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son, for following much less than his example. His Grace, in the same paper expresses himself farther, in these remarkable words;" When the people are fairly and equal“ ly represented in Parliament, when they have annual

opportunities of changing their deputies, and through “ them, of controlling every abuse of Government in a safe,

easy and legal way, there can be no longer any reason “ for recurring to those ever dangerous, though sometimes

necessary, expedients of an armed force, which nothing “ but a bad government can justify. Such a magnanimous “ end to your proceedings, when, after having restored li

berty, commerce, and free government to your country, you shall voluntarily retire to the noble character of pri

vate citizens, peaceably enjoying the blessings you have “ procured, will crown your labours with everlasting glory, " and is worthy the genuine patriotic spirit which animates “ the Irish volunteers.” Let it not be forgotten, that this letter was addressed to Colonel Sharman, commanding a large armed force in Ireland, without commission from the Crown.

Gentlemen, it is amazing the different effect which the same writings have, according as the author happens to be cited when the work is read. If this letter, which, coming from the pen of the Duke of Richmond, is only a spirited remonstrance against corrupt ministers, had been read in evidence by Mr. Shelton at the table, as the letter of Citizen Margarot, Skirving, or Yorke, the whole mass would instantly have been transmuted into high treason against the King.

But it seems that their objects were different-for that it is plain they had abandoned the constitutional mode of petition, which was alone recommended in this letter. I maintain that this imputation is directly in the teeth of the whole body of the evidence. All the witnesses, both now, and upon the former trial, and the witnesses too for the Crown, prove the very reverse :--they all say that they looked to success through the slow operation of reason ;-that they knew the House of Commons would disregard, as it had often disregarded, the scattered petitions of small numbers; but that if they could collect the universal sense of the people upon the subject, the success of their object would be insured, and insured through the regular organs of Government. How else were the questions on the Slave Trade carried ?—Parliament had treated the measure, in its origin, with contempt; and I must say, that the arguments against its sudden or speedy abolition were so weighty, in my mind, YOL. II.

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common sense; can it affect THEM? Is it to be endured that treason shall be fastened upon me, because I am absurdly or impertinently asked whether my intentions be traitorous : unless my previous conduct or declarations have excited a reasonable suspicion, or unless the evidence of bad intention can be collected from MY ANSWER? If my answer, indeed, furnishes conclusion against me, that is quite another thing. Let us, therefore, examine that; for the QUESTION is no evidence at all but as it is introductory of the reply: yet, would you believe it?-the answer is not even printed, that I can find, in the Reports ; it is wholly suppressed ; and is only introduced, by the candour of the Crown, in the conduct of the prosecution. The answer, which bears date the 26th of November 1792, begins, as was natural, with recapitulating the questions put to them, nearly in the language of the letter itself; and then they say— And as to the object we « have in view, we refer you to our addresses; you will " therein see we mean to disseminate .political knowledge, " and thereby engage the judicious part of the nation to de" mand a restoration of their rights in ANNUAL PARLIAMENTS ;

the members of those Parliaments OWING their u election to the unbought, and even unbiassed, suffrage of

every citizen in possession of his reason, and not incapaci“ tated by crimes.”—This is the answer of the Corresponding Society. And having set myself to rights with my Learned Friends at the Bar, but meaning to extend my courtesy no further, because justice confines it to them, surely I have a right to ask whether it be consistent with the dignity or character of a great and august tribunal to accuse persons capitally arrested, and before the season of their trial, of having shrunk from questions put to them for an exposition of their motives, although they were possessed of the answer I have just read to you, which refers the questions positively and unambiguously to their original address ; which repeats the same legal objects, if possible, with additional precision; and which tells them, that from these objects so a second time delineated and expressed, they mean neither to deviate to the right or left, but to pursue them by all means consistent with the law and constitution of the kingdom.

The next observation, which is made upon the language of their proceedings, is still of the same complexion, and turns round directly in their support.

The charge, you observe, is for conspiring to hold a Convention in England, in the year 1794, to usurp the govern

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• Resolved, That this Convention, considering the calami

tous consequences of any act of the Legislature"-ACT OF THE LEGISLATURE-Why, according to these Gentlemen, they were themselves the Legislature, for the Legislature was gone, if their argument be founded, the moment the Convention sat.

“ Resolved, That this Convention, considering the “ calamitous consequences of any act of the Legislature, “ which may tend to deprive the whole, or any part of the

people, of their undoubted right to meet by themselves, or “ their delegates, to discuss any matter relative to their " rights, whether of a public or private nature, and holding “ the same to be totally inconsistent with the first principles 5 and safety of society, and also subversive of the known and " acknowledged constitutional liberties of Englishmen." Gentlemen, I must pause here, though in the very middle of a sentence, because every limb and member of it furnishes a decisive refutation of the charge. Here are men accused of having assumed the supreme authority, and as the subverters of English law, who are yet peaceably claiming, under the banners of the law, the indisputable privileges of subjects to discuss the rights which that law bestows. They then say, and here, it seems, lies the treason—" We do therefore de“ clare, before God and our country, that we shall pay no

regard to any act which shall militate against THE CONSTITUTION OF OUR COUNTRY.” But, according to the other side of the table, the constitution of the country was at an end, and all its powers assumed by this Convention, although, in the

very proceeding which they thus most unaccountably select for commentary, they bow obedience to all acts consistent with the constitution, and only refuse it to such as, in their minds, militated against the first principles of the English Government, which they were determined to support, instead of being banded to overturn. But, in what manner, and to what extent, did they project a resistance to acts militating against their rights?' Did they meditate, by force, the destruction of Parliament which infringed them? Listen to the conclusion of this declaration, upon which so much has been said, and then tell me whether this body can, with common decency or justice, be charged as in a state of rebellion. " We will continue to assemble to consider the best means “ by which we can accomplish a real representation of the

people, and annual Parliaments, until compelled to desist " by superior force.” What is this but saying, that they will

, for an honest end, abide the penalties of an unjust law, rather than escape from them by its observance ?

Mr. Jusce

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tice Blackstone truly says, that there is nothing even immoral in such disobedience--for that, if there were-prohibitory and penal regulations would be snares to the conscience of the subject. The fact is, there never had been a law in England, nor was there any then in existence, to prohibit the measures they were engaged in. An act which had just been passed in Ireland had, for the first time, declared such proceedings to be a misdemeanor, though without an act we are now treating them as high treason; and the introduction of a similar bill into the English Parliament being the common report, they resolved not to sanction its unconstitutional principle, much less before the law existed, by a voluntary obedience, but to wait its regular enforcement by the magistrates.This is not only the obvious meaning of the resolution itself, but it is established beyond a doubt, by their subsequent conduct, as it appears by the letter of Margarot, the delegate of the Corresponding Society, who, giving an account of their dispersion by the magistrates, as I shall presently read it to you, expresses himself to this effect"If,” says he, “ we had “ desisted without the exertion of superior force, it would “ have been surrendering our rights, and the privileges of “ others; but, when called upon by superior force, i. e. by

the authority of the magistrate, the submission could not “ be considered as an acknowledgment of transgression on

our parts.”—The dissolution of this Parliament (as it is gravely styled) is described, by Margarot's letter, to have been effected thus :" Two messengers came again into our

room' with Gerald ; they left a summons to appear at ten 6 o'clock : with Margarot they left nothing but a request to

accompany Gerald to the office; yet, when arrived there, “ he found that a warrant was issued against him for the

purpose of detaining him a prisoner. On Thursday the “ whole Convention were equally ill used; the Provost

went, and after pulling Matthew Campbell Brown, of Shef“ field, out of the Chair, ordered the Convention to disperse, 6 and told them, he would allow no such meetings in future.

The next day, the Convention having agreed to meet at “ another place out of the jurisdiction of the Provost, we had « not long been assembled, before the Sheriff appeared “ amongst us, and having asked whether the meeting was “ the British Convention, and being answered in the affirmaStive, ordered us to depart. He asked who was President

-- upon which Margarot, having openly asked and obtained “ leave from the Convention, placed himself in the chair, and “ told the Sheriff he would not break up the meeting, unless

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terial, the very person who took his place while they were passing. Yet, nevertheless, they are brought forward against him, and insisted upon with the same arguments as if he had been their author. Gentlemen, this is intolerable.---The whole history of human injustice can produce nothing like it.— The principle seems to be, that all the libels written by any man in the world who at any time has supported are form in Parliament, whatever may be the subject of them, and however clashing with one another in design or opinion, may be drawn into the vortex, and pointed to convict of high treason Mr. John Horne Tooke. By reading these contradictory performances as the evidence of his designs, they make him one day à reformer of the House of Commons,-the next a rank republican,--the third well affected to our mixed constitution, and the fourth relapsing into a republican again.-In this manner, by reading just what they please, and insisting upon their own construction of what they read, the honourable gentleman is made to oscillate like a pendulum, from side to side, in the vibrations of opinion, without pursuing any fixed or rational course ; although I will show you that, of all men in the world, he has been the most uniform, firm, and inflexible in his political course.

The next paper which they read is hardly, I think, at all connected with the important subject of the trial, being a mere squib upon the present just and necessary war. It is a resolution of the Constitutional Society of the 24th of January, to which Mr. Tooke was privy, in which it was resolved—“ That an excellent address of the Corresponding

Society should be inserted in their books. And that the

King's speech to his Parliament be inserted under it, in o order that they may both be always ready, for the per" petual reference of the members of this Society during the “ continuance of the present unfortunate war--and that, in“ perpetuam rei memoriam, they may be printed in one “ sheet at the happy conclusion of it, which happy conclu" sion, according to the present prosperous appearances,

we hope and believe not to be many months distant."

Gentlemen, surely it is not treason to believe that which Ministers are daily holding forth-surely it is not treason to expect and believe upon the authority of Parliament, that the

, war we are engaged in will soon be brought to a prosperous issue. Would the people of this country have been so composed in a conjuncture, which for calamity has no parallel in the history of Great Britain, but for these constant declarations

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The crime, therefore, imputed to the Constitutional Soc ciety is only this,—that, addressed in this manner by the Corresponding Society so describing its objects, it assented to the appointment of a Committee of their Society, to meet a Committee appointed by the other, to consider of the proper steps to be taken for the accomplishment of the object so described.

This is the whole that can be charged upon this Society; for there is no evidence whatever, even of any of its members being acquainted with the design of considering of a Convention, until it came to them in the shape of a letter from Mr. Hardy, who has been acquitted; all the antecedent part being ABSOLUTELY AND ENTIRELY HIS OWN.

This

proposition, indeed, was so far from coming to the Constitutional Society as the members of a secret conspiracy, that it was made in the most public manner to other Societies, with whom they notoriously were not connected; it was made to the Society of the Friends of the people, of which I have the honour to be a member, whose principles and conduct have been spoken of with respect throughout these proceedings. When we received their proposal we were as well acquainted with all the antecedent proceedings of the Societies, as the evidence makes us acquainted with them now; and we still flatter ourselves that we were as capable of understanding the meaning of what was addressed to ourselves, as those who since then have assumed to themselves the office of decipherers ; yet, with all this knowledge, we returned an affectionate answer to these BLOODY CONSPIRATORS ;-we wrote to them, that we heartily concurred with them in the objects they had in view, but differed from them in the expediency and prudence of the means by which they had proposed to give them effect.--We, therefore, understood their object in the same light with the Constitutional Society, viz. the reform in the House of Commons only; and the difference between us is reduced to a difference in judgment, as to the means for producing an end which in common was approved.

Gentlemen, the Constitutional Society having agreed, as I have just now stated to you, to appoint some of their members to confer with others appointed by the Corresponding Society, upon the subject of the resolution of the 27th of March, understood by them as I have explained it to you, we are brought by the evidence to the consideration of that overt act upon the record which charges these Committees so appointed with the crime of high treason in these words. That with force and arms they did “ traitorously consent and agree, that Jeremiah Joyce, John “ Augustus Bonney, John Horne Tooke, Thomas Wardle, “ Matthew Moore, John Thelwall, John Baxter, Richard “ Hodgson, John Lovet, William Sharpe, and one John « Pearson, should confer and meet, and co-operate together, “ for and towards the calling and assembling such Conven« tion for the traitorous purposes aforesaid :" i.e. as it is agreed on all hands, for subverting the Government, and deposing and destroying the King. Here another dilemma inevitably encloses the Crown; because this charge of conferring together towards the calling a Convention which was to be held for these traitorous purposes, cannot possibly be urged against these eleven persons appointed to confer together concerning it, unless the major proposition can first be established, that such a traitorous Convention was originally in the contemplation of those who appointed them. For these eleven persons are not charged as having originated the Convention, but each Prisoner in his turn is charged with having consented and agreed that these persons should confer together upon the means to give effect to a treason already hatched and contemplated, which inevitably throws them back upon Mr. Hardy, who has been acquitted ; for how, in the name of common sense, can their guilt be consistent with his innocence? I say, this is a dilemma, because there is no road out of this absurdity but by running into another; since to confine the guilt to the Prisoners who co-operated together in exclusion of those who appointed them to do so ; it must be assumed that they were, bona fide, appointed to confer towards calling a meeting, which had for its real and honest object, a reform in Parliament: but that they were no sooner appointed, than without the consent of those who had deputed them, they confederated to change the purpose of the deputation, and conspired among their eleven selves to form a Parlia. ment for ruling by force of arms over this mighty kingdom.

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which verged towards disloyalty or rebellion, was to be imputed to him.

Gentlemen, the alarm which seized upon Government at this period, seems to have invested the most frivolous circumstances with mystery and design against the State, of which we have had a notable instance, in a letter written by Mr. Joyce to Mr. Tooke, on the day Hardy was arrested, which, being intercepted, was packed up into the green box there, and reserved as evidence of a plot. The leta ter runs thus" Hardy and Adams were taken up this

morning by a King's Messenger, and all their books and “ papers seized; and then following a long dash, “CAN

YOU BE READY BY THURSDAY?”—. This letter, Gentlemen, is another lesson of caution against vague suspicions ; the Red Book was not a list of persons to be saved, in opposition to the Black Book, of those to be sacrificed ; but Mr. Tooke having undertaken to collect, from the Court Calendar, a list of the titles, offices, and pensions bestowed by Mr. Pitt UPON MR. Pitt, HIS RELATIONS, FRIENDS, AND DEPENDANTS, and being too correct to come out with a work of that magnitude and extent, upon a short notice, had fixed no time for it, which induced Mr. Joyce, who was impatient for its publication, to ask if he could be ready with it by Thursday. Another curious circumstance, of similar importance, occurred about the same time, which I marvel has not appeared in evidence before you. I will tell you the story, which is so stamped with the wit which distinguishes my Client, that it will speak for itself without proof. A spy came one night into the Society to see what he could collect, when there happened to be present a Mr. Gay, a man of large fortune, and a great traveller (the gentleman I speak of is a member of the Friends of the People, introduced by my friend Mr. Tierney, now in my eye.) This Mr. Gay, in the course of his travels, had fuund a stone inscribed by Mr. Stuart, another great travelier, as the end of the world ; but resolving to push on farther, and to show his contempt of the bounded views of former discoveries, wrote upon it, “ This is the

' “ beginning of the world,”-treating it as the ground from which he meant to start upon his tour. The plan being introduced for consideration while Mr. Gay was present, Mr. Tooke said, “ Look ye, gentlemen, there, is a “ person in the room disposed to go to GREATER LENGTHS " than any of us would choose to follow him.”

This allusion to the intrepid traveller was picked up by the spy as evidence of the plot; and if I had the rummaging of the green boxes, I would undertake to find the information among

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your Lordships, and just providence for yourselves, for

your posterities, for the whole kingdom, to cast from you, “ into the fire, these bloody and mysterious volumes of arbi“ trary and constructive treasons, as the primitive Christians « did their books of curious arts, and betake yourselves to " the plain letter of the statute, which tells you where the “ crime is, and points out to you the path by which you may « avoid it.

“ Let us not, to our own destruction, awake those sleeping “ lions by rattling up a company of old records, which have “ lain for so many ages by the wall, forgotten and neglected. “ To all

my afflictions, add not this, my Lords, the most severe of any; that I, for my other sins, not for my treasons, “ be the means of introducing a precedent so pernicious to ☆ the laws and liberties of my native country.

“ However, these gentlemen at the Bar say they speak for • the commonwealth; and they believe so: yet, under fa

vour, it is I who, in this particular, speak for the common

wealth. Precedents, like those which are endeavoured to # be established against me, must draw along such inconveu niences and miseries, that, in a few years, the kingdom will * be in the condition expressed in a statute of Henry IV. “ and no man shall know by what rule to govern his words " and actions.”

Proud as I am of being a subject of this country, my duty compels me to remind you, that all this splendour of truth and eloquence was unavailing before an abandoned tribunal, which had superseded all the rules of law and the sober restraints of justice, and which could listen unmoved to even these concluding words; “ My Lords, I have troubled your " Lordships a great deal longer than I should have done. “ Were it not for the interest of these pledges, which a saint “ in heaven left me, I should be loath"_“Here," says the historian," he pointed to his children, and his weeping stop“ ped him”-And if I were to attempt to proceed farther in this melancholy page, my tears would stop me also.

But let us look to what followed from these proceedings : -they were condemned and reversed, and stand recorded as a beacon to future generations. The act recites, “ That the “ turbulent party seeing no hopes to effect their unjust de

signs by ordinary way or method of proceedings, did at last

resolve to attempt the destruction and attainder of the said " Earl, by an Act of Parliament to be therefore purposely u made to condemn him upon accumulative treason. None of " the pretended crimes being treason apart, and so could not be IN THE WHOLE, if they had been proved, as they were not. “ Therefore it is enacted, that all records and proceedings re“ lating to the said attainder be wholly cancelled, and taken “ off the file, to the intent that the same may not be visible in “ after-ages, or brought into example, to the prejudice of any

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* tion of liberty in France, and that it beholds, with peculiar, “ satisfaction, the sentiments of amity and good-will which

appear to pervade the people of that country towards this,

especially at a time when it is the manifest interest" (as God knows it is) “ of both states, that nothing should inter“ rupt the harmony between them, which is so essential to “ the freedom and happiness, not only of both nations, but of “all mankind.” Mr. Horne Tooke--and I do not think, after I have read this, that I shall be suffered to go on making any more remarks on this part of the subject, because it is a key of the whole-Mr. Horne Tooke begged that the Honourable Gentlemen, who was the mover, would add to his motion, some qualifying clause, to guard against misunderstanding and misrepresentation ;-that there was a very wide difference between England and France ; that the state-vessel of France had been not only tempest-beaten, and shattered, but absolutely bulged; whereas, in England, we had a noble, stately, and sound vessel, sailing prosperously upon the bosom of the ocean ; that it was true, after so long a course, she might, upon examination, appear somewhat foul at the bottom, and require some necessary repairs, but that her main timbers were all sound.«He therefore regretted, that there should be an addition to the motion, but that, if that addition was not macle, he should move it himself-accordingly, he did move in public, “ that this meeting feel equal satisfaction, “ that the people of England, by the virtuous exertions of " their ancestors, have not so hard a task to perform as the “ French are engaged in, but have only to maintain and im“ prove the constitution which their ancestors have transmit“ted to them."-When Mr. Tooke moved this amendment, he did it in THE FACE OF THE WHOLE COUNTRY, and published, of course, to all mankind, thosc opinions, which I will prove to have been uniformly his-if indeed it is necessary to prove them, when the Attorney General has been so liberally wasting his strength in proving them, for the last three days. Mr. Tooke, when he proposed this motion, was acting upon the ordinary principle of his life, which, for his own satisiaction, rather than for yours, I shall prove from year to year.--I will take him up in the year 1780, and bring him down to the very time when he comes to your bar, and show that he has ever been steadfast in favour of the pure, uncorrupted constitution of Great Britain, but a mortal enemy to its abuses.

This disposition is so far from being dangerous to public tranquillity, that it is its surest and its best support. Would you prevent the infection of French government from reach

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“ My Lord, my expectations are greatly raised, instead of

being depressed, by the objections which were urged against « Mr. Pitt's motion.

“One gentleman says, “He cannot see any good purpose “ the motion would answer : for it would not assist Govern“ ment with a ship, a man, or a guinea, towards carrying on “ the war with vigour, or towards establishing that much“ wished-for object, peace.'

“My Lord, I hope the measure will be made to produce " to Government both ships, and men, and guineas. For they “ would be very poor politicians, indeed, who could not in

one measure comprehend many purposes: and still poorer, " who should miss the present opportunity of obtaining, by " this one measure of reform, every desirable object of the

“ Another gentleman apprehends that ' nothing less than “ giving every man in the kingdom a vote would give univers6 sal satisfaction.'

" My Lord, I trust that there are very few persons in the * kingdom who desire so improper and impracticable a men

But, if there were many, the wisdom of Purliament « would correct their plan, and the corrected would be well pleased at the correction.

My Lord, I shall not waste a word to show the necessity “ of a reform in the representation of this country. I shall " only consider the mode of reform ; and endeavour to show " that it is not difficult to embrace every interest in the state, “ and to satisfy well-meaning men of every description. To " this end I am compelled first to remove the prejudices, " and, indeed, just objections, which some persons entertain

to all the modes of reform which have hitherto been recom56 mended.

“ My virtuous and inestimable friend, Major Cartwright, " is a zealous and an able advocate for equal and univer“sal representation ; that is, for an equal and universal share “ of every man in the government. My Lord, I conceive - his argument to be this : Every man has an equal right to " freedom and security. No man can be free who has not a “ voice in the framing of those laws by which he is to be

governed. He who is not represented has not this voice; " therefore, every man has an equal right to representation,

or to a share in the government. His final conclusion is, " that every man has a right to an equal share in represeni tation.

“ Now, my Lord, I conceive the error to lie chiefly in the

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THE Information was opened by Mr. Abbott, and is as follows:

Kent, to wit. Be it remembered, that Sir John Scott, Knight, Attorney General of our present Sovereign Lord the King, who for our said Lord the King in this behalf prosecuteth, in his proper person cometh here into the Court of our said Lord the King, before the King himself at Westminster, on Wednesday next after three weeks of the Holy Trinity in this same term; and for our said Lord the King giveth the Court here to understand and be informed, that heretofore, to wit, on Monday the twenty-first day of May, in the thirty-eighth year of the reign of our Sovereign Lord George the Third, now King of Great Britain, and so forth, a special session of oyer and terminer and gaol delivery was holden by adjournment in and for the county of Kent, at Maidstone, in the said county, before Sir Francis Buller, Baronet, one of the Justices of our said Lord the King, of his Court of Common Pleas, John Heath, Esquire, one other of the Justices of our said Lord the King of his Court of Common Pleas, Sir Souldon Lawrence, Knight, one of the Justices of our said Lord 'the King assigned to hold pleas before the King himself, Samuel Shepherd, Esquire, one of the Serjeants of our said Lord the King learned in the law, and others their fellows, Justices and Commissioners of our said Lord the King, assigned by letters patent of our said Lord the King under the great seal of Great Britain, to inquire, by the oath of good and lawful men of the said county of Kent, of all high treasons, and misprisions of high treason, other than such as a relate to the coin of our said Lord the King, within the county aforesaid done, committed, or perpetrated ; and, the said treasons, and misprisions of treason, according to

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the record and proceedings thereof more fully appears.-And the said Attorney General for our said Lord the King further giveth the Court here to understand and be informed, that the Right Honourable Sackville, Earl of_Thanet, late of Maidstone, in the county of Kent; Robert Fergusson, late of the same place, Barrister at law; Thomas Gunter Browne, late of the same place, Esquire ; Dennis O'Brien, late of the same place, Esquire; and Thomas Thompson, late of the same place, Esquire ; well knowing the premises aforesaid, but unlawfully and maliciously devising and intending to impede the course of public justice, and to break the peace of our said Lord the King, and to interrupt and disturb the Justices and Commissioners of our said Lord the King above named, and others their fellows aforesaid, in the execution of their said office, and to prevent and hinder the due and peaceable holding of the same session, did, together with divers other riotous and ill-disposed persons, whose names are to the said Attorney General as yet unknown, in open Court, at the same session so then and there holden, anıl at which the said trial was so had as aforesaid, to wit, at Maidstone aforesaid, in the presence of the Justices and Commissioners of our said Lord the King above named, and others their fellows aforesaid, and before any order or direction had been made or given by the same Justices and Commissioners above named, and others their fellows aforesaid, or any or either of them, for the discharge of the said Arthur O'Connor from the cusiody of the said Sheriff, and before the said Arthur O'Connor was discharged from the custody of the said Sheriff, to wit, on the twenty-first day of May, in the thirty-eighth year aforesaid, at Maidstone aforesaid in the county of Kent, with force and arms make and cause to be made a very great riot, rout, tumult, and disturbance, and with force and arms riotously, routously, and tumultuously attempt and endeavour to rescue the said Arthur O'Connor from and out of the custody of the said Sheriff, so that he the said Arthur O'Connor might go at large whithersoever he would, and also aid and assist the said Arthur O'Connor in an attempt by him then and there made to rescue himself, and escape and go at large from and out of the custody of the said Sheriff; and the better to effect such rescue and escape, did then and there at the same session so holden, and at which the said trial was so had as aforesaid, to wit, on the twenty-first day of May, in the thirty-eighth year aforesaid, at Maidstone aforesaid, in the open Court aforesaid, and in the presence aforesaid, with force and arms, and with sticks, staves, and fists, unlawfully, riotously, routqusly, and tumultuously make an assault in and upon one John Rivett, one Edward Fugion, and one Thomas Adams, in the peace of God and of our said Lord the King then and there being, and them the said John Riv. ett, Edward Fugion, and Thomas Adams, did then and there beat, bruise, wound, and ill-treat, and thereby then and there, with force and arms, did unlawfully, riotously, routously, and tumultuously impede and obstruct the Justices and Commissioners of our Lord the King above named, and others their fellows aforesaid, in the due and lawful holding of the same session, and the execution of their office, for a long space of time, to wit, the space of one hour, to the damage of the said John Rivett, Edward Fugion, and Thomas Adams; to the great contempt, disturbance, and interruption of the Justices and Commissioners above named, and ochers their fellows aforesaid, to the great terror of all the liege and peaceable subjects of our said Lord the King there being, in contempt of our said Lord the King and his laws, to the evil example of all others in the like case of. fending, and against the peace of our said Lord the King, his crown and dignity.

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said Attorney General as yet unknown, in open Court, at and during the continuance of the said last-mentioned session, and in the presence of the Justices and Commissioners last abovenamed, and others their fellows aforesaid, to wit, on the twenty-first day of May, in the thirty-eighth year aforesaid, at Maidstone aforesaid, in the said county of Kent, unlawfully, riotously, routously, and tumultuously assemble and gather themselves together to break the peace of our said Lord the King, and to prevent and hinder the due and peaceable holding of the said last-mentioned session; and being so assembled and gathered together, did then and there, with force and 'arms, at the said last-mentioned session, in the open Court last aforesaid, and in the presence last aforesaid, unlawfully, riotously, routously, and tumultuously make and raise, and cause and procure to be made and raised, another very great noise, rout, tumult, riot, and disturbance, and thereby for a long space of time, to wit, the space of half an hour, interrupt, disturb, and obstruct the Justices and Commissioners last abovenamed, and others their fellows last aforesaid, in the lawful and peaceable holding of the said last-mentioned session, to the great hindrance of public justice, to the contempt and interruption of the Justices and Commissioners last above-named, and others their fellows aforesaid, to the manifest disturbance and violation of the peace of our sajd Lord the King, to the great terror of all the liege and peaceable subjects of our said Lord the King there being, in contempt of our said Lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.

And the said Attorney General of our said Lord the King, for our said Lord the King, further giveth the Court here to understand and be informed, that the said Sackville, Earl of Thanet, Robert Fergusson, Thomas Gunter Browne, Dennis O'Brien, and Thomas Thompson, unlawfully and maliciously devising and intending to break the peace of our said Lorii the King, did, together with divers other ill-disposed persons, whose names are to the said Attorney General as yet unknown, on the twenty-first day of May, in the thirty-eighth year aforesaid, at Maidstone aforesaid, in the county of Kent, unlawfully, riotously, rout usly, and tumultuously assemble and gather themselves together to break the peace of our said Lord the King; and being so assembled and gathered together, did then and there, with furce and arms, unlawfully, riotously, routously, and tumultuously make and raise, and cause and procure to be made and raised, another very great noise, rout, tumult, riot, and disturbance, to the manifest disturbance and violation of the peace of our said Lord the King, to the great terror of all the liege and peaceable subjects of our said Lord the King there inhabiting and being, in contempt of our said Lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.

Page 15

that if that evidence had been heard by the witnesses for the Defendants, which had been given by the witnesses for the prosecution, the evidence that was given for the Defendants could have been given ; and this is material in this point of view, because, with respect to the Noble Lord who is one of the Defendants upon this record, and with respect to some other Defendants upon this record, although they had not heard the evidence in the course in which it was offered to the attention of the Jury, yet, before the circumstances happened which are charged in this Information as circumstances of criminal guilt, no one of the Defendants, as far as I know, I mean, could have been ignorant of the circumstances actually proved with respect to Mr. O'Connor, as that evidence applied to his relation to England, or his relation to Ireland; and I will state presently the use I mean to make of that circumstance. Gentlemen, in the course of the afternoon which preceded the conclusion of the trial, I have reason to believe that Lord Thanet, and the other persons upon this record, very studiously and anxiously placed themselves in that part of the Court in which they could act with effect with respect to the rescue of Mr. O'Connor.

Gentlemen, with respect to one of the Defendants, whom, as a gentleman in the profession to which I belong, I certainly prosecute with all the regret that can belong to that circumstance, but which, at the same time, must not supersede the obligations I owe to the public

that gentleman had been in Court during the whole of the trial : he had been Counsel for some or one of the Prisoners; and he was placed, in consequence of the duty he had to discharge, in a situation in which, if he chose so to exert himself, he certainly could be useful in this attempt to rescue Mr. O'Connor. With respect to the Noble Lord, I need not, I am sure, in this place, state to you, that he holds in this country the character of an hereditary member of the constitution ; and with respect to the last gentleman whom I mentioned, Mr. Fergusson, I take leave to say, besides the general duty he owed to the public in a matter of this nature, there was another very high duty imposed upon him, which I hope and trust Gentlemen who sit behind me will never forget--that that gentleman, as a barrister, owed a duty to the Court--that it is their bounden duty, that it is a very sacred duty of theirs, instead of interrupting the course of justice, to assist it in every fair, honourable, and effectual way.

Gentlemen, a verdict of Not Guilty was given in the case of Mr. O'Connor; and here I am very ready to admit this, that if I could have persuaded myself that the circumstances which then took place, namely, that Mr. O'Connor, in consequence of that verdict, misconceiving that he was discharged, and acting under that impulse, had intended merely to mix himself with the rest of the Court, and that those who had been charged with the care of his interests, or those who thought well of him, had acted upon the impulse of the feelings of that moment, which might certainly have been such as to have misled men who, upon better consideration, would not have so acted, it would have become me to have hesitated before I determined, consistently with an attention to the public safety and to the public interests, to have instituted this prosecution.

Page 16

made any observation upon any of these persons, or their conduct?

A. After the Jury had given their verdict, and indeed, I think, at the time the Jury gave their verdict, my Lord Thanet was standing before the Bar at which the Prisoners stood, with his back to the Prisoners, and his face, of course, towards the Court. I am not quite sure whether my Lord Thanet was on the bench at which the Solicitors for the Pri. soners stood, or whether there was any space between the bench and the Bar; that I could not sufficiently observe.

Mr. Garrow. It may not be improper here to state (and we shall certainly prove it,) that there was no such space-I believe every body knows that the bench to which the Learned Serjeant alludes, was made for the accommodation of the solicitors, and was, as this may be, supposing this to be the Bar-(describing it.)

Mr Serjeant Shepherd. My Lord Thanet stood with his face towards the Court, and his back to the Prisoners ; he was rather to the right hand of O'Connor; I don't mean upon a line with O'Connor, of course, but rather to his right hand.

Q. May I interrupt you to ask, whether the righthand side was the side upon which the Jailor was placed ?

A. I am not quite sure whether it was the side on which the Jailor was placed ; it was the side on which O'Coigly, the convicted prisoner, stood; and it was the side on which the Bow Street Officers afterwards endeayoured to advance.

Mr. Erskine. The side nearest to the great street of Maidstone.

Mr. Garrow. Certainly so, which is the side on which we all know the Jailor is placed.

Q. You recollect the Jailor has a box on that side next the great street ?

A. I recollect he has, and therefore, it was certainly on that side on which the Jailor was placed. Mr. O'Brien stood, or sat, at that time, I don't exactly recollect which-but Mr. O'Brien was on the same line with Lord Thanet, but rather to the left hand of Mr. O'Connor. Whether there was any person between my Lord Thanet and Mr. O'Brien, I do not recollect.

Q. When I interrupted you, you was about to state something of the Bow Street Officers advancing.

I think something had been said before the Jury brought in their verdict. When there was an expectation that they were coming, something had been said about the Bow Street Officers being there. There was a sort of noise or buzz in Court ; and somebody said, I don't know who, that the Bow Street Officers were making a noise. In consequence of that it was that I observed one of the officers, I think Rivett-it was either Fugion or Rivett; I am not quite sure that I recollect the person of one from the other

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lost sight of Lord Thanet, and of the particular individuals, a person had got upon the table, which drew off my attention from what was going on at the Bar, and had drawn a sabre which was lying there.

Q. That was part of the baggage of Mr. O'Connor, which had been produced upon the trial ?

A. It was. He drew that sabre, and placed himself between the Judges and the part

of the Court where the confusion was, obviously to prevent any persons from advancing towards the Judges—if I may use the phrase, to defend the Judges. I did not at that time see the face of the

person who had it; and, therefore, I had some apprehension it might be in the hands of some imprudent man, who might do mischief; if I had known who it was, I should have known that he had discretion enough not to misuse it.

Q. It was Mr. Stafford, the witness-was it not?

A. Yes. I said to him, not seeing his face, “ Don't 66 strike.” When I saw who it was, I was satisfied. After the riot had ceased, a number of persons got upon the table towards the Judges—some to ask questions upon the subject of the legality of this warrant; and others, whether the Prigoners were not entitled to their discharge ; and others, cer. tainly, to allay the fervour that seemed to be at that time ope. rating upon the minds of many persons who were in Courito restore order, in fact; I should, perhaps, use that phrase. The particular conversations and expressions that were used by any of those persons upon the table, I cannot pledge my . self to recollect.

Q. I will take the liberty of asking you, I believe you was at a distance from the Learned Judge, Mr. Justice Lawrence ?

A. I was. Mr. Justice Heath and Mr. Justice Buller both sat between me and Mr. Justice Lawrence.

Q. Therefore, I would ask you, whether you had an opportunity of hearing any particular conversation addressed to the Learned Judge who is now present?

A. No. I think I remember Mr. Sheridan, speaking to Mr. Justice Buller, or Mr. Justice Heath, or both; and I remember Lord Thanet being upon the table after Mr. O'Connor was brought back, apparently to me conversing with the Learned Judge, Mr. Justice Lawrence.

Q. What he said, you did not hear?

A. I did not ; for at that time there was a great deal of noise in the Court.

Q. Was it after that, that you observed Mr. Sheridan talking with the Learned Judge ?

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upon which I answered, I might very possibly make use of the word acquitted ; but, if I did, it was a mistake ; I meant discharged.

Mr. Garrow. Will your Lordship mention who it was that said that?

A. I think it was Mr. Fergusson ; he said, " My Lord,

you are mistaken ; you saj, He is not acquitted?-he “ is acquitted.” I think it was Mr. Fergusson. I have no doubt myself, as Mr. Fergusson mentioned it, but that I did make use of the word acquitted, in the hurry; I have no doubt of it ; it was not my intention to say he was not acquitted, but that he was not discharged; I meant to make use of the word that I heard Mr. Justice Buller make use of from the Bench.

Mr. Wood. Does your Lordship recollect whether the Court said any thing, before that, about his not being discharged?

A. Yes; and I meant to make use of the word discharged, because I had heard Mr. Justice Buller use the word discharged.

Q. Publicly in Court ?

A. Yes : I had no private communication with Mr. Justice Buller at all, because Mr. Justice Lawrence sat between us.

Q. Did your Lordship notice any particular persons that were acting in the riot ?

A. Really I felt myself so engaged in a thing of this sort, and I should have been so much hurt if, in the confusion, any disgrace had been brought upon a Court of Judicature generally, and for myself in my situation in the county of Kent in particular, that I did not take such notice of the circumstances that were taking place, as I did to take care, with others, to prevent a rescue, which I should have considered an indelible disgrace and stain upon our county. I certainly could not say who it was in the passage that was struck by the Bow Street Officers; for when I looked to that part, the confusion was very great, and the blows very frequent in that part.

Q. Did your Lordship hear any conversation between Lord Thanet and Mr. Justice Lawrence, after Mr. O'Connor was secured ?

A. It is really a very considerable time since the riot; and, at the same time, as many different things were going on at that moment, I cannot positively swear; and therefore, unless I was perfectly convinced, it can be of no consequence.

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John Rivett sworn.--Examined by Mr. GARROW.

Q. Did you attend at Maidstone as a witness upon the trial of O'Connor and others?

A. I did. Q. Was any application made to you by one of His Majesty's messengers to assist in apprehending Mr. O'Connor if he should be acquitted by the Jury?

A. Yes, there was.

Q. Did you, in consequence of that, go into the Court with a view to give that assistance ?

A. Yes, I did. Q. Who went with you? A. Fugion, my brother-officer. Q. He was another officer of the police ?

A. Yes, and the messenger; we all three went into the Court together.

Q. Is Fugion since dead? A. He is.

Q. After you had gone into Court, do you remember see- ing a gentleman of the name of Thompson ? A. I was informed that was the gentleman's name. Q. Should you know him now if you were to see him ?

A. I think I should: I have never seen him since I was very near the Bar where the Prisoners stood.

R. At which end of the Bar was you? was you on the side the farthest from Mr. O'Connor, or the nearest ?

A. Nearest to the Jailor, which was the right-hand side of the Bar.

Q. While you was in this position had you any conversation with a gentleman you understood to be Mr. Thompson?

A. Yes. Q. State it to the Court.

A. The gentleman whom I understood to be Mr. Thompson, a Member of Parliament, asked me, " What I did there is I made him little or no answer. He then said, " What bu“siness have you here?” or words to that effect; “ have you “ got any thing against Mr. O'Connor ?” meaning, as I supposed, a warrant; I did not know what his meaning was; I replied, “ No."

“ No.” I believe he asked Fugion likewise, to the best of my recollection.

Q. You and Fugion had been both examined as witnesses upon the circumstance of the apprehension of Mr. O'Connor ;

A. We had.

Q. And, to the best of your recollection, Mr. Thompson put the same inquiry to Fugion?

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Q. But the apprehension that you had, that you might be disappointed in the execution of your warrant, made you go on with considerable rapidity ?

A. I went swifter than I should have done if I had not been molested, no doubt.

Q. The line that you was going in that time, was a place not very unlike where I am standing now, immediately before the Prisoners ?

A. Yes.

Q. That is to say, a place like that I am now standing in, divided by something like this from the place where the Counsel sat ?

A. Just so.

Q. You say that you jumped forward as well as you was able, and was endeavouring to pursue Mr. O'Connor, when Mr. Fergusson jumped upon the table, and with a stick flourished in this way, to stop you?

A. Yes. Q. That was the first obstruction you met with? A. No. I was pulled by the leg.

Q. But, except that pulling by the leg, after you pursued your progress through the Solicitor's box, the first inter. ruption you met with, was by Mr. Fergusson jumping upon the table ?

A. No. I had been pushed down before that. Q. Had you struck any body before that? A. No. Q. Had you shoved or pushed any body? A. I cannot tell that; in the confusion I might. Q. You had not seen Lord Thanet till after this had

passed with Mr. Fergusson ?

A. To my knowledge, I had not. Q. Lord 'Thanet is a very strong, big man? A. Yes, he is so.

Q. Then you had not seen Lord Thanet till after you had been with Mr. Fergusson, at this time upon the table ? ?

A. No, I had not. Q. And you had shoved against several others ? A. I probably might, in the endeavour to get forward.

Q. I would ask you, how you came to leave the line of the Solicitors' box, as you was advancing towards Mr. O'Connor to go up where Mr. Fergusson stood ?

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Q. Was the person you took to be Lord Thanet upon a bench by where the table stood ?

A. I cannot say. Q. Had he a stick?

A. He had no stick, that I recollect.

Q. Then Lord Thanet having no stick, what assault did he make upon you?

A. With his fist, in this way, shoved me down as I was going forward-he shoved me back.

Q. And then you struck him?

A. Yes; as soon as I recovered myself, I struck him two or three blows.

Q. With what? A. The stick that I took from Mr. Fergusson.

Q. My Lord Thanet had no means of parrying that blow? -A. No; he did not attempt to strike me afterwards.

Q. Where was he at the time you struck him two or three times ?

A. When I hit him the first time, he fell upon his side, Q. Did you strike him after that?

A. Yes.

Q. Mr. Fergusson was gone away? A. Yes.

Q. Mr. Fergusson did nothing to endeavour to extricate Lord Thanet from you ?

A. No. Q. Did you strike any body else but Lord Thanet? A. I do not know that I did; I might by accident.

Q. If you struck any body else besides Lord Thanet, it was by accident ?

A. Yes.

Q. Did you see either Fugion, Adams, or Wagstaffe, who were there, strike any body?

A. No, I did not.

Mr. Garrow. Do you remember seeing Fugion strike any body?

A. No.

Q. You said you was not before acquainted with the person of Mr. Thompson ?

A. No. Q. Should you know him again now? A. I should think that little gentleman is him.

Mr. Gibbs. This gentleman ? (putting his finger on Mr. Thompson.)

Page 22

John STAFFORD called again.--Examined by Mr.

LAW.

Q. I will not examine you to the preliminary circumstarices which have been proved by several witnesses. Confine yourself now to the time that Mr. O'Connor was endeavouring to get over the Bar. At that period of time, did you see any of the Defendants, and particularly Mr. Fergusson or Lord Thanet, do, or endeavour to do, any thing ?

A. At the instant that Mr. O'Connor leaped over the Bar, I saw my Lord Thanet and Mr. Fergusson: I had been paying particular attention to Mr. Justice Buller in passing sentence; and the moment that he was done, I turned my eyes round to the Bar, and saw Mr. O'Connor in the act of getting over; he had his left hand upon the Bar, and his right hand extended : my Lord Thanet stood next to him, to the right of him; Mr. Fergusson, at that instant, was in front of him, with his back to me, facing Mr. O'Connor.

Mr. Erskine. Where did you sit at this time ?

A. Supposing this to be the Court at Maidstone, I sat directly under the Jury.

Mr. Law. You sat so that you could observe the whole of the transaction ?

A. Clearly ; but the whole of the transaction was of that sudden nature, that I was rising part of the time ; I rose, and seized one of the sabres which lay upon the table, and which was a part of Mr. O'Connor's baggage.

Q. Did you see Lord Thanet or Mr. Fergusson do any thing in aid of Mr. O'Connor in the act of escaping?

A. When Mr. O'Connor extended his arm, he either laid it upon Lord Thanet's shoulder, or Mr. Fergusson's arm; Lord Thanet being between me and Mr. Fergusson, I could not distinguish on which of them he put his hand.

Did you see any obstruction given by them to any persons in passing from one part of the Court to the other?

A. I did not observe Lord Thanet make any obstruction; Mr. Fergusson had his back turned to that side of the Court from whence the officers were endeavouring to approach to the Bar.

Q. With his back towards the great street of Maidstone ?

A. Yes. At the instant I am now speaking of, I was upon the table.

Q. Did you see any thing in particular done by Mr. Fer

Page 23

Lord Thanet sat opposite Mr. Justice Buller; the Attornies' Bench was between the Prisoner and Lord Thanet. Q. Did

you, at

any time after that, see Lord Thapet move from that place, Mr. Dallas's seat, to any other ?

A. He went over the back of the seat, and went into the Attornies' place.

Q. To that seat which was immediately under the Bar ?

A. Exactly; I do not know whether it was the first or second seat; there are two seats, one seat is directly against the wood, and then there is the thickness of a man : I do not know which of them he was upon.

Q. When the Jury returned, and had given their verdict, what observations did you make respecting either Lord Thanet, Mr. Fergusson, Mr. O'Brien, Mr. Thompson, or Mr. Browne ?

Q. When they had returned a verdict of Guilty against O’Coigly, I observed Mr. O'Connor put his left leg over the Bar of the dock, I believe they call it, leaning upon his left hand; Lord Thanet rose up, and Mr. O'Connor's hand was within this distance (six or seven inches) of Lord Thanet's left shoulder-it was below his head; I did not see it touch his shoulder, because Mr. Fergusson rose up, and was exactly between Lord Thanet and myself.

Mr. Erskine. Where did you sit ? A. I sat as Marshal under the Jury box.

Mr. Gurrow. Be so good as describe that rising of Mr. Fergusson's ?

A. They ran off all together—they followed Mr. O'Connor, as it appeared to me- bent myself as far as I could to see, when so many people came jumping from the Witness-box, that I was almost overpowered.

Q. The Witness-box was opposite the Jury-box.

A. Yes; and they all went off to the left hand, behind the Cryer's box.

Lord Kenyon. Do you mean that they all ran off together?

A. Mr. Fergusson and the rest of them went off towards the narrow street of Maidstone.

Mr. Garrow. There you lost sight of them, on account of the number of persons that came to intercept your view ?

A. I was sitting here, and they all went there. Q. Did you see any thing more of the conduct of Lord Thanet ?

A. I saw no more of them after that ; I saw a gentleman, that was almost bald, come and complain that he had re

Page 24

A. Yes ; I heard some person say, “ Put out the lights.”

-OMROD sworn-Examined by Mr. Adam.

Q. I have but one question to ask of you-Did you see any body, at the time of the pronouncing of the verdict at Maidstone, in the case of O'Coigly and O'Connor, lay hold of Rivett, or any of the officers

A. Yes; Rivett, Fugion, Wagstaffe, and I, were standing together; they wanted to cross the Court where Mr. O'Connor was.

Q. What was done to Rivett?

A. Two gentlemen in black got up and opposed him very much : I said to one of them, “ You must not obstruct this

man ; he is an officer of justice.”

ROBERT PARKER sworn. Examined by Mr. GARROW.

Q. Was you in Court at Maidstone when the Jury returned into Court with their verdict, in the case of O'Connor and others?

A. Yes. Q. Were you near the Under-sheriff? A. I was very near-behind him.

Q. Nearest the great street of Maidstone, and far from O'Connor?

A. Yes.

Q. Did you see any thing happen upon that verdict being brought in ?

A. Upon the verdict being brought in he put his leg over the Bar, feeling himself discharged, as he afterwards explained; a Bow Street Officer then stepped up and said, “ There

was a warrant to detain him;" Mr. O'Connor then put his leg back again, and said, “He thought he was discharged;" and one of the Judges said, “ He was not to be discharged,” or something of that sort; and he was quiet till sentence was over.

Q. Did you see Lord Thanet ?

A. Yes; I saw him on a seat at the front of the Bar; I am perfectly sure I saw Lord Thanet.

Q. After sentence had passed did you see the Bow Street Officers make any attempt to pass the Bar where Mr. O'Connor stood ?

A. Mr. O'Connor jumped over the Bar, and then the Bow Street Officers both advanced in order to stop Mr. O'Connor; the Jailor called out, “ My Lord, am I to let him go?" or something to that effect, and there was a contention, several persons were assisting Mr. O'Connor to get out at the opposite door, and the Bow Street Officers were attempting to stop him.

Page 25

ture is stronger than all the evidence in the world to convince every man of his disposition to escape from it ; and . I admit further, that a most honourable person, who gave his evidence with a candour which reflects high honour on his character, has added a circumstance, which, though it could not be strictly received as proof, may be true, for any thing that touches the merits of the case, viz. that there had been a communication to the Court that there were disaffected persons disposed to rescue the Prisoner.

Having admitted these facts, I, in my turn, have a right to bring to your recollection, that it is an indisputable fact, resting upon the whole of the Crown's evidence, that the officers, strongly impressed with this idea, rushed suddenly and impetuously forward, on Mr. O'Connor's stepping over the Bar when the verdict of Not Guilty was delivered : and indeed Rivett, upon his cross examination, distinctly admitted, that owing to the apprehension of a rescue, he rushed into Court with more precipitation than under other circumstances he could have justified ; and that a great bustle and confusion existed before he approached any of the Defendants, or even saw their persons. This admitted origin of the disturbance removes all difficulties from the considera. tion of the cause ; and Mr. Justice Heath declared, that there was a scene of confusion and violence in Court, such as he had never seen, nor could possibly have expected to see, in a Court of Justice. The single question, therefore, is, what share the Defendants had in it? Did the disturbance arise from any original acts of theirs ? or were they, on the contrary, first pressed upon by the officers and their assistants, who, though they might be engaged in what they mistakenly supposed to be their duty, from an expectation of resistance, necessarily created confusion by their forcible entry into a crowded Court? Were the Defendants engaged in any conspiracy or combination to deliver Mr. O'Connor? That is the great, or rather the only question ; because, if this does not appear from the evidence, all their acts, even if they were ultimately to remain as they appear at present, are perfectly consistent with the conduct of gentlemen suddenly and rudely trampled upon in a tumult, though without, perhaps, being the particular objects of violence by those who created it.

The natural course of considering which of these propositions ought to be adopted by reasonable men, is to set out with tracing a motive. There can be no offence without some corresponding inducement to commit it. It is not alleged that these gentlemen ignorantly or wantonly insulted the

Page 26

ing with the misconduct which is imputed, when it is but common justice to the Attorney General to admit that he did not even attempt to insinuate any thing of the sort ? Yet my Noble Friend remains as a criminal before you, charged with the violation of that which is the most sacred in civil society, branded with the resistance of authorities the most dignified and important, in order that a person supposed to be an object of high suspicion by the government of the country, might be left at liberty to perpetrate the treasons which the Duke of Portland's warrant had for its object to defeat-treasons which, if successfully perpetrated, were, in their most direct and obvious consequences, to strip the Noble Earl of all the splendid inheritance of rank and property descended to him from his ancestors through so many generations. Mr. Fergusson will forgive me if I say, that the principal property which he can die possessed of, must be the fruits of a profession which the same treasons were pointed to destroy ; yet he, too, must be believed, without a shadow of evidence, or even the suggestion of his accusers, to have engaged in the desperate effort of affording shelter and opportunity for treasons which were to dissolve the Courts in which he practises, to destroy that system of law which he has been bred to understand, and to set up, instead of it, a new order of things, by which he must descend from the eminence conferred by education and experience, and mix in the common ranks with ignorant and undisciplined competitors.

But, it seems, they were not indifferent to the deliverance of Mr. O'Connor ; for, upon his acquittal, they hastened to the Bar, and congratulated him on the verdict. They certainly did so, in common with many others; and although the impulse of personal kindness which directed them was honourable, it may be set down, not so much to the individuals, as to the characteristic benevolence of Englishmen. The characteristics of nations depend more upon their histories and their governments, than upon the temperaments of men arising from natural causes. The English constitution was always, in theory, a constitution of freedom; but it only became so in practice by the numerous and finally successful struggles of our free and virtuous ancestors against oppressive abuses of authority. Many eminent persons to whom this country is indebted for her liberties, having stood upon their trials, and having obtained deliverances from the tribunals of justice, has gradually produced a general sympathy in the minds of Englishmen, when men are standing for life or for death before their country. This is an almost universal, and peculiarly characteristic feature of the inhabit. ants of Great Britain. It is not confined to the vulgar, as an ignorant and even an immoral prejudice, but pervades all the classes of society. It is compounded of a principle of humanity, of a spirit of national pride and dignity in the freedom of our institutions, and of a sense of security derived from them, No reasoning, therefore, can be more false, than that, when men are accused, and even upon pregnant vidence, of conspiracies against the government, they who seem to feel an interest in their deliverance are alienated in their affections to the State. Englishmen of all descriptions receive their sense of innocence from their country's verdict; and they feel a sort of satisfaction which, I verily believe, exists in no other country. Irreligion and false liberty have been seen to delight in blood,--to rejoice in revengeful sacrifices,--to think it music to hear the agonizing groans of expiring sufferers, and a spectacle of triumph to gaze upon their mutiated bodies; but the sense of liberty in a country long humanized by the influence of a free government, shrinks back even from the consequences of the justest prosecutions, --looks with an eye of tenderness upon the accused even before the conscience is convinced of innocence, and feels an invincible impulse of pleasure in the legal deliverance from guilt. Long, long, may this remain the characteristic feature of our country! When Mr. O'Connor, therefore, was pronounced not guilty, was it any proof of a conspiracy to rescue him from other charges, that he was congratulated on his deliverance, which he was not only entitled to by the verdict of the Jury, but which the evidence on the trial, and the Judges' remarks on it, had previously and distinctly anticipated ? The question, therefore, again recurs-Were the Defendants the active authors of the rescue, for the purpose charged in the Indictment? The MOTIVE is gone already-not only as wholly unascribable from the total absence of evidence, but because my Learned Friend who laid the case before you was too much a man of honour (as I have already done him the justice to acknowledge) to ascribe, or even to insinuate, a motive which he knew did not exist, and which he had neither evidence nor reasonable presumption to support.