofe his coming forward will be of no fervice to the " caufe of liberty I Numbers, union and perfeverance muft in " the end be crowned with fuccefs, while compared with the " fmall efforts of each individual affociating and thereby counte- K nancin " mined on a friendly addrefs to the French National Conven- " tion. We hope the concurrence of many focieties. Annexed " you have a copy of it, and if the different affiliated Societies " in ypur neighbpurhppd will join us in tranfmitting that mark " pf pur approbatipn tp the French, it will pnly be neceflary for " ypu with aU fpeed to return us a copy of the addrefs figned by " the Prefident and Secretary, pr by the delegates, ftating the, " number, pf perfons for whpm they fign. " I am, Sir, " Fpr the Cpmmittee pf the " Lpndon Correfponding Society, " Your very humble fervarit, " London, nth Oct. 1792. " M,M. Ch." ** To the Revolution Society at Norwich." * ' " > "Derby Society for Political Information. "Mr. 5. Eyre. " Sir, , London, icyth Octr. 1792. "With pleafure we acknowledge your favour of the 16th in- " ftant, and return you our thanks for the papers fent us ; as alfo " for thofe from the New Society at Nottingham, to whom wc " wifh you would communicate this and the inclofed addrefs, " which our Society, joined by fome others, intend to prefent to " the French National Affembly; we cordially invite your So- " ciety, and that at Nottingham, to concur with us alfo in the " fame ; which, if you do, we defire you will fend us back a " copy, figned by the Prefident and Secretary of each Society, " and, at the fame time, ftate the number of members yOu re- " fpectively fign for, as the greater the number, the greater will the " effect be. tl. Our hopes are as fanguine as yours, and, perhaps, Pur num. ct bers increafe as fall : reafon and gppd prder muft make us in- " vincible. I am, Sir, fpr the Lpndpn Correfponding Society, ?'. Yours, Sec. "M. M. Ch.' f Pleafe tp let us have your decifion as foon as poflible." " Sir, 'I 222 )' "Sir, London, Oct. 18, 1792. "The London Correfponding Society learn' with pleafure, " that the Society for Conftitutional Ihformation approve of the " fpirit of our addrefs: but, to come back to- the point, we ima- " gine that as ypu previoufly had approved the meafure, and that " now you approve (he fpirit of the addrefs itfelf, we may with " propriety afk you, whether. you will concur with us in fending " that addrefs, or whether you will draw up another, better fuited " to the prefent circumftances, and permit us to join you in " tranfmitting it to the French National Convention. " D. Adams', Sec. to the Conftitutional Society." *' Mr. Secretary, " Sir, Norwich, Nov. nth, 1793. "We, the Society for Political Information, are* defirous pf " holding, and ftrenupufly fuppprting tbe noble fentiments which " you fo lately and friendly difperfed among us; and,'as we fo " much admire your well adapted plan for a reformation in the " ftate, permit us, with the utmoft deference to your worthy " Society, to participate with you in all your great national cor- " refpondence, which your very name prpmifes to maintain ; and, " in confequence thereof, it is humbly defired by the Society " which I have the happinefs to reprefent, to incorporate three " members with your worthy fraternity ; in doing which, I fhall " her* inform you of their names arid relidence, which are as fol- " lows : Mr. Ifaac Saint, at the Weaver's Arms, St. AuguftinF, " Norwich ; Mr. Anthony Caddwpuld, cordwainer, near the " Globe, ditto ; George Knapp, near ditto. Our principal de- " fign, Sir, in doing this, is, that we may have an opportunity of " knowing more exactly what may be thpught the moft eligible " fteps to be taken in carrying. on this great bufinefs of our affo- " ciated. brethren, and to have an opportunity to afk fuch fort of " queftions as may be thought very reafonable among the bre- " thren, efpecially when we think that publications are covered 'f with a fort of obfeurity iaits language, as the Sheffield people's " declaration, which feemed determined to fupport the Duke of " Richmond's " Richmond's plan only; but fince we find, .in a printed letter " received- from them in a book, that they mean tp abide by fome " moderate reform, as may hereafter be brought forward by the " Friends pf the People, which method is uncertain to us-. Again " we find that? the Friends, of the People and-, the Society for "Conftitutional: Information do not exactly agree. V/e could " be glad to know the reafon ; it feems to me as though the dif- "i ference was this-^-the Friends of the People mean only- a par- " tial reform ; becaufe they leave out the words expreffing the " Duke of Richmond's plan, and talk only of a reform ; while the " Manchefter people feem to intimate, by addreffiog Mr. Paine, "as though they were intent upon republican principles only: " now, to comeclofer to the main queftionj it is only defired- to " know whether the generality of the Societies mean to reft fa- " tisfied with the Duke of Richmond's plan only ; or, "whether, it is their private defign to. rip up Monarchy; by the " roots, and place Democracy in its ftead. I fhall now, Sir, " give you an exact account of what plan we could wifh " to obtain, which I have 'already moved for at our general "• meeting, viz. a full and equal reprefentation of- the whole "body of the people, a general fuffrage of votes, and an- " nual parliaments. I remember the Society for Conftitutional "Information intimated to us that Mr. Bafham ufed to write to " them in the, name of the Revolution Society; if you approve " of that appellation, pray be fo kind as to give us a full and fa- " tisfacrory anfwer. I fhall fay np more "at prefent, but remain " a friend to peace, npt to anarchy,; a welL-wifher to the rights " of man when obtained by confent,; and your mpft obedient and *' humble fervant, *' George Knapp, Chairman. " Isaac Saint, Secretary. *' Anth*'. Caddewpuld, Member. " P. S. I fhould efteem it a favour to be informed of the town fi rcfidence of the Lords JCenyon and Loughborough, for a mat- ftter of private concern. " Addreffed to. Mr. Thomas Hardy, to be left at the Bell, "f'Exeter-ftreet, Strang London,'' I « Fellow r 224 y " Fellow Citizens, " Your letter of the nth inftant was, by the Secretary, laid " before the Committee ef Delegates pf the London Correfpond- ", ing Society. " Having never before heard of your Society, they wifh to " have fome further information concerning it, as to its origin, its '? principles, and the number of its members; fuch an account in u. your next letter will give them great fatisfadtion. They do " not thoroughly cpmprehend hpw it would be poflible to incor- " porate with our Society three of your members refiding in "Norwich, inafmuch as it would be impoffible to communicate " to them at that diftance all our correfpondence, and they could " net attend pur Committee?, where the bufinefs is tranfacted. "¦ If it is information you want, they very readily will anfwer any ", queftion you may put to them ; and, to that end, invite you to " a regular correfpondence. As to the object they have in view, " they refer, you to their addreffes : you will therein fee they " mean to diffeminate political knowledge, and thereby engage " the judicious part of the nation to demand a reftpratipn pf their ". rights in annual parliaments, the members pf thpfe parliaments " pwing their election to the unbought and even unbiaffed fuf- " frage of every Citizen in poffeflion pf his reafon, and not inca- " pacjtated by crimes. They confider the obtaining fuch par- " liaments to be the ground-work of every neceffary reform ; to "• this therefore they fteadily adhere, and turn themfelvps neither " to the right nor to the left, to follpw any other plan whatever ; "the rules and order of their Spciety being fo plain and eafy, " that, if they can get a majority of the nation to act as they dp, " the propofed reform will effect itfelf. They look upon the " trifling difference that may have arifen between the feveral So- " cieties to be of very little cpnfequence, and think they will fub- " fide without any ways injuring the caufe. " They think it a matter of fmall importance whatever name " you chppfe to adopt. They advife you to follow their plan, " and divide yourfelves into fmall Societies, each of which to " choofe a delegate ; the .delegates, when met, to form the Com- " mittee, and tranfact the bufinefs of the Society ; afterwards, " let each delegate report to his divifion the bufinefs fo done ; '* * "let t 225 ) " let him admit frefh members* communicate -frefh intelligence, " encourage political difcuffipn, cr read tp yeu fuch books as may " convey the inftructipn ypur weaker members ftand in need " pf; but, abpve all, be careful to preferve peace and gppd prde'r " ampng ypu ; let np difpute be carried to excefs ; leave mo- " narchy, dempcracy, and even religion, entirely afide ; never " difpute on thefe topics, let your endeavours go to increafe the " numbers of thofe who wifh for a full and equal reprefentation " of the people, and leave to a parliament, fo chofen, to form " plans for remedying the exifting abufes ; fhould they then not " anfwer your expectation at the year's end, you may chufe others " in their ftead. The Committee offer you every afliftance in " their power, but requeft that your queftions may relate chiefly " to the methods of obtaining a reform in Parliament. Like " yourfelves, they are friends to peace; not anarchy, and well- " withers to the rights of man ; yet not fo fenguine in their ex^ " pectations as to imagine thofe. rights will be reftored by the " fpontaneous confent of thofe who have fo long deprived man- " kind of them. Underftanding that you are many Societies in " Norwich, the Committee recommend to ypu tp unite upon " the plan before mentioned ; the correfpondence, then carried *' on by one Committee, will ferve yOu all : they likewife re- " cpmmend the appointment of one pf the leaft cpnfpicuous " pf vpur members to receive fuch letters as may be fent to " the Society, left, if he be well known about your town " to be a member, fome interruption might take place in the " delivery, " I am, for the London Correfponding Society, moft fin- " cerely, " Fellow Citizens, " Your fellow-labourer in the caufe of freedom, t: M. M. Chairman." " The Committee of the Friends of the People. " Gentlemen, London, the lft February, 1793. " We are inftructed by the Committee of Delegates of the " London Correfppnding Society to exprefs the fatisfaftipn they " experience C ?26 ) " experience in finding, by your anfwer to our letter, that your ." Society are willing to communicate freely with thofe whofe '" friends they profefs themfelves to be : Not the lefs 'determined "to obtain the defired reform* had you refufed to act in concert " with us, we yet fredly acknowledge that your concurrence' " will add great weight to our fo juft demand. Leaving the " diftinctions of rank, talents, and fortune, entirely out of " the queftion, pn a fubject in which every man is equally " interefted, all muft be convinced-, that when Members of " Parliament demand a reform, abufes certainly exift ; and "that when men, diftinguifhed For their knowledge pf the " laws, join in the purfuit, its conftitutipnality is fufficiently " warranted. " With ypu we think, that ' the common happinefs of all* "is the only -conftitutional authority laws can claim— that laws " fo founded, muft meet the affections of the whole nation ; and " that thofe who feek the moft effectual means of obtaining " fuch, ' equally promote the prefent peace and the future " profperity of their couutry.' " Venerating with yeu eiir excellent cpnftitution, we are "firmly perfuaded the reftoririg it to its primitive purity will be " found a fufficient remedy againft every ahufe we cprnplain pf. " Did We, hpwever, deem lefs highly pf its principles, we " could iict be brought to think ourfelves fo greatly degene- '" rated as to be unequal to the renewal of a tafk which pur "forefathers undertook, without. 'fearing it Would prpve beypnd " their ftrength, npt to difgrace them by fupinely fubmitting to " a total overthrow of the glorious fabric, reared by their valpur " and cemented with their blood, from premature apprEhenfions " pf ' the tempeft that might enfue' in a conflict of oppreffion " againft general good — pecuniary intereft, and life itfelf, are " never to be brought into competition with liberty. " We thank your Society for your kind advice concerning " peace, order, and obedience to the laws : We made them "the 'foundation of our union, as our addreffes fufficiently " evince — we have never departed from legal obedience, and " have ( 22-7 1 *l have thereby fruftrated the evil defigns of all thofe who mili- *' tat,e againft reform. "You acknowledge, that 'to Wifh fuccefs to the caufe of " freedom is congenial to the heart of a Briton,' inftead there- " fore of admitting your argument againft our having publifhed " fuch fentiments by a friendly addrefs to the 'National Conven - "tion of France, 'that you, that all other Societies, that the "whole nation did not catch the generous flame, and follow " our example— as to the handle likely to be made of it by our " corrupt oppofers, (and well we have noted them) let them " ufe it like moft of their other machinations, it will only ac- " celerate that which they dread. " We muft obferve, that at a time when the enemies of mart- " kind, are exerting every ppwer to crufh the infant eflbrt of " French liberty, it became our duty, as friends to human hap- " pinefs, tp exprefs the juft abhorrence we entertained of a "manifefto which we conceived aimed, not fo much at the " liberty of France, as at the liberty pf the world. But to make " any particular comments upon that manifefto is now unne- " ceffary, as it might be unfafe — we only with every Briton to " perufe it. 4 " Regardlefs of any evil intention, which the malice of our " enemies may attribute to our conduct, we remain confeious " of our rectitude ; .and that we therein acted up to the free, " open, manly, generous national character of Britons— a " character which oppreffion, aflifted-by enervating luxury, has " not yet been able to entirely extinguiih. " Unnoticed, however, you have paffed over our ftatement of " abufes, our addreffes to the nation, our demand of protection^ " addreffed to thofe whofe duty it is to afford it, and our an- " fwer to the calumnies of Mr. Reeve's Affociation, we requelr. " your notice of them. Preffed likewife by our numerous " country correfpondents to give them authentic information of " what meafures you mean to purfue, when you mean to begin, '" and howfar you intend carrying your propofed reform ; we " beg your explicit anfwer on thefe heads, and that yon will " enable '( 228 ) ." enable us fpeedily to rightly inform the country thereon-^nb " ways doubting, but that from your anfwer^ we fhall be " enabled to affure them that you are really what your title im- " ports, the Friends of the People, for many thoufands pf whpm, " in the name pf the Lpndon Correfponding Society, united in " one common intereft and purfuit, with many other Societies " in different parts ©f the Ifland, altogether forming no defpi- " cable number of ufeful members of fociety. We have the " honour of fubfcribing ourfelves, " Your fellow labourers, and humble fervants." « Sir, " I am directed by the Society of the Friends of the People " to acknowledge the receipt of your letter, dated February I, " 1793; having pledged ourfelves by our public acts and docu- " ments, to ufe every effort in our power for the purpofe of ob- '" taining a complete, fubftantial, and radical reform of the " reprefentation of the people in Parliament, we never can be " fuppofed to have furrendered to any other body of men the " exercife of our own difcretion, with refpect both to the plan " which we deem moft effectual for the purpofe, and the time " which we may think moft favourable for offering it to the f public; at prefent we think, that to make public our views " on thefe fubjects, would be to furnifh arms to our enemies, " and to injure the caufe in which we are engaged. The " period, however, is probably not very far diftant when thefe " particulars will be made known to the public ; it is fufficient ** now to exprefs our confidence, that that moment will prove '• by evidence more fubftantial than profeffions ; that we will " propofe no plan of reform which is fhort of an effectual de- " ftruction of abufes in the reprefentation of the people, and " that we have honeftly exerted every faculty we poffefs in " chufing the time moft favourable to the fuccefs of our plan. " We have learned, with affliction and indignation, the ar- " bitrary and unconftitutional interruption cjf meetings pf " citizens, peaceably and lawfully affembled for the dicuffion " and maintenance pf their rights. We have ever viewed with " utter f 229 y *c utter difapprpbatipn, both pf their principles and proceedings, " the affaciatipns who have been the authors pr inftruments of " this perfecution. Their principles, we think, are repugnant " to the free fpirit of the Englifh law ; and their conduct, we " think, has been as injurious and pppreffive, as the principle " cf their inftitution is unconftitutional and abfurd. But deeply " penetrated as we are with thefe fentiments, we neither pof- " feffed power nor legal competence to interpofe for the protec- " tion of an individual, fuffering even under the moft unjufl " profecution, we cannot therefore feel ourfelves blameable for " inaction in cafes pf which the particulars were never laid be- " fore us, and in which it might have been perhaps impoffible, " and perhaps improper, for us to have interfered. " We dp npt think it neceffary to make any particular re- " marks on thofe publications which you have put forth ; we " are not called upon to pronounce any judgment on the pub- " licatipns pf individuals or focieties ; and however we may la- " ment the grievances of which fome of your publications com- " plain, our efforts muft neceffarily be limited tp the pbject of " pur inftitution- — the creation of an organ to fpeak the public " voice in legiflation. " We cannot help exprefling fome furprife at the informa- " tion, that Societies in different parts of the kingdom, who " were folicitous about the nature and extent of our plans of " Reform, inftead of exprefling fuch folicitude to ourfelves, " fhould have chofen the indirect and circuitous channel pf any " pther Spciety. Had they applied to the Friends of the People " directly, they would affuredly have received every informa- " tion ccmpatible with prudence, and with a due regard to the " fuccefs of out common caufe. " On the fubject of your correfpondence with the National " Convention of France, we freely communicated to you our " opinion in our laft letter ; we fee no reafon to change the " fentiments whkh we then expreffed on the prudence and ten- " dency of that meafure, for though we not only ' acknowledge,' *' but avow with pride, < that to wifh fuccefs to the caufe of •*' freedom is congenial to the heart of a Briton ;' yet we can- R " not ( 270 ) " not think that men engaged in fo mpmentous a caufe, as that " of parliamentary reform, are entitled to make public declara- " tions, even pf their mpft virtuous fentiments, in any manner " which may injure that caufe, ferve the purpofes, and ftrengthen " the pretexts of its enemies. Far be it from us to treat with " feverity and rigour even thofe errors and indifcretions into " which men may be betrayed by a generous zeal for the caufe "of freedom, but furely it cannot be denied, that the corre- " fppndence of Societies in this cpuntry with public bpdies in " France, has furnifhed the moft fpecipus pretences to interefted " men, for confounding' a virtuous fenfibility to the interefts of " liberty in other countries, with a criminal intention to intro- " duce difprder and civil cpmmptipn into pur own 5 it is chiefly " by the help pf this pretext, that defigning men have fo fuc- " cefsfully practifed on the alarms pf the public, and that timicl " honefly has been rendered the dupe and the inftrument pf " Corruption. But pn this fubject all further remark is npw " becpme unneceffary, as every gppd citizen muft now feel " himfelf precluded from all political intercourfe with France, " (for a peripd which we earneftly pray may be very fhort) " by a war, the principle cf which we utterly difapprove, the " inevitable evils ef which we deeply deplore, and at the poflible " confequences of which we tremble. Among the moft wife " and honeft friends of liberty there muft arife frequent differ- " ences of opinion and of conduct ; and thefe differences, the " natural effect cf an independent judgment and an independent " fpirit, are perfectly cpmpatible with mutual cpnfidence and cp- " operation ; when indeed defigning perfons avail themfelves of " fuch differences, to fow diftruft and to infinuate fufpicions " againft the characters and intentions of men, it is then only " that they become pernicious and injurious. Againft practices " which might produce fuch a fpirit of difunion and diftruft, it " is furely almoft unneceffary to warn the friends of liberty, at a " moment when our enemies are fo formidable and fo united. " They have facrificed all inferior interefts and all former dif- " ferences to their cpmmpn intereft, in perpetuating abufes and " corruptions. Let it not be faid, that mpre generous mptives " have a lefs ppwerful influence on the human mind, *and that "the ( *3i ) " the love of liberty is not able to produce that union among M her friends, which in her enemies has arifen. from the moft " abject and fordid paflions. " It feems fcarce neceffary to reprefent to the Lpndon Cor- " refponding Society the peculiar neceflity of circumfpeition u and moderation, at a moment when the moft venial indifcre- " tion of the friends of -reform is remarked with fuch malignant " watchfulnefs, and converted into an argument againft the " caufe of reform itfelf. " He muft furely either be a fecret enemy, or an unfafe and o the public, " nothing having a greater tendency towards roufing the country " from its too prevalent apathy, with regard to ftretch of pre- " rogative and abufe of power. " As to our Addrefs to the French National Convention, we " imagine it beft to fay no more about it at prefent, only that if it " has furnifhed pretexts to defigning men, it has only faved them " the trouble of feeking excufes elfewhere : but fiich men, even " without our aid, would have been at no lofs ; at the fame time, " we are to believe the plan for war, if conceived before then, " was by no means accelerated thereby; — intended as preventa- " tives, addreffes might have been effectual, if they had not " been more generally adopted ; the only fault therein, that by " a miftaken idea,' the addreffers gave credit to the nation for a " greater degree of energy than it really pofleffed. We agree " with you, that unity of fentiment is no way incompatible " With diverfity of opinion, and that the latter is natural to " independent minds ; with the fame object in view, their mode " of purfuing it will undoubtedly differ ; with caution, therefore, " we will watch over thofe who wifh to fow the feeds of un'ne- " eeffary diftruft among us, and will at the fame time take good " care that the doctrine of implicit confidence may not gain " ground among us; full as much as yourfelves, we plead the " neceflity of union among the friends of liberty, but lament " that it is prevented, or at leaft retarded in many inftances by " the very fame thing that promotes it among the enemies of R 3 " reform', (• 234 )• "reform, namely, intereft; with them, all their intereft is for " the continuation of abufes, while to fome of us a reform muft " be attended with pecuniary lofs, and many pthers would lofe " their emplpy, their daily bread, were it knpwn they took an " active part; thus, the fame motive, affuming pn one fide the " appearance pf a virtue, gives ernulatipn to bad men, and pn " the other, in its vileft but mpft natural form, flays the progrefs " of thofe who, with the beft intentions, labpur to lave their w cpuntry, " We thank you for your kind and prudent advice, enjoining " us moderation and difcretion at this critical moment, when "every imprudence in the advocate is liable to be rendered pre judicial to the caufe itfelf," Mr. Garrow. It appears by Its cpntents to be an anfwer to Mr. Curteis's letter. Alexander Grant. — Examined by Mr. Garrow. !lh I believe you are by bufinefs a printer ? A Yes, I am. ^. Did you at any time, and when, become a member of the London Correfponding Society ? A. Yes; I believe in the beginning of tbe year 1792,. 4J. To which of the divifions pf the Society did you belong ? A. I think it was Np. a. £K Where were the meetings of that divifion held ? A. At the houfe of a Mr. Byde, at the Bell in Exeter-ftreet. 4J. Name fome of the perfons whp frequented thpfe meet ings of the divifipns. A. There was Mr. Margarpt ufed to be one. i^J. What character was Margarot in the Society ? A. He was conceived by me to be prefident of the divifion, j^. Did he act as fuch ? A. Yes. ^. Whoelfe? A. Mr. Richter, Mr. Moore, and feveral others that I do not recollect. I knew very few of them, I think Mr. Byde, the rmafter of the houfe, was a member. ^.Was ( 23s ) 4>. Was you applied to at any of thofe meetings to print any papers for the divifions, or for the Society at large ? A. I was not at that time. £>. When was you, if ever applied to, to print any ? A. I was applied to fome time in the middle or the latter end of the year 1792. £>. Who was that application made to you by ? A. I believe by Mr. Gow. £K Was that application made by him at the Society, or at one of the divifion meetings ? A. I do not know pofitively, but I know I refufed to print fometbing that was fhewn me. 4J. I do not afk you the contents of that paper; but did you afterwards print any thing elfe for the Society, which you was paid for by any of thofe perfons that you have named ? A, Yes : I printed a porting bill. £>. Upon whofe application did you print that pofting bill ? A. Mr. Richter. I read it pver with Mr. Richter ; and I agreed to print it, and did print it. 4>. Dp you mean the fame Mr. Richter that ypu have named as a member of the Society ? A. Yes. ijj. Did you ever fee Mr. Richter at any of thofe meetings of the divifions at which the prifoner attended ? A. Yes. J^. You fay ypu undertook to print that which Richter ap plied to you to print. A. Yes; five hundred copies. £K Who paid you for them ? A. Mr. Hardy the prifoner. J^. Were there any directions given you as to the time by which they would be required to be printed ; was there any ex traordinary expedition required ? A. They were ordered to be done as faft as poflible, and I recollect when they were done I ordered them to be fent to Mr. Hardy's ; and I imagine my order was complied with. §{. How fopn after you had ordered them tp be fent to Mr. Hardy's did you fee Hardy \ R 4 A. I dare (, 2.34 ); A. I darefay it was two or three days after. §K Did he pay ypu for thofe which you had ordered to be- fent? A. Yes ; but they were fent back to my houfe. ^. Did he pay before the order carne for fending them back to your houfe, or afterwards ? A. No. I was paid afterwards. J5>. And then the papers were returned to your houfe ? A. They were returned the very fame day they were fent. j^. What became of them after they were fent back toysur houfe; did the circumftance which you was about to ftate come to your knpwledge from Hardy, pr did ypu ever converfe with him uppn that fubject ? A. Np; never. £K Do you known of your own knowledge what became of the papers after they were returned to your houfe ? A. They were given by my warehouseman to one Carter to flick up in the ftreets. _ Mr. Erfkine. Did you fee them given ? A. No. Mr. Garrow. Do you know in fact that any , of thofe bills that you printed, and which Hardy paid you for, were ftuck up in the ftreets of this town ? A. No ; I could not fwear that, for I did not fee any to the beft of my recollection. 4>. Had you any cpnverfatipn with Mr. Hardy refpecting thofe papers which Carter was fuppofed to have had fomethlng to do with ? A. Yes. §>. What paffed between Mr. Hardy and you upon that fubjea ? A. Mr. Hardy informed me that Carter had been taken up. Q. Ypu had given orders that thefe bills fliould be delivered to Carter ; were they in fact delivered out of ypur ppffeffion after they were returned from Hardy's ? A. They were npt delivered by my prder tp Carter. , 4J. Were they delivered out pf your poffeflion I A. They were. . c g. After ( 237 ) - i^. After that Hardy told you Carter had been taken up ? • A. Yes, for putting up thofe bills which I told him I had been informed of before. if*. For putting up the bills, where ? A. Up in the ftreets in this town. ^. Did any thing more pafs upon that occafion ? A. No. i9. Do you know that Carter was in fact in prifon for pofting «p thofe bills ? A. I heard it from Mr. Hardy. I never faw him in prifon. 4>. Look at this, and tell us whether this is one of the bills that yeu printed ? A. Yes, I believe that is the very identical bill ; I have no doubt about it. 4>. Had ypu any cpnverfation with Mr. Hardy with refpect to any other papers which you had been applied to print, and which you had refufed to print — did Mr. Hardy fay any thing to you about your having declined to print for the Society ? A. He did about an additional order that I had. £>. The firft order you complied with was for five hundred ? A. Yes. 0K Who gave you the additional order ? A. There was an order brought, I cannot tell by whom, to me, for five hundred large bills, and a thoufand fmall ones. j^.. Had you any converfation with Mr. Hardy about that ad ditional order ? A. Yes ; he faid he had heard that I refufed to print them. j^. Had you refufed to print them I A. I had actually refufed. 4>. How long did you continue a member of the Society after you had refufed fo to print for them ? A. In fact, I had not frequented the Society for fome time before that : I believe that was in the end of November, or the beginning of December. 4J. How much was the fum he paid you ? A. Two guineas. 4>j You ( 238 ) j£. You named Mr. Margarpt as one pf the perfons prefent at thofe meetings ; in what character did he act ? A. He acted in the capacity of Prefident of the Delegates. 5J. In what character did the prifoner, Hardy, act ? A. As Secretary of the divifion, and likewife as Secretary of the Society itfelf, I believe. Lord Chief Juftice Eyre. Was there any Secretary to the divifion ? A. I do not know exprefsly ; for I Pnly was twice or three times at the furtheft among the delegates. Lord Chief Juftice Eyre. And it was there that Hardy acted, was it ? A. He acted as Secretary to the Society at large. Lord Chief Juftice Eyre. Where was it that he acted ? A. At Mr. Byde's. Lord Chief Juftice Eyre. Do you mean that that was a meet ing pf the divifion or of the delegates ? A. Of the divifion. Mr. Garrow.. Was you ever at the Unicorn ? A. Yes ; I was there once. £K Try to recollect any of the members you faw there ? A. There were a great many there; I knew very few. Lord Chief Juftice Eyre. Was that a divifion meeting, or what ? A. I believe it was the fame Society moved from the Bell to the Unicorn, the fame Society or the fame divifion that was there. [The addrefs read.] V Addrefs of the London Correfponding Society to the pther " Societies pf Great Britain, united for the pbtaining a Re- " form in Parliament. " Friends and Fellow Countrymen, " Unlefs we are greatly deceived, the time is approaching " when the object for which we ftruggle is likely to come within " our reach. That a nation like Britain flipuld be free, it is re- " quifite only that Britons flipuld will it, to become fo. That " fuch fhpuld be their will, the abufes pf pur priginal cpnftitu- " tipn, ( 239 ) u tion, and the alarm of our ariftocratic enemies, fufficiently wit- " nefs. Confident in the purity of our motives, and in the juf- " tice of our caufe, let us meet falfehood with proofs, and hypo- " crify with plainnefs, let us perfevere in declaring our princi- " pies, and mifreprefentation will meet its due reward-^contempt. " In this view, the artifices pf a late ariftpcratic aflbciation, " formed on the 20th inftant, call for a few remarks, on account of " the declaration they have publifhed relative to other Clubs and " Societies formed in this nation. It is true that this meeting of " Gentlemen (for fo they ftyle themfelves) have mentioned no " names, inftanced no facts, quoted no authorities ; but they take " upon themfelves tp affert, that bodies pf their ceuntrymen have " been affociated, profefling opinfons favourable to the rights pf " man, to liberty, and equality ; and, moreover, that thofe opi- " nions are conveyed in the terms, No King, No Parliament.— " So much for their affertions. " If this be intended to include the Societies to which we re- " fpectively belong, we here, in the moft folemn manner, deny " the latter part of the charge ; while, in admitting the former, " we claim the privilege and glory in the character of Britons, " whoever fhall attribute to us, who wifli only the reftoration of " the loft liberties of our country, the expreffibns of No King, " No Parliament, or any defign of invading the property pf other " men, is guilty of a wilful, an impudent, and a malicious falfe- " hpod. " We know, and are fenfible, that the wages of every man are " his right ; that difference of ftrength, of talents, and of induftry, " do, and ought, to afford proportional diftinctions of property, " which, when acquired and confirmed by the laws, is facred and *J inviolable ; we defy the moft flavifh and malevolent man- in the " meeting of the 20th inftant, to bring the remoteft proof to the " contrary. If there be no proof, we call upon them to juftify " an infidious calumny, which feems invented only to terrify in- " dependent Britons from reclaiming the rightful conftitution bf cc their country. We admit, and we declare, that we are friends " to civil liberty, and therefore to natural equality, bpth pf which " we confider as the rights of mankind. Could we believe them " to { 240 ) " to be ' in direct oppofition to the laws, of this land,' we " fhould blufh to find ourfelves among the number of its inhabit " tants ; but we are perfuaded that the abufes of' the conftitution " will never pafs current for its true principles ; fince we are " told in its firft charter, that all are equal in the fight ef the law, " which ' fhall neither be fold, nor refilled, nor delayed, to any " free man whatfoever:' fhould it ever happen that ' right and "juftice' are oppofed -by expence, by refufal, or by delay, tfyen " is this principle ef equality viaUted, and we are no longer free " men. " Such are our notions of thofe rights which it is boldly main- " tained ' are inconfiftent with the well-being of fcciety.' But " let us not fuffer men, who avow no principles of liberty, whofe " favourite cry is inequality of property, to eftrange others of pur " cpuntrymen from aiding us in ferving the community, and " from recovering to the nation that fliare of its fovereignty " which has unhappily been facrificed to corrupt courtiers and " intriguing boroughrnongers. " If pur laws and conftitution be juft and wife in their origin " and their principle, every deviation from them as firft efta- " blifhed, muft be injurious to the people, whofe perfons and pro- " perty were then fecured; if at the revolution this country was " adequately reprefented, it is now fo no longer, and therefore " calls aloud for reform. " If it be true that the people of Britain are fuperior to other " nations, is it that our taxes are lefs burdenfome ? or that our " provifions are lefs expenfive? is it from the various produc- " tions of our foil that we are rich ? is it owing to the majority " of our numbers that we are ftrong ? Certainly not. France has " the advantage in all thefe refpects, and, up to this period, fhe " has never been our fuperior in wealth, in power, in talents, or " in virtues. But let us not deceive ourfelves, ths difference be- " tweeh us and that nation was formerly, that our monarchy was " limited, while theirs was abfolute ; that the number cf our " ariftocracy did not equal the thoufandth part of theirs ; that we " had trial by jury, while they had none ; that our perfons were " protected by the laws, while their lives were at the mercy of " every '( 2-41 ) « every titled individual : we therefore had that to fight for, " which to them was unknown; fince we were men, while they " were flaves. " The fcene indeed has changed ; like our brave anceftors of " the laft century, they have driven out the family that would " have d'eftroyed them ; they have fcattered the mercenaries who " invaded their freedom, and have c broken their chains on the " heads of their oppreffors.' If, during this conflict with mili- " tary affaffins and domeftic traitors, cruelty and revenge have " arifen among a few inhabitants of the capital, let us lament thefe " effects of a bloody and tyrannous manifefto, but let us leave " to the hypocrite pretenders to humanity, the tafk of blackening " the misfortune^ and attributing to a whole nation the act of an " enraged populace. " As we have never yet been eaft fo low at the foot of defpo- " tifm, fo it is not requifite that we fliould appeal to the fame " awful tribunal with our brethren on the Continent. May our " enmities be written in fand, but may our rights be engraven on " marble ! We defire to overthrow no property but what has " been raifed pn the ruins of our liberty : we lppk with reverence " pn the landed aiid cpmmercial interefts pf our country, but we " view with abhorrence that monopoly of burgage tenures, " unwarranted by law or reafon in this or any other nation in " Europe. " Let us then continue with pleafure and firmnefs in the path "- which is begun ; let us then wait and watch the enfuing feflions a of Parliament, from whom we have much to hope, and little to K fear. Tbe Houfe cf Commons may have been the fource of " our calamity, it may prove that of our deliverance. Should k " not, we truft v. e fliall not prove unworthy of our forefathers,. " whofe exertions in the caufe of mankind fo well deferve our "imitation. (Signed) " Maurice Margarot, Chairman. " Thomas Hardy, Secretary, " London, " 2a.th Nov, 179.2." jtr. ( 242 ) Mr. Edward Lauzun. I found this paper in Mr. Hardy** houfe. [7/ was read,] 4-th March, 1793. " Sir, " Th. Lpndpn Correfppnding Society have at prefent to " acknowledge ypur laft, and tp anfwer mpre fully ypur preced- " ing letter. " With regard to petitipning Parliament, we are unanimous " in the ppinion that fuch a petition will not produce a reform ; " yet, from many confiderations, we are now perfuaded that, if " every Society in the ifland will fend forward a petition, we " fliall ultimately gain ground ; for as much as it will force the " prefent members pf the Senate to repeatedly difcufs the fubject, " and their deliberations, printed in the different newfpapers, " will moft naturally awaken the public mind towards the object " of our purfuit. The nation, once informed that a reform in " Parliament is fought for from different quarters, gives rife to " debates in the Houfe of Commons, and is acknowledged by " every rank to be wanting, will begin to exercife their own " reafon on this fubject ; arrived at that period, we prefume our " bufinefs will be nearly accomplifhed. " Let us then clofely folfow up our Npttingham brethren ; fet " every Society petition feparately ; let every week furnifh a frefh " petition, and afford a Jfrefh debate. We feek to open the eyes " pf the public : petitfons pn our part, and rejections on the part " of the Miniftry, will effectually do it : we therefore highly " approve of your idea, and will ourfelves follow it up, and re- « commend it to all the other Societies we correfpond with; " and, withal, we recommend to you that no time be loft in fo " doing. " With you, we lament the evils of an imprudent and inconfi- " derate war — a war rather eagerly fought for the advancement of " private ends, than carefully deprecated from confideratipns of " public good ; a cpnteft unfavpurable to this cpuntry, whether 44 either France pr defpotifm gain the upper hand. We join with 44 you in gratitude to thofe werthy members pf either houfe who 44 have ( 243 > 44 have endeavoured to avert this national calamity, to whom we 44 have likewife returned our public thanks ; and we remain, with 44 firjcerity and affection, 4; Your friends and fellow-labourers, No fignature. Addreffed « Mr. William Carnage, Sheffield." Mr. Edward Lauzun. I found this paper in Mr. Hardy's houfe. Mr. Garrow. This is a draught pf a letter tp Skirving ; the original letter was found in Skirving's ppffeffion. [It was read.] 44 Sir, " London, May ij, 1793. " The Londpn Cprrefppnding Spciety eagerly feizes the op- " portunity pf Mr. Urquhart returning tp Edinburgh to requeft 44 pf ypur Spciety a renewal pf ccrrefpondence, and a more inti- 44 mate co-operation in that which both Societies alike feek, viz. 44 a reform of parliamentary reprefentation. We are very fenfible 44 that no Society can of itfelf bring about that defirable end. Let 44 us, therefore, unite as much as poflible, not pnly with each 44 other, but with every Society throughout the nation. Our 44 petitions, you will have learned, have all of them been up- 44 fuccefsful : pur attentien muft npw, therefore, be turned 44 to fome more effectual means. From your Society we would "willingly learn them; and you, on your part, may depend 44 upon our adopting the firmeft means, provided they are 44 conftitutional : and we hope the country will not be behind 44 hand with us, 44 This war has already opened the eyes of many, and, fhould 44 it continue much longer, there is no anfwering for its effects on 44 the minds of the people. 44 Our Society has met with much perfecution; neverthe,- " lefs, we go on increafing in numbers and political knowledge. '7 " Wifhing ( 244 ) 44 Wiftj'rng you and our caufe all fuccefs, we remain meft ecjr- 4' diai.'y, " Sir, " For the Lpndpn Cprrefppnding Society," 44 Your friends and fellow-labourers, (Signed) " M. Margarot, Chairman, 44 Thomas Hardy, Secretary. " No. 9, Piccadilly. 44 Tp the Secretary pf the Society pf the Friends of the People, *4 Edinburgh." Addreffed on the back thus : 44 Mr. William Skirving, Secretary to the Convention of the 14 Friends of the Pepple, Edinburgh." The Anfwer of William Skirving read. Indprfed, " Received the ioth pf June 1793; anfwered the 44 20th pf July." 44 Mr. Hardy, Edinburgh, 25 th of May, 1793. 44 Sir, " Mr. Urquhart did me the pleafure to call on Thurfday after- 44 noon, and delivered your letter of the 17th current. I am 44 much pleafed with the contents of it, and fhall lay it before the • 44 firft meeting of our Societies here, which however does not *' take place till Monday feven-night. I would have acknow- 44 ledged the receipt cf your favour by yefterday's poft, but was 44 too much employed in rempving pur houfehold to another 44 lodging to attend to any thing elfe. 44 If either you in England, or we in Scotland, fhould attempt 44 feparately the reform which we, I truft, feek to obtain, 44 we .fliould, by fo doing, only expofe our weaknefs, and mani- 44 feft our ignorance of the corruption which oppofes our import- 44 ant undertaking. If we fought only the extirpation of one fet 44 of interefted men from the management pf nationalaffairs, that " place might be given to another fet, without affecting the vitals 44 adverfe to the fyftem of reform. Thefe might be eafily accom- 44 plifhed ; but to cut up deep and wide rooted prejudices, to give " effectual energy to the dictates of truth, in favour of public vir- " tue and national profperity, in ppppfition to felf and all its in- 44 terefted habits, and to withftand and pverawe the final efforts t* 44 of the powers pf darknefs, is the wprk pf the whole, and not of a 44 part,. ( 245 ') 44 part ; a work to which mankind, till this awful period, were 44 never adequate, becaufe never till now difpofed to fraternize ; 44 not merely, or only, I truft, from the fenfe of the common 44 danger to which we are expofed, but from the ennobling prin- 44 ciple of univerfal benevolence. 44 1 know no greater fervice that I can do my country, than to 41 promote the union you fo wifely defire ; and I am happy to 44 affure you that I have hitherto difcovered no fentiment in our 44 affociation adverfe to the moft intimate and brotherly union 44 with the affociations in England. 44 1 think the minds of all muft, in the nature of things, be 44 now turned to more effectual means of reform. Not one per- 44 fon was convinced of the neceflity of it by the moft convincing 44 arguments of reafon, together with the moft unequivocal ex- 44 preflions of univerfal defire ; what then is to be hoped for from 44 repetition ? I am only afraid that the bow in England againft 44 reform was fo contracted that, in returning, it may break. 44 You would willingly learn, you fay, from us : I own that we 44 ought to be forward in this : we have at once, in great wifdom, 44 perfected our plan of organization ; and, if we were in the fame 44 independent ftate of mind as the people of England, we would 44 be able to take the lead. The affociations with you are no 44 more, I fear, (excufe my freedom) than an ariftocracy for the 44 good of the people : they are indeed moderate, firm, and vir- 44 tuous ; and better cannot be : but we are the people themfelves, 44 and we are the firft to fhew that the people can both judge and re- 44 folve, if undirected by faction, with both wifdom and moderation. 44 1 have not a higher wifh, in the prefent exertions for reform, 44 than to fee the people univerfally and regularly affociated, be- 44 caufe I am perfuaded that the prefent difaftrous engagements 44 will iffue in ruin, and the people then muft' provide for them- 0 4C felves ; and it wpuld be unhappy, when we fhpuld be ready to 44 act with unanimity, to be occupied about organizatipn, with- 44 put which, hpwever, anarchy muft enfue. We will not.need 44 but to be prepared for the event, to 4 ftand and fee the falva- 44 tion of the Lord.' Let us therefore take the hint given us by 44 our ppppfers ; let us begin in earneft to make up our minds, 44 relative to the extent of reform which we ought to feek ; be S " prepared ( 246 ) 44 prepared to juftify it, and to cpntrovert pbjectipns ; let tjs tt«ju 44 del the whole in the public mind ; let us provide every flake 41 and ftay of the tabernacle which we would erect, fo that when the f tabernacles of oppreffipn in the palaces pf ambitipn are broken 44 down, under the madnefs and .folly of their fupporters, we may 44 then, without anarchy and all dangerous delay, erefftat pnce our 44 tabernacle of righteoufnefs, and may, the Lord himfelf be in it! 44 Hpw hurtful to tbe feelings of a- reflecting mind tplook back 44 to the wretched ftate in which the Roman monarchy, enfeebled 44 and broken by its own corruptions, left the nations which it had "fubjected! like » fheep without a fhepherd' they foon hecame 44 a ptey to every invader, becaufe there was none to gather and 44 unite them: had they, forefee-ihg the evil, affpc-iated, for mutual 41 defence, np robber wpuld have been able to enfkve tbem j they 44 would have given laws to all parties, as well as to tbemfelyes } all 44 feparate colonies and nations would have fought their alliance ; " but not haying, virtue to affociate and heal the divifions, and root 44 put the felfifh fpirit, which ambitipn foftering governments pro- 44 cure tp their fubjects, they fell under oppreffio.ns, from under 44 whofe iron fceptre they have never yet been able to deliver them- 44 felves. , " We may fuppofe an event which we deprecate ; nay, fhould 4t" we not be prepared for every poflible iffue of the prefent unpre* 44 cedented divifions pf mankind, we have a right to be apprehen- 44 five of the abilities of our ewn managers, whp are fo afraid to 44 depart-from precedent, that, like men of detail, tbey may be 44 inadequate to the tafk of preferring the veffel from fliipwreck^ 44 now grappling with danger, not only great, but new and un- 44 common. If tbe prefent Miniftry fail, who after them fliall 44 be trailed? It requires little penetration to fee the anarchy and " difcord which will follow : it will be fuch that nothing fhort of 44 a general union among the people themfelves will be able to heal : " hafte, therefore, to affociate, at leaft to be ready to affociate. If 44 then, fuch a broken ftate of things fhould take place, the civil 44 broils that would neceflarily enfue would foon fobfide before the 44 united irrefiftible voice of tbe Whole. Do not, I entreat you, , *4 hefitate thinking fuch a work premature as yet : but a month, 44 and then, it may be top late. Amalignantparty may be already 144 formed, and pnly waiting for the halting of the prefent ma- 44 nagersj 9SS33 ( m ) 44 nagers ; it will then be too late to feek to fubject to deliberation, •* after a party has dared the act of rebellion. If you go no fur* 44 ther than feparate meetings in different towns, we will not be 44 able to cpnfide in ypur confraternity, becaufej while in fuch 44 a ftate, you may be but the topis pf a faction. We could 44 have all cpnfidence, and unite with all affection in one affem* 44 bly of commtffioners from all countries of the world, if we 44 knew they were chofen by the unbiafled vpice of the people, 44 becaufe they would come up with the fame difinterefted views 44 and defires as ourfelves, having all agreed to a common centre 44 of union and intereft; but we could not confide in fellow- 44 citizens who kept aloof from fuch union, and would not pre- 41 vioufly affiliate in one great and indivifible family. 44 In troubling you with fo long an epiftle, I have at leaft " fliewn my inclination to correfpond. I have alfo hinted at 41 things which appear to me the prefent fubjects pf confiderar 44 tion, becaufe I am defirous of ypur opinion uppn them; I 44 have poffibly wrote with too much freedom, but you will 44 place it to acccunt of zeal in the caufe, and on this fcore 44 difcharge my defign, which is difinterefted and philanthropic. 44 With fincere efteem and affection, 44 1 am, Sir, 44 Your well -wither, 44 W. Skirving, Secretary." Mr. Lauzun. I found this paper in Mr. Hardy's ppffeffipn. [It was read.] " Sir, " ioth June, 1793. 44 It is with fingular fatisfaction the Committee pf the London 44 Correfppnding Spciety received ypur letter ;, they are very glad 44 to fee the fpirit pf freedpm fpringing up in Birmingham; and 44 the^ make no doubt but that the zeal of your Society, and the 44 increafe of your numbers, will foon do away the ftigma 44 thrown On your town by the unjuftifiable behaviour of a 44 Church and King mob. We are entirely of your opinion 44 with regard to the neceflity of a general union ; arid we he- 44 lieve, as you do, that when once the country fhall have fo 44 united, the Neros of the day will be forced to yield to the 4t-juft demand of a long and fare oppreffed people S 2 « With ( 248 )i 44 With pleafure we accept your proffered correfpondence,' 44 and earneftly beg of you to let us hear from your Spciety by* 44 every ppportunity. We wifh likewife you wpuld ppint put to 44 Us fome fafe mode of cpnveyance for fuch informatfons and' 44 publications as we may think neceffary to be tranfmitted to ypu. 44 The ppft we np ways rely on, as many of our letters have 44 already been intercepted. 44 If any of the members of your Society fhpuld have occafion to " vifit this metropolis, we hope you will not let him come with-' 44 out a letter from you, and that while they flay here they will 44 frequently affift at the meetings of our feveral divifions, and 44 by thus affociating, cpmmence an union which we hope foon 44 tp fee fpread itfelf all over Britain. 44 We will not enter into a detail of our grievances ; we are 44 equally well informed thereon, and all alike thoroughly con- 44 vinced, that nothing fhort of annual parliaments and univerfal 44 fuffrage can reftore to us that degree of civil liberty we are 44 iuftly entitled to, &c. &c. 44 M. M. C. «T. H. S." 44 To Mr. T. Kilmifter, Secretary to the Birming- 44 ham Society for Conftitutional Information." Mr Lauzun. I found this paper in Mr. Hardy's hpufe. [It was read.] 44 The Pplitical Spcieties cf Nprwich to the Secretary of the " Londpn Cprrefppnding Spciety. Indcrfed, " Received the 25th of June, 1793; anfwered the 44 25th of July, 1*793. 44 Sir, 44 1 lately received your letter from Mr. , oated 44 April 2"tj which, through multiplicity of bufinefs, we have 44 omitted to anfwer — hope you will excufe the delay. We alfo 44 received your friendly letter, prfor to that, wherein ypu ftated 44 three prpppfitipns : Firft, a petitipn to his Majefty, pr to 44 Parliament, or a National Convention, and ordered one of 5 " our ( 249 ) " our Committee to anfwer it. Should be glad if you will in- 44 form me whether it was attended to ; I gave my opinion on 44 the fubject to the Conftitutional Society of London, and 44 found their ideas congenial to my own, viz. An addrefs to 44 the King — futile ; a petition to Parliament (as a conquered 44 people )-7-tolerable ; a National Convention (if circumftances 44 admitted)— beft of all. To what an alarming crifis are we 44 arrived ! — the junto is formed and eftablifhed — the people be- 44 come a prey, and (to adopt the phrafe of an Hibernian apof- 44 tate) are treated as a Swinifh Multitude, except the privilege 44 of fattening. Wars muft commence at the caprice of indi- 44 viduals ; pepple torn from their hpufes to be butchered ; wind- 44 mills muft be attacked, at the rifk of being carried over and 44 dafhed to atoms ; the nation drained of its fuftenance to fup- 44 port a league, &c. &c. &c. - Many epithets may with great 44 propriety be applied, excepting fuch as Fox, Sheridan, Grey, 44 Erfkine, Lanfdowne, Lauderdale, Stanhope, Paine, Prieftley, 44 Tepke, Wharton, Macleod, Barlow, Mackintofh, Cppper, 44 befides many whp have fuffered under the iron hand pf, &c. 44 and when the pepple have complained, and humbly requefted 44 a remcval pf abufes, they have been treated with infult. 44 Alas ! where is the Majefty of the People ? An indifferent 44 obferver wpuld fupppfe it to center in ftars and garters, rib- 44 bons, and cpftly apparel, palaces^ cpaches and hprfes, with all *4 the trumpery of puerile amufements ; and were it not for 44 their accurfed confequences, we could bear with it },but when 44 we confider how many fweat, and toil, and ftarve, to fup- 44 port it, how can we be perfuaded but that there is a contrivance 44 between the land owners and the merchant to hold the pep- 44 pie in vaffalage ? for they eat up the people as they eat bread ; 44 the influence of the ariftocracy and hierarchy is become very 44 alarming, for they have abforbed and fwallowed up the people ; 44 but a rumour is fpread from the South, and it is terrible to 44 tyrants ;. it flings their mind — it galls their flefh — and like 44 Pafhur, are a terror to themfelves, left the people mould 44 affert their rights. 44 Yours, &c. 41 H. Buckle." 44 Pleafe to direct to H. Buckle." S 3 Mr. ( 250 J Mr. Garrow. ' We now propofe to read an anfwer to the laft letter, found in the poffeffion of the prifoner. Mr, Lauzun, I found this paper in Mr. Hardy's houfe. [// was read,] 44 London i$th of July, 1 793. 44 Fellow Citizen, 44 The London Correfponding Society have received, and 44 read with pleafure, yeur letter pf the 25th pfjune; but the 44 anfwer which ypu merttipn to have been made tp pur three 44 queftions has not yet come to hand. We fliall be glad to be 44 informed in ypur next, whether it was ever put in the Ppft- 44 office. 44 With regard to the queftions themfelves, however indivi- 44 duals may have made up their minds on them, the public 41 feemed moft to approve the mode of petitioning Parliament. 44 We accordingly acquiefced, and fent in a petition figned by 44 near 6,000 perfons. With this letter you will receive a copy 44 of it ; and with its fate you are doubtlefs not unacquainted. 44 While we agree with you, , that the pepple are treated like 44 fwine, we are forced to acknpwledge, that fome ampng them, 41 from their floth and ignorance, fcarcely deferve better ufage ; 44 however, unceafingly labouring to meliorate their condition 44 as well as our own, and convinced that a thorough Parlia- 44 mentary Reform is the only means ef effectuating it, we *4 firmly purfue Pur purppfe, and in the -mpft confpicuous man- 44 ner ; under the eye pf the court, in tbe middle pf the metrp- 44 polls, and in the very neft of place and penfion. hornets, the 44 Tavern where Reeves, the tool of the junto, holds his inqui- 44 fitorial tribunal, have lately held a general meeting of the 41 Society, fent forth an addrefs to the nation, and entered into 44 fome fpirited refolutions ; a few copies of which we defire you 44 to accept, and promulgate as far and as wide as you can ; at 4t the fame time reft affured, that the firmnefs difplayed therein 44 is not confined to words, but that on every occafion our So- 44 ciety ( 251 ) 44 ciety will be found foremoft in afferting and recovering the 44 liberties of their country. 44 Exhorting, you, therefore, to throw afide all unavailing 44 complaint, we wifh you to occupy yourfelves in inftructing 44 the people, in introducing and maintaining order and re^u- 44 larity in your own Society, and in forming a junction with 44 all others affociated for the fame purpofe throughout the 44 nation, by keeping up a conflant correfpondence with them ; 44 faut, above all, orderly and courageoufly preparing yourfelf 44 for the event; for as it is natural to fuppofe that tnofe who 44 now pr£y on the public will not willingly yield up their enjoy- " ments, nor repoffefs us of our rights ' withou*- a ftruggle, 44 which by their behaviour in Ireland we have feme reafoa to 44 think they are meditating, and perhaps may intend to effect 44 by means of thofe very foreign mercenaries who are. now paid 44 by the fweat of our brow, and whom, under fome niaufible 44 pretence, it would be no difficult matter to land on our 44 fhore. It may be more advantageous to humanity to fhew 44 them at firft, that their opponents are neither mob nor rabble, 44 but an indignant opprefled people, in whom is not yet entirely *4 extinct the valour of their forefatherSi ^ 44 Union and increafe being then our Pnly" refources, let us 41 diligently exert ourfelves therein with zeal and patience, re- 44 mpving ignorance and prejudice with firmnefs, and a confiflent 44 behaviour; encouraging thofe who join us; and above all,avoid- 41 ing little bickerings among ourfelves, ever difcountenancing " felfifti jealoufies and private animofities, and cordially joining 44 with heart and hand iri the common caufe. 44 Your neighbourhood muft feverely feel the dreadful confe- 44 quences of an iniquitous, depopulating, and ruinous war; but 44 you are not the only fufferers. From various parts of the " country we learn, that the war abroad has already fpread de- " folation at home ; yet fuch is the blindnefs of fome folks, that 44 they talk pf its being cpntinued for years. Peace we wifh to 44 all men ; but to fuch friends deftruction. Let us hear from 44 you foon,- and let our future correfpondence be more regular. S 4 "We ( 252 ) 44 We are, with fincerity, fellow citizen, for the London, Cor- 44 refponffing Society, as 44 Your Friends and Fellow Labourers, 44 For the good of our country, 44 M. M. 44 T. H." Mr. Erfkine. My Lord, I fhould wifh to put a queftion— the anfwer to which, indeed, I already forefee — whether my friends acrofs the table think there will be any probability pf their being able to finifh their evidence within a time that human nature is equal tp pay attentipn to it ; becaufe if not, .to be fure yeur Lprdfhips will be under the neceflity cf taking fome ftep tp hear this extraordinary caufe in a manner confiftently with that juftice which is due bpth to the Crown and to the prifoner. d cpnfefs,. that for one, I do not feel myfelf at all fatigued, and am extremely ready to go on, and to remain here any length of time which my duty to the prifoner can ppffibly require ; but if the evidence en the part pf the Crown fhould gp pn to fuch an extent as that it wpuld be imppflible either for ypur Lprd fhips or. the Jury to give any further attentipn, (and ypur Lprd fhips and the Jury are but men) then the prifoner's defence could npt ppffiblf be heard ; therefore, I fhpuld humbly fuggeft, if ypur Lprdfhips' find it is in ypur ppwer to put this into any train, — I wpuld afk my learned friends, whether they can finifli their evidence to-night ? Mr. Bower. It is imppflible. Lard Chief Juftice Eyre. What is your own judgment as to the courfe we ought to purfue ? Mr. Attorney General, have you nearly concluded your evidence ? Mr. Attorney General. Not half. Mr. Erfkine. It is very material for us that the Jury fhould hear Lord Chief Juftice Eyre. As to what is now hinted at, it is matter pf very great importance tp the public juftice cf the cpun try in every view pf it. It is undpubtedly a general rule, that there is to be np adjournment and no feparation of the Jury after the ( 253 ) the evidence is entered upon, until the Jury have given their verdict. That is a rule which I fhall never willingly depart from, nor ever confent to depart from but in a cafe of extreme neceflity, and where therefore the neceflity of the cafe will juftify a devia tion from the ftrict rule of law. I think the neceflity does exift in every cafe in which it fhall appear that the caufe will go into fuch a length that the attention of a Jury cannot be kept alive to it throughout, without the afliftance of fome refrefhment; and where, from that length, they cannot have that afliftance from the Court, which by law they are entitled to have ; provided that neceflity, therefore, is apparent in this cafe, I fhould certainly readily incline to enter into a confideration of the queftion, whether we can, and, if we can, whether we ought to adjourn; and in what way it may be done. I knnwthat, in ppint pf fact, there was an adjournment in one criminal cafe ; but that was a mifdemeanor : there was a doubt ftarted whether in that cafe, though the Court adjourned, the Jury fhould not be kept together. I have not been able to learn with any certainty what the fact was ; but there is cne circumftance from whence I do conclude that, in truth, the Jury could not have been kept together during the whole of that time, becaufe the ad journment there was over an entire day at two different times in the courfe of the hearing of that caufe ; and I have no imagina tion that the Jury were kept together during all that time, unlefs the adjournment over the day was only for a few hours ; but it is fo long ago, that few people remember how it was; I conceive that, under that adjournment, the Jury muft have been allowed to feparate. I am not fatisfied that, in ftrict law, there is a clear diftinction between the cafe of allowing a Jury to feparate in a mifdemeanor and in a capital cafe. I believe the rule of law is the fame; and I am inclined to think that the ftrict rule was, that, even in a civil cafe, the Jury could not feparate after the cafe was once gone into. In the 14 Harry VII. there was a queftion debated in the Exchequer Chamber (it is in the year book) upon the effect of the Jury having, in confequence of a violent ftorm to which they were X 254 ) were expofsd, feparated for a time; they afterwards returned again, and delivered their verdict. But the principal doubt that arofe in that cafe, was the circumftance of a Juryman having taken feme refrefhment from the hand of a friend pf pne pf the parties ; however, that queftion never was decided ; and I dp npt knpw that there is any other cafe in which the queftipn has been much cpnfidered : therefore, if the Counfel for the prifpner make the application tp the Cpurt uppn the ground of a neceflity interefi- ing tp the prifoner, and if the Cpunfel for the profeeuticn confent to that application upon fuch grounds as are proper to influence the judgment of the profeeutor, it feems to me that, in fome way or other, it would be right that an adjournment fhould take place. I fliould have no difficulty with regard to the Court; the diffi culty that occurs to my mind is with regard to the feparation of the Jury. Regularly, and prppeily, and agreeably to the ancient courfe, the Jury ought to be kept together. There are a great number of civil cafes in the pld books where the Jury cpuld not agree, or fomething happened in the courfe of the caufe that made it neceffary for the Court ro be confulted be fore the caufe could proceed. The practice was where the Jury was fent for from the country to Weftminfter Hall, there a hoftei was provided for them, and they were always fent back to their hoftei ; there they were attended by an officer, and kept from all communication : but modern times have totally changed the habits of bufinefs, and there are hardly any traces ef that now left, and that fort of thing is impracticable. I made fome inquiry what might be done (the fubject, you fee, was not totally put of my thoughts) if it fliould fo happen that the neceffities'of public juftice fliould extort from us a departure from the general rule : and the Sheriffs, who have been always difppfed to dp what is right for them to do, and to give us all the afliftance that is poflible, did promife that they wouldj endea vour to accommodate the Jury in this houfe : whether that can -be done, or whether we can depart even from that ftrictnefs, and fuffer the Jury to go to their own houfes, upon the application of the prifoner and the confent pf the profeeutor, taking their word of honour that they would have np communication with any body upon the fubject pf this caufe ; that is a queftion upon which 7 I fhould ( 255 ) I'fhoiild much wifh fo hear what my brothers have to fay, after afking the queftion again of the Sheriff, what ean be done here ? Mr. Sheriff Earner. My colleague and I have made the beft provifion the place will admit; we have prepared a ropm and beds. Lord Chief Juftice Eyre. It is a diftrefling thing to put the Jury into thefe circumftances, which I fhould be forry for, but it is better than fitting up for three days and two nights, which, for any thing I can fee, muft be the cafe. I am very ready to take my (hare of the fatigue, but my apprehenfion is, that the caufe cannot be fo effectually tried as it would be if the Court and Jury had the refrefhment of food and reft. Mr. Erfkine. It is impoffible to figure to one's felf a more delicate fituation than that which we hold who ftand as Counfel for a perfon who is upon trial for his life : at the fame time, my Lord, I can have no difficulty in faying that I fhould think the prifoner at the bar perfectly fecure in taking the folemn word of honour of each Gentleman upon the Jury that he would not be approached (as no Gentleman upon the Jury would be approached) by any man living upon the fubject of the caufe': and I am very fure that, if I could not depend upon the word of honour of each Gentleman of that Jury, in fulfilment of that pledge, I fhould ad drefs them to very little purpofe, even upon their oath. I fhall recommend, as, to the prifoner at the bar, to give that indulgence to the Gentlemen, under the very peculiar circumftances of the cafe. Lord Chief Juftice Eyre. I think it is not fimply that he may give that indulgence, I think he muft afk it as neceffary to his defence. Mr. Erfkine. I certainly advife him to afk it. I afk it upon the difference of being in this houfe or going to their homes. The Gentlemen feerri to have paid very great attention to this caufe hitherto ; it is my earneft wifh they may do fo throughout, to the evidence on the part of the Crown as well as to the evi dence on the part of the defendant; and I am willing that they lhall be as free as air, with the fingle reftriction, that they will not fuffer themfelves to be approached in the way of influence ; and the ( 256 ) the Gentlemen will not think it much that that fhould be re quired, confidering the very peculiar nature of this cafe. Lord Chief Baron Macdonald. The reafon why the Jury fliould never feparate was, that they fhould not give in their verdict under any improper impreffion ; but if that fliould fuperinduce an utter impoffibility that juftice could be done either by the Jury or the Bench ; nay, by the witneffes poffibly, whofe recpllectipn, if they fit up for many hpurs, muft be extremely, imperfect: and if the Gentlemen at the bar cannnt dp juftice to their clients pn either fide, — if that is the cafe, and juftice cannpt be dpne, ypu muft look to the prifoner, his cafe requires equal regard. The profecu- tor's evidence had the opportunity of being heard when the Jury were frefh ; now, if they are incapacitated to attend to his cafe in the Way that his cafe requires, juftice will npt be dpne to him. If we are under the abfolute neceffity pf departing in fome degree from the ftrict. rule, I think we fhpuld depart as little as ppffiblej and, therefore;, I confefs the pnly hefitatipn iri my mind is be tween the Jury's being accpmmpdated here and their going home to their own houfes : I have a great deal pf difficulty, I own, about that. Mr, Erfkine. I wifh to be underftood that it was a matter of great indifference to me, and it only arofe from a defire I had in my mind that the Jury fliould not be deprived of going home to their own families for want of a confent from me, and I am per fuaded I hazard nothing by that confent. Mr. Garrow. We have the fame anxious defire, provided it can be done confiflent with the rules pf law, that the Jury may be accommodated. Lord Chief Juftice Eyre. If the Jury live at a great diftance, they might rather choofe to fleep here. One of the Jury. I live at Marybone, and am rather an inva lid, but I would rather go home. Several of the Jury faid they wijhed to go home. Mr. Baron Hotham. Mr. Erfkine ftated himfelf to be in a yery delicate fituation, which he certainly is ; and it is impoffible for him not to fee that the Court alfo are in a very delicate fitua tion j ( 257 ) tion; becaufe, as to ourfelves, if the -adjournment is to take place, every body knows that there is no reafon why we fhould be kept in this houfe ; we may go to our refpective homes ; at the fame time, there never has been an inftance of a Jury fepa- rating, and going away in the manner that is now propofed. I confers I think that there may be very ferious confequences from it. As to the neceflity, I think nobody can refift it; it is evi dent that the trial muft go to fuch a length, that it cannot be proceeded upon fafely without fome fort of an adjournment of that kind : but I do forefee very ferious difficulties hereafter, as well as perhaps in this very cafe, in Gentlemen going home, and feparating themfelves. It is a very delicate and unpleafant fituation to be obliged to fay to Gentlemen that they muft be kept here all night ; but really, if I am forced to fpeak, I think. that they ought not to feparate. Mr. Juftice Buller. Here is an Alderman who remembers the trial of Bet Canning; he informs me that, to his knowledge, the Jury went home during that trial. Mr. Alderman Newman. I remember it perfectly well ; I fpent the evening with one of the Jury. Lord Chief Juftice Eyre. Do you think you are able to go on all night? if you do go on all night we fhall make but a certain progrefs, and I am afraid we fliall be in no condition to purfue our bufinefs to-morrow. Mr. Juftice Buller. I underftand the Sheriffs have beds pre pared here for all the Jury. Mr. Sheriff Earner. There are beds and mattraffes prepared. Lord Chief Juftice Eyre. The rule of law is clear beyond all doubt; at the fame time, the neceflity of public juftice arifes diftinctly and vifibly, and is felt by all mankind : in my appre henfion, that will juflify a departure from the ftrict rule, but it will only juftify that departure as far as the neceflity goes, and 'there the difficulty is : but, to be fure, if the Jury can be accom modated, and can have that refrefhment which is neceffary to go on, without feparating, then the neceflity I have been fpeaking. of does not carry them through the whole cafe of being allowed to feparate. As there is no doubt in any- body's mind about it, i we v *58 ) we muft defire the Sheriffs to give the Jury all the accommoda tion they can furnifh them'with, and we muft defire pf them to fubmit to a difficulty which I am very forry is impofed upon them, but which I do not fee any means of avoiding. Bailiffs muft be fworn to attend the Jury. The Counfel for the pri foner will obferve, that the record muft be made up as of the firft day of the trial. . Mr. Erfkine. Be it fo, in the moft emphatical way, for the purpofes of law and juftice. Four Bailiffs were fworn to attend the Jury. Mr. Erfkine. My Lord, all this immenfebody of papers has been feized, and been a long time in the hands of the officers of the Crown— We applied to fee them, but were refufed— we applied to the Privy Council, and were refufed — we were referred to your Lordfhip, becaufe they knew your Lordfbip could not grant fuch a requeft— we are therefore here with all thefe papers tumbled upon our heads without the leaft oppor tunity of examining them, and yet from this mafs of papers, which the Attorney General took nine hours to read, the act of compafling the King's death is to be collected. From a view of the whole, I truft your Lordfhips will be difpofed to indulge me— indeed I fliall expect, in juftice to the prifoner, that I may have an opportunity, before I addrefs the Jury uppn this mafs of evidence, to know what is in it, becaufe ybur Lord fhips muft very well know that, though taking all the pains I can tp lopk at it as it is read, yet it is quite imppflible for the human mind to take h in, pr form any idea of it, withput an hour or two at leaft (for I fhpuld not require mpre) tp take it intp ccnfideration. When I lopk acrpfs the table, and fee I am addreffing myfelf to bpnpurable gentlemen of the profeffion, who know the fituation I am in, I cannot doubt their confent-— and the reafon I mention it npw is, that there may npt be any inconvenience to your Lordfhip in praying this upon the fudden. I declare, upon my honpur, as far as relates to myfelf and my Friend who is affigned as Counfel for the Prifoner, we have no < 2S9 } no defign whatever to trefpafs upon the time and patience of the Court, and your Lordfhips have feen to-day how little of your time we have confirmed — we have no defire upon earth, I ap peal to God in it, but to dp pur beft, to' do juftice to the perfon your Lordfhip has affigned us Counfel for. Lord Chief Juftice Eyre. We fhall certainly be difpofed to give he Counfel for the Prifoner all reafonable opportunity to make the beft defence the nature pf the cafe is capable cf. I ob ferve the greater number of papers that have been read, and the moft inportant as yet, are papers that are printed, and before us, therefore, there can be no difficulty as to them, for I. haver no doubt that the printed papers have been very well canfidered •—¦To- morrow we fhall fee what the papers will be ; if there are any which appear to n% or fhall appear to you, to be papers that require a careful catling your eye over before you prepare for your defence, I fhall certainly propofe to the Court that you fliould have a reafonable opportunity for fo doing. Mr. Erfkine. Thole that are .p-int-ed are thrown together, your Lordfhip muft obferve, in a ftrange way. Lord Chief Baron Macdonald. With refpect to the complaint of the Privy Council, there is no inftance, I believe, of their ever fufrering fiich a communication. Mr. Erfkine. I am not complaining of the Privy Council — we were referred by the Privy Council to the Crown, and by the Crown to your Lordfhip. Lord Chief Juftice Eyre. I do not think it poflible for the Court to have interfered upon any ground. It is one thing to permit the prifoner to fee the evidence that is to be made ufe of againft him, and it is another thing, if it fhould fo happen, that in the feizing of his papers there are papers not fit to be made ufe of againft him, but that are neceffary for his defence, that fuch papers fhould have been feen ; in that cafe, I appre hend that upon an application to the Privy Council or the Se cretary of State, that they would do what public juftice requires — order accefs to fuch papers. The papers which are to be produced by the profeeutor, a prifoner never has by law, nor ought to have. ( a6q ) have, an opportunity of examining till they are produced in evidence. Papers that are not neceffary for the profecution, but neceffary for his defence, come under a very different predica ment, and I think the rule held upon them would be very dif ferent. Mr, Law. The papers in the cafe of Mr. Sayre had been feized, and the Chief Juftice faid, give nptice of the papers you want, and move for them. Lord Chief Juftice Eyre. If ypu afked to lppk at thpfe papers which were intended to be prpduced againft you, I do not think that was right. Mr. Gibbs, We afked to lpok at that bopk, that we might fee what papers were neceffary for our defence. Lord Chief Juftice Eyre. I believe we had better not difcufs the thing npw. Adjourned (it now being a quarter poft 12 o'clock on Tuefday morning) to eight o'clock. SESSION- ( a6i ) SESSION HOUSE IN THE OLD BAILEY, 4 JVednefday, October 29th. PRESENT, Lprd Chief Juftice EYRE ; Lprd Chief Barpn MACDONALD; Mr. Baron HOTHAM; Mr. Juftice BULLER; Mr. Juftice GROSE ; And others his Majefty's Juftices, &c. • Thomas Hardy fet to the bar. Mr. John Gurnell. I found this letter among the prifoner's papers. [It was read,] " Dear Sir, London, the $th Ottr. 1 793. 44 With pleafure I perufe your favour of the zd inft. but as 44 yet have feen nor heard nothing of the two copies of Mr. 44 Muir's trial, which you mention as being fent to the Society 44 and myfelf; be kind enough, notwithftanding, to return that 44 gentleman thanks for his polite attention, and affure him, that 44 we view him in the light of a martyr to freedom as well as Mr. 44 Palmer, and that our warmeft hopes are, that the oppreffors 44 of mankind will either be afhamed or afraid of carrying their 44 revengeful malice into execution. 44 The general Convention which you mention, appears to Mr« 44 Margarot (to whom alpne I have cpmmunicated your letter) 44 and myfelf to be a very excellent meafure ; and as fuch, I 44 could wifh you without delay to communicate it officially to our 44 Spciety, withput any ways mentioning that ypu had written 44 to me privately. If, in ypur pfficial letter, you fhould require 44 of us to fend a deputation to that meeting, I have no doubt 44 but our Society would with pleafure accept the invitation ; and T " I am ( 262 ) 44 1 am perfuaded it wOuld dp much gopd. Our freedpm, as 44 you juftly pbferve, depends entirely uppn ourfelves, and upon 44 our availing ourfelves of this opportunity, which, once loft, 44 may not be fo foon recovered. I am glad to difcover by your 14 teftimony, that I was not miftaken in the high opinion I al- 44 ways had of Lprd Daer's patriotifm ; a title may be a bar to 44 difinterefted patriotifm, but it feems, he has evinced it not to 41 be an infuperable one. 44 You are right, it is true, that we have had another general 44 meeting, at which a haftily compofed, and fuddenly produced 44 Addrefs to the King Was read, applauded, and agreed to be 44 prefented, but on a copl revifal, the faid addrefs being found 44 tp be mpre ill-natured than fpirited, mpre dangerous in its 44 language than advantageous ip its object, befides being too 44 long, the Committee, with the approbatipn pf the Society, 44 have adopted another much fafer, more appofite, and relating 44 folely to the war — inclofed you have a eppy pf it. But you 44 was mifinformed, when you was told we paffed any refolution 44 at that meeting, for we only came to one, and that rather of 44 a private nature, namely, that the conduct of Sir James 44 Saunderfort in preventing the meeting pf the London Cpr- " refppnding Spciety at the Globe Tavern, Fleet-ftreet, was 44 of fuch a nature as to place him below our cenfure. — Dear 44 Sir, pleafe to write to the Society as foon as poflible, officially. 44 1 am, moft fincerely, 44 Your fellow-labourer, 44 And well-wither, 44 Thomas Hardy. 44 P. S. Mr. Matgatot defires to be remembered to you in 44 the mpft afftctipnate manner. Dp not in future, on the ad- 44 drefs ef ypur letters to me, mention any thing pf the Lpndon 44 Correfponding Society, for it was a thoufand to one that I 44 received that letter by poft." 44 Mr. Wm. Skirving, Head of the 44 Horfe Wynde, Edinburgh." Mr. Thtmas Maclean. I found this letter at Mr. Adams's. Mr. Wood to Alexander Grant* Look at the indorfemeut on this ( *63 ) this letter. Do ycU believe that to be the prifoner's hand- Writing ? A. The indorfement is — " To be returned to the Committee 44 on Thurfday next."— I believe that is Mr, Hardy's hand writing. [It was read,] 44 Brother Hardy, Edinburgh, Oct. 5th, 1793* 44 The letter and this paper will explain themfelves. I was at c< a meeting on the day this mentions, and the determination of 44 the affociation are univerfal fuffrages and annual parliaments, 44 and it was the Unanimous defire and wifh of that meeting; 44 that two perfons, if poflible, fliould be fent from our Society K in England, as delegates, to meet our dear northern friends 44 in the enfuing convention. I muft earneftly defire the faid " wifh of our friends here may be complied with, as it will add 44 to the dignity of our affociation in particular, and to the con- 44 vention in general, and will further the common caufe much, 44 in a way the judgment of our affociation muft hit upon, with- ." out any explanation of mine. If any perfon could be elected 44 of found principles, a clear underftanding fpeaker, with a long 44 head and a good warm heart in the caufe of freedom, having 44 it in view, and not his own aggrandizement, fuch a delegate 44 would be of great fervice. If fuch a one is chofen, he muft 44 be here by the twenty-ninth day of this month, as the conven- 44 tion meets on that day ; and if my poor feeble efforts will be 44 of any fervice to the convention as the other delegate, the 44 Loncjon Correfponding Society may command me for ,th« 44 fupport . Where did ybu find this paper ? A. It was found among the papers of William Skirving, Se cretary to the convention at Edinburgh. Alexander Grant faid he believed it to be the prifoner's hand writing. [It was read."\ 44 Dear Sir, London, 25th OMr. 1793. 44 According to protnife, I have this day to acquaint you, 44 that we had yefterday a general meeting of the London Cor* 44 refponding Society, for the purppfe of .taking into cpnfidera*. 44 tioh your kind invitatipn to fend two delegates to the conven- 44 tion Which is to be held in Edinburgh. The Society have for 44 that -purpofe made chpice pf Maurice Margarpt and Jofeph 44 Gerrald, who will bpth be with ypu fhordy, and will delrveh: 44 into your convention their vouchers of delegation. For the 44 recital of the curious incidents attendant on our .general 44 meeting, I refer you to the delegates themfelves. 44 1 am, moft fincerely, 44 Your refpectful friend and well-wifher, "Thomas Hardy." 44 No. 6, Piccadilly. 44 Mr. Wm. Skirving, head of the 44 Horfe Wynde, Edinburgh." Mr. Weed to Mr. William Scott. Where was this papefc found j A. It ( 26S ) A. It was found am,ong Skirving's papers. Mr. Gibbs. You found this yourfelf, I fuppofe. A. I did not. £). Then you fhould not have anfwered in that manner. A. The queftion was put in fuch a way that I thought I was bound to give a direct anfwer. I will explain the circumftance. On the 4th of December, the proceedings of the Convention had attracted the notice of thofe in Edinburgh who had the charge of the police — Mr. Gibbs. We do not want all this ; we pnly want to know whether you faw this found, or faw it in his poffeffion ? A. I did not fee it. Lord Chief Juftice Eyre. What dp ypu know about the paper ? A. A warrant was iffued at my inftance j the papers fcund in his poffeffipn were put into two bags, and fealed up j the bags were brought fealed from Skirving's lodgings to the office where he was examined. Lord Chief Juftice Eyre. Where was you at that time ? A. I was prefent ]u the office when he was examined. Lord Chief Juftice Eyre. Then the firft time you faw any thing of riiis paper was when it was produced at the office by a perfon who brought it in a fealed bag : is it fo ? A. Yes. Mr, Wood. And opened in the prefence of Skitying ? A. Yes. Lord Chief Juftice Eyre.- He has proved, that upon a war rant having iffugd tp apprehend Skirving there was a fealed bag brought to the office ; Skirving was prefent, and that felled bag was opened, and the letter was produced. 4>. (to Alexander Grant.) Look at the fignature tp this paper ; do you believe that to be the prifoner's haridTwriting ? A. Yes, I believe it is. £>. Do you know any of the other fignatures ? A. I do not, [It was read."] 44 Articles of inftruction given to Citizen Jofeph Gerrald, dele- 44 gate from the London Correfponding Society to the enfuing T 3 " Convention ( 266 ) 44 Convention in Edinburgh, for the purpofe of obtaining a 44 thorough parliamentary reform. 44 ift. He fliall on no account depart from the original object " and principles of this Society, namely, the obtaining annual 44 parliaments and univerfal fuffrage by rational and lawful means. 44 2d. He is directed to fupport the opinion, that reprefenta- 44 tives in parliament ought to be paid by their eon'ftituents. 44 3d. That the election of fheriffs pught to be reffored to 44 the pepple. 44 4th. That juries plight tp be chofen by lot, 44 5th. That active means ought to be ufed to make pvery 44 man acquainted with the rights and duties of a juryman. 4C 6th. That the liberty pf the prefs muft at all events be fup- 44 ported, and that the publication of political truths can never 44 i}e criminal. 44 7th. That it is the duty of the people tp refift any act pf 44 parliament repugnant to the original principles of the confti- 44 tution, as would be every attempt to prohibit affociatjons for 44 the purpofe of reform. " 8trj. That this Society, confidering all party names and. 44 diftinctions as hoftile to the general welfare, do'abfolutely re- 44 ftrict their delegate from affuming or accepting any thing of 44 that nature. 44 9th. That this Society further require, that the delegate 44 fliall be punctua} and frequent in his correfpondence with this 44 Society. Rd. Hodgson, Chairman. 44 General Meeting, Thos. Hardy, Secretary.'' 44 24th Oar. 1793." 44 Inftructfons to Citizen Gerrald, 44 London Correfponding Society, No, 3." Mr. Wood to Mr. William Scott. Were thefe papers found iri the fame manner r A. Yes, both thefe were found at the fame time. Alexander ( a67 ) Alexander Grant faid he believed this te be the prifoner's fignOm ture. [They were read,] tl At a general meeting of the London Correfponding Society, 44 held at Citizen Briellat's, Hackney-road, 24th Oct. 1793. 44 This is to certify, that Maurice Margarot was this day 44 duly elected a>delegate to reprefent this Society at the enfuing " Convention to be held at Edinburgh, for the purpofe of obr 44 taining, a tljorough reform in the parliamentary reprefentation 44 of Great Britain. 44 Richard Hodgson, Chairman. 44 Thomas Hardy, Secretary." *4 Certificate to Citizen Margarot, London Correfponding Society. 44 Mr. Wm. Skirving. 44 Certificate of Citizen Margarot.'' 44 At a general meeting of the London Correfponding Society, 44 held at Citizen Breillat's, Hackney-road, 24th Oct. 1 793, 44 This is to certify, that Jofeph Gerrald was this day duly 44 elected a delegate to reprefent this Society at the enfuing Cort- 44 vention to be held in Edinburgh, for the purpofe of obtaining 44 a thorough reform in the parliamentary reprefentation of 44 Great Britain. 44 Richard Hodgson, Chairman. 44 Thomas Hardy, Secretary," 44 Citizen Gerrald's Commiflion, London Correfponding So* ciety. Signed Thomas Hardy. 44 Mr. Wm. Skirving. ; *l Certificate of Citizen Gerrald." Mr. William Scott. Thefe papers were found in the fame way, and at the fame time. Alexander Grant faid he believed the Jignatures to be the prifoner's handrwriting. ¦ T4 [They f 268 > [They, were read.] 44 Fellow Citizens, London, Nov. 8, 1793. 44 I duly received ypur favpur of the 4th inftant, and laid it be- 44 fore the Committee pf Delegates laft night, whp were anxiotifly 44 waiting for intelligence from Edinburgh, and were welt fatisfied 44 with the agreeable accpunt pf the great number and zeal of the 44 friends of freedom in Scotland. That part of your letter which 44 mentions your vifiting different towns in Scotland, for the pur- 44 pofe of' prompting the caufe, they were pleafed with the idea, " but they thought tfcat it could not be put in practice on ac- 44 count of the neceffary fupplies, which come in but very flowly, 44 It is to be mentioned in the different divifions. We have 44 elected J. Baxter (by ballot) as Chairman of the Committee 44 for the remainder of the quarter. We have alfo appointed a 44 Committee of Conftitution, feparate from the Committee of 44 Delegates ; one member is chofen from each divifion, to meet 44 on this night for the firft time, and to be totally unconnected " with the Committee of Delegates. We ftill increafe in num- 44 her, and the addrefs to the King to put an end to the war is or- 44 dered fo be advertifed to receive fignatures in the Cpurjer, 44 Chronicle, Ayres's Sunday Gazette ; afterwards by hand-bills, "¦ &c. We have ppeaed a correfpondence. with a new Society at 44 Briftol. I have to inform you of the wifh of the Society that 44 you would favour them with the number of Delegates in the Con- 44 ventfon, and the number from England alfo, and how the eivil 44 and military power relifhes your meeting ; and that you would 44 fend fuch a report from the Convention as might appear in the 44 newfpapers in London. Send me an Edinburgh Gazetteer 44 when there is any thing in it of importance. I would have fent 44 you a Courier, but they informed me that they fent feveral to 44 the coffee-houfes and taverns in Edinburgh ; for that reafon, I 44 thpught it unneceffary. I hope to have more time to write to 44 you more fully next time. As, Sir Jofeph Murray fays, the 44 poft is juft gping off, no more at prefent fiora " Thomas Hardy, Secretary." AMreffed W the back : « Mr. Margarot and Mr. Gerald, Delegates from London." 44 Fellow ( 269 ) 44 Fellow Citizens, " London, Nov. 15, 1793. 44 I received your official letters of the 7th and 12th, and 44 Maurice Margarot's private letter of the 1 ith, all in due courfe. 4< At the Committee of Delegates laft night, after hearing the 44 report ef the different delegates — the rapid influx of new mem- 44 bers — there was feveral places mentioned in different fituations 44 in town, both iii public and private houfes, for new divifions of 44 the London Correfponding Society to meet at— fome haveaj- 44 ready taken place, others will next week. — Afterwards, the " correfpondence was taken into confideration. Ypur official 4< letter was read, and much approved of, and copies of it taken 44 for the ufe of the different divifions. It feems to be the gene- 44 ral wifh of the different divifions of the Society for you to con- 44 tinue as long as you can be of real ufe to the caufe; but it 41 wholly depends upon the thing neceffary, money. We have hit 44 upon an expedient, which we mean to put in practice in two or 44 three days, that promifes fair to bring in a confiderable revenue. " I fhall inform you of it in my next. Thofe whom you gave 44 directions to call upon has fallen far fhort of that liberality 44 which you expected. The Committee laft night gave me or- 44 ders to tranfmit to you twelve guineas ; I inclofe you a draft " on Sir William Forbes and Co. for that fumt Next week I 44 hope to be able to fend you more. There was' another report 44 of Mr. Froft being to be pilloried on laft Tuefday and Wed- 44 nefday 5 but it happened that, On Wednefdey, a Charles Leflie 44 ftopd in the pillory at Charing-crofs for a crime fhocking to mention. Mr. Froft is not very well at prefent. TheConfti- 44 tutional Society have adjourned for a month from laft Tuefday. 44 The reafon why Mr- Yorke djd not gp from that Society was, 44 that he wrote a letter to them, informiijg jthem that he would not 44 go unlefs they would pay him the whole of the mpney down. I 44 have only given you a fornmary accsufit of our proceedings j 44 but ypu know-how I am fituated both in the day and in the 44 evenings, that I cannot command a quarter of an hour to my- 44 felf ; therefore I hppe ypu will excufe me for being fo laconic. 44 1 have ma^e the fitua&ipn of M. r. Muir as public as I could : it " throws . to Mr. William Scott. Were thefe papers found in the fame manner as the other papers ? A. They were. ' Mr. Bower. Thefe are the proceedings of the Cpnvention. Mr. Erfkine. I confefs I am, not Very anxious to fhut out any . evidence. I very probably do not underftand it; but I do not fee how it bears upon the Cafe. As the cafe ftands at prefent, the evidence is this. This Spciety was formed, the pbject pf its fprmatipn has been read in evidence, fubject to fuch conftruction as the Gentlemen of the Jury uport their oaths fhall be difpofed to put upon it, in connection with all the reft of the evidence. They appoint two delegates to attend this Edinburgh Conven tion, and your Lordfhips will have the gpodnefs alfo to recollect, that the holding of that Convention is not an act which is charged at all upon this recerd ; but the confpiracy, as it is called, was to affemble another Convention at a very diftant period after this firft Convention had been difperfed. We had it in evidence recently, we have all heard within thefe five minutes that thofe two Gentlemen who were appointed as delegates to reprefent the Correfppnding Society,- of which the Gentleman at the bar was Secretary, had inftructions given them, which ( 275 ) which inftructions directed thefe delegates to purfue clofety thofe: rules and inftitutions of the Society which have been read in evi dence. Therefore, my Lord, if they have— 4 do not know that they have, nor do I care whether they have or no— if it fhould turn out in the proceedings that are now propofed to be read, that this Convention at Edinburgh did, in the moments of heat and irritation, which I take for granted always muft belong to perfons in the fituation in which they were placed — if they had writtep or faid, or done any thing ; nay, I will go further, if Mr. Margarot has done any thing, or faid any thing, not within the fcope of the inftructions given to him, which inftructions have been read in evidence, and which inftructions refer alfo to the inftitution of the Society, which has been alfo read in evi dence, I humbly contend that cannot affect the prifoner in any way : and give me leave for a moment to call this to the ferious confideration of the Court. The defendant is charged with no act of the Edinburgh Con vention ; no, he is charged with that which, if I cpuld believe him one moment in my mind to be guilty of, although I muft ftand here to do my duty towards him, yet I fliould do it in another faftiion than I mean to perform it — he is charged with compafling and imagining the death of our Sovereign Lord the King, whofe life is dear, my Lord, to all the kingdom ; in order to prove that he had from the beginning that wicked intention, for that wicked inten tion is the foundation pf the whole proceeding, and np act can be given in evidence before ypur Lprdfhips, npr will I fit here filent to hear any act given in evidence that dpes not gp tp fhew the prifpner at the bar had that wicked cpmpafling. I admit that, if they can fhew that any inftructions were given to thefe two men, which inftructipns carry uppn the face cf them (and whether they carry it uppn the face pf them pr no is fubject to the con fideration that they are to receive from the Jury) evidence of that wicked intention, or that that intention can be proved by any thing that is like . inference or conftruction (for this is not an extenfion of the ftatute at all) this is matterof evidence. My friend Mr. Gibbs and myfelf have fat filent; your Lord fhips, I am fure, muft agree that we have given no fort of trouble i to ( 276 ) to the Court, nor do I mean in the progrefs of the caufe to give trouble to the Court ; when, therefore, they read any thing that comes from Mr. Hardy, or any thing that does not come from hirn, though he is the mere inftrument, as the Secretary of a body of men, yet if he mixes in it, we have never objected to it as evidence"; but when they propofe to read, I do not know what it is— probably I am wafting my own breath and your Lordfhip's time in oppofing that which will be of no cpnfequence, perhaps, when it cpmes to be read ; but when I ftand here defending this man, who holds his life under the law, and I am not defending his life only, but my own life, and the life of every man in the ceun- ity, I muft take care that the rules of evidence are pbferved — I wifli to know the nature, and the quality of the paper. If it be fomething Mr. Hardy is cognizant pf, if they can fhew that the proceedings of the Convention were known to and approved of by Mr. Hardy, my objection falls to the ground, and I have no thing to fay about them. Lord Chief Juftice Eyre. I take it for granted they mean to do that, becaufe, otherwife, the proceedings of the Cpnvention at Edinburgh can be nothing in this caufe. Mr. Bower. There are fubfequent approbations pf them withput end ; we fhall read evidence enough pf that by and by. Lord Chief Juftice Eyre. There is enpugh, in my ppinipn, to let in the evidence ; the application pf it is quite another confi deration : this is the act of a body, to which this prifoner fent perfons to act in his name ; he may afterwards to be fure object that they exceeded their commiffipn, and therefore they are per- fonally refppnfible ; but 1 think that wilt be pbfervatipn upon the evidence, it is ne objection to the evidence. Mr. Erfkine. I am perfectly fatisfied ; I pnly wanted to know what we were about. Mr. Solicitor General. Mr. Skirving muft be confidered as agent to the Society, and it is extremely important, as it feems to me Lord Chief Juftice Eyre. It is agreed to be read, fubject tp the obfervations that may arife upon it. [The paper read,] GENERAL ( 277 ) GENERAL CONVENTION. f" Edinburgh, 29th Octpeer, 1793. 44 Mr. Jphn M4Intyre being called to the chair, the following; commiffions were given in, read, and found valid, viz. 44 From 44 The Potterrow Society. 44 In favour of 44 Meffrs. Adam Pringle, John Clark, James Bell, Thomas Noble, James Paterfon, Randolph Slack, Thomas Bell, George Turner, James Dun, George Cotton, James Purves, Prefes, James Tod, Secretary, Thomas Watfon, James Bell, John Gilchrift." 44 Newtown. 44 John Milne, P. John Laidlaw, S." 44 CoWGATE. 44 Alexander Reid, Charles Salter, Ifaac Salter, George Cal- lum, William M4Cubbin, John MTntyre." 44 Canongate, No. 3. 44 John Laing, David Taylor, William Robertfon." 44 Dundee, Friends of the Conftitution. 44 Rev. Mr. James Donaldfon." 44 Dundee, Friends of Liberty. 44 George Mealmaker." 44 Dundee, Friends of the Conftitution. 44 Rev. Mr. Neil Douglas." 44 Newmilns. " James Campbell of Newmilns." 44 Newtown. 44 David Bertie, John A'uchinleeh, John Muir, John Noble, John M4Arthur, Alexander Knox, Archihald Gray, John Graham, James Bourdon, William Urquhart, John Hodge, Alexander Bremner, Andrew Newton." 44 Glasgow, Friends of the People. 44 Robert Peacock, John Stark, John Gartley, James Gart- ley, John Hanchilwood, Walter Hart, William Miller, James Little." U " Gorballs, ( 27S ) 44 GoRBALLS. 44 George Miller." "Dunfermline. • " James Boyd, John Morris, John Philip." 44 Strathaven. 44 John Mitchell." 44 Paisley. " John Taylor, Thomas Bpwie, Archibald Haflie." " Pprtsburgh. 44 Peter Hardie, James Richmond, Taylor, James Tweedie, Jofeph Smeall, Jphn Dickfon, Jphn Richmond, Adam Richmond, William Skirving, Efq. Peter Wood, John Thomfon, George Anderfon, James Smeall, Fre derick Milne, William Moffat." " United Spcieties pf Kirkcaldy and Linkton. 44 William Tpd, James Hatley, Henry Rait." 44 Linlithgow. 44 Adam Dawfon, William Marfhall, William Henfhelwood." 44 Canongate, No. i. and 2. 44 Alexander Bell, John Buchanan, Alexander Fortune, James Somervaiil, Alexander Aitchifon, Archibald Wright, Alexander Callender, Richard Younger, John Wardlaw, William Simpfon, John Johnfton, Thomas Kennedy." 44 Water of Leith. 44 Arthur M'Ewan, Robert Orrock, William Farquharfon, William Gofport." 44 Perth. 44 Robert Sands." 44 Linton, Eaft Lothian. 44 John Hepburn, P. George Milne, Andrew Taylor, Sec. 44 Operative Society, Edinburgh. 44 Jphn Thynne, Gordon Murray, Thomas Miller, Jcjhn Baillie, Alexander Cockburn, William Johnfton." 44 Hamilton. 44 John M4Laren." " Bridge-Street. 44 Archibald Binney, Mitchell Young, Alexander Scott, Andrew ( 279 ) Andrew Simpfon, David Downie, John Inglis, Alex ander M4Kenzie, James Carmichael, JohriKiric, James Fergufon, James Wilkie, David Lyon, George Cle land, William Fleming, James Foyar, William Eel- beck, William Rofs, Ebenezer Stalker." 44 Lawriston. 4i David Weir, John Dunn, John Braidwood, David Gowans." 44 Lawnmarket, Edinburgh. 44 Thomas Cockburn, James Lawfon, Charles' Ritchie, John Grindlay, John Wilfon, John Wyld, William Roma- nus, Samuel Paterfon, J. Thomfon, John Gourlay, Mr. Burn." 44 Dalkeith. 44 Peter Leyden, James Mutter, Thomas Taylor, William Watfon." 44 Calton. 41 Robert Chriftie, William Philip, James Smith, William Brodie, Peter Hunter, William Boyd." 44 Kilmarnock. 44 John Ronaldfon, Thomas Boyd of Caprickhill, William Muir, James Cunningham." 44 Auchterderran. 44 John Tod, John Chalmers." 44 Kirkintilloch. 44 William Hay, David Brown." 44 Pennycuick. 44 James Smith, Robert Smith, John Jackfon." *4 Lennoxtown. 44 John Brown." 44 Path-Head. . 44 John Halley, Robert Rait." Additional Delegations. 44 Shotts. 44 William Martin of Moorhall." 44 WlGTON. 44 Lord Daer." U 2 4t Crown ( 280 ) 44 Crown and Anchor, London. " Charles Sinclair, Henry Yorke." 44 London Corresponding Society. 44 Jofeph Gerrald, Maurice Margarot." 44 Sheffield Constitutional Society, 44 Mathew Campbell Brown." 44 Glasgow, United Scotfmen. 41 Robert Peacock, John Stark." 44 MlLTOWN OF CaMPSIE. 44 Dugald Murray." 44 Mid Calder. 44 Thomas Tweedale." 44 Whitburn. 44 George Waddel." 44 Tradestpwn. 44 John Gartley." 44 Canpngate, Np. i. and 2. -" William Campbell, Geprge Malcolm. 44 Newton. 44 (Apology, figned I. M.)" 44 Montrose. « Colin Nowie." 44 Canongate, No. 3, 44 James M'Kay, Peter Moffat, Alexander Plenderleith." 44 Broughtpn. 44 William Bpnthron, Jpfiah More, John Fairley." 44 Mr. Purvis paid to the general fund, from the Potterrow Society, il. is." 44 The Prefident having cpnftituted the meeting by prayer, was continued in the chair unanimoufly." 44 A letter was read from Meffrs. James Bifhop and Alexander Dpve, Prefident and Secretary of the Society at Johnftone, con ¦ taining their fentiments on public reform, with an apology for not fending delegates ; and concluding with a very juft compliment to Thomas Muir, Efq." 44 A firiiilar ( 28l ) 44 A fimilar letter of apology was read from Woodftow, and another from Mr. Thomas Watt at Dunbar." 44 The Secretary alfo read a letter from Mr. John Chalmers, Secretary to a Provincial Convention, held the 15th current at the New Inn in Fife, containing the refolutions of that meeting refpecting a Committee of Correfpondence, an Addrefs to his Majefty to difmifs the prefent- Miniftry, and put an end to the war, &c." 44 Mr. Callender moved, that the Houfe fliould be purged of ftrapgers." 44 Mr. Binny moved, that a particular part of the Houfe be allotted for vifitors, who fhould be admitted upon paying one (hilling each. At laft it was refolved that all prefent fhould go as near the door as poflible, and each delegate anfwer to his name in the order of the roll. After which it was refolved, that, as the Houfe was rather too fmall for the delegates, none elfe fhould be admitted." " Meffrs. Alexander Lamond, David Leckie from Muffel- burgh, Mr. Williams from Manchester, Mr. Hunter, and Mr. Yetts, were allowed to continue as vifitors ; and it was refolved that no vifitors in future fhould be admitted without giv ing in their names to the chair." 44 A letter was prefented and read from Mr. Stephen Gibfon of the Linlithgow Society, refpecting the objects of the affo ciation."' 44 A motion was prefented and read from Mr. William Philip, that " this Convention adopt fome meafures for inftructing the people at large in the nature, principles, and glorious properties of the Britifh conftitution. — Ordered to lie on the table." 44 Letter and commiflion read from Lennoxtown, Campfie, figned by Mr. D. M'Nal, Secretary." 44 Mr. Callender moved, " That this Convention refolve to claim for themfelves and their conftituents the right of univerfal fuffrage and annual Parliaments." 44 A letter from a Gentleman, who does not wifh his name to be mentioned, was afterwards read, which the Secretary had received, accompanying a work in M S, entitled " Review of U 3 the ( 282 ) the Cpnftitution and Government of Great Britain ;" and dedi cated to this General Conventien." 44 Mr. Dpwnie mpved to change the general title of the affo ciations. — Ordered to lie on the table." 44 An anonymous letter was afterwards read, which the Secre tary had received, cevering a guinea note of the Thiftle Bank." 44 A motion was made by Mr. Archibald Wright, that the Convention fliall each night adjourn before io p'clpck.— Agreed toifppffible." 44 A letter was read from the Four United Societies of Ireland." 44 Mr. Bell moved an addrefs and declaration of principles.-^- Ordered to lie over." 44 Mr. Laing made a fimilar motion, which was alfo ordered to lie on the table." 44 Adjourned at £ paft 4, till 6 p'clock in the evening." Epdem Die— Evening Sitting. 44 The Rev. Mr. J. D°naldfon in the Chair. 44 The minutes being read, a motion was prefented and read from Mr. James Mitchell, of Paifley, That a petition be pre fented to his Majefty to put an end to this ruinous and deftruc tive war." 44 Mr. Skirving moved-, that a, Committee be appointed to confider the apologies made for abfence, and to report ; and the following Committee were appointed— Meffrs. Buchanan, Hen- fhelman, with the Prefident and Secretary, and Mr. Clark. ?4 The following gentlemen were admitted vifitors- — Mr. Samuel Brown, from Virginia ; Mr. Reid, Mr. Heron (recom mended by T. Muir, Efq.) David Richie, Mr. Walter David- fon, John Bennet, Gavin Malcolm, and George Malcolm. 44 Mr. Skirving prefented and read a copy of a letter, wrote in name of the General Committee, and figned by Mr. Callen der himfelf, to the Lord Provoft, with his Lordfhip's anfwer. After which he moved, that a Committee be appointed to con- fider pf the anfwer. *4 Meffrs. Buchanan and the Rev. Mrf Douglas thought it merited ( 283 ) merited no reply, not being figned. After fome converfation, the affair was remitted to the fame Committee to confider the Lord Provoft's anfwer, and report to the Convention. 44 Mr. Skirving read the thanks of the General Meeting of the Friends of the People, at Free Mafon's Tavern, dated London, 18th of May, 1793, as returned by them to the Con vention of Delegates at Edinburgh, for their zeal and activity in the caufe of Parliamentary Reform. 44 He alfo read a fimilar letter from Mr. Thomas Hardy, dated London, 5th October, 1793 ; and another, dated London, October 25, 1793, refpecting the appointment of Meffrs. Mar garot and Gerald. " Mr. Skirving next read a letter from Mr. D. Stuart, Secre tary to the Affociation at London, dated Frith -ftreet, No. 7, October 16, 1793. Mr. Binny read a letter from the Con ftitutional Society at Sheffield, dated 27th of May, 1793, and figned William Carnage, Secretary, upon the objects of reform in general, containing fome humourous remarks on the argu ments advanced by the enemies of reform, which were received with great approbation. Mr. Skirving next read the printed paper contained in the faid letter, addreffed to the unemployed artizans, &c. of Manchefter, and containing a number of excel lent remarks upon the calamities of war, figned " Sidney." " Mr. Clark moved, that a deputation be fent this night to wait on Mr. Muir. — Meffrs. Douglas, Wright, and Clark were appointed accordingly ; and Mr. Douglas moved, that a congratulatory letter be fent to Mr. Muir in name of the Con vention, which was agreed to ; and Meffrs. Douglas and the Prefident were appointed a Committee accordingly. , " Mr. Wright moved, that two Members be appointed to dine with Mr. Muir every day while the Convention fits, at the expence of the Convention, which was unanimoufly agreed to, 44 The Depute Secretary read a letter from Henry Ship ley, Efq. Secretary to the Nottingham Delegates, with a copy • of the printed refolutions of their feventh delegated meeting, figned by , Prefident, and H. Shipley," Secretary j and Mr. Skirving read a copy of his anfwer. U 4 « The ( 28| ) 44 The Rev. Mr. Douglas moved, that the Nottingham refolutions fhould be reprinted, with- fuch remarks as might be judged proper, at the expence of the Convention, and circu lated. Mr. Newton moved fome amendment ; Mr. John M'Intyre alfo objected to the republication ; Meffrs. Philips, Aitchifon, Wright, Boyd, and feveral other fpeakers fupported the motion ; whereupon the motion was agreed to, and the follpwing Cpmmittee was appointed : 44 Meffrs. Skirving, Buchanan, Callender, Binney, Clark, from Edinburgh ; Miller, from Garbals ; Douglas and Donaldfon, from Dundee ; Sands, from Perth ; Hart, from Glafgow; Chalmers, from Fife; Boyd, from Dunfermline; Bpyd, from Kilmarnock ; Mitchell, from Paifley j and Hep burn, from E. Linton. 44 Mr. Skirving moved, that a collection be immediately made for defraying charges, and repeated at every meeting of the 'Convention, which was unanimoufly agreed to, and Meffrs. Buchanan and Binny being appointed collectors, there was col lected 2I. 6s. 6d£ . which was delivered to Mr. Skirving, in abfence of the Treafurer. 44 Mr. Skirving next read- a letter from the Delegate Meet ing of the Conftitutional Society at Leeds, dated 24th of May, 1793, and figned by Mr. Charles Handley ; together with a printed copy of their addrefs, declaration, and refolutions, figned by Meffrs. Jofeph Firth and Jofeph Nutter, Prefident and Secretary. 44 Mr. Rofs moved, that the Lord Provoft and Magiftrates fhould be invited to attend our deliberations to-morrow. 44 Mr. John Chalmers moved, to prefent a petition to his Majefty, to fall upon fome expedient for obtaining a general convention of the whole nation, to confider the grievances of the people. 44 Mr. Alexander Bremner moved, that this Convention draw up a few leading features of our grievances, fuch as Cor poration Laws, Teft Acts, Patronage, &c. which are all inimi-t cal to the natural rights and liberties of man,. &c, 44 Mr, John Sinclair moved, that a fubfcription be fet on foot for ( 28.5 ) for the benefit of Mr. Muir. — All thefe motions were ordered to lie on the table. 44 The Secretary read a letter from Colonel M4Lepd, dated the i ith of May, with a copy of his anfwer — whereupon 44 Mr. Callender moved, that a deputation be appointed to wait upon Col. M'Leod, to fee if he flood to his principles. Mr. Callender, the Rev. Mr. Douglas, Mr. Newton, and Mr. Clark, were accordingly appointed to wait on the Colonel. 44 Mr. Alexander Scott moved, that every other gentleman in the fame predicament ought to be waited upon, and their reafons for abfenting themfelves inquired into — and particularly Lord Daer. Mr. Skirving vindicated Lord Daer ; but Mr. George Rofs feconded Mr. Scott's motion, and infilled that it fhould alfo be extended to Mr. Hugh Bell. 44 Upon further arguing, it was agreed to poftpone thefe motions till to-mprrow. 44 All the Committees were appointed to meet to-morrow at ten o'clock, and the General Meeting was appointed to meet to-morrow at eleven — Mr. Gallender's motien to be firft dif- cuffed. 44 Mr. Skirving read a paper, prefented by Mr. Themas Npble, fetting forth in his own name, and that of the Potter - row Society, the neceflity of applying for univerfal fuffrage and annual elections to the Kirig and not to the Parliament. 44 Mr. Clark gave in a verbal report from the Committee appointed to wait on Mr. Muir — that they were very cordially received, and that it was his wifh, that if the Convention wiflied it, fix could dine with him; but that it would be neceffary to apply to the Magiftrates, which, after fome reafoning, was agreed to be done to-morrow. 44 The Rev. Mr. Donaldfon, the Chairman, afterwards clofed the Meeting by a prayer, very well fuited to the occafion, as well as to the times and circumftances ; after which the Con vention was adjourned till to-morrow at eleven. 44 The Convention appointed the Committee of Inffruction to arrange the various motions, and report to-morrow morn ing." 44 Second ( 286 ) Second Day's Sitting. 44 Edinburgh, 30th October, 1793. " The Rev. Mr. Neil Douglas in the Chair. 44 The roll being called, and a bleffing implored in name of the Affembly, by the Prefident, Mr. Scott reported, that the Inner Jailor faid, he had an exprefs order from the Lord Provoft and Magiftrates not to admit. Refolved, that Mr. Chalmers and Mr. Mealmaker dine with Mr. Muir this day. 44 ift. Mr. Rpfs's motion was negatived. 44 Minutes read. 44 Mr. Gpurlay moved, that in addition to the collection made each evening, a fubfcriptipn paper fliall be prefented to the company, for the purpofe of raifing a fum to defray the ex- pences of publications approved of by the Society. — Agreed to. 44 A motion was made by Mr. Miller, one of the Delegates of Glafgow, to draw up an Addrefs to the people — which motion was ordered to be claffed with Meffrs. Bell and Bremner's. ¦ 44 Mr. Sands from Perth, moved, that we fliould agree upon the future proceedings of the Friends of Reform, and explicitly declare our principles. 44 Mr. W. Hart moved, that it fliould be recommended to the Editors of political pamphlets to print part of them on coarfe paper, for cheapnefs. 44 Mr. M4Arthur moved, that a public prayer fliould be made by the Societies, for the Lord's afliftance in the caufe of Re form. 44 Mr. Gartley, from Glafgow, moved, that the Convention fliould take into its confideration the refolutions entered into by the Convention laft year, for fupporting members oppreffed by the arm of power. 44 Mr. Archibald Wright moved, that by the revolution fet- tlement, Delegates have liberty to meet and confult upon their grievances. 44 Mr. Newton moved, that the Convention, when fpeaking of the conftitution, fliould drop the word glorious, and fay the purity of the conftitution. 44 Moved, ( 287 ) 44 Moved, by the Rev. Mr. Neil Douglas, to publifh a difc approbation of the flave trade. 44 All thefe motions were ordered to lie on the table. 44 Difcuffion of Mr. Callender's motion for univerfal fuffrage and annual parliaments was called for. 44 Mr. Callender having fpoke upon it for fome time, and read feveral printed papers to fhew the neceflity of its paffing, he was reminded, that it was proper to poflpone what he had further to fay, in order to wait on Col. M4Leod, and there fore the further difcuffion was delayed till the Evening Sitting. 44 Rev. Mr. Donaldfon in the Chair. 44 Meffrs. Philips, Chalmers, and Gibfon's motions remitted to the authors, to be condenfed againft next fitting, in con junction with Mr. Henchalwood. 44 Mr. Downie's motion being read, Meffrs. George Rpfs, Downie, Sands, and feveral others, fpoke for the motion — Meffrs. Wright, Aitchifon, Paterfon, and feveral others, fpoke againft it. Mr. Skirving moved for a delay of any change of the title till the primary Societies fhould be confulted. — Re folved, that the Convention fliall make no alteration in the title of the General Affociation, but leave it to the particular Societies to affume what name they pleafe. 44 Meffrs. Bell and Bremner's motions being read, with the condenfed ftate of both, and a fimilar motion by Mr. G. Miller, from Glafgow ; after fome argument, and a motion of its being remitted to a Committee, Mr. Donaldfon propofed to keep clofe to the main point, and not to interfere with other griev ances. Meffrs. Douglas, Skirving, Cockburn, Philips, and feveral others fpoke in favour of the meafure —Meffrs. Downie and Aitchifon objected to the word Corporation Laws ; after which it was refolved to remit the drawing up of a proper ad drefs, and declaration of principles, &c. to a Committee, to be appointed to-morrow. 44 Meffrs. Callender, Douglas, and Newton, having returned from Col. M4Leod, reported, viva voce, the polite reception they had received from him, and the affurances he had given them ( 288 ) them of his fteady adherence to the caufe,; while the people pro* ceeded in a conftitutional way." ' " The Rev. Mr. Douglas in the Chair. 44 It was propofed that Mr. Callender's fnotion fhould now be refumed ; bcjt, after fome converfation, being now near four, it was agreed to adjourn till fix." ' " A prefent of a confiderable number pf cppies of a pamphlet, entitled, " Proceedings pf the Friends of the Liberty of the Prefs," was prefented by Mr. Alexander Scott, and , diftributed gratis." Eodem Die — Evening Sitting. 44 The Rev. Mr. Douglas in the Chair. 44 The confideration of Mr. Callender's motion being refumed, Mr. Skirving read an extract from a pamphlet, entitled, " An Effay on Parliamentary Reprefentation and Magiftracies of Bo roughs Royal;"- after which Mr. Callender delivered a very animated fpeech upon the motion, fhewing a variety of reafons for adopting it. A delegate from Dalkeith having ftarted a queftion, whether we have a right, by the conftitution of 1688, to claim univerfal fuffrage and annual parliaments, or whether we ought to go further back for authority. Meffrs. Gourley, Philips, Buchanan, Clark, Wright, Sands, Newton, Aitchifon, and feveral delegates from the country, delivered their fentiments on the queftion." " The chairman having left the chair, 44 A. Callender, Efq. was called to it. " Mr. Douglas then delivered a moft judicious and fenfible'fpeech. upon the abfurdity pf reprefenting property inftead of men, and thus degrading the dignity of our nature. Meffrs. Philips, John Smith, A. Bell, Donaldfon, and feveral other delegates from Perth, Dalkeith, &c. fpoke on the fame fide. One gentleman obferved, that the eftablifliing of univerfal fuffrage would be only doing juftice to the rabble of Scotland, the fwine of England, and the wretches of Ireland." 44 Mr. I 289 ) 44 Mr. Douglas in the Chair. 44 In the further difcuffion of this fubject a queftion was ftart ed, whether foldiers or tailors fhould be allowed to vote, when Mr. Callender gave it as his decided opinion, that both claffeS fh > Id have a voict in the election of their reprefentatives; and puri:;-:jlarly the Utter, who fuffer fo 'much from imprefs war rant.-,, which would have no exiftence were univerfal fuffrage eftab!ifh.-d." 4fc- Mr. Skirving moved, that a collection be made for the ex- pence of publi fcing tracts upon the fubject of reform, when 3I. 6s. of d. ¦•'ds collected, which, with 5s. received this after noon, makes 3 1. us. ofd." 44 The fubject of Mr. Callender's motion being refumed, the Rev. Mr. Donaldfon argued at confiderable length in favour of it ; and with many hiftorical and fcriptural arguments, as well as feveral humourous remarks, fupported the motion. Meffrs. Meal maker and Douglas fpoke on the fame fide, and faid, it would be agreeable to a great majority of their conftituents." 44 Mr. Donaldfon propofed to pafs the refolution of this meet ing, on Mr. Callender's motion in the words of the Duke of Richmond, of which he prefented a copy, which was read by, Mr. Skirving." 44 Mr. Alexander Scott propofed to read a few extracts from the plan of parliamentary reform framed and adopted by the Weftminfter Affociation, and introduced into parliament by his Grace; which being agreed fo, he read them accordingly." 44 Mr. Skirving then moved, that the vote fliould be put, which was agreed to; previous to which, however, one of the delegates -from Dalkeith, faid his colleagues who were abfent, as well as the whole of his conftituents, were unanimoufly for univerfal fuffrage and annual elections." 44 After fome argument refpecting the ftate of the vote, it was ftated, approve or not, Mr. Callender having previoufly agreed to Mr. Donaldfon's amendment, when, upon calling the rpll and the vptes being marked, it was carried nem, cph. approve. — Whereupon all prefent congratulated each .other by a hearty fhake of the hands." 7 " Mr. ( 29° ) ¦ 44 Mr. Skirving then read a letter from Mr. Muir, covering a copy of a letter to the Lord Provoft, fetting forth the infblent abufe and outrage committed by the inner jailor, William Binny, upon two gentlemen who had gone up to vifit him, and de manding redrefs from the magiftrates. Upon this Mr. Archibald Binny moved, that a fubfcription be immediately fet on foot to profecute the faid William Binny. This was feconded by feveral members ; but, after fome argument, it was thought proper to delay all proceedings in this affair till to-morrow." 44 Mr- Douglas then clofed the bufinefs with a prayer fuited to the occafion, and adjourned the meeting till to-morrow at ten." 44 Edinburgh, 31 October 93. 44 Alexander Callender, Efquire, in the Chair. 44 The Rev. Mr. Douglas having invoked the bleffing of the Almighty upon our proceedings, the minutes were read and cor rected. Meffrs. Vickers, Tod, Blair, and M'Leay-and Adam Wilfon from Paifley, were admitted as vifitors. Mr. Buchanan moved a vote of thanks to Mr. Skirving for his very great and important exertions in the caufe of reform, which was unani- moufly agreed to." 44 The bufinefs of the addrefs to the public being moved by Mr. Mealmaker, and a wifh expreffed by him and feveral other country delegates, that a fcroll of it fhould be drawn up before they go out of town, it was refolved, after arguing at fome length upon a motion by Mr. Paterfon, feconded and amended by Meffrs. Wright and Aitchifon, that a month from this date fhould be allowed to the focieties in the country to communicate their ideas upon this fubject to the fecretary, to be laid before 'the Edinburgh monthly Committee at their meeting, on the firft Thurfday in December — to whom the final revifal of the addrefs to be drawn up by the Committee is entrufted." 44 Mr. Skirving read from Dr. Samuel Johnfon's Hiftery of Magna Charta, a chapter concerning the firft founder of the yearly folkmote. 44 Mr. Skirving made the following motions, viz. ift, That the Convention fhall follow up the unanimpus refolution for univerfal ( 291 ) univerfal fuffrage and annual parliament?, by recommending to their focieties to declare publicly and feverally their approbation, with their reafons. And, 2dly, That each fociety be called upon to draw up a new declaration, containing the two original refo lutions of the affociation as now explained, and according to the explanation given by the Duke of Richmond, and to require each member already admitted, or to be admitted, to fubfcribe the fame. Thefe motions, after a fliort converfation, were unani- moufly agreed to." 44 The different motions to addrefs the King being read, Mr. Mealmaker's was withdrawn ; and Mr. Skirving moved, that all thefe motions be compreffed into the fimple queftion — whe ther we fhall addrefs the King or the Houfe of Commons. Upon this queftion various opinions were delivered ; fome contending, that to petition the King was illegal, as defiring one branch of the legiflature to encroach on the privilege of the other. Others, that it was ftrictly legal to petition the King to- recommend it, or at leaft to lay it before the parliament, to take fuch a meafure under confideration." 44 Meffrs. Wardlaw, Scott, Donaldfon, Aitchifon, Douglas, Wright, Geo. Rofs, Buchanan, Callender, Johnfton, and Gour- ley, fpoke againft addreffing the King ; and Meffrs. Skirving, Chalmers, John Laing, and one or two country delegates plead for the meafure." 44 The debate being refumed, Mr. Wright moved, that the different focieties fliould be left to adopt what meafures they pleafed, and to petition either King or parliament. Mr. George Rofs propofed to petition the Houfe of Commons, and at the fame time to addrefs the King to diffolve the parliament. Mr. Buchanan objected to any addrefs of this kind to the King, as tending to increafe the royal influence. Mr. Paterfon, Mr. Scott, and Mr. Sands, propofed that this Convention fhould re commend to the focieties at large to petition the Houfe of Com mons, as their only reprefentatives either really or virtually. Mr. Chalmers infilled to petition the King, and faid, that his conftituents were determined that they would not again petition the Houfe of Commons. Mr. Skirving faid, that upon our prefent plan we would perhaps not get a fingle member to pre fent it." 8 "The ( 292 ) 44 The Rev. Mr. Donaldfon delivered a conciliatory fpeech replete, with humour ; but recommending it to leave the focie ties to do as they may judge proper." 44 Mr. William Urquhart objected to petitioning the King, as a deviation from our original principles and declarations; and propofed putting the queftion to a vote." 44 Mr. Scott took notice, that the Fife delegates were not unanimous for addreffing the King." 44 A delegate from Fife expreffed his difapprobation of peti tioning the King, and faid, his conftituents would as foon peti tion the pope." 44 A Glafgow delegate expreffed a fimilar fentiment in his own name. Mr. John Laing withdrew his motion." 44 Mr. Douglas in the Chair. 44 Mr. Callender having left the chair, recommended unanimity in a very animated fpeech." 41 Mr. from Fife, withdrew his oppofition."' 44 Mr. Chalmers alfo withdrew his oppofition, and begged that the minute of his conftituents fhould be returned with a proper officialrecpmmendation. The Convention then refolved topetition the Houfe of Commons as the only competent branch- of the legiflature to be applied to in cafes of reform in the reprefen tation." 44 Mr. John M'Intyre congratulated the meeting on the una nimous decifion of this debate on this very important queftion." " Mr. Donaldfon and Mr. Mitchell, from Paifley, were ap pointed to dine with Mr. Muir. Adjourned at a quarter paftfour till fix." Eodem Die — Evening Sitting. 44 Alexander Callender, Efquire, in the Chair. 44 The minutes being read and corrected, the thanks of the Convention were given to Mr. Skirving from the chair, for his integrity and fervices." 44 Mr. Ml Arthur's motion refpecting prayers was unanimoufly agreed to." 44 Mr. Scott's motion as to Lprd Daer, and Mr. Rpfs's as to H. Bell, withdrawn." 44 The ( 293 ) 44 The Rev. Mr. Douglas's motion to exprefs our approba- tipn pf the flave trade, was unanimoufly agreed to; and it was re folved, that this dreadful and infernal traffic fhould be taken par ticular notice of in the addrefs to the public, and the unanimous wiih of the Convention for its immediate and, total abolition, ex preffed in ftrong terms." 44 Mr. M'Cubbin's motion to recommend to the Committee, appointed to draw up a petition to parliament to obviate the ob jections made againft receiving the petitions for reform, was unanimoufly agreed to, after being amended as above." 44 Mr. Rofs's motion, that in order to bring to light, and to punifh the perpetrators of oppreffive and arbitrary acts, a perfon in every town fhould be appointed a guardian to difcover, pub lifh, and profecute all fuch proceedings ; being read, it was agreed, that where the facts are well fubftantiated, focieties fhould minute an account of them in a book." 44 Mr. Binny's motion to print the names of the members with drawn, but refolved, that thofe, who have withdrawn from the affociation fhall be waited on, and their proportion of expenpes demanded." 44 Mr. Skirving moved, that every member in the affociation, if a fervant, and in employment, fhall be required to pay fix- pence towards defraying the public debt; if not a fervant, one (hilling at leaft. That every new member to be admitted, fhall pay one of thefe films; and that this contribution be levied two times in the year previous to every Convention, and fent up with the feveral delegates, and paid into the Committee of general finance. Carried unanimoufly, after fome debate, with this pro- vifo, that the firft: collection fhall be remitted within the courfe of the month," " Meffrs. Gourley and G. Rofs being appointed collectors for this night, the fum pf 3 1. 13s. gd. was cpllected, which, with 2s. 6d. of overplus at dinner this afternoon, makes in all 3I. 16s. 3d." 44 The following gentlemen were appointed to dine with Mr. Muir, to-morrow, viz. 44 Mr. Henchelwood, " Mr. Mitchel, Strathaven, . 44 Mr. Hepburn, " Mr. Philip, Dunfermline, ;" Mr. Campbell, " Mr. Callender." X " The ( 294 J" 44 The Rev. Mr. Donaldfon read the fcroll pf a Congratulatory re tier drawn up by him and Mr. Douglas to be prefented to Mt; Muir, which being read paragraph by paragraph, after a very few amendments, met the approbation pf all prefent." 41 Refolved alfo to fend a fimilar letter of congratulation to Mr. Palmer. Mr. Skirving moved, that the thanks of this Con vention be given to the country delegates in general, and par ticularly to the Rev. Meffrs. Donaldfon and Douglas for their attenSarice on this occafion, vvbich was done accordingly, and fuitable returns made. The Chairman concluded the bufinefs of the e veiling with a prayer "fuited to the importance of the great and glorious caufe we are engaged in." "Edinburgh, if! November 1793. Morning Sitting, 44 Mr. John Milne, from Newton, near Me1rofe;.in the Chair. 44 The fecretary read the minutes of taft fitting, Mr. Dow nie prefented a firing pf refolutions for difcuffion, when it was agreed that the time of the Conventipn was toOfar gone for thefe refolutions to have proper effect, but agreed that they fhould be read Pver after dpSning of the evening fitting, and lie on the table of the Convention." " Mr, Hepburn moved, that the thanks of the Convention fliould be given to Mr. David C-lirkj the victim of thejday, for his rrianly ex'ertio'tfs in the e-a'ufe of reform. Agreed to," 44 It was then agreed to conte to a difcuffion of the motion prefented by Mr, James MitcheBc, for petitioning the King againft the war," 44 After feVSral animated {peeehes, breathing the true foirit of benevofertee' and fchriftianity, ft was unaiiim'oUfly agreed to cfcll upon the people of Scotlknd to unite as one nten topfcthioritht King againft the war." 44 Rev. Mr. Donaldfon moved, tliat it fhould be the fecre- tary's bufinefs to recommend to the various focieties to fend up thofe gentlemen as delegates who are moft able for thatftation. Agreed/' 41 Mr. Skirving moved, that the next Convention ftrtjuld mee on ( «95 ) on the laft Tuefday of April. Refolved, and atfjantrned till the evening." 44 Motion by Mr. Wright refpecting the rigfcrt of the people tp choofe delegates. Agreed to nem. eon." Evening Sitting — Eodem Die. 44 Mr. Walter Hart, from Glafgow, in the. Chair. 44 The minutes being read, Mr. Gourley's motion for recom mending provincial affemblies to be held, w&s difcuffed, when it was refolved to recommend1 it to focieties in the country to hold frequent fntercourfe with each other, and to meet at ftated pe-. riods for that purpofe j and alfo to eftablifli focieties in thofe places where there are known to be friends of reform ; and like- wife in the interim to fend frequent deputations to each other." 44 Mr. Skirving read a printed copy of his circular letter, and prpppfed to publifh fomething regularly pnce a month on the re fprm bufinefs. Refolved unanimpufly to recpmmend thjs, plan tp the encouragement of the focieties in the country, that they may write Mr. Skirving within the month how many copies they intend to take." 44 Mr. Mealmaker's motion of thanks to Mr. Scott unani moufly agreed to, and a proper return made by Mr. Scott. Mr. Richard Younger moved to fupport the Gazetteer. Refolved to recommend to the friends pf the pepple, that they pught tp do all- in their power to fupport that paper in fuch manner as- Mr. Scott may require." 44 A collection being made, 2l. 2s. 4d. was collected, which, with as. iod. balance of reckoning, is 2I. 5s. '2d." 44 Mr. Callender informed the meeting of the reception he had met with from the Lord Provoft:" 44 Mr. Sinclair's motion -for a fubfcriptipn for Meffrs.. Muir and Palmer. Mr.' Skirving mpved an amendment, which was unanimpufly agreed to." " Mr., Callender mpved the thanks of the Convention tP Mr. Wharton and his adherents, for the glprious appearance they made on the fubject of the conftitution on the iff of June, Seconded by the depute fecretvry, and unanimoufly agreed to." X 2 " Mr. ( ago ) 44 Mr. Skirving moved the thanks qf the Convention to Co* lpnel M'Lepd, which was alfo feconded by A. A. and unani mpufly agreed te," 44 Mr. Skirving meved, that this Cpnventipn exprefs its ardent defire to cultivate a more clofe union with the focieties in Eng land, which was unanimpufly agreed to." 44 Mr. M'Intire mpved the thanks pf the Cpnventipn to Mr. Callender. Agreed to nem. con." 44 Mr. Binny mpved a vpte pf cenfure pn the conduct 'of the Lprd Prpvpft. Withdrawn." 44 Refolved to fupport Mr.. Clark." 44 Refolved, that Mr. Skirving fhould dine with Mr, Muir to-morrow, and take'any friend with him." 44 Mr. Callender moved the thanks of the Convention to the fecretary and the depute fecretary, which were unanimoufly agreed to ; and the fame cpmpenfarion, as formerly, was voted him for his trouble, with fomething more when the funds can afford it." 14 The. MS. pamphlet, entitled, A Review of the Britifh Con vention, was remitted, for want of time,, to the confideration of the Edinburgh Monthly Committee, and the fecretary was im- powered to write the author. Clofed by prayer by Mr. M4In- tyre." 44 Additional Delegates. 41 From In favour of 44 Stirling - - - - Robert Forrefter. ' " Darwell - - - John Cleland, 44 Dundee - - , - - George Rofs, f 44 Linlithgow - Stephen Gibfon. "Galton - - - -. - Peter Hunter, William Boyd, ; 44 Strathaven - - - - James Wilfon. "Hamilton - - -' - W'H-Haddpw, James Hamilton, 41 Eadlefton - - - - Thomas Noble. , 44 Dundee, Newburgh - Apologies. 44 Pathhead - - - - Robert Raet, John Halley. 44 Mufeleburgh - - - John Niven, Duncan Charles. 44 Dundee ----- George Mealmaker. 6 " Fenwitk, ( '297 ) ~ « Fenwici and Kilmaurs - Robert Muir. ".Forfar ----.- Patrick Milne. - « Selkirk- William Jphnftpn. *4 Dunfermline - Peter Reed. 44 Linlithgow - - - - George Brockley." First Day's' Sitting. 44 Edinburgh, 19th Npvemeer 1793- 44 General Convention -of Delegates. 44 Mr. Walter Hart from Glafgow, was called to the Chair. 44 The roll being called, new commiffions read, and additional delegates added to the lift, 44 Mr. Margarot moved, that a Committee be appointed to draw up rules for the internal gpvernment pf the Cpnventipn, which was feccnded and agreed to. It was alfo refolved, after fome argument upon the fubject, that the tickets of admiffion fliall be delivered to the delegates to-morrow, with their narnes infcribed on them by the fecretary." 44 Mr. Skirving moved, that a Committee be appointed to draw up the addrefs to the public, formerly refolved on by the Convention." 44 The following, Committee was appointed to draw up the rules for internal regulation, viz. 44 Mr. Margarot, " Mr. Brown, 44 Lord Daer, " Mr. J. Clark, 44 Mr. Sands, " A. Callender, Efq. 44 Mr. Gartley, " Mr. William Muir." 44 Mr. William Skirving, 44 Mr. Sinclair moved, that Lord Daer's refolutions, prefented to the firft general Convention, be remitted to that Committee, which was agreed to. Mr. Gourlay moved, that Lord Daer be called to the chair, which was feconded by the depute fecretary, but oppofed by Citizen Daer himfelf, as well as Citizens Ger- -rald and Sinclair, as favouring too much of a fpirit of ariftocracy. Whereupon it was unanimoufly refolved to call Mr. Callender to the chair." X 3 " The ( *5» ) 44 The meeting being conftituted by prayer, and the whole of* the laft minutes read, the Secretary repeated bis motion, that a Committee be appdtttted to draw up the'addrefs to the public," 44 Lord Daer expreffed his difapprobation of trufting too much of the bufinefs of the Convention to Committees. Mr. Brown, from Sheffield, urged many arguments upon the neceflity of ap pointing Committees on particular bufinefs." • 44 Mr. Margarot moved, that previous to publi&ing an ad drefs to the public* a Committee he forthwith .appointed, to confider the means and draw up the outlines pf a plan pf general union and co-operation between the twp nations, in their confti tutional purfoit -pf a thorough parliamentary -reform, which was unanimoufly agreed to„ 44 Mr. Margarot alfo moved, that the Convention fit hut once a da;-, and that the evenings be allottefl to Cpmmittees. A mem ber from 'Glafgow propertied an amendment, that fheConventfon fhpuld fit in the evenjng and the Committees in the forenopn." "Lprd Daer obferved that it wpuld be proper to avpid an ariftocrafical dependance on Committees, and to delay appoint ing Committees till the mpde pf apppinfing them was agread upon." 44 Refolved, That Cpmmittees fhall meet in the forenoon, and the Cpnventipn at five in the afternppn." 41 Mr, Wright mpved that the- Cbmmittee appointed to meet to-mprrow fhouktbean open Committee." 44 Mr, Brown, from Sheffield, objected to it as tending to obftruct 'the bufinefs of the 'Committee." "Lord ©aer propofed that in this particular cafe, the paft . practice fheuld be adhered to." ".Mr. Brown "replied aridfeveral ether fpeakers, whendt-was unanimoufly refolved, 'thaMt mould he a fhut iComoiittee. " Refolved, That all ithe delegates from -England he members of this Committee." 44 The Depute Secretary mowed, rft. That 'it be enacted -as a ftanding law of this and all future 'Conventions, that no-mem ber of any Convention ihall he calkd itothesohair above mice during the different fittings of any General Convention.; -and ¦ 44 2dly, 44 adJ.y, That no delegate cabled upon hy public acclamation, or fhew of hands, fliall upon any pretence refufe to take the chair. The meeting being doled by prayer, was adjourned till to-morrow afternoon at five." Second Day's Sitting. 44 Alexander Callender in the Chair. 44 Five o'clock in the evening. 44 This fitting commenced with delivering tickets to the mem bers of the Convention.;: — The following Vifitors were admitted, Capt. John Fifher from Glafgow, William Smeall from Penny- cuick, John Wilfon from New Town Society, D. Hutc.hifon from Kinrofs, D. Grieve fratri Inverkething, £)r. Forreft and Meffrs. Thomfon and Patterfon from Stirling, R. Ogle, Mr. Drummond and Mr. Ramfay from Dumfries, James M4Kain from the Operative Society, James McLaren, William Brown, Adam Melrpfe." 44 Mr. William Watfon, from the Dalkeith Society, paid arte (guitjcea to the general fund ; and the Convention being confti tuted by prayer, and the rrunutes r,ead, and general pbfervations made, the Secretary read two letters, one from Richard .David- Ion, Secretary to the Ccyift-itutional Society at Leeds, apalagizing for not fending delegates to the Convention ; and another frerxi Newton, figned John Milne, offering a fimilar appl.Qgy," 44 Mr. Jackfon, frorp P^eniiycujek, in the Chair. 44 Lord Daer gave in the report of the Committee who fat jtjhis forenoon, on the bufinefs Referred to them." Mr. William Johnfton, from Selkirk, paid Mr. Skirving one ,gujnea .towards the gej^ral expence, irt nanie of that Society." 44 Mr. Scott, moved, that tlje rule ,i,n the report, refpecting the appointment pf fjhree minute takers, fhou]d be firft difcufled." 44 Lord Daer, after explaining what was rneant by the term minutp takers, prpppfed to take up the queftion rejecting the divifions firft." 44 ^r. (Binny objected to the plan qf diyifiops, as .tending to lofe time inftead of paving it." X 4 " Refolved ( 300 ) 44 Refolved, by a fhew of hands, to confider this queftion firft." 44 Lord Daer explained the neceffity and utility of fuch divi fions, repelled the objections that might be made againft the plan, and fhewed that it entirely fet afide the difficulty that had been ftarted againft the Committees fitting in the forenoon, as tend ing to throw the majority of the Convention idle. He alfo fhewed, that this plan would tend both to repFefs the forward and to encourage the diffident, and would contribute much to the improvement and inftruction of all the members ot" the Convention, by makjng the members acquainted with each othet, and thus giving to many, good ideas which might be ftarted in thefe fmall divifions, that through modefty would never be brought forward at large meetings." " Mr. Brown reminded Lord Daer, that one reafon why the Committee approved of the divifion plan, was, that it pointed out the- beft means of appointing Committees." ¦ " Mr. M'Intyre objected to the plan of divifions, and recom mended rather to adopt the general affembly's method of over tures, as preferable." 44 Citizen Gerrald vindicated the plan of divifions, as tending to enable the Convention to make up their minds upon the bufi nefs to come before them." " Mr. Buchanan proppfed pnly three divifions, 'confifting of larger numbers." 44 Mi". Margarot vindicated the plan, as tending to fhorten the bufinefs of the Cpnvention, and infifted, that the familiar inter- cpurfe that wpuld take place in thefe divifions, wpuld be the chief ufe pf them." 44 Mr. George Rofs objected to the divifions, as tending to give influence to leaders." 14 A member from Paifley faid this could not happen, as the •divifions were to be chofen by lot." 44 Mr. Wright agreed with Mr. Buchanan in appointing more • • numerous divifions, and faid that 25 ought to be the number." 44 Mr. Sinclair fhewed the neceffity and importance of the plan of organization, and infifted that the divifions were neceffary, • and that the lofs of a day or two ought to be of no confideration, compared with the magnitude of the object," 44 Mr. ( 3°i ) 44 Mr. Margarot promifed, in name of himfelf and his col leagues from England, that they would grudge no time to exe-- cute with propriety the important bufinefs they were come upon." 44 Lord Daer vindicated the divifion plan, as tending to pre vent that otherwife unavoidable affumption of ppwer which took place at the firft convention, and which unavoidably takes place at all public meetings." 41 Mr. Brown from Sheffield rofe to 'remove any remaining objections that might be made againft the plan, and urged that the grand point in raifing a good fuperftructure was to lay a good foundation, to do which, no time fhould be grudged; and fhewed the great utility of the plan in the nomination of Com mittees." 44 Mr. Jphn Clerk 'expreffed his approbation of the plan, but {lasted a difficulty about the mode of executing- it." " Mr. Skirving faid, that the eafieft and readieft mode was, for every delegate to give in twp tickets, and when mixed in a hat, or the like, to take them out as they lay." 44 Mr. Callender moved the queftion, divide or not, when it was carried unanimoufly in the affirmative." 44 Lord Daer called the attention of the meeting, to the quef- 41 tion as to the number in each divifion, whether 15 or 20-" 44 Depute Secretary propofed 25 as the number." 44 Mr. Scott pled for this meafure — Mr. Brown pled that 15 was a fufficient number." 44 Refolved by a great majority, that the number of each di vifion fliall be about 15, and that J 1 o'clock fhall be the hour of meeting." 44 Lord Daer propofed as the beft mode of divifion, that it be done by lot. Agreed to unanimoufly." 44 Lord Daer propofed, as the period of renewal, once a week. Agreed to 'item, con." 44 He then propofed, that the beft mode of. dividing by lot, would be, to' collect the tickets immediately, and then mingle and draw them promifcuoufly, and fet down the names according as they fhall.be drawn.— Agreed to unanimoufly." "And (< 302 jr- w And Meffrs. ^alleader having collected the rickets, they were drawn as follsws. James Dun fairies G.artley Wdliam Far.quharfpn -John Stark MP.B«r^wr^* Jc^flM,vir Thomas Cockburn FIRST DIVISION. Robert Fprreftec -IO James Mutter Robert Chriftie . John Buchanarj George Majtcoun JS.oljeft Muir j 5 James Snuth SECOND DIVISION. John Taylor Henry Rait James Cunningham James Tweedie David Go wans James Boyd George Cotton George Milne D. Taylor 10 William Philip John Thomfon A. Knox Walter Hart John Cleland 1$ David Bertie Jphn Gilchrifl. THIRD PlVIS^pflr. Mitchell Young Thomas Nioble James Lawfon JohncQarjtley Jflto Wcilfon James Wilfon John IflgU> T. Cockburn D. Weir ;io James Foyar Jai-aes Smith Samuel Paterfon John Wild William Bonthron 15 D^vid Downie David Lyon FOURTH DIVISION. Peter Moffat John Jaekfon Jofeph More J. Graham 'William •Robertfon James -Bourdon Thomas Tweeddale Alexander Bremner Lord Daer 10 Archibald Gray Alexander Alexander Callender R. Peacock John Johnfton 3P2 ) Peter Hunter 15 John Grindlay Robert Sands, FJFTH DIVISION. Archibald M^ftj^ John Baillie Archibald Wijf*Vt . George Ariderfpjji Adam Prinze Peter Wood David Gowans George Rofs Adam Richm^d 10 John Srjijpali James SmeaH Alexander Pienderiejflh William FJemiflg John W»rdiaw 15 Williara M^ubbia WiUiam Tod. John M'Jntyjse Duncan Charles Charles Dantzkin William Haddow 5 James Bell Colin Norrie John M4Arthur Stephen Gibfon Alexander Bell Peter Mill John Gour-lay John Richmond 5 Peter Hardie John Laing William *Rofs ^fthnjiiqkfon •George iQeland William Romanus Davjd Burn Andrew Newstpfl 5 Johp .WaJfo-i SIXTH DIVISION. F. Watfen 10 Charles Sinclair John^efhur/i Alexander 'Fortune James Richmond M. C. Brown 15 John Noble. SEVENTH DIVISION. Jof. Smeall 10 John Menehelwood William Si-mpfon Alexander M-'Kenfie James Purves Archibald Binny 15 David ^BroWn (EIGHTH DIVISION,- William Urquhart George ;Mealmaker [Maurice Margarpt John .Clatjk. jo Wijliam Jshftfton David David Wejr Jofeph Gerrald John Hodge NINTH James Paterfon W. Brodie Alexander Cockburn George Waddle 5 Iben. Stalker William Martin George Turner Randolph Slack 30+ ) Wifliam Boyd - 15 James Little. DIVISION. Thomas Bell 10 R. Of rock W. Cafper John Thynne John Fairley — Taylor 15 Peter Leyden Arthur M4Ewan J. Auchenleck J. Thorripfon Richard Younger Archibald Gibfon James Thompfon James Tod James Calder James Fergufon John Kirk ' Andrew Simpfon James Wilkie William Eelbeck . David I/yon Thomas Noble William Moffat TENTH DIVISION. William Watfon 10 William Muir David M4Bain C. Ritchie Charles Gray J. Lawfon 15 Dugald Murray ELEVENTH DIVISION. William Skirving 10 James Carmichael 15 George Callurh James IVI4Kay Charles; Salter John Dun John Niven Alexander Reid. 44 While thefe lifts were making out, the Convention argued tbe queftion refpecting the mode, of appointing Committees 5 when, after a number of different fpeakers had delivered their fenti ments on the fubject, and propofed different plans, 44 ift. Refolved, That the divifions fhall name a leet for the Committees of the number, whatever if may be. 44 2d. That the priority upon a leet fliall depend upon the num ber ( 3<>5 ) ber of individual votes, which fliall be marked upon the leet of each divifion. 44 Refolved. The ift divifion to meet in the Canongate Lodge. 44 The 2d divifion to meet in Mr. Philip's fchool. 44 The 3d in Citizen Rofs's, Liberty-court. 44 The 4th at the Gazetteer Office. 44 The 5tn at the Gazetteer flairs. 44 The 6th at ditto. 44 The 7th at Mr. Robertfon's fchool, Symon's-fquare. 44 The 8th at Mr. Mullo's, Liberty-ftair. 44 The 9th to meet in the Steward's room. 44 The ioth to meet in this lodge. 44 The 1 ith at Mr. Campbell's, Warrifton's-clofe." 44 Lord Daer propofed, that any new delegates who may at tend the Convention after this arrangement, fliall be added to the different divifions in their order. . 44 Mr. Scott announced as a new delegate Citizen Walker, deputed, but without a formal commiflion of delegation, from Ci tizens Muir, Palmer, &c. at prefent on board the Royal George. 44 Mr. Margarot moved, that a Committee be appointed to confider of, and draw up a proper plan of union between the two nations, according to the refelutipns paffed yefterday. 44 Lprd Daer mpved, that it confift of 13. — Both motions were unanimoufly agreed to. " Citizen Callender and the Prefident were deputed to wait upon the Society of Shoemakers, and requeft the ufe of the lodge to-morrow night. The tickets being delivered to the dele gates, and the places of meeting for the divifions read over, a motion was made for a collection, but as many had now gone away, the collection" was poltponed till to-morrow evening, when it is hoped it will be the more liberal. 44 The Chairman having clofed the bufinefs by prayer, the Convention adjourned till to-morrow, at five." 44 Edinburgh, 21 November, 1793. 44 Mr. Jackfon in the Chair. 44 A motion was prefented and read, figned by Meffrs. Robert- fon and Campbell, that each ftrahger admitted fhall pay one (hil ling i ( 2pf> 1 . ling; and ail merribers of the af&ciirtior^ whd are not delegates, fliall pay fixpence." 44 Mr. Skirvirig informed the meeting, that the Rev. Citfzen Douglas, pf DiSfiddej bad fent a pai'c*! of books, entitled, 44 Thoughts on Mdatirti Potties," Which he authorized him to fell, and devote the one half of the money to the: Cpnventipn funds ; whereupon the depute fecretary fffdved, that the thanks of the Convention be returned to Mr. Douglas for this irfftance ofgenerirfity." 44 The following vifitors were adrhitted : Mr. Reid, Mr. Pear- fon, Potterrpw ; Mr. David M 'Knight, Charles M'Laran, and George Brown, Pptterrowj Jphn Thomfon, Andrew Cock burn, Mr. Smith, from Pennycuik ; Mr. Thomfon, from Stir ling; Mr. Petrie, Mr. Lowrie, Newtown Society." 44 The minutes b£ing read, and prayers faid, Ivlr. Margarot was unanimoufly called to the chair." , 44 The reports pf the dtvifipns being given in, while the fecre tary was marking the votes, the depute fecretary informed the Cpnventipn, that he had laft night received fifteen fhikings from fix of the vifitors who had been prefent, and which was paid to Mr. Skirving, with three (hillings received from vifitors." 44 He alfo mpved, that a general collection fhpuld be made, which being agreed to, and Meffrs. Callender and Scott appointed collectors, there was drawn inftantly - - ^.458 Qf which there were two bad (hillings * - 020 Balance - £.438 '" Mr. Binhy was appointed to read the reports of the dif ferent fliviftons, as ftated in the fecretary's crofs lifts ; and a leet beih'g taken from thofe who had the majority of numbers, they were unanimoufly elected by the Convention, except Mr. Bu chanan", tt-lio •declined the election, as a Committee for the pur pofe pf forming a union, viz. Meffrs. Margarot, Gerrald, Brown, Sinclair, Daer, Callender, John Clark, Sands, Mealmaker, Jehn Gartley, A. Setftt, Aart, 2nd Haftie." 44 Mr. Callender fuggefted, that it Would be proper to enter into a difetffEoh of the nature of the propofed uiiipn." "Mr. { P7 ) *-' Mr; Brown rridved; the Convention do fefolve itfetf info a Committee to afford greater freedom of fpeeeh." 44 Mr. Buchanan objected to this propofal, pn the fuppofition that it tended to take perfons by furprife." 44 Mr. Gerrald ftated, that to hpneft men nPthjng is fo valuable is truth, and that nothing can poffibly tend fo much to the dif- clefure pf truth, as difcuffion and deliberatipn ; that it was , alio very impprtant that the Committee fhould know as much as poflible of the public mind, "in order that they might act in unifoh with it." 44 The Convention then refolved itfelf jnto a Committee upon the motion of Mr. Brown ; and many valuable hints were thrpwn out by Citizens Brown, Haftie, Mealmaker, Scott, Caflender, Urquhart, Buchanan,, Campbell, and Gourlay. Gerrald ooferVed, that whatever difference of opinion might exift in thefe walls, we can never forget that our friends and our enemies are in common, and that our object is equally the farrie. He took a review of the means we are to ufe in order to fecure" oiif object. He entered fully into the fubject of univerfal fuffrage and annual, parliaments. He fully proved the rights of the people to thefe benefits by their ancient conftitution. He minutely inveftigated the principles of government. He afferted, that the end of all governments is the good of the governed ; that if money be taken out of his pocket againft his confent, it is of little confe quence whether it be taken by the robber on the heath, or the monarch on the thrones He made many remarks on the revo lution fettrement, and the benefits gained by the laft revolution, and demonftrated clearly, that they are now "totally taken awav. He warned" the Convention againft the choice of any other than known and plain men like themfelves — men uncontaminated by the peftilential air of courts.'' "Mr. Jackfon from Pennycuik paid Mr. Skirving a guinea towards the common fund, in name of that. Society." 44 Mr. Skirving moved, that the Convention be refumed, and that fome bufinefs be chalked out for the Committee. Seconded by Mr. BrOwn." 44 Mr. Sinclair, in ahfenee of Lord Daer, gave in the-eonri- nuation of the Committees report refpecting the election of Pre- 7 fidents ( 308 ) fidents>— of three affiftants, one to go out daily ; and refpecting the council of the table." 44 The collection at the door amounted to - ^ o 19 3 44 More- ----------019 i o 3 which was delivered to the Treafurer by Mr. Reid." 44 Mr. Sinclair propofed that the whole reports of the Com mittee (hould be delayed till the report was completed"." 44 Mr. Clark and Mr. Sands propofed an immediate dif cuffion." 44 Mr. Brown obviated Mr. Sands' fear of delay." 44 Mr. Sinclair urged as a reafon for delay, that Lprd Daer was employed in cpmpleting the report of the Committee." 44 Mr. .Brown propofed that the firft rule be immediately adopted, which was at laft agreed to; and the refolutions being feverally put, it was refolved unanimoufly that all the three refo- lu tions be agreed to." 44 Mr. Callender mpved to fix the hpur and place for the Committees to meet." 44 Refolved, the Committee on the regulations meet here at II to-morrow." 44 The general meeting at 3 o'clock, and the other Committee at 8, at the Black Bull." 44 The names of tbe members of the different divifions or claffes were then read over, with their places of meeting ; after which the Prefident concluded the bufinefs with afuitable prayer, and the meeting adjourned till to-morrow at three o'cfock." Edinburgh, Nov. 22, 1793. Fourth Day's Sitting. 44 Mr. Margarpt in the Chair. 44 The repprts being called for, and read, Citizens John Clark and Archibald Haftie, of Paiftey, were found to have the two higheft numbers, Mr. Clark having 26 votes, and Mr. Haftie 24; but Mr. Clark being abfent, it was unanimoufly agreed that Mr. Haftie (hould be called to the chair." 44 The minutes being read, and Mr. Margarot having faid Payers, ,tMn ( 3^9 ) ' *£ Mr. Haftie took the chair." 44 The leets for affiftants to the Secretary were then read from the different reports, and die following gentlemen were found to have the majority of votes, viz. Charles Sinclair, William Rofs, and George Rofs." 44 Mr. William Rofs having pled an apology, which, was fuftained, Mr. John Wilfon was found to have the next higheft number, whereupon Meffrs. Sinclair, Wilfon, and Geo. Rofs, being prOpofed as affiftants, were unanimoufly elected by the Convention, and took their feats at the table accordingly." 44 Citizen Sinclair then delivered the report of tlie committee, containing the following refolutions, which being read from the chair, feparately, and the queftion put upon each of them, were unanimoufly agreed to, viz. 44 ift, That no perfon be elected to die chair twice in one week." 44 2dly,That ftrangers, who wifh to be admitted as vifitors, (hall fend in their names to the council at the table, previous to their admiflion." 44 3dly, That they fhall all fit upon one feat; and, 44 4thly, That they fhall not mingle with the members of the ^Convention, under the pain of exclufion." . " Mr. Sinclair, in name of the committee, afked leave for the committee to fit again, which was granted, and to-morrow, at ten, appointed." 44 Citizen Gordon Murray, the door-keeper, received orders to put the laws refpecting vifitors in execution." 44 Mr. Andrew Newton's motion, given in laft night, was then read by the depute fecretary, ftating a variety of reafons, urging :.the propriety of the -Convention appointing a day of general fading and humiliation for our fins, and for praying to die Almighty for fuccefs to our caufe. This motion was feconded, and ftrongly fupported by Mr. Mealmaker, as well as by Meffrs. Callender, John Clark, and others, but was objected to by Meffrs. Taylor, Sands, Margarot, Paterfon^ and Aitchifon, as tending to blend religion with politics, to divide the friends of reform, and to render the Convention ridiculous, by enacting what they neither had right to enact, nor-power to enforce." Y "Citizen f 310 ) 44 Citizen Gerrald then propofed to recommend the propriety and rieceffity'of applying for divine aid, but not to enjoin any thing on the fubject. — Mr. Skirving moved an amendment to that purpofe, which was feconded by Mr. John Wilfon. — Citizen Gerrald then moved the amendment in the following terms, which being read from the chair, and the queftion put, was unanimoufly agreed to by a very great majority, viz. ¦ 44 That this Convention do e'arneftly recommend, both to 44 the Members of this Convention, and to the Friends of 44 Freedom and Reform through Great Britain and Ireland, to 44 invoke the bleffing of Almighty God, who is the common 44 Father of all men, on the caufe in which we are engaged." 44 The original motion of courfe was laid afide." 44 Citizen Skirving then moved, that the addrefs to the public fliould' be drawn up by the committee upon the union, which was Unanimoufly agreed to.— A motion to fupport the Gazetteer, figned by fix members, was read, and ordered to lye over till to morrow. " 14 A motion was prefented by the Secretary and Depute Secre- -£ary, that a Committee of Finance (hould be appointed." 44 Citizen Scott moved, that before any delegate from the country fliall leave his poft, he fliall write to his conftituents ta fend another up in his room. — Agreed to, nem. con." 44 The Secretary moved, that delegates from the country, who rnay run fhort of money, by the prolongation of the bufinefs of the Convention, fhall. be fiipplied by the Treafurer. — The Council of the Table were appointed on this bufinefs : — Meffrs. Callender and Fortune being appointed collectors, il. 10s. was drawn. The Chairman having cfofed the meeting by prayer, the Convention was adjourned till to-morrow at twelve, nopn,"" "convention-hall, nov. 23, 1793. 44 Fifth Day's Sitting. 44 Citizen Haftie in the Chair/' 44 Reports from every Section, except No. ii," 44 Committee of Finance, appointed, John Buchanan, Janws Gartley, Alex. Fortune, Alex. Scott,— -Cleland, from Newmills." '. " Citizen ( 3" ) 14 Citizen Gerrald appointed Chairman for this day's fitting.— Citizen Binny, afliftant ; of courfe Citizen Wilfon goes out ; when Citizen G. Rofs read the minutes of laft fitting. — The Prefident ftated, that this morning he had received a letter from a friend in Norwich, who defired him to inform the Convention, that they remained fteady in the caufe, and had nominated Citizen Margarot their delegate, and that they would contribute their (hare of the expences attending the Convention. — Mr. Margarot accordingly accepted of the office, who congratulated the Con vention upon the acceffion of fuch a great number of friends.— Upon it being ftated, that Citizen Gerrald had bufinefs, public and private, to tranfact immediately, and requefted that he (hould leave the chair. — Agreed to." 44 And Citizen Urquhart was elected to the chair. — A motion was then read, that a vote of Convention (hould prove the unity of the delegates from the South and North." 44 Citizens Muir, from Kilmarnock, Margarot, from Norwich, and feveral others, fupported the motion, which was unanimoufly agreed to. — Citizen Scott propofed, that all the members fhould rife up, and join hands, as a proof of the unipn betwixt England and' Scptland, which are now joined as Britain. — Agreed." 44 It was moved,, that thenceforth the Convention (hould be ftiled, " The Britifh Convention of die Delegates of the People, 44 affociated to obtain Univerfal Suffrage and Annual Parlia- 44 ments." — Agreed to unanimouflyi" 44 A motion was made for the Convention allowing the Mem bers of the United Society of Irifhmen to fpeak and vote here. — Referred to the fections." 44 A committee was appointed to confider the motion refpedt_ ing the Gazetteer." 44 Citizen Margarot, Brown, Binny, Skirving, James Gartley, John Hepburn, Mealmaker, appointed to meet in Citizen Rofs's Liberty Court at eight o'clock this evening." 44 Citizens Muir, Haftie, Taylor, and Cuningham, requefted leave of abfence, which was granted, upon condition that they would do their utmoft to fend delegates in their places." Y 2 « Lctt;r ' 44 Letter read from Mr.' Colin Norrie Montrofe, announcing his departure, and requefting minutes of the Convention to be fent to him.— Anfwered, that be would receive them in the Gazetteer." ¦ " Motion by Mr. James Gartley, refpecting dividing the country into deparnnents, and appointing provincial Conventions, Whereby they may become more acquainted with each others Sentiments.— Referred to the Committee of Union." 44 Mr. Skirving moved Mr. Binny, in" place of Mr. Muir, on the Committee of Regulations. — Agreed." '" Mr. Urquhart on ditto, in place of Mr. Sands, and Mr. "Wright, in place of Mr. Haftie, on the Committee of Union." 44 Refolved, That all committees fliall have it in their power to invite the afliftance of fuch members of the Convention, as they think may be beneficial to the bufinefs entrufted to their charge." ¦ " Converfation on the fections." 44 Refolved to continue till Monday as at prefent." 44 Motion by Citizen Gordon Murray, containing thanks t» ¦the movers of the divifion into claffes, mentioning the advantages already obtained from it, and requefting a frefh (huffle. Referred to the Cpmmittee of Regulation's." 44 Agreed, that the Members pf Spcieties, in Edinburgh, jpin the Sections." 44 Citizen Murray gave in a report refpecting the ufe of the .Lodge." 44 The Prefident warned" the Sections to meet as fully as poflible on Monday." " Adjourned till five on Monday." 44 EDINBURGH, 25th NOVEMBER, I793. . 44 Sixth Day's Sitting. 44 Mr. Urquhart in the Chair." , 44 The tickets were ordered to be. gathered from all prefent, .and the door-keeper to colle<& them from thofe whp come in afterwards." "The C '* 313 J * The following new Cemmiffipns were read, viz. 44 From " In favour of 44 Dunfermline, "Mr. Peter Reed. 44 Linlithgow," " Mr. George Brokley." 44 The reports of the fections being called for, were given in, and read, when Citizen M. C. Brown was found to have a decided majority for being elected Prefident." 44 Mr. Urquhart having conftituted the meeting -by prayer," 44 Citizen M- C. Brown was unanimoufly elected Prefident, and took the chair accordingly." 44 The reports of the fections being again read refpecting die choice of an affiftant, Citizen Young was found to have the greateft number of votes, but, being abfent, Citizen Samuel Paterfon was found next higheft, and was elected accordingly." 44 Citizen A. Callender moved, that in cafe the Minifter bring into the Commons Houfe a motion for a Convention Bill, it fliall be noticed immediately to the delegates." 44 A motion was given in for printing all papers refpecting the objects of the Convention, in the Gazetteer office." 44 A motion by James Gartley and William Rofs, for not re ceiving any motion that may tend to a religious difcuffion, was- brought under confideration; which,' after fome difcuffion, was with other motions pf the fame nature, laid afide, and the Con vention paffed to the ord^r of the day." 44 Citizen Sinclair's motion relative to admitting the members of the United Society of Irifliroen to fpeak and vote in this Convention, came forward for difcuffion, when Citizen Sinclair, Callender, Gerrald, John Gartley, Buchanan, and others, fpoke uppn it, arid agreed to, and guaranteed hy a folemn joining^ of hands, — It being followed by a motion for tranfmitting the above refolution to Citizen Arcnibald Hamilton Rowan, which paffed. accordingly," 44 Secretary Skirving ftated, that he had juft now received, from an unknown hand, five (hillings, for the ufe of the Con vention." 44 Honourable mention in the minutes was ordered, to hj:, made at this patriotic donation." ....... ; ' y, 3 u A motion ( 3»4 ) 44 A motion prefented and read, figned by Citizens M4Cubbi« and Bremner, refpecting a periodical publication to be printed by the Editor of the Gazetteer." 44 A motion made by Mr. Sinclair refpecting the appointment of an interim Committee at the end of every Convention, to call together the Delegates on extraordinary emergencies.—— Thefe motions were prdered to lie over." 44 The Depute Secretary having mpved a cpllection, Meff. Sinclair and Bell were apppinted Cpllectors, when 2l. 3s. iofd. was drawn, and given to Mr. Reid." 44 The Sections were, 44 Np. 1." "Archibald Binny, Robert Peacock, John Thynne, Alexander Bell, Robert Tayfor, Ch. Ritchie, M. C. Brown, Archibald Wright, George Milne, William Philip, William M4Cub- bin, Eben. Stalker, William Eelbeck, William Bonthron, John johnfton, John Gourlay, Arthur M4Ewan." 44 To meet in Canongate Lpdge, Flefhmarket Clpfe." 44 Np. 2." 44 Alexander Plenderleith, Jphn Inglis, John Dun, Jpfeph Ger rald, Jphn Gilchrift, James Foyar, James Gartley, David Weir, Andrew Newton, William Rpfs, Alexander Aitchi fon, Geprge Rofs, David Gpwans, David Bertie, James M4Kay, Robert Rait." 44 To meet in Liberty Stairs." . « 3d Divifion." 44 William Haddow, George Mealmaker, John Wardlaw, James Wilfon, Gprdpn Murray, James Bell, Alexander Bremner, Jphn Laing, Geprge Brockjey, Maurice Margarot, Robert Chriftie, James Lawfon, Alexander*Fprtune, James Spmer- vaill, David Dpwnie, ]o. Litfter." ' rt'Mullo's, Liberty Stairs." 44 4th Divifion." * Richard1 Younger, John Wild, John Grindlay, John Auchin- , leek, Mitchell Young, David Taylor, Walter Hart, James «. Smithj ( 3^5 Y Smith, Jame9 Thomfon, Alexander McKenzie, George Cot ton, Charles Sinclair, Thomas Miller, Peter Wood, Alex ander Callender, William Robertfon, Samuel Paterfon." 44 In Citizen Rofs's." 44 5th Divifion." "Alexander Reid, Peter Moffat, John Henfhelwood, William Broddie, John Cleland, John Stark, John Clark, William Romanus, Peter Reid, James Tweedie, James Smith, John Hodge, Robert Muir, David Burn, William Campbell, Wil liam Fleming." 44 Mullo's, Liberty Stairs." 44 6th Divifion." R John Gartley, James Little, Thomas Cockburn, John Bucha nan, David Brown, John Wilfon, John Wilfon Wright, James Carmichael, David Lyon, Thomas Noble, Alexander , Scott, Alexander Knox, James Calder, William Urquhart, William Moffat, John Hepburn." 44 The Convention being divided into Sections, Mr. Gartley moved that the motions (hould be laid before the Sections, and defired the Council of the Table to condefcend on thofe that were to be firft difcuffed." 44 After arguing for fome time upon this fubject, it was refolved fimply to read the motions in the order in which they are to be difcuffed. This being dpne, the bufinefs was clpfed by prayer ; after which the Cpnventipn adjpurned till to-mprrow at five." 44 EDINBURGH, 26th NOVEMBER, I793. , 44 Seventh D-ay's Sittings 44 Citizen Matthew Campbell Brown in the Chair." "Reports from Sections No. I, 2, 3, 5, and 6, were re ceived and read, whereby it appeared that a majority of fuffrages in the Sections were in favour of Mr; Sinclair. Citizen Sinclair, however, pled, that the ' Section to which he belonged had "' Y 4 ¦ given < 3*6 ) given their voices for Mr. Clark, but that the Secretary was abfent. It was refolved, however, that no verbal Report could be received from any Section ; whereupon Citizen Browne hav ing, conftituted the Meeting by prayer, Citizen Sinclair took the Chair." 44 The reports of the Sections being again confulted, Citizen Wardlaw was found duly recommended as affiftant, and was ac cordingly elected." 44 The minutes being read, Mr. Binny gave in the report of tbe Committee refpecting the fupporting Of the Gazetteer." 44 Mr. Scot not being prefent, the Convention ordered the Committee to furnifh Mr. Scot witli queftions propofed to be put to him by the Committee, and to anfwer the fame, and to re- , port." 44 The following Gentlemen were admitted vifitors : Citizens John Bernard, Andrew Ridgelay, William Mitchell, Robert Brockley, William Angus, Andrew Tweeddale, James 'Muir- head, Alexander Lamond, Adam Melrofe, James Taylor, John Hay, John Jonnet, Thomas Wyld, Robert Still, Walter Ait ken, George King, John Thorburn, James Cuningham, C. Scott, Mr. Mitchell, Citizen- Hamilton Dun, John Wilfon, Robert Ogle, George Callum, Citizen Jardine, George Frier, James Thorburn, William Thomfon, James Forbes, Charles Mather, Mr. Steel, James Wai, George M4Into(h, Jphn Ro- binfon, John Kay, John Denholm, John Eejbeck, Alexander Simpfon, and David Clark." 44 After a long difcuffion upon Mr, Callender's motion, they referred the fame for further confideration till to-morrow." 44 The collection for to-night '¦amounted to il. gs." 44 Meff. Bremner and ¦. — —s motion to employ the Editor pf the Gazetteer for all papers relative to the Convention was then difcuffed af confiderable length, when a conciliatory motion was made; but at laft the original motion was referred tp the Committee pf Finance." 44 Mptipn, rea,d, figned by Me"i Campbell and James Smith, that it be prdered that the Cpnventipn fhall caufe a regular fet pf I. ' -fe-: . .'; i '. . cv •:. if.-;' h '.• : '. '•' ¦¦ a '• • •• books to be kept for the infertjon of Minutes, Motions, and * oft4?? f 317 ) ether Proceedings, a book of Finance, &c. to he at all times fubject to the infpection of an intermediate Committee." 44 Moved by Jo. Stark, and feconded by James Carmichael, that the Bill of Rights be ordered to be printed immediately." 44 Another motion was made by Citizen Alexander M4Kenzie, feconded by Citizen Walter Hart, that it be recommended to the different Societies throughout the country to copy the Bill pf Rights into their minute books, as a bafis for their proceedings, and as a memento to every good Citizen, that they are 'doing what the Conftitution avows and admits, in order to prevent im proper conftructions from being put on their conduct as friends to Reform." 44 All thefe motions were ordered to lie over to be confidered by the Sections." 44 The Depute Secretary moved, that in future bufinefs fliould begin, and the Prefident take the Chair, precifely at five minutes paft five, in order to fave time ; which was unanimoufly agreed to." 44 Mr. Gourlay was unanimoufly elected Tranfcriber of Motions." 44 The Chairmari having faid prayers, the Convention ad journed." .im 1 "edinburgh, november 27, i793. 44 Eighth Day's Sitting. 44 Mr. Sinclair in the Chair." 44 The reports being given in from all the Sections, Citizen John Clark was found to have the majority, but he being ab fent, and C. John Gartley being alfo abfent, Citizen Mealmaker was recommended, and the queftion being put, was unanimoufly elected. The following vifitors were admitted, Meffrs. Lyon, Mr. Thomfon, James Thomfon, George Walker, John Davies, from London," 44 The Chairman having conftituted the meeting by prayer," 44 Mr, Mealmaker took the chair. The reports of the Sections, as to the nomination of an affiftant being read, Mr. Young was found to have the majority, but being abfent, Mr. James Wilfon was unanimoufly elected," 44 The C 34« ) ,. *4 The minutes being read, a mptipn was prefented by Mr. Walter Hart. Seconded by Citizen Calder, that no notes be allowed to -be taken ; but, ,¦ .. .. 44 The Secretary moved, that it fliould be immediately taken intc* confideration. After arguing the matter, upon a (hew of hands the votes were found equal, fixteen being for immediate difcuf fion* and fixteen for a delay. Whereupon the Prefident gave the catling voice for delaying the motion, for the, confideration, of the Sections. , Mr. Ellis, from Dundee, was allowed tp (peak on the bufinefs." ,,,.,, 44 Mr. Callender's motion being then taken under confideration, amendments were propofed tby Citizens Dpwnie, Sinclair, and John Gartley." ... . ¦, . 44 Mr. Mgrgarot pled for adopting the fpirit of Mr- Callen der's motion, but thought it would be more advantageous to poftpone adopting it till the conclufion pf the Convention's bufinefs." , . •. .•.:, 44 Moved by Mr. Margarot, that a Committee, confifting of the Mover,- Seconder* and thofe who have mpved for amendments pf Mr. Callender's motion, be appointed to draw up a motipn from the whole, that may probably meet the ideas of the whple Convention." • .. > < 44 After fome converfation it was agreed upon the motipn of Mr. Calder, that the vote of the'hpufe be put firft on the fpirit pf Mr. Callender's motion. Secpndly, pn the words of the motipn ; and thirdly, oji Mr. Margarot's motion. Agreed." " Tlie fenfe of the Houfe being taken of the firft, it carried unanimoufly to adopt the motion as to its fpirit. On the fecond, it carried by a very great majority not to adopt the motion as fo worded. And thirdly, it was refolved, that faid motion and all amendments be referred as above." 44 The report of the Committee fonfupparting the Gazetteer was then made,, bearing that having, received an unfatisfac&pry anfwer from Mr. Scot, to the queftfons put to him by the Con vention, laft night, fuggeft the propriety, of the Hpufe refolyihg itfelf into a Committee for the purpofe of inveftigating the affair, and for cpming to a final determinatipn, thereon," , "The ( 3*9 ) >*,4 The Convention after fome confideration, found that all the afliftance which was competent to them was, to recommend from the Chair to each Delegate prefent, to endeavour to prevail with their feveral Societies to collect what money they can for_ the pecuniary afliftance required* and the fame was done accord ingly." 44 The collection for defraying expences was next called for, and the fum of il. 8s. of. collected." 44 Citizen Jo. Gartley informed the Convention, that he was under the neceffity to leave the Convention and return home. Leave was granted upon the ufual recommendation, and upon a motion Dr. Taylor was nominated' to fill his place in the Com mittee of , and unanimoufly elected." 44 The following motions were prefented and read, and' ordered to lie over." 44 Firft, From Mr. Margarot, and feconded by Mr. Gerrald, that a Committee of five be appointed for the purpofe of drawing up weekly an abftract of the minutes of the Convention, in or der that the" fame may be printed, and a copy fent to every country Society." 44 Second, From1 Mr. Archibald Wright, feconded by Mr. John Johnfton, That as ignorance is the great fupport of op- preffion, and knowledge its deftructipn, moved that this Con vention take fome method of enlightening the Highlands of Scotland." 44 Citizen Taylor was unanimoufly elected a Member of the Committee of Finance, inftead of Citizen Cleland, who is gone to Newmills." m— ¦. ' '' ¦"¦"¦'' 44 convention hall, nov. 28, i793. " Ninth Day's Sitting., 44 Citizen Mealmaker in the. Chair.", , 44 After the report" Of the Sections, it was found that Citizen John Clark had ten Voices, Citizen • Romanusi nine voices, and Citizens Jafnes Gartley and Taylor had each eight voices for th; Chair. Clark and Romanus being 'abfent, it was thought pro per to proceed with the election of the affiftant, after which Citizen ( 32° ) Citizen Taylor was called to the Chair, and Citizen John Stark from Glafgowj was elected Affiftant, and the following vifi-' tors were admitted : Mungo Barrowman, James Jackfon, Tho mas Smith, Andrew Bain, Thomas Johnfton, Alexander Laid- law, John Morton, Henry Vickars, Robert Gilchrift, Andrew Cockburn, John Bartlet, John Barnet, James Muirhead, Wyld, John Sanderfon, John Lamb, John Findlay, John Eel- beck, John Bpgie, Thpmas Johnfton, John Wright, James Frfher, John M'Gregor, John Ingram, Alexander Galloway, ¦ — — Korburn, Muther, Lowrie, Steel." 44 A. Scott gave in the report pf Ten refpecting the Secretary's accounts. The fame were prdered to be ingroffed. The Com- "rsittee pf Finance begged they might be alfowed to fit again, which was agreed to. They Were ordered to meet on Saturday at ten o'clock, and the Edinburgh Committee of Finance ap pointed fo attend them." 44 A motion prefented by G. Rofs for the Committee of Union, to give in their report, was read, ' and it was anfwered, that they would do fb when the bufinefs was finifhed." 44 A letter from the Societies in Paifley was read, where they expreffed their approbation of the acts of the Convention, arid begged that Citizen Skirving fliould act for them as their Dele-; gate, which was granted accordingly." 44 Citizen Sinclair read the amendment upon Citizen Callen der's -motion, as agreed upon by the Committee, and it was agreed upon the motion of Citizen , that the Hpufe fliould refolve itfelf into a Committee for its mature confidera tion. In the courfe pf the converfatipn, Citizen Brown gave a hiftory pf the Habeas Corpus act. After an excellent difcuffion of the queftion, pertinent remarks and amendments, the Cpn ventipn was refumed, and the whple as amended being read over* the members ftopd upon their feet and folemnly and unanimpufly paffed the refolutions as follows." [Here a page is left blank in. the original minutes.] 44 Citizen ( 3« ) * Citizen Gerrald in an energetic and animated addrefs exprefied his happinefs at the motion paffed, and expofed the act of the Irifh Parliament, called a Convention Bill, and Citizen Brown followed him in a manly fpeech, and proved the influence of the Executive Government over the Parliament." 44 Citizen Margarot read and propofed the following motion, viz. That a Secret Committee of three, and the Secretary, be appointed to determine the place where fuch Convention c€ Emergency (hall meet. That fuch pkee fhall remain a fecret With them and with the Secretary of this Convention, and that each delegate fliall at the breaking up of the prefent feffion be entrufted with a fealed letter containing the name of the place of meeting. This letter fhall be delivered, unopened, to his Con ftituents, the receipt of which fhall be acknowledged by a letter to the fecretary, preferved in the fame ftate until the period fhall arrive at which it fliall be deemed neceffary for the delegate ta fet off. This motion was feconded by Citizen Moffat." 44 And the fame was paffed unanimoufly." " The following Citizens were nominated a Secret Committee on this bufinefs, viz. Margarot, Jo. Clark, with the Secretary and Brown, and they were requefted to devife tlie heft poififele means of conveying this intimation to thofe Societies whofe views are the fame with ours, but may not have delegates at this Convention/' 44 A collection was made, and one pound feven (hillings drawn." 44 Mr. Binny complained that he had received a letter figned hy Robert Gilchrift, William Tod, James M4Leay, and Henry Vickars. After reading the letter, and arguing upon the fubject, it was refolved, that the letter fhould be burnt, and the door keeper ordered not to admit thefe vifitors to any future meeting." 44 The follpwing mptions were read, and ordered to lie over /pr the cpnfideratipn of the Convention by Citizen Ellis, fe conded by Citizen James Wilfon, that a fund be raifed by fub- fcription for defraying the expence of fmall patriotic publications to be diftributed in the Highlands." v Every publication fhall bear the figure of a Highlandman in full drefs, with target and broad fword, to attract the attention of Highland- ( 3" ) Htghlandrnen. No publicatipn to coft more than half- a penny." 44 Second, By Citizen Calder and Gourlay,. that a committee be appointed to draw up a declaration of the natural, unalienable, and unprefcriptable Rights of Man, and that the fame be pre fixed to the addrefs to the people of Britain." 44 Third, By Citizens Gourlay and Calder, that this Con vention do order the bill called the Convention, Act, paffed in Ireland laft feffion, to be publifhed." 44 Fourth, Citizens Hepburn and Binny, that when any com mittee is nominated, the Cpnventipn fliall fix the day when they ought to give in their report." "Fifth, By Citizen Jo. Clark and M. C. Brown, that a committee of obfervatipn be appointed in London to give the earlieft intimation of any motion of the kind mentioned in the foregoing refolutipns to the different fpcieties." 44 CONVENTION HALL, firft year pf the Britifh Conven tion, 29th of November, Anno Domini, 1793." 4C Tenth Day's Sitting. ( *4 Citizen Taylor in the chair, the reports ef the focieties being given in, Citizen James Wilfon was chpfen prefident, and Citizens Mpffat and John Clark were elected Counfellors at the Table." 44 The following vifitors were. admitted, JohnColvill, James Leighton, Robert Wilfon, Robert Hardie, George Lawfon, Daniel Campbell, James Smith, James Muirhead, John Muir- head, Drummond and Wallace, two ftudents, George Frier* William Auchinlech, Davies, William M4Gill, Robert Ruthver* Robert Campbell, Solomon Wilfon, Robert Still, Rob. Burnet, David Hay* William Scott, James Archer, David Miller, John Merrylies, Thorburn, Mather, Cpckfon, Jardine, John Lamb, James Laidlaw, James Gray, Steel, Kennedy, Galletly, Dickfon, Gray, Mitchell, John Keffon, John Fergufon, Rob. Play, Robert Martin, John Noble, Palmer, Cafter, Forrefter, David Clerk, Ogle, Denoon, Watt, Frafer." S « The C 3^3 ) 44 The Secretary read a motion prefented by M. Margarot and Jofeph Gerrald, for weekly publication of the minutes, which* after fome difcuffion with an amendment, propofed by Citizen Brown, paffed unanimoufly, and Citizens Moffat, Campbell, and Wm. Rofs, appointed the committee for drawing up tlie minutes." "Citizen Margarot gave in the Report of the Committee of Regulations, which were ordered to be printed, and copies given into the Sections on Monday for their confideration. Loft- it to the Committee of Publication to employ what printer they judge proper for printing the matters entrufted with them."' 44 The Secretary read John Clark's motion for a Committee of Obfervation to be appointed in London, Citizen Margarot ftated that there was no occafion for a Committee of that nature in London, as there were feveral thoufand people in that city upon the look out. It was accordingly agreed, that the Q<)n- vention (hould requeft the London Committee of Correfpon dence to give the earlieft intelligence of what paffes in Pax- iiament." 44 Archibald Wright's motion for enlightening the Highlands, as well as John Gartly, Bremfters, Kings, arid Eliis's, and Archibald Wright proceeded to fupport his motion which- he did by enumerating many of the grievances which our fellow Citizens in the Highlands labour under, with feveral other ex cellent remarks of his own. He was feconded by M. C. Brown, who ftated one manner of enlifting foldiers in the. Highlands which is too cruel not to be execrated, and too remarkable to pafs unnoticed, that when a man is what they tsrm refractory^ they take off his fhoes and ftockings, and hold his feet before the fire until excruciating torments make him agree to their nefarious meafure." 44 A collection was rtiade, and one pound fixteen (hillings and ten-pence halfpenny drawn." 44 A letter from a friend, &c. which had been tranfmitted to A. Scott of the Gazetteer, was read, containing patriotic fentiments and, two guineas. And Citizen Taylor prefented a guinea from another Citizen, whofe name he' was not at liberty to mention. • > it ( '3*4- ) . }t was ftated by the' Secretary that a Citizen from London tvas prefent who was to give five pound five (hillings to the Conven tion when a collection fliould be made for enlightening the Highlanders; The thanks of the Houfe was unanimoufly given to the before-mentioned Patriots for their donations." 44 Citizen Wright, Callender, Calder, Gerrald, and Sinclair, were elected a Committee to take into their confideration tlie beft method of diffufing by Conftitutional means political knowledge in the Highlands." 44 Citizen Margarot propofed that a fubfcription (hould be im mediately entered into to carry the above into effect, and pre fented one guinea for Gerrald and himftlf." 44 A fubfcription was immediately entered into for the above purpofe by feveral Citizens, and the Treafurer was entrufted with the paper and the money drawn. The paper is to lye upon the Table." 44 The Convention at ten o'clock adjourned till to-morrow at eleven." 44 November 30, 1793. 44 Eleventh Day's Sitting. 44 Citizen Wilfon from Strathaven conftituted the meeting by prayer, after which Citizen Haddow was called to the chafr, when the Secretary read a motion that a Committee beapppinted to revife each day's minutes immediately on the rifing of the Convention, for the purpofe of fending them to the prefs, to make hereafter a daily Bulletine of the fame, figned M. C. Brown and M. Margarot, the queftion being put,' the motion paffed unanimoufly. The Committee chofen laft night were ap pointed for this purpofe to be changed by a vote of the Con vention." • " The following vifitors were admitted, viz. Mr. Cranfton, William Rodger, Mr. Bourke." 44 The Secretary read a letter from James Fifber, wherein he informed the Conventipn that Englifh was the beft language for addieffing the Highlanders, that with pthers were ordered to be given to the Committee upon that fubject." 44 Citizen. ( 325 ) 44 Citizen Callender moved that no perfon fhould be allowed -the honour of the Sitting, unlefs recommended by two members, which with amendments as in the motion itfelf paffed unanimoufly." 44 A Commiflion from the Lawn-market Society appointing Citizen John Davies as a delegate from that Society to this Convention." - " The Secretary read a motion of Citizen Hart's, for the bill of Rights to be copied into the books of each Society. This motion paffed as a recommendation for each Society to have a copy of the "fame, &c. now publifhing by Mr. Skirving, &c." 44 The Secretary read a motion for publifhing the natural, unalienable, and imprefcriptable Rights of Man, which was ordered to be given to'the Committee of Union." 44 Moved, whenever a Committee is nominated, a day fhould be appointed for their giving in their Report. Referred to the Committee of Regulations." 44 A motion for printing the Convention bill paffed in the Irifh Parliament which was paffed over." 44 It was moved that Captain Johnfton (hould report fome cir cumftances to the Convention, for which purpofe the Houfe refolved itfelf into a Committee, when' he read an account of the tryal and fentence of D. Holt, for reprinting the Duke of Richmond's, and William Pitt's refolutions for a Parliamentary , Reform. After which, the Chairman being replaced, the Secre tary moved that Captain Johnfton (hould be allowed the honours of the Sitting." 44 Citizens Wilfon, from Strathaven, and Haddow, from Ha milton, requefted leave of abfence fhould be granted to them, and moved that all the Delegates who had left the Convention (hould receive letters to return immediately, and remain at their pofts until the important bufinefs which was daily intro duced into Convention fhould be properly difcuffed. A. Scott propofed that he would give a circular letter to the Delegates in the Gazetteer gratis;" 44 A- motion of William Campbell for a regular fet of books for the infertion of minutes, motions,, and other proceedings, a book of finance for the infpection of an intermediate Committee which Z paffed ( 3*& ) paffed with this amendment, that every perfon who made and feconded a motipn, flipuld fubfcribe his, pr their names in the bppk for cppying in the mptipns that have paffed." 44 A mptipn from Alexander Fprtune for refuting charges made • by Ariftocratic authors, was referred to the - Committee of Unipn." 44 A motion from Mr.Margarot for every Delegate to fubfcribe ¦ the minutes as a mark of his refolution to abide by them, which lays over for confideration of the Convention on Mon day." 44 Citizen Brown being appointed laft night to draw up an an fwer to-the letter which the Convention received, containing two guineas, read his anfwer, which was approved of and ordered to be publifhed in the Gazetteer." 44 A motion of David Downie to fine thofe members who did not attend their fections. The order of the day was called for." 44 A motion for drawing out a fcroll of a petition to Parliament being read, the order pf the day was moved upon it." 44 Four and ten-pence of a cellectipn was made, and the Con- ventipn adjpurned" till five p'clpck pn Mpnday." 44 monday, december 2, i793-" "first year of the british convention." "Twelfth Day's Sitting.'-' 44 Citizen John Clark Mafon in the chair, and citizens Downie and Romanus affiftants" at the table. Read the minutes of the laft .fitting." 44 Upon it being mpved that Citizen Smith's mptipn for ge- titiPning Parliament be difcuffed immediately, it was agreed, that Citizen Smith fhpuld withdraw it and prefent anpther." 44 The mptipn prefented pn Saturday by Citizen Margarot, was read by the Secretary, when Citizen Margarot rofe and fup- pprted it as well as Citizen Callender, who faw the neceffity pf pepple fubferibing to their principles. Citizen Brown did npt fee the motion neceffary, as any member of the Convention wpuld be liable to the penalties incurred by any act of the Con vention ( 327 ) Tention* although forty miles abfent from it at the time, it paffed." 44 Citizen Margarot pled that no man was bound for any act * of the Convention at which he was not prefent." 14 Citizen Browne defended the oppofite principle, and illuftra- ' ted his argument by the cafe of a peer, who was hange/1 for be ing in the company. of fome poachers who killed a game-keeper, though his lordfhip had left them before the deed was perpetrated." 44 Citizen Margarot prefented an amendment of his motion, which was feconded by Citizen Callender, and approved of by Citizen Brown, who defended the legality of pur meetings, and the conftitutional principles upon which we meet, and recom-> • mended unanimity as the bafis of our ftrength and fuccefs." 44 Citizen Skirving infifted that all the members, both of the Convention arid of the primary Societies, fhould .fubfcribe a folernri league and covenant." 44 Citizen Callender confidered the whole members to be air ready bound." 44 Citizen Gerrald pled for liberality of fentiment, and com pared the people and their enemies to the worfhippers. of the true God, and of Baal. He afterwards read fome paragraphs from the Edinburgh Herald, with fuitable comments, and compared the Conftitution of 1688 to a dead horfe. He (hewed the infipidity of the title Gentleman, and the propriety of the term Citizen. Remarked the impropriety of the mode of promulgating our laws, by reftricting them to be fold by one printer, and publifh ing them in the Saxon character, which few can read. , After many other remarks, humourous and ,feriou.sr he concluded by obferving, that the fignature affumed by the author A. B. was very proper, as his knowledge did not feem to go beyond the two firft letters of the alphabet." 44 Citizens Newton, Mealmaker and Aitchifon, expreffed their doubts of the neceffity of the meafure recpmmended in ,the amendment, which Mr. Brown rempved. Citizen Aitchifpn faid he was fatisfied. Citizen James Smith thought it favoured too i much of the meafures of Miniftry, in.fiftiing for .loyal ad dreffes. Citizen I$«.lmaker-was of the fame mind." Z 2 u Citizen t 328 ) 44 Citizen Margarot defended the meafure as a good precedent for future Legiflators. Citizen Skirving alfo pled for the motion ; infifted that it was proper, oil all occafions, to take the «, opinion of the primary Societies, and confidered the Convention as only a committee of the people." 44 Citizen Callender objected to the meafure as unneceffary, and acknowledged' himfelf wrong in having feconded it." 44 Citizen Margarot (hewed feveral advantages that would flow from paffing the motion, particularly in flopping the mouths of our enemies." 44 Citizen Philip faid,-whatever became of the metion he would .Report to his conftituents." 44 Citizen Brown infi fled, that as Citizen Callender' had objected * to the motion he had figned, he begged his name might be in ferred in his ftead." 44 Citizen Margarot pled in favour of the motion, that the approbation given by the mafiy thoufands of their conftituents in London, Sheffield, Norwich, Leeds, &c." 44 The motion being put to the queftion, was agreed to with one dhTentient voice, who afterwards withdrew his oppofi tion." 44 Citizen Browne read a fpirited advertifement from the Not tingham Society, inferted ih a Sheffield newfpaper." , 44 Citizens Mealmaker, and James Smith, being appointed colT lectors, nineteen fhillings arid three-pence three farthings were drawn and delivered to Mr. Reid the Treafurer." 44 -A motion was made by Citizen Scott, and feconded by Citi zen Aitchifon, that the Convention (hall pafs fome refolutions refpecting the Lite unprecedented and unwarrantable infringe ments on the Freedom o'f the Prefs ; particularly the arbitrary fentence of Judge Wilfon. againft Mr. Holt, ^or -reprinting the Duke of Richmond's and. Mr. Pitt's plan of Reform." 44 The tickets being collected tlie Sections were divided as follows." 44 No. 1." 44 John "Noble, James Tod, James Wilkie, John Auchinleck, Archibald Binny, James Foyar, Mitchell Young, Thomas Kennedy ( 3^9 ) Kennedy, James Calder, Peter Moffat, John Wilfon, David Brown, William Romanus, William Fleming, M. C. Brown, William Robertfon, David Lyon, David Malloch, Robert Orrock, Inglis." 44 No. 2." 44 William Johnfton, Peter Wood, Alex. Wilfort, Alex. Mac Kenzie," George Rofs, James Lawfon, David Downie, A. Knox, Thomas Cockburn, J. Grindlay, William Eel- beck, John Wilfon, Alex. Reid, James Smith, John Clark? John Muir, John Thynne, D. Taylor, J. Johnfton." 44 No. 3." 44 George Mealmaker, William Mac Cubbin, Robert Chriftie, John Davies, William Philip, Peter Hunter, John Thomfon, William Campbell, David Bertie, Alex. Fortune, William Bonthrone, Alex. Aitchifon, Maur. Margarot, John Wyld, James Bell, Andrew Newton, William Moffat, James. Smith, Paiftey." 44 No. 4." 44 Arch. Wright, Jofeph Gerrald, Alex. Scott, George Brookley, James Thomfon, John Dunn, David Gowans, George Callender, Alex. Bell, George Waddle, James Carmichael, William Rofs, Alex. Bremner, John Gourlay, John Ward- , law, John Buchanan, James Somervaill, Thomas Smith, James Tweedie." 44 Citizens Alex. Scot and A. Callender moved, that the Britifh Convention take under confideration a refolution paffed at laft meeting "of the Scottifh Convention, to petition the Commons Houfe of Parliament for a Parliamentary Reform." 44 Citizens James Smith and Peter Wood moved, that this Convention take under confideration, Whether (after th? con temptible manner in which the late petitions for Parliamentary Reform were treated) they fhall again petition for Reform, or at what period they fhould recommend the fame to their con ftituents. — The meeting concluded with prayer." Z 3 " thirteenth C 330 ) * 44 thirteenth day's sitting," 44 The meeting elected Citizen John Wilfon,' prefident, for this day's fitting, and Citizens Fortune, Young, ..and Wardlaw, affiftants at the table. — The Secretary read a commiflion from Perth, appointing Citizens Malloch and Smjth, delegates, for the focieties in that town, which appointment the Convention approved of unanimoufly." 44 The Secretary having read laft night's minutes, the Con vention proceeded to bufinefs." 44 Citizen Brown, of Sheffield, produced a commiffien from the Leeds Conftitutional Society, appointing him their Delegate, which was received and approval pf by the Cpnventipn." 44 The Convention, upon a motipn by Citizen Campbell, re commended to the focieties to meet as ufual in their refpective focieties for receiving new members." 44 The committees were called upon for their reports.— The excufe from the committee was received. — The Corhmittee of Regulation produced' fome additional rules for tlie confideration of the Convention, which were repprted by Citizen Margarot, ¦one by one, after the Convention had agreed, by a vote, to poft- pone the final confideration till the whole (hould be printed, and laid urtder the confideration of the fections." 44 After hearing Mr. Margarot, the additional regulations were ordered to be printed, and laid before the fections to-morrow." 44 Upon a motipn by Mr. Skirving, that the lift pf fabferiptions for prompting political knowledge in the Highlands, fhould be" remitted to the committee 'on that bufinefs, be promoted in fuch manner as they fhall judge neceflary. — The Convention accord-, ihgly remitted the fame." 44 Mr. Scott's motion and refolutions being read, Citizen Aitchifon was called UpOn* in abfence of Citizen Scott* the mover, tp defend them, whp faid that his fole mptiv.e in feconding them Was, that they might get a fair hearing. — Citizen Mar garot op'pofed "the bufinefs, as foreign to that which we were met upon, and thought it uftneceffary to attempt to lop off the branches, while we Were' endeavouring to-^ " 44 Citizen { 33i ) 44 Citizen Callender defended the refolutions as neceffarily con nected with the bufinefs before us." 44 Citizen Skirving infifted, that we had no proper data or official information to proceed upon." 44 Citizen Aitchifon argued, that the newfpapers, however falfe in other refpects, could not err in rehiring matters of this kind} and propofed that, as Mr. Scott was abfent, the further con fideration of the motion and refolutions (hould either be poft- poned till to-morrow evening, or remitted to a committee." 44 Citizen Margarot had no objections to a delay, but urged many reafons why either no notice fhould be taken at all, or only a flight general refolution paffed and mentioned." 44 Citizen Brown argued, that the perfecution of individuals ferved the caufe of reform, and therefore it would be improper to flop them in their prefent career." 44 The Prefident having put the queftion to proceed or delay the confideration of the motion, it was unanimoufly agreed to delay it till to-morrow." 44 Citizens Wild and Jo. Clark being appointed 'collectors, eighteen (hillings and nine-pence were collected." 44 A commiflion of delegation from Paifley, in favour of Citizen James Smith, was. read, and his name ordered to be enrolled." 44 The new delegates from Paifley and Perth were added to the Committee of Finance, who appointed to meet at Rofs, half paft three." 44 Citizen Aitchifon moved, that the office of Depute Secretary be abolifhed." 44 Citizens Gordon, Murray, and John Wardlaw moved, that the fentences of different courts againft our brethren, in the caufe of Liberty, (hould be printed and publifhed to the world, that the world may judge of the merits of thefe merciful fentences." 44 Citizen Margarot moved an ironical amendment of Citizen Scott's motion." Z ^ *4 EDINBURGH, ( 332 ) 44 EDINBURGH, NOV. 3, 1793." (Error in the original. — Should be \th December.) "Fourteenth Sitting of the British Convention." 44 No reports being received from any of the fections, fave one. — After prayers by the prefident of the former fitting, Mr. Mac Cubbin was unanimoufly called to the chair. — James Wilfon, from Paifley, to the council table." 44 Read the minutes of laft fitting ; called for the reports, if any, from committees. — Mr. Margarot begged leave to bring in a motion to 'the effect, that the moment of -the illegal difperfion of the prefent Convention be confidered as our fummons to repair to the place of meeting appointed for the Convention of Emer gency, by the Secret Committee, and that the fame motion be confidered this evening." 44 Leave was accordingly granted." 44 The Convention then heard the only two motions on their table read, which regarding the fame matter, and it being ob jected, that the bufinefs of thefe motions was to be taken up to morrow evening, after fome converfation it was carried by a vote of the Houfe, to delay further converfation till to-morrow evening." 44 Mr. Margarot being prepared to bring forward' his motion above mentioned, the fame was taken under confideration, and is as follows : 44 Moyed, " That the moment of any illegal difperfion of the 44 prefent Convention, fhall be confide'red as a fummons to the 44 driegatcs to repair to the place of meeting appointed for the 44 Convention of Emergency, by the Secret Committee; and 44 thit the Secret Committee be inftructed to proceed, without 44 delay, to fix the place of meeting." - < 44 The Convention having confidered the motion fully, unani moufly refolved. the fame, and appointed the Secret Committee to proceed as defired." 44 Citizen Scot brought forward his moved refolutions rela tive to the fevere fentences paffed againft Daniel Holt, the printer, &c." 44 A commiflion ( 333 ) 44 A commiflion to Citizen James Boyd, from the Friends of the People, in KilmarnOck, to reprefent them in this Convention,- was read and fuftained." . , 44 An amendment was propofed by way of fubftitute to Citizen Scot's refolutions, as was alfo anpther refolutiori, by way of fub- ftitution to fame, was offered by Citizen Margarot, and read." 44 After fome converfation the Convention, upon a motion by the Secretary, agreed to refer the motion, with amendments, to the mover, the amenders, together with Citizens Brown, Gerrald** and Callender, and appointed them to report againft Saturday firft, at the furfheft." 44 .Read the following motion by Citizen Callender : "Refolved, that the following declaration and refolutions be inferted at the end of our minutes : 44 That this Convention, confidering the calamitous confe quences of any act of the Legiflature which may tend to deprive the whole, or any part of the people, of their undoubted right tot meet, either by themfelves, or by delegation, to difcufs any matter relative to their common intereft, whether of a public or private nature, and holding the fame to be totally inconfiftent with the firft principles and fafety of fociety, and alfo fubverfive of our known and acknowledged conftitutional liberties, do hereby declare, before God and the world, that we (hall follow the wholefome example of former times, by paying no regard to any act "which (hall militate againft the Conftitution of our country, and fhall continue to affemble and confider of the beft means by which we can accomplifh a real reprefentation of the people, and annual' election, until compelled to defift by fuperior force." 44 And we do refolve, 44 That the firft notice given for the introduction of a Con vention Bill* or any bill of a fimilar tendency to that paffed in Ireland, in the laft feffion of their parliament, or any bill for the fufpenfion of the Habeas Corpus Act, or the " Act for pre- " venting wrongous imprifonment, and againft undue delays in <4 trials in North Britain;" or in cafe of an invafion, or the admifiiori of any foreign troops whatfoever into Great Britain or Ireland, ( 334 ) Ireland, all, pr any ope of thefe calamitous circumftances, fh&H be a fignai tp the feveral delegates tP repair to fuch place as the Secret Cpmmittee pf this Cpnventipn fhall apppint; and the firft (even members (hall have power to declare the fittings permanent, arid twenty-one (hall conftitute a Convention, and proceed to bufinefs." 44 The Convention doth therefore refolve, That each delegate, immediately pn his return hpme, do convene his conftituentf, and explain to them the neceffity pf electing a delegate, or de legates, and of eftablifhing a fund* without delay, againft any of thefe emergencies, for his or their expence ; and that they do inftruct. the faid delegate, pr delegates, to hold themfelves- ready to depart at one hour's warning,'' " EDINBURGH, NOV. 6, 1793." •" GENERAL COMMITTEE." . 44 Citizen Urquhart in the Chair." 44 It was moved, that ftrangers, who often attended the focieties, and who never came forward to fubfcribe the bopks, (hould be called in queftipn, and afked their reafons.; — It was agreed for tfie Secretary to go round, and cpllect the names of the ftrangers." tf? 44 Citizen Hamiltpn Rpwan, Simon Butler, from Ireland, Mar- jgarpf, Sinclair, and Grerrald, from Lpndpn, were introduced, and received with acclamations." 44 The Secretary read the minutes pf laft cpmmittee." " The Secretary ftated, that, in cpnfequence of the delegates from London having arrived too late for the Convention,, he, with advice, had recalled the delegates from .the cpuntry, and appointed the 19th pf this mpnth tp be the fii-ft day pf meeting." 44 Citizen Margarot, from Lpndpn, ftated to the committee, that 500 conftables attended their meeting in Lpndqn? in order to apprehend them, when fending delegates to this country. — They pvercame that obftacle.— But a journey pf 40.Q miles, is not a journey Qf a moment,— They arrived the day after .—The Convention { 335 ) ¦Convention hoped that the recalling the delegates would ftrike terror in our enemies, wid while we behaved according to the laws of the country, we did not need to be afraid." 44 Citizen Buchanan moved, that the delegates from London fliould tell the fituation of their fociety." 44 Citizen Margarot anfwered, that the focieties in London were very numerous, though fometimes fluctuating. — In fome parts of England whole towns are reformers. — Sheffield, and environs, there are 50,000. — In Norwich there are 30 focieties in one. — If we could get a Convention of. England and Scotland called, we might reprefent fix or feven hundred thoufand males, which is a majority of all the adults in the kingdom, arid Miniftry would not dare to refufe us our rights." 44 Citizen Butler faid, he did not knew how far he was at liberty to fay any thing, as he was not a delegate, but he would give an account of Ireland: the executive part of the government were almoft omnipotent — the landed intereft is almoft ariftocratic— the manufacturer idle— laft parliament was expected to have given Ireland emancipation — -however that profpect was flattering, a few weeks changed the fcene — ari infamous coalition took. place between the Oppofition and Miniftry — the catholics re- ¦ tired with what they had got — no longer oppofed by them, the Governrftent turned their oppreffive meafures againft the friends pf reform— the united Irifhmen were profecuted — he himfelf had experienced fix months imprifonmejit — Belfaft was declared to be in a ftate of rebellion — though Freedom was not cried up in the ftreets, yet it dwelt in almoft every heart. — Univerfal emancipation was the meafure for which he was an advocate. — All that he knew of this country was, that the firft day his friend was in Edinburgh, he was arretted for nothing that he knew, except it was for being fo "wicked as tocorne here. — In Scotland they yet met in Convention — in Ireland the Parliament had enacted laws againft if. — When a law like that fhould take place here, he Was afraid Freedom would vanifh." 44 Mr. Callender faid, that he hoped thofe that would pafs fuch an act, aJl "day; at night we were examined and admitted to bail,each in 44 the fum of two thoufand Merks. 44 Friday morning at nine o'clock, we were fent for again wkh- 44 out a- warrant, for the purpofe of being prefent at the opening of ," a fmall trunk, containing our papers ; but M. M. protefting 44 againft the illegality of the whole of the proceedings, and refuting 44 to give up the key, the Sheriff Subftitute, and the Procurator 44 F.ifcal dared to prpceed no farther in the bufinefs. 44 Saturday morning at nine o'clock, two meffengers came again 44 into our room with Gerrald ; they left a fummons to appear at 44 ten o'clock with M. M. ; they left nothing but a requeft to-ac- 44 company Gerrald to the office, yet when arrived.there, he found "that a warrant was iffued againft him, for the purpofe of detain-^ " ing him a prifoner. While the box was opened, and- the papers 44 examined, M. M. ftill perfifting in his refufal, the key was forced "f.om him, the trunk was opened, the papers examined, and part- 44 ly reftored ; the other part was kept, and a declaration drawn "up Which he was required to fign, but refufed, protefting againft 44 the whole of the bufinefs. Gerrald, however, figned what, was - " drawn up. in his name, and we were once more liberated ; and " fince then, now already twenty-four hours, no further perfecu- " tion has been commenced againft us ; but while we, as individu als, were thus harraffed, (Thurfday) thewhole of the Convention 44 were equally ill ufed ; many of them were taken, into euftody, " and when the remainder met' as ufual, the Provoft, attended by 44 his myrmidons, went, and after pulling Matthew Campbell " Browne, of Sheffield, out of the chair, ordered tlie Convehtipn :to 44 difperfe, 1 i ( 34° ) " difperfe, and informed them' that he would allow rio fuch meet- 44 ings in future. (Friday) the next day, the Cpnvention having 44 agreed to meet at another place, out of the jurifdiction of the 44 Provoft ; we had not been long affembled before the Sheriff, " with his myrmidons, appeared among us, and commanded us tQ 44 depart ; after having afked whether that meeting was the Britifh 44 Convention, and being anfwered in the affirmative, he next en- 44 quired who was prefident, upon which M. M. having openly 44 afked, and obtained leave of the Convention, placed himfelf in 44 the chair ; informed the Sheriff that he, M. M. was then Prefident 44 of the Britifh Convention, and that he would not break up the 44 meeting unlefs unconftitutionally forced thereunto by the She- 44 riffs pulli'ng.him out of the chair ; which the latter (after fome 44 little hefitation) having complied with, the Ex-prefident, (Ger- 44 raid) was' alfo put into the Chair, which he would not leave 44 but by being pulled out ; adjourned the Convention to the place 44 where it was to become permanent in its fitting, and having 44 called upon his colleague Gerrald, for to clofe the meeting with 44 prayer, the company departed peaceably, but not without vari- 44 ous reflections on the proceedings, and thofe reflections not 44 confined merely to the Members of the Convention, but com- 44 ing alfo from the' crowd without doors, and, even from the at- 44 tending conftables. The next day a proclamation was iffued by 44 the Provoft, forbidding all affembling within the limits of his 44 jurifdiction. We know not what will happen, but we venture 44 to predict that all this perfecution will increafe rather than di- | ;t 44 minifh the ardour of the people for Reform. The country ' 44 Spcieties hearing pf this, are hourly pouring in frefh Delegates. 44 Want of paper forbids my writing any more. 44 Adieu ! yours, 44 M. M." 44 Edinburgh, December 19, 1793. 44 Fellow Citizens, 44 It is impoffible for us to find time to write you as we ought ; 44 every inftant we are interrupted, pr rather tlie Hpufe is npt free >|; A 44 from vifitors from early hour until twelve at night, and we have 44 befides fuch a variety of bufinefs upon our hands that we can 44 fcarcely make any progrefs. ¦ However, as Sinclair, the Dele- ,;,| 44 gate ' { 34i ) k gate of the Society for Conftitutional ' information, will arrive 44 in town as foon as this letter, he will be able to give you ari 44 accurate verbal detail of all the infamous proceedings which "have taken place here— of the progrefs of Reform, and of the 44 plans for future operations. My colleague Gerrald alfo propofes 44 to leave this place the latter end of this, or the beginning of 44 next week. He will explain himfelf to you. Pray fend him « money for his journey, &c He is now gone to Perth pn very 44 urgent bufinefs. Excufe me. from entering into any detail at 44 prefent. We have to acknowledge your two laft letters ; they 44 came fife, but flow, being delivered only five days after their 44 date, where the delay originated* we cannot tell — your firft 44 gave us a draft for twelve guineas ; and your fecond enclofed a 44 ten pound note, both very acceptable ; but we are forry to add, 44 that they do not clear our expeneeS. Expences which are no 44 ways ¦ owing to extravagancy but to abfolute neceflity, and are 44 extremely profitable to the caufe itfelf. We well know how 44 heavy the burthen is on the Society ; and we grieve that our 44 former facrifices (hould have left us little elfe to offer other than 44 our perfonal exertions. We feel as We ought the approbation , 44 you beftow on our conduct ; and we flatter ourfelves, that our 44 future behaviour will give you.no reafon to think your praife 44 prematurely beftowed. Since Sinclair's departure nothing new 44 has occurred, excepting the formation of a. Society fome where 44 about the Grampion Hills ; they have already got .the intelli- 44 gence that the Convention mean to enlighten .the Highlands ; 44 and they teftify their gratitude for our remembrance and our 44 exertions, arid have already made a fubfcription towards it. — 44 Again interrupted, and likely to lofe the poft, unlefs I difpatch " this immediately. ' Believe me FellOw-Citizens, yours unto 44 death. « MAURICE MARGAROT." 44 Pray, my worthy friend Hardy, did you fome weeks back " receive an enclofed letter to Preval ? Did you likewife receive V the papers and parcel fent you by the Charlotte, on Wednefday 44 the ioth inftant ? Have you done any thing with that piece of A a "paper? { 34* ) "paper? Have you written to Norwich*, and have they anfwered 44 you ? — I have fent them news regularly, but have not received a 44 fingle letter from them. Send them fome frefh mode of direct- 44 ing to me, or elfe let them fend their letters to you firft. — Pray 44 queftion Sinclair moft particularly— vale & amor." Addreffed , 44 Mr. Thomas Hardy, No. 9, Piccadilly." Mr. Thomas Maclean, I found thefe two papers in the poffef fion of Mr. Adams. Alexander Grant faid he believed them to be the prifoner's hand-writing. They were read. ." London, January 10, 1794. 44 Citizen Adams, 44 The Lpndpn Cprrefppnding Spciety begs the Spciety for 44 Cpnftitutipnal Information to accept of a few copies of M. 44 Margarot's indictment. 44 THOMAS HARDY, Secretary. 44 P. S. The London Correfponding Society is to have a Gene- 44 ral Meeting, and anniverfary dinner pn Monday the 20th inftant 44 at the Globe Tavern, Strand." Addreffed 44 Citizen Adams, Secretary to ihe Society for Conftitutional Infor- 44 mation. 44 London, January 11th, 1794. " Fellow Citizens, 44 1 have juft received a letter from Citizen Margarot at Edin- 44 burgh, with fome of the Edinburgh Gazetteers, where you will 44 fee that Citizen Skirving is found guilty, and fentenced for four- 44 teen years transportation to Botany Bay. Margarot's trial 44 comes next, he meets it with great firmnefs and refolution. I 44 have no time to make my comments on the proceedings, but I 44 think our oppenents are cutting their own throats as faft as they 44 can. Now is the time for us to do fomething worthy of men, 44 the brave defenders of Liberty, South of the Englifh Channel, , " are ( 343 ) * are performing Wonders, driving their enemies before them like 44 chaff before the whirlwind. Margarot tells me that he has not time 44 to Write to you juft now, but he hopes to have time very foon, 44 when his trial is over, and immured in a prifon. The. London 44 Correfponding Society is to have a General Meeting and an 44 anniverfary dinner on Monday the 2Cth inftant at the Globe Ta- 44 vern, Strand. I have fent you fome of Margarot's and Skirving's 44 indictment, with two copies of a pamphlet on brewing, he is a 44 member of our Society the author, if you approve of it you may 44 put it in practice, and be a great faving to many families, alfo a 44 diminution of the Revenue, for every one brewing their own 44 beer pay no duty for it, excufe hafte, I ftill remain, &c. (Signed) « THO. HARDY" James Davidfon, (Sworn.) Examined by Mn Garrow. £h I believe you are a Printer by bufinefs ? A. Yes. J^. Was you employed at any time to print a number of thefe papers ? A. Yes. &>. When was you employed ? A. I believe it was the' 20th of February laft. ^. By whom was you employed ? A. Thelwall brought me the manufcript. 4>. Was any body with him when he came with it ? A. Yes, there was, but I do not recollect who. 4>. Were there more perfons than one ? A. Np. J^. What prders did he give you refpecting it ? A. He defired me to print off Mr. Erfkine. Is this evidence ? Mr. Garrow. .We fubmit that it is. Mr. Erfkine. Then I object to it, what Mr. Thelwall faid is no evidence againft Mr. Hardy. Mr. Garrow. I fubmit to your Lordfhips that it is the cleareft evidence in the world after that which your Lordfhips and the A a 2 J"1? ( 344 J) Jury have already heard. We have proved by a great Variety of' evidence, much of it under the hand and fignature pf the prifoner now at your Lordfhip's bar, much by papers found in bis cuftody at the time of his apprehenfion, a clear connection and confpiracy upon the fubject of this High Treafon between Mr. ThelvWill a«d the prifoner. We therefore fubmit to your Lordfhips with confidence* but with deference undoubtedly, that all the acts pf Mr. Thelwall, or any other perfon againft whpm we have given evidence, fit to be fubmitted to the Jury of their acceffion to the general plan ef the cenfpiracy, is clearly evidence againft every man charged with that cpnfpiracy, this therefore is an act of Mr. Thelwall's ; it is hardly wprth difcuffing in this inftance, only that it is as well to dp it the firft time that the objection arifes ; but we have other evidence, fuch as the Defendant's pay ing for the printing ; but having given evidence of Thelwall and Hardy, being parties to the general confpiracy alledgdd as High Treafon, we have a right to give in evidence any acts of thefe confpirators relative to that object againft any of them. Mr. Erfkine. There is no manner of doubt that upon an in dictment for a confpiracy, be the confpiracy to do one act, • or another act, or be the quality of the act done, when it is done, what it may, that as far as ypu can connect perfons acting to gether towards one purpofe, which purpofe conftitutes the crime, you may undoubtedly involve them together by evidence, but that is not the queftion here. I wifh to be underftood that. I have no anxiety upon the fubject, becaufe it is a printed paper, which has been in all our hands, and was yefterday ftated at great length by Mr. Attorney General in the ceurfe pf. his opening ; but it is only that the proceedings may not be embar- raffed in the courfe of them that makes me interpofe. Mr. Thelwall gives a paper to this witnefs to be printed, if my friend Mr. Garrow can fhew that Mr- Hardy afterwards paid for the printing of this paper, then this will be fo much time loft ; but if that is not before yeur Lprdfhips, as it is not, there may be a difference in the quality pf the act, by the pro ceeding further to the printing a paper; for inftance, fuppofe this paper itfelf contained fomething criminal, could your Lordfhips fatten ( 345 ) fallen that crime upon the prifoner, by Mr. Thelwall's having directed this gentleman to print it ; the knowing that a paper is printing, and giving an authority to print it is different ; fup- pofing that paper contained Treafon in itfelf, which I know it does not, that might be mifprifion of Treafon, but could not he Treafon itfelf, therefore I humbly apprehend that in a criminal cafe of this enormous fize your Lordfhips will not ftretxh the rules of evidence, fo as to allow it to be afked of this witnefs, -¦' whether Mr. Thelwall did direct him (the prifoner, Mr. Hardy, not being prefent) to print that paperj the nature of which I do not know. Lord Chief Juftice Eyre. That is what I was going to oh- ferve, the infifting on one fide, and objecting on the other,- is perfectly premature, for not .knowing what the contents of. the paper are, the Court cannot judge whether it is a branch of the evidence of the general confpiracy, or fomething perfonal witli which the prifoner has nothing to do'. ; 1 Mr. Garrow. I take the liberty of ftating to the Court; that - the- ground and foundation upon which I humbly fubmit to read this paper is, that it is an inftrument to carry into effect the general High Treafon charged in this indictment. One ftage or ftep of the cpnfpiracy being a paper to excite the Subjects, of this Country to defe'rt their allegiance, and in defiance of that allegiance to fet about to call a Convention by force to affume the power pf the Legiflature. It is as an inftrument and a paper , to carry that into effect that we defire to read it. Mr. Erfkine, Is your Lordfhip to take that from Mr. G.arrsw's -afTertion, " : ' Lord Chief Juftice Eyre. It is neceffary border for the Court to judge whether it is of the tendency you defcribe, to open, to us. that part of the paper which you fay has that tendency. .1 have caff my eye over the paper, and I fee that there is a pafla^e in it which does go to the general object. " Mr. Gibbs. I underftand the point that Mr. Garrow contends is this, that though Mr, Hardy only is now upon trial, yet be caufe one avert act laid in the indictment is that papers were publfhed, that for the purpofe of proving that overt act, -part of 'a A a 3 paper ( 346 ) paper delivered by Mr, Thelwall to be printed is to be given in evidence againft Mr. Hardy, Mr. Garrow. I fliall not by any ingenuity pf my Friend be drawn' into the argument pf an abftradt queftion, I forbore to ftate the paper left it might be faid I was giving the effect of it, I will now ftate the paffage which I fay demonftrates that it is of that quality. " You may afk, perhaps, by what means fliall we feek redrefs. We anfwer that men in a ftate of civilized fociety are bpund to feek redrefs pf the grievances from the laws as fong as any redrefs can be pbtairied by the laws." " But pur common mafter whpm we ferve ( whpfe law is a law pf Liberty, and whpfe fervice is perfect freedpm) has taught us npt to expect to gather grapes from thprns, nor figs from thirties. We muft have re drefs from our own laws, and not from the laws of our plun derers, enemies, and oppreffors. There is no redrefs for a nation circumftanced as we are, but in a fair, free, and full re- prefentatioh of the people," Now we alledge and humbly infift that we have given much evidence to (hew that the purpofe of this confpiracy, which is charged to be High Treafon,, was by force to affume the power of legiflation, in defpite pf the cpnftituted authorities pf the Cpuntry, as they at prefent happily exift here, by fubftituting a Convention of the people, Mr. Erfkine, Our objection is merely with regard to this coming from Mr, Thelwall, your Lordfhip wijl difpofe of it as you pleafe, I have no anxiety about it. Lord Chief Juftice Eyre, This purports to be a paper cpn- taining a refolutipn at a General Meeting of the London Corref- pondiiig Society, held at the Globe Tavern, it is brought to the printer by one of the members of that Society, the Prifoner being another member of that Society, acting in that Seciety as the Secretary, then they being bpth invplved therefore in the proceedings pf that Spciety, and this being a printed paper pro duced by one pf them, it does feem to me that in a general charge pf a confpiracy, this is evidence to prove a circumftance in that cpnfpiracy, whether it will be ultimately fo brought home to the prifoner, Hardy, as that he (hould be refponfibje for tie ( 347 ) the guilt of having publifhed it, may be another confideration* hut that it is a branch of the confpiracy, and a circumftance oc curring in it, the import of the paper plainly proves. It does feem to me, therefore, that it is admiffible. Mr. Garrow. What directions did Mr. Thelwall give you, when he brought you the manufcript for the purpofe of printing ? A. He told me to print off two thoufand, and then flop. Jf*. What was you to do with the two thoufand, when you had printed them ? Mr. Gibbs. Does your Lordfhip think that all the directions which Mr. Thelwall gave, are to be received in evidence ? Lord Chief Juftice Eyre. Whether -it is two thoufand, or what number, cannot be material, it is the publication of an act of this Society, Mr. Erfkine. Your Lordfhip means that it will have an ap plication to every member of the Correfponding Society. Lord Chief Juftice Eyre. It applies to the Society, as far as relates to the general tranfactions of that Society, but as far as it may conftitute individual guilt, which may be feparated from the general guilt of the parties to the general plan, that is ano ther confideration. • Mr. Garrow. Did you print the number ordered ? A. Not that day. gK How foon did you print them ? A. I printed two hundred of them that day, and carried therii to the Globe Tavern, when I went to the Globe Tavern I met Mr. Hardy on the flairs. jj). Did you know him before ? , A. Yes. J^. Was you a member of the Society yourfelf? A. Yes. iP. You had then probably been prefent at fome of the Meet-. jngs of the Society. A. I was not at that Meeting. ^ Had you been prefent at any Meetings of the Society be fore you met Mr, Hardy upon the flairs at the Globe Tavern ? . A. Not fome time. A a 4 ^ Had » ( 3*8 ) f j|*. Had you ever feen him there? A. Yes. J-j*. In what character did he act at the Meetings ? A. In the character of Secretary. J§\ What paffed when you met him. on the flairs ? ' A. I told him I had brought two Hundred copies pf the Refb* lutions, he defired me to take them back again, and not diftrjhute one of 'them, accordingly I went home with them, and returned again to the Globe Tavern to dinner. 4j\ You faid February, do you mean February or January ? A. I am not fure to the month. ¦ ' -f . • j|\ Was it on the day at which the Refolutions were CPme to ? A. The day of the Meeting. ijj. At what time of the day was it that you faw Mr. Thelwall wheji he brought you the copy ? A. It was, I believe, between Pne and two o'clock. !%. At what time was it that you carried the two hundred copies to the Globe Tavern ? A. Between four and five. £>. You returned home with thefe two hundred by the direc tion of Mr. Hardy, and came back to the Globe Tavern to dinner ? A, Yes. S>. At what time was that ? A, At pretty nigh fix o'clock. 4|\ Were you prefent at the time thefe Refolutions were pro-. pofed in the Society ? A. No, I was not, J|\ Was it on the day upon which the Refolutions purport, by Mr. Thelwall's paper to be come to, that you went to the Globe Tavern, or a month after ? A. I had the copy on the 18th, and delivered the two hundred on the 20th, J%. Look at tbe paper, and tell us whether it was January or February, is the date correct ? J. Yes. $ ^ Then ( 349 ) J^. Then da you believe it was the 1 8th of January, and not ihe i8th of February, upon which you had the copy?, A. Yes, I fee now that it was January. 4J. Have ypu any doubt of that ? A. None. J^. When you returned again, was it to a private dinner or a public dinner of the Society ? A. A public dinner, every pne paid for his ticket. ' J^. Was there any Chairman at the dinner, did you fee my perfon in the chair ? A. I am not very fure, I think Mr, Thdwal) was in the chair, but I am not fure. J^. Was Mr. Hardy there ? A, Yes, he was. j^. When you returned to dinner, did you carry any copies of the paper you had printed witli you ? A, No, I did not. £K What did you do with thefe copies afterwards ? A. Somebody was fent for them to my houfe. J$K Where from ? A. From the Globe Tavern. 4\ From the Meeting ? A. Yes. <§K Were they brought to the Meeting ? A. They were. 4>. What was done with them there ? A. I faw only one of them. JjJ. Where did you fee that ? A. Somebody handed it round the table, I am fure I don't know who it was. $>. How many perfons might there be affembled at that Meeting ? A. I dare fay there were about three hundred or thereabouts, as near as I could guefs. 4>. How late did you flay? ft, Till ten o'clock, or thereabout?. % Did ( 350 ) 4k Did you print any more of them at any time ? A. Yes. 4VWlien?A. I cannot be particular to the time, I printed in the courfe of that week, I believe, a thoufand more. 4k By whofe order I A. Mr. Thelwall's order was to print two thoufand, I com pleted the two thoufand according to his original order. 4k What did you do with them when you had printed them ? A. I carried a good many of them to Mr. Hardy's. 4k What did you do with the reft ? A. People came for fome now and then. 4k What people ? A. Some of the members of the London Correfponding So ciety came for them. 4k And did you deliver them as they came for them? ,A. Yes, fome afked for a dozen, or half a dozen or fo, and I delivered them. 4k Did ypu print any mpre than the twp thpufand which Mr. Thelwall priginally prdered ? A. Tp the beft pf my recpllectipn I printed -fix thoufand more. 4k By whofe orders did you print them ? A. I believe Mr. Hardy gave me erders to go on with them till I fliould be defired to (top. 4k Was you ever defired to flop, and when ? A. I was defired to flop, I believe, in the month of March. 4k Did you go on printing them till the month of March r A, I did now and then occafionally as they were wanted. 4k How many thoufand might you print in all ? A. Eight thoufand. 4k Who paid you for them ? A. They are not paid for yet, 4k On whofe credit did you print them, did any body at any time promife to pay you for them? A. Np. 4k Ha44 ( 35i ) 4k Had you any converfation with Mr. Hardy about bang paid for them ? A. No, I had no', no further than I put them down to the credit of the Society. 4k Who defired you to do that ? A. He did not defire me, but he, as Treafurer, was to re ceive the money, and fee the debts of the Society paid. 4k Who was ? A. Mr. Hardy. 4k Did you riiake the Society debtor for them ? A. Yes, I did. 4k Have you printed upon other oecafions for the Society? A. I have. 4k Who paid you? A. Mr. Hardy. It was read. 44 AT A GENERAL MEETING 44 OF THE " LONDON CORRESPONDING SOCIETT, " Held at the Globe Tavern, Strand, " On MONDAY the 20th Day of JANUARY, 1794. *< CITIZEN JOHN MARTIN, in the CHAIR.- *' The following Address to the People af Great Britain 'and " Ireland, was read and agreed to. 44 Citizens, 44 We find the nation involved in a war, by which, in the courfe 44 of ONE Campaign, immenfe numbers of our countrymen have 44 been flaughtered ; a vaft expence has been incurred, our Trade, 44 Commerce and Manufactories, are almoft deftroyed, and many 44 of our Manufacturers and Artifts are ruined, and their families 44 ftarving. 44 To add to our affliction, we have reafon to expect, that *l Other taxes will foon be added to the intolerable load of impofts "and ( 352 ) 44 and knppfitions with which we are already overwhelmed!; for 44 the purpofe of defraying the expences which have beeri incur- "red,,in a fruitlefs crufade^to re-eftablifb the odious defpotifin of 44 France. 44 When we contemplate the principles of this war we confels "ourfelves to be unable to approve pf it, as a meafiire,, either of "juftice or difcretion; — and if we are tp form our calculation 44 of the refult, from what has already paffed, we can only look 44 forward to defeat and the eternal difgrace of the Britifh name. "While we are thus engaged in an expenfive and ruinous " and foreign war; our ftate at home is not lefs. deplorable. 44 We are every day told, hy thofe perfons who are interefted •' in fupporting the Corruption Lift, and an innumerable Heft of 44 Sinecure Placemen, that the Conftitution. of England, is. the 44 perfection of human wifdom ; that our laws . (we fhould rather 44 fay, Their laws) are the perfection of juftice ; and that their 44 Adminiftration of thofe laws is fo impartial and fo ready, as " to afford an equal remedy, both to the rich and to the poor ; 44 by means of which, we are faid to be placed in a ftate of ab- 44 felute freedom, and that our Rights and Liberties are fo well 44 fecured to us as to render all invafion of them impoffible. "When we afk, how we enjoy thefe tranfcendant privileges; 44 we are referred to MAGNA CHARTA, and the BILL of "RIGHTS, and the glorious REVOLUTION; in the year 44 1688, is held out to us, as the bulwark of Britifh liberty. "Citizens, . . 44 We have referred to Magna Charta, to the Bill of 44 Rights and to the Revolution, and we certainly do find that our 44 anceftors did .eftahlifh wife and wholefome laws : But we as 44 certainly find, that, of the venerable Conftitution of our an- 44 ceftors, hardly a veftige remains. 44 The only Chapters of the Great Charter, which are now 44 in legal exiftence, are the 14th and 29th. 44 The important provifipn of the 14th Chapter, runs thus : 44 A Freeman fhall not be amerced for a fmall fault, but after 44 the manner of the faujt ; and for a great fault after the great- 44 nefs thereof, faving to him his coriteriement ; and a Merchant 44 likewife, { 353 ) * rikewife, faving to him his merchandize-, And any ©flief*s u villain than ours fhall be likewife amerced, faving to him his 44 wainage ; And none pf the faid amerciaments fhall be alTeffed, 44 but by the oath of honeft- and lawful men of the Vicinage." 44 But by the ufurped power of the judges, in affeifing Fines 44 (and what Fines ! !) in the Cafes of Mifdemeancur -, this glori a-pus Right pf the Subject, of having thefe fines affeffed by the 44 Jury, {the only poflible protection from flavery and the vileft "oppreffion) is unjuftly and infamoufly ravifhed from us. 44 The provifion of the 29 th chapter, runs thus : 44 No Freeman (hall be taken or imprifoned', or be diffeifed of 0 his freehold, or liberties, or free cuftoms, or be outlawed, or 44 exiled, or any otherwife deftroyed, nor we will not pafs upon & him, nor condemn him, but by the lawful judgment of bis 44 peers, or by the law of the land. We -will fell to no man, 44 we will not deny, or defer to any man, either juftice or 44 right." 44 The various methods now in conftant practice by which the "'benefits of this provifion are totally defeated and deftroyed, 44 might induce us to fuppofe, that the GREAT CHARTER . 44 has been repealed ; if we did not afiuredly know, that it is the 44 fundamental bafis of our conftitution ; which even the REAL 44 reprefentatives of the people (much lefs the miferable nominees "of HELSTONE and OLD SARUM) have not the right, 44 nor (as we truft it will be found by experience) the POWER 44 to repeal. Yet what do we find in practice ? Unconftitutional 44 and illegal INFORMATIONS EX OFFICIO, that is, the 44 arbitrary will of the king's Attorney General, ufurping the '•office of the ACCUSING Jury ; and the interefted oath of a 44 vile common informer, With the judgment of as vile a common 44 trading or penfioned juftice, fubftituted in the room of our birth- 44 right, an impartial trial by our country. "Add to this, that the exhorbitant expence of judicial proceed- 44 ings, the novel practice of arbitrarily and repeatedly annulling 44 the verdicts of Juries, and the dilatory practice of the courts, 44 moft ppenly and (hameftilly contradict the claufe which forbids "ithe denial, the delay and the fale of juftice., 44 A man ( 354 ) 44 A man accufed of Felony (for which by the commonlaw of *•- England, his life and goods are forfeited) may be bailed on find- 44 ing, two fureties for forty ppunds each ; but upon a charge of 44 MISDEMEANOUR, by words only, bail to the amount of 44 ONE THOUSAND POUNDS has been demanded. 44 Upon conviction alfo, for fuch mifdemeanour, enormous fines, 44 long and cruel imprifonments unknown to our ancient laws, and " tmfanctiened by any new ftatutes, have pf late (and but pf late) 44 been too frequently and too oppreflively indicted. : And afi this, tt although by this bill of rights it is declared, that " exceflive bail " (half not be demanded^ nor. cruel and unufual punifhments 44 inflicted.'1 If we fook to IRELAND we 'find that acknowledged pri vilege of the pepple, tp meet for the fupport and protection pf their rights and liberties,, is attempted, by terror, to be taken « away by a late infamous act pf parliament: Whilft titles pf "hpnpur! No, but of difhonour, are lavifhed; and new fources " of corruption opened, to gratify the greedy proftitution of thofe, 44 who are the inftrurnents pf this oppreffipn. "In SCOTLAND, the Wicked Hand pf Power has been "^ impudently exerted, without even the wretched" formality pf an 44 act of Parliament, Magiftrates have forcibly intruded into the 44 peaceful and lawful meetings of Freemen ; and, by force, (not 44 only without law, but againft law) have, under celpur pf ma- 4Cgiffierial pffice, interrupted their deliberatipns, and prevented a: their affociatipn. 44 The wifdom and gpod cdnduct of the BRITISH CON- aVENTION at Edinburgh, has been fuch, as to defy their 44 bittereft enemies to name the law which they have broken j not- f withftanding which, their papers have been feized, and made ufe 44 of as evidence againft them, and many virtuous and meritorious 44 individuals, have been, as cruelly as unjuftly for their virtuous 44 actions difgraced and deftroyed by infampus and illegal fentences 44 pf tranfpprtatipn. And thefe unjuft and wicked judgments have 44 been executed with a rancour and malignity, never before known 44 in this land * our refpectable and beloved Fellow-citizens have - "been. ( 35S ) * been eaft fktterkd into Dungeons amongft felons in the 44 Hulks, to which they were not fentenced 44 Citizens, 44 We all approve the fentiments, and are daily repeating the 44 words, for which thefe' our refpectable and valuable brethren are 44 thus unjuftly and inhumanly fuffering. We too, affociate in 44 order to obtain a fair, free, and full reprefentation of the people 44 in a houfe of real national reprefentatives. Are we alfo willing 44 to be treated as Felons, for claiming this our inherent right, 44 which we are determined never to forego but with our lives, and 44 which none but thieves and traitors can wifh to withhold from 44 us ? Confider, it is one and the fame corrupt and corrupting 44 influence which at this time domineers in Ireland, Scotland, and 44 England. Can you believe that thofe who fend virtuous Irifh- 44 men, and Scotchmen fettered with felons to Botany-Bay, do not 44 meditate and- will not attempt to feize the firft moment to fend 44 us after them ? Or, if we had not juft caufe to apprehend the 44 fame inhuman treatment ; if, inftead of the moft imminent dan- 44 ger, we were in perfect fafety from it ; fhould we not difdain to 44 enjoy any liberty or privilege whatever, in which our honeft 44 Irifti and Scotch brethren did not equally and as fully participate ^ with us ? Their caufe then and ours is the fame. And it is both 44 our duty and our intereft to ftand or fall together. The IriJh 44 Parliamentand the Scotch judges, actuated, by the fame Englifh 44 influence, have brought us directly to the point. There is no '4 farther ftep beyond that which they have taken. ' We are at 44 iffue. We muft now chufe at once either liberty or flavery for « ourfelves and our pofterity. Will you wait till BARRACKS are 44 erected in every village, and till fubftdized HefHans and Hano- 44 verians are upon us ? 44 You may afk perhaps, by what means fhall v/e feek redrefs ? 44 We anfwer, that men in a ftate of civilized Society are bound 4 to feek redrefs of the grievances from the laws ; as long as any 44 redrefs can be obtained by the laws. But our common matter 4 whom we ferve (whofe law is a law of liberty, and whofe fervice *' is perfect freedom) has taught us not to expect to gather grapes 44 from thorns, nor figs from thiftles. We muft have redrefs from 44 bur f 356 5 * our own laws' and not from the laws bf our plunderers, enemies 44 and pppreffors. " 44 THERE IS NO REDRESS FOR A NATION CIR CUMSTANCED AS WE ARE, BUT IN A FAIR, "FREE, AND FULL REPRESENTATION OF THE « PEOPLE. Mil I I II ¦!¦ 1 . 44 RESOLVED, that during the enfuing feffion pf parliament, 44 the Geaend. committee pf this Society do meet daily, for the pur- " pofe of watching the proceedings of the parliament ,and of the 46 adroiniftration.of the government ef this country. And that 44 upon the firft introduction of any bill, or motion inimical to the "liberties of the psople, fuch as, for LANDING FOREIGN "TROOPS IN -GREAT-BRITAIN or IRELAND, for "fufpending the HABEAS CORPUS ACT, for proclaiming "MARTIAL LAW, OR FOR PREVENTING THE "PEOPLE FROM MEETING IN SOCIETIES for "CONSTITUTIONAL INFORMATION, pr any O- 44 THER INNOVATION of a fimilar nature, that, on any 44 of. thefe emergencies,, the. General cpmmittee fliall iffue fum- 44 monfes to the Delegates of each Divifion, and alfo to the Se- 44 eretarfes of the different Societies affiliated and correfponding 44 with this'Society* forthwith to call a GENERAL CON VEN- 44 TION of the PEOPLE, to be held at fuch place and irt fuch 44 a manner as fhall be fpecified in the fummons, .for the purpofe 44 of taking fuch meafures into their confideration. 44 Refolved, that the preceding Addrefs and Refolutien.be figned 44 by the Chairman, and printed and publifhed., "J. MARTIN, Chairman. 44 T. HARDY, Secretary." 44 Committee Room, January 23, 1794. "Resolved Unanimously, 44 That a hundred thoufand Copies of the Addrefs 'to the people 44 of Great Britain and Ireland, yoted at die General Meeting, be "printed and djftributcd by the Society. "Refolved. ( 337 ) 44 Refolved Unawwmfly, That therollawing toafts, drank at die ''Anniverfary Dinner ef the Society* be.printed at the end of the "Addrefs. « I. THE RIGHT S OF MAN ; and may Britons never 44 want fpirit to affert them. 4t II. The Britifh Convention, lately held at Edinburgh; and ." fuccefs to the important object it had in view. 44 III. Citizen William Skirving^chaxged by the feni-enc* of the 44 Court of Judiciary, with the honour of being the caufe of 44 calling that Convention. 44 IV. The London Correfponding Society, and other patriotic : - 4f Societies of Great-Britain and Ireland. 44 V. Citizen Maurice Margarot, the condemned Delegate of 44 this Society ; and mzybxsmanly and patriotic conduct be 44 rewarded by the attachment of the people. 44 Citizen Gerrald then arafe, and in a ftream of inipiring elo- v quence, pronounced the juft eulagium of this truely valuable 44 Citizen, fo emphatically called by Citizen Aitchinfon (one of the 44 witneffes on his trial) the SECOND SIDNEY. He epn- 14 eluded with wifhing we might rather die the laft of Britifh Free dmen than live the firft of fiaves. 44 VI. Citizen jhfepli Gerrald, the other Delegate of this So- 44 ciety, now under profecution ; and may his concluding 44 fentiment be engraved upon every Britifh heart 44 VII. The tranfactions ; at Toulon. • May Britons rememher , " them as they ought, and profit by dear bought experience 44 VIII. Citizen Ha'milton Rowan, and the other ttue patriots of 44 Ireland; and may the authors of the Conven'.tion-billfia.i 44 that they have committed a hull, 44 IX. Citizens Muir, and Palmer — May their fenterice be "fpeevdily" reverted, and Botany-bay be peopled with a co- 44 lony of real criminals. 44 X. Succesfe to the arms of Freedom againft whomfoever di- 44 rected; andconfufion to defpots with whomfoever aljied. 44 XL Ali that is good 'in every coAftit/ution ; and may 'We never 44 be fuperftitious enough to reverencein any that which is 44 good for nothing. B b « XII. ( 358 ) *4 XII. CitiienThomas Paine— May his virtue rife fuperior to 44 calumny and fufpicion, and his name ftill be dear to 44 Britons. 44 XIII. Lord Loughborough, the Earl of Moira, Sir Gilbert 44 Elliot, and the other apoftates from liberty ; and may "they enjoy the profits of their zpo&acyfo long as ib,ey 44 live. ' 44 XIV. A fpeedy and honourable pe ace with the brave Republic of - * "France. ' ' 44 XV. The Jlarving manufacturers and neglected peafantry of 44 Great Britain and Ireland. 44 XVI. Citizen John Froft ; and a fpeedy reiteration of that 44 health which he loft in the dungepns pf Newgate 44 XVII. The virtuous andfpirited Citizens, now in confinement 44 for matters pf opinion : and may we fhew them by pur 44 conduct, that diey are not forgptten.'-' Mr. Gafrow to Davidfon. Ypu faid you was a Member pf the London' Cprrefpondiftg Society; do you know John Martin ? A. Not much. I have only fpoke to him twp pr three times. j^. Where did ypu fee him ? A. I faw him price in his cwn hpufe. j^. Was he a Member of the Lpndon Cprrefppnding Sor ciety? A. I am not fure of that — I cannot prove tkat. " Q Did you ever fee him at any of the meetings of that So-. ciety ? A. Yes j I have. * Q Was he there at the meeting that ypu have «pw been fpeak ing pf at the Globe Tavern ? A. I faw him there. J^ That you have told us was a meeting of that Society ? A. Yes'. i^. Was Martin then a Member of that Society ? A. I cannot fay whether he was a. -Member or not. J^. Did any body attend that were not Members at the meet ings pf the Society ? A. I do not know. 4>. Upon ( 359 ) ;, £h Upon your oath did you ever know any perfons attend-; the meetings of the Society that were not members of the Society ? A. There might be many that were not. i^. Upon your oath did you ever know any body attend them but the Members ? Was the bufinefs that, you was with Mr. Martin Upon, at his houfe, relative to the London Correfponding Society? A. It was. J^. What was its nature ? A. Relative to the latter part df the toafts artd fentiments printed at the bac.k of that papen 4>. What paffed between you and Mr. Martin refpecting the latter part of the paper ? A. I told him that I thought there Were fome hard Words iri fome of the refolutions and toafts. He faid, No ; it was all Conftitutional, and there was no danger could arife from it. Q Was that between the 18th and 20th, or after the meet- fnS? A. It was the 21ft, I believe, which happened on Tuefday. ¦ j^. The day after the meeting ? A. It was either the 2 ift or the 22d. J^. I do not know whether you printed this. (Shewing the witnefs a printed paper,) A. Noj I never faw it. One of the Jury, You have not told us yet whether you knew that there was any one individual who attended thofe meetings that was not a member ? A. There might be. Juryman, You have pofitively faid to the contrary} endea vour, tp recollect if there were not. . Lord Chief Juftice Eyre, Do they never admit vifitors ? A. Yes ' they do. Lord Chief Juftice Eyre. There are vifitors fppken pf ? A. There were tickets, I underftand, to be given at the bar to any body that chofe to call for them, or pay for them. Mr. Garrow, That applies to the dinner at the Globe ? A. Yest B b 2 '^;.Tn ( s& ) j^. In the Divifion Meeting eotifcr' any perfon whp chofe to afk for 4. ticket, without beiiig introduced by a member as a- vifitpr, pbtainit? ' A. No. The Rev. Richard Williams (fworn). Examined by Mr. Garrow. $K Do you know Mr. Thelwall ? A. Yes. " Q. Are, ypu acquainted with his manner 6P writing ? "A Yes.' '"• :A " '" $>. Look at this, and tell me whether ypu believe this to be his t\a\X&~v?tlr\rig-(Jhewingd letter to the witnefs). A. I believe the fignature to be his. Mr. Garrow. My Lords, I' will ftate the grounds on "which 'we offer this letter as evidence againft the prifoner. We have already given evidence to prove that Mr.' Thelwall was not only "a member of the London Correfpondirig Society, but that in the publication of the refolutions paffed at the anniverfary meeting* and their toafts, he acted as the agent of the Society. I now propofe to read a letter of Mr. Thelwall's, as a further act of that agency. The letter purports to have contained feveral of thefe addreffes ; it purports, and it will appear' likewife by the proof, to have 'contained feveral feditious fongs, ftated to have been compofed and fung by Mr. ThelWall at that meeting, which We alledge to be another, perhaps a fubordinate and inferior Dranch of that confpiracy which was to bring all the' conftituent authorities in the country into contempt, fo as tp mature the pubi lie mind for that great change which we ftate to have been the ultimate object of the Society! We fubmit to your Lordfhips, that any act of Mr- Thelwall's, fo In furtherance bf this corifpi^ racy," is evidence againft the defendant It alfo gives an account of the, ftate of the other affiliated Societies in different parts of the world'. I cannpt ftate it better than in the language pf the letter : — tc 'London- ft not the only place that isafive: Scotland 44 is full "of .liberty hoys." Sheffield and many Other towns are mentioned as being in a ftate pf expectation for that great cataf- troghe which they all lopked tp about this peripd. 2. : ¦ • yJ^J, f 36* ) Mr, Erfkine; Mr. Thelwall appears to have been an agefit.-Br the publication of- this addrefs, which turns out to be an acft of the Society, and to have ended in a dinner at which thefe toafts Were drank. But the difficulty with me.is this : if they could (hew that fongs were actually fung at this meetings which fongs. were indecent, Or that they, in ypur Lprdfliip's nflridj dence, that being in furtherance of the general confpiracy. -My friends feem to fuppofe that they can limit the acts of thofe who are 'not at prefent at the bar, for confideration to things done either by themfelves or their exprefs order. We are very much miftaken if that be the rule of law. We humbly apprehend, that without previous concert as to the particular fact done by A, A;- not being then upon his trial, if B, (hould have , . B b 4 donu ( 3°4 )• done the a4t*, having been proved befojte. to be a party to the general confpiracy to be carried into effect by dii vers means and various inftruments, that :it is fit. to receive evidence of the acts of all the- parties tq that conspiracy, in furtherance of that ge neral dfefjign,; for inftance, it is npt required that, in order to give evidence* that a cpnfpirator hired his horfe at a particular place, the hiring of which would connect him with the general confpiracy, the ground having heen made, k. is not neceflary to. (hew that he* .to the perfon then trying, had commuriicated that* he meant to go there to hire a horfe ; but the fact t>f his having done it is an acceffion to the general purpofes pf the confpiracy. All the acts pf thefe. perfons,. limiting it to the objects of the cpnfpiracy, npt extending it to crimes pf anpther dye pr charac-* ter, but in .furtherance pf the general defiga ©f the grand con fpiracy, we infift, coming from whom they may,, whether it be the party upon trial, whether it be in confequence of the orders: given by him, whether communicated before or after, are evi dence receivable, fubject undoubtedly to the obfervatiens .to bfe. made upon their greater or leffer effect. ; .Lord Chief Jaftice Eyre. I confefs 1 .have great idoubt my-' felf whether.this evidence ought to be atfanittecL I agree, that where feveral perfons are proved to be engaged in one general confpiracy, that all the tranfactions of that cpnfpiracy by. the different parties* may and!atightto ihes given in evidence; and it is ertomgk if, the party accufed at. this time can be proved to be privy to that -general,, cemfpicary ; for if that is proved, every thing -.that is done by the djcflferimt parties concerned , In it, miifl: be alfo imputed to him as a part of the tranfaction of that conv (piracy. If I underftand this letter;* it is npthing more th-ti* Mr. Thelwall's account to. a private friend, of a part- whieb;be. liad taken, . rrfpefting mis. paper, and of h is having compofed fongs. And I renasmber another paffage in it* which is vety material as againft Thelwall, but, in nay mind, (houH be re- ferved till it comes to the time when Thelwsdi's own declara tions come to be proper evidence. I doubt whether we pught to confider this private letter as any tiling mpre than Mr. Theljrall'fc. declaration ; and Thelwall's declaration ( 3&S ) declaration ought not to be evidence of any thing which* thottgii remotely connected with this plot, yet ftill does npt ampunt to any tranfaction dpne in the courfe 'of the plot, for the further ance of the plot, but is a mere recital of his, a fort of confef- fion of his of fome part that he had taken. It appears to me, that that is not like the evidence which we before admitted of a feet done by Mr. Thelwall in carrying the papers and delivering them to the printer, which is a part of the tranfaction itfeifl His account of that tranfaction feems to me to ftand quite upon a different footing. It feems juft the fame as an act which '(hall hind a man, becaufe he is connected with the perfon that did the act; and his declaration, which (hall not bind him, .becaufe it is no part of the act. Mr. Garrow. He fays, 4C You will alfo receive enclofed feve ral copies of Addreffes publifhed by the 'Society." It is upon that ground I fubmit it to your Lordfhip. Lord Chief Juftice Eyre. To be fure, as far as the tranfmif- fion Of thefe papers go, it does ftand upon another footing; but I (hould be forry if the letter was to be read for fo immaterial a purpofe, as that is only to introduce fomething which in my mind ought not to be evidence in this cafe. Mr. Juftice Buller. I am ftrongly inclined to think, that this letter is evfofence, and ought to be received. There are two things to be confidered in an indictment of this fort. -, Firft* Whether any confpiracy exifts ; next, What (hare the Prifoner (look in that confpiracy. It appears to me, that when we are confidering the firft Queftion, anything that paffed from any perfon who is proved to be a party in the confpiracy ought to be received as evidence, and it is received for the purpofe of (hewing wh# was the extent and nature of the confpiracy. Now if the cafe flood merely upon ' this ground, that Thelwall, one of the confpirators, had faid their object was fo and fo, that, Itake it, would be evidence; ithas- been admitted, I conceive, in a variety of cafes that have hap pened upon fimilar queftions with the prefent. In Daemaree and Purchafe's cafe, evidence was received of what fome of the par ses had done when the Prifoner was not there. The Attorney General ( 3&& ) General fays, I- call this witnefs, not to fpeak in- particular to the Prifoner, but to fhew the intention. of the mob, Gn tlie trial of Lord Southampton, fomething faid by Lord Effex, pre vious to the Prifoner's being there, was admitted as evidence. In the cafes that have happened in our own time, in Lord George Gordon's cafe, evidence of what -different perfons pf the mob had faid, though he was not there, was admitted. In all the cafes at St. Margaret's Hill, the fame thing was admitted, and with a view of (hewing what was the defign then on foot, which is a very diftincft queftion from the queftion pf whether the Prifoner was pr not concerned to the extent that Pthers might have been.- As Mr. Garrow ftates this letter, it feems to me to have that effect, for it (hews what fome of the parties at leaft intended by meet ings they had held, and what they propofed to effect. In that light, therefore, it feems to me to be evidence. But before it can affect the Prifoner materially, it is neceffary to make out. another point, , namely, that he confented to -the extent that the others did ; but ftill, while we are upon the queftion as to the defign,- it appears to me that any thing that has. been faid, ftill more any thing that has been written by the confpirators,. ought to be received in evidence, to prove what that; defign was. . Mr. Juftice Grofe. I muft confefs, I have very great doubts upon this fubject. The majprity of the Cpurt is for rejecting the evidence. It does feem to me, I muft cpnfefs, .at leaft very, dpubtful whether it ought to be rejected ; for it appears to me, that this is evidence of what the parties meant by what was done, at a place where both thefe parties were prefent, arid both Mem bers of one Society, and prbfeffedly concerned in one plan ; it is therefore very material to hear what either of them fays refpecting this plan, for there is no doubt abput it that thefe papers are re fpecting this plan, to (hew the extent of the plan,, and the, inten tion, the animus with which thefe people met, and were publifh ing thefe papers ; therefore, in that light, I muft confefs, what my Brother Buller has faid has flruck me very much, But, -ex,- clufive of that, from the beginning, the inclination of my opinion was and. is, that it.is evidence. , . • . -. Lir/l; ( 367 ) Lord Chief Baron Macdonald, It is certainly a cafe that has a great deal of doubt attending it ; but at the fame time I can hardly bring my own mind to confider this as falling within Mr, Garrow's own definition. It muft be fomething in furtherance of the confpiracy. I agree, that any act- done by one, is, to a certain extent, imputable to another ; that is, it may be given in evidence to (hew the general confpiracy in which he was en gaged; but an act done, appears to me to be different from, the m'ere relation of it by another perfon, a mere relation of what paffed given by one in a private letter to another. I have much doubt whether it is evidence that ought to be received, I am, myfelf, inclined to rejeft: it. Mr. Baron Hotham. I am of the fame opinion as my Lord Chief ; Juftice and my Lord Chief Baron, I do not think this is evidence fit to be received, I do not think it. is- a- part of the tranfaction of the plan tp be; carried into execution. I confider it as a mere relation of what has puffed, which, if it is to affect the prifoner, ought to be confined to the real, fact that happened 3t the time to which this relation alludes, However, there is np evidence to prove that what is ftated for a fact in this letter, by which the Prifoner js to be implicated, actually did hap pen. Lprd Chief Juftice Eyre. After haying heard my Lord Chief Baron and my brothers upon it, I really am of opinion that it is too queftionabfe to be received as evidence, except upon the ground Jaft ftated by Mr, Garrow, upon which if he infills on. it, it muft be received, , Mr, Garrow, Certainly not, f,ord Chief Juftice Eyre, In the cafes of Damaree and Lord, George Gordon, the cry of the mob at the time made a part of the fact, of the, tranfaction, therefore I have no doubt that fuel} evidence ought to be received ; but I confefs I have fo great a doubt uppn the admiffihility of this letter, that J prefer . re jecting .it, ;, ,.,.- . , . Mr. Solicitor General. My Lord, I fhpuld 1 have no idea of prefling this, but merely with a vfew to (iinjlar queftions which may arife-rT-*r-T"-H Mr. ( &$ ) Mr. Erfkine. They will be difcuffed when they arifc. Lord Chief Jujlice Eyre. Correfpondence' Very Often makes a part of the tranfaction, and where ewrefpVirtdcnce makes a part of the tranfaction, the correfpondence of one mart who- is a party in a cpnfpiracy, would Undoubtedly be evidence, correfpondence irt furtherance of the plot : a correfpondence of a privare nature, a rhere relation of what had been done, appears a different thing. Mr. Garrow. My Lord, I now propofe to read a letter upoij the principle of its being a correfpondence between pne of the perfons proved to have been a party in the confpiracy, and ano ther perfon at a d'ftant part of the kingdorri, likewife proved to be a party in the confpiracy : it is a letter from Mr. Martin* after the dinner at the Globe Tavern, to Mr. Margarot, who was at that time in cuftody in the Tolbooth, at Edinburgh, having heen one of the perfons apprehended by the magiftfacy at Edin burgh, as a part of that Britifh Convention whom the rrtagiftracy difperfed. The fetter is* in terms, calculated to excite the fpirit of the brethren of the North : it, likewife, contains a declaration of the univerfal approbation of the conduct of thofe delegates in the North, and it ftates other circumftances of a public nature 5— > the manner in which his Majefty had met his Parliament, as it is ftated — the manner in which his Majefty is ftated by this writer to bate been received by the people, and infalted, arid bis life endangered, as this Writer ftates it, ftil going en with a view to ¦ excite and encourage them in a diftant part of the kingdom, by diffeminating the fame, doctrines, which, in London, thefe people diffeminated. Mr. Erfkine. I apprehend that this letter, upofi no principle, can be evidence ';, I (hall not draw the Court at all into the con- ftructipn pf theJ ftatute of King Edward the Third, at this mo ment; the prifoner is! upon his deliverance 6ft the general iffue, and I fliall addrefs your Lordfhips and the Jury, uppn that fubject, in due feafoh : at prefent, I (Hall content myfelf with faying what has beeri faid twice to-day already ; firft in the morning by myfelf, afterwards by my friend who fits fey5 rrie, that this is an indictment for compafling arid' imagining the death of the King ; and that there are overt-acts ftated iri "the indictment, which ¦ ( #9 ) which are laid as acts done in purfuance of, and in;acc6thplifh-i merit of— or to ufe the' language of the indictment, to fulfil the traitorous intention, which is the charge upon' the record. It is impoffible for my friends to go further than to contend, "hy tliefe act?, that they involve in themfelves* as they are pleafed to fay* a forcible fubverfion of the governmsnt of the country, Which would involve iri it as a confequence, the death of the King, and that therefore it is an overt-ae\ pr, in other words, relaxant evidence to prpve the criminal intention,- which is the fubject matter of this indictment; But your Lordfhips permit, and ought to permit* I allow*, any other acts 6f the prifoner, to be given in evidence, which decypher his mind to the Jury; any expreflions of his own, any thing that he has faid, any thing that he ha's done, which points directly and relevantly to the purpofe of this indictment ; for I hope your Lordfhips will never ceafe t» recollect, that the crime charged upon' the, record, is the com parting the death of the King, and that the overt-act is the means tlie defendant is charged to have made ufe of in the accomplifh ment of that criminal and deteftable purpofe. Then let uS fee the danger of allowing the letter of a many who is not charged even upon this record, as- a confpirator with the prifoner at the bar : Mr. Martin has had a bill found againft hitfi, which of courfe we know nothing of— -We only read of it in the newfpapers ; but we* who are of Counfel for the prifoner, are Counfel for him as having engaged in a confpiracy with the other prifoners now in Newgate, and with other perfons to the Jurors unknown, for the purpofe of accomplifhing this deteftable pUrpofe of deftrOying the King ; and ycnuG*Lord(hips wiB fee what a pretty piece of work you are cutting out for yourfelves* if this evidence be admitted. Any thing that Mr. Martin fays, or writes, can, upon no principle of common fenfe (to leave law out of the queftion,) be- confidered as evidence to criminate any body, except as he is -a member of the Correfponding Society* which, by the bye* he is not yet proVefd to be— ¦ — — Mr. Garrow. Davifon proved that he was a member. - Mr. Erfkine. We will- take Mr. Martin, for argument fake, to be a member of the Correfportdmg Society.' I (hall he glad to ( 37° ) ( to know upon what principle can your Lordfhips go Out of the overt-acts charged in the indictment ; upon what principle upon earth can you go beyond evidence of the direct Confpiracy charged upon the defendant, but upon this wholefome ground, which we do not ft^fid here to contradict, namely* that any thing which can dejtypher the mind of the prifoner to the Jury, from whence they can collect that he intended the death of the King* may be evidence againft him ; then, according to that, any members of the Correfponding Society whom you could have brought together when Mr. Hardy was not fpeaking of the King, when he was not reviling the King, pr attempting any thing that could lead to his Majefty's death, unlefs, according to the argument which we heard at large, yefterday* of certain cpn- fequences which were to arife from the Reprefentatipn pf • the Pepple in Parliament — it wpuld render that innocent man at the bar, as I have a right to ftyle him until the Jury have pronounced a contrary verdict — it would make him anfwerable for every wicked thing that any man has faid, or that any man has written. I collect from what fell from Mr. Garrow, but ftill more from the opening pf this letter, yefterday, by the Attorney- General, that Mr. Martin writes, in fome flippant manner, pf a patten being thrown at his Majefty, uppn his return from his Parliament (which, by the bye, is the ftyle and language pf the law, for it is his Parliament) ; but, if Mr. Martin chopfes to exprefs himfelf in a contemptuous manner either of the King pr of his Parliament, and if that is to be evidence to decypher the mind of any bpdy^it is evidence to decypher the mind pf • Mr, Martin, npt of Mr. Hardy. Dpes npt common fenfe, Common honour, and common juftice* revolt alike at it. We have got names we cannpt help, becaufe in a court of juftice we fouietim.es talk "pf a plot and fome times of a confpiracy ; but I fay, that all that has been laid before your Lordftiips* to-day and yefterday, amounts no matter to what : I am not to pro- npunce the law, it is the Court — but amounts to an affembly of a great number of people in different parts bf this ifland* all pur- fuing one purpofe. Your Lordfliips will recollect, that the cpnfpiracy, ( 371 ) epnfpiracy, if it is tp be- called a confpiracy, dpes not exift in the members of the Correfponding Society alone, for the accom plifhment of this purpofe ; they correfppnded with Sheffield— they correfponded with Manchefter, with Leeds, with Norwich, with Dumferline, with Edinburgh, and with a great number of other places. According to the doctrine now contended for, the declaration of every man, not the declaration of what his object: was — it has not been ftated that any of them faid, « The pbject 44 pf,all our meetings is to deftroy the King ;" but if any abfurd, intemperate man, drunk or fober, choqfes to utter an expreffipn contemptuous of the King, that. is to be evidence to decypher Mr. Hardy's mind. • I do not ftand up to approve of any man's Uttering any contemptuous expreffion of the fort ; but if Mr. Martin has uttered fuch an expreffion, when Mr. Martinis upon his trial* the good fenfe. of the Jury will confider how far fuch art expreffion as that will weigh as againft him ; but I enter my folemn proteft againft this being given as evidence to affect Mr. Hardy. , My Lords, I muft needs do fo, when I heard an expreffion im puted yefterday in the opening, by the Attorney-General, in this caufe, to another perfon. — Suppofe, for inftance, any man of all -that fociety, (hould fay an intemperate, an abfurd, or. a criminal thing : why now, for inftance, fuppofe a man takes the head off a pot of porter, and fays, I, fhould like to cut off the heads of Kings, fliould I not know what the- context was : muft I not know what Kings they were fpeaking of, whether fpeaking of thofe Kings which he might think allied together for a purpofe deftructive to the principles of juftice and humanity, or whether he meant any thing that could lead even to an idea of the King Of Great-Britain. But fuppofing any men connected in a fcheme for the Reform pf Parliament ; I will fupppfe it in the cafe pf honourable men, who meet in a fociety (of which I am a member) for the pur pofe of a Reform of Parliament, for any thing I know, if the papers of that fociety were laid before your Lordfhips, there might be found expreflions in them which your Lordfhips might think jntemperate expreflions, which you, might think illegal — ¦ expreflions which you might think ought not to be ufed ;. and as. far ( 372 ) fer as your Lordfhips cpuld impute any of thefe expreffioas to me, if they could be fairly irnputed that would be pne thing : — But, good God ! what man could ever enter himfelf into any fociety for any pne object whatever, if the language and if the writings' pf every individual compofing that fociety could be given in evidence againft him. I would only afk where this is to flop ; ¦ becaufe I have a right to fay, if Mr. Martin is to be confidered' to be the decypherer of the mind of Mr. Hardy, then I muft enter into a defence of the mind of Mr. Martin r I muft call witneffes to Mr. Martin's character; for, if there is any objection to that, T have taken the pains' in preparing for this momentous trial* to' look from the earlieft period of PUr hiftory down to the prefent" hour, through all the queftions that have been put to witneffe9 With regard to the declaration of their fentiments of perfons acc«fedj for the purpofe of their exculpation. Can you go the length of making' a declaration1 of Mr. Martin's contemptuous behaviour towards the King evidence not only to (hew that he thsught lightly of the King, but that every other man did, ' whe met for another purpofe, -and for another end ? Is it meant to be gravely faid here, that if perfons meet toge ther for the accpmplifhment pf a purpofe, which purpofe appear S by the evidence to be what I hare-no right to fay,- becaufe until your Lordflirps and the Jury decide, whether it is to obtain a fair Representation of the People in Parliament by conftitutional means, er whether it is any thing elfe, -what quality the few fhaH annex to it, is matter I will not break in upon, for varipus reafons, at this moment. As the prifoner ftands accufed of -com pafling the death of the King, every thing he has done himfelf, every thing done in his prefence, every thing. (aid in his.prefejjce, to which he maybe fuppefed to affent* by coritinuing- to meet thtj? Jkrfle perfons again, is' to be received in evidence; Now,1 for inftance,' if Mr. Martin had faid this' in the prefence e> perfon unconnected with the pri-* foner at the bar, except as he may, at particular occafions, have been 'Brought into his' company, could in any cafe be received- as evidence. ¦¦«•¦ I underftand trie lirie to be this : when a man is indicted -for that which is done by a great cpllectipn pf men affembled to gether, and he' is prefent at fome times -and 'abfent at others, the declarations pf other men acting with him in that very act for Which he is "indicted, are adrniflible evidence to (hew what the Object of that aflembly was : But why was me letter laft offered, 2 rejected? ( 37S ) rejected F For this* reafon, becaufe it cpntained a relatipn of facts, which relation of facts the prifoner was not cegnizant pf j he did npt knpw that thefe facts were fo related: What is the prefent letter ? I afked to fee it before I addreffed your Lordfhips : I was told I muft not fee it, that it was irregular ; from what I have collected of it, it is no more than the laft letter : it contains a relation of facts, and then they would add to it, that the object of this relation of facts, was to keep up the fpirits of a perfon at Edinburgh ; if I underftood the argument, that was the drift of it. Mr. Garrow, It was ftated to be an excitation in terms. Mr. Gibbs. Certainly ; I am arguing under great difficulties : my object was, to (hew that this is the fame queftion which your Lordfhips have decided upon the former argument ; I defired to fee the letter before I addreffed my argument to your Lordfhips, which may certainly be all mere air, if I am miftaken in the fact ; I was told in point of regularity, I cpuld npt fee the letter, and therefore I can only argue it upon the recollection of what was loofely ftated : it might be fo intended, in the mind pf the writer. of it, to keep up the fpirits pf Mr. Margarot ? But was that object cpmmunicated to the prifpner ? Did he mean that thpfe facts (hould be fo related ? The real object for producing this letter, is this — that the reprefentation of facts contained in that letter, by the writer of it (and in the writing of which letter the ¦ prifoner is not in any refpect implicated), that the narration of facts by the writer of the letter, (hould be fixed upon the pri foner ; that whatever the writer of that letter has improvidently, feohfhly, rafhly, or I will fay unlawfully expreffed in that letter, that rafhnefs, folly, or illegality, may be fixed upon Mr; Hardy. It feems to me, that this cafe comes directly within the fpirit of your Lordfhips decifion upon the laft argument. Cafes were ftated upon the laft argument, in which the decla rations of third perfons were received againft a prifoner ; but it was only in cafes where the prifoner was indicted for joining in the act of a multitude, where perfons are jbmetimes prefent and fometimes abfent ; a part of -that multitude, at the time they were unlawfully collected* for which unlawful collection the -prifoner C c 2 was ( 376 ) Was arhohg others indicted ; part of them had declared what Was their object. I agree that may he evidence againft a prifoner, and he muft exculpate himfelf if. he can; but that abetter fhould be evidence againft Mr. Hardy, which he nevex faw, and for a purpofe to which he never acceded, feems to me againft all law, and I am fure that it is againft all juftice ; for the object of this indictment is to try the mind of Mr. Hardy — to try whether he- did in his mind compafs the death of the King. . And furely, juf tice .does not require that that which, js proved toprefs jn the mind of pne man (hould fix a.fimilarity of fentiment in the mind pf anpther, whp neither directed the letter to be written which is offered in evidence, nor ever afterwards, knew that the letter was written, which letter too never was received. Mr. Solicitor General. I will trouble your Lordfhip with a very few words upon this point, and, I truft, your Lordfhip will be of opinion that it is unqueftionably evidence. Certain perfons are indicted for endeavouring to procure a Cpnvention to be affembled to fubvert. the Legiflature, rule, and government, now duly and happily eftablifhed in this, kingdpm, and other overt- acts pf the fame tendency. Now upon the very principle which has be.en juft ftated by Mr. Gibbs, it appears to me that this is evidence. The principle, which is ftated by Mr. .Gibbs is, that that which is declared by confpirators, whilft in action, is evi dence againft thofe whp were not prefent at the time, as well as againft thpfe who were prefent at the time ; — ; Mr,. Gibbs. I beg ypur pardon, I would not have you take.my argument improperly; I did not fay confpirators in action, but I faid that where a number of men are indicted for acts of vio lence in. which they unite, and the prifoner is fometimes prefent and fometimes abfent, that what is ftated by fome of thofe per fons who are faid to co-pperate with him in fome pf thofe acts pf violehce may be evidence. Mr. Solicitor General. I am very little capable of diftinguifh- ing between what \ . ftated and what Mr. Gibbs now fays. I- take this to be a declaration of confpirators in the progrefs of their confpiracy, and I take that to be exactty the diftinctiarj between this cafe, and that which your Lordfljips have determin- ( 377 ) ea,with refpect to which it is my duty to fubmit to the judgment of the court. That was a letter addreffed to a perfon, whom we have not (hewn to he, in any degree, involved in the confpiracy, to a Mr. Vellatti; whereas this is a letter, addreffed by Mr. Martin, who is proved to be Chairman of the meeting, on the 20th ¦ of January, to Maurice Margarot, who was the- deputy from the Correfponding Society, at the Convention which was held at Edinburgh; it is, therefore, a converfation, by letter, between two perfons who were parties to the confpiracy, if there exifted any confpiracy ; for, in all thefe cafes, the firft queftion your Lordfhips and the jury will have to confider, is the exiftence of a confpiracy, " and the object of that confpiracy; and then, whether the perfon charged was party to that con fpiracy, - Now for the purpofe Of (hewing the exiftence of a confpiracy, and for the purpofe of (hewing what the views of the confpirators were ; hpW far they went, converfations of thofe confpirators totally diftinct from the prifoner, have conftantly been admitted to be given in evidence. In the cafe of my Lord Stafford, which was a profecution, by impeachment in parliament, for Hi»h Treafon^ in compafling the death of the King, and proceeding to great length; the evidence that was firft given was fimply, and only of the general plot, by perfons who were capable, as they afterwards proved by their teftimony, of bringing that Treafon fpecifically horrie to Lord Stafford; they were not examined to that point at firft, but were examined fimply, and only to the general plot; one thing which they proved in the courfe of that evidence, with refpect to the general plot, I will ftate to your Lordfhips ; it was a difcoiiffe between Anderton, Champion* Green, and feveral other perfons, with which Lord Stafford had no fort of connection. whatever, in which thofe perfons told the witnefs, that there would be a great alteration in England, e'er' long; that the King was an heretic, and might be deftroyed j that they induftrioufly preached this doctrine, and that the Duke of York was with them. Evidence was given of thefe con-, verfations. Who were the perfons that held thefe converfations ? They were not perfons included in the impeachment of Lord' C c 3 Stafford, c 378 y Stafford, hut perfons to whom- it was imputed that they were in the common and general confpiracy, which was charged to exift, for the purpofe of the reftoration of the Roman Catholic Religion in this country, and for the purpofe of depofing the King, and fubverting the Government of the country. The manner in which Serjeant Maynard ftates the evidence which was to be given, feems to me to be perfectly clear. He fays, 44 This is a 44 treafon of a faction, and of a general parry in the nation; 44 'tis not this or that Lord, but a great number ; 'tis not this 44 or that Lord that is mentioned in the articles, but the con- 44 (piracy is of a great faction. This do we think, and this 44 makes us fo earned to prefs the general before your Lordfhips, 44 that we may give fatisfactipn to ypur Lprdfhips, and the world, 44 what this plpt hath been, and how carried pn every where. 44 My Lords, the confequence of that is very great ; for* my 44 Lords, if there were a general defign, and a general plot, as 44 clearly there was, fome were to act in Spain, and fome in, 44 France ; fome in other places ; fome in Ireland, Scotland, and 44 England, and a great nurnber pf Jefuits, (we have a matter pf 44 thirty in chafe abput this bufinefs) I fay, my Lords, if it be fo, 44 if one action be in one place, and another in another, yet if there 44 be a common confent to accomplifh this plot, then what the. 44 one does is the act of all, and the act of all is the act of every 44 one. . " My Lords, the perfons were many, and the places and times 44 many they acted in, and the defigns which they were to ac- 44 complifli, and the means wherewith they were to accpmplifh> 44 them were many too^" My. Lprds, in the -cafe pf Lprd Lovat, the fame fort of doctrine is laid down with refpect to the evidence.— The So licitor General of that time fays, 44 It is neceffary, therefore, " ty general evidence, to fhew that there have been fuch plots 44 and confpiracies as the Commons affert, and then to affect the 44 noble Lord at the bar, by proper evidence, with being con- 44 cemed in thefe plots." It was fo, he fays, in Lord Stafford's cafe, and at the w trials at law of the perfons accufed of having 44 been in the fame plot, the fame method was allowed as proper, « and ( 379 ) 44 and liable to no juft objection, in mapy trials , after the 44 Revolution." This was faid upon an objection that was taken tQ the evidence of Mr. Msrray, of Broughton. — Mr. Murray pro ceeded in his relation of the confpiracy ; and one part of the evidence which he then gave was, that Lord Traquah had informed him, that a Mr, Drummond had carried over to Paris a memorial, and a lift of all the Gentlemen in Scotland, who would fupport the Pretender; that he had converfed with Drummond ; that Drummond was then in Edinburgh, and propofed that he (hould have a meeting with him; that he had a meeting with Drummond, who repeated much the (ame thing, . and faid he had been extremely well received by the Cardinal ; that is, Cardinal Fleijry. — Several other parts pf his evidence were to the fame tendency.-?- What was this but giving evidence of converfations between two conipiratprs upon the fubject of the plot, for the.purpofe of fhewing what was the nature, tendency, and objects .of the plot, aqd what were the views of the feveral perfons who were concerned in it, With fubrniflion to your Lordfhips, this letter is evidence upon the fame ground.-irlt is evidence,, quo animo, Mr. Martin. acted.— -I do not mean to fay, it is direct evidence, quo animo, Mr. Hardy acted, but it is the nature of all plots that this fort of evidence fhould be given; feveral perfons are concerned,; they are brought, into one engagement; fome of them may certainly have views lefs culpable than others, but ftill fpr the purpofe of a jury determining what is the guilt of the particular ¦perfon charged, . the views, the intentions, declared By conver fation, as well as otherwife, of the feveral perfons concerned in -riie plot, and efpecjally when it happens to be converfations be-! tween two of the perfons concerned in the plot, which, with fubrniflion, a letter from one of the perfons engaged in it, to another -of thofe perfons is, then I fubmjjt, that it is. a matter ;which may fairly and properly be given in evidence, confident with the determination your Lordftfips have made, and upon the very foundation, that it is what paffes .between perfons engaged C c 4 iq. ( 38o P in a confpiracy* while the confpiracy is in its procefs towards that conclufion, which we fubmit the confpirators had in view. Mr. Serjeant Adair. It is not pn account of the importance of this particular piece pf evidence that I take the 'liberty pf addreffing a very few words to ypur Lordfhips, upon the* fubject- of the objection that has been made, but from an impreffion of the very great importance pf the principle uppn which- this 6%- jectipn may be decided, and the extenfive applicatipn of "it to other cafes that may in future pccur. In order to underftand the objection, it is neceffary to ftate the ground' uppn which this evidence is pffcred; and I eonceive that a great part pf the argument of my learned, friend, whp very ijigenipufly: ftated this pbjectipn at firft, is anfwered' by a odn- fideratipn pf the ground uppn which this evidence is offered ; ibr I dp not conceive, and I, for pne, dp. not pffer the evidence tp the Court uppn the ground, that the. idle expreflions pf Mr. Martin refpecting the King, — 'that the relation of an. accidental fact that happened in the Park, within Mr. Martin's knowfedgf, refpecting the King, -is any evidence- at all againft the. prifoner ; but it is uppn this ground that a part pfthat letter: which we pffer in evidence is alledged to relate, and .your Lprdfhips, when it is read, will' find that it dpes. relate to an act done -hy the con fpirators, as it is contended, in the furtherance and profecution of that confpiracy which is by the indictment imputed to tbe prifoner. , : . i Lord Chief Juftice Eyre. Be fo gppd as ftate a little mpre particularly' what that is. . . Mr. Serjeant Adair. It is a flatement from pne pf the cpn- fpirators, who had been in the chair at the meeting, of thofe whom we call the confpirators, held* as it has been alledged, for the purpofe of furthering the views of that confpiracy— it is a ftate- merit- pfthat confpirator to another perfon, alledged to be a confpirator of what paffed at that meeting, fo held.— Now the charge againft .the prifoner is the compafling the King's death, by means of a confpiracy, to overturn the conftituted au thorities of the State, and the Government of the country, under colour ( 38x ) colour of a profeffed defign only to make a reform in parlia mentary reprefentation, and to correct abufes in one branch of the Legiflature ; — -a defign which, purfued by innocent and proper mearts, might poffibly be either wholly innocent, or amount to a guilt infinitely lefs than that which is charged by this indictment ; but When fuch a confpiracy as is imputed to the prifoner, is alledged to be carried on under cplour of fuch a pretext, many of the acts of. thofe confpiratprs muft, in their nature, be equivocal, and admit of different conftructions. — How are thefe conftruc tions to be collected ? — Hpw is that ambiguity to be removed ? But by views of the conduct and declarations of the perfons alledged to be in the confpiracy itfelf. — It is upon that ground, and that alone, that this is fubmitted to the cpurt as the ftaternejjt of the proceedings, at a meeting by one confpirator to another confpirator, implicated in the general defign, but not prefent at that meeting, — It feems to me, that there is no kind of evidence that can tend more directly to develope the real intention of the parties in the trapfaetkm, than that fpecies of evidence which is now offered,— I dp not mean to contend, that the letter, when read, which I have eaft my eye over, will itfelf go any great length in effectuating that purpofe, but the nature of the evidence is fuch as may be important, perhaps, in other inftances, much more fp than the prefent ; and the principle is extenfive in its application, not only to the trials upon the prefent occafion, but thofe that may hereafter occur in this country, and at times whea .this trial may become a precedent to pofterity. The grounds upon which this evidence is offered to the- court, .feem to me to fall directly, within the principle of the Earl of •StaffrQrd''i cafe; but, even if it Could be diftinguifhed from other cafes, I think it cannot be diftinguifhed from the cafes of Demaree and Lord George Gordon; and the diftinction that has been attempted between an act of violence, or any other act, in furtherance of a confpiracy, I confefs I do not feel much the force of. — ;This comes fo completely within the principle of Lord George Gordon's cafe, that it is impoffible, without holding that cafe not to be law, to reject this evidence. Your ( 3«2 ) • Your Lordfhips will pardon me for having made thefe pbfer vatipns ; it was merely from the importance ef the principle, and not from the leaft idea, that the letter, when read, will be thought to be very much in itfelf. Mr. Bearcroft. I make up appfogy for troubling your Lord fhips with a few obfervations upon this point ; it is a cafe of very great impbrtance ; and when I fay that I am fure I fliall be underftood, that I do not ftand up to fpeak pf the impprtance pf it, becaufe I am likely, to give any extraordinary afliftance, but, inafmueh as it is pf fo great and general importance, I, therefore', feel it my duty to attempt to dp it in the beft way I can. — I fhall, in dping it, avpid twp things : I will not attempt to break into, pr cpntrovert, the rule that has been already laid •Ipwn by the court, as I underftand it — I will not repeat a fyllable that has been faid by the learned gentleman before me — but I think I can add anpther pbfervatipn uppn this letter, which would entitle it to be read. When I fay I will not controvert the rule laid down, as I underftand it, I wifh to ftate, in prder that I may be corrected, if I mifunderftand it, how I fuppofe it to have been laid down, — . as I underftand it, it was decided, by the authority of the court, that a mere narration of fimple facts that have paffed is not admiffible evidence. — I think- that cannot well be difputed ; my humble judgment certainly goes with that decifion, if it is carried no further; — 'but when a queftion of evidence, and of great extent and importance, is- before the court, I have been always taught, that the way to decide Upon the competency andadmiflibility of that evidence is to confider*1 — What is the -queftion trying?— Againft whom is the teftimony offered ?— What is the nature of it ? — To what purpofe is it adduced ? Now I underftand, or I am grofsly miftaken in the whole of this proceeding, that the object of it is to fhew, that the prifoner at the bar is guilty of high treafon, of the fpecies charged1 in this indictment, by the means, and by- overt acts, which ameunt to a cpnfpiracy, with many pthers, to carry that treafonable intent into executipn; that is the nature of the charge.->—The eon- " ' " fequence ( 383 ) fequence I conceive moft clearly to be this, that though it is an indictment for high treafon, yet, becaufe that high treafon i? to be carried into execution by the means of a confpiracy, that all the evidence which will, by law, be- admifiible upon the trial of a minor confpiracy, a confpiracy not treafonable, will be admifiible likewife upon the prefent enquiry. Now, my Lords, I take it to be a fettled rule in the trial of an indictment for a confpiracy of every kind, that when once you have eftablifhed, that the prifoner at the bar has confpired, together with others, not then upon trial, in the indictment— . nay, I goTurther, not charged in the indictment. — When I fay eftablifhed, I do not mean eftablifhed decidedly, that they are guilty of the confpiracy, but that there is evidence admiffible» and to be laid before the jury, upon which they are to exercife their judgment-— then I have a right to give in evidence the acts- pf others,fo connected. My Lord,, it cannot be difputed, that fome evidence to prove the confpiracy is in the poffeffion of the court ; nay, it is in the poffeffion pf the jury; for it cannot be in poffeffion of the court, without being in poffeffion of the jury; they have heard it, ot" courfe, as it has been admitted. — -We have got thus far, that the prifoner at the bar was engaged in a cpnfpiracy, together with Martin and Margarottr-they twp correfponded by letter — they tWP cpnverfed* in writing, as has been rightly ftated by Mr. Soli citor General. What is the pbject of the confpiracy? — We contend it is to overturn the Government, and depofe the King, whereby it is obvious, to any common underftanding, that the life of the King is in danger. — Now I contend, therefore, with the utmoft- deference to the court, that this letter is competent evidence- no matter how far it extends, or how fhort it goes — -if if goes any ftep at all ; but I copfefs that I feel, and I am fanguine enough to ftate, that it goes pointedly, importantly, and directly to the matter of High Treafon charged in the indictment.— I faid I would not repeat a fyllable that had been Urged by the gentlemen -hefore me, but I defire to be underftood, that my mind ( 384 ) ' mind goes with them entirely, and, accedes to every part of their arguments. I beg leave to advert to another part of this letter, that, I fay', goes pointedly to fhew, that tbe defign was for compafling the mifchievous, the traiterous, — I had very nearly faid the perfonal deftruction of the King. What I advert to in this letter, I will read to your Lordfhips in the very words : — >44 The King went 44 yefterday to meet his Parliament." Your Lordfhips will mark the expreffion; it is very decent, but— — i „.. Mr. Erfkine. I«muft beg to interrupt my learned friend; I beg his pardon; that part of the letter has been, within this three minutes, exprefsly "given, up by Mr. Serjeant Adair, as Counfel for the Crown, who finifhed what he had to fay before my friend got up, by faying, that that part of the letter which my friend now cboofes to read aloud, in the hearing of the jury, he did not mean to contend to be evidence againft the prifoner— and, therefore, if the letter comes to be read, the letter' will be read with the omiffion of that part; or if the emiffion did not take place, that part is admitted, by Mr. Serjeant Adair, not tq be evidence againft the prifoner* Lord Chief Juftice Eyre. The interruption is not quite proper; becaufe, if it were fo, that my brother Adair had diftinctly admitted it in that manner, yet that could not conclude the argument pf another learned gentleman, if he was ef opinion, he could maintain it. Mr. Erfkine. Does your Lordfhip. think, that it is confident with the rules which muft bind us upon this occafion, that, in arguing the admiffibility of a piece of evidence, they are not merely to ftate to the court the general nature pf it, fp that the cpurt may give its decifipn before a thing, which, perhaps, is not afterwards to be received in evidence, fhpuld make any thing like an impreffion, but to read the paper itfelf. Lord Chief Juftice Eyre. Np ; pnly fo much of the purpprt as is neceflary to inform the court of the nature bf it. Mr. Erfkine. My friend is not merely reading the letter, in that part which one of the counfel, at leaft, admitted not to be ( 3°*5 ) be evidence, but he is commenting upon it, ftep by ftep.— • I apprehend my friend may ftate, that there is an expreffion per- fonally reflecting upon the King; but,, in order to argue. the admiffibility of any piecse of evidence, it is not to be read by the Counfel for the Crown, in the hearing ef the jury; becaufe if, after the cpunfel has read it, in the hearing pf the jury, the cpurt fay it is not admifiible evidence againft the prifoner, it may lead to affect the prifoner, becaufe it may affect the minds of the jury, in a manner inconfiftent with the nature pf the teftimony received on the trial. I am now, I underfiaiid, in poffeffion of your Lordfhips judgment upon this point. - Mr. Serjeant Adair. As my friend has 'done ffl£ the honour to advert more to what fell from me than the Weight of it feemed to deferve, I beg leave to ftate and explain what I* did fay upon the fubject. I did ftate, and I do not mean to retract it, that the part of the letter which I alluded to, when I fpoke, was not the ground upon which we offered it to your Lordfhips, and would not, of itfelf, make that evidence againft the prifoner ; — hut I did never ftate, that if there was that in the letter, upon the ground of which I contended it was proper evidence, as ap-' plicable evidence to the charge againft the prifoner, that the whole context of. that letter (hould not be. taken together* in order to (hew the intention of. the. parties who are implicated in that defign. I have never admitted that. But his Lordfhip has certainly truly faid, that my adrriiflion does not preclude any other gentleman arguing upon that ground. I wifhed to1 repeat what it was. that I did ftate, that I might not be accufed of having admitted that which I never admitted. Mr. Bearcroft. I have received this interruption with the greateft patience, becaufe it is made by a counfel for a man now trying for. his life ; if it had been made in any Pther place, and in a civil caufe, I could, not have forb'erne inftantly to exprefs my aftpnifhment at the grofs irregularity pf the interruption j becaufe I conceive it is not only the privilege, but it is abfolutely the duty of a counfel, when he is arguing upon the admiffibility of. evidence, to ftate that evidence to the court. ; If it can, by any other means, be argued, my learned friend will be.fo good as ( 386 ) as tell me how that is to be performed, for I realty cannot conceive. Lord Chief Juftice Eyre. The cdunfel is to open the nature. of the evidence. Mr. Erfkine. I am in pofleffion of the judgment of the court on that which Mr. Bearcroft calls an interruption. Mr. Bearcroft. I am certainly aWare, that it may be done; in that fhape of opening the nature of the evidence} but, with great fubmiffion to die court, I conceive that was precifely what _ I was going to do. ( I do conceive, with great deference, that it would be extremely improper in me to be reading the evidence, from the beginning to the end, under colour that that fliould be neceffary to argue as to the admiffibility of it. I do admit, that itis-iufficient; nay* that rftore pught npt to be dpne than to ftate the nature pf it; but I conceive that the nature pfthat part of it, which I point, out as pne pf the main grounds of the admiffibility of this letter, are certain particular expreflions made ufe pf in it. What ftrikes me, at this moment, is contained in two lines and a half: — 44 Nay, I am told a woman, moved and feduced by the u inftigation of the devil, and traiteroufly intending, &c. did, in 44 St. James's Park, take off her patten, and threw it, with all 44 her force, whereby the glafs of the "ftate coach was broken, 44 and his Majefty put, in fear. God fave the King; for if* &c. 44 as Gerald fays*" — I do fubmit to the court, that this is important evidence to the very point of the indictment; namely, for the purpofe of (hewing a- mifchievous intention to the King. Becaufe this is a letter from ene pf the cpnfpirators to another pf the confpirators,- exulting in the tranfaction, enjoying it, and ftating it as gopd mews, for bis purpofe, to his brother cpnfpirator. That is the light, with great fubmiffion, in which it ftrikes me. I cpnceive that that is an additional ground upon which this letter is ad- miffible, Mr., Bawer. I flipuld be afliamedto trouble the court with a word, upon this pbjectipn, for the fake of the piece of evidence that is now^ in. my hand, becaufe it does' not appear, -of' itfelf, to be of fo much importance as to demand fo m^ch- attention; bui lt ( 387 ) it will be of very confiderable confequence in the courfe of thefe trials, if a piece of evidence, offered to the court under the cir* cumftances in which we offer this letter, fliould npt be cpnfidered as go 3d evidence. I will attend to what your Lordfhip fuggefted, that the duty of counfel is to open the tendency of the evidence, at the time it is offered and objected to; and, with -great deference to my friends who have gone before me, I do not think that they have opened the tendency of that part of this letter, which appears to me to be material, and to be an indifputable ground why it (hould be received in evidence. I muft beg your Lordfhips to advert to the ftate «f .the*prefent caufe. We have, already proved, as againft the prifoner, a paper, figned with the name of John Martin, as chairman, at a meeting of the fociety of which he himfelf is Secretary. This paper was brought home to him by evidence, and by which he, therer- fore* admits, that Martin was the chairman of that, meeting;, the date of the letter, which I hold in- my hand, is the 22d of January, 1 7 94; it is fubfequent to the period of that Convention in Scotland, which we have heard fo much of, and it is relative to that Convention. The letter which I, want to read now is from Mr. Martin, who we have proved to be fo connected with Mr. Hardy, to their delegate, in Scotland, who was at that time, in confequence of the interpofition of the Civil Magiftrate, in confinement, as it appears, to encourage him to proceed in thefe efforts, which he was fent there to attempt, by telling him that fubfcriptions , will now be railed, which will be an afliftance to him ; and by informing him, that it may be thought advifeable t© have another meeting here, in a commodious place,, for the purpofe of carrying into effect the views of the Convention, which the Magiftracy of that country interrupted. That is the tendency of the greateft. part of the letter, which we now offer to the cpurt ; and if we have brought purfelves: into the fituatipji pf (hewing, as I truft we have, that Mri Hardy has admitted Mr. Martin -to be Chairman of the Cortefponding Spciety; if we have proved, that the object of that fociety was to accpmplifh certain .purpofes; when I fay we have proved, Ltake it we have given ( 38S X given evidence to prove it; if we have proved, thafT.the bbjectg of that fociety were to carry Certain purpofes into effect, by means of the .Cpnventipn; if we (hew. incitement from a peifon proved to be Connected with the prifoner, in the way Martin has been proved, to proceed, in thpfe fteps which are the objects of that Convention, and to perfevere in thofe meafures, which were tlie meafures ufed to bring about the ultimate .purpofes' pf that Convention, we may prove a direct act,' dene in furtherance ef that confpiracy, by fhewing a direct, incitement, by a letter in the very words of the overt act charged in this indictment, to perfevere, and gp pn with that .conduct, which was to lead to the ultimate end "that" the fociety had in view. . . Lord Chief Juftice Eyre, I underftand that this letter is npt proved ever to have come to the hands of Margarot ; you call it a letter ; it is, in truth, merely a paper, in Martin's hand-r writing, • . ' Mr, Bower. The argument -would, perhaps, be ftronger, if it had cOme to his hancfe; biit, with great fubmiffion to your Lordfhip, it is evidence of the intent of this ,Mr. Martin to encourage the party, who appears to have been intended to have been- aadrefled by this letter, in the general purpofes for which this fociety has been eftablifhed, and '.which they were going to carry into effect ; but it is npt fo ftrong, to be fure, as if I Could prove that it arrived at Margarot's. poffeffion, becaufe, I take it, that Would put it out of all doubt; but any letter, written ¦from a confpirator in the connection we have proved Mr. Martin *t6 be, having proved him to be Chairman pf that very meeting* the object of this letter being to excite the perfon to -whom it 'wis written, to perfevere in tliefe meafures, and to forward ithofe purpofes, which we have proved the fociety>had in view, and that Martin,, the man who writes this letter, particularly had in view, by the tranfactions at the Globe Tavern, is not, I conceive, a recital of any thing that has paffed,.- but a direct incitement to go on with that act, which we are about tp prove, as being the act intended by this fociety tp be carried into effect, -by the joint pr individual efforts of the' members of the fociety. It does appear to me to.be- materiaj, that we (hould npw knpw whether ( 3^9 ) whether or no, when we have eftablifhed an intimate'connection hetween Martin and the prifoner* that an act done by Martin, in direct furtherance and profecution of the main defign, fhould not be admitted "as evidence' agairtft the prifoner, though we have given evidence, that they were connected in the individual and particular r.ct which Is the fubject of the evidence that has- been offered. I fubmit to your Lordfhips* that this is evidence Which, in this ftage of the caufe, ought to be received; and it is not for the materiality of this piece of evidence, but for the fake of the principle that we wifh td have eftablifhed. Mr. Law: The ground upon which I meant to addrefs your Lordfhips has been, in a great degree, anticipated by what has fallen from Mr. Bower. — In confidering whether any written evidence, in general, is admifiible, I will Confider, firft, what is the relation betWeen the party who wrote this letter, the perfon to whom it is wrote* and the party to be affected by it. — There has been evidence to prove, that there exifted in the members of this fociety, a confpiracy to fubvert the Govern- rnent, then I fubmit to your Lordfhips, that, having laid that ground, it is irt the ordinary courfe of proceeding to give- evidence of the detached acts of any one individual, conducing to the 'general end and purpofe to be effected by tlie general confpiracy. Then what is this act ? And is it an act which falls within any of the Over-acts charged uppn the face of the indictment ? — I think it is peculiarly applicable to that overt-act which -ftates that they comppfed -and wrote j and Caufed to be compofed and written, divers books, pamphlets, letters, &c. containing incitements, encouragements and exhortations* for the purpofe of accomplifh ing this object of holding a Convention, for the purpofe of de pofing and ultiriiating procuring the death of his Majefty. Now is this letter in furtherance Of that object ; it Contains the com mon incitements and exhortations of this fort ; it encourages him to perfevere, and ftates as a ground why he (hould perfevere ; that the funds of the Society were increafing ; that their numbers Were increafing, and that their profpect of fuccefs was increafing. That being ftated* (for I am npt at liberty tp detail the parricu- :- D d lar C 39° ) Iar contents of the -letter) as the fubject and object of jfhe letter J the only queftion is, whether fuch a letter as that, of which it may be predicated, that it contains an exhortation and incitement to this pbject, is or not to be received in evidence. I cpn ceive there can be np dpubt it is an excitement and exhortation upon this fubject, and if it be that it is admiffible. Mr. Erfkinei My Lord, unlefs I miftake the caufe, and the ftage we are now arrived at in it, this is novel. ¦ I think I may call it a phenomenon in the hiftory of trials for High Treafon, and in the practice of a court of juftice. My Lord, ftanding here towards the middle of the fecond day, I muft appeal to the ho nour of the court, and to the candour of the bar, whether we who are of Counfel for the prifoner have not been extremely ready ; perhaps, readier than we might altogether juftify to our client in a capital cafe, in permitting the reception of evidence, having troubled your Lordfhips with no arguments; having afked hardly a fingle queftion of any witnefs that has been fworn. I am perfuaded, when your Lordfhips recollect the courfe that this caufe has taken, that ypu cannpt but fee that we (hould have made no fort pf pbjectipn to reading pf this letter, had it contained np thing more than my learned friend Mr. Garrow very decently, in my ppinion, and very properly ftated to the court, coniidering and properly eonfidering, that though the court might be involv ed in the difficulty in reading a part of a letter, which part could in no inftance be evidence againft the prifoner, yet that the technicality of the evidence might unfortunately call upon your Lordfhips to direct a jury to do that which a judge cannot di rect a jury to do, becaufe human nature will not permit the ac complifhment of it; to difcharge from their minds the recollec tion of what they have heard, ' My friend did, therefore, properly not even open the generality of that part of the letter ; hut what have I in this caufe to do with any thing that Mr. Martin might write, and which may appear for any thing I know to be an un- publifhed letter in Mr. Martin's poffeffion, and therefore upon no principle of law to be evidence at all. I conceived that we were debating it as far as related to the profecution of what was Called a plot and confpiracy; namely, that which was .publifhed in al 5 he ( 39i ) file newfpapers, and which your Lordfhips have heen engaged two days in hearing read. I muft be a fool to ftand here and ¦pbject to reading a paper which contains nothing more than what the jury have been employed' two days of their precious time in hearing ; but fo it went on, and at laft Mr. Serjeant Adair faid, that, which if it had been faid at firft* I would have waved my ob jection, and the jury (hould have heard the letter, and that part would have been eroded out, or the officer would have been de fired not to read it ; and I defy any man of common fenfe to lay he could fuppofe I (hould object to it. Do not let any man ex> plainaway that which I did fay, and that which the honourable arid learned Serjeant ftated, with the fenfe that belongs to him, ¦and the humanity which, I truft, will ever accompany that fenfe. He ftated that he did not mean to infift upon the jury hearing thofe lines read ; he thought they ought not to hear them. Then comes the next learned Counfel, and he makes not a fingle obfervation upon any other part of the letter which is ftated to be in furtherance of that which is called the confpiracy ; but he fattens upon that, and propofes to read that which the Counfel who went before him admitted Was no evidence againft my client. I flood up to object, not to interrupt. I ftand here to object, (whenever there is a legal objection open to me. I had your Lord fhips judgment for the foundation of my objection; but my friend paid no regard to your Lordfhips judgment; for after I was pofleffed of your Lordfhips judgment, he went on and read the very words which I objected againft the reading of; and hav ing done fo, he kindly tells me that as I am Counfel in a crimi nal cafe, he receives my interruption with a gendenefs which he wotdd not receive fuch an interruption with in a- civil caufe. He •fays this after he has done that which is illegal, and has not been ftopped in the doing it, though I objected to it, and was in pof feffion pf the judgment of the court. My Lords, this is no trifling matter, give me leave to fay, I ftand here for the life of an innocent man ; and I ftand here for the Law and Conftitution of England, and I will fuffer nothing to be done while I ftand here that is not confonant to both. Then where are we got to now in the debate. We are got to that D d 2 which ¦{ w- ) which fills me with alarm and apprehenfion ; it is an object of a magnitude fo great, fo mighty, and what I am fo unaccuftomed to confider, that I hardly know how to grapple with it* or how to addrefs myfelf to your Lordfhips. It is truly dated too by the learned Serjeant, that what the Crown profefs'te make put by the evidence they have been offer ing to your Lordfhips for a great feafon is, that Mr. Hardy was engaged in a confpiracy. Why is that unfortunate man at the bar to be the pnly victim pf a cpnfpiraey I I dp not mean the only one ; there are eight or ten indicted with him. How many thoufand of his Majefty's fubjects are meant to be brought to this place I cannot tell; for the confpiracy that is alledged goes to the Members of every one of the Societies. I fay, in my judgment, upon the evidence that is before the court* every man who has been a Member of thefe Correfponding Societies; who has been a Member of this Conftitutional Society; every man who has been connected widi thofe acts, if the acts conftitute a cohfpiracy to fubvert the Government, is liable to be put into the fame fituation'with Mr. Hardy; and any thing that is written by -any one perfon belonging to either pf thefe Societies would be equally evidence againftiiim. ¦ - The whple diftinttipn feems to be this*! and that diftinction feems mifunderftood. I agree with Mr. Solicitor General in what he faid, with regard to Lprd Stafford's cafe, founding itfelf as far as relates to acts. Now if this had been within the fcopc of the bufinefs under examination, an act done by Margarot and by Martin, I (hall admit that fuch act done would be evidence againft the prifoner ; but I am objecting to a letter, more efpe cially. a letter that never found its, way to the perfon to whom it was written; that it was ever intended for Mr. Margarot, as far as the evidence goes, we don't know ; but by the contents of which letter we are fought to be affected. Now there is only one thing I am anxious about. I wifli to fubmit it to the juftice and to the difcretion cf this cpurt. Sup- ppfe part pf this letter is evidence, and part pf it is npt evi dence, . is that part which is not evidence to be read ? It ( m ), It happens every day* that your Lordfhips direct part of an an fwer to an interrogatory to be read in a court of equity ; but you won't allow other parts to be read, becaufe they are not admiffible evidence. Now all that I object to is, the reading this account ef an old woman throwing her patten at the Kirig's coach ; it is fomething fo perfectly ridiculous : that a man's writing fuch a trumpery anecdote as that, fhould affect a man trying for his life in fuch a cafe as this, it would be an infult to fuppofe ; but at the fametime'it appears to me to be a dangerous precedent, to al low any thing to be read as evidence which has no connection with the tranfaction before the court, but is a mere flippancy, which the writer of a letter happens to put into it ; which letter has in it matter that may become evidence. Lord Chief Juftice Eyre. This queftion has gone irito a great length of difcuffion ; but I blame nobody, as there was fome' difference of opinion in the court upon the former occafion ; therefore it required that this queftion (hould be more fully dif cuffed, I agree with Mr. Bearcroft, that he has ftated truly what the nature of this queftion is ; namely, that if this were merely a trial for a confpiracy, this would be evidence againft one pf the parties in that confpiracy, becaufe the queftion, whether this prifoner is to be reached upon the fpecific charge againft him, is, undoubtedly, a queftion, whether he is to be reached by that medium ; and if the medium is once eftabliflied that queftion arifes, upon which I will fay no more at prefent. It is perfectly clear that in the cafe of a confpiracy, the ge neral evidence of the thing confpired is given in evidence, and then the party who is at prefent brought before a Court of Juf tice to anfwer for it is to be affected for his (hare in it, the quef tion then is, whether a paper under the hand of a perfon, who is proved to be one of, the confpirators, (hall he received in evi dence, where it is nothing more than a paper under his hand ? For as I take it, as this cafe ftands, it is not a letter fent to Margarot. There is - no proof that Margarot ever received any fuch letter ; and, therefore, it may be a paper merely written privately liy Martin, who ft the perfon Iri whofe hand-writing it' D d 3 is C 394 ) is ftated to be, and may never have gone" out of his hands. The . queftiori is, whether under thefe circumftances fuch a paper is to be admitted in evidence, in a cafe in which another perfon now (lands at the bar ; and, I confefs, that this does not appear to me to be fufficiently diftinguifhed from the cafe which we juft now determined, to fatisfy my mind that it Ought to be received in evidence. It is undoubtedly true, that the general plot is to be made out by proving the tranfactions of others, to which the prifoner at the bar may not be immediately a party ; but then, how is it tp be proved ? Is it to be proved by the mere acknowledgment of thefe qther parties, and fo made ufe of againft the prilbnor now at the bar? For inftance, here is a, confpiracy charged. Suppofe a witnefs (hould come and fay, I heard Thelwall fay that he was engaged hi fuch a cpnfpiracy; and I heard Martin fay he was engaged in fuch a confpiracy ; and I heard Margarot fay he was engaged in fuch a confpiracy. My prefent apprehenfion is, that that would be extremely good evidence perfonally againft the parties* who, faid it to prove againft them individually, that they were concerned in that confpiracy, but that it would be no evi dence whatever againft third perfons, as was the cafe on Lord $tafford's trial, A witnefs proved that he heard A, B, and C, converfe upon the fubject of a confpiracy ; that is a direct proof that thefe three perfons confpired, and there the converfation of One is evidence againft the other, and fo on ; that is evidence of a tranfaction, a fact, not hear-fay evidence ; and not evidence of a party's acknowledgement, only inafmuch as it is an acknow ledgement by pne, in the prefence pf the pthers, they acquiefcing, and therefore becpmes diftinct and proper evidence,- But I have always taken it that with regard to thefe perfonal acknowledge ments of having meant to incite; for that is the nature of this letter'.— I have always taken it that that was proper evidence, if the party who was to be affected by it happened to ftand at the lw to anfwer for it; but if another perfon was indicted by him-* felf, that there could be no evidence received againft that- perfbnj but the evidence of (acts proved by the witneffes, who prove the Wfiftence pf the feet*- jq Regular evidence • qanfeffional evidence is ( 395 ) js ai hominem. only. If it happens that a matter of fact, is evi dence againft A, by evidence of the truth of that fact, other thaft the confeffion of A, that does alfo become evidence againft B* from the circumftance of B being connected in the plot, and B being bound by all that A has done. But the courfe that ha? been obferved in the State Trials that I have read, has been that confeffions have been made evidence againft the individuals only .who confefled. This is of the nature of confeffion, and nothing more ; that has been confidered as evidence only againft the party, and is not to be received where that party is not the perfon be fore the court. Lord Chief Baron Macdonald. On the laft queftion before the court I confined what I (aid to the exact circumftance of the cafe, namely, that the bare relation of acts by one of feveral perfons to whom the confpiracy is imputed to a perfect ftranger to that confpiracy, is no more than an admiffion which may pof fibly affect himfelf, but cannot poffibly affect any of his co-con- fpirators, it not being an act done in the profecution of that confpiracy. But, I confefs, there appears to me a material dif tinction in this cafe. This is a paper which is addreffed by orie of feveral confpirators to another of thofe confpirators ; it is introduced as fubfervient to the proof of the general nature and tendency of that confpiracy, which is alledged and endeavoured to be proved as the foundation of affecting the prifoner with a fliare in that confpiracy. Now it feems to me that one confpirator addreffing ,a paper to another confpirator, having relation to that confpiracy, (not merely a bare defcription to a ftranger) that one of them addreff ing that paper to the other is an act complete in that fingle con fpirator, although that paper (hould be intercepted, or although it never (hould reach that perfon for whofe perufal it was intend ed; that diftinguifhes this from the other cafe; it is a different ^ct in one, though it does not reach the other in that-?fenfe ; it is an act by one of the Confpirators, which in order to (hew the na ture and tendency of that Confpiracy maybe lead as againft any Other, r 396 ) Mr. Baron Hotham. I remain of opinion that in the laff eaftjj the letter then offered in evidence ought not to have been fuffered to be. read. . That letter, however, I cpnfider as a very different letter from this; it was enclpfing fome fongs, fuppofed to have been fung at a meeting, fent tp a totally indifferent perfon, and that was all that it contained. This letter is written by a man who has been proved to be the Chairman of the Meeting at the Globe Tavern ; it is ftated to be written to, though npt. 'received by, Margarpt, whp has been proved to be the Delegate, fent- by that Meeting into Scpdand ; and it is ftated to cpntain matters re fpecting his particular miffion to Edinburgh. It is ftated to eon;- •tain matters of incitement, and encouragement to him to proceed in the caufe in which he was engaged; namely, in the caufe in which he was. engaged by the procurement, by the confent,. and by the directien of that Meeting in Lpndon; and that Meeting in London has been proved to be compofed of the prifoner at the bar, of the writer of. this letter, and his correfpondent to whom it was irrteiided to be fent, together with many others. Now, therefore, I do confider this as. ftrong evidence, to (hew that one pf that meeting fo blended together as they are with the prifoner* fending fuch a letter tending to incite and encourage their own delegate to proceed in the bufinefs, upon which they had ' particularly fent him, and for which they had efpecially commiffioned him and empowered him to act, ought to be adr mitted as evidence to prove the fenfe of thefe confpirators, who were alfo proved to have been together upon that day. , Mr. Juftice Buller. The cafe to which I alluded juft now was, that of Lord William Ruffel, where my Lord Howard, in his examination, goes very much at large into, evidence of what paffed between him and Lprd Shaftefbury ; and in parts of that evidence he goes on to fay that he fuppofed thefe. things were told to Lord Ruffel; that Lprd Ruffel properly, objects to ; he fays it is Ijearfay, and does npt affect him, but it is part pf the evidence which is given, .and ypu find much relied uppn by the Chief Juftice, in fumming up to the Jury, with a viewj. to that .'queftion which I juft now ftated, as the firft which preffes in point; &/ 'ercjer, and which queftion i/i my ppinion, is always to be diftinct froin. ( 397 ) from the fecjond queftion ; namely, whether it does or does not immediately affect the prifpner. The evidence given there by Lprd Hpward is, that in a converfation with Lprd Shaftefbury, he afked him what forces he had, to which Lprd Shaftefbury anfwered, that he had enpugh, that ten thoufand brifk boys were . ready to follow him whenever he held up his finger. When this is fiimmed up the Chief Juftice ftates it to the Jury, repeating thefe words, as evidence of a confult, but that it does not affect Lord Ruffel, Then how ftands the cafe here ? The firft queftion to be made out is, that there was fome confpiracy to affect the life of the King ; — To make out that queftion you muft go into evidence of what was done by other perfons. When eftablifhed, I agree that that would not affect the Prifoner, but it is neceffary firft to (hew that; there was fuch a confpiracy on foot, and then you go on to the fecond queftion, to fee whether there is or is not evidence to prove that this prifoner was acting a part in that conT fpiracy. Now it feems to me that the queftion will ftand a little clearer, if we fuppofe. that a confpiracy of the nature contended -for on the part of the profecution had gone on without the intervention of fuch a Cpnvention, as has been here proved, by perfons -who were in the habit of committing their refolutions to writing, .if fuch a combination had exifted, how in the nature of things could it be made out, but by the declarations and the converfations of thofe who were parties to it ? And it feems to me that the way in which my brother Adair confidered this queftion, is a material one ; fuppofe an equivocal expreffion were ufed, fhould not I prove by converfation of perfons ' there how they underftood it ; it is evidence that they meant that their plan fhpuld go to fuch an extent, then it becomes a fecondary quef tion, whether the prifoner fo underftood it or not ; it is an ex preffion equivocal, and if it is proved on the part of the profecu tion that fome meant to go to that extent, it is open to the prifoner to fay it was not fo meant by me, nor did I fo under ftand it. But the queftion is now not upon the effect of the evidence, but whether it ought or not to be received; and .jnafrnuch as it goes to the exiftence of a confpiracy, it feems to ( 39S } to- me that it muft be received. What effect it will have maf$ be confidered hereafter. Mr. Juftice Grofe. I am of opinion this evidence muft be received for the purpofe. of (hewing that there was a confpiracy, and of what nature that confpiracy was. In this cafe the addrefs has juft now been produced and read; and in that addrefs it appears that Martin was the chairman, the prifoner, the fecre tary, audi that there was a correfppndence bpth between the prifoner and Margarot, and between Martin and Margarpt; that complicates or implicates thefe three perfons in a bufinefs of this fort. Then is it not very material for us to hear for the purpofe pf fhewing the nature pf the cpnfpiracy, the extent andthe intention of the parties, what one confpirator writes to the other, refpecting thefe very acts that are done in the courfe of tranfactions relative to this very plan ? And when it is faid ¦that this is merely a confeffion or a writing, I think h is more becaufe we know very well that in many circumftances of this fort it has been determined that, fcribere eft agere ; and the writing here is an act, and it is fuch an act as may (hew the extent of the plan, that there was a plan, it may (hew for any thing I know the intention of the parties to that plan. I confefej therefore, I am of opinion that this evidence ought to be read. Lord Chief Juftice Eyre. Then now you will read it, Mr. William Walker (Sworn), Examined by Mr. Garrow. 4>. I believe you are an Attorney ? A. Yes. J^. Are you acquainted with Mr. John Martin I A. I am. <%. Are you acquainted With his character of hand- writing ?" A. I am. 4J, Be fo good as look' af that letter, and tell me livhether the whole of it in your judgement is his writing, particularly the fignature, do you believe that to be Mr* Martin's hand writing ? A.ldo. ' ; { 399 ) 4J. Be fo good as look at the fuperfcrlption, do you believe that likewife to be his hand-writing ? A. I do. " Richmond Buildings, Jan. 22, 1794. « My Dear Sir, «4 I dare fay you think I have forgot you, from my not having * written to you ; but you know my fentiments fo well that it t4 was unneceffary for me, and would probably have been impro- 11 per to fay much on the fubject of your miffion ; and with re- " gard to Lord Edward, I have not been able to get any thing « like a fettlement. To-morrow is the firft day of the term, 44 when I fhall rule the Sheriff to return the writ of fum- 14 mpns. 44 We had a meeting on"*VEonday. I was ip the chair. The ** newfpaper gives our numbers at 500, but we were nearer 44 1500. Every thing was well conducted, that is to fay, re- " gularly ; and the proceedings were tolerably bold. Mr. Hardy, 44 I dare fay, has fent you a copy of the Addrefs and refo- M lution. 44 Your conduct receives univerfal approbation; and though I 44 at one time dreaded the want of money, yet that is now over. *4 Thofe who oppofed the fubfcription at firft, are now putting 44 their hands to the very bottorn of their pockets, and fwear by 44 God you (hall be fupported with the laft guinea. We muft K have another General Meeting in a Chapel or fome large 44 place, and declare the purpofe of a fubfcription, and, I think, 44 we (hall get plenty of the needful for that and other purpofes. 44 Have you read my letter to Lord Lauderdale ? Do you incline 44 to try the Writ of Error ? What do the Scotch lawyers think 44 of it ? And what do ypu think of the legal knowledge of my 44 countrymen ? I firmly believe that the law is the only fcience *4 of which they know nothing, 44 The King went yefterday to meet his Parliament. They «» fat till fix o'clock this morning. The papers are not out ; but ** J am told only twelve Members were for Peace, I am glad 44 the ( 4°o )¦ * the Mipifter has fo great a majority within doors for the War, 44 and that the people have a greater majority without doors *4 againft the War. The fwinifh rogues had the impudence, to 44 write, np War, pn aUjhe doors and cprners pf the Hpufes pf t4 Lprds and Cpmmpns ; and they had even the audacity to groan 44 .and hits while his Moft. Sacred Majefty was paffing te, and 44 from, the Houfe. Nay, I am told, a woman, moved and 44 (educed by the inftigatioij of the Devil, and traitoroufly intend- 44 ing, &c, did, in St. James's Park, take off her patten, and * threw it with all her force at his Majefty, whereby the glafs of 44 theftate-coach was broken, and his Majefty put in fear, God 44 (avethe King, for if, &c. (as Gerrald fays), 44 I am happy to find you are in good fpirits,- differing the mild 44 and juft fentence of the law. You may remember that I told *4 you to be thankful if you were not hanged. . 44The fociety is increafing rapidiftjboth in fpirit and in num- *4 bers; and the Rich now begin to come among us, and to fit 44 down with pleafure among the honeft men with the leathern 44 aprons,44 I could write to you ftrange things, but I know not but this u may be read by fomebody before it comes to your hands,, there- f4 fore excufe the nonfenfe. 44 I think there is a ftruggle between Mrs. Margarot and you, 44 who fhall bear this with greater fortitude, and that thofe who 44 fuffer the leaft feel the moft. When I read ypur letter to the 44 General Meeting, I could fee the tear ftarting in the eyes of 44 the honeft men to whom it was addreffed, and the fucceeding 44 groans helped to relieve their fwoln hearts. 44 I think you (hould execute a Power, pf Attorney to feme 44 perfon, authorizing him to act for ypu generally, jn cafe ypu 44 fhpuld be hurried away. And if ypu think well pf the Writ 44 of Error, giye me an authority, , and 1^ will immediately fet 44 about it. , 44 Between us, Muir and Palmer have put tfienifelvps into, the 44 hands of the Oppofition, whp, I fear, will ufe their cafe no 44 farther than as an argument, to help .themfelves into adtni- • 44 niftratipn. . , ... .. . , '•' i. « Mrs, ( 4°i )' 14 Mrs. Martin defires me to fay more for her than I have 44 room.'* Were it not that you are fafe enough, and all of US 44 married, I would almoft think her in love ; but it is with your 44 conduct more than your perfon, adieu. Believe me to be, my 44 dear Sir, 44 Your fincere friend, and 44 Fellow-Citizen, 44 J. MARTIN." 44 Citizen Gay fays more than I dare write. You know the 44 frank fincerity of that Citizen, and if 'either prayers or any 44 thing elfe in his power is wanting it may be depended on. 44 To Citizen Maurice Margarot, Tolbobth, Edinburgh'* Mr. John Gurnell. I found this paper at Hardy's houfe. It was read. 44 Tolbooth, January 24, 1794. 44 Dear Hardy, 44 I have juft received your letter, dated (by miftake I fup- 44 pofe) the 19th, giving me an account of the dinner, of Ramfay, 44 and inclofing a iol. note. I thank you, my valuable friend, 44 for the kind concern you (hew; but I wifh the fociety may 44 not forget me altogether : however, fhould they, I am deter- 44 mined to purfue the fame line of conduct, even if I muft 44 purfue it alone. I will, however, remark to you in private, 44 and this letter is meant as a private one, and you may make 44 what ufe you think fit of it, that tlie Sheffield Society have 44 behaved far differently from our own, towards their delegate, 44 and even towards his family. If you publifh my trial, it 44 might be neceffary to place a print of my handfome figure in 44 front, if fo Mrs. Margarot can furnifh you with a miniature, 44 whence an engraving can be taken ; if that is done, pray let 44 the engraver put irito my hand the paper, containing the ** queftions to ihe Lord Juftice Clerk, and let- the laft of theni 44 be ( 402 ) «* be legible, viz. Did ypu npt fay, that the mob would be the 44 better for lofing a little blood ? 44 It will have a great effect on the public mind : I was K going to write a preface to the trial, but on reading the 44 account pf the meeting at the Glpbe-Tavern, I thpught it 44 might be better for the fociety themfelves to fay fomething on 44 that head ; but I muft again obferve, that the Sheffield people " feem more in earned than the Londoners. Pray write to 44 Norwich: I hope Sutton has paid that bill; iffo, let Mrs. 44 M. fend me 15I, pf it, and after paying ypu, keep the re- 44 mainder : I afk for that money, becaufe I am in arrears here 44 more than the fociety has fent me ; I will endeavpur, if I can 44 cpllect a few of the extraordinary expences, to fend you a lift 44 of them. Since my laft, we have had an additional padlock 44 put upen pur dppr, and the Captain pf the Tplbppth is npt 44 intruded with the keys at night, but delivers them to the magi- 44 Urates, and calls for them again in the morning. Every thing t4\ here (hews fear on the one hand, and difcpntent nearly ripe pn 44 the pther ; here they make np dinners, but yet they meet. It 44 appears, that wprthy Skirving was unnpticed in your cups ; 44 the Scotch ladies, however, are more kind than the Lendpn 44 Cprrefopnding Society; and in the effects pf their regard for him, 44 I partake. Gerrald is npt yet arrived. I fent the fociety (by the 44 way pf Sheffield) a copy of Scptt's indictment ; they will make 4-4 what ufe they think proper pf it. Has Martin dpne any thing for 44 me ? The Duke pf Pprtland, npw that he jpins miniftry, and 44 coalefces with the landed gentlemen, pught to pay that bill 44 for his brother, Lord Edward Bentinck, or they both ought to 44 be expofed to the world, and the abufe of parliamentary feat- 44 jobbing made more public. Armed affociations are* I per- 44 ceive, now fet on foot by the rich, wherefore (hould not 44 the poor do the fame ? Are you to wait patiently until 44 20,000 Heffians and Hanoverians come to cut your throats .' 44 — and will you ftretch forth ypur necks, like lambs,, to 44 the butcher's knife, and, like lambs, content yourfelves " with bleating. Pray let me bear from you foon j re* 44 member ( 403 ) * member me to Moffatt, Muir, Palmer, and all fuffcring «* brethren." « Your's, 44 M. M." " Pray deliver the inclofed, and (hew her this." K, Mr. Thomas Hardy, No. 9, Piccadilly, London?' Mr. John GurnelL I found this paper at Hardy's houfe. It was read. u Briftol, January 18, 1794. 44 Fellow-Citizens, • cc I am again authorized to write to you, fignifying the grari- 44 tude of our fociety for your fecond epiftle, which came to my 44 hands the 3d inftant. After reading its contents, I collected 44 as many of our friends as I conveniently could that evening 4— 44 we read— we blufhed — we took courage ; we did more, for 44 we refolved on re-affembling, as we had appointed prior to 44 the determination we announced in pur laft. We intend pub- 44 lifhing an addrefs, pr fomething declaratory of our fentiments, *4 with all convenient fpeed : as foon as this is effected, we fhall *4 fend a copy or copies to you. Frorn the Courier and Evening " Gazette, we have had information of the trial of Mr. Margaret 44 and his fentence to fourteen years tranfportation. We are by ,4 no means at a lofs in forming a judgment of the noble caufe in 44 which he, with others, are embarked, nor would we fee " frightened at fuch fentences. You fee, citizens, your fecond * epiftle has quickened our courage, and vivified our patriotilin, •4 and roufed us to refolution ; and more, our number is now <4 coniiderably increafed. Perhaps your third epiftle may do 44 greater things ftill ; we are fenfible 'tis a noble— -'tis a vir- 44 tuous — 'tis a godlike and immortal caufe in which we are now " mutually embarked ; and though, for parts, our effort can be " but a feeble one, yet the caufe we efpoufe is mighty — is ener- .. I think you were fome time Secretary to tlie Conftitutional Society.? A. Yes. J^. Were thefe the books in which their proceedings for fome time were entered ? A. Yes. S$. Are the entries of the proceedings of the Spciety regularly made in thefe bpoks ? A; Yes. The ( P7- ) - The following proceedings were read from one of the bods. " At a Meeting held at the Crown and Anchor TaVern* u Strand, Friday, July 13, 1792. 44 PRESENT, 44 Mr. John Martin in the chair. 44 Mr. Tooke, Mr. Froft, Mr. Bonney, Mr. Paine, Dr. Max- « well, Mr. Hull, Mr. Sharpe, Mr. Pearfon, Dr. Kentifh, 44 Mr. Sturch, Mr. Conftable, Mr. G. Williams, Mr. Rim- 44 ington, Captain Harwood, Mr. Bufli, Mr. Bu(h, junior, « Mr, Choppin, Mr. Bakewell, Mr. Hind, Lord Sempill, 44 Mr. Jennings, Mr. Balmanno,. Mr. Fitzgerald, Mr. Adams, 44 Mr. J. Williams, Mr. Chatfield. 44 The following fix gentlemen' recommended by the Lon- 44 don Correfponding Society, to be affociated members of this 44 Society, were unanimoufly elected." 44 Mr. Hardy, Mr. Margarot, Mr. Richter, Mr.Littlejohn, Mr. 44 Grant, and Mr. Gow, 44 At a Meeting of the Society for Conftitutional Information, 44 held at the Crown and Anchor Tavern, Strand, Friday, July " 20th, 1792. 44 PRESENT, « Mr. Froft in the Chair, Mr. I. H. Tooke, Lord Sempill, Dr. 44 Edwards, Mr. Bonney, Mr. W. Sharpe, Mr. J. Williams, 44 Mr. G. Williams, Mr. Choppin, Mr. Bailey, Col. Keating, 44 Mr. Bufli, Mr. Sturch, Mr. Balmanno, Mr. Afpinal, Mr. 44 Bufli, jun. Mr. Gow, Mr. Hardy, Mr. Grant, Mr. 44 Moore, Mr. John Martin, Capt. Perry, Rev. Dr. Towers." 44 The Committee appointed to take into confideration Mr. *4 Paine's letter, reported that they think it will not be advifable " for the Society to undertake the truft. 44 Refolved, That the faid Committee be now diffolved, 44 Refolved, That a Committee be appointed tp confider of the 44 manner in which the Society (hall communicate to Mr. Paine 44 their determination concerning his offer of £. 1000, in truft, to " be applied as the Society (hall think proper, 44 Refolved, ( 4** ) 44 Refolved* That the faid Cpmmittee -confift of Mr.Bufh, 44 Rev. Dr. Towers, Capt. Perry, Mr. I. H. Tooke, Lprd Seni- 44 pill, Mr. M. Bufli, Mr. W. Sharpe,. Mr. Choppin, and Mr. 44 Balmanno ; and that the faid Committee meet at fix o'clock, 44 at the 'Crown and. Anchor Tavern." Air. Bower. Thefe books were among 4he papers that were feized at your houfe by the Meffenger ? A. Yes. gK Were thefe books ppen to the infpectipn pf the Spciety, when the Society were fitting ? A. They were pn the table. £>. Open tp the infpection pf the members ? , A.' If they thought proper. 4J. W«re they ever read ? A. The minutes of the former meeting were generally read the firft thing in the proceedings, of the next. t" ERRATA. Page 34, line 46, ' read at his coronation, by which he proinifes and fwears. Page 38, line 14, for our, read your." Page 40, line z6\ for alluding, read according. tine. 27^ read to fay- that they.coutd be capable. Pt&c 45, fowz> read in this, reipecft cannot but. • line 9, after is, inftead of a Semicolon, infert a Period. Page 62, line 26, read in this refpect. Page 63* Aiea, fir of tbe King; read of the Xing. Pfigf.6^, Jine.s ii.and-.ig, dele but in which. ¥age j.c;r line 25, fir dependancy, r.ead dependance. Page 80, laji line but one, fir invited the affiliation, read invited affiliation. Page 103, Une 12, fir it, read- them. Page 1 i&, toa.13, fir why, a»<£it was. Page in, line 25, after febple, infert a Period. Page 139, lint 23, read which is not yet mature. Page 184, line 147 read having or claiming. Page Z46, line ly, fir oppreffions, read oppreffors. ^i^3^> l"* 3°, "*A" that." ¦fifj' 371; line 7. from tie bottom, infert a Comma line 9>fir prefs, read pafs. 1. THE END OF THE FIRST VOLUME. YALE UNIVERSITY LIBRARY 3 9002 03457 0870 WIP *(?&¦ 1 ^it#s#' M: