STORAGE
{
A 541117
ARTES
SCIENTIA
LIBRARY
VERITAS
OF THE
UNIVERSITY OF MICHIGAN
PLURIOUS UNUM
TUEBOR
SI QUERIS-PENINSULAM-AMⱭENAM”
CIRCUMSPICE
DF
THE
TRIA L
O/F
JOHN HORNE TOOKE,
ON A CHARGE OF
HIGH
TREASON.
CONTAINING
THE WHOLE OF THE PROCEEDINGS OF EACH DAY
AT THE
OLD - BAILE Y,
INCLUDING THE EXAMINATIONS OF
LORD CAMDEN,
DUKE OF RICHMOND,
LORD FRED. CAMPBELL,
EARL STANHOPE,
MR. PITT, MR. FOX,
BISHOP OF GLOUCESTER,
MAJOR CARTWRIGHT,
MR. SHERIDAN, &c. &c.
WITH
CHIEF JUSTICE EYRE's CHARGE,
AND
MR. TOOKE'S ADDRESS TO THE JURY.
TAKEN IN SHORT-HAND AT THE OLD BAILEY.
LONDON:
PRINTED FOR ALLEN AND WEST, No. 15, PATER-
NOSTER-ROW.
PRICE TWO SHILLINGS.
1794.
Ref- atho
1-28-41
48779
THE
TRIAL
до
KE.
JOHN HORNE TOOK E.
THE
FIRST DAY
MONDAY, NOVEMBER 17.
HE Court fat at eight o'clock in the morning, when
all the Judges named in the Special Commiffion were
prefent, except Mr. Juftice Buller.
Mr. Tooke being put to the bar, Mr. Shelton, Clerk of
the Arraigns, called over the names of the Gentlemen (the
fame Pannel as in the cafe of the King v. Hardy), who were
fummoned upon the Jury.
When Mr. Shelton was about to call over the Jurors a
fecond time, for the purpoſe of giving the Crown and the
Prifoner an opportunity of challenging,
•
Mr. Tooke faid-My Lord, I defire, as it is neceſſary for
the purpoſe of my defence, that I may quit the fituation in
which I at preſent ſtand, and may be placed near thoſe
Counſel whom the Court has affigned to me as affiftants in
my defence.
Chief Justice Eyre. That is an indulgence that I hardly
ever knew given to any perfon in your fituation.
Mr. Tooke.-My Lord, I am perfectly aware it is unuſual,
but I beg your Lordthip to obferve, that every thing in the
courſe of theſe proceedings is likewife unufual. I beg your
Lordſhip to confider, that the proceedings on the laſt trial
took up, as I am well informed by a fhort-hand writer, one
thouſand ſix hundred pages clofe printed octavo; that the
trial took up eight days, with the interval of one day, and
Y
the
1/2 TRIAL of JOHN HORNE TOOKE, for High Treafon;
I
the matter of that indictment was fuch, that it is impoffible
for me to gueſs what will come out before your Lordship
against me. It is impoffible for me to inftruct my Connfel
ſtanding here, and they cannot know every paffage of my life,
and fome things are imputed to me as paffages in my life
which are not fo, and which will be brought before you.
How is it poffible for my Counſel to know that which is
only known to myfelf? I do not afk this as an indulgence;
I beg your Lordship's pardon, I claim it as my right by law.
I have no defire to fay any thing to offend the Court at any
time, and particularly at this time, when it is ſo much my
intereft to conciliate all. If I were a judge, that word in-
dulgence fhould never proceed from my lips. My Lord,
you have no indulgence to fhew; you are bound to be juſt,
and to be juſt is to do that which is ordered. What is not
ordered I fhall not afk, and your Lordship cannot grant;
but if you think it is not my right by law to be placed by the
fide of my Counſel, I muft encounter the learning and abi-
lities of the Attorney and Solicitor General; by attempting
to fhew that this is the right of every perfon ftanding in my
fituation. My Lord, I am not ſo foolish as to defire to give
your Lordship or any perfon offence, when it is fo ftrongly
my intereft to pleafe all. I have died twice, and the ſecond
time has been a torture. I have a ſtake as great as any that
can be conceived by the mind of man, no leſs than whether
my family fhall be beggared, and my name rendered infa-
mous to all pofterity. It is very well known that the beſt
gameſters, when the ſtake is too deep, play the worft; I hope
that will not be my caſe. If I am permitted to fit near my
Counfel, I may prevent a great waſte of time to the Jury,
to the Court, and to yourfelt. I am firmly perfuaded, that
it is impoffible for the profecutors to produce any thing
againft me which will render it neceffary for me to be put.
upon my defence. I fhall be very glad if what I now aſk
is granted. If you keep me nine hours, inſtead of nine
days, at this bar, fuch a declaration will be equal to a fen-
tence of death. I come from a very cloſe cuſtody: my Lords,
that cuftody has been attended with many degrading, and
with fome uncommon circumſtances; at my age, and with
my infirmities, this cuftody has in fome meaſure impaired
the health and ſtrength of my body. I come to you half a
man, and your Lordfhips will expect a whole defence; and
I do
Published by ALLEN & WEST, No. 15, Paternoster- Row. 173
I do not doubt that I fhall be able to give that defence,
provided you furniſh me with the proper and neceſſary means
of giving it.
Lord Chief Justice Eyre.-Mr. Horne Tooke, you
have been furnished with that which the law confiders as
the neceffary means to enable you to make your defence,
You have had Counfel affigned to you. They have had
acceſs, or had a right to have acceſs to you at all ſeaſonable
hours. You have taught the Court not to uſe the word
indulgence, and you have pointed out to them their duty,
that they are to give no indulgence. I am apprehenſive it
would be confidered as extraordinary indulgence, if the
Court were now to do that which you aſk, becauſe it is
not done to other prifoners. It was not done to the pri-
foner who went immediately before you, who had the fame
ſtake you have, and which all the other prifoners have, who
are to come to this Bar to be tried for the fame offence;
and therefore the Court is not permitted, without doing in-
juſtice to others, to grant that which you afk, upon the
ground on which you afk it. But you have mentioned
another circumftance which I think extremely material,
and which will, in my mind, warrant the Court in doing
that which you think they ought not to do-to indulge the
prifoner, eſpecially becauſe the ſtate of his health requires
it, and becauſe in the place in which you now ſtand your
health may not be fufficient. The Court does not wifh
to put you under any difficulties; they with you to make
your defence in the best way; and on the ſcore of your
health, and as the fituation in which you ftand is really
likely to be prejudicial to your health, and likely to diſable you
from making your defence in the manner you might other-
wife make it, I fhall put it to my Lords, to confider whe-
ther you may not be indulged with that which you have now
afked.
Mr. Tooke.-My Lord, you will forgive me only for
faying, if on the footing of indulgence the Court fhou'd
not think fit to grant what I afk, I hope I fhall not be
barred from my argument in point of law. -
Lord Chief Justice Eyre.-You muſt ſtate your whole
cafe at once, and not propofe it firſt in one ſhape, and then
in another: In that way you may go on without end. If
you deſire to argue this as a point of law, to be fure we
are ready to hear you.
Y 2
Mr.
174 TRIAL of JOHN HORNE TOOKE, for High Trean,
Mr. Tooke.-My Lord, I beg your Lordship's pardon.
I have not fhifted the ground I firft ftated. At first I de-
fired to argue it as a point of law; that I am well entitled
to what I aſk for by law, by the principles, by the letter, by
the practice of it. I do not wifh to take one ground and
then another. I do not want to go into this matter, and
to collect the fenfe of the Court-I with to wafte no time.
I knew after a decifion I fhould not be permitted to argue
it. I am willing to accpt of it on the fcore of health. I
do not want to change my ground, and if you grant it, I
ſhall be very happy.
Lord Chief Justice Eyre, (after confulting a little with
the rest of the Judges.) Mr. H. Tooke, I have confulted
my Lords the Judges, and they feel themſelves extremely
difpofed to indulge you on the fcore of your health. They
think that is a diftinction which may authorize them to
that in your cafe, which is not done in other cafes in com-
mon. They cannot lay down a rule for you, which they
could not lay down for any other man living; but as your
cafe is diftinguishable from the cafe of others, that does
permit them to give you that indulgence which you now
aſk for.
Mr. Tooke.-I am very much obliged to your Lordſhip;
and am willing to accept it either as an indulgence or upon
any other footing you pleaſe to put it. It will be very fa-
vourable for me, and neceffary for my health.
Lord Chief Justice Eyre. A chair muſt be prepared, and
the Bar entirely cleared, that there may be nobody to inter-
rupt the priſoner where he is to fit.
Mr. Tooke then left the bar, and came into the body of
the court, where there was a chair prepared for him near
his Counſel, Mr. Erskine and Mr. Gibbs, who fat near the
place where the Clerk of the Arraigns ufually fits.
Mr. Shelton then called over the pannel a fecond time,
when the Counſel on both fides took their challenges. When
he had got through the whole roll of jurors, there were only
nine gentlemen fworn upon the jury.
The Court defired him to call thofe who were abfent on
their fines.
All the gentlemen who were upon the laſt Jury were ex-
cufed, Several other gentlemen who attended, had wifhed
to be excund ça count of bad health, and they were in-
formed
Publiſhed by ALLEN & WEST, No. 15, Paternoster-Row. Iys
formed by the Court, that they ſhould, provided they could
make a jury without them. One of thoſe gentlemen was
Henry Purrier, Efq. who was afterwards called to be ſworn
on the jury.
Mr. Erskine faid, he knew nothing of that gentleman,
and therefore he hoped, that what he was going to fay
would not be confidered as difreſpectful to Mr. Purrier. On
the part of the priſoner, they had come to the end of their
challenges, and different gentlemen had made excufes,
which they had fubmitted to the confideration of the Court;
and their Lordſhips, with their uſual juſtice and indulgence,
had attended to them. It was not poffible for his learned
friend or himſelf to know what number of the inqueft
would appear, or what number that did appear would be
qualified, and non Conftat, had they known thoſe circum-
ftances, but they might not have challenged this gentleman
rather than another, which they had challenged. No man
would wiſh, in a caſe of that fort, to throw away a chal-
lenge. He wished to appeal to the practice of former
times, rather than to any conftructions of his own. By the
law of England, the crown was entitled to no challenge,
without affigning fufficient caufe; whereas, the indulgence
of the law permitted a prifoner, charged with High Trea-
fon, peremptorily to challenge thirty-five jurors, without
affigning any caufe at all. The Court was put into that
predicament, that they muſt either put that gentleman, and
others in the fame fituation with him, into the jury box, to
ſerve on the trial, or they muſt call on the Crown to ſee
whether there was any foundation for their challenges.
The Crown had challenged feven gentlemen.
Mr. Gibbs, on the fame fide, ſaid, the nature of their
objection was, that the perſons on the pannel ſhould have
been called in the order in which they ſtood. Had that
been done, the gentlemen on the pannel, who had been ex-
cuſed for the preſent, might have been the perſons whom
the priſoner would have challenged, rather than thoſe he did
challenge.
Mr. Purrier here ftated, that he had been afflicted with
a complaint for many years, that made him altogether unfit
for the diſcharge of this duty; and if he were put on
the Jury, he ſhould interrupt the time of the Court, as fure
as he was alive. He was prefent at Hardy's trial, on the
Thurſday,
176 TRIAL of JOHN HORNE TOOKE, for High Treafon,
!
Thurſday, and if he had been upon it, he muſt have been
carried out of Court, with the fufpenfion of all his facul-
ties. After he was fworn, as to his health, he declered the
ftate of it was ſuch as to make it impoffible for him to go
through the fatigue of this trial.
Mr. Horne Tooke addreffed the Court. He expreffed
great anxiety for the prefervation of the Criminal Law of
England, and wiſhed that it might be preferved in its ut-
molt purity. When he had walked along, loft in reflection,
and had come to himſelf again, he had fometimes obſerved
there was not before him the train of objects he had been
accuſtomed to, and inftantly he recollected he muſt be out
of his road. He had then topped and gone back, becauſe
the accuſtomed fucceffion of objects did not occur to him.
"To apply that obfervation to thefe proceedings, let us
confider (faid he, where we are. In the last trial, the Jury
returned to the charge day after day in cuftody, without ſhirts
and unſhaved, while the Judges left Court, and went home,
and returned again and again.. Now if the Jury are to re-
main unſhaved and unfhirted, fo muit the Judges; for the
Court is likewife in cuftody, and the eyes of every perſon
preſent are their keepers. On this occafion the Criminal
Law of England has been totally deftroyed; for my part, I
would as readily truft any Jury in England at large as the
Judges. He next attended to the increaſe of the monstrous
influence of the Crown, by returning fuch a pannel of
jurors as the prefent, namely, 228, of whom the prifoner
could only challenge 35. What has now become of the
Criminal Law of England? If you do not now find the
fucceffion of objects to which you have been accuſtomed—
Stop, turn round, for you inuft be in the wrong. From
the glorious ſtructure of the Criminal Law of England, you
cannot take out one ſtone but the whole fabric muſt come
tumbling down about your cais. It has tumbled down. I
would rather die on this fpot than that the Judges and Jury
fhould feparate before the end of this trial. The law of
the land never intended a trial for High Treafon to laſt for
fo many days, during which the Attorney General, Solicitor
General, &c, were making known to the Jury the nature
of a charge upon which my life, my fortune, and my cha-
racter depend. Let me die in this place, rather than that
all the rules and practices of the Criminal Law fhould be
deſtroyed.
Published by ALLEN & WEST, No. 15, Paternoster-Row. 177
deſtroyed. I will do every thing in my power to prevent
it.
Lord Chief Justice Eyre.-I do not know to what this
Addreſs tends.
Mr. Tooke.-I fay the Crown fhould affign their cauſes
of challenge. We have gone through our challenges, and
we are now entitled to call on the Counſel for the Crown,
for the cauſes of their challenges; and that we may have
thoſe good men whom they have rejected.
Lord Chief Justice Eyre.-From the whole of our legal
hiftory, the courfe is a clear one. The Crown has no pre-
remptory challenges; but the courfe is, that the Crown
may challenge as the pannel goes on, and is not bound to
thew cauſe of challenge till it is gone through; this is the
eſtabliſhed courfe. Circumſtances have arifen, by which
it has become abfolutely neceffary to make pannels vaſtly
more numerous than they were in ancient times; and this
may poffibly give the Crown an improper advantage; but
whenever we fee that improper advantage attempted to be
taken, it will be for the ferious confideration of the Court,
whether they will not put it in a courie to prevent ſuch im-
proper advantage being taken. I fee no attempt of that
fort at prefent. On the part of the Crown they have chal-
lenged feven.
Mr. Tooke.-That is a majority of the Jury.
Lord Chief Justice Eyre.-When the pannel is gone
through, if there is not a fufficient number to ſerve on the
Jury, the Crown is to affign the cauſe of its challenges.
Attorney General.-Your Lordship obferves, that in calling
over this pannel, I think rather better than half are difqua-
lified by ill health, or by want of qualification, or by other
reaſonable excufes. It has occurred in the courſe of this
trial, after the Jury were called over the firſt time, that the
names of the defaulters were not called the fecond time,
which I believe is ufual. I appeal to my learned friends
near me, that it had occurred to me, that the priſoner might
be put into a ſituation in which I would not wiſh to place
any man, by calling a perfon into the box to be fworn,
after the 35 challenges on the part of the prifoner had been
preremptorily taken. I feel it in this way, that he chal-
lenged A when he might have challenged B, inftead of A,
and therefore he muſt wave a challenge he had before made.
I was
178 TRIAL of JOHN HORNE TOOKE, for High Treaй;
I was about to get up to ſtate this, and therefore I do not
mean to anſwer the objection that was made by my learned
friends. I am now therefore ready to admit it, and I will
not prefs an anfwer to the objection; but I muſt aſk that
the names of the defaulters may be called over, that it may
be understood, that the juftice of the country requires that
they muſt attend; and that an intimation to that effect
ſhould be given to them.
I wiſh alſo to ſtate, foreſeeing what would be the caſe
from fuch a number of defaulters, that I am very defirous
that the trial fhould proceed; and therefore I wave all ob-
jections to every one man upon the pannel.
The Jury were then completed from thofe Gentlemen to
whom the Crown had objected.
[A great number of the Gentlemen that had been fum-
moned on the Jury, paid no attention whatever to their
fummonfes, but had gone into different parts of the country,
on buſineſs or pleaſure. A great number were difqualified,
by not poffeffing freehold, or freehold and copyhold, in the
County of Middleſex, to the amount of ten pounds a year.
A number of them were above 70 years of age, and, on
that account, excuſed from public fervice. A number were
ill of the gout; and two were dead fince they were ſum-
moned. This accounts for the difficulty of finding a Jury
out of fo great a number of Gentlemen,]
The names of the Jury appointed to try John Horne
Tooke, Efq.
Mr. JAMES HAGGART, of Pancras, Foreman.
Mr. THOMAS HARRISON, of Gray's-Inn, London.
Mr. EDWARD HALE, of Highgate.
Mr. THOMAS DRAINE, of Limehouſe.
Mr. MATTHEW WHITING, of Stepney.
Mr. NORRISON COVERDALE, of Limehouſe.
Mr. ROBERT MARIS, of Turnftile.
Mr. WILLIAM COOKE, of New Ormond-ftreet.
Mr. CHARLES PRATT, of Tottenham.
Mr. MATTHIAS DUPONT, of Enfield.
Mr. WILLIAM HARWOOD, of Hadwell.
Mr. HENRY BULLOCK, Brewer.
Mr. Shelton then read over the indictment (the fame as
in the Caſe of Hardy.)
Mr.
Publiſhed by ALLEN & WEST, No. 15, Paternofter Row. 179
Mr. Perceval opened the pleadings. The fubftance of
the charge in the indictment againſt Mr. Tooke was for
High Treafon, in confpiring, with others, to compaſs and
imagine the death of the King.
The Learned Counſel then flated from the indictment,
the different overt acts of this fpecies of Treaſon, which
were the means by which it was fuppofed he meant to carry
the intention into execution, and which were evidence of
it.
Mr. Solicitor General roſe to addreſs the Jury on the part
of the Crown, at half paft twelve o'clock, and obferved,
that as they had heard the indictment againſt the priſoner at
the bar ftated by his learned friend, he fhould not take up
their time in reſtating it at large; but fhould fimply ob-
ferve, that it charged the priſoner with the crime of High
Treafon, in compaffing the death of the King, and with
the overt acts of that, any one of which, if proved, would
require the Jury to give their verdict againſt the priſoner.
He charged the prifoner at the bar with a confpiracy, to
fubvert and overturn the legiſlature, rule, and government of
the kingdom, and to depoſe the King from his royal ſtate,
power, and government. The law on this fubject was
perfectly clear, namely, that any act done, the conſequence
of which endangered the life of the King, was taken to be
an act done in purfuance of an intent to compafs the death
of the King, demonftrated by that act, and the crime of
High Treafon.
The confpiring to depoſe the King, was clearly an act of
High Treafon, becauſe it was an act, which in its confe-
quences tended to bring the King's life into danger, and
therefore a confpiracy to depofe the King had been uni-
formly held to be High Treafon. He fhould not therefore
trouble them with any difcuffion on the law, becauſe he
took it to be clear and plain, that a confpiracy to fubvert
the Government and to depoſe the King was High Treaſon;
and the confequences must neceffarily follow, fuppofing the
prifoner at the bar to be within the charge. He felt very
deeply the importance of the cafe before them, and, feeling
that, impreffed him with his own infufficiency to the taſk
impofed on him. He knew not what was to be the confe-
quence, whether that conſtitution to which a great majority
of the ſubjects of this country were firmly attached, was to
Z
180 TRIAL of JOHN HORNE TOOKE, for High Treafon,
be overturned, or whether thofe, who had that attachment
to it, were to be compelled to rally round its ftandard, and
to defend it by their own arm and their own ftrength. He
attributed to the prifoner, together with others who were
concerned with him, a confpiracy to depofe the King; a
deliberate plan to fubvert the conftitution, and to deſtroy
the fovereign power, as by law eſtabliſhed, and to execute
that plan by his own force, and by the force of thoſe he
hoped to draw to his affiftance.
Whatever his object was,
and whatever was the confequence, whether it was to ella-
blifh one form of Government, or another, whether to ef
fect one fort of Government or another, was, he conceived,
unqueſtionably depofing the King, depriving him of his
Royal State, Crown, and Dignity; and making him who
was to command, to obey. Whether, therefore, it was in
contemplation of the priſoner to form a new Government
of one kind or another, a Government of King, Lords,
and Commons, conftituting any part of our preſent Go-
vernment, or a Government of a King and one Affembly,
or a Government of one Affembly without a King and
Lords, it appeared to him to be exactly the fame thing. It
was altering the conftitution of the eſtabliſhed Government,
by a power, which by our conftitution could not be per-
mitted to alter it, namely, by the force of individuals, and
not by the legislative act of the conftituted powers them-
felves. He did not mean to detain them by entering into a
detail of the evidence that would be produced.
He ſhould
endeavour to confine himſelf to the general outlines, which
he hoped would enable the Gentlemen of the Jury to com-
bine the feveral parts of it, to apply it to the fubject, and to
enable them to ſee the refult of the whole.
He attributed to the prifoner, and to thoſe with whom he
was affociated, a confpiracy to effect a change in the Sove-
reign Power of the State, by their own force. That Sove-
reign Power, they well knew, according to the Conftitution
of our Government, was placed in King, Lords, and
Commons, in Parliament affembled; the King acting in
the feveral ways which the Conftitution required in the ad-
miniſtration of the Government.
He attributed to the prifoner, that for the purpoſe of
accompliſhing that confpiracy with which he charged him,
that he and thoſe with whom he was affociated, had quar-
relled
Publiſhed by ALLEN & WEST, No. 15, Paternofter-Row. 181
relled, not merely with the Adminiſtration of the Govern-
ment of the Country-not merely with the frame of the
Conſtitution of that Government-but with the principles
on which that Conftitution was founded. His objections
were radical and entire, It had been afferted, that no Go-
vernment could be lawful, but a Government founded on
what was termed the Rights of Man. It was a neceffary
confequence of that pofition, that every other deſcription
of Government was unlawful; and it was a fort of duty
incumbent on every man to deſtroy a Government thus un-
lawfully conftituted, which muft produce a fyftem of uni-
verfal anarchy and confufion throughout the world: for,
according to their own declaration on the fubject, there ex-
ifted no Government that was perfectly fo conftituted. If
fuch were the deſigns of thofe engaged in the confpiracy he
had mentioned, every act of the accompliſhment of thofe
defigns, he conceived, would be an overt act of High
Treaſon against his Majefty and his Government; for it
was an overt act towards the accompliſhment of a deſign,
which defign had in view the fubverfion of the Conftitu-
tion, and neceffarily had that in view, becauſe it declared
that the Government itself was founded on principles on
which no Government ought to ftand. He faid, he well
remembered, when thoſe who were alarmed by what was
paffing in France, were told their fears were totally with-
out foundation, Why, (it was faid) are you alarmed at
what is paffing in France? The fituation of the two
countries is totally different: In France they have no Go-
vernment which could form the fubject of attachment to
the People. They had a Government which was in prin-
ciple, tyranny; a Government detefted by all the People,
and which, therefore, fell the moment it was attacked; for
Government could only fubfift in the opinion and in the
love of the People. But the Britiſh Government is deeply
and firmly rooted in the hearts of the People, and therefore
you have no caufe to be alarmed." The reafoning was
juft, and the prifoner at the bar, and thoſe who were en-
gaged with him, felt the truth of that argument. They
held it out themſelves to the world. They determined to
deſtroy the foundations of it. They determined to deſtroy
that attachment, and that opinion, which they themſelves
ſtated to be the ſecurity of the Britiſh Conſtitution, and the
difference
(6
Zu 2
182 TRIAL of JOHN HORNE TOOKE, for High Treafon,
difference between the fituation of this country and France.
It was held, that no Government could be lawful but that
which was founded on the Rights of Man, which included
the right of equal, active Citizenship. The right of equal
active Citizenship was neceffarily inconfiftent with the prin-
ciples of the Britiſh Government; for the right of equal
active Citizenſhip could not exift with an hereditary King,
or an hereditary Houſe of Lords. The moment therefore
it was faid, that equal active Citizenship was an indefeaſi-
ble, imprefcriptible Right of Man, and that no Government
lawfully exifted, that was not founded on the principles of
the Rights of Man, it was faid that the Britiſh Government
was unlawfully conſtituted, and that therefore the ſubjects
of that Government could not be lawfully bound by it.
By theſe means they endeavoured to deſtroy the foundation
of that allegiance which every ſubject owed to the Govern-
ment. Such doctrines tended to deſtroy all that opinion
upon which alone it had been ftated the difference between
this Country and France confifted. The moment it was
found that the Government that was eſtabliſhed in this
country was not that to which the people ought to be at-
tached, but, on the contrary, a Government founded in in-
juſtice and oppreffion, from that moment the fituation of
this country was become exactly the fame as that of France:
For, what deſtroyed the Conſtitution of the Government of
France, fuch as it was, but the total failure in the opinion of
the people of the country? The Gentlemen of the Jury
would find, in a book which would be produced to them,
what he had then been ftating, enlarged upon, and ſtated
with much more clearneſs and preciſion than he was able to
ftate to them. It was ſtated with great abilities in a work
of Mr. Joel Barlow. The people were taught, in confe-
quence of thefe doctrines, to believe they were flaves, that
their Government was not a free Government, but a Go-
vernment of conqueft, of ufurpation, and that we had not
that we had long fuppofed we had enjoyed, namely, as
much liberty, generally ſpeaking, as was confiftent with
good order; but Mr. Barlow has taught us, that the whole
was a fyftem of flavery and oppreffion. The people were
alſo taught, that they must emancipate themſelves. Now
it ſeemed to him, that if thefe doctrines had been fully eſta-
pliſhed, they would have gone a great way, if they had fuc
ceeded,
Published by ALLEN & WEST, No. 15, Paternofter-Row. 183
ceeded, to effect a change in the minds of the people to-
wards the abfolute fubverfion of our exiſting Government.
He took it to be immaterial to confider whether the prifoncr
thought the principles he had juſt ſtated were juſt or not;
or whether he believed a government founded on thoſe prin-
ciples was or was not, the beſt Government that could be
eftabliſhed. That confideration feemed to him to be to-
tally immaterial.
They had determined to uſe theſe principles to deſtroy
the exiſting Government; that was what he charged him
with, and if the Jury ſhould be of opinion that he meant
the propagation of thofe principles as a means to deſtroy
the exifting Government, and if he did propagate theſe
principles, the charge as he conceived was plain; and when-
ever perfons confpired againſt the exifting Government of a
Country, it was impoffible for them to anfwer for all the
confequences; or for them to fay, fo far we will go, and
no farther. For when the existing powers were destroyed,
the interval between that deftruction and the creation of a
new Government, muft neceffarily be a ftate of anarchy
and confufion; and thoſe who had been excited by fuch a
variety of means and objects, might have had fuch different
paffions and views, that no man, or body of men, could
venture to ſay where it would end. If they wanted an in-
ſtance to illuſtrate what he was then ſtating, there was a
neighbouring country in which it had been completely illuf-
trated.
The prifoner at the Bar, and thofe charged with him, did
not content themſelves with fimply endeavouring thus to de-
ftroy the fubjects' affection and attachment to the Govern-
ment, by endeavouring to eſtabliſh, as the fole juft principles
of Government, principles incompatible with that Govern-
ment under which we lived, and which might anſwer their
purpoſe. He faid, they all knew that a Reform of the Houſe
of Commons had long been an object of public attention;
an object which was purfued with a confiderable degree of
eagerness by feveral different perfons; and the various pro-
poſals which had from time to time been made, for reform-
ing the Houle of Commons-propoſals differing extremely
in the principles on which they were founded. Some more
moderate, fome more violent, and perhaps their very va-
Fiety fhewing the difficulty of accomplishing that reform
which
184 TRIAL of JOHN HORNE TOOKE, for High Treafon,
which was propofed. The perfons, however, who were
charged with this confpiracy, never attempted to hold out
to the public any plan of moderate Reform of the Houſe of
Commons; but they affumed that which had been gene-
rally affumed in other countries, particularly in America,
and lately in France; and held principles neceffarily lead-
ing to univerfal confufion. He meant the plan of Uni-
verfal Suffrage. This plan had many things to recom-
mend it to thoſe who were engaged in this confpiracy. It
had originally the fanction of a confiderable name, that of
the Duke of Richmond; but they would recollect that was
fome years ago, and for a confiderable time it had been
confidered by the majority of the people to be impracti-
cable. It was perfectly well known that the leading Gen-
tlemen, who were commonly called the Oppofition, in the
Houſe of Commons, never conceived an intent of going
to that extent, though ſome of them wifhed for a mode
rate Reform. On the contrary, in general they were ex-
tremely averſe to it; and it would be fhewn to the Jury
that that was clearly and diſtinctly known to the perfons
engaged in this confpiracy: In particular, one Gentleman,
of whofe abilities he could not ſpeak too highly, and a
man from whom he could not withhold the utmoſt tribute
of eſteem, he meant the Right Hon. Charles James Fox,
was extremely averfe to it; and they knew that circum-
ftance. That great Stateſman thought that a propofition
for Univerfal Suffrage and Annual Parliament, was in effect
a propofition for univerfal confufion; and they would find,
that he was determined not to fupport meaſures of that
fort and, when his conftituents requeſted him to prefent
a petition to the Houfe of Commons, having for its object
Univerſal Sufferage and Annual Parliaments, he begged of
them to give it to fome other Meinber, to prefent, becauſe,
he faid, he ſhould feel it his duty to oppofe it. The Pri
foner, was perfectly aware of all thefe circumftances. He
knew that Univerfal Sufferage and Annual Parliaments muſt
be rejected, becauſe, in all probability, among all the ad-
vocates for Reform, there could hardly have been one found
to vote for that ſcheme, and that he took to be very im-
portant for the Jury to confider. Univerfal Suffrage and
Annual Parliaments was a principle never to be departed
from. The people were to infift upon that at leaſt; and if
:
that
Publiſhed by ALLEN & WEST, No. 15, Paternofter-Row. 185
that was granted, all would follow. He had no doubt of
the confequences; he could have no hefitation in his own
mind, that every effect of anarchy and confufion muſt ariſe.
Knowing that fuch a propofition would never be acceded to
by the Houſe of Commons, they laid it down as a prin-
ciple never to be departed from; and the people were taught,
that what they were to obtain was to be obtained by their
own efforts only. There were only two ways in which it
could be obtained-by the Act of the conftituted Legifla-
ture, or by a force and power rifing in oppofition to the
conftituted authorities. But they went ftill farther than
this; for they taught the people that parliament could not
reform itſelf; and that a reform of any part of the con-
ftitution of the government could only be effected by the
people, met in what was called a Conftituted Affembly;
and, if they looked through the works of Mr. Paine, they
would find that doctrine clearly, diſtinctly, and repeatedly
laid down-that Parliament could not reform itself; that
it was againſt and contrary to the nature and conſtitution of
Parliament; and particularly alledging, that the Bill brought
in by Mr. Pitt, for that purpofe, proceeded on totally
another principle, and that it was impoffible that Parlia-
ment could reform itſelf. If it was impoffible to reform
itſelf, and if it needed reform, the reaſoning was clear and
conclufive, that a reform was only to be effected by the
people acting for themſelves; and that could only be ef
fected by a revolution in the preſent exiſting Government.
The meaſure of Univerfal Suffrage, and Annnal Parlia-
ments, was capable of being applied either to the Houſe of
Commons, or Houfe of Lords. It was capable of apply-
ing to any branch of the Legiſlature; and the Jury would
find from the evidence, that they never diftinctly applied it
to the Houſe of Commons, but frequently applied it to
both Houſes of the Legiſlature, and that in truth they ap-
plied it to all the three branches of the Legiſlature. They
particularly fo applied it, when principles were laid down
totally inconſiſtent with thoſe of our conftitution. They
would find it afferted, that the principal rights of every in-
dividual were equality of voting in making laws, and the
choice of perfons by whom thoſe laws were to be executed.
When the minds of men were led to this point, to conceive
that Univerſal Suffrage was their indefeaſible right; and
that
186 TRIAL of JOHN HORNE TOOKE, for High Treafon,
that the exiſting Legiſlature would not concede that, and
that the Legiflature could not reform itfelf: the minds of
the people were brought to be perfectly ripe for the over-
throw of the British Conftitution, and if they had made
their way among the great body of the people, nothing but
confuſion would have enfued. Many men were not apt to
be worked upon by fpeculative opinions; they therefore
were to be worked upon by other means. Every method
was taken to inflame their minds; the encloſure of com-
mons, tythes, the amount of the national debt, the public
annual expenditure, and the expence of a Monarchy, com-
pared with the cheapnefs of a Republic. Everyarticle of that
fort was uſed, for the purpoſe of working on the minds of
thoſe people who were too ftupid to be affected by any
other means. The poor were taught to believe they were
oppreffed by the rich; and to the rich, including every
perfon of property, was to be given the name of Aroftocrat.
Under that term the poor were to be fet againſt the rich;
and they had endeavoured to excite thoſe who had nothing
to take the property of other men, becauſe it was alledged
that the means by which they became poffeffed of it were
unlawful. If the rule that had been hitherto obſerved, that
men had a right to that property which the laws of the
country fupported them in the enjoyment of, were to be
abandoned, and if they gave way to fpeculative confidera-
tions on the fubject, it was impoffible to fay where it
would end. When the minds of men were inflamed by all
theſe means, the confequence would be preciſely the fame
as if people were irritated againft the Government of the
country they talked of the great, the grand plan, and the
common cauſe of England and of France, and univerſai
emancipation; a language likely to attach a great number
of people, who might not reflect with great correctneſs on
the confequences that were to follow from it.
He faid, he had ſtated to the Jury what he conceived to
be the extent of the confpiracy. By the law of England,
when men formed a plan, the confequence of which might
lead to the deftruction of Government, and the confequence
of which would be, if Covernment was to be deſtroyed,
that it would neceffarily lead to the depofition of the King,
he conceived that all thoſe engaged in ſuch a buſineſs were
guilty of High Treafon. Whatever might be their original
intent,
Publiſhed by ALLEN & WEST, No. 15, Paternofter-Row. 187
intent, he had already faid they could not command
confequences; and that was abfolutely neceffary for the
fecurity of the State. The means by which the perfons
engaged in this confpiracy, were the fame that had been
ufed with fuccefs in France; by means of thoſe aſſociations
which might now poffibly be put an end to, as being found
incompatible with all peaceable and orderly government.
No peace can exiſt in a country full of Clubs and affiliated
Societies. There were about 40,000 of them in France,
ſcattered over the whole country. It was clear the Priſoner
at the bar intended to eſtabliſh the fame fort of Clubs; to
extend them from town to town, and from village to vil-
lage, till the whole body of the people fhould be fo united,
that they ſhould move forward all at once; and that, they
would eaſily perceive, muft neceffarily lead to the deſtruction
of the Government of a country. For, if a body of men
is formed, whoſe numbers, and whoſe names, were, in a
great degree, unknown, their force could never be calcu-
lated, becauſe they were an united body, acting perfectly
orderly, acting as a Corporation, as a State within a State,
and having all the force and compactness of a State, and
fubject to no controul whatever. That was the ſituation
of the Jacobin Clubs at Paris. Perhaps, in ftating this, he
did injustice, for he knew not, in fact, whether the French
did not copy from the Societies in this country; but which
ever of them was the original, they found them treating
each other like brethren, and as thoſe who were labouring
in the fame cauſe. The two Societies to which he princi-
pally directed his attention were, the Conſtitutional Society,
and the London Correfponding Society;-the firft of theſe
had exiſted for many years, the other was inftituted early in
the year 1792, and he thought they would be fatisfied from
the evidence that the Prifoner at the bar was the Father of it.
Their principle was Univerfal Suffrage; though the go-
vernment of that Society was moſtly ariftocratic.
London Correfponding Society was to have been divided
into thirty divifions, but it was in fact only divided into
about feventeen or eighteen: each of thefe divifions was to
ſend a delegate to meet the other delegates, and that formed
what was called a Committee of Delegates. They had ano-
ther Committee of Correfpondence, or a Secret Committee;
and it was not known to the reſt of the Society who were
A a
The
the
188 TRIAL of JOHN HORNE TOOKE, for High Treafons
the members of the Secret Committee. The London
Correfponding Society was fuppofed to confift of 6 or 8000.
Thefe were governed by 18 or 20 Delegates, who were
governed by a ſmaller Committee of five or fix: the con-
fequence was, that in truth theſe five or fix were the active-
men, and the others were to be uſed merely as theſe five or
fix. pleafed.
The Conftitutional Society originally confifted of very
refpectable Gentlemen, but thefe by degrees had fallen off,
and for the last three or four years had confifted only of the
Priſoner at the bar and a few others. Theſe two Societies.
correfponded with a great number of other Societies in dif-
ferent parts of the kingdom, all of which looked up to the
Conftitutional Society, and particularly to the Prifoner..
The Solicitor General fhewed, with great perfpicuity, how
thefe Societies adopted the principles contained in Paine's
Rights of Man, and with what diligence they propagated
them, though thofe principles were totally incompatible with
all hereditary government by a King and Houfe of Lords.
1
All the doctrines contained in the works alluded to,
were, as it appeared, approved of, and. fanctioned by the
prifoner. If this could be made more evident, it would ap-
pear from the anfwer fent to the Editor of the Patriot,
which was a letter artfully ftating all the various means to
be uſed for the furtherance of their intended plan. This
anſwer, wherein the Ariftocracy and Monarchy of the
Country were treated as vipers, &c. as it would appear in
evidence, was in the hand-writing of the priſoner at the
bar. It would alfo appear from the anſwer 'fent to the
letter received from Norwich, which enquired what were
their intentions; whether they meant to be fatisfied with:
the Duke of Richmond's plan of Univerfal Suffrage, or
whether they meant to rip up Monarchy by the roots. It'
would alſo appear not indiftinctly, from their communica-
tions with the Society of the Friends: of the People, who
had, in common with themfelves, the avowed object of a
Parliamentary Reform; but fo early as the month of May,
the Friends of the People had found it neceffary to break
all intercourſe with them. To fhew a unity of opinions
and fentiments between the different Societies, he adduced
the fact of their having affociated Members from each other,
who were reſpectively admitted as Members of the other
Society.
Published by ALLEN & WEST, No. 15, Paternoster-Row. 189
:
Society. They had fupported Paine during his profecu-
tion, for the publication of the Second Part of the Rights
of Man, thereby evincing, that they thought him a man
fuffering under oppreffion; that they thought his doctrines.
were fuch as merited rather applauſes and reward than pu-
'nishment. Barlow's letter alfo was another theme of ad-
miration this broached, in the moft unequivocal terms,
the neceffity of doing away all Royalty; and was chiefly
written to prove, that it was an evil, inconfiftent and in-
compatible with a Government founded upon the Rights
of Man. This was the work deemed both neceffary and
important in the grand object they had in view. We find
them alfo addreffing the Jacobins in France, and imme-
diately afterwards another to the National Convention, in
which they openly affert, the cauſe of France was intimate-
Ay blended with their own. Frenchmen are free, and
Britons are preparing to become fo," is the language ufed in
another part of the fame Addrefs; and then immediately
follows what put their opinion of an Ariftocracy beyond
the queſtion of a doubt: “ Seeking our real enemies, we
find them in our bofoms; we feel ourfelves inwardly torn
by, and the ever victims of an all-confuming Ariftocracy 5
hitherto the bane of every nation under the fun, wifely have
you done in expelling it France." They go on to with a
"triple alliance (not of the Crown), but of" the people of
America, France, and England."-Then follows the Re-
folve of the Conftitutional Society, which highly approves
of the fpirit of this addrefs, and a Committee is appointed
to confer with the London Correfponding Society upon
the fubject of fending it to France. It happened that fome
private correfpondence took place upon this occafion, be-
tween Froft, the perfon appointed, together with Barlow,
to deliver it. Mr. Froft ftates his opinion pretty freely
upon the fituation of affairs then in France, and enough
may be gathered to know what his fentiments of Monarchy
are. The Conftitutional Society, it is true, did not adopt
this addreſs; but after approving the fpirit of it, they pro-
ceeded to frame another, in his opinion, of full as strong
and difloyal a tendency. They require a Government
founded upon reafon and nature; though what their opi-
nions of reafon and nature were, is not quite fo clear.
When this was prefented at the bar of the National Con-
A a 2
vention,
190 TRIAL of JOHN HORNE TOOKE, for High Treason,
vention, it was introduced by an introductory addreſs of
thoſe perſons who delivered it, ftating, among other things,
that they hoped fhortly to find a National Convention of
England receiving complimentary addreſſes from the people
of France. The Prefident, in his reply, does not affect
to conceive them otherwiſe than as men who were refolved
to purſue the fame fteps here as had been followed in that
country. He immediately addreffes them in language pre-
faced as follows: "Generous Republicans, &c."
In fact,
a National Convention had long feemed to occupy their
thoughts, and appeared an object to which they had turned
their ftudied attention. The London Correfponding So-
ciety had before ſtated, that the people muſt attain their own
emancipation. It would appear from their minutes, that
they had affociated Citizens Barrere, St. André, and Roland,
as Members of the Society for Conftitutional Information,
at the ſame time beſtowing upon them the epithets of moſt
enlightened men; and the fpeech of Barrere was ordered.
to be inferted upon their books. The matter contained in
this ſpeech muft, of courſe, in their opinion, be worthy
of the perufal of their Members, and an object fit for their
example. What were the contents of this fpeech? An
examination into the nature and powers of a National
Convention. It afferts, that they are fuperior to all com-
mon legiſlatures, and fuperfede their powers whenever they
are appointed. It alſo afferted their right to deſtroy the
inviolability of the King, as the fame power which gave it
was competent to revoke it; and that it could only be
pleaded againſt the other and co-exiſtent branches of the
fame legiſlative government. It was in furtherance of this
plan of a Convention, that three diftinct propofitions were
fubmitted to the Country Societies; a Petition to Parlia
ment; an Addreſs to the King; and the plan of a National
Convention. The Petition to Parliament was univerfally
rejected; the Addrefs to the King declared to be nugatory;
but the Convention plan met with univerfal concurrence.
In May 1793, a meeting of perfons was held at Edinburgh,
calling themſelves "The Convention of Delegates, affo-
ciated for the purpoſe of obtaining a Reform in the Election
Laws of Scotland ;" and, in confequence of a letter from
Skirving, Delegates were fent from London to join them,
Mr.
Publiſhed by ALLEN & WEST, No. 15, Paternofter-Row. 191
- Mr. Solicitor General here commented on and read large
extracts from the above letter, for the which we refer the
reader to the 2d Report of the Committee of Secrefy, p. 73-
He dwelt chiefly upon that part which ſtates the neceffity
of having ready framed fome fyftem to fupply the place of
the preſent, which the writer fuppofes foon muſt fall into
anarchy. From hence he concluded, that in the mind of
Skirving, at leaft, there cxifted fome caufe which led him to
ſuppoſe an anarchy would ere long enfue. In Novem-
ber delegates were appointed, Meffrs. Margarot and Gerald
from the London Correfponding Society, and Mr. Sinclair
from the Conftitutional Society; together with Mr. Yorke,
who did not go. The conduct of the people thus met,
was fuch as he thought himfelf juſtified in ſaying, that
unless they had been fuppreffed as they were, civil commo-
tion muſt unavoidably have enfued. On the third day of
their meeting they affumed the title of a "British Conven-
tion of Delegates of the People," dropping the character
they had before held of a Society delegated from other So-
cieties for the purpoſes ſpecified; but now they wished to
be thought a body delegated by the people, and of conſe-
quence to be fupported by the power of the people, and ſu-
perior to the exiſting Legiſlature of the country. This af-
fumption, if they meant to petition parliament, was in a
high degree improper, as it went to impofe upon them,
and, in fact, would ftate what was not the truth, that what
they reprefented as the voice of the people, was only the
with of a particular fociety, or a few of them. But by
their taking to themſelves the title of a Convention of the
People, they attempted to fet themfelves above the Confti-
tuted Authorities of the kingdom. Thus it happened in
France: In the year 1789, the perfons there affembled
were known by the name of the States General; when
about one half of them had met, they called themſelves an
Affembly of the People, and immediately refolved, as a
neceffary confequence, that the King could have no nega-
tive upon their proceedings. This example the British
Convention feemed cloſely to copy; for we find them en-
tering into certain refolutions, very much of the fame com-
plexion, and all tending to the fame general purpoſe. On
the 23d, they came to one, for which a blank was left in
the minutes, and which was of ſo extraordinary` a nature,
that
192 TRIAL of JOHN HORNE TOOKE, for High Treafon,
that he thould make fome remarks upon it. The refolu-
tion to which he alluded was that, wherein the Convention
had declared they would not feparate unlefs compelled by a
fuperior force, and that in certain cafes therein fpecified,
they would privately meet at a place to be appointed by
their Secret Committee; for which purpoſe another refo-
lution had alfo paffed, ftating the time and manner of
their re-union. We had alfo found that they had followed
up this refolution with effect, and had refufed to diſperſe
until they were compelled by a fuperior force. We should
afterwards alfo find that all which they had done was
adopted and approved of by the Societies in London. By
a refolution of the 17th of January, they ſay, "That law
ceafes to be an object of obedience whenever it becomes an
inftrument of oppreffion." And another, That they re-
member the fate of Jeffries with the greateſt fatisfaction."
To which they add, "Thoſe who imitate his example de-
ferve his fate."-Refolved, "That though the Tweed may
divide countries, it does not make any diftinction between
principles," &c. and that the conduct of the delegates de-
ferves the approbation of all wife, and the fupport of all
brave men.
He put it to the Jury, what could be the fair
conſtruction of theſe refolutions? Were they not intended
to excite the people of Scotland to an act of ſummary juſtice?
Was it not intended to make them difcontented with their
legal tribunals, and to attack the Juftices who prefided there?
He thought he did not proceed too far when he commented
upon every expreflion, as the prifoner, for certainty, well
knew the force of every word. He wished to advert to the
term brave-they were faid to deferve the fupport of all
brave men.
Mr. Tooke faid he thought Mr. Solicitor General ſhould
bring the charge home to him before he was fo particular.
He wished to know, whether if that was not done, his
obfervation could apply?
The Lord Chief Justice faid, that certainly, if it was not
brought home, he fhould notice it in his charge, as not ap-
plying.
The Solicitor General continued by obferving, that though
not drawn by his hand, yet he being prefent, and in the
chair when they paffed, he muſt have an accurate knowledge
of their contents. At a fubfequent meeting, held at the
Globe
Publiſhed by ALLEN & WEST, No. 15, Paternofler-Row. 193
Globe Tavern, they ftate the time to be coming when "they
1hall not expect redrefs from the operation of reafon, to which
they have long appealed in vain; but to the force of their own
energy, and from their own laws." What were their own
laws? They could not make laws, unleſs they meant to erect
themſelves into a power fuperior to the Government of the
Country. But they fay they will have redrefs from their
own laws, and not thoſe of their enemies, plunderers, and
oppreffors!—for ſo it is they ftigmatize the laws of their
country. He next animadverted upon the feveral toaſts
which had been drank at their political dinners, and ob-
ferved, that, although in their refolutions they ufed the words.
legal and conftitutional meaſure, yet it did not follow that
they intended fuch. Their refolutions of the 17th, 20th,
and 24th of January, would prove what their real opinion
was reſpecting a Convention of the People. It would only
require to recollect the terms uſed, to form a proper opinion
of their defigns. They appeared fuch as would lead to any
thing, not to a fimple Reform in the Commons Houſe of
Parliament. They declare their intention of fubftituting
themſelves in the place of the Legiſlature, and taking the
government into their own hands. He might with fafety
affume, that the evidence of facts would not be contro-
verted. It might be faid, of the Prifoner, whatever views
others might have, that he had a Reform, and a Reform
only in his mind: he might affert that he was attached to
the Conftitution to the Lords-to the Monarchy.
if he was purſuing thofe plans which muſt neceffarily end
in their deftruction, he was equally guilty. Many Pro-
teſtant Lords, in the reign of William, and even in that of
Anne, who confpired to bring in the Pretender, were doubt
lefs attached to the reformed faith; yet the confequence
would have been its fubverfion, had they fucceeded in their
defign. Becauſe they were attached to it, they were not
therefore guiltlefs; but were equally guilty of high treaſon
'as though they had not been attached to it. Profeffions
were not the criterion of a man's faith, but his actions.
He might have loyalty in his lips, when it was far diftant
from his heart:-Such was the conduct of Lord Lovat; he
profeffed to revere that fyftem which it had been his fole
employment for years, to confider how he could deſtroy.
Such was the language of the French Convention; they
approached
But
194 TRIAL of JOHN HORNE TOOKE, for High Treafon,
approached Monarchy with fubmiffive and flattering expref-
fions, until they faw the time when they could overwhelm
it with fafety. Even Judas Iscariot betrayed his Sacred
Maſter with a kiſs. A man is not loyal becauſe he pro-
feffes loyalty. Wherefore the Addreffes of Paine and Bar-
rere? Why an Addrefs to the Jacobins and National
Convention of France? What means the expreffion of
Aristocracy and Monarchy being vipers panting under their
laft gafp? Is this loyalty fhewn, by admitting Barrere, St.
André, &c. honorary Members of their Society? Why
theſe Secret Committees and Convention? Can words,
Gentlemen, change your opinion of things?
Can they
do away the Refolutions of the 17th, 20th, and 24th of Ja-
Quary?-You will be mindful of your duty to your ver-
dict is committed the fafety of the Conftitution of your
country. You will do juftice to the prifoner, as a Member
of Society, and you will alfo do juftice to your country.
You will not be deluded by pretences, but you will confider
what the truth is, and you will give it the credit of truth.
EVIDENCE.
Thomas Maclane feized the books and papers of Adams,
on the 12th of May laſt-the book fhewn was one.
Mr. William Woodfall believes the part fhewn to be the
hand-writing of Mr. Tooke.
Cross-examined by Mr. Tooke.-He has feen him write
feventeen years ago, and has received papers which he be-
lieves to have been of his writing fince.
Mr. Garrow faid, he propofed reading minutes of the
meeting of the 28th of March, 7794-Which, being read,
Mr. Tooke was ſtated to have been prefent.
Mr. Tooke afked whether that was fufficient evidence of
his being there-merely becauſe his name had been found
in that book? He argued that a fociety was in fact no-
body, fuppofing the first fix letters of the alphabet met, and
voted white; fix following met, and voted black; which
oould be ſaid to be the refolution of the fociety? He in-
ferred that it ſhould be proved he was agreeing to every
thing charged againſt him.
The Chief Justice obferved, it was difficult to fay what
was, or was not, evidence:-There might be a chain, of
which
Published by ALLEN & WEST, No. 15, Paternofter-Row. 195
which this perhaps might be a link. It muſt be aided cer-
tainly with other evidence more conclufive.
Mr. Erfkine faid, he felt no emotion, becauſe he had al-
ready the opinion of a Jury upon the ſpirit of thoſe papers;
but he ſhould ſhortly trouble the Court. The overt act
charged, was confenting to affemble a Convention, &c. of
this one link of the evidence, was the paper produced. He
conceived, before it was read, it muſt be brought home to
the priſoner; becauſe, otherwife it might make an impref-
fion on the minds of the Jury, and afterwards prove not to
attach. He conceived this rule, founded in great wiſdom,
on a knowledge of the human heart, and of the imperfec-
tions of human nature.
Daniel Adams, Secretary to the Conſtitutional Society,
was called to prove the books, &c. He faid he had been
Secretary for ten years paft. The entries were regularly
made in a book; names were frequently in the book,
though the perfons were not prefent, becauſe their names
were entered at the time they came into the room, although
perhaps they did not ſtay. They frequently dined toge-
ther, and many members left the place after dinner; by
that means their names, were entered, though not actually
prefent. He entered the proceedings from minutes hand-
ed by different people. It fometimes happened, that when
a perfon was in the chair, after he had left it, that ano-
ther was placed in it without its being noticed in the mi-
nutes.
Cross-examined by Mr. Tooke.-There was another club
that uſed to dine together. He recollects, on the 25th of
October, when the motion, refpecting fending Delegates
to Edinburgh, was difcuffed, that Mr. Tooke was not pre-
fent. He was gone. On the 28th he was not there. He
knew, and it was generally understood by the Society, that
Mr. Tooke diſapproved of the meaſure of fending Dele-
gates to Scotland. He remembers, a report prevailed, that
Mr. T. was bribed. Yorke did not go, becaufe there was
no money for him, and but little for Sinclair. He wrote
to Sinclair, advifing his return. He believes Mr. T. never
fubfcribed to that purpofe. They adjourned, after fending
Delegates to Scofland, from the 1ft of November to the 6th
of December, thence to the 10th of January. On the 21ft
of June, 1793, Mr. Yorke was prefent, and puſhed hard
↑
Bb
་
for
198 TRIAL of JOHN HORNE TOOKE, for High Treason,
for another meeting; an addrefs to the nation was directed,
but never brought up. Mr. Tooke wifhed to adjourn for
a diftant period.
Mr. Tooke here obſerved, that the conduct of Mr. Yorke,
three hundred miles diftant, was a part of the charge; fo
that, in fact, although he had been prevented from doing
improperly here, yet afterwards, what had been done at that
diſtance, was brought back to load him here.
The Chief Justice faid, it would not attach, unleſs in
confequence of fome fubfequent act.
Mr. Adams continued-He remembers Mr. Tooke ad-
viſed them to lay upon their oars. The members of the
Society did not ufe to read the book of the proceedings-
They did not ever talk of pikes, mufkets, or any other
arms. The members were not all of the fame way of
thinking. There was no Secret Committee; although
there appeared a refolution for printing 100,000 copies of
a book, yet very few were printed. It had been the cuf
tom to diſtribute pamphlets, but not within theſe laſt three
years. They had no correfpondents in Ireland. He be-
lieves he has heard Mr. Tooke exprefs himſelf in favour of
univerfal fuffrage. He never underſtood or believed any
of the members wifhed to fubvert the Conftitution, but
that they were defirous of a Reform in the Houſe of
Commons. He never kept back any correfpondence
whatever.
Mr. Adams, on his croſs examination, admitted he was
prefent at the anniverſary of the 2d of May; but he did
not recollect exactly what paffed there, or what Mr. Tooke
ſaid. The object of the meeting was a Parliamentary Re-
form; but they differed about the means of obtaining it.
He well remembered fending to the Society in Scotland,
but could not take upon him to fay if there was an
anfwer.
In respect to the meeting at Wimbledon Common, he
would not ſwear that Mr. Tooke either was prefent, or
faid he would go there. [Here the Prifoner obferved,
that he did not wish to fee Liberty abroad-he loved
it at his own home.] The Witneſs well recollected
the toaſt given at the meeting of the Society, in the fol-
lowing words: "May the people of this country never
I forget or forfake the prefent family on the throne, un-
66
❝ til
Publiſhed by ALLEN & WEST, No. 15, Paternoster Row. 197
<<
"til that family fhall appear, by their conduct, to have
forgotten and forfaken the principles which placed them
"on it." He did not recollect, in the books of the So-
ciety any French phraſes, nor any refolutions for inferting
the debates of Barrere, &c. as made in the National Affem,
bly of France. The letters of Margray, he ſaid he did
not fee, but thoſe from Margarot to the Secretary of the
London Correfponding Society he did.
Crofs examined by the Attorney General.-Mr. Adams, you
have been led through a long train of queſtions, on a great
variety of fubjects; be fo good as to look to the proceedings
of the 11th of April, (thewing him a paper) beginning
"Mr. Joyce made the report."
2. You have faid that the refolutions when taken down
were not always in your own hand-writing; there are three
reſolutions ſtated, can you recollect what part, or whether
any part of the third of theſe refolutions is in the hand-
writing of Mr. Tooke?-A. Theſe refolutions were co-
pied by me from a rough draught; and I really cannot take
upon me to fay by whom they were written.
2. In whofe hand-writing are the refolutions of the
Meeting of the 24th of January, 1794?-A. They allo
were copied from a rough draught.
2. Did you know that the London Correfponding Soci-
eity had met four days before?-A. I never attended any
meeting of that Society.
2. Turn back to the proceedings of the 17th of Janu-
ary, on which day Mr. Tooke appears to have been in the
chair. In whofe hand-writing are the refolutions on that
day?-A. The latter part of them is in my own.
2. Do you mean then to fay, that they were begun by
another whom you cannot recollect, and then finiſhed by
you?-A. I was often during the meeting called out of
the room.
2. You cannot then take upon you to fay, by whom the
first part of theſe refolutions may have been written?-4. I
believe that they may have been written by Mr. Bonney, but
cannot be confident.
Mr. Adams was then examined as to the proceedings of
the Society at a variety of periods, as recorded in the books.
In feveral inſtances he could not fwear to Mr. Tooke's
hand-writing, nor even expreſs any belief or opinion upon
Bb 2
the
198 TRIAL of JOHN HORNE TOOKE, for High Treafon,
the fübject. In' all thefe cafes Mr. William Woodfall 'was
called to fupply the deficiency of his evidence.
}
Being asked by Mr. Tooke what he meant by the word
Society, when he faid that fuch and fuch refolutions were
paffed by the Society, he replied, he meant that fuch refo-
lutions were paffed by a majority of the perfons préfènt,
that majority did not always confift of the fame perfon's even
for the fame evening; and he inferted the Refolutions in
the books without knowing who were the perfons by whom
they had been carried. At one time when Mr. Tooke ap-
peared by the books to have been prefent, the witnefs recol-
lected from circumftances that Mr. Tooke was not pre-
fent.
The Lord Chief Juftice obfèrved to the Jury, that what
they had heard from the books was merely to lay the ground
for making admiffible the Papers intended to be offered as
evidence' on the part of the profecution.
Several of the Papers and the Extracts from Paine's
Rights of Man produced on the trial of Mr. Hardy, were
then read. Some delay arifing in bringing forward the
witnefles to identify theſe Papers,
Mr. Tooke faid, that to fave time and trouble, he would
admit fuch of them at he knew any thing of.
The Lord Chief Justice faid he would not, in a trial of
this kind, bind Mr. Tooke, even by his own admiffion.
The proof muſt be ſtrictly regular.
Mr. Tooke faid he was afraid, that by the formality of
regular proof, the Jury might be led to give more weight
to thefe Papers than they deferved. When they ſaw an
Attorney and Solicitor General taking particular pains, and
confuming time to fubftantiate papers, they might conceive
that things which he confidered as indifferent, were things
of importance.
The Lord Chief Juftice ſaid he had already delivered the
opinion of the Court.
Mr. William Woodfall was called to prove the hand-
writing of the next paper produced. Mr. Tooke faid he
admitted it. Mr. Woodfall's evidence was, however,
taken.
A Letter from Mr Cooper, late of Mancheſter, was
read. The purport of it was to afk Mr. Tooke's opinion.
of an abridement of Paine's Rights of Man, which Mr.
Cooper
Publiſhed by ALLEN & WEST, No. 15, Paternofter-Row. 199
Cooper had been requeſted to make by the Mancheſter So-
ciety,
John Thompſon proved that this Letter had been found in
Mr. Tooke's houſe.
Mr. Tooke. I know not what Papers may have been
taken from my houfe fince I was taken into cuftody. Are
letters written to me to be produced in evidence againſt
me?
The Lord Chief Juftice faid, that all Papers found in his
poffeffion were admiffible evidence.
How the contents
would apply to him would depend on proof that he had in
fome way or other acted upon them.
Mr. Tooke faid, that, if fo, he might be convicted al-
moſt of any thing; for although he did not anſwer letters,
he had letters fent to him of all forts. The day before he
was taken into cuftody, he received a letter affirming that
the writer was God the Father, God the Son, and God
the Holy Ghoft, which was fupported by various quotations
from ſcripture.
The Lord Chief Justice.-If you can treat them all with
as much fuccefs as the letter of this correfpondent, you
will not have much to fear.
Another letter from Mr. Cooper was read, ftating that a
Paper fent by Mr. Tooke could not be circulated, becauſe
the Printers of the Mancheſter Newfpapers would not in-
fert it; aſking advice about ſetting up a Democratic Newf-
paper at Mancheſter ; and complaining that he had received
no anſwer to his former letter.
John Gurnell identified an original draft of the Plan of
the London Correfponding Society, found in the poffeffion
of Mr. Hardy.
Mr. W. Woodfall proved that fome alterations made in
it, were the hand-writing of Mr. Tooke.
Thomas Maclean identified a letter from the Sheffield So-
ciety, addreffed to Mr. Adams, and found in his poffeffion.
The Counſel for the Crown feemed at first to think that
fufficient ground was not laid for reading this letter, but af-
terwards infifted on its being read. Mr. Erfkine and Mr.
Gibbs objected, and after a fhort argument, the Court de-
cided that it ſhould be read.
•
The Lord Chief Justice faid, they were come to a time
of night when it was neceffary to confider of the future
mode
200 TRIAL of JOHN HORNE TOOKE, for High Treafon,
mode of proceeding. The Prifoner had faid in the morn-
ing that he would not request an adjournment of the Court
till the trial was clofed, becauſe he apprehended it to be
contrary to law. On that the Court muſt decide, and be-
fore deciding wished to hear both parties.
The Attorney General faid, the evidence for the profecu-
tion would neceffarily require a good deal of time, but he
was ready to do his duty in whatever way the Court ſhould
direct.
Mr. Tooke faid, he felt only for public Juftice on the
occafion, not for himſelf. He left the matter wholly to
the Court. He would make no requeſt, for to comply
with fuch a requeſt againſt the known forms of proceeding
would be improper. Where the law was clear, even the
confent of parties could not juftify a deviation from it.
The Lord Chief Justice faid, Mr. Tooke was perfectly
correct. Since the commencement of the former trial,
the fubject had employed much of the attention of the
Court. The law, to which he did not know any excep-
tion in point of precedent, was, more eſpecially in cri-
minal caſes, that the Jury after being impannelled could
not adjourn or feparate, or have accefs to them allow-
ed, till they had given their verdict. He quoted the
caſe of the trial of a Peer, not before the High Court of
Parliament, but by a Jury of His Peers, where the twelve
Judges being confulted, delivered this as their opinion on
the general principle which guided the Courts in which
they prefided; but they gave no opinion as to the rule for
any other Court. Hence it was clear that there could
be no feparation or adjournment, except in cafes of
fuch evident and urgent neceflity as unleſs yielded to
would defeat the ends of juftice, upon which the prin-
ciple was founded. In a cafe where it was manifeſt
either that the evidence could not be fully heard, or that
human faculties without relaxation must be unequal to the
taſk, to inſiſt on proceeding according to the ſtrict rule
would be to deliver over the life and honour of the Priſoner,
and the juftice of the country, to the mere accident of ſuch
a verdict as a Jury might give when reduced to a ſituation
in which they could not poffibly exercife their underſtand-
ing. The former trial had taken up two hundred hours;
and,
Fubliſhed by ALLEN & WEST, No. 15, Paternofter-Row. 201
he
and, even in the way in which this was proceeded upon,
had felt the fatigues. If one Judge were to fink under the
fatigue, one of his brothers on the Bench might ſupply his
place; but if a Juryman were to be deſtroyed, the trial
muſt begin anew, with this diſadvantage to the Priſoner,
that he might come to trial the fecond time, after the greater
part of his means of defence had been difclofed. Neceffity,
well eſtabliſhed, might therefore over-rule or modify the
general principle, provided the trial was proceeded on with
all poffible diligence. He would not put the Prifoner upon
afking any thing; for he was clearly of opinion that the
Court ought to take the whole upon itfelf.
The Lord Chief Baron faid the principle was, that after
the Jury were impannelled, they thould be inacceſſible.
The mode of affecting this had hitherto been, by not ſuffer-
ing them to go out of Court: but if, in a cafe of evident
neceffity, this was fecured in fome other way, the principle
would not be effentially trenched upon. He was alſo of
opinion, that the Priſoner had nothing to do with fettling
this, and that it ought to be decided by the Court.
Mr. Tooke then faid, he was afflicted with a very painful
diforder, which made it neceffary for him to be up four
hours before he could come into Court, and if fome time
were not allowed him for fleep, it would be impoffible for
him to hold out.
The Lord Chief Justice asked what the Court could do,
with an affurance that every poffible allowance for Mr.
Tooke's infirmity fhould be made. It was intended to
begin at nine in the morning precifely, and to go on till
nine at night, allowing only in the middle of the day a
quarter of an hour for refreſhment.
Mr. Tooke faid, this arrangement would allow him all the
time he wished for.
At half an hour paſt ten the Court was adjourned, and
the Jury were conveyed to accominodations prepared for
them at the London Coffee-houſe.
SECOND
202 TRIAL of JOHN HORNE TOOKE, for High Trean,
SECOND DAY.
TUESDAY, NOVEMBER 18.
The Court fat at nine o'clock in the morning, when the
Counſel for the Crown proceeded with their written evi-
dence.
Mr. Bower called a witneſs of the name of Maclane,
who proved that a letter, dated the 14th of March 1792,
from the Sheffield Conftitutional Society, was found in the
poffeffion of D. Adams, Secretary to the London Conftitu
tional Society.
Mr. W. Woodfall proved, that two alterations made in
that letter were in the hand-writing of Mr. Tooke. The
firſt amendinent that was inferted by Mr. Tooke was, a ra-
dical Reform of the Country, inftead of radical Reform of the
Government, as it originally ftood.
Mr. Bower next directed the attention of the Court to
the minutes of the London Conftitutional Society, on the
17th of March 1792. On that day there was a Meeting
held at No. 4, Tooke's Court, Chancery-lane, at the houfe
of.D. Adams, Secretary to the Society, when Mr. Tooke,
Mr. Froft, Mr. Thomas Paine, Dr. Towers, &c. were
prefent. They read, among other things, a communica-
tion which they had received from the Mancheſter Socięty
which expatiated at great length on the importance of the
works of Mr. Thomas Paine, The Conflitutional Society
returned thanks to the Mancheſter Society for their commu-
nication, and heartily concurred with it in certain Refolu-
tions reſpecting Mr. Paine's works; and alſo refolved, that
thefe Refolutions fhould be publiſhed twice in the Times,
Poft, Chronicle, World, English Chronicle, &c. The So-
ciety alſo choſe Joel Barlow, and another Gentleman, hopo-
rary Members of the London Conſtitutional Society.
Mr. Bower next read the minutes of the London Con-
ftitutional Society, dated March 23, 792.
The learned Counſel proved by Mr. Woodfall, that the
fignature of Thomas Hardy, to a letter which purported to
have been ſent by him in the name of the London Correſ-
ponding Society, to the London Conftitutional Society, &c.
✰ was
Publiſhed by ALLEN & WEST, No. 15, Paternoster-Row. 205
was in the hand-writing of Mr. Tooke. He admitted that
it was his hand-writing. That letter contained the fol-
lowing Refolutions:
"Refolved, That every individual has a right to ſhare in
the government of that Society of which he is a Member,
unleſs incapacitated.
"Refolved, That nothing but non-age, a privation of
reaſon, or an offence against the general rules of ſociety,
can incapacitate him.
"Refolved, That it is no leſs the right than the duty of
every citizen to keep a watchful eye on the government of
his country, that the laws, by being multiplied, do not de-
generate into oppreffion; and that thoſe who are intruſted
with the government, do not fubftitute private intereſt for
public advantage.
"Refolved, That the People of Great-Britain are not
properly repreſented in Parliament.
"Refolved, That, in confequence of a partial, unequal,
and inadequate reprefentation, together with the corrupt
method in which reprefentatives are elected, oppreffive
taxes, unjuſt laws, reftrictions of liberty, and wafting of
the public money, have enfued.
"Refolved, That the only remedy to thofe evils is a fair
and impartial repreſentation of the people in Parliament.
L
"Refolved, That a fair and impartial repreſentation can
never take place, until partial privileges are aboliſhed; and
the ſtrong temptations held out to electors, affords a pre-
fumptive proof that the reprefentatives of this country fel-
dom procure a feat in Parliament from the unbought fuf-
frages of a free people.
Refolved, That this Society do exprefs their abhor-
rence of tumult and violence, and that, as they aim at Re-
form, not anarchy, reaſon, firmneſs, and unanimity be the
only arms they employ, or perfuade their fellow-citizens to
exert, againſt abuſe of power."
The copy of a letter from Lord John Ruffell, to J. Cart-
wright, Efq. Chairman of the Society for Conftitutional
Information was next read; that letter was dated Freema-
fons' Tavern, Saturday, May 12th, 1792.
The following Refolutions, dated March 24th, 1792,
were ſent by the United Societies of Norwich, to the Lon-
C c
don
204 TRIAL of JOHN HORNE TOOKE, for High Treafon,
don Conſtitutional Society, and were ordered to be read by
the Counfel for the Crown.
Ift. We are happy to fee the fuccefs of the Sheffield
Society for Conftitutional Reform, and approve of the De-
legations 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 with that all
the Societies of a fimilar kind in England were only as fo
many Members, ftrongly and indiffolubly united in one political
body.
2dly. "We believe that inftructing the people in politi-
cal knowledge, and in their natural and inherent rights as
men, is the only effectual way to obtain the grand object
of Reform; for men need only be made acquainted with
the abuſes of government, and they will readily join in
every lawful means to obtain redrefs. We have the plea-
fure to inform you that our Societies conſiſt of fome hundreds ;
and new Societies are frequently forming, which by delegates
preferve a mutual intercourfe with each other, for inftruction
and information, and the greateſt care has been taken to
preſerve 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, that Mr.
Burke (the once friend of liberty) has traduced the greateſt
and moſt glorious Revolution ever recorded in the annals of
hiſtory. We thank Mr. Burke for the political diſcuſſion
provoked, and by which he has opened unto us the dawn of
a glorious day.
4thly. To Mr. Thomas Paine our thanks are eſpecially
due, for his first and fecond Part of the Rights of Man; and
we fincerely with that he may live to ſee his labours crowned
with fuccefs, in the general diffufion of liberty and happineſs
among mankind.
5thly. "We view, with concern, the late diſcoveries re-
lative to the Weſtminſter Election, in 1788, and conceive
ourſelves, and all true friends of freedom, under great obli-
gations to Meffrs. Thomſon, Wyndham, Francis, Tay-
lor, and all the noble and ſpirited MINORITY, for their
exertions, in order to diſcover the true fource of that abo-
minable and iniquitous procedure.
6thly. "We congratulate our brethren in the various
parts
Publiſhed by ALLEN & WEST, No. 15, Paternofter-Row. 205
parts of the kingdom, on the progrefs of political know-
ledge, and earneſtly intreat them to increaſe their affeciations,
in order to form one grand and extenfrue union of all the friends
of general liberty and we hope the time is not far diftant,
when the people of England will be equally and faithfully
repreſented in Parliament."
The copy of another letter, dated April 26th, 1792, was
here read, from the Norwich Societies, to the London So-
ciety for Conſtitutional Information.
The Attorney General next produced the Addrefs of the
London Conftitutional Society, to the Jacobins of Paris,
and deſired that it might be read. It was as follows :
ADDRESS.
"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 Society
of Mancheſter, and united with our Society, has beerr-com-
municated to us by the correſpondence of thoſe gentleinen.
"In offering you our congratulations on the glorious Re-
volution which your nation has accompliſhed, we ſpeak a
language which only fincerity can dictate.
"The formality of Courts affords no example to us. To
do our thoughts juftice, we give to the heart the liberty it
delights in, and hail you as brothers.
"It is not among the leaſt of the Revolutions which
time is unfolding to an aftoniſhed world, that two nations,
nurfed by fome wretched craft in reciprocal hatred, fhould
fo fuddenly break their common odious chain, and ruſh into
amity.
?
"The principle that can produce fuch an effect, is the
offspring of no earthly Court; and whilft it exhibits to us
the expenfive 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 hitherto been generally practifed over
the world; to feed the avarice and gratify the wickedneſs
of ambition, the fraternity of the human race has been de-
Itroyed; as if the feveral nations of the earth had been
C c 2
created
206 TRIAL of JOHN HORNE TOOKE, for High Treafon,
created by rival gods. 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 univerfal benevolence which the mo-
rality of every known religion declares, he has been politi-
cally bred to confider his fpecies as his natural enemy, and
to deſcribe virtues and vices by a geographical chart.
"The principles we now declare are not peculiar to the
Society that addreffes you, they are extending themſelves,
with accumulating force, through every part of our coun-
try, and derive ſtrength from an union of caufes, which no
other principles admit.
The religious friend of man, of every denomination,
records them as his own; they animate the lover of ra-
tional liberty, and they cherish the heart of the poor, now
bending under an oppreffion of taxes, by a proſpect of re-
lief.
"We have againſt us only that fame enemy which is the
enemy of juſtice in all countries-a herd of courtiers, fat-
tening on the ſpoil of the public.
"It would have given an additional triumph to our con-
gratulations, if the equal rights of man (which are the
foundation of your declaration of rights), had been recog-
nized by the Governments around you, and tranquillity efta-
bliſhed in all but if defpotiſms be ſtill reſerved, to exhibit,
by confpiracy and combination, a further example of infa-
my to future ages, that Power that difpofes of events, beſt
knows the means of making that example finally beneficial
to his creatures.
:
"We have beheld your peaceable principles infulted by
defpotic ignorance: we have feen the right hand of fellow-
thip, which you hold out to the world, rejected by thoſe
who riot on its plunder: we now behold you, a nation pro-
voked into defence, and we can fee no mode of defence
equal to that of eſtabliſhing the general freedom of Eu-
1ope.
"In this beſt of cauſes we wish you fuccefs. Our
hearts go with you; and, in faying this, we believe we ut-
ter the voice of millions."
They
Publiſhed by ALLEN & WEST, No. 15, Paternoster-Row. 107
They next read the following letter from Thomas Paine,
dated May 18th, 1792, and directed to the Chairman of
the Society for Conſtitutional Information.
-SIR,
London, May 18, 1794-
• The honourable patronage which the Society for Con-
ſtitutional Information has repeatedly given to the Works,
intitled "Rights of Man," renders it incumbent on me to
communicate to them whatever relates to the progrefs of
thoſe Works.
· A great number of letters, from various parts of the
country, have come to me, expreffing an earneſt deſire that
the Firſt and Second Parts of "Rights of Man," could be
rendered more generally uſeful, by printing them in a cheaper
manner than they have hitherto been. As thoſe requeſts
were from perfons to whom the purchaſe at the preſent
price was inconvenient, I took the proper means for com-
plying with their requeſt.
I am fince informed, that the Miniſtry intend bringing
a Proſecution; and as a Nation, (as well the poor as the
rich) has a right to know what any Works are that are
made the ſubject of a Profecution, the getting out a cheap
edition is, I conceive, rendered more neceffary than before,
as a means towards fupporting that right;-and I have the
pleaſure of informing the Society, that I am proceeding
with the Work.
•
'I am, &c.
To the Chairman of the Society
for Conftitutional Information.
• THOMAS PAINE.
The Society took into confideration the contents of the
aforefaid letter, and came to the following Refolutions:
.
Refolved, That the thanks of this Society be given
to Mr. Thomas Paine, for the communication he has
made, and for the patriotic difintereſtedneſs manifeſted
therein.
Refolved, That this Society will contribute its utmoſt
aid towards ſupporting the Rights of the Nation, and the
Freedoin of the Prefs, and him who has fo effentially and
fuccefsfully contributed to both.
Refolved, That the right of inveſtigating principles and
fyſtems
108 TRIAL of JOHN HORNE TOOKE, for High Treafon,
fyitems of Government is one of theſe rights; and that the
Works of any Author, which cannot be refuted by reaſon,
cannot, on the principles of good Government, or of com-
mon ſenſe, be made the fubject of a Profecution.
• Refolved, That the exceffive taxes which this country
pays, being now 17 millions annually, give an additional
motive for the exercife of this right, and render it, at the
fame time, a more immediate duty the Nation owes to it-
felf, to enter upon and promote all fuch inveſtigations.
}
Refolved, That a Committee be appointed to enquire
into the rumour of the above-mentioned profecution; and
to report thereon to the Society at its next meeting.
• Refolved, That, a copy of Mr. Paine's letter, together
with theſe Reſolutions, be tranfmitted to all the affociated
Societies in town and country; and that this Society do con-
gratulate them on the firm and orderly ſpirit, and tranquil
perfeverance, manifefted in all their proceedings, and exhort
them to a ſteady continuance therein.
Refolved, That 3,000 copies of the above Letter and
Refolutions be printed, for the uſe of this Society.'
It was proved by Mr. Woodfall, that the rough draft of
thefe Refolutions was corrected in the hand-writing of Mr.
Tooke; and it was proved by Maclane, that they were
found in the cuftody of Mr. Adams.
The Attorney General next read out of a book belonging
to the Conſtitutional Society, the fums of money that
had been expended for publiſhing the Addreſs to the
Jacobins at Paris, &c. in the Argus, and other daily
prints.
At a Meeting of the Conftitutional Society, held on May
25th, 1792; among other matters was read a paper, 'called
a Proclamation, dated the 21ft inft. for fuppreffing feditious
publications,
The Society came to ſeveral Refolutions on this Procla-
mation, the laft of which is:
• That the monstrous enormity and grievance of the pre-
fent National Debt;
The grievous oppreffion of Seventeen Millions annu-
ally of Taxes;
The fcandalous duration of Parliaments for Seven
Years;
• Private
Publiſhed by ALLEN & WEST, No. 15, Paternoſter-Kow. 109
• Private Proprietors of Boroughs, falfely pretending to
be, and really acting as, Repreſentatives of the People;
Judges claiming, in all cafes, and under all circum-
ftances, the determination of the criminality or innocence
of any act, exclufively of the Jury; expenſive armaments,
and menacing proclamations and encampments in time of a
profound peace:
Theſe things we cannot believe either wife or whole-
fome; and we declare it to be a fatal omiffion, at the time
of the Revolution, that thefe things were not fufficiently
guarded againſt; and we feel it our duty, to the utmoſt of
our power, to obtain a full and fair reprefentation of the
people, which we hold to be the only effectual fecurity, for
their rights, liberties, and property, and to be the only méa-
fure that can produce" that due fubmiffion to the laws,
and that juſt confidence in the integrity and wiſdom of
Parliament," which are declared in the faid paper, called a
Proclamation, to be "the chief caufes (under Providence)
of the wealth, the happineſs, and the profperity of the
kingdom.
The Counſel for the Crown next read a letter from the
London Correſponding Society, to the Society for Conſti-
tutional Information, ftating, that they had opened a Sub-
fcription for the defence of Mr. Paine, and that they wish-
ed fix of their Members might be affociated with this
Society. Several Refolutions paffed at this Meeting, the
laft of which was in Mr. Tooke's hand-writing, and is
thus:
"Refolved, That 12,000 copies of Mr. Paine's Letter
to Mr. Secretary Dundas be printed by this Society, for
the purpoſe of being tranfmitted to our Correfpondents
throughout Great Britain, and that a Committee be ap-
pointed to direct the fame."
At a Meeting of the London Conftitutional Society,
22d of June 1792-" A Member reported, that an in-
formation was filed againſt Mr. Paine, for his publication
of the Rights of Man.
Ordered, "That the Subſcription entered into for the
benefit of Mr. Thomas Paine, be entered into a ſeparate.
part of the book, and kept open for the members of this
Society."
Thomas
tto TRIAL of JOHN HORNE TOOKE, for High Treason,
Thomas Chapman was here called, and examined by Mr.
Garrow. He faid he had printed the Firſt Part of the
Rights of Man, and had proceeded to page 128 in the Second
Part; it was then taken out of his hands.
Mr. Jordan was next examined; he did not recollect de-
livering to Mr. White a copy of the Second Part of the
Rights of Man, though he had feen Mr. White on the
fubject of that book. The Second Part of the Rights of
Man being put into his hands, he ſaid he knew that indi-
vidual book had been in his poffeffion before, becauſe
he faw his hand-writing upon it. He obferved, that a
perfon of the name of Huntley bought it for him.
He could not recollect whether he had given that book
to Mr. White, though he rather thought that he might
have given him it. He underſtood his name was put
to it; he thought Mr. Johnſon would not have printed it
with his name upon it; he admitted that Mr. Johnſon had
his confent to put his name to it; he alfo admitted that he had
publiſhed fome copies of the Second Part of the Rights of
Man, of which, the book he held in his hand was a copy.
He publiſhed it for Mr. Paine; he had an account on the
fubject of that publication with Mr. Paine. He faid he
knew Mr. Tooke, but did not recollect feeing him refpect-
ing the publication of the Rights of Man; but after a pro-
fecution had been commenced againſt him, for publishing
the Second Part of the Rights of Man, he went to Mr.
Tooke's, in confequence of a letter which he had received
from Mr. Paine. He expected to have met with Mr. Paine
at Mr. Tooke's. He and Mr. Tooke had a little diſpute
about his being fo timid; Mr. Bonney was then preſent.
He ſaid, he was fearful of trufting Mr. Bonney with his
defence. He recollected Mr. Tooke faid, he might reſt
very quiet, and might go home and mind his buſineſs, and
that Mr. Bonney would give him any inſtructions that were
neceffary.
On cross-examination, he faid he could not fay that the
book he bought was one of the books he publifhed; but
the books that he publiſhed were nearly fimilar to it.
Theſe books had the fame appearance, were printed on
the ſame lettér, were of the fame fize, and were on the
fame fort of paper. He took notice that there was a ſmall
edition
Publiſhed by ALLEN & WEST, No. 15, Paternoster-Row. 211
edition of Paine's Rights of Man, with which he had no-
thing to do.
Mr. Erfkine did not think that was fatisfactory evidence.
Lord Chief Justice Eyre.-The queſtion was agitated be-
fore, and we were of opinion, in refpect of a book pub-
liſhed through the town, that this was reaſonable evidence.
to go to a jury, that it was the ſame book.
Mr. Shelton read a number of thoſe paffages, from the
Second Part of the Rights of Man, which appeared to be
moſt violent againſt Monarchy, and all hereditary Govern-
ment. When he had finished thofe paffages, Mr. H.
Tooke faid, he believed he had a right to requeſt, that the
Preface to the Second Part of the Rights of Man, might
be read. It was read accordingly.
Mr. Lauzun looked at a book that was put into his
hand, and faid he had found it among the books in Mr.
Adams's houſe. It was one of Paine's Letters to Mr.
Secretary Dundas, which had been printed and diſtribut-
ed gratis, at the expence of the London Conſtitutional So-
ciety.
This Letter was read by Mr. Shelton.
Mr. Thornton next ſpoke to a letter from Mr. Hardy
to Mr. Tooke, giving him an account of the progrefs of
the London Correfponding Society. It was dated July
24th, 1792. The Secretary talked about their inciealing,
and fending out colonies, by forming a 11th and 12th di-
vifion of the fociety.
Mr. Thompſon proved, that on the 8th of Auguſt 1792,
Mr. Hardy fent a letter to Mr. Tooke, defiring him to
revife an Addrefs to the Public, of the London Corref-
ponding Society, and afking his opinion whether it would
be proper to fend a copy of it to the Secretary of the Con-
ftitutional Society.
Mr. Tooke crofs-examined this witnefs. He was afked
how he got the letter he had produced? He anfwered that
the papers that were feized in Mr. Tooke's houſe, were
divided among feveral perfons, and that he found that letter
among the parcel that was entruſted to him.
Mr. Tooke aſked him if they had taken away all the
all the papers
that were in his houfe? He was certain there were inore
papers in his houfe than any perfon could look over in a
year. He was furpriſed how his papers came into the pof-
Dd.
feffion
212 TRIAL of JOHN HORNE TOOKE, for High Treafon,
feflion of ſo many different perfons. He thought it rather
extraordinary that fo many Police officers had been ad-
mitted into his houſe, and what he had loft he could not
tell.
The witneſs faid, they did not take away all his papers;
and, on his re-examination, by Mr. Attorney-General, he
faid, Mr. Froft and Mr. Vaughan were prefent; and that
Mr. Vaughan took a lift of every paper that was taken out
of Mr. Tooke's houſe. The witnefs did not know whether
Mr. Hot and M. Vaughan were there by appointment.
A letter was put into Mr. Thompfon's hand, and, on
looking at it, he faid he found it in Mr. Tooke's houſe.
That letter was dated Sept. 15, 1792, from M. Margarot,
addreſſed to John Horne Tooke, Efq.
It was to this effect:
"M. Margarot wishes to fubmit to your confideration,
whether a plan might not be adopted for obtaining the affent
of all the different Societies throughout the nation, to an
animated but ſafe declaration, affuring the French, that we
entertain the moſt friendly difpofitions, &c. &c. towards
them; and that we will, to the utmoſt of our power, dif-
countenance all hoftile attempts on the part of the Miniſtry,
fhould they be baſe enough to forfeit the nation's plighted
faith of neutrality.
M. Margarot conceives that fuch a meaſure would do
much more good than a fubfcription, which, however,
would be in no ways impeded hereby. Such a declaration
would certainly quiet their jealoufies, with regard to the
English, and would encourage them in their arduous ftrug-
gles, while the number of well-wifhers to their caufe might
come forward here with only their fignatures to this declara-
tion, which would give a moſt ſevere check to all under-
handed attempts."
The next evidence was that of a letter from Mr. Hardy
to Mr. Tooke, dated the 16th of September, 1792, of
which the following is the fubftance :
« Sir,
"Mr. Margarot would be glad to know your opinion on
the propofition he has fubmitted to your judgment. I
think with him that it would have a good effect, and at the
fame time the fubſcription would go on as it now does.
Ten or twenty thouſand ſignatures would have more weight
than
Publiſhed by ALLEN & WEST, No. 15, Paternofter-Row. 213
than as many thouſand pounds, for ten men might fubfcribe
the fum.
Your humble fervant,
THOS, HARDY."
The Evidence then called, related to addreſſes of the So-
cieties, by way of Thanks, to Mr. Barlow, &c. for his
book, and afterwards, the Addrefs prefented at the bar of
the National Convention, on behalf of the Conftitutional
Society (in the proceedings of which Mr. Tooke affiſted,)
and of the account of the manner in which they were re-
ceived and anſwered, and then the Thanks of the Conftitu-
tional Society for what had been thus done, &c.
Mr. Thornton proved his having found at Mr. Tooke's
houſe, a draft of a Letter, which Mr. Woodfall thought
was of the hand-writing of Mr. Tooke.
The ſubſtance of the Letter was, that 4000 Livres were
fent with it to Paris, to affilt the French in defraying the
expence of the War, against all Tyrants who might oppofe
the Liberty of the French, without excepting any of them,
even if it ſhould be his own Country, and withing to know
the name of a Merchant in London, who might be truſted
to receive fubfcriptions, &c.
The next letter was faid to be an anſwer to the laft, and
found in Mr. Tooke's houſe, purporting to come from Mr.
Petion, the then Mayor of Paris, acknowledging the re-
ceipt of the former, politely returning thanks, and giving
affurance, that the name of a proper Merchant for the re-
quired purpofe in London, would be fent foon, &c.
One of the Fury aſked the time of ſending the firſt letter.
Mr. Erfkine laid, it must be long indeed before the war be-
tween Fiance and us, if it was when Petion was Mayor of Paris.
The Jury having retired a few ininutes for foine refreſh-
ment, when they returned to their Box, the Counſel for the
Profecution proceeded with the written evidence. A letter
was read from the Editors of the Patriot, at Sheffield, to the
Secretary of the Society for Conft tutional Information, and
the Minutes of a Meeting of the Society on the fubject of
this letter. A letter was then read from Stockport, to Mr.
Haidy, Secretary of the London Correfponding Society.
They were proceeding with fome other papers, when
Mr. Erskine remarked, that he understood they were
going to read the draft of an anſwer meditated to have been
fent by Hardy to the letter from Stockport. and found in his
poffeffion; and aſked, upon what principle of juſtice or com-
D d 2
mon
214 TRIAL of JOHN HORNE TOOKE, for High Treafon,
mon ſenſe fuch a letter could, in the preſent inſtance, be
brought as evidence againſt Mr. Horne Tooke?
Chief Justice Eyre. That objection has already been ſo
often made, that I am rather fuiprifed to find it thould be
again repeated. The letter in queſtion is brought as evi-
dence againtt Hardy.
Mr. Erskine.-He, my Lord, is acquitted; and how can
that which was infufficient to convict him be brought as
evidence againſt the Priſoner?
Chief Justice Eyre.--The charges brought againſt the
Prifoners relate to tranfactions in which feveral perfons,
and among others Hardy, were involved: though a Jury
have determined that the fhare which Hardy had in thofe
tranſactions was not criminal, it does not however prevent
whatever is connected with them from being evidence
againſt the Priſoner.
The reading of fome other papers finiſhed the written
evidence for 1792, when the Clerk proceeded to read from
the Minutes of the Society for Conftitutional Information
thofe Refolutions which paffed in the beginning of 1793,
appointing St. André and Barrere Honorary Members, and
ordering their fpeeches to be inferted in the books of the
Society.
7. De Boffe was called to prove copics of the Moniteurs,
in which thoſe ſpeeches were contained, which he had re-
gularly received from Paris, according to their reſpective
dates.
Cross-examined by Mr. Tookę.
He faid that he had never been in prifon; that he had
never been proſecuted, or threatened with a proſecution.
Upon being aſked, Whether he had been frightened? the
Counsel for the Crown interfered, and faid, " it was furely
unneceſſary to inveſtigate what effect a fubpoena might have
upon the nerves of a Witnefs." The Witneſs ſtated that
he had fold as many papers as were ordered by regular fub-
fcribers; he fold them becauſe they were fold by other
people, under the protection of the law, particularly by the
Clerks at the Poft-office; and he conceived, that had the
fale of theſe papers been either illegal or improper, it would
not have taken place in a department under the infpection
of Government.
John
Publiſhed by ALLEN & WEST, No., 15, Paternofter-Row. 215
John Horne Tooke.—I have no more queſtions to aſk.
You are a very honeſt man.
The Clerk then proceeded to read the correfpon lence
from Norwich with the Societies in London, and then the
minutes of the Convention held at Edinburgh, papers
which, as they were repeatedly brought forward in the pre-
ceding trial, and as they are to be found in the Reports of
the Secret Committee, it is unneceffary to take any partì-
cular notice.
Horne Tooke.--My Lord, I cannot fee how any evidence
with respect to the proceedings of the Convention at Edin-
burgh can poffibly apply to me. It has already been proved,
by the Witnefs for the Crown, that though my name is to
be found in the books, I was not preſent at the meeting on
the 25th of October, 1793, when it was refolved to hold an
extraordinary Meeting a few days after, to confider of the
meaſure of holding a Convention at Edinburgh. At the
extraordinary Meeting of the 28th, I was likewife not pre-
fent, and my name is not to be found in the books on that
day. But not only has it been proved that I was abſent,
but that I was even averfe to the meaſure; that I quarrelled
with others on the ſubject, and was abuſed on that very
ground. Is it fit and proper, then, that papers fhould be
read to make an impreflion on the minds of the Jury to my
prejudice, when it has already been proved that their con-
tents ought not to affect me perfonally in the ſmalleſt
degree?
2
Mr. Law.-The fubfequent approbation of the pro-
ceedings of the Scotch Convention will be brought home
to you by the minutes of the Society of 17th January,
1793, when you were in the chair.
Chief Fufice Eyre.-The general plan of the proceed-
ing requires that every thing connected with the tranfactions.
fhould be read. At the fame time the remark of the Pri-
foner is extremely fair.
Horne Tooke.-The reading of thofe proceedings of the
Convention will be afterwards extremely uſeful for my de-
fence. I only made the remark to fave the time of the
Cout.
The Clerk then read the minutes of the Conftitutional
Society, on the 10th and 17th January, on both which
days Horne Tooke was in the Chair.
Horne
216 TRIAL of JOHN HORNE TOOKE, for High Treafon,
Horne Tooke I beg that the minutes of the meeting of
the 17th may be read over again. The Counſel for the
Crown faid that by thefe minutes an approbation of the
proceedings of the Scotch Convention would be brought
home to me. On that day it appears that four Refolutions
paffed; I was prefent during the paffing of the three firſt,
and then quitted the Chair, when Mr. Gerald was called
to it, and a fourth Refolution, approving of the proceed-
ings of that Convention, as was extremely natural, to
which he had himſelf been a Delegate, was palled.
The minutes were accordingly read over, and ran ex-
actly in the terms that had been ſtated by the Priſoner.
A Refolution was then read in the hand writing of H.
Tooke, ordering an Addrefs of the Correfponding Society
to be infeited in the books of the Society for Conftitutional
Informaation.
Horne Tooke.-Does this Refolution refer to an Addiefs
of any particular date?
The Attorney General.-It refers to no date-though it
very evidently applies to the Addrefs of the Correfponding
Society of the 20th of January, 1794.-I hope I am not
wrong when I remark once for all, that when I flate any
thing to be proved, I always leave to the Jury to determine
what weight it ſhall have in their judgment.
A circular Letter in the hand-writing of Mr. Tooke, and
figned by him, fent to all the Members of the Conftituti-
onal Society was then read, and the following is the ſub-
ftance of it:
"I am directed by the Society for Conflitutional Infor-
mation to write to all the Members of the Society, requeſt,
ing their contribution towards the fupport of Mr. Sinclair.
When he Dul gates from the different Conſtitutional Socie-
ties in Scotland, lately met at Edinburgh for the purpoſe of
confulting together, and concerning the meafures which
might be proper to be purfued, in order to obtain a fair
repreſentation of the People of Great Britain in Parliament,
Mr. Sinclair attended as Delegate from the Society for
Conftitutional Information, and behaved on that occafion
with a moderation and temper which has not only been
justly approved, but has much endeared him to this Soci-
ety. For that conduct, which we highly approve, Mr.
Sinclair was indicted in Scotland, and returned to London
upon
Publiſhed by ALLEN & WEST, No. 15, Paternofter-Row. 217
upon bail.
bail. Since that time Mr. Skirving and Mr. Marga-
rot have been ſentenced in Scotland, for the fame conduct
as Mr. Sinclair, to fourteen years tranfportation. With
the fate of Meffrs. Palmer, Muir, Skirving, and Margarot
before his eyes, Mr. Sinclair has returned to Scotland in
diſcharge of his faith as a private man towards his bail, and
in diſcharge of his duty towards an oppreffed and infulted
public he has returned, not to take a fair trial, but
as he is well perſuaded, to a certain conviction and ſentence,
Theſe fentences of tranfportation are novel both to Eng-
land and to Scotland, and exceeds in cruelty and impudence
any thing practifed in the odious and abhorrent reign of the
Stuarts; and theſe fentences are to be carried into execution
under the adminiſtration of Mr. Pitt, and by him, who for-
merly, though hypocritically and treacherously, profeffeḍ
himfelf.a fpecious advocate for Parliamentary Reform, and
himſelf met the Delegates throughout England, aſſembled in
Convention at the Thatched-houfe Tavern, for the fame
purpoſe as that which a Convention met in Scotland.
Should it one day be the fate of this Mr. Pitt to be tied
by the people of his infulted and oppreffed country, for his
treachery to the cauſe of Parliamentary Reform, we truft
they will never confent to fend him to Botany Bay. In
the mean time, we earneſtly folicit your affiftance to alleviate
the fufferings of Mr. Sinclair in his fituation, and afford
him every comfort in our power under this his honourable
and meritorious conduct, in which, and in worſe, if there
be worſe, we declare ourfelves ready to follow him in
pur-
ſuit of the ſame object, viz. a fair Reprefentation of the
People in Parliament. (Signed, by order of the Society)
JOHN HORNE TOOKE, Chairman.
Some of the proceedings of the Norwich Society to the
London Conftitutional Society, and other papers, were then
read; as alſo a letter from Melf. Margarot and Gerrald to
Mr. Hardy, giving an account of the progreſs of the Con-
vention at Edinburgh. A letter was alfo read from Mr.
Margarot on board a ſhip at Spithead, expreffive of great
affection for the liberties of this country, &c.
The Court adjourned at nine o'clock.
THIRD
*18 TRIAL of JOHN HORNE TOOKE, for High Treafon,
THIRD
DAY.
WEDNESDAY, NOVEMBER 19.
The Court fat at nine o'clock, when the Counſel for
the Crown proceeded with their written evidence.
>
They first directed the attention of the Court to a letter
dated May 26, 1792, fent from Sheffield, figned Samuel
Afhton, and addreffed to D. Adams, Secretary to the Lon-
don Conftitutional Society.
Mr. W. Woodfall proved, that an interlineation in that
letter was in the hand-writing of Mr. Tooke.
A letter was alſo read, that was found by Mr. Scott,
among Skirving's papers, at Edinburgh, dated October 5th,
1793, and fent by Hardy, in the name of the London Čor-
refponding Society, in which, among other things, he ap-
proves of the meaſure of a Convention.
Mr. Attorney General next produced the commiffions of
Margarot and Gerald, as Delegates from the London Cor-
refponding Society to the British Convention, that was held
at Edinburgh. Thefe papers were alfo found in Skirving's
poffeffion.
He next read the commiffions of Sinclair and Yorke, as
Delegates from the London Conftitutional Society to the
Britiſh Convention, at Edinburgh.
Mr. Attorney General next read fome letters, with an in-
tention to fhew that the Scotch Convention was called to-
gether, by the Delegates from the London Conftitutional
Society.
He next read a letter from Margarot to Hardy, dated
January 24th, 1794.
Richard Williams was called to prove the fignature of
John Thelwall, to a letter that was produced and read:
among other things he obferves, that a number of copies of
fongs had been printed, that he himſelf had compofed ſome
of them, and that Mr. Tooke was the author of others of
them; and that they fold like wild-fire. He faid
London was not the only place that was alive. There
were liberty-boys alfo in other parts. He told Citizen
Jack Well, to whom this letter was addreffed, that he could
think
Publiſhed by ALLEN & WEST, No. 15, Paternofter-Row. 219
think of nothing but politics, and that he was an advocate
for equality and perfect freedom.
Part of the refolutions of April 11, 1794, were alſo
proved to be Mr. Tooke's hand-writing. When that pa-
per was read, Mr. Tooke complained that it had not been
properly read, inafmuch as the Clerk of the Arraigns had
read ſome words that had been ſtruck out. He ſaid, there
were two ways of ftriking out what had been written,
either by drawing the pen through the words, or by en-
clofing the words by a black line, which had been the
cafe in the preſent inftance; and he contended, that it was
equally improper to read words that were incloſed, as it
would be to read words through which the pen had been
drawn.
$
Lord Chief Justice Eyre. The paper is to be read as it
is; and, if there are words put out, or words put in,
without ftriking out, the whole of the paper muſt
be read and feen, and then it will be for the judgment
of the Jury, to fay what is the real paper taken, to-
gether, which cannot be determined properly by any body
but the Jury. They muſt decide what ought to be taken
as part of the paper, and what not.
We underſtand, the principal word which Mr. Tooke
objected to being read was, Convention, becauſe the ſenſe
was materially different, according as it was inferted or not.]
The Attorney General ſaid, he had many obfervations to
make on that paper.
Lord Chief Justice Eyre ſaid, he did not doubt buthehad.
A number of letters were next read, relative to the call-
ing of a Convention.
Mr. Broomhead was here examined, and his evidence
was preciſely the fame that he gave on Hardy's trial, name-
ly, that he had been for fome time a member of the Con-
ftitutional Society at Sheffield, and had been Secretary of
that Society for ſix months.
He declared, upon his oath, that the Society at Sheffield
had no intention of overturning the Government by force;
they had no intention of overturning the perfon or autho
fity of the King; they were as well difpofed towards his
Majefty as any fubjects in England. None of the Mem-
bers, to his knowledge, had any hoftile intentions againſt
the perfon or authority of the King. Their fole object was
Ее
a Reform
220 TRIAL of JOHN HORNE TOOKE, for High Treafon's
a Reform in the democratical part of the English Conftitu-
tion-he meant the Reprefentative part in the Houfe of
Commons. That was all he knew of, and he knew no
other views in any of the Societies. None of them, fo
fanas he knew, intended to go farther than a Parliamentary
Reform, according to the Duke of Richmond's plan.
Charles Waddifon faid, he was a Member of the Shef-
field Society, which amounted to about 600 regular Mem-
bers. There meetings were held once a fortnight; a ge-
neral meeting of the Society was held once a month, and
fometimes there was an interval of fix weeks between their
general meetings. There was a gentleman of the name of
Yorke there about two years ago. He ufually took the
chair when he attended the Society.
He recollected that Mr. Campbell Brown was chofen a
Delegate from their Society to the Britiſh Convention.
Mr. Brown had been a player, but when he came to Shef-
field he practifed as an attorney. Yorke feemed to agree
about the neceffity of preparing arms. The witneſs made
about, a dozen or a dozen and a half of ſhafts for pikes.
He was a hair-dreffer by trade, and dreſſed Yorke when he
refided at Sheffield. He was alſo a turner, `which enabled
him to make the fhafts which he had deſcribed.
aſked him ſometimes if he was going on with them.
faid he thought they were going too far. He at laft left
the Society, and his principal reaſon for leaving it, was,
that he had lately altered his opinion refpecting Univerfal
Suffrage.
{
Yorke
He
On crofs-examination by Mr. Gibbs, the witneſs ſaid.
he was not an enemy to the King-God forbid that he
fhould. He did not know a ſingle perfon engaged in theſe
Societies, who had any wifh or intention to attack the per-
fon or authority of the King. Had he known, or believed,.
there had been fuch a Member, he fhould not have conti-
nued in the Society. Their plan of Reform was that
which was publiſhed fome years ago by the Duke of Rich-'
mond. They had no idea of producing that fyftem of Re-
form in the Houſe of Commons by force. He had no idea
that fuch a plan of Reform was in agitation by any one
Member. He believed the pikes were only intended for
the purpoſe of defended themſelves. He remembered one
particular occafion, when Gales's houfe was attacked by a
number
Publiſhed by ALLEN & WEST, No. 15, Paternoster-Row. 221
number of people, and feveral of his friends were obliged
to defend him; and he thought the pikes were intended to
defend themſelves againſt fimilar attacks. He had heard
the people of Sheffield fay, if there was an invafion, they
would firſt fall upon them (the Society). He never under-
ftood that theſe pikes were to be ufed against the power of
the government. A perfon at Sheffield wrote inflammatory
letters in the newſpapers, and a book containing fome
account of thoſe very papers was feized in the witneſs's
houſe.
On re-examination by Mr. Law, he could only recollect
one perſon of the name of William Frith, who faid, if an
invaſion ſhould take place, they would fall firft on the So-
ciety. It was about a year ago, when he heard Frith fay
fo, though no pikes were prepared till March láft. He was
never referred to a magiftrate for protection. Juftice Wil-
kinfon came into Sheffield, at the head of a number of dra-
goons. There was a riot, which the witneſs believed was
principally occafioned by the Juftice and foldiers enraging
the minds of the people. He had applied to another ma-
giftrate at Sheffield, and had obtained no redrefs. Some part
of Paine's works was approved of by their Society; but the
Duke of Richmond's plan was what they adhered ftrictly to,
and adopted as much of Paine's works as was confiftent with
that plan.
A letter from Sheffield, dated April 24, 1794, defcrib-
ing the wood of which the pikes, &c. ought to be made,
and fent to Hardy, was next read. That letter encloſed
another to the Norwich Societies, which was alſo read.
Mr. Solicitor General faid, he was going to produce to
their Lordships, a paper prepared by Mr. Martin, contain-
ing refolutions, not the fame that were entered into ai Chalk
Farm, on the 14th of April laft, but 'that paper contained the
draught from which thofe refolutions were actually prepared.
Mr. Gibbs herec obferved, that Mr. Martin was a mem-
ber of the London Conftitutional Society, and therefore it had
been determined, that every thing which he had was evi-
dence againſt Mr. Tooke.
Lord Chief Justice Eyre.-Every thing done by Martin,
with relation to this general fubject, is evidence againſt
Mr. Tooke, Mr. Tooke and Mr. Martin being both
members of the London Conftitutional Society, and both
being ſuppoſed to be engaged in one project: whatever is
E e 2
done
222 TRIAL of JOHN HORNE TOOKE, for High Treason,
done by Martin, with relation to, and in purſuance of,
that project, is evidence againſt Mr. Tooke.
Mr. Solicitor General faid, he meant only to fhew the
manner in which Mr. Martin was connected with this
tranſaction.
Mr. Shaw proved that the draft from which the Chalk
Farm refolutions were prepared, which was in the hand-
writing of Mr. Martin, was found upon Thelwall, when
he was taken into cuſtody.
1
Mr. Evan Evans was called, and the draft being put
into his hand, he faid, he faw that paper in the poffeffion
of Martin, in the King's Bench Prifon, before the 14th of
laft April Martin read over the Refolutions to him, and
obferved he had plenty of Cayenne peper into them, and
that if they followed his advice, there would be waim work
among them before the month of May.
1
Mr. Evans was cross-examined by Mr. Tooke, and
among other queſtions, he asked him if he knew a Mr.
Nicholas Gay? The witneſs faid he did not, but that he
knew a perſon of the name of Richard Gay. Mr, Tooke
faid, the witneſs perhaps never heard of a ftrange accident
that happened to Mr. Gay, when he was dining at the
Society for Conftitutional Information. In the courfe of
his converſation he was talking about travelling into Ruffia,
where he believed that gentleman now was: A perfon
who heard a part of Mr. Gay's converfation, but not the
whole of it, aſked a fpy, where Gay faid he was going.
The reply was, " He is going much farther than I daře
to fay.
}
The Addrefs of the London Correfponding Society to
Society of the Friends of the People was here read. It
was dated April 4th, and addreffed to Mr. Sheridan, the
Chairman. The anſwer to it was likewiſe read.
The toafts given on the 2d of May, 1794, at the an
niverſary dinner of the London Conſtitutional Society, were
next read.
Mr. Sharp examined by Mr. Law.
2. I believe, Mr. Sharp, you was a member of the
London Conftituțional Society ?-A. I was.
ago
How long ago?-A. About two years and a half
2 I
Published by ALLEN & WEST, No. 15, Paternofter. Row. 223
2. Who propofed you as a member, Sir?-4. I do
not now recollect.
Mr. Erskine. He was propofed by Mr. Tooke.
2. And how long did you continue to be a member?-
A. From that time to May laît.
2. Do you recollect, that on the 28th of March, 1794,
a letter was received from the London Correfponding Sp-
ciety, by the Conſtitutional Society, relative to the forming
of a Convention?-A. I do believe, I do recollect fome-
thing of it. I was appointed by the Conftitutional So-
ciety, a member of the Committee of Delegation, who
was to co-operate with Delegates, appointed by the Lon-
don Correfponding Society.
2. Who propofed you as a Delegate?-A. Mr.
Tooke.
2. Were you prefent when the Delegates made their
Report ?-A. I believe I was not preſent.
2. When was the Report made?-A. I believe on the
11th of April, 1794.
2. Was you a member, Sir, of the Committee of Cor-
refpondence, or of the Secret Committee?-A. I know
nothing of that.
Mr. Sharp cross-examined by Mr. Tooke.
2. Mr. Sharp, I am glad to fee that the Counſel for
the profecution have the fame good opinion of you that I
have. Do you think that I propofed you as a Member of
the London Conftitutional Society becauſe I entertained a
good opinion of you?-A. I certainly do.
2. Mr. Sharp, you have often heard me ſpeak on po-
litics? Have you not often heard me fay I would rather
be governed by St. James's than St. Giles's.-A. I have."
2. Have you not been very often at my houfe, Sir?—
A. I certainly have.
2. And did not our acquaintance begin from my de-
firing you to teach my daughters to engrave?-A. It did.
2. From having been very often at my houſe, and from
having very often dined with me, muft you not know how
I and my family lived?-4. I certainly muft.
2. Perhaps you might know that I had a horfe in my
ſtable, and rode out once a year, and very feldoin walked
to
224 TRIAL of JOHN HORNE TOOKE, for High Treafon,
A.
+
to the outſide of my gate?-A. I do not believe that you
did ride out once a year, and you walked out very feldom,
2. You can tell whether I had much company ?-A,
You had very little. When I was prefent, you ſpent your
time chiefly in reading, in looking over old books, and in
playing at whift.
2. Do you recollect an anonymous letter being fent me
from Ireland, encloſing a letter to Mr. Paine ?-A. I can-
not fay I do.
2. I will bring it to your recollection. Do you not re-
member that I called you to witnefs that I did not open it.
-A. Now I recollect it.
2. On the 15th of May, the day before I was appre-
hended, where did I dine?-A. In Spital Square.
2, Do you recollect any converſation that took place
about a letter from Mr. Joyce?-A. I do not know that
you received any letter from Mr. Joyce.
Mr. Horne Tooke-This letter referred to the lift of
places and penſions in the Red Book, which Mr. Pitt has
given to his own family, and to his creatures; and it was
for this plot that I was apprehended the next day.
Lord Chief Justice Eyre.-If there is any letter in the
hands of the Crown, which you think material to your de-
fence, they muſt produce it.
Mr. Tooke.-Mr. Joyce's letter to me, when it was read
in the Privy Council, was the fubject of great alarm and
apprehenfion, from the manner in which it was worded.
[The letter was put into the hands of Mr. Sharp, who,
upon being aſked by Mr. Tooke, if ever he had ſeen it be-
fore replied that he had not.]
2. Was any queſtion afked in the Privy Council con-
cerning that letter ?-A. No, Sir.
2. You have been prefent, Mr. Sharp, in the London
Conftitutional Society, when I have been prefent?-A. I
have.
2. During the buſineſs relative to the Scottiſh Conven-
tion, at what hour did I ufe to leave the Society ?-4. Some-
times you left it at ten o'clock at night, and fometimes
earlier.
Mr. Joyce's letter to Mr. Tooke was here produced by
the Counſel for the Crown. It was read, and is to this
effect:
DEAR
2
Publiſhed by ALLEN & WEST, No. 15, Paternoster-Row. 225
"DEAR CITIZEN,
"This morning at fix o'clock, Citizen Hardy was taken
away on a fudden, as a fort of State Priſoner. They ſeized
every thing they could lay their hands on.
66
Query-Is it poffible to get it ready by Thurſday?
J. JOYCE."
cr
Mr. Tooke.-Do you know, Mr. Sharp, what it was that
was to be got ready againſt Thurſday?—A. The publica-
tion of the large finecure places and penfions from the Red
Book, which Mr. Pitt has conferred on his family and
friends.
2. Do you happen to know, whether the wording of
that letter created any alarm in Government?-A. A per-
fon came to me, and told me, that fome light-horſe had
been ordered to be in a ſtate of readineſs, in confequence of
that letter.
2. Mr. Sharp, do you not know that I was defirous of,
very long adjournments in the Society?-A. I do. I have
often heard you ſay, you did not care if you never went be-
yond your gates.
2. Have you not heard me ſay, that I wiſhed there was
an Act of Parliament to confine me within the walls of my
houſe-A. I think I have heard you fay fomething like
that.
2. Have you read the Reports of the Secret Committee
of the Houſe of Commons?-A. I have not.
9. Were all the Members of the Society of one way of
thinking?-A. No, Sir.
2. Did they often differ?-A. They did.
2.
Do you remember any thing like a Secret Committee?
A. I do not.
2. Do you recollect a Committee of Correfpondence
being appointed?—A. I do.
2. Do you know my opinion of Univerfal Suffrage?--
A. You were againſt it.
2. Did you ever hear me fay any thing againſt the Con-
ftitution of this country?-A. You always fpoke for it.
2. Do you recollect any difpute on the fubject of the
Britiſh Convention between me and fome others?-A. In.
1793, inquiries were made of me, as of a perfon who was
intimately acquainted with you, whether you was not bribed
by the Court? for there was a report of that fort.
2. And
1
226 TRIAL of JOHN HORNE TOOKE, for High Treafon,
2. And what was the reaſon of ſuch a report ?-A. Your
oppoſing the Scottish Convention.
Q. When company came to my houfe, at what time did
they ufually come, and at wliat hour did they go away?—
4. They might come at four o'clock, and fometimes went
away at fix, and fometimes at eight.
2. Was the converfation always open; and might they
bring any company, whether I knew them or not? I ſpeak
to you, Mr. Sharp, as a perſon who has fat very often at my
table, and as knowing how I lived.-A. The converſation
was always open, and your viſitors often brought along with
them their friends, who were ftrangers to you.
2. Did you ever hear any dangerous or improper con-
verfation pafs in my houfe, either in the prefence of thoſe
who profeffed politics, or in the company of thoſe who did
not trouble their heads with politics?-A. I never did.
2. Have you not heard me fay, that if there was any
difturbance in this country that I myſelf ſhould be the firít
victim, becauſe I had oppofed all parties?-A. I have.
2. Do you recollect the fpecch I made on the 2d of
May, 1794, at the anniverſary dinner?—A. I do not re-
collect what you faid.
faid. I do not believe I heard what you
faid, as I was at the lower end of the room.
I know you
were feverely cenfured by fome gentlemen, who faid you
made an ariftocratic fpeech.
2. Was it difficult or eaſy to be admitted a Member
of the Conftitutional Society? A. It was a very eaſy
matter.
2. Was I remarkably diligent or remarkably careleſs
about the buſineſs of that Society?-A. I thought you were
very careless,
2. Did you think, when I profeſſed a deſire for a Re-
form in the Houfe of Commons, that it was a mere
pretext? A. I thought you uttered your real fenti-
ments.
2. Were you ever taken into cuftody?-A. Yes.
9. By whom?-A. By an officer.
By what authority?-A. By a warrant.
What was the cauſe ?-A. I do not know. I fup-
pofe it was on a charge of treaſonable practices.
H. Tooke O! it was for nothing but treaſonable prac-
tics.
2. Did
Published by ALLEN & WEST, No. 15, Paternofter-Row. 227
2. Did you think the Conftitutional Society had any
other object in view but their profeffed object, namely, a
Parliamentary Reform?-A. I did not.
2. Do you think any of them had an idea of bringing
about that reform by force ?-A. No.
>
2. When you, as a Member of the Committee of De-
légates, was to co-operate with the Delegates from the Lon-
don Correfponditig Society, what was to be the great end
for which you were to co-operate ?-A. To obtain a Par-
liamentary Reform.
2. Did
you ever hear me fpeak against any of the Efta-
blifhments, Civil or Religious, of this country --A. No,
Sir, I never did.
2. Have you not, on the contrary, heard me maintain
every Eſtabliſhment of this Country? A. Your only
object, as far as ever heard, was a Reform of Parlia-
ment.
↓
2. Did you not fometimes, from my converfation,
think me a bigot to the religious eſtabliſhment of this coun-
try?-A. No: I thought you were of no religion at all.
You allowed every man, after the beſt exerciſe of his un-
derſtanding, to follow his own opinions in matters of reli-
gion.
2. You did not think, however, that I would eat little
children without being dreffed?—No anfwer.
2. Have you ever heard of the Society of the Lumber
Troop?
[Sir W. Lewis was upon the Bench, and began to prick
up his ears at this queftion.]
A. I have.
2. Do you know, that the firſt regulation of that Society
is, that every man, when he first becomes a Member of the
Society, has the privilège of knocking down a Bum Bailiff,
Constable, &c.
Lord Chief Justice Eyre here interrupted Mr. Tooke, as
the queſtion was irrelevant. His Lordihip at the fame time
obferved, that a great deal of this cross-examination, though
not ſtrictly correct, certainly went materially to Mr. Tooke's
defence.
Ff
PRISONER's
228 TRIAL of JOHN HORNE TOOKE, for High Trea
PRISONER's DEFENCE.
At half paſt four in the afternoon, Mr. Erskine role as
Counſel for Mr. Horne Tooke, and, in a ſpeech of five hours,
he entered with ſuch maſterly eloquence into the cafe, as to
excite the admiration of the crowded Court.
"Gentlemen of the Jury,
"When I compare the fituation in which I now ftand
up to addreſs you, with that which I was placed in a few,
days ago in this place when I reflect upon the emotions
which then almoft weighed and preffed me down into the
earth, with theſe which at this moment, oppreffed as I am
with fatigue and illnefs, animate and fupport me, I
fcarcely know how to bear myſelf, or how to ſhape my
courſe.
"I ſtood up in this place to defend Thomas Hardy, not
alone, indeed, but fupported, by my excellent and learned
Friend, who fits by me."
[Some men bufy at work, who difturbed the Court, the
Chief Juftice fent qut to prevent the noiſe.]
Mr Erskine then faid, that the interruption afforded him
an opportunity of repeating the fame fentiment again con-
cerning Mr. Gibbs, which was very dear to him, and then
went on thus:
"
"I ftood here as Counfel for a lowly, obfcure mechanic,
known only to perfons obfcure like himſelf, and I had tọ
contend with what no man in England ever before had to
contend with-I had to contend, in the first place, with
the vaſt and extenfive authority and influence of the Crown
of England; I will not, after the late verdict, call it the
cruſhing authority.
→
"I had to contend againſt the dear, juſt, and natural in-
tereſt which the fubjects of this country muſt and ought to
have in the prefervation of the Chief Magiftrate, appointed
to execute the laws.
"I had to ftruggle with the more generous and benevo-
Fent interefts, characteriſtical of Engliſhmen, for the life of
the Prince, to whom no perfonal blame is imputable, and
who fuffers more than any of his fubjects, from the enor-
mous abufes in the government.
" I had
Publiſhed by ALLEN & WEST, No. 15, Paternofter-Row. 229
"I had to ftruggle with this under circumſtances pecu-
liarly adverfe. Under an alarm propagated in part by ho-
neft zeal and enthuſiaſm against the Societies, whofe acts I
am defending-but propagated under the deteftable domi-
neer of the loweſt and blackeft hypocrify, which ever de-
graded the human character. The Community being partly
bribed, partly tempted, and partly duped to decry what had
been formerly upheld as meritorious.
"I had to fight with this, not in the face of an enlight-
ened, in an ordinary ſeaſon, but at a time when the face of
the earth was drawn into convulfions-when mighty revo-
lutions were fhaking the earth-when bad men were trem-
bling for what ought to follow, and good men for what
ought not when all the principles of our free conftitution,
under the impulfe. of a delufive or wickedly infuſed terror,
feemed to be trampled under foot.
+
"But under all this preffure I could have looked up for
protection under other circumitarices. I could, as repre-
fenting one of the People in a fearful extremity, have looked
up to the Repreſentatives of the People; to that mighty
Tribunal above all law, and the parent of all the protec-
tions which the law affords to the ſubject.—I could have
looked up to the Commons of England, to hold up its fhield
before the fubject against the Crown.
"But in this caſe, that ſhield of the ſubject, I found a
ſharp and deftroying fword in the hand of the enemy. The
protecting Commons was itſelf by corruption and infatua-
tion the accufer; inſtead of ſtanding up for the fubject, it
acted as an Old Bailey Solicitor to prepare the briefs for the
Crown. The whole caufe had been read from the Reports
of the Commons; no original labours of theirs, but col-
lected from the files of Newfpapers, which every man had
feen in every coffee-houſe for years together. He had there-
fore to contend againſt an impeachment without the juſtice
of fuch a proceeding. When a man, though a Commoner,
is impeached, he is fent before the Lords for trial as a privi-
lege, becaufe all the Commons are in law fuppofed to be
pledged by the accufation of their Reprefentatives.
"The Lords, therefore, as being a balance againſt the
Commons, is the refuge of an Englishman fo impeached.
But for this poor man there was no refuge. The Lords
Ff 2
themſelves
230 TRIAL of JOHN HORNE TOOKE, for High Tre afon,
themſelves were joint accufers; private Lords in office pre-
judged the caufe, and infolently, dictated what judgments
Judges ought to give, and Juries to pronounce. I had, be-
fides all this, to contend with an army of the moſt learned
men in the profeffion, with all the 'weight and trapping of
flation.
. I had to wade through matter, which not only no mind
can inveſtigate, or bodily ftrength fupport to ftate, but to
the utter difgrace and extinction of Engliſh criminal juſtice,
which no porter could carry on his fhoulders.
"I had to contend with a cafe which the Judges declared
to be ſo new, that they were obliged to try experiments up-
on the legal Conſtitution to find a way of trying it. I think
the adjournment legal, though I'wave no objections to its
legality, nor am intereſted in this ridiculous caſe in conſider-
ing them.
1
1
›
But in waving that objection for the prefent, I may
add to the preffures I am enumerating, a judicial decifion
that never exifted before in this ifland fince upon no trial
for life, the evidence ever extended beyond the ordinary
compaſs of trial without adjournment. When, in the teeth
of all this, the Defendant, Hardy, was not only acquitted
and his life faved, but honourably and triumphantly acquit
ted, with the univerfal approbation of an enlightened peo-
ple;-it raiſes up a whirlwind of emotion in my mind, that
none but him who rides upon the whirlwind could give
utterance to exprefs. To his providence, ever watchful
over this country, be all the honour and praiſe!
"Gentlemen, this view of the fubject may be fet down
to the prejudices of a religious education, or to the warmth
of a mind naturally very warm ;-it is enough for me that
they are views which I never can change, and which I
know and feel to be juſt.
"But there is another view in which every inhabitant of
this iſland muſt look at what has paffed with one accord.
They muft feel the ftrength which the Conftitution has ac-
quired by the refuge it has in flying from the corrupt part
of it, to that which remains in foundnefs and vigour.
"It cannot but beget an affection for the Law, which
is the fource of all authority to Government, and of all pró-
tection to the governed. It cannot but invite men to be
contented
Publiſhed by ALLEN WEST, NO. 15, Paternoster-Row. 238
contented and happy in the forms of their government,
while it ſtrengthens them in their efforts to preferve its fub-
ftance from ruin; and unleſs they' who adminifter the go-
vernment are blind to every intereft, and dead to every
fenfe of honour, they will embrace the opportunity of bring-
ing back the People to their legitimate homes, by giving
them the folid fatisfaction which flows from the pure admi-
niſtration of our own government, which will fecure the
King's throne, becauſe it eftabliſhes the People's Rights.
I have better opportunities of knowing than any man can
have; the effects of the late verdict; and I know that if the
conjuncture is rightly managed, it will produce univerfal
fatisfaction.
"I know that the late Jury are recorded throughout the
Land, as the Deliverers of the Country, as the Guardians
of Authority, by giving an example of its Juftice; and I ſhall
think it a greater reward than any office which power can
beſtow, to have been the humble inftrument in affifting
them to redeem the nation from a reproach, which would
have blaſted its honour and deſtroyed its fecurity.
"Theſe are ſtrong words, and not very pleaſant to ſome
who muſt hear them, but they bring no unpleaſantneſs to
any preſent.
The caufe has been conducted on the part of the
Crown with juftice and candour. I have no complaint to
make of the law, thank God I have not! An independ-
ent bar is another fold in the fhield of the People's Free-
dom."
Having made theſe preliminary obfervations, Mr. Erfkine
then came directly to the cauſe itſelf. He proceeded to
defining the crime as it flood in the indictment, the ma-
terial parts of which he read, and laid it down as a princi-
ple, that there muſt be evidence of an intent to depofe the
King in the mind of the party accufed, before any act done,
and then there muſt be an overt act done, plainly demon-
ftrating the intent.
He then defined the whole of the charge, and the law
that applied to it, and maintained that there was nothing
like a cafe made out againſt the Priſoner.-There was no-
thing that had not been culled out of all the newſpapers in
the kingdom, and of courſe what every body knew, and
the Attorney Geueral did not affect to charge any body
with
232 TRIAL of JOHN HORNE TOOKE, for High Treaſon,
}
with any offence whatever at that time. He then pro-
ceeded to take notice of what the Solicitor General had laid
down as the law in this cafe, and refuted it; and he was
perfuaded that learned gentleman would, upon reflection,
abandon it, for if it was the law, he had rather die now,
while he was oppofing it, than live to the age of Methu-
felah under fuch law. He then defined what was to be
underſtood by compaffing and imagining the death of the
King, as alfo all the other Acts declared by Law to be
Treaſon, and maintained that no one act charged by the
evidence on the prifoner, amounted to any thing like it. If
what other people had faid in the abfence of Mr. Tooke,
(and many of the acts charged against him were of that na-
ture) was to fix him with High Treafon, any one of the
Members of any one of theſe Societies might alfo be con-
victed of High Treafon. Nay, Mr. Erfkine faid, he him-
felf might be convicted as having committed an act of trea-
fon againſt the Prince of Wales, although he had once the
honour of being his Attorney General, and who, although
he had ceafed to ferve, he had not ceafed to love; he might
be convicted, he faid, according to the rules contended for
on the part of the Crown in this cafe, becauſe he might
have been in company of fome perfons who had acted as
the members of thefe Societies had acted; or other perfons
might have ſent him letters, which might have been found
in his houfe, as papers had been found in the houſe of Mr.
Tooke, and it would not do even for his Royal Highness
himſelf to come forward to declare any thing in his favour;
but ſuch monftrous principles were not to be maintained at
this enlightened day.
He then proceeded to ftate at large the opinions of Lord
Coke, Judges Hale and Forter, the great law authorities on
the law of Treaſon, and explained them all as he went on,
and argued that there was not a Tentence in either of their
works, or in the ftatute of the 25th of Edward the Third,
that gave the leaft colour or pretence for charging the De-
fendant with the crime of Treafon.
He next went on to confider the motives which the dif-
ferent Members of thefe Societies had in view; for although
Mr. Tooke differed from moft of them, he not being a friend
to Univerſal Suffrage, yet he infifted on his Counſel, not by
his medium, to ſay any thing in his defence that might pre-
judice
Publiſhed by ALLEN & WEST, No. 15, Paternofter-Row. 233
judice the caufe of the other perfons to be tried on this
accufation; he must therefore take up the views of theſe
Societies; they formed the whole of their plan from the
publiſhed and well-known fentiments of the Duke of Rich-
mond; it was in his Grace's fentiments all this plan origi-
nated, and the Jury would find, by evidence of the first
men in the kingdom, in point of abilities and virtue, that a
Convention was held at Guildhall, in the city of London,
and in Weſtminſter, where Delegates met and received the
inſtructions of their Conſtituents, and they carried their
Refolutions to the Houſe of Commons, as theſe perfons
intended to do; and in one of them, in particular, Mr Fox,
although he differed from the majority of the meeting with
regard to Univerfal Suffrage, yet Mr. Fox was under the
neceffity of complying with the defires of the company upon
the neceffity of a Parliamentary Reform, and that good man
might fairly be ſuppoſed to wifh it; his arguments were
numerous; he alledged, that out of 513 Members, 306 (a
majority) were ſent to the Houſe of Commons by 162 indi-
viduals, and on theſe points all men had a right to delibe-
rate, and to collect the opinion of the public, in order that
the evil might ſome time or other be remedied. By profe-
cutions for opinions it could never be removed, nor was that
the way to filence diſcontent: let the People know that they
are fafe under the Law, and let them underſtand to what
law they are to look up for protection, and that they fhall
not be ensnared into crimes, as from theſe profecutions it
fhould ſeem that was about to be the cafe; let but this
ſyſtem be avoided, and nothing upon earth would ſhake the
allegiance of the People, for with them allegiance and pro-
tection went hand in hand He had faid, that all the pro-
ceedings of thefe Societies had gone on the Duke of Rich-
mond's plan, it would therefore be neceffary to read fome
parts of that plan to the Jury; which having done, he ob-
ferved, that had this been read by Mr. Shelton as part of the
Speech of Citizen Yorke, or of any of the Refolu ions of
one of the Societies, then it muſt have been called Treafon
by the Lawyers for the Crown; the question the was,
whether theſe men publiſhed with a good intention what
the Duke of Richmond planned with a good intention, or
whether it was to be taken for granted that they meant ill
when they profeffed well, and that where there was not the
finallet
$34 TRIAL of JOHN HORNE TOOKE, for High Treafon,
}
ſmalleſt evidence of evil intention. Againſt this doctrine
Mr. Erskine quoted the fentiments of the Chief Justice
himſelf, in his Charge to the Grand Jury. He obferved
alfo, it was curious that the Counfel for the Crown should
fix on Mr. Tooke's guilt for the proceedings of Chalk
Farm, as he was not there, nor even approved of their pro-
ceedings there, at the fame time they knew that Mr. Lovat,
the Chairman of the Meeting itſelf, was a perfon againſt
whom the Grand Inqueft had refuſed to return the Bill.
He thought it hard alfo, that crimes fhould be imputed to
Mr. Tooke, for which Hardy had been tried and acquitted;
if Mr. Tooke was guilty, Hardy must be guilty on all the
proceedings of thefe Societies; nay, he might be a great
deal more fo, and yet the Jury, after a long and painful in-
veſtigation of the cafe, had acquitted Hardy.,, God bleſs
them! for long, long would their names be dear to every
honest man in the kingdom for it. If there was not evidence
enough to convict Hardy, there was ſtill leſs to convict Mr.
Tooke, for it appeared on evidence for the Crown itſelf,
that there was nothing in the charge against him; they had
made out no caſe againſt him on which the Jury fhould take
away the life of a flea; it was ridiculous to call it a charge
at all, there was nothing to be found in the Arabian Nights
Entertainment that had lefs to do with a criminal profecu-
tion for High Treaſon, than the evidence had to do in ex-
plaining the guilt of Mr. Tooke, as charged in this indict-
ment. Mr. Tooke, who was charged with the guilt of
the Convention at Edinburgh, did not even agree it fhould
be held at all; and when Mr. John Williams went to his
houſe at Wimbledon, defiring him to attend the Society to
appoint the Delegates, he refufed to attend, not, that he
thought the appointment illegal, but becauſe he thought it
ufelefs, and for this he was called a Spy and an Aristocrat
by the Society, and by the Crown he was charged as being
a Republican who deferved to be hanged.
He next proceeded to take notice of the proceedings of
the Convention at Edinburgh, and maintained that from
begining to end there was nothing like any probability of
their entertaining any hoftile attempts against the great and
powerful government of this country. That a hundred and
thirty unarmed individuals, with fomething leſs than ten
pounds in the tund, fhould be able to withſtand the great
ſtanding
Published by ALLEN & WEST, No. 15, Paternoster-Row. 235
เ
ſtanding army of the kingdom, was a thing too ridiculous to
be thought of. Some of the members of that Convention
had been tried in Scotland, and of the legality of the pro-
ceedings there, fome of thoſe whom he thought the greateſt
men in this country, were of opinion they were illegal, and
he believed the day would arrive when Parliament would
declare the judgments in theſe caſes to be reviſed. However,
theſe accufations in Scotland went no further than to charge theſe
men with a miſdemeanor; and yet now, for the very fame
thing, the Jury were called upon to fhed the blood of the
honourable Gentleman at the Bar; if one man was guilty
of treafon upon this, they were all guilty; all the members
of all the Societies were fo. How many tenants will the
Miniſter have in his hands upon this cafe? But the truth
was, thank God, that none of them were guilty, and fo
it would foon appear; for, it would be proved that Mr.
Richter, now in Newgate upon this charge, had declared
before he was taken up, and at the Houſe of Mr. Thelwall,
whom he was ready alfo to defend without fear of fuccefs,
to as honourable a man as any living, Mr. George Rous,
that they meant nothing more by their intended Convention
than to obtain a Parliamentary Reform, and aſked his opi-
nión on it, and if it fhould appear adviſeable, they would
not call the Convention at all, and they never did actually
agree to call that Convention; and yet this was the great
Gunpowder Magazine of all this Treafon which had
alarmed us fo much, on the ftrength of which the Palla-
dium of Britiſh Liberty was fufpended-he meant the Ha-
beas Corpus Act-and it was for this that men were to be
hanged for High Treafon.
He proceeded then to take notice of the charge of appro-
bation of the works of Mr. Paine, as applied to theſe So-
cieties, and particularly to Mr. Tooke. The truth is, that
Mr. Tooke had over and over again declared his approba-
tion of feveral parts of that book, and as highly diſapproved
of all that part which abufed monarchy. The book itſelf
would not have appeared in England, but for the appear-
ance of Mr. Burke's book on the French Revolution, to
which it was an anſwer; and this fame Mr. Burke, who
now feemed to infift that every man ought to be hanged
who did not deteft every thing written by Mr. Paine, had
himſelf, and that after this country had declared war againſt
America,
G &
236 TRIAL of JOHN HORNE TOOKE, for High Treaſon,
America, agreed with the fentiments written by Mr. Paine,
in a work called Common Senfe, from which the greater
parts of the Rights of Man are taken. But it feemed that
Mr. Tooke had entered into a fubfcription to fupport Mr.
Paine, when he was under profecution for publiſhing this
book. The truth was not all known to the Jury upon that
buſineſs. In point of fact, Mr. Paine at this time was
not a rich man, and after it was underftood that he was
to be profecuted, there was a combination made againſt
him that he ſhould not be defended. I at that time, faid
Mr. Erfkine, was Attorney General to the Prince of Wales:
I was told if I defended Mr. Paine, I fhould lofe my place;
I did defend him, and I loft my place. He argued it was
from an idea of this combination, ſo odious in England, that
Mr. Tooke fupported and countenanced this fubfcription.
Mr. Erskine having enforced thefe topicks with wonderful
energy, and after taking a general view of the impolicy of
fuch profecutions as the prefent, at any time, and more par-
particularly at this time, and having read a beautiful quo-
tation from Hume's Hiftory of England, on the manner
of raifing and ſupporting falſe plots, he came to the gene-
ral character of his Client, Mr. Tooke, who was a man
of great learning and genius, and certainly not a friend to
a plan of univerſal fuffrage, but a firm friend to the true
principles of the Conftitution of England; to prove which,
Mr. Erfkine read Mr. Tooke's Speech at the Crown and
Anchor Tavern, on the first meeting in London to celebrate
the French Revolution, in which he propoſed to the company
to avoid all miſunderſtanding, to enter into a refolution ex-
preffive of an attachment to the Conftitution of this coun-
try, and that we had not the cauſe for a Revolution which
France had, &c. He then defired the Jury to hear Mr.
Tooke's letter to Lord Afhburton, (Mr. Dunning) on the
fubject of Parliamentary Reform, a fubject on which that
celebrated character was then engaged.
Here Mr. Gibbs read the letter.
This letter to Lord Aſhburton, (late Mr. Dunning) is
known to every political reader, in which Mr. Tooke
ſtated clearly his objections to all wild and unqualified
ſchemes of Reform, and fuggefts what in his idea would be
fufficient for all good purpoſes. Would it be believed that
he had confpired to overthrow the Government of the coun
try?
Y
Publiſhed by ALLEN & WEST, No. 15, Paternofter-Row. 237
try?—The book which had been juſt read would fhew
what were the Gentleman's ideas on the ſubject of Parlia-
mentary Reform';-how moderate and how bounded his
ideas were.
Were they only a pretext for other and mor e
violent objects? On the contrary, he would fhew by the
teft:mony of a number of the moſt honourable men then
preſent in the Court, that from the year 1782 up to 1794,
he had proceeded uniformly in the profecution of the fame
object. It will be proved that Mr. Francis, a Member of
Parliament, who had moft honourably and uſefully turn-
ed his thoughts to the fame meaſure of Reform, had
fhewn Mr. Tooke his plan, ſo late as the beginning of the
year 1794, and that Mr. Tooke had ſaid a fourth or a fifth
part of what he fuggeſted would fatisfy him. Mr. Sharp,
who had been called as a witneſs for the Crown, had
fhewn the moderation of the Priſoner; and witneſs after
witneſs ſhould be brought to prove, that if ever there was
a man anxious and folicitous to avoid all diſorder and con-
fufion, it was the Prifoner; and yet, Gentlemen of the
Jury, you are called upon to confider him as a Traitor-as
anxious to depofe the King, and to compaſs his death, and,
if you agree to their premiſes, to fhed his blood! I truft
him with perfect confidence in your hands. I muſt conclude
by ſaying, that Mr. Tooke has the utmoſt title to my praiſe,
for the manly, ipirited, and difinterefted rule of conduct
which he has preſcribed for himſelf, and which, at his in-
ſtance, we have purſued. I was prepared to defend him
in another way; I was prepared to fave him from all the
hazards of this trial, by fhewing, that, however erroneous,
or even criminal others might be, that this Gentleman was
moſt perfectly clear from the imputations in the Indictment.
I was prepared to bring his bark clear through the tempeſt,
and to fteer him happily into port: but, no! the generoſity of
his nature would not leave others to be toft on the waves,
when he was riding in fafety ;-he infifted upon throwing
out a rope, to fave the more indifcreet adventurers with him
in the fame voyage. I muft applaud the fentiment of this
heroiſm, and heartily fecond his virtuous intention, in thew-
ing the innocence of his companions. Exhaufted with fa-
tigue, I muſt conclude this caufe as I did the laft, with
praying that God may enlighten your hearts, to give a true
and faithful judgment in the caufe. My heart is with the
G g 2
cauſe ;
238 TRIAL of JOHN HORNE TOOKE, for High Treafon
cauſe; and, I am fure, fo is the heart of every man who
loves the Conſtitution of his Country. May your verdict
make that Conſtitution more dear to every one of us!
It was then half paſt nine o'clock. Adjourned to nine
o'clock the next morning.
FOURTH DAY.
*THURSDAY, NOVEMBER 20.
ΙΟ
THE Court fat at a quarter paft 10 o'clock, when Mr,
Tooke began his evidence.
The firſt witneſs called was Major Cartwright, who was
examined by Mr. Erfkine.
The Major faid, he had been a Member of the Society
for Conftitutional Information from its first inftitution.
One of the firft Members was Dr. Jebb, &c. although
they had been pleaſed to confider him as the Father of the
Society. The object of that affociation was, to enlighten
the minds of the public with refpect to the nature of their
just rights, to obtain a radical Reform in the Houfe of
Commons, and to recover certain rights which they con
ceived had been loft by the people.
Mr. Horne Tooke here obferved to the Court, that he
had prepared a very great body of evidence, though he had
no defire to bring forward any more of it than was ne-
ceffary for his defence. If the profecutor fhould think it
unneceffary to go through the whole of it, he ſhould be very
well contented, having no other motive whatever, but only
to offer it as neceffary for his defence. If the Court did
not think that evidence abfolutely neceffary for his defence,
he would very willingly forbear it.
Chief Fuftice Eyre obferved, that it was not for the Court
to fay one word on the ſubject. All that the Court could
do, when Mr. Tooke offered any head of evidence was, to
fay whether in their opinion, that head of evidence was
competent. The Court could not take upon itſelf to give
any intimation in any refpect. If thoſe concerned for
the Crown chofe to do fo, that was another confideration.
His
Published by ALLEN & WEST, No, 15, Paternoster-Roz. 239
His Lordship did not wiſh to narrow the grounds of Mr.
Tooke's defence, and faid he might lay it before the Court
in the fulleſt manner that the rules of law and evidence
would admit. He ſhould not think any part of the time
that was employed in the defence waſted,
Mr. Tooke faid, he could not do otherwiſe than addreſs
himſelf to the Court.
The Attorney General conceived it was his duty to ſtate,
that as the cafe he had made on the part of the profecution
had as yet received no anſwer, that it was to be underſtood
by the Gentlemen of the Jury, that he had proved the
cafe laid in the indictment.
Mr. Erskine proceeded with the evidence of
Major Cartwright.-The Major, after relating what he
underſtood to be the great object of the Conftitutional So-
ciety, namely, a radical Reform in the Commons Houfe
of Parliament, faid, the Society had never, to his know-
ledge, departed from that original object. He was a Mem-
ber of the Society to that hour, and declared upon his oath,
that they had never changed that object. If there had been
any fuch deviation from the original intention of the Society,
he thought he muſt have perceived it. Purſuing their ori-
ginal object, they adopted a plan or model that had been ſet
by others. He was an advocate for Univerfal Suffrage and
Annual Parliaments. The Society was inftituted before the
Duke of Richmond publiſhed his Letter to Colonel Shar-
man. The Duke of Richmond's Bill was brought into Par-
liament before his Letter to Colonel Sharman was publiſhed.
The Members of the Society knew the nature of the Bill,
and approved of it. The witnefs faid, he had the honour
of many converſations with the Duke of Richmond on that
fubject, both before and after he had brought in his Bill.
He affifted him as far as he could to carry his plan into exe-
cution. The fale object of the Society was, to act precifely
and exactly according to the Duke of Richmond's plan.
He recollected there was a diverſity of opinions in the Society
about a Parliamentary Reform. Some thought that Uni-
verfal Suffrage and Annual Parliaments were moft agreeable
to the true principles of the Conftitution; and he had been,
and ſtill was of that number; others entertained a different
opinion. If from any thing he had known, feen, heard or
obſerved, he had had reaſon to ſuſpect any member meant
to
240 TRIAL of JOHN HORNE TOOKE, for High Treafon,
to fubvert the Government, and put an end to the office and
title of the King, he fhould have remained in the Society,
had it been only for the purpoſe of moving, that fuch mem
ber fhould be expelled. He never heard of any ſuch diſpo-
fition in any of thefe Societies. No man ever made a motion
or propofition to deſtroy by force the Government and Law
of this country.
Mr. Erfkine.-I aſk your pardon, Mr. Cartwright, for
afking you fuch queſtions. You feem to ftare at me, and
I do not wonder at it.
Chief Justice Eyre-I wiſh, Mr. Erskine, you would aſk
your questions, without making any fuch obfervations.
Mr. Erfkine.-I hope, my lord, I may look the witneſs
in the face.
Chief Juftice Eyre.-But you ought not to make ſuch ob-
fervations. I admit it is very often done-Communis error
facit jus.
Major Cartwright continued-He never heard any perſon
make a propofition that went to the object charged in the
indictment.
•
The Major faid, he had known the priſoner at the bar
about fixteen years; and his knowledge of him had been
very intimate. He had known him in private life; and,
being a member of the Society along with him, he could
inform the Court what his opinions and principles were on
the queſtion of a Parliamentary Reform. Mr. Tooke al-
ways appeared to him, from the converſations he had with
him, to be a ſteady, firm, and inflexible friend to the Re-
form of the Houfe of Commons. That Reform was the
plan he then held in his hand (the Duke of Richmond's
letter). He did not know any particular objections that
Mr. Tooke had to that plan, though he did not concur in
opinion with it. If he had been to chooſe for himſelf, he
would have chofen another. He never found Mr. Tooke
floating between different opinions. Of all the men he
ever knew, Mr. Tooke appeared to him to entertain the
moſt ſteady and invariable opinion, reſpecting a Parliamen-
tary Reform, from the first moment he had known him.
His good ſenſe rendered it unneceffary for him ever to alter
his opinion on that fubject. The Major never heard any
thing fall from him, difreſpectful to the office of Royalty
in this country, but quite the reverfe. In fpeaking on fub-
jects
Publiſhed by ALLEN & WEST, No. 15, Paternoster-Row. 241
jects of that kind, at any time, he always found Mr. Tooke
maintaining that the Monarchical and Ariftocratical parts
of the Conſtitution of this country, were good and excel-
lent in themſelves; and that, in his opinion, the Engliſh
Conſtitution was more perfect than any other upon earth.
That, the witneſs faid, was the general refult of all his
converſations with Mr. Tooke for the laſt fixteen years.
He had not ſeen Mr. Tooke fince the ſpring of 1792. At
that time he did not find the leaſt variation in his opinions.
The Major faid, he had heard Mr. Tooke uſe a fimile,
in order to fhew that his object in a Parliamentary Reform
did not go fo far as that of fome others. He compared a
Society for a Parliamentary Reform, to a number of perfons
who got into a ſtage coach, with an intention to travel to a
certain diſtance. One man chufes to get out at Hounſlow,
another wiſhes to go as far as Windfor, and a third, per-
haps, ftill farther. A Reform of the Houfe of Commons,
faid Mr. Tooke, is what I want. When I find myſelf at
Hounflow I will get out-thoſe who chuſe to travel farther
may; but no farther will I go, by G—d.
The Major faid, that a letter which had been written by
the Conſtitutional Society to the Society of the Friends of the
People, dated 27th of April, 1792, and which had been
fuppofed to be Mr. Tooke's, was not his.
Chief Justice Eyre aſked if that was not the letter to the
Friends of the People, which produced the anſwer, that
they declined having any further intercouſe with the London
Conftitutional Society.
Mr. Erskine replied that it was.
The Major faid, he had figned that letter as the Chair-
man of the Society, and confented to the fending of it.
The object of the Society, in fending that letter to the
Friends of the People, was intended as a ferious, folemn
warning to them, many of whom were Members of Par-
liament. It was not fent to convey a reflection on any par-
ticular man, or number of men; but the Conſtitutional
Society had conceived that fome of the Members of the
Houſe of Commons, who had profeffed to be advocates for
Reform, had not always performed their promifes, and
therefore that letter was fent to guaid them againſt any ſuch
conduct in future. The witnefs faid, he was a member of
the Society of the Friends of the People, when that letter
was ſent them by the Conſtitutional Society. The Major
faid,
242 TRIAL of JOHN HORNE TOOKE, for High Treaſon;
faid, as he was a Member of both Societies, he did not
mean by that letter to convey to the Friends of the People
fomething different from himſelf in another place. After
that letter was fent to the Friends of the People, and after
they returned an anſwer to it, he ftill continued a Member
of the Society of the Friends of the People, and was at
that moment a Member of that Society. They could not
but know of that circumftance. Dr. Towers ftood in the
fame fituation in that refpect with himfelf. The very ob-
ject of the Conftitutional Society was to fupport the Con-
ftitution, and to reftore it to its true principles. He never
heard of any moving towards force, arms, or violence. He
never had the finalleft reafon, from what he faw or heard,
to ſuppoſe there was any fuch thing in agitation.
Major Cartwright examined by Mr. Tooke.
1
The Major at firft faid, he did not recollect that he ever
difputed with Mr. Tooke about what he, the witnefs, con-
ceived to be an axiom. It was a pallage in Locke. Mr.
Tooke told the witnefs, when he came to examine it, it
would not bear him out in the conclufion he drew from it;
and that Mr. Locke's principle was not fafe. The Major
faid, he did not wifh to difpute with a man of Mr. Tooke's
learning and abilities till he had taken the fubject into fur-
ther confideration; but it had fo happened that he never
did. He had heard Mr. Tooke fpeak generally in praiſe
of Locke, and had often heard him difpute with thoſe who
praiſed Democracy.
In his Crofs-Examination, by the Attorney General, he faid,
the laſt time he was prefent in the Conftitutional Society,
was the 25th of May 1792; and he had known nothing of
its proceedings, except from hearſay, fince that period.
He was not a member of the Society, when they wrote to
the Patriots of Sheffield, "That the vipers, Monarchy and
Ariftocracy, were reeting under the grafp of infant freedom ;
and wiſhed that fuccefs might attend its efforts." When
he was aſked, whether he would not have been furprifed, if
he had heard thoſe words uſed in the Society, and applied
to the government of this country; he anfwered, that it was
a general queftion, to which it was difficult to give a clear
and fatisfactory anfwer. It would depend very much on
the context. After the Friends of the People had informed
the Conftitutional Society that they looked on their proceed-
ings and refolutions as irreconcileable with the principles
on
ubliſhed by ALLEN & WEST, No. 15, Paternoster-Row. 243
on which they profeffed to enlighten the minds of the peo-
ple, he thought it unneceffary to write them any more let-
ters. He believed the anſwer of Lord J. Ruffell was only
carried by a majority of one perfon.
The Major faid, he was in the Chair at a Meeting of the
London Conſtitutional Society, in March 1792. At that
Meeting they received a communication from the Friends
of the People in Southwark, in which they ſtated, (follow-
ing the French Revolution of 1791) that equal active citi-
zenſhip is equally the right of every man, and that was ap-
proved by the London Conſtitutional Society.
He was afked, if he, and the Friends of the People, had
gone into ſtage coaches, whether he would have come out
at Hounslow, or would have travelled farther on. The
Major anſwered, that he would do what his confcience dic-
tated to him to be right, and would allow others to go as
far as they pleaſed. That part of Mr. Paine's Works that
was profecuted, related to the Monarchy of this country.
He took it for granted, he was in the Chair when it was
agreed to fupport Mr. Paine against the profecution that
was' inftituted against him. He believed it was not then
known what part of his works was the ſubject of profecu
tion, though it was known before the trial came on.
did not confider Mr. Paine's writings to have been publifhed
with a view to overturn our Government, but as difcuffions
on the fubject of Government. He had never feen Gerald
in his life, to his knowledge, and the last time he faw Sin-
clair, was in 1792.
He
Mr. Tooke afked, whether, if Mr. Muir, whoſe trial
and ſhameful puniſhment the witneſs had read, had done
nothing elſe that was amifs, except that for which he had
been fentenced to fourteen years tranſportation, whether in
his judgment he would have had a right to have been ad-
mitted into the Society?
This was confidered by the Court as an improper quef-
tion.
Mr. Erskine ſtated, that he wished to read a letter which
had been read in the laſt trial, but which would have much
more force in the prefent. It was the letter which had
been publiſhed by the Duke of Richmond, on the fubject
of Parliamentary Reform. The letter was accordingly
read.
нь
Mr.
244 TRIAL of JOHN HORNE TOOKE, for High Treafon,
Mr. Erskine next offered a letter in evidence, that was
written by Mr. Tooke, in May 1782, and addreſſed to
Lord Afliburton, on the ſubject of a Parliamentary Re-
form. This publication was occafioned by a motion which
was made by Mr. Pitt, in the Houfe of Commons, on
May the 7th, 1782, on a Parliamentary Reform; and
contains fentiments on that fubject contrary to thofe expref-
fed by the Duke of Richmond.
The Attorney General oppofed the reading of that letter,
as being irrelevant. It was faid, becauſe that publication
contained the fentiments of Mr. Tooke, on the fubject of
a Parliamentary Reform, in 1782; it was no proof that
he entertained the fame opinion of a Parliamentary Reform
in 1792. He alſo obferved, that it had no relation to the
confpiracy.
Mr. Erfkine and Mr. Gibbs contended, that this letter
ought to be admitted in evidence, on the fame ground
that all the evidence was produced againſt Hardy in the laft
caufe.
The Attorney General made a very able reply,
Lord Chief Justice Eyre faid, if that evidence was offered
on the ground of a declaration of the priſoner, to contradict
fome other declaration againſt him, that was not a folid
ground upon which it could be admitted as evidence. No-
thing was fo clear as that declarations, which a priſoner
made against himſelf, were, by law, to be received as evi-
dence againſt him; on this prefumption, that no man could
be fuppofed to have made declarations againſt himſelf, un-
lefs they were true; and on the contrary, the declarations
he had made for himſelf were not evidence, becauſe there,
the prefumption was directly the other way. If it was in-
fifted that it ought to be received on the fcore of general
character, his Lordſhip conceived it could not be received
en that ground, on account of the particularity of the ſub-
ject; but in his Lordship's apprehenfion, evidence of this
natu had been given in the other caufe. The Attorney
General had faid, that letter had no relation to the confpi-
racy which was charged by the prefent indictment. Per-
haps, ftrialy fpeaking, that was true; but the queftion
was, Whether it had not a relation to proofs that had been
given in the caufe, and whether it was not proof to repel
that?
Publiſhed by ALLEN & WEST, No. 15, Paternoster-Row. 245
that? His Lordship was of opinion, that on that ground it
might be read.
The letter was here read.
A large parchment, containing what was called an Af-
fociation of Gentlemen, for procuring a Parliamentary Re-
form, was put into the hands of Major Cartwright. It
was dated in the year 1780.
Chief Justice Lyre aſked for what purpoſe it was pro-
duced.
Mr. Tooke roſe to anſwer his Lordſhip, and began with ob-
ferving on the ſtrange mafs of evidence that had been admitted
in theſe profecutions, fuch evidence as had never been heard
of before. The Court had been compelled in this caſe to
admit that evidence which had been the cauſe of the un-
precedented length of theſe proceedings. By the Criminal
Law of England, in every fort of charge, except the charge
of compafling the death of the King, the inclinations of
men were always taken for granted to be bad. In all
other cafes the act was the crime. Here the intention con-
ſtituted the crime. Certain Republican inclinations, An-
timonarchical inclinations, which were inconſiſtent with
the peace of the country, were to be punished. The inten-
tion of compaffing the death of the King was alone the
crime, and the overt act the proof. In all other cafes, the
act was the crime. If he were convicted of an innocent
overt act, of a meeting to go to church with an intent to
compaſs the death of the King, it would prove fatal to him.
He faid the piece of parchment which he wished to pro-
duce as evidence, contained ftronger affertions than any that
he had ever uſed on the ſubject of a Parliamentary Reform.
It had been figned by eight or ten Gentlemen of rank and
confideration; by the Minifter of this country, by Mr.
Fox, Mr. Sheridan, &c. and if he was a traitor, that parch-
ment would clearly prove that thofe Gentlemen, who were
undoubtedly among the moſt honourable and refpectable in
the country, were alſo traitors.
Lord Chief Juftice Eyre informed Mr. Tooke that his
guilt or his innocence did not depend upon what others,
whoſe names were to be found on that parchment had done.
His Lordſhip took it for granted, that Mr. Tooke's nainė
was to be found among the other great names in that paper.
Mr. Tooke begged his Lordthip's pardon, and obferved,
Hh 2
that
246 TRIAL of JOHN HORNE TOOKE, for High Treafon's
that the contents of that parchment were too criminal for
him to fign.
Mr. Fox looked at his fignature on that paper, and ad-
mitted that it was his hand-writing.
Mr. Erskine faid, he meant to call Mr. Fox to prove,
that Mr. Tooke attended a General Meeting of the Dele-
gates of Committees from different Towns and Counties
of England, who met at the Thatched Houſe Tavern, to
affent to Mr. Pitt's Plan of a Moderate Reform, and to
return him thanks for the motion he made in the Houſe of
Commons.
Mr. Fox faid, he remembered feeing Mr. Tooke at the
Thatched Houfe Tavern, in St. James's-ftreet. He
thought it was in the year 1785. To the beſt of his
recollection, that was a meeting of all the Friends of Re-
form, a few days after Mr. Pitt had made his motion.
Particular gentlemen were appointed by particular diſtricts
to attend that meeting. To the beft of his recollection,
the object of thoſe who called that meeting, was to ex-
prefs their approbation of the ſpecific plan of Reform,
which had been propoſed by Mr. Pitt. He had not the
leaſt doubt but Mr. Tooke attended as a friend to that
meaſure.
On Crofs-Examination by the Attorney General, Mr. Fox
faid, if he remembered right, the general tendency of Mr.
Pitt's plan was, a propofition, that, if Boroughs were
willing to fell their right of fending members to Parlia-
ment, that right fhould be purchaſed of the Boroughs, and,
in lieu thereof, the right of election was to be given to
the freeholders of the counties at large, or to certain dif-
tricts.
Mr. Francis was next examined. He faid he was a
Member of the Society of the Friends of the People; that
he drew up a plan of Reform of the Houſe of Commons
for that Society. He remembered feeing Mr. Tooke in the
courfe of the fummer 1793, and believing him to be one
of the moſt learned men in the kingdom on ſuch ſubjects, he
begged of him to look at his plan, to examine particularly
into the authorities alluded to in it. Mr. Tooke made
fome obfervations on it. He called on Mr. Took three
or four times in the courſe of that fummer. He approved
of the plan in general, and faid, if it could not be accom-
plished
Published by ALLEN & WEST, No. 15, Paternofter-Row. 247
pliſhed, ſhort of that would fatisfy him. His plan, he ſaid,
certainly did not extend farther than to a Reform in the
Houfe of Commons. Mr. Tooke told him, he had been
applied to to be a Delegate to the Scotch Convention, but
had pofitively refuſed it; in confequence of which he had
fallen into great difrepute with the Popular Societies.
On cross-examination by the Attorney General, Mr. Francis
faid, that when Margarot and Hardy called upon him to
preſent a petition to Parliament, he did not know they
were Affociated Members of the London Conftitutional
Society. He did not underſtand that Mr. Tooke had been
at all concerned with the London Correfponding Society,
in regulating it. He was a Member of the Society of the
Friends of the People, when Lord John Ruffell fent the
anfwer to the London Conftitutional Society, and that
anfwer was carried by more than a cafting voice.
The Duke of Richmond was examined by Mr. Tooke. He
afked his Grace, among other things, whether, when he
had called upon his Grace refpecting fome young men,
his Grace had not aſked him what his opinion was of Mr.
Pitt's plan of Reform ?
The Duke faid, he could not recollect.
Mr. Tooke afked, whether his Grace did not remember.
that he (his Grace) complained of the expence the buying
of fo many Boroughs would put the kingdom to; and that
he, Mr. Tooke, propofed paying the Proprietors of Bo-
roughs with a Peerage, and giving them an hereditary feat
in the Houſe of, Lords inftead of the Houfe of Commons ?
His Grace was forry he could not recollect it.
Mr. Tooke afked his Grace, whether he did not recol-
lect a Convention of the People, confifting of 1200,
from a number of different counties, at the London Ta-
vern? His Grace faid, he had fome recollection of a meet-
ing, though he did not know that it correfponded to the
meeting that had just been deſcribed. He then aſked his
Grace, if ever he recollected him (Mr. Tooke) ftanding
alone in an argument, and at laſt bringing the whole meet-
ing into his opinion?
His Grace faid he had often heard Mr. Tooke argue with
great abilities; but his Grace could not recollect any inftance.
where Mr. Tooke ſtood alone, and brought over every one
to his way of thinking.
Mr.
248 TRIAL of JOHN HORNE TOOKE, for High Treafon,
Mr. Tooke afked, if ever his Grace heard him fay any
thing against the King, or the Houfe of Lords? His Grace
replied, never.
The Right Hon. William Pitt was next examined by Mr.
Tooke. A letter being put into his hand, Mr. Tooke aſked
him, if that letter was his hand-writing. After looking at
it, he anſwered that it was.
Lord Chief Fuftice Eyre aſked, what the letter was?
Mr. Erfkine replied, that it related to the importance of
a Parliamentary Reform.
The Judge afked, what connection that letter had with
this cafe?
Mr. Tooke faid, that letter had the fame connection with
this cafe, that the Duke of Richmond's letter had with the
cafe of Hardy.
His Lordſhip obferved, that the Duke of Richmond's
letter applied to the cafe of Hardy, becauſe Hardy profeſſed
to follow the Duke of Richmond's plan of Reform; and
if that letter had contained the ſpecific plan of Reform
opened by Mr. Pitt in the Houfe of Commons, and for
which a meeting, according to Mr. Fox's evidence, was
called at the Thatched-houſe Tavern, it would have been
very proper evidence, becaufe Mr. Tooke attended that
meeting, and approved of that plan. If Mr. Tooke could
fhew that he ever acted on that paper, he might produce it.
Mr. Tooke faid, he had never followed any other plan of
Parliamentary Reform, than that propofed by the Right
Hon. Gentleman; namely, that which was neceſſary to the
independence of Parliament, and the liberties of the People.
Mr. Pitt being aſked by his Lordſhip to what defcription
of perfons his letter was addreffed? He anfwered, that he
could only judge from the contents of the letter to what
defcription of perfons it was directed; and he thought it
muſt have been ſent to fome perſon who acted as a Chair-
man to a Weſtminſter Committee. He recollected nothing
more about that letter. He faid he recollected a meeting
at the Thatched-houſe Tavern, relative to a motion for a
Parliamentary Reform, which he had made in the Houſe of
Commons in May 1782. He could not recollect with
certainty who were prefent; but he believed that Mr. Tooke
was preſent.
Mr.
Published by ALLEN & WEST, No. 15, Paternofter- Row. 249
Mr. Tooke afked, whether he, Mr. Pitt, had not recom-
mended to endeavour to obtain the fenfe of the People
throughout England, in order to be a foundation for a future
application to Parliament ?
Mr. Pitt anſwered, that he had no particular recollection
of recommending fuch a meaſure. So far as he could re-
collect, it was the general ſenſe of the Members to recom-
mend Petitions to Parliament in the next feffion of Parlia
ment, with a view to a Reform:
Mr. Tooke hoped that his Lordship would now allow him
to read Mr. Pitt's letter,
His Lordſhip replied, that he was as far as ever from
entitling himſelf to read that letter.
Then your Lordſhip, I hope, faid Mr. Tooke, will let
me have it again.-The letter was returned to him.
On cross-examination by the Attorney General, he faid, there
was nothing paffed at that meeting reſpecting bringing about
a Convention by Delegates from different bodies of the
People. There never was fuch a thing agitated in his
prefence.
Mr. Tooke asked him, what that meeting was, but a
Convention of Delegates from different great Towns and
Counties, appointed by Committees of thoſe towns and
counties of England?
Mr. Pitt faid, he had not a fufficient recollection how
that meeting was compofed; but he did not confider it as
a meeting which was authoriſed to act for any body but
themſelves.
·
Mr. Tooke faid, he would perhaps recollect, that it had
been objected in the Houfe of Commons, that they came
from other perfons in a delegated capacity?—He ſaid he
had no recollection of any ſuch thing: he did not recollect
exactly how that meeting was compofed, and therefore did
not know but that fome of thofe perfons might have been
deputed by others.
Mr. Sheridan was next examined by Mr. Erfkine. He
knew Mr. Tooke, and had feen him at different public
meetings held for the purpoſe of Parliamentary Reform,
He had met Mr. Tooke in the year 1780, at a Conven-
tion or Meeting of Delegates from different parts, who
were to conſider of the belt means of procuring a Parlia-
mentary Reform, and to act for thoſe who deputed them.
He
250 TRIAL of JOHN HORNE TOOKE, for High Treason,
He himself was a delegate for Weftminſter, with five or
ix other gentlemen. The purpofe for which they were
appointed, was to act in concert with the other delegates,
to promote the object of a Parliamentary Reform; and
certainly, by all leg conftitutional means, to intereft and
engage the public mind in that object, with an expectation
certainly, that the influence of public opinion would fo far
operate on the Houfe of Commons, as to procure them
their object; which, without an interpofition on the part
of the people, they had no hopes whatever of obtaining.
The inhabitants of Weftininfter confided the means to the
Delegates entirely. It was a thing pcrfely notorious, that
the Delegates acted for other Societies as well as them-
felves. They did not fign a paper in which they did not
ftate themſelves as Delegates acting for other people: no
man could poffibly be ignorant of it. He conceived Mr.
Tooke attended for the fame purpoſe with the rest of them.
Sometimes they were affembled in very great numbers from
Yorkshire, Devonshire, &c. He confidered them as dele-
gated generally to purſue the beſt and ſtrongeſt legal means
to obtain their object. They were of opinion, unleſs Pe-
titions came from the whole body of the People, that they
would be perfectly 'frivolous and ufelefs. We were to col-
lect the fenfe of the People firſt in finaller meetings, and
then that there ſhould be Delegates or Deputies in larger
meetings from all parts of the country. They never formed
an idea that a Reform in the House of Commons was to
be effected by violence or force. They certainly did expect
a degree of awe-not a wrong awe-but that fort of awe
and refpect which was due to the collected fentiments of the
people at large, when publicly expreffed.
Mr. Sheridan was then examined by Mr. Tooke.-He
faid he recollected attending an anniverſary dinner in 1790,
at the Crown and Anchor, to celebrate the French Revolu-
tion, Lord Stanhope in the Chair. On that day he made
a motion, expreffive of their fatisfaction and joy at the
eſtabliſhment of Liberty in France. Mr. Tooke expreffed
his full approbation of that motion, in refpect to the pro-
priety of the meeting. He ftated, that fome intemperate
Refolutions might be voted; and therefore it was, that the
witneſs made the motion alluded to, which was received
with very great approbation. Mr. Tooke did not directly
object
Publiſhed by ALLEN & WEST, No. 15, Paternofter-Row. 25€
object to the Refolution, but he thought an unqualified ap-
probation of the French Revolution might produce fome
bad effects out of doors, and might induce a difpofition to
á Revolution in this country; or at leaſt if it did not pro-
duce that effect, it might be mifrepreſented. He objected
to the circumſtance of their having cockades, which they
all wore in their hats. He made an amendment to the mo-
tion, by a declaration of attachment to the principles of
our own Conſtitution. Mr. Tooke compared the govern-
ment of France to a veffel fo foul, and fo much decayed,
as to be perfectly incapable of repair; and in contraſting it
with our own, faid "Thank God, the main timbers of
our Conftitution are found:"-having before faid that a Re-
form was neceffary. He faid he remembered Mr. Tooke's
fpeech with more accuracy, as Mr. Tooke was received
by fome violent people with great diſapprobation, and with
very rude interruption. He faid he had very often feen him
received with very confiderable marks of diſapprobation,
but never faw him much affected.
Mr. Tooke ſaid, the people of this country had not fo
hard a task as the people of France. They had only to
maintain and improve the Conftitution of their anceſtors.
Mr. Tooke made an amendment to the motion of the wit-
riefs, which was negatived as an amendment, becauſe they
had met there to commemorate the French Revolution.
The amendment, however, was afterwards put as a dif-
tinct Refolution, and was then as univerfally adopted by
the company as it had been negatived by them before.
Mr. Pitt here obferved, that conceiving he ought fully
to anſwer the queſtion that was put to him, he had to add,
that there was a meeting before he made his motion in Par-
liament for a Parliamentary Reform, and that that meet-
ing was not at the Thatched-Houfe Tavern, in St. James's
ſtreet, but at the Duke of Richmond's in Privy Gardens,
where a number of Gentlemen attended, fome of whom
were Members of Parliament, and others who were not
Members, but Delegates from different counties.
It being four o'clock, his Lordſhip requeſted the Gentle-
men of the Jury to go out and get a refreſhment.
Lord Stanhope was called. He faid, he recollected per-
fectly the Meeting of the 14th of July, 1790; he was in
the chair: it was one year after the deftruction of the Baf-
I i
tile.
252 TRIAL of JOHN HORNE TOOKE, for High Treafons
The
tile, and they met to celebrate that glorious event.
Meeting was very refpectable, and confifted of feveral hun-
dred perfons. Mr. Sheridan and Mr Tooke were both
prefent. Mr. Sheridan moved fome refolution reſpecting
France, and Mr. Tooke thought it too general. He faid
he fhould not flatter any man, though lately he had flat-
tered the women. Here Mr. Tooke, he ſaid, was hiffed
as this alluded to his having canvaffed for Weltminſter, and
many Foxites were prefent; it was with difficulty he was
permitted to go on. When he did proceed, he fpoke about
our own Conflitution, and ſaid, all the main timbers were
found, and only wanted fome reparation.
This was
the fubftance of his propofition; he could not ſay that
he recollected it with with more precifion.--He
was perfectly perfuaded that the Society, when affem-
bled, had no intentions hoftile to the Conſtitution of the
country. He became a Member of the Houſe of Com-
mons at the General Election in 1780. He faid he had
attended many meetings for the purpoſe of a Reform in
Parliament. There was one in 1782, when he thought
Mr. Horne Tooke was prefent: it was held at the
Thatched Houſe Tavern: it was after Mr. Pitt's firft
motion was negatived. Mr. Pitt made three motions:
Ift, a general one; the 2d more fpecific; and the third
contained a plan of Reform, as follows: To advance one.
million for the purpoſe of buying up the rotten boroughs.
Mr. Wyvill was a warm friend of this laft plan of Mr.
Pitt's; and chiefly through his means a meeting was held
in 1785. It was then propofed to come to a refolution,
which fhould give the fanction of the meeting to this plan.
He was fure Mr. Tooke was there prefent, becaufe Mr.
Fox oppofed the propofed motion, aud Mr. Tooke ſpoke.
in defence of it, and of Mr. Pitt's plan. They met there
in their individual capacities; but he was at other meet-
ings, when they met as a Society of Delegates, in the
years 1780-81. He is not in habits of intimacy with
Mr. Tooke in private life; nor does he recollect whe-
ther he was prefent at the meetings in the year 1780 and
1781.
On his croſs-examination, he 'faid he did not fpeak to
any thing fince the year 1785, except as above, in the
year 1790.
The
Publiſhed by ALLEN & WEST, No. 15, Paternofter-Row. 253
The Rev. Mr. Wyvill was then fworn. He remember-
ed the meeting in the year 1785. It was called through
his perfuafion. It was then intended to give fome mark
of approbation to Mr. Pitt's laft plan of Reform. There
exifted fome difference among the Members; but they
thought the object would be better attained by the united
voice and petition of the people, than while they were dif-
united. Mr. Horne Tooke was then preſent, and ſpoke in
favour of the propofition. He could not with certainty re-
collect, whether he was prefent at the meetings in 1782.
The object of thofe meetings was to animate the people
to purſue Parliamentary Reform by petition. This was
the fubftance of the propofition there adopted.
Mr. Macnamara faid, he was preſent at the meeting in
1788, at the Thatched Houſe Tavern. Mr. Tooke was
there. Mr. Tooke moved fome refolutions; but he did
not take minutes of them. He could not, therefore, ſay
what they were; but the ſubſtance of them he thought
perfectly conftitutional and loyal; and fuch as might be
expected from a man who refpected the Conſtitution of
this country. He did not recollect whether they were
carried.
Mr. Tooke afked whether the Members wore any par-
ticular drefs?
Mr. Macnamara faid they did; they wore blue coats with
orange collars, and buttons with " King and Conſtitution"
upon them, He knew Mr. Tooke, and had frequent op-
portunities of converfing with him during the time of the
Regency bufinefs; and from all he ever faw of the conduct
of Mr. Tooke, he was perfuadeď no man was more devoted
to the Monarchy and Ariftocracy of the country.
Upon his cross-examination, he faid he went abroad in
October 1789, and therefore could not ſpeak to any tranſ-
actions fince that time.
Mr. Fielding (the Counfel) was fworn. He was prefent
at the dinner of the friends of Lord Hood: but as Mr.
Erfkine was proceeding to examine as to the manner in
which a particular refolution paffed, the Court thought it
was in no way evidence to be admitted in the preſent
caufe.'
Lord F. Campbell was prefent at the dinner alluded to;
he recollected that Mr. Horne Tooke fpoke, and remembers
Ţi 2
fome-
254 TRIAL of JOHN HORNE TOOKE, for High Treaſon,
W
fomething of the propofitions, but he could not recollect
their fubſtance. He thinks nothing difloyal was faid: he
was certain nothing offenfive was faid.-[Mr. Tooke here
read the refolutions to him.] The first was, "That the
Whigs of 1688 thought a mixture of Monarchy, Ariftocracy
and Democracy effential to the happineſs of this country.
Poffibly thoſe might be the reſolutions; he could not re-
collect.
Lord Camden being called:
Mr. Tookę.-You fee, my Lord, I am driven from one
bad recollection to another; I hope I have come to a good
one at laſt.
Lord Camden recollected being preſent when the Refolu-
tions were propofed, and Lord Frederick Campbell's finding
fault that he was not previouſly confulted, but not the fub-
ftance of them. He thought they contained nothing un-
worthy of a good fubject. On fome of the refolutions being
read to him, he thought he remembered them.
Mr. Tooke. Confider, my Lord, that the Club is not
yet diffolved; that you and I are ftill Members of it, and
that according to the preſent ſyſtem, all the treaſons with
which I am charged may be brought home to you.
Attorney General.-Have you, my Lord, had any con
pection with Mr. Tooke fince 1788?-A. None.
Mr. Tooke.-The Club is not yet diffolved?-A. I da
not know.
Mr. Beaufoy remembers being at the meeting at Willis's,
but does not recollect any particular drefs then worn. He
alſo recollects fomething of the refolutions, but does not
know what they were,
On his cross-examination, he faid, he had never ſeen
Mr. Tooke but once fince.
Mr. Tooke.-You fay you never faw me but once fince.
Pray, do you never recollect a time when you were unfor
tunate? Did you not meet me at Waghorn's Coffee-houſe,
and complain to me, that after all the fupport you had given
to Mr. Pitt, he refuſed to return you the civility of à bow?
The Court interfered, and thought the queſtion irrelevant.
After a fhort altercation the Attorney General called on
the Court to protect the Witneſs.
Mr. Tooke. As the Attorney General thinks himself
bound to protect my Witneffes, I will not be fo inhuman
to diftrefs them. I will not prefs the queſtion.
Mr.
Published by ALLEN & WEST, No. 15, Paternofter-Row. 255
Mr. Beaufoy. Before I go from this place, I beg leave
to ſay, that I have no recollection of having made any fuch
complaint at any time, or in any place.
Mr. Tooke. Then he has forgotten it!
The Attorney General complained of this remark, after the
Witneſs had faid he did not fay fo.
Mr. Tooke. He fays only he does not recollect it. I am
fure he cannot pofitively anfwer my queftien in the nega-
tive; I will wager.
[Mr. Tooke was stopt by the
Court for ufing an improper expreffion, which he readily
acknowledged, and ſaid he had done with it.]
Attorney General.-You know nothing of the Priſoner
fince 1789-4. No.
Mr. Tooke.-The Attorney General feems to aſk this
queſtion of every Witness, with a view of impreffing the
ury with an idea that I have no evidence to my conduct
fubfequent to the period at which this charge of treaſon
Commences.
Attorney General.—It is a queſtion I have a right to aſk,
as it might lead to other queſtions.
Mr. Symmonds faid, he was a Student of the Inner Temple,
and a member of the Conſtitutional Society; had been fre-
quently in company with the Prifoner, and from what he
could learn of his opinions, they feemed to be in favour of
the Monarchy and hereditary Ariftocracy of the country.
The object of their Society was a Reform in the Houſe of
Commons. He did not know of Delegates being fent to
the Scotch Convention; he did not approve of the meaſure,
becauſe he thought it would be liable to miſconſtruction.
If the Society had departed from their profeffed object, he
muſt have known it. He knew Sharpe, Joyce, Bonney,
Wardle, and Pearſon, and believed them all good characters.
If any confpiracy exiſted, he thinks he muſt have known it.
Cross-examined by the Attorney General. He became a
member the Ift of June, 1792. He does not know Mr.
Joyce was preſent when Barlow and Froft prefented the
Addrefs to the National Convention of France. He never
faw the drawing of "The Road to Hell, by Hanover.
He did not know of the refolutions of the London Corref
ponding Society, figned " Hardy," and which were entered
on their books. He knows the Country Societies affociated
with them. He never faw the draught of the letter ſent to
Norwich.
#56 TRIAL. of JOHN HORNE TOOKE, for High Treafon
Norwich. He had heard of the Addrefs to the Convention;
but he never knew Margarot had written to Mr. Tooke upon
the fubject. He never read a letter from the Editors of the
Patriot. He does not know Mr. Froft's Addrefs to the
Convention, and the Prefident's anfwer. He was not in
the Society when the Addrefs to the Jacobins was refolved
upon. He knew nothing of the proceedings of the Scotch
Convention, nor of Skirving's letter. He heard of the pro-
ceedings of the 17th of January, but was not prefent. He
never faw the rough draught of the Conftitution of the
Correfponding Society, corrected in Mr. Tooke's hand-
writing.
Colonel Money faid he was a Marefchal de Camp in the
French fervice up to December 1792, when hearing that a
war was about to take place between England and France,
he returned home. On his return he waited on Mr. Dundas,
and was at the Levee. He never was reproached, either by
Mr. Dundas or his Majefty, for what he had done.
The Lord Prefident faid, that this was no evidence, and he
fhould ſtrike it out of his book.-Mr. Tooke obferved, that
the point in which he meant it fhould bear was, that it
having been made evidence against him that he had fome
correſpondence with France, he only wifhed to make it
appear, that others had done the fame, and had received no
reproach.
Mr. Maxwell (examined by Mr. Erfkine) fwore he knew
Mr. Tooke intimately; he had been acquainted with him
ever fince the year 1782; vifited him frequently, and dined
with him; had an opportunity of being intimately acquainted
with his political fentiments, which Mr. Tooke had im-
parted to him confidentially. Mr. Tooke difapproved
highly of the fyftem of Univerfal Suffrage. He remembered
Mr. Tooke faying once, at his houfe at Wimbledon, the
converfation turning on Parliamentary Reform, that he
fhould stand Candidate for one of the clofe Boroughs, as
they are called; and, if he did not fucceed, he would petition
Parliament, in order to have an opportunity of expoling that
ſyſtem, and bringing the Borough-mongers to thaine.
There were others in company, who agreed with him, and
profeffed fimilar intentions: Mr. Walker, of Mancheſter,
was one.
The
Fubliſhed by ALLE & WEST, No. 15, Paternoster-Row. 257
The Attorney General crifs examined this witness-He
afked if he was Doctor Maxwell?-He anfwered he was
not. Being afked where he lived? he faid he came from
Linlithgo, in North Britain; that he generally came to
town in the winter.
Mr. Tooke.-As you are not Doctor Maxwell, what
trade are you of? or are you Clerk to any body, Servant to
any body, or do you keep fervants of your own?—A. I
have fervants of my own.
Mr. Payne, examined by Mr. Erfkine, fwore he knew
Mr. Tooke, and that he was a friend to the Monarchy
and to the Ariftocracy of the kingdom.
Captain Harwood examined by Mr. Erfkine, fwore that
he is an Officer in the Army, Captain in the 19th Regi-
ment of Dragoons; he had known Mr. Tooke nearly for
fix years, in confequence of an introduction of his uncle,
who frequently alfo vifited Mr. Tooke. The witneſs and
his uncle vifited him from day to day; he had continually
converfed with Mr. Tooke on political fubjects, and was
able to inform the Jury, that Mr Tooke had the higheſt
veneration for the Government of this country, as it con-
fifted of King, Lords, and Commons; he had heard Mr.
Tooke fay there was a great number of Borough-mongers
in this country, who ought to, be ashamed of them felves,
and by continual applications made to Parliament about
them, they would be ashamed of themfelves. He made
one day after dinner at his own houfe at Wimbledon, a pro-
pofal to ftand at the General Election for one of the Rotten
Boroughs, and if they did not fucceed, to petition Parlia-
ment, and expofe the Boroughs, fo as to make the holders
of them afhamed of themfelves. The Witnefs, Mr. Max-
well, and Mr. Walker, of Mancheſter, agreed to it.
On his cross-examination by the Attorney General, he ſaid
he was a Member of the Conftitutional Society, and re-
membered that Society voting Thanks to Barlow and Froft,
for préfenting an Addreſs to the National Convention of
France, &c.
-Mr. George Rous was called; but as his evidence only
went to the opinion of the Friends of the People on the
proceedings of the Conftitutional Society, and of the decla-
rations in their own favour, of ſome of the parties now in
confinement for High Treafon, the Prisoner could not have
the
258 TRIAL of JOHN HORNE TOOKE, for High Treafon}
the benefit of Mr. Rous's teftimony, the Chief Juſtice having
decided this not to be admiffible evidence.
The Bishop of Gloucester examined by Mr. Toske.
2. How long have you been acquainted with me, my
Lord?-A. Forty years.
2. Was that acquaintance, my Lord, a flight, or a
confidential one?-1. Very confidential indeed for many
years.
2. Does your lordſhip recollect knowing me at the Uni-
verfity of Cambridge. I believe we were together there?
A. Yes.
2. Do you remember, my Lord, any circumſtances re-
ſpecting my being refuſed the degree of Maſter of Arts, at
Cambridge?—A. I do recollect that you was oppoſed.
2. Does your Lordſhip recollect any other perfon being
oppoſed, and is it not ſuch a degree as would be given to
any?
Chief Justice.-For the honour of the Univerſity, this
queſtion fhould not be put in this fhape.
Mr. Tooke.-I mean no reproach upon the Univerſity.
Chief Justice.—No, I do not ſay you mean any reflec-
tion, I only ſay it is not neceffary to put a queſtion in that
way.
Mr. Tooke.-Does your Lordship think that the oppo-
fition I met with, aroſe from the immorality, the igno-
rance, or any known infufficiency or defect in my character in
life?-A. I underſtood the oppofition to originate entirely
from fome letters which were publiſhed in the public
papers, faid to be written by you to Mr. Wilkes, and pub-
liſhed as fuch.
2. Does your Lordship recollect that Lord Mountford
took an active part againſt me upon that occaſion ?-A. I
do.
2. Does your Lordship recollect, that in confequence
of that oppofition, a very minute and ftrict enquiry was
made into my character at the Univerſity, and that I called
for every charge to be exhibited against my character?-A.
I have an imperfect recollection of that kind.
2. Did they produce any thing effential againſt me?
4. They did not.
2. Is it poffible, in your opinion, my Lord, that during
my
Published by ALLEN & WEST, No. 15, Paternofter-Row. 259
mmy ſtay there, any well-founded charge could be laid againſt
me with regard to my morality and general character ?—
A. I certainly thought at the time no fuch objection was
brought againſt giving you your degree, and, therefore, I
gave my vote for your receiving your degree.
2. I believe your Lordship was then Tutor, and Public
Orator at the Univerſity ?—A. I was at that time Public
Orator: it was, I believe, in the year 1771, or 1772.
2. I beg to know whether it is not your Lordship's
opinion that I was then, as I am now, in point of political
fentiments?-A. I never knew you vary in your political
fentiments in my judgment.
Q. Have we talked freely and familiarly together very
often?-A. Certainly.
2. Did you ever, from converfing with me on my own
fentiments, find that I was difaffected to any of the efta-
bliſhments of the ſtate, civil or religious?—A. No, I did
not.
2. Can your Lordship fay you are not perfuaded, from
the courſe of my life, that it has been diligent, and tolerably
ftudious?-A. Very ftudious; more fo than that of moit
mẹn, certainly more than that of many.
2. Does your Lordship recollect when I was at the
Univerſity, affifting me with books there?-A. Yes, books
that were no where elſe to be had. I believe they were
very valuable books, they came from the Bodleian Library,
at Oxford.
2. Does your Lordfhip fuppofe that I was more em-
ployed in depofing the King, and overturning the State,
than in inventing new words, and new meanings to words?
-A. I know you have been very much employed in the
latter, and I have no reaſon to believe you ever were in the
former.
Cross-examined by the Attorney General.
2. Does your Lordship know any thing of the London
Correfponding Society, or the Conftitutional Society, for
the last three years?
Mr. Tooke.-I think, my Lords, the Attorney General
and I are now upon a level. There certainly is as much inde-
corum in the Attorney General afking the Bithop of Glou
cefter what he knows of Political Societies, as in my afking
a Member
K k
260 TRIAL of JOHN HORNE TOOKE, for High Treafon's
a Member of Parliament, whether the Minifter had refuſed
to exchange a bow with him.
Chief Justice. There certainly is no ſtrict irregularity in
this queſtion; but I cannot help faying, it does not appear
to me neceffary to afk fuch a queftion of the Bishop of
Glouceſter.
Attorney General.-What is evidence in a Court of Juf-
tice ſhould come from the Biſhop of Glouceſter as well as
any other man.
Here the cvidence for the defence clofed, and it being
now nine o'clock, the Court adjourned till ten o'clock to-
morrow.
FIFTH DAY
FRIDAY, NOVEMBER 21.
THE Court met at ten, when
The Lord Chief Justice faid, that the Court felt them-
felves obliged to obferve, that great ftrefs, in the opening
of the prifoner's cafe, had been laid on the acquittal of
Hardy, which ought not to have been done, unleſs it had
been propoſed to produce the acquittal in evidence. The
Counsel for the prifoner not having given it in evidence,
he thought it proper to inform Mr. Gibbs, that he ought,
on no account, to mention that acquittal in the courfe of
his addrefs to the Jury.
Mr. Erskine obferved, that when a Counſel opens a cafe,
it is impoffible for him to know what judgment the Court
would pronounce upon the admiffibility of a piece of evi-
dence that would be offered to them. It was therefore, he
contended, proper for a Counſel, when addreffing a Jury,
to mention any evidence he might think material and effen-
tial to his Client. It had been their intention, moſt un-
doubtedly, to produce to the Court in evidence the record
of Hardy's acquittal; but if the Court thought it was in-
admiffible, they were willing to wave it.
Mr. Gibbs faid, it was a matter of notoriety, that one
of the prifoners charged in the indictment with the crime
of High Treafon, had been acquitted. The charge againſt
Mr..
Published by ALLEN & WEST, No. 15, Pater nofter-Row. 261
Mr. Tooke was, that he, together with feveral others, had
confpired to overturn the Conftitution, to depofe and de-
ftroy the King. They therefore had a right, he thought,
to produce the acquittal in evidence, but they had not been
able to have the record made up.
The Lord Chief Justice faid, it was the cuſtom of that
Court to read the minutes in evidence.
Mr. Gibbs faid, they offered to fhew that Mr. Hardy
was not guilty of the confpiracy laid to his charge.
Mr. Tooke faid, that he cloſed his evidence laſt night
abruptly, without confulting his Counfel. He had, indeed,
much more evidence to bring forward, but he had been
wearied out; he felt himſelf very much hurt at the manner
in which the Attorney General had concluded his croſs-
examination of every one of his witneffes; whenever he had
an anſwer which he thought unfavourable to him, he had
conftantly ended with "I thought fo;" a fort of infinua-
tion which it was difficult to endure.
The Attorney General faid, he had not the flighteſt ob-
jection to admit the acquittal in evidence, though he had
not confidered the point. He begged leave to obferve,
that he never wiſhed to do any thing more than his duty in
the cauſe, and certainly had nothing perfonal against the
gentleman at the bar.
The Lord Chief Justice faid, the Court thought that the
acquittal being mentioned in a general way, might be car-
ried too far; and this was always the cafe when any thing
was mentioned which was not in evidence. The Court
could not tell the Jury what parts of that cafe might be
applicable to the prefent, nor what parts would not ap-
ply, unleſs the whole were in evidence. Indeed, they
would take no notice at all of it. The Jury ought to throw
it entirely out of their confideration, as if no fuch event
had taken place; but as this was ſcarcely to be expected
from any men whatever, he thought it better to read it,
confiftent with the rules of evidence. It was proper to be
admitted as far as it tended to contradict the evidence that
went to fix the confpiracy on Hardy; but as to any other
point, it certainly was not admiffible, as it would tend to
thow the innocence of any other individual fuppofed to be
implicated in the Confpiracy.
The Record was then admitted.
K k 2
Mr.
262 TRIAL of JOHN HORNE TOOKE, for High Treafon,
Mr. Gibbs faid, it now had become his taſk to defend
the gentleman at the bar. He thought the beſt method of
performing this duty would be, firſt to examine the law of
the cafe as applicable to the facts, and next, what thoſe
facts were which were adduced as falling under the law.
The law, he faid, might be collected from the caption of
the indictment, as it was called; from the commiffion
which empowered that Court to enquire into the facts.
they were authorized to try all treafons in compaffing the
King's death; the only queſtion therefore became, whether
this gentleman was in fact guilty of compafling the death
of the King; for though he fhould prove to have com-
mitted twenty other acts of treaſon, if they did not fall
under that of compaffing the death of the King, the Court
had no jurifdiction to try it. Another place where they
would look for the law, was in the indictment, that
charges the treafon and the overt acts. The charge there
ſtated was, that the prifoner, with ſeveral other falfe trait-
ors, whoſe names are to the Jury unknown, did confpire,
compaſs, and imagine the death of the King. This the
indictment ftates as the treaſon, and it would have been
good if every thing elſe had been omitted. The overt act
itated upon the fame indictment, for the carrying the pur-
poſe into effect, was the affembling a Convention, which
Convention, when fo affembled, thould depofe and bring
o death the King. It muſt ſtate, that the acts com-
mitted were in order to fulfil the intent; and if they
were not ſo charged, the indictment would be bad. It fol-
lowed, therefore, they had to form their opinion from the
actions, and from their tendency. It was true, feveral
other overt acts were ſtated, but what was chiefly relied
upon was, the drawing together a Convention, which
thould depofe, and confequently put to death the King.
This was the fum of the charge-the death of the King
was intended; and this, and nothing more, could be
charged. He would now ftate to them the authority of the
law which was contained in the ftatute of 25 Edw. III. a
ftatute paffed in what, as his learned Friend had already
told them, was called a bleffed Parliament. In effect, it
guarded Englishmen from all thofe vauge, obfcure, and
conftructive treaſons, by which, before that time, their lives
and fortunes had been fo often facrificed. It was meant
to
Published by ALLEN & WEST, No. 15, Paternoster-Row. 263
to protect them from that great ftate engine of oppreffion,
an undefined charge of high treafon. It begins with re-
citing that, Whereas, before that time men were afraid, and
knew not how to fpeak, by reafon that the pains and penal-
ties of treaſon were fo uncertain: and thence goes on to
cnact " That if any one fhould compaſs or imagine the
death of our Lord the King, and thereof ſhould be prova-
bly convicted by open deed, and by men of his own con-
dition, he fhould be guilty of high treaſon." After this
ftatute paffed, treaſons, which were before undefined, be-
came fettled and accurately pointed out. The fame Legi-
flators knowing alfo how difficult it was for men to defend
themſelves from ſtate profecutions, and in their ſolicitude
to protect and guard the ſubject from fuch oppreffion in fu-
ture;-to defend them from vague, loofe and undefined
charges, they further enact, That if any other cauſe ſhould
arife, not declared treafon by the ftatute, but fuppoſed to
be fo, that then the Judge fhould tarry, and not give judg-
ment until the cafe fhould be fhewn unto the King and
Parliament, and they had decided thereon. They had a
ſuſpicion that future Judges and Courts might introduce
conftructive treaſons as former had done, and therefore they
provided againſt it. Thus having fearched for the law, in
the commiffion of the Court, in the indictment, and in the
ſtatute, he would next fee what were in the opinions of
learned lawyers upon the fubject, and what they had faid in
their commentaries upon it. He read the opinion of Lord
Coke, which in the courſe of theſe trials has been before
often ſtated. Notwithſtanding, however, all which has been
done by the ftatute of Ed. III. fucceeding times, and the
practice of the laſt reigns which followed, introduced a
number of conftructive and new fangled treafons, fo that
it became neceflary to pafs another ftatute, which was ac-
cordingly done, in the ift year of Queen Mary. This laſt
ftatute directed the ftatute of Edward to be obferved, and
enacts that nothing fhould be Treafon, but fuch as was
therein ſpecially mentioned and enacted; ſo that by this, the
law was again brought back to its old pofition. Now alfo
was to be obferved, the practice and conduct of great men,
when acting under this ftatute. He would inttance the
cafe of Lord Ruffell, who was tried before Lord Chief Juf-
tice Pemberton, as able and upright a lawyer as any who
ever
264 TRIAL of JOHN HORNE TOOKE, for High Treafon,
ever filled the judicial feat. My Lord Ruffell was indicted
for a deſign againſt the life of the King, during the reign
of Charles II. and there was no reaſon to fuppofe that
he was any way favoured, but that the law was exerted in
its full feverity against him. The overt act to ſupport this
treafon was, that he, with others, did confult and confpire
to feize the King's Guards. This he admitted, was a
ftrong overt act, and Lord Chief Juſtice Pemberton, in
fumming up that cafe to the Jury, tells them the queftion
was, Whether the prifoner had any defign againſt the life
of the King; whether he did compafs to put to death the
Monarch; and the fact of the confpiracy he leaves to them
as a matter of evidence, merely, from which they would
judge of his intentions. He puts it to the jury, whether
the defign of feizing the guards fhould not be evidence of
his intentions against the perfon of the King. But he
leaves it to them, as evidence of his intention only. If,
he fays, you are convinced, or believe, that it was in order
to put the King to death, he had thoſe confultations for
feizing the guards; then you will find him guilty; if not,
then you must acquit him. So did he alfo fay to the Gen-
tlemen of the Jury, If you believe the prifoner at the bar
to be guilty of compaffing and imagining the death of the
King, find him guilty. But armed with more than the au-
thority of an advocate, armed with the authority of a Judge,
he faid-If you do not believe he conſpired the death of the
King, then acquit him. So appeared the Law, and it would
not at all be neceffary now to enter into the nice difquifition
of a depofition of the King, without an attempt upon his
life. If ever that ſhould be neceffarily difcuffed, they would
have to decide between the ftatutes and the decifions. Hav-
ing thus examined the law, they came now to the fact.
The charge laid was, the compaffing the King's death, and
to fulfil this intent, he had confpired with divers others to
call together a Convention. The Solicitor General, in his
outfet itated, that this Convention was to depofe the King,
and that it was to be done by force, that is by the prifon-
er's own force, or the force of thoſe who were connected
with him; this was the accufation. They on the contrary
faid, that ſuch an idea never once entered into his mind, un-
til he heard it fixed upon him in that place. That he had
another object, and that object he had proclaimed aloud to
می
all
Publiſhed by ALLEN & WEST, No. 15, Paternoster Row. zes
all the world; from which object he had never ſwerved or
deviated, either in public or private life; that this object was
that of Parliamentary Reform; and after all the evidence
which had been produced to prove, that it was the real,
the fole, and the full purpoſe of his mind, he thought it
would be difficult for any one to doubt. They had faid
that this object was merely a pretence, and that the avowed
purpoſe was defigned to go much greater lengths. The
Jury would decide, whether he defigned to call a Conven-
tion for the purpoſe of deſtroying the King, and the queſtion
for them was the nature of the overt act ftated. Let them
examine the nature of this overt act, out of which they ſay
this deſign is to be collected. It is proved, that on the 28th
of March a letter is received from the London Correſpond-
ing Society to the Conftitutional Society, propofing a con-
currence in a certain object, which of itſelf is perfectly legal.
They first debate whether they thould anſwer the letter, and
they agree it is fit. The object propofed is, to purfue a
certain plan, by conftitutional means; furely there was no
compaffing the King's death in this: aye, but then there
was a Committee; there all the miſchief was going for-
wards; furely, if the object itſelf was legal, it did not be--
come Treafon, becauſe it was configned to the hands of a
few men as a Committee. The fact was, the Committec
was appointed the 4th of April; and on the 11th they made
a report, ſtating, that a General Meeting or Convention of
the Friends of Liberty fhould be held; and they had a debate
too about introducing the word Convention, left it ſhould
give offence to nicer ears. This may all be true; but there
was another Committee of co-operation, and the miſchief
was brewing in fecret among them. If men's words are
not a fufficient criterion of their intentions, it is ufual to
refort to their actions, as a means of judging. What then
did this Committee do? Up to the time of the 12th of May,
when Hardy was apprehended, not a ſtep had they taken,
and this dreadful Committee, which was to guide the ftorm,
had met, fat in their arm-chairs, fhook their heads at each
other, but not a ſtep further had they proceeded. Money
was undoubtedly the finews of war. Let us exainine, there-
fore, how they ſtood prepared as to that neceffary ingredient.
Mr. Daniel Adams, their Secretary, told the Court, that the
funds of this Society, which defigned to overturn Govern-
ment,
266 TRIAL of JOHN HORNE TOOKE, for High Tredfon
ment, amounted to 60 guineas a-year. Of this, their neceffary
expenditure was fifty; fo that there remained ten guineas a
year for the payment of their army; by which, doubtleſs,
they meant to overturn the conftitution. But, in point of
fact, it turned out, that the Society was frequently indebted
to its Secretary; fo that, if occafion required, they muſt iſſue
their bank bills to pay their troops; for, he dared to ſay,
they would not fight without pay, and there was no proof
of any volunteers having ſtepped forward. Yet this Society
was the rich men who were ſuppoſed able and willing to
fupport the cauſe, the others were only the poor dogs, who
could contribute nothing. Ten guineas was certainly a
good fum, and of much more value in Scotland than in
England; but yet they could not find enough to fupport
their delegate, Mr. Yorke, in Edinburgh. The fubject of
arins next claimed his attention: no fuch thing had ever
been provided: neither pikes, knives, nor muſkets, were
found; and the Secretary, whom they examined upon this
point, never heard of any fuch matters. He alfo denied
the exiſtence of a Secret Committee: he admitted, it is true,
that there was a Committee of Correſpondence; but ſo lit-
tle did they correfpond, that they were the fubjects of ridi-
cule, by their occupation fo little warranting their title.
They had faid, that Reform was not their object; but he
would prove it was their real and undifguifed object: all the
witneffes called had proved it to be the object, and if they
failed in proving this, they failed in every part of the caſe.
To attempt to controvert this, they endeavoured to fix the
deſign of arming upon the Sheffield people, and then, con-
necting them with the London Societies, to charge a con-
fpiracy upon the whole. But how did they fucceed in that
attempt: both by the evidence of Broomhead and Waddi-
fon, it was proved, that all they did in the way of arming
was by way of felf-defence, and in confequence of repeated
provocations and infults. The next witnefs in order was
Mr. William Sharp, a Member of the Conſtitutional So-
ciety, a Member of the Committee of Correfpondence and
Co-operation, a man who must have been intimately ac-
quainted with every thing that paffed; who, if any confpi-
racy had exiſted, muft unavoidably know it; one who, in
the bill of indictment, was ſtated as a confpirator himſelf.
What was his teftimony? that Mr. Tooke had faid, he
would
Publiſhed by ALLEN & WEST, No. 15, Paternoster-Row. 267
would rather be governed by St. James's, than St. Giles's;
and if he had defigned to pull this Government down, with-
out fubftituting another, (and that was the charge) he muſt
be governed by St. Giles's. He alſo faid, that Mr. Tooke
had ever fpoken of the Conftitution and Ariftocracy of this
country with the utmoſt regard and reverence. Let it be
afked, therefore, how this delign to prove the compafling
the King's death could be made evidence? All the written
documents had not proved it-the parole evidence had not
proved it. They had negatived it to a man. Adams,
Sharp, Widdifon, Broomhead, Davidſon, all accorded they
had no deſign to deſtroy the Government, nor did they be-
lieve that any fuch defign ever exifted. It was no light
confideration, that it had been proved Mr. Tooke was a
man of firm and unſhaken principles-he was never known
to vary his object, and if a revolution was to take place he
expected to be the first victim; for this reafon he had at-
tached himſelf to no party-things, and not men, were the
objects of his attention, therefore, when one fet of men pro-
feffed their attachment to Parliamentary Reform, they united
with him; when they changed their intentions, they left
him. He continued ftill confiftent and invariable. When
Mr. Sharp had clofed his evidence on the part of the
Crown (and the whole of the evidence for the Crown had
difproved the cafe which they had been called to prove)
they had difproved that Parliamentary Reform was but
a pretext-They had difproved what had been afferted
against arming-They had negatived all they had been
called to establish; but, fay the gentlemen on the other
fide, there exifted a general confpiracy, and in order to
nake out that caſe, they produce a mafs of papers, letters,
addreffes, and refolutions without end; a mafs which took
thirty hours in reading; to ſeparate them and arrange them
was impoffible, and to obferve upon them was beyond
the power of human ftrength. From this mafs of papers
the Jury was defied to infer that the Gentleman at the Bar
was guilty of compaffing the death of the King, though no
one paper could be relied on as an overt act of High Trea-
fon, or they certainly fhould have had it; and there was
no fuch thing as an accumulated treafon in the English
Law. The addreffes to the Jacobins and French Conven-
tion, were brought forward as heavy charges. All theſe
LI
happened
268 TRIAL of JOHN HORNE TOOKE, for High Treaſon,
happened before the war, when there exifted the moft per
fect amity, or at leaſt profeffions of amity, between the
two countries. But it had alfo been endeavoured to fix the
proceedings of the Scotch Convention upon his client.
How did that fact turn out? At a meeting, it was propofed
to fend delegates to Scotland.-Mr. Tooke was not prefent,
and as far as his fentiments could be gathered, he appeared
very averſe to the meafure.-Another extraordinary mect-
ing was held, and which, by the by, appeared to be a fort
of a ſmuggled one; and then delegates were appointed.
From this meeting alfo Mr. Tooke was abfent-How then
could they poffibly fix the conduct of thoſe days upon him?
Why then it was attempted to be done upon another
ground. He had written a circular letter in favour of Sin-
clair. It is true, he thought, that he had been hardly and
illegally dealt with, and, as a point of humanity, ftepped
forwards towards his affiftance, although he did not wholly
approve of what he had done. In confequence of this let-
ter, he was attempted to be implicated. But waving all
this-admitting he had confented to the fending of delegates
to Scotland; and, admitting he had gone himfelf as a dele-
gate-nothing done in Scotland amounted to High Treafon,
and he had the beſt authority for faying this the authority
of the Judges who tried the caufes there; for, if they had
thought the crimes there committed had amounted to the
crime of Treafon--they would have been in duty bound,
and certainly they would have done it-they would have
caufed them to be tried for that offence. They paf-
fed improper refolutions, he admitted; but that did not
amount to Treafon. They faid they would refift the
paffing of certain laws; but that was not Treafon. He
faid this upon the authority of Sir J. Frend's cafe.
Chief Juſtice Holt there lays it down, "That a confpiracy
to repeal any law, by force of arms, is not High Treafon;
but, if they do take arms, it is then a levying war againſt
the King, and becomes Treafon; but the bare confpiracy
to levy war, is not ſo-a fortiori, a confpiracy to prevent
the paffing of a particular law, is not included in the crime."
Another mode that had been attempted to affix the conduct
of the Scotch Convention upon Mr. Tooke, was, by the
refölutions of the 17th of January-but how did that fact
turn out? Mr. Tooke difliked them, and quitted the
Lord
chair
Publiſhed by ALLEN & WEST, No. 15, Paternoster-Row. 269
મ
chair when they were put, which was taken by Gerald,
the very man who was flung with the apprehenfion of thoſe
very judgments of which the reſolutions complained. The
approbation to Paine and Barlow was another means uſed
to prove he had compaffed the death of the King; but if he
approved of a book in general, muft it be fuppofed that he
approved of every fentence it contained; he might approve
of thofe works as fpeculative treatiſes upon governments,
without affenting to the obnoxious parts. It had appeared
in evidence, that he was always averfe to a Republic; he
was continually faying his object was a Parliamentary Re-
form, and that only. Mr. Sharp had told them, that he
would not even go beyond his principles. Major Cart-
wright had told them the fame; the laft gentleman was a
friend to Univerfal Suffrage ;-Mr. Tooke was not; and
he had used the fimile of a ſtage coach in which men tra-
velled the fame road to different diftances. "I (faid Mr.
Tooke) go as far as Hounflow, there I ſtop-you may go
to Windfor, if you pleaſe."
•
Mr. Solicitor General had ftated, that force was intended
to be uſed, in obtaining their object-but where exifted
there the leaſt trace of any force having been provided. He
admitted that it was not neceffary to prove a force adequate
to the object, for it in general has hitherto happened, that
thoſe who had aimed at the deſtruction of the Monarch,
were pretenders to the Crown; and, if they had a force in
other countries, which was deftined to fupport them, it
amounted to the fame thing. The other branch of the
charge, the confpiracy, he thought as little proved. The
Indictment ſtated, that the Gentleman at the bar, together.
with Thomas Hardy and others, did confpire, &c. &c.
Thomas Hardy had been tried and acquitted. He was
placed in the fore front of the battle-Was it not of im-
portance, that they ſhould bring forth their ſtrongeſt caſe.
first? He was Secretary to the moſt obnoxious Society, and
therefore muſt have taken a moſt active part of the confpi
racy, if fuch confpiracy did exift. If he had here been
convicted, would it not have been dinned in their ears, that
twelve honeſt men, mindful of the prifoner, but alſo mind-
ful of their country, had upon their oaths, declared a con-
fpiracy to kill the King did exiſt, and that the prifoner was
a party thereof? He begged to borrow all theſe arguments
L12
•
in
270 TRIAL of JOHN HORNE TOOKE, for High Treafons
·
in favour of Mr. Tooke, and to fay that the Jury had ne-
gatived the confpiracy. He muft fay that Jury would but
ill have acquitted their duty, if they. had not felt an impref
fion from the forcible and energetic Addrefs of his learned
friend; but as his client had been accuſed of ufing Parlia-
mentary Reform, as a mere pretext, he would lay open,
and he had laid open, all his conduct both in public and
private life, and would incontrovertibly fhew his real and
fincere object was Parliamentary Reform only. Here Mr.
Gibbs reviewed all the evidence brought forward to ſupport
Mr. Tooke's political character. The evidence of Mr.
-May, Major Cartwright, the Bishop of Glouceſter, &c.
His conduct in 1780-82-83-90-92; from the whole
of which, he faid, his character muft appear in the moſt
diftinct manner. He had entered into this detail at the de-
fire of his client, for he profeffed he felt. not the leaſt anxi-
ety for his fate. He would have adviſed him not to have
faid any thing, for he thought the cafe made out on the part
of the Crown did not require an anſwer. As a profeffional
man, and unattached to any party, but intermingling with men
of all parties, he did not fcruple to declare, he thought it
impoffible for any Jury to pronounce the verdict of Guilty
against the Gentleman at the Bar; and he was convinced,
nothing could give a ruder fhock to the Conftitution of this
country, as far as it related to the diftribution of its laws,
than ſuch a verdict upon fuch evidence.
Chief Juftice Eyre. Mr. Horne Tooke, it is proper that
I fhould inform you, that if you with to addrefs the Jury.
for yourfelf, you have an undoubted right fo to do; and
this is the time to do it. You cannot be permitted to make
any obfervations after the reply, or after the fumming up.
Mr. Tooke faid, he was afraid that, he had already ſpoken
too much, and too often, and therefore fhould not give
their Lordships or the Gentlemen of the Jury any farther
trouble.
Mr. Attorney General next replied on the part of the
Crown. He proteſted, in the moſft folemn manner, in the
prefence of his Country, and in the prefence of God, that
the only object he had in view in theſe profecutions, was
pablic juftice and the peace and fecurity of the country.
This was a caufe which involved in it, the moſt valuable
interefts of the community at large. It was a profecution
เ
involving
Publiſhed by ALLEN & WEST, No. 15, Paternofter-Row. 271
involving in it every intereſt, which at that moment, and
in future periods, could be valuable to the gentleman who
flood at the Bar. He begged again to repeat what he had
faid to the, Gentlemen of the Jury in another ftage of this
bufinefs; that he fhould be an unfaithful fervant of the
public, if he ever forgot, for one moment, to exert his at-
tention to remember it-that the diftribution of juftice, ſuch
as that gentleman was entitled to, according to the laws of
the land, was one of the moſt facred duties, which he, in
the character of Attorney General had to difcharge. The
Gentlemen of the Jury would allow him to fay, that from
the commencement of theſe proſecutions, which had taken
place in confequence of fteps taken by one of the higheſt
Councils of his Majefty, the Parliament excepted; and
they had been carried on to a certain extent by that higheſt
Council of his Majesty, the Parliament, in the ſuſpenſion
of the Habeas Corpus Act; in confequence of this, the
cafe of the gentleman at the Bar, and of others concerned
with him, was carried before a Grand Jury, and that Grand
Jury had found bills of indictment againſt them.
When the prifoner yeſterday intimated that he had no
intention of producing evidence, unleſs it ſhould be deemed
neceflary to his defence, the Attorney General faid he ſhould
have been very glad if he could have put it at once to the
Gentlemen of the Jury; but he declared he could not, con-
fiftently with that duty which he owed to the public. It
was his duty to ſtate the circumſtances of the cafe, as he
underſtood them. Whether he stated them correctly, was
for the Jury, not him, to determine. His learned friend
had, in the courfe of his fpeech that day, told them that he
had no political connections in this country, and that he de-
livered his own opinions on this fubject. The Attorney
General faid he would declare, in the face of his country,
and he defied any man to contradict him, that he flood in
his preſent fituation only in confequence of the induſtrious
exertion of fuch talents as God might have given him; and
he declared, that he would not have moved one ſtep in
thefe profecutious, had they been repugnant to the dictates
of his own judgment, exercifed according to his own con-
fcience; and they would allow him to lay, that in all that
had paffed, he could have, no other, motive than that
his name fhould, go out of that Court with the credit or
difcredit
✔
J
272 TRIAL of JOHN HORNE TOOKE, for High Treafon
difcredit that belonged to it; that his name fhould go down
to poſterity with credit; and from the part he had taken
against the Gentleman at the bar, it muſt go down to poſte-
He hoped his children would be able to fay, their
father had left them that public probity, which was far
dearer to them than any other acquifition. He begged
leave to fay, that when he was diſcharging his public duty,
he fhould endeavour to ftate the facts of the cafe as, cor-
rectly as he could; and if he miſtated them, he hoped to
be corrected by the Jury, the Court, or any body elfe. He
begged leave to obferve, that the Gentleman who ſtood at
the bar, endeavoured, as it ſtruck him, to fhew, by the croſs-
examination of Mr. Adams, that he had very little connec-
tion with the Conftitutional Society; that he had very little
knowledge of that Society, and that he was ftill more a
ftranger to the proceedings of the London Correſponding
Society, and to thoſe of the Country Societies. That was
the tenor of this croſs-examination of Mr. Adams. Being
the Profecutor, he faid, it was impoffible for him not to
know this cafe; he wished to ftate then, and begged it
might be understood, that every word he uttered was a word
uttered with caution, but at the fame time, with that firm-
nefs which the execution of a public duty demanded of him.
The greateſt diſtreſs he felt in this cafe was in being con-
cerned in a profecution againſt a Gentleman, undoubtedly
of great learning and accompliſhments. He hardly knew
in what terms to convey it. This was a cafe of fraud
againſt the public fecurity and happineſs, concealing itſelf
under meaſures calculated for the purpoſe of preventing the
detection of the leader concerned, and placing third perfons
between the individual and danger. Unleſs he greatly mif-
took the nature of this bufinefs, there never was a cafe, in
which any individual had placed fo many perfons under a
miſconception of what he meant, if he meant what his
Counſel faid he meant, than the Gentleman who fat at the
bar. If it fhould happen, that perfons who were yet in
cuſtody, and who had not been tried, had gone lengths to
which the prifoner had not gone, if the charge of High
Treaſon fhould be made out against them, he was perfuad-
ed that muſt remain as a confiderable circumſtance of re-
gret to Mr. Tooke, to the laſt moment of his life. The
law and conſtitution of England did not-pretend to the ex-
t
cellencies
Published by ALLEN & WEST, No. 15, Paternofter-Row. 27)
cellencies of thofe fyflems on which the Rights of Man
were founded. The conftitution of Great Britain was for
the government of man. It did not fuppofe that the King
was perfect. It cloathed his Majefty with Councils to
attend him in various ways; to give him perfcction as far
as was confiftent with human nature, and as far as law
could give a human being. He faid the fame thing with
regard to the Courts of Juftice. Courts might err; Juries
might commit miflakes; but what then?
We had a great
and glorious fyftem on the whole; and, in a doubtful cafe,
he had rather that five thousand guilty men fhould be ac-
quitted, than that one man, upon whoſe caſe any twelve
mẹn could have a fair doubt, fhould be found guilty, and
that the mifery of his guilt thould remain on their minds.
If they thould find the London Conftitutional Society pub-
lifhing libels every day; though they fhould find the Gentle-
man at the bar employed in the fame bufinefs, yet if
thefe libels did not amount to an overt act of High Trea-
fon, they would pay no attention to them. The charge
againſt the prifoner was of a different nature; and it did
not fignify what Mr. Tooke had done, unlefs it was done
in profecution of that with which the preſent indictment
charged him. With refpect to the indictment itfeif, he had
very little to fay to the Jury on the law of the cafe. He
faid he ſhould ftate to them the Law of Treafon very ſhort-
ly. As they lived in an age of innovation, the law as he
ftated it might be wrong: but the Jury would always re-
member that they were to take neither the law nor the facts
from the proteftations of Counſel, in whatever fituation
they flood. It was his duty to ftate the law, as he under-
ſtood it, to the Court, and in the prefence of the Jury, that
they might apply the facts of the cafe to the law. He faid,
he thould not go into this bufinefs at any length, becauſe if
the law, was not to be taken at this day, upon the ground
of adjudications and judicial decifions to be clear law, there
was not one law in England upon which they could ſay
their perfonal fafety or their perfonal liberty was fecure, or
that one fhilling they had was fecure. The indictment went
on this ground, that a confpiracy (he faid he was ſtating the
law of High Treafon as laid down by Coke) to depoſe the
King, was an overt act of High Treafon. Beyond all that,
he ſaid, that a conſpiracy to levy war was High Treafon,
that
274 TRIAL of JOHN HORNE TOOKE, for High Treafon,
that is a confpiracy to levy direct war. For that poſition he
cited Forſter's Difcourfe upon High Treaſon. He declared
he was no advocate for making that High Treafon which
the 25th Edward III. faid was not Treafon. It was equally
neceflary for the fubject, that the crime of High Treafon
fhould be ascertained, as it was for the fafety of the Crown
that a law ſhould exift for High Treafon. According to
Forster, a confpiracy to depofe the King, or to impriſon
him, was an overt act of Treafon within this branch of the
ftatute, for according to that learned judge, between the pri-
fons and graves of princes the diſtance was very fmall. The
experience of modern times, he was affured, had not con-
tradicted that obfervation. He proteſted he was not anxi-
ous about the verdict in this cafe. The Gentleman at the
bar profeffed that his fole object was a Parliamentary Re-
form; but whether that Reform was on the Duke of
Richmond's plan, or on the moderate plan of Mr. Pitt,
the Attorney General maintained that no one action of
Mr. Tooke's life, fince March 1792, was conſiſtent with
his profeffions, except a converfation which he had with
Mr. Francis. He contended that Mr. Tooke's intention
to go in the ſtage coach, as deſcribed by Major Cartwright,
to Hounſlow, and then to get out, was High Treafon,
Non Conftat that he could get out at Hounflow, when thoſe
who were with him intended to go to Windfor for Univer-
fal fuffrage. After they got him into the ſtage coach, they
might carry him to Windfor against his will. The book's
of Mr. Paine and Mr. Barlow were almoft the only pub-
lications that attracted the notice and approbation of the
London Conſtitutional Society. His learned Friends, who
were Counſel for Mr. Tooke, had not dared to look at the
proceedings of the London Correfponding Society of the
6th of Auguft, 1792. The meafures taken in the Scottiſh
Convention were calculated to induce an infinite number of
perfon's (and actually had that effect) to form themſelves
into focieties by affiliation, by combination, by blind delu-
fion, in fhort, by purſuing the whole fyftem of French Ja-
cobinifm, for the purpofe of bringing about in this country
the fame fort of Revolution that happened in France after
the Conſtitution of the year 1791. They wifhed for ſuch
a Revolution; and though there might be a King in the
country, yet they knew that the ultimate profpect which
they
Publifhed by ALLEN & WEST, No. 15, Paternoster-Row.
they had in view would foon follow in this country, as it did
in France. The Attorney General here obferved on the
Addreffes of the London Correſponding and Conſtitutional
Societies to the National Convention of France, together
with the Anſwer of the Prefident. The gentleman at the
Bar knew, that previous to the year 1789, it was totally
impoffible that a Revolution could be brought about in this
country, that was to depofe the King. He knew well,
that the means were not within their power to accompliſh
it. But he contended, that fince March 1789, many, maný
acts had been done by the London Conftitutional Society,
which, as Jurymen, they muft fay did amount to acts of
High Treafon-to induce his Majefty's fubjects to depofe
the King. He contended, that the King of Great Britain
was bound, by his coronation oath, to govern according to
the law of the land. His Majefty was bound, by that oath,
to reſiſt every power that fought to compel him to govern
otherwife than according to the laws. It must therefore
be underſtood, that the King of this country ought to refiſt,
and, he had no doubt, would refift, fuch a power, becaufe
that would be acting according to his duty; and, in refifting
that power, he muſt endanger, and might loſe his life.
The Attorney General glanced very thortly at the tran-
factions of the years 1780, 1782, and 1785, in which
Mr. Tooke had a fhare. He maintained that whatever
might be the profeffions of all the Societies fince that time,
refpecting a Parliamentary Reform, that in fact it was a
mere colour, and that they meant no fach thing; they had
expreſsly agreed that Parliament was not to be applied to,
that it could not be applied to, becauſe it was incompetent
to give the relief, even if they were defirous of giving it.
The plan of a Convention of the people, who were not to
apply to Parliament, but to feek a remedy by their own
power and their own ftrength, was fet on foot fo early as
the 6th of Auguſt, 1793. Mr. Tooke avowed it as early as
the year 1792.
The Attorney General next made a number of obferva-
tions on Mr. Erfkine's declaration, that he would call
Hardy and feveral other witneffes to give evidence in this
caufe. Thofe witneffes, however, had not been produced.
Hardy, in particular, could have fpoke to many important
tranfactions
M m
276 TRIAL of JOHN HORNE TOOKE, for High Treaſon,
tranfactions in which Mr. Tooke had been fuppofed to
have been concerned. Hardly any one member had been
called who belonged either to the London Correfponding
Soc
peyor the Society for Conſtitutional Information, ex-
exor Major Cartwright, who was implicated in thefe
transactions, between March, 1792, and May, 1792, when
he went into the country.
The Attorney General next commented on Joel Bar-
low's Letter of the 6th October 1792. He faid, the pro-
ceedings of theſe Societies, from January 1ft 1793, to the
month of March of the fame year, deferved the greateſt at-
tention of a Jury of the country. By Juries of the coun-
try, the British Conftitution lived, breathed, and had its
being, and on that account Juries were entitled to great re-
fpet. Many letters that were ſent from all quarters con-
tained fuch reflections on ariftocracy and monarchy, as
plainly evinced the intentions of thofe Societies. A Con-
vention was the only thing that would ferve them: a Con-
vention that was to ulurp the power of legiſlation, and all
the great powers of Government.
1
That was to be the cafe when the people were good and
courageous enough, They would then move forward in a
great body at once, being formed into Societies from town
to town, and from village to village, till they fpread over
the whole face of this fea-girt ifland. Then the Neros of
the day would fly before their oppreffed fubjects, when their
proceedings were to refemble the thunderings out of Sinai.
If a Convention had met in England, it muft, from the
nature of the thing, have acted by force. It could not have
executed its purpoſes without force. The Legiflature of
the Country could not permit it to act but by force. It
was a painful reflection to confider what an immenfe-num-
her of poor ignorant men had been misled, and had em-
barked in this plan of a Convention.
:
Mr. Attorney General here inade fome obfervations on the
proceedings of the Society of the Friends of the People. He
next entered into a detail of the Britiſh Convention that met
at Edinburgh, and obferved that 177 Delegates had affem-
bled there from different Societies in Scotland; and thoſe
Delegates, together with others from England, were fup-
pofed to reprefent 700,000 people, who were fuppofed to
be the majority of the adults in the kingdom. His friends
had
Publiſhed by ALLEN & WEST, No. 15, Paternofter-Row. 277
had afked him, whether the Government of England was
to be overturned by 10. the only fum that was found in
the poffeffion of the London Conftitutional Society?-He
faid it was not by money that the French Revolution had
been brought about, but by the phyfical ftrength of large
numbers of men. He next adverted to the proceedings of
the 20th of January 1794, and then to thofe of the 27th
of March 1794, when the project of a Convention to be
held in England began, which was to ufurp all the powers
of the country. The laft thing to which Mr. Attorney
General directed the attention of the Court and Jury was,
the proceedings of Chalk Farm, on the 14th of April laft.
He went through the whole mafs of the evidence that had
been advanced on the part of the profecution, and endea-
voured to fhew, from the whole proceedings of theſe Po-
pular Societies, though their profelfed object was a Re-
form in the Commons Houfe of Parliament, that, in
fact, their intention was to overturn the Government of
this country, to depofe the King, and to put him to death.
He faid, it was clear, from the whole of the evidence, that
the Country Societies, and that the London Correfponding
Society were fubfervient to the London Conftitutional So-
ciety, and that the London Conftitutional Society might be
confidered as an engine in the hands of the Gentleman at
the Bar. He was deeply concerned in all their proceed-
ings. How many important papers had been corrected
and interlined. by him. The fignature of Hardy alſo had
been proved to be in his hand-writing; and the particularity
with which Mr. Tooke had defcribed the different tranf-
aions of thefe Societies was not the leaſt remarkable circum-
ſtance that had attended thefe proceedings. His learned
friend had faid, if the prifoner had been guilty of High
Treafon, every Member of theſe Societies were equally
guilty, and that he muſt be a monfter, who would think of
executing fo many thoufands. He had already obſerved,
that many of the Members of theſe Societies were igno-
rant, and had been miſled; but that was not the cafe with
the Gentleman at the bar. He could not well commit an
act of High Treafon without knowing it. Many others'
might. It might as well be faid that many thoufands were
guilty of High Treafon in the rebellions of 1715 and 1745;
but they all knew that only a few of the ringleaders were
Mm 2
executed,
278 TRIAL of JOHN HORNE TOOKE, for High-Treafon,
executed, as an example to the many who had been mifled by
them. Upon the moſt mature confideration of the evi-
dence given on the part of the Crown, notwithſtanding the
light manner in which it was treated by his Learned Friends
on the other fide, he thought the charge in the indictment
was made out. It was, however, for the Jury to fay whether
it was or was not. He ſaid, he fhould be very happy, if
any error could be diſcovered in his opinions which might
be favourable to Mr. Tooke, but he could perceive no mif-
take he had made, either in the law or in the fact.
The Gentlemen of the Jury would recollect, that if they
found this Gentleman guilty of one overt act of High
Treafon; if they found one overt act fupported by what
amounted to a manifeſtation of that mind which the ſtatute
of Edward III. required to be manifefted by an open deed
the cafe was then made out againſt the Gentleman at the
bar.
He ſaid he had to apologize to them for having taken up
fo much of their time (three hours and a half.) He beg-
ged their attention to what had paffed at Sheffield, and made
a few obſervations refpecting the pikes. He conceived it
was not neceffary that any poffible weapon fhould have been
prepared. If there was a purpoſe to bring about a Na-
tional Convention of the people, and any one ſtep taken
to form that Convention which was to act by force, he ap-
prehended the cafe was eſtabliſhed. Having ftated fo much,
he conceived that he had diſcharged his duty to the public
to the beſt of his ftrength: and he entreated the Jury to let
the Gentleman at the bar have the full benefit of his de-
fence. From the fituation in which he ſtood he was Coun-
fel, to a certain degree, for the Prifoner as well as for the
Crown. He faid he might, perhaps, have mistaken the
whole of this cafe, though he did not think he had mif-
taken, or miftated any one of the facts. Gentlemen, he
faid, I am fure God Almighty will direct you to a right
verdict, and whatever that verdict is, may he grant that it
may have a tendency to fecure the peace of the country.
Here the Court adjourned for fome refreſhment.
At fix o'clock, the Court being reſumed,
Lord Chief Juftice Eyre, after ftating the nature of the
indictment, and the feveral overt-acts charged in it, faid, it
was now expected that he fhould fum up the evidence.
Having
Publiſhed by ALLEN & WEST, No. 15, Paternoster-Row. 279
Having done that as well as he could, he ſhould then en-
deavour to fhew how it bore upon the acts charged, and to
point out what would be the material parts of it, for the
ultimate confideration of the Jury. He then proceeded to
recapitulate the evidence from his notes, with very little re-
mark, reſerving the ſelection, arrangement, and his obfer-
vations, till he had first gone over the whole.
At nine o'clock he ſaid that if there were any hopes of
getting through the fumming up, without adjourning, he
would go on as long as his faculties would permit; but, as
from the great length of the evidence, he could have no
fuch hope, he thought it would be better now to adjourn,
and meet at nine in the morning.
The Court adjourned accordingly.
SIXTH
DAY.
SATURDAY, NOVEMBER 22.
LORD CHIEF JUSTICE EYRE's
CHARGE TO THE JURY.
TH
HE Court fat at a quarter paft nine o'clock, when
Lord Chief Juſtice Eyre addreffed the Gentlemen of
the Jury by obferving, that he had left off laft night (his
Lordſhip had begun to fum up the Evidence on Friday
night, at a quarter paft fix, and proceeded in it till nine)
with ſtating the Proceedings of May 1г, 1792.
His Lordship continued to fum up till half paſt four in
the afternoon, when he finifhed the Evidence on the part of
the Crown.
The Judges and Jury then retired to dinner, and returned
at half paſt five, when his Lordfhip began to fum up the
Evidence that had been produced on the part of Mr. Tooke,
and finiſhed it at half paſt fix.
When his Lordſhip read the paper which was found upon
Thelwall, in the hand writing of Martin, and from which
the refolutions that were voted at Chalk Farm were taken,
he
280 TRIAL of JOHN HORNE TOOKE, for High Treafon,
he ſaid he wished that paper had not been given in evidence
in this cafe. He had only one obfervation to make upon
it, which was, that if he ſcanned it right, it did not at all
relate to a Convention that had for its object a`Reform in
the Commons Houfe of Parliament.
When his Lordſhip, in fumming up the Evidence, came
to the refolutions at Chalk Farm, he made the following
obſervations on them.-They (the London Correfponding
Society) introduce them with a letter of their own to the
Society of the Friends of the People, in which they recom-
mend to that Society to call a Convention. They then
read the anſwer, of the Friends of the People, declining to
fend delegates to a Convention. They afterwards proceed
to paſs a ſtring of violent refolutions.
The fifth refolution is a very violent one, to wit, "That
any attempt to violate thofe yet remaining laws, which
were intended for the fecurity of Engliſhmen againſt the
tyranny of Courts and Minifters, and the corruption of de-
pendent Judges, by vefting in fuch Judges a Legiflative or
Arbitrary Power (fuch as has lately been exerciſed by
the Court of Jufticiary in Scotland) ought to be confidered
as diffolving entirely the focial compact between the English
nation and their governors, and driving them to an imme-
diate appeal to that incontrovertible maxim of eternal juſ-
tice, that the fafety of the People is the SUPREME, and, in
cafes of neceffity, the ONLY LAW."
I can hardly fee in it any thing fhort of a direct Refolu-
tion that the Social Compact is diffolved, and that the peo-
ple therefore are driven to an immediate appeal to that incon-
trovertible maxim of eternal juftice ftated in the Refolu-
tion. It therefore ſeems to me to be a direct affirmance of
the Social Compact being diffolved. But fuppofing it falls
ſhort of a direct affirmance, fee how it goes to it. Any
thing that was more directly calculated to raiſe a civil com-
motion in the country, one can hardly imagine. What in-
tentions men could have in publiſhing fuch Reſolutions,
who had any peaceable meaſures in view, feems to be utterly
incomprehenfible; and thefe Refolutions are in that ref
pect more weighty evidence with regard to the genéral de-
fign of thoſe who led that multitude of people to Chalk
Farm. It fhould be obferved, in juftice to the Gentlemen.
at the bar, that the only evidence that connects him with
this
Publiſhed by ALLEN & WEST, No. 15, Paternofler-Row. 281
this meeting is the evidence of a communication to the
Conſtitutional Society, that ſuch a meeting was intended
to be held on that day. Now it ſeems to me to fall very
far fhort of implicating him in theſe Reſolutions; and
therefore they muſt be confidered as the Refolutions of that
affembly of people who met at Chalk Farm. It will be
for your confideration, whether Refolutions of that nature
entered into in that public manner, did receive in any way
the affent of Mr. Tooke, ſo that you might from thence be
authorized to infer that he did, in any manner, concur or
participate in opinions and refolutions which go totally to
deftroy all pretences of holding a Convention in a peaceable
manner, for the lawful purpoſe which the general object
they always profeffed, the Reform of Parliament, imports.
Gen-
Gentlemen, having gone through the evidence both on
the part of the profecution, and alfo on the part of the pri-
foner, this cafe is now ripe for your judgment. I am fure
I ought to thank you, in the name of the public, for the
patience with which you have fubmitted, and for the atten-
tion which you have paid to this long detail of the evidence, as
well as for your perfonal inconvenience throughout the whole
of the trial. You have now a very ferious duty impoſed on
you, but after the pains you have taken, it is a duty you
will difcharge, to the fatisfaction of your own confciences,
and confequently to the fatisfaction of the country.
tlemen, I faid to the former Jury, that I thought it im-
poffible there could be any entanglement in this cafe, on any
point of law. I apprehend it is impoffible. Though
much was faid on the law, by thoſe who conducted the pri-
foner's cafe, it is quite impoffible that any practical infer-
ence fhould arife from that difcuffion, material to that caſe.
For it was not denied, and it was impoffible it thould be
denied, that a Jury ought to find that he who means to de-
pofe the King, compaffes and imagines the death of the
King. It is in truth a prefumption of fact, arifing from
the circumſtance of finding an intention to depofe, fo un-
deniable and fo convincing, that the law has adopted it, and
it is made a prefumption of law. And it is in that man-
ner that the law has pronounced, that he who depoſes the
King, has compaffed and imagined the death of the King,
All the writers take the law to be fo. Every one of thofe
writers, whoſe names were mentioned, and who were cited
as
282 TRIAL of JOHN HORNE TOOKE, for High Treafon,
as authorities by the Counſel on both fides, conclude that
a confpiracy to depofe the King, is a decifive overt-act of
compaffing the death of the King. In Sir John Frend's
cafe, which was quoted, Lord Holt did exprefsly ſtate it
fo. In the cafe of Lord Ruffel, the overt-act was of a dif-
ferent nature, and more capable of explanation, and there
it was more properly ſtated to be ftrong evidence, than no
evidence, upon which the Jury might exercife their judg-
ment, and where they might poffibly ſay, that a man who
had attacked the King's guards might not intend to com-
pafs the death of the King. Gentlemen, I fhall therefore
give you no trouble on this point. I fpoke in the hearing
of my Lords and my brothers here; when I stated it, my
Lords adopted it to be law, as I ftated it. It has been fo
held for centuries, and God forbid that it ſhould be doubted,
in a caſe in which no reaſonable man can doubt, whether
he who means to depofe the King means to deftroy him,
and that that meaning is neceffarily connected with the de-
pofition. No man ought to doubt, that he who depofes
the King, compaffes and imagines the death of the King,
As I am now fpeaking in the prefence of a numerous
Bar, I wiſh to obferve, that I do not agree to all that was
laid down, and particularly to a propofition laid down in a
very admirable ſpeech I heard yeſterday (Mr. Gibbs's). It
was laid down that there is a difference between a cafe de-
pending on the common law, and the cafe of a ſpecific crime
declared by Act of Parliament. This was faid, as if by
an Act of Parliament the jurifdiction of the Court was con-
cluded, and that the opinion of the Judge on the meaning
of the Act of Parliament was out of all queftion. I heard
this ſtated for the first time. Nothing is fo clear as this
propofition, that the meaning of an Act of Parliament, be it
what it may, more or lefs diftinct, is always a queſtion of
law. It is always a queſtion of law, what is the meaning
and the true import of that Act of Parliament? And
whether any caſe of fact, that can be ſtated, is a cafe com-
ing within that Act of Parliament. There is nothing fo
common. It has been conftantly fo ſtated in all my prac-
tice, and, in my apprehenfion, the theory of the law is
the fame.
I have more than the experience of thirty years in this
Court, during which period, it has been hundreds of times.
the fubject of folemn debate, whether the cafe ftated fell
within
Publiſhed by ALLEN & WEST, No. 15, Paternofter-Row. 283
within the law or not; and it has been held that no dif-
tinction as that taken yeſterday can be made. But in this
cafe it happens, that whether the conftruction of an act
of parliament is matter of law, or mere matter of fact, is
exactly the fame. In the fame manner upon the overt act
of the treaſon of levying war; what is a levying war is a
queſtion of law. And what will amount to an adhering to
the King's enemies is alfo ftrictly a queſtion of law. In
the cafe of Damaree and Purchase, there was a ſpecial
verdict, and it was referred to the Judges to fay upon the
facts there ſtated, whether they amounted to a levying of
war or not. There was a difference among the Judges,
though the majority of them held it was a cafe of levying
war.
I mention this fimply that errors may not get abroad. It
was obſerved by the Attorney General, that this is an age of
innovation, and we muſt keep to our principles and muſt
rally round the law, and therefore a departure ought to be
taken notice of. At the fame time when I take notice of
this, and when the law is correctly ftated, I have great
pleaſure in doing juftice to the other parts of that ſpeech
which I heard with as much pleaſure as any fpeech I ever
heard in my life. I never heard a more effective fpeech,
one more fit to be offered to a Jury by a Counſel affigned to
a prifoner in the cafe of High Treafon, where very much
depends on the Counſel keeping themſelves very strictly
to what falls within the line of their duty, giving the Court
and the Jury effective affiſtance, in the difcuffion of the law,
in the examination of the facts, and in making those dif-
criminations in a complicated mafs of evidence which their
learning and abilitics enable them to make, and to put the
cafe in every poffible method in which it can be put, which
is not only the right of the prifoner's Counfel, but effenti-
ally forwards the public juftice of the country, as it enables
thofe who are to adminifter it to fee where the truth of the
cafe lies.
Gentlemen, you will excufe me for having digreffed from
the fubject for a moment. I now return to the queftion.
They ſtate the cafe for your confideration to be a cafe of
fact, and it is a great fatisfaction if, under the preffure of
the fatigue I have undergone, any great omiffions may hap-
Nn
pen
284 TRIAL of JOHN HORNE TOOKE, for High Treason,
pen to be made by me, the attention you have given to the
Evidence will enable you to fupply the defect.
Gentlemen, the maſs of the Evidence is quite new to
you, except fo far as you may have read it in the imperfect
accounts of Newſpapers. But though it is new to you, it
is to us the ſecond laborious inveſtigation of this fubject,
and furely that ought to enable us the better to aſſiſt the
Jury; but I am not quite fure it may have that effect.
The mind is fometimes overborne by the preffure of fuch
a quantity of materials, and, perhaps, the repetition of
them may rather contribute to overwhelm the mind more
than they did the first time. I am afraid that is my cafe.
I fhall, however, give you the beſt affiftance I am able.
There will be two general views of the evidence; firſt,
as it applies to the proof of a general project to eſtabliſh a
National Convention, which ſhould ufurp the powers of the
Government; and, fecondly, it is a diſtinct queſtion, how
far the evidence applies to fix on the Prifoner a concurrence
and participation in that defign. But I think the courſe of
the evidence will refolve thefe two diftinct propofitions into
one; and the queſtion will be, Whether this Prifoner has
been concerned, and has participated in a plan to eſtabliſh a
National Convention, which fhould ufurp the powers of
the Government? If he has done fo, he has been concerned
in a plan to depoſe the King; for the moment the powers
of the Government are ufurped, the King is depofed. And
it is difficult to draw the line, and to ſay, if they have been
ufurped to a particular purpoſe, and to a particular extent,
that the King fhall not be faid, in that cafe, to be depofed.
In fact, authority is given to the extent, to which fuch a
ufurpation may go; and all the miſchiefs will follow; all
the dangers to the perfon of the King will follow; becauſe
the King is bound to fupport the Government-he is bound
to reſtrain that ufurpation, even to the extent of thoſe ha-
zards to which the Attorney General alluded yeſterday in
his fpeech. For any body of men to take upon themſelves
the powers of the country, to interfere with the legiſlative
authority of the country, feems neceffarily to involve in it
that depofition of which I have been ſpeaking. An attack
on the executive Government is of a very different nature.
There may be a reſiſtance to the laws, and not overturn
them; and the laws will generally, unleſs the reſiſtance
goes
Publiſhed by ALLEN and WEST, No. 15, Paternoster-Row. 285
goes to the extent of deftroying the laws themſelves, the
laws will have energy enough to interpofe, and to bring the
authors to puniſhment. If the laws themſelves are gone
for one moment, the King's authority is gone-every thing
that belongs to the Government is gone.
Gentlemen, in point of fact, a project of a National
Convention, and the exiſtence of a deſign to embark in that
project, is clearly made out. It is very certain there were
perfons, and on the evidence, I think cannot well be de-
pied by Mr. Tooke, or that he was participating in it,
though not preſent at the Meeting, at which the plan was
projected by the committee of co-operation. He was
participating in the plan of a National Convention. But
the queſtion which is material for him to difpute, and
which is material for you to confider, is, For what pur-
poſe this Convention was to be held? The intent makes
a part of the defcription of the overt-act; and the in-
tent here is a mere matter of fact. The intent is often
connected with the fact of the charge, in a way that does
not make a part of that crime. A man who does me a
certain injury, muft make me fatisfaction for it, becauſe
he has done it, and he cannot fhelter himſelf under any in→
tent he had, upon which he may infift he is innocent; be-
caufe he has committed that fact, which the law has quali-
fied to be a crime. But in a cafe of this nature, the inten-
tion is a neceſſary ingredient, and is to be proved juſt as
much as any other part; and it is in truth to this part of
the intent with which the Convention was to be held, that
the whole ſeries of the tranfactions, compofing this evi-
dence, applies.
The evidence, as confifting of circumſtances, all concludes.
in one point, to prove that intent, and this cannot be compared
to accumulative treafon. This is not the nature of the evidence,
and the application of it is totally unlike the cafe of Lord Straf
ford. No one of theſe acts, except one, will conſtitute a ſub-
ftantive act of High Treafon. No one of theſe acts is con-
fidered as treafon in itſelf, nor forty of them as making up any
treaſon from their accumulation; but they are evidence of an
intent. And when the queſtion is, what a man's intent is, it
is to be proved by a thoufand circumſtances: it may be
proved by a ſingle fact, or by a chain of circumſtances
N n 2
that
286 TRIAL of JOHN HORNE TOOKE, for High Treafon,
that are as much difconnected and difperfed through a vo-
luminous body of evidence, as they are in this caſe.
Gentlemen, it has been faid that the intent, taking words
in their moſt obvious fenfe, was to reform the Commons
Houfe of Parliament, and that intent is innocent. But
the profecutors undertake to fhew, that this is not the true
intent. They fay the words ought not to be fo underſtood.
They mark that there is an equivoque in the words, that the
words Parliamentary Reform are ufed-Radical Reform are
uíed-full Repreſentation of the People in Parliament are uſed
-a full and free Reprefentation of the People, without adding
Parliament; all of which, they fay, are words having in
them an equivoque. It is true, when ſpoken of the con-
flitution, of England, as compofed of King, Lords, and
Commons, you underſtand theſe words as applying to the
Commons Houfe of Parliament.
But you would, in favour of innocence, in a cafe where
a party is accuſed of a crime in reſpect of an intent; on this
fort of fubject, you would underſtand the words in that
fenſe that is moſt favourable for the Prifoner, and there-
tore conſtrue them to mean a Reform in the Commons
Houſe of Parliament, till you are obliged to conclude
they bear a different fenfe; and therefore thoſe who
are concerned for the profecution, direct you to the
context of theſe words, where they ſay you will find the
true intent of thoſe who entered into the meaſure for hold-
i
ing this Convention. Now, Gentlemen, I tell you, as I
did on the former occafion, that ought not to be left to be
made out by nice and verbal criticifms. People may ex-
prefs themſelves careleſsly, and not with grammatical cor-
rectneſs; and they may mean what they ought to mean, and
it muſt be clearly and fatisfactorily made out to you, that
they had another meaning; therefore it is they refer you to
the context. You will confider the words, and you will
look at the conduct of the parties who uſe thoſe words.
The conduct of the parties is beft explained, where it is equi-
vocal, by the language they ufe. Now for that conduct
we are referred to the written tranſactions of two voluntary
Societies in London, in correſpondence with other Societies
in England, Scotland, and France, and which includes
the British Convention that met at Edinburgh. The So-
ciety for Conſtitutional Information had, among other cb-
jeas, in view a Parliamentary Reform. That, however,
Published by ALLEN & WEST, No. 15, Paternoster-Row. 287
was not its fole object; nor was that object on any
fixed determined plan. The Correſponding Society was
inftituted early in 1792, profeffcdly for a Parliamentary
Reform, and upon the Duke of Richmond's plan.-
con-
I think the evidence is fo; and though there is a great
deal which might lead one to question the truth of their
principles, I think it ought to be taken that that Society
was inftituted upon this principle, unlefs one can diſtinctly
fee the bottom of the formation of that Society, and
how far it was formed for the purpoſe of acting under
fome direction for fome other purpoſe, under colour of a
Reform in Parliament. Such a thing was important. It
might have been made out, and there were fome attempts
to make it out, and to fix it on the priſoner; and ſome
little way they went towards it, by looking at the ori-
ginal conftitution of that Society, they proved a
fiderable intercourfe between the original leaders of that
Society and the prifoner; but they occurred to me not
to get far enough to maintain their propofition. That
a man fhould keep himſelf behind the curtain in fuch
a Society, to take all the violent meaſures under his direc-
tion, that he ſhould fet up on pretence, in order to execute
a purpoſe of a very different kind, and all this under one
man's direction, is a thing not to be believed by a Jury
but on very clear proof. It is not to be believed, even where
there is probability. Though in the affairs of common
life we are obliged to act on probability, yet a Jury ought
not fo to act.
Gentlemen, this Conftitutional Society appears to me to
be a mere Club. With regard to the London Correfpond-
ing Society, it certainly is of a very different nature. When
you contemplate it fo compofed as to be ſpreading itſelf
every where by its divifions, and each divifion producing a
fubdivifion, which becomes a divifion, &c. and embracing
all the other Societies in the country, many of them confti-
tuted on the ſame plan by a cloſe correfpondence, it is un-
doubtedly a Political Monſter, and moſt portentous; but
fuch a one, as in point of hiſtory, we know of: the National
Convention of France has been obliged to fupprefs it.
Though they probably raiſed themſelves to the government
by it, they found the government could not be firm with it.
It is of a nature to prefent a very alarming afpect to all
thoſe who have any regard for the peace, happiness, and
tranquillity
288 TRIAL of JOHN HORNE TOOKE, for High Treaßon,
tranquillity of this country. It it capable of producing the
moft powerful combinations the world ever faw.
Call to
your recollection the evidence reſpecting the editor of the
Patriot, as to the manner in which thofe Societies might be
extended, by able men going through the country, and in-
fufing their opinions into the minds of every one that could
be prevailed on by every art, and by the most dextrous ma-
nagement. You will eafily fee what poifon might be infufed;
but you will not confider to what extent they might go, for
no man can. And probably many members of that Society
may hear what I am now faying; and I would willingly
hope that honeft men would fee the crime of countenancing
theſe kind of Societies, and not abandon their princi-
ples; that they will be content to communicate their prin-
ciples, where they wish to have them communicated,
through fome channel lefs dangerous to the happineſs of
mankind.
Gentlemen, I have obſerved, that the Profecutors thought
they could trace the origin of this Society to the Priſoner;
and I have obferved, what in my opinion is the true effect
of that evidence with refpect to him. The project of a
National Convention to be held here, is fuggefted in a let-
from the Stockport Society, to the London Correfponding
Society, on the 27th of March, 1792: I do not find it
diftinctly marked in any paper of an earlier date. The
Attorney General, in his reply, thought he found it in a
paper, dated Auguſt 6, 1792. When that paper was read,
I ftated to you what occurred to me on it, and I fhall 'not-
now repeat it. There had been in London meetings of
Delegates for producing a Reform in the Commons Houſe
of Parliament, about the years 1780 and 1781. Mr. She-
ridan, in giving evidence on that fubject, called them a
Convention, and deſcribed them in terms that 'were calcu-
lated to give you an impreffion, that they were a Conven-
tion of the People; and he did, in guarded language, ſtate,
that theſe Delegates, and that Convention, were to act up-
on the Legiſlature, not by force, but by that awe and re-
fpect which large bodies of men, difclofing their opinions
on public queſtions, might naturally be fuppofed to create
upon the minds of thofe who compofe that Houfe. There
had been too a National Convention in France, which had
taken poffeffion of the Government, and had overturned the
Government. There were public demonftrations of the
intere
Publiſhed by ALLEN & WEST, No. 15, Paternofter-Row. 289
intereft which certain people here took in the downfall of
that French Government; and the principles on which
that change in that Government was fupported, had been
induſtriouſly propagated through thefe voluntary Societies.
Mr. Paine's firft and Second Parts of the Rights of Man,
which had been approved before by a vote of the Confti-
tutional Society on May 18th, 1792; and his Letter to
Mr. Dundas; and Mr. Joel Barlow's works were pub-
lifhed about the fame time. And at the fame period eager
invectives againſt the Executive Government, as well as
the Conſtitution of the Houſe of Commons, were diffemi-
nated among the people.
The nature of Mr. Paine's works, and of Mr. Barlow's
works, you are now perfectly apprized of. They were
works, fome of them, originally calculated for the meri-
dian of France; and in fupport of the Revolution that had
taken place there; others of them, applying diftinctly to
this Country, and attacking the Monarchy of the Coun-
try, the Hereditary Dignities of the country, and, in short,
propofing the model of the Republics of America and
France as proper objects for our imitation, and as the
proper meaſures of revolutions. There is no fuch thing
as difguifing that this is the true import of thefe works;
and they were publifhed anxioufly, and difperfed induf-
triouſly by thofe Societies, in correfpondence with other So-
cieties, without any thing that might, in any manner, tend
to put the people on their guard as to thofe parts which
were not fit to be adopted. One of the Sheffield men faid,
that he adopted fome parts of Paine, and rejected others;
and that Mr. Paine, himſelf, did not underſtand fome
parts of his own works. Was it to be endured, in any
well-regulated Government, that general principles, fub-
verfive of that Government, out to be generally difperfed
all over the country, to poiſon the mind of every man,
into whofe hands books, containing fuch principles, fhould
fall? And theſe Societies undoubtedly put them into the
hands of every man who would receive them. And what
muſt be the confequence ?- The minds of the King's fub-
jects muſt be entirely alienated. They must be prepared
for revolutions, for any crifis which the violence of men
might bring forward, and the country muft neceffarily
fall a prey to infurrections and civil commotions, and all
that
290 TRIAL of JOHN HORNE TOOKE, for High Treason,
that horror which belongs to fuch a fituation of the coun-
try, and which has been but too much exemplified in a
neighbouring nation. Now then, in this ftate of things,
which had been prepared in thefe Societies, by their pub-
lications, by their unqualified approbation of them, by all
the encouragements they give to the propagation of theſe
opinions, firft of all, an Addrefs to the Jacobins is tranf-
mitted, through Mr. H. Tooke, from the Conſtitutional
Society, in which there is one very remarkable point. On
the 10th of October, 1792, an Addrefs to the National
Convention is propofed by the Correſpondiing Society to
the Conftitutional Society, after a private communication
both by Margarot and Hardy to Mr. Tooke, on the quef
tion of the expediency of that meafure. There is no di-
rect evidence, that Mr. Tooke faw either of thoſe perſons,
or anſwered their letters. Whether there was any com-
munication, is for you to enquire; by their letters being
found in the poffeffion of Mr. Tooke. The two Societies
finally refolved to addrefs this National Convention fepa-
rately, a meaſure in itſelf of very doubtful complexion.
It has been ftated as being in time of peace. I am not
prepared to fay, that the interference of a body of the ſub-
jects of this country, with refpect to the Government of
another country, is a thing fo innocent as that it ought to
be paffed by unnoticed; by which it might be thought to
be innocent as happening in time of peace. I ftate it as
a thing of very doubtful complexion. But the proſecutors.
infift, that whatever may be the complexion of the act, as
confidered in that view only, with refpect to the perfons, it
ought not to pafs here as perfectly innocent; but to afcer-
tain what degree of offence it is, is foreign to the prefent
meaſure. The profecutors fay, whatever they pretend was
their object, thefe addreffes are fuch as to have an aſpect to-
wards this country; and the change of the Government of
that Country is defcribed to prepare the way for a change
of the Government at home. I do not wish to examine
the language of this Addrefs too rigorously, but what I
would fay is, that Mr. Froft, in his obfervations and com-
ments on this Addrefs, has thought fit publicly to declare,
with this Addreſs in his hand, that Revolutions will now
be eafy, and that in a fhort time Addreffes were to come
from France to a National Convention in England. Now
is
Publiſhed by ALLEN & WEST, No. 15; Paternoster-Row. 291
is it poffible to explain away this expreffion? They may be
faid to be very indifcreet, and not warranted by their in-
ſtructions; but that is excluded in this cafe, becauſe you
find they tranſmit to the Conftitutional Society papers con-
taining the very form in which they prefented their Ad-
dreffes to the Convention; and it appears by the evidence,
that they received an unqualified approbation from the So-
ciety for Conſtitutional Information. The Prefident's an-
fwer was in the fame ftile; but I lay no great ſtreſs on
that, not being the act of the Society, or of any one per-
fon authorized by the Society.
Gentlemen, the meaſure which had been taken in the
earlier part of 1792, to countenance Mr. Paine's works,
the circulation of the works of Joel Barlow, the Addrefs of
the 6th of Auguft, the correſpondence of the different Socie-
ties, which had an effect on every order of the Government;
all theſe inflamed the minds of the people, and prepared the
way for a National Convention in England. It feems to
me, that the National Convention, named by the Stockport
Society, might be underſtood of a Convention for a Parlia-
mentary Reform; for at that time there was nothing deci-
five to mark that it ſhould be received in a different fenfe.
Some of them were for a Reform on the principles of the
Rights of Man, which is hardly confiftent with the prefent
Conſtitution. However, though there may be room to fuf-
pect perfons, it would be too much for you to pronounce
on this evidence, that the National Convention, mentioned
by the Stockport Society, was to be underſtood of a Con-
vention that was abfolutely to uſurp the powers of Govern
ment; but the queſtion is material, whether that Conven-
tion in England which was to be congratulated by France
was to be of that kind? Is it poffible to underſtand it in any
other view than a National Convention of the fame nature
with that in France, which Mr. Froft and Mr. Barlow
were at that moment felicitating? Gentlemen, that theſe
previous meaſures had been taken to prepare the minds of
the people for a Convention, look at the conduct of the
Conftitutional Society in particular. The introduction to
the public notice of the arguments of St. André and Bar-
rere, on the fubject of the inviolability of the King, and of
the nature of a Convention on French principles, feem to
have no poffible relation to a National Convention for the.
purpoſe
Q 0.
292 TRIAL of JOHN HORNE TOOKE, for High Treafort,
purpofe of obtaining a Reform in Parliament; and whether
they could have any poffible object, but to beat down one
of the guards of the fafety of the King, and to reconcile
men's minds to the uſe of that inftrument, that National
Convention, which was to deſtroy him and the Govern-
ment, is for your confideration on this piece of evidence.
It was obferved by Mr. Attorney General, that the Moniteur,
and other papers, were not profecuted; and when fuch in-
telligence paffed through the general maſs of news-papers,
however it might be wifhed, perhaps, that fuch doctrines
were not to find their way into this country, having no
relation to our government, but to another government,
there is no way of fixing the crime upon fuch a publication;
but the public attention is called to them by thefe Societies.
Is it poffible to believe that their National Convention was
for the Reforin of the Commons Houfe of Parliament ?
When they affirm, in their Addreffes, that Revolutions were
now become eafy, it is for you to confider whether, the
bringing of thefe papers to public notice in that manner has
not a different complexion, and whether it does not furnish
an argument of the intent, that it was done that men's minds
might be prepared for a National Convention, which would
not refpect the inviolability of the King.
Gentlemen, a Britiſh Convention was held in Scotland
early in 1793; I am not able to trace, from the evidence,
any connection with the Conftitutional Society, till after
that Convention fat, and had been in fome degree over-
turned, and till after a ſecond adjournment it had fet again.
In November Delegates from different parts of Scotland
affembled, together with Delegates from the London Cor-
refponding Societies, &c. and it appears by the evidence that
thefe Delegates from London, in fact, put this Scotch Con-
vention into motion. That is the account given by Mar-
garot. They made no great difficulty that the Convention
fhould be recalled; and it was recalled at their requeſt.
Confider what that Convention aſſumed to be.-Attend to
the nature of it-to the manner of its proceedings-to the
clofe imitation of the manners of the National Convention
in France; and though they were originally dealing with
fmall fubjects, dealing with them with that form which
would enable them to deal with larger fubjects. It was
ftated at one time, that they, collected a few fhillings only,
two
Published by ALLEN & WEST, No. 15, Paternofter-Row. 293
two of which were bad; and at another time 41. 10s. and
though theſe fums may appear contemptible, yet with the
countenance of the people at large they had put themſelves
in a way of collecting much greater fuis. Skirving values.
himſelf on having organized that meeting, and for having
put himſelf into a condition to act; and he had ſo com-
pletely organized them, that it is extremely difficult to con-
ceive that it was poffible their object could be an application
to the House of Commons on the mere fubject of a Parlia-
mentary Reform. You will find they do nove for a petir
tion to be prepared, in which they were to inſiſt on the un-
alienable, impreſcriptible Rights of Man; this was fimilaṛ
to the manner in which France began all its plans. And
when a fcroll of a Petition to be prefented to the Houſe of
Commons was propofed, they put a negative on it: now,
whether all this form had really no bottom, and was only a
piece of folemn mummery, meaning nothing but Reform,
is for your confideration; or whether this was fo framed
and fo conducted as to enable it to feel the pulſe of the
People, and to take up larger pretenfions, or not, as that
pulfe fhould beat. That Convention was held at Edin-
burgh in Scotland, where it is underſtood that the people
are given to reading, and where a great number of them
might be fuppofed to be acquainted with that fubject; and
if it had happened that a favourable impreffion had been
made on them by that Convention, in confequence of that
temper and the nature of the People, it might have hap-
pened that the countenance of the People of Scotland might
have given an effect to that form, and enabled that Society,
that Scotch Convention, to affume a tone of real authority.
Whether that would have been fo or not, appears to me to
be a queſtion of very dangerous uncertainty, at the time that
Convention was fitting, and at that moment when, moſt
fortunately for the People of the country, it was diffolved.
After it was diffolved, there were fome proceedings in the
Court of Jufticiary; and fome of the perfons concerned in
the Scotch Convention were puniſhed with great feverity.
The confequence of that was, their caufe was taken up,
and great indignation expreffed in thefe Societies, and great
pains taken to irritate the public mind on the fubject of
thefe proceedings; and it does appear to me to be a cir-
cumftance worthy of confideration, whether (thefe grievances.
002
being
294 TRIAL of JOHN HORNE TOOKE, for High Treafon,
.66
•
being at the bottom more or leſs, on which I fhall not ſay
a word) they have not always aggravated them beyond the
reach of all ordinary remedy, and particularly beyond the
reach of a remedy which a National Convention, formed
for a Parliamentary Reform, could poffibly produce. In
that famous Addrefs of the 20th of January, from the "
Globe Tavern, they ftate, that no redreſs was to be had
from the Law. They had nothing to expect from their
plunderers, enemies, and oppreffors; they did not expect to
gather grapes from thorns, nor figs from thiftles; they muſt
refort to fome extraordinary remedy; they must have a full
and free Repreſentation." Can that be through the medium
of a Convention for the Reform of the Commons Houſe
of Parliament? They are its protection, and will have
nothing more to do with it.
་
Gentlemen, in this ftate of things, a Convention was
propofed, and was approved of, by theſe two Societies, in
which the Priſoner was certainly implicated; and meaſures
were taken to carry that Convention into effect. Now,
gentlemen, if this was a Convention, on the plan of the
French Convention, to take the government of the country
upon them, I fay one meaſure taken to bring forward that
Convention would be clearly an overt act of High Treafon,
in compaffing the death of the King. The meaſure charged,
is the meeting in a Committee of Correfpondence and Co-
operation; and the confulting together to bring it about, is
another overt act of this fpecies of High Treafon. To
confpire to hold fuch a Convention, for fuch a purpoſe,
would be to confpire to depoſe the King; and any act donc,
tending to carry that confpiracy into execution, would be
an overt act of the Treafon of compalling and imagining
the death of the King.
But now comes the great question for your confideration.
Was it a Convention of that nature, judging on the whole
context of thofe tranfactions? One can hardly believe, even
though there is evidence of it, that a Parliamentary Reform
in the Houfe of Commons was the object. One muſt
fufpect that more was intended. But the question is, what
móre was intended, and what was the object? For to be
fure you muſt ſay that For though enough of fufpicion
may from the circumſtances arife in your minds, that this
was the meaſure they had in their hearts, they muſt have
meant more, becauſe their meaſures are not proportioned to
this
Published by ALLEN & WEST, No. 15, Paternofler-Row. 295
this end; and therefore, arguing from their meaſures, it is
a fort of ground to raiſe fufpicion. But that is not a ground
for you to take: you muſt diftinctly fee they had more in
view, and that they had this particular object-to hold this
Convention for the purpoſe of ufurping the powers of Go-
vernment. Now, on the part of the profecution they
fay, it ought to be taken to have called that Conven-
tion for the purpoſe of ufurping the powers of Govern-
ment, becauſe they have proclaimed to the world their
object was to have a Convention, and to put this country on
a footing with a neighbouring conntry, in which there is
fuch a Convention. And they fay for the proſecution, af-
ter that declaration, all their conduct to prepare the way for
overthrowing the Monarchy and Ariftocracy, and all the orders
of the State, they have a right to ſay it is not enough for
thofe perfons, when charged with High Treafon, to infift
upon it, and to bring witneſſes to ſay that that was not their
intention, but that their intention was ſhort of that; for that
they ought to be tried by their conduct rather than their pro-
feffions. Their conduct marks that was their object. Con-
ſider the proceedings of the Scottiſh Convention, leaving
out all the ſmaller intermediate parts, fome of them going
a great way beyond fufpicion, and affording a ground to
collect this intent; and this feems to be the ftrong part of
the Profecutor's cafe. And here I think the conduct of
theſe Societies fhow that the National Convention they
meant was not for a Reform in the Commons Houſe, but
to fubvert the preſent Government, and to have another
form of Government eſtabliſhed in its place: and they irri-
tated the public mind by every artifice, in order to prepare
it for fuch a crifis: and, Gentlemen, it is certainly true, if
look at this caſe, in the exterior of it, and in the out-
lines there is great ground to impute this to thefe Societies,
and it would be difficult for this prifoner in particular, to
take himſelf out of that implication: and it undoubtedly is
proved, that the conduct of thefe Societies carefully ob-
ferved, is a conduct that muſt neceffarily create an alarm in
the country. It muſt have called on the Government of the
country to be very vigilant, and to take very active meaſures,
and that will juſtify the putting the perfons accuſed into that
fituation in which they now ftand to explain to the Jury,
even at the hazard of their lives and honour, a conduct li-
able to ſo many juſt exceptions. But when the queſtion is
you
before
#96 TRIAL of JOHN HORNE TOOKE, for High Treafon
before the Jury, whether that which all mankind might be
juſtified in fufpecting, does really turn out to be fufficiently
founded in fact, and to be fo diftinctly proved as to warrant
a Jury in finding a verdict, which they are to find without
any reaſonable doubt, is quite another confideration. I
confider every thing beyond the outline I have ſtated, which
outline I confider as the Profecutor's evidence; I confider
every thing beyond that as evidence on the part of the per-
fon accufed. This has neceffarily led us a great deal into
the interior of thefe Societies, and will produce a difcovery,
(I cannot fay much to the honour of their leaders) that they
have magnified their numbers, and their ftrength for their
own purpoſes, fo very much beyond the truth. The Shef-
field Society was reprefented to confift of two thouſand, and
every day increafing; that ten thoufand people met upon
the Caffle Hill, and all of them paffed for the Society.
They proclaimed to the world, that they published an hun-
dred thouſand copies of their refolutions, &c. when perhaps
they did not publiflr five thousand; fo that this was an often-
tatious difplay of force and ftrength, and confequently which
they really had not, and certainly to miſlead the public. But,
however that might be, yet certainly there are very mate-
rial facts ftated by the Counfel for the Prifoner. Suppofe,
when this Convention was propofed, they had an intention
to ufurp the government of the country, it is reafonable to
enquire, when fuch a great enterprize was to be effected,
what were the means by which it was to be carried into ex-
ecution? It appears from the evidence, that the Conftitu-
tional Society had neither numbers, money, nor activity.
Sinclair complained, that he was abandoned; that their
Committees did not fit. I am not fpeaking of Mr. Tooke
perfonally, but that ſeemed to be the general conduct of the
Society. They feemed to have made no preparations like
men who engage in defperate undertakings; and after all
the examination, we have not been able to trace any direct
confpiracy pointed to this object by individuals; nay, the
contrary is proved as far as the evidence goes, that this man
and that man, and every man, was not involved in any ſuch
confpiracy; and there is certainly a difficulty in this evidence
in that refpect, admitting the general outlines I have ſtated
would warrant very ſtrict confideration, yet where and upon
whom to fix this confpiracy fatisfactorily, remains a thing
of
Published by ALLEN & WEST, No. 15, Paternoster Row. 257
of difficulty. There is certainly fome evidence againſt ma-
ny, and againſt the Priſoner now at the bar. Mr. Attorney
General pointed his arguments against him as the principal,
and conſidered him as putting forward other perfons to do
the drudgery of the buſineſs, but that he was the director of
all. With regard to this charge, I have to obferve, that
there were more confultations between the Prifoner and
Margarot and Hardy, than any other perfons; and Hardy
being acquitted of the confpiracy, nothing that paffed be-
tween him and Mr. Tooke can affect this cafe. This evi-
dence, it has been faid, goes to involve all thofe who had
conſented to thoſe refolutions; and to be ſure this is no an-
fwer; for in a rebellion, if 100,000 men were engaged
in it, every man is a rebel and a traitor. So where there
is a levying of war, as in the cafe of Damaree and Pur-
chafe, every man who acts in it is criminal. I do not,
therefore, perceive any objection to a confpiracy, in which,
unfortunately, a great number of people have embarked.
But it is certainly true, that the greater the extent of the
charge, the more carefully will you look to every poffible
explanation that may lead you to doubt whether the charge
is found in the extent in which it is laid.
Gentlemen, Mr. Tooke went into very effective croſs.
examinations, and he alſo examined witnefies on his behalf,
and I think he did very well to do it; for ftill I cannot
but think that this was a charge which gave Mr. Horne
Tooke an opportunity to give the most fatisfactory anſwer
to the evidence that was brought forward; and I think
he did extremely well to do it. He has examined a great
number of witneffes, and I fhall ftate the effect of their
evidence more diftinctly by compreffing it, than by making
obfervations on' particular witneffes. He has eſtabliſhed
that his principles, as far as thefe witneffes who have ob-
ferved them, and who had great opportunities of knowing
them, were directly oppoſite to thefe Republican principles,
and to all the confequences of them. He was firmly at-
tached to the Monarchy of his Country, and firmly attached
to the Conſtitution of it, in King, Lords, and Commons,
only quarrelling with the Commons Houfe in its preſent
ftate, and quarrelling with it from his attachment in a
great meaſure to the King, and the other Honfe. He was
of opinion, that the true balance confifled in the King en-
joying
298 TRIAL of JOHN HORNE TOOKE, for High-Treafon »
joying his prerogatives, in the hereditary Nobility having
their balance in the State, and the Commons a pure and
perfect reprefentation of the people. He has given you de-
monſtration by public acts of his in 1780, 1782, 1785,
1788, nay I think alfo in 1790, of his having, when po-
litical queſtions were difcuffed, taken that part, which is a
clear manifeſtation of his principles. He has alfo given
evidence that deferves great confideration, with refpect to
the habits of his life. He is a fcholar, a ftudious man,
devoted to books, employing a great portion of his time
with books, rather keeping company with books than with
men; and it is natural to fuppofe, that a man of ſuch ha-
bits will generally be more worthily employed than in mixing
with faction which tends to convulſe the State.
There is another circumſtance fit to be confidered in the
caſe of Mr. Horne Tooke. It is not a fecret, that declin-
ing health, and infirmities coming upon him, has induced
him very much to withdraw from fuch Societies, and from
much of that fort of public buſineſs that uſed to engage
his attention. He cultivates his garden, wiſhes never to be
removed from it-to have an Act of Parliament, to confine
him there for his life, never feeing any body but on Sundays;
having a weekly company. Undoubtedly, arguing from
thofe principles which commonly direct the conduct of
mankind, one ſhould imagine that Mr. Horne Tooke, with
his principles, his habits, and his infirmities, would, in
truth, be the laft man in England that could be juſtly ſuf-
pected of being engaged in a confpiracy of this kind.
Gentlemen, the Reply, I am forry to fay, has made
fome impreffion on this Defence, which, in the firft view
of it, feems to be the ſtrongeſt kind of Defence that could
be ftated in a cafe of this nature, where fo much is to de-
pend on intent, and on the general fentiments, opinions,
and habits of life of the perfon who is accufed. But, in
the Reply, you will obferve that, with theſe principles, with
thefe habits, and even under the preffure of thefe infirmi-
ties, Mr. H. Tooke, the Prifoner at the bar, is found.
actually dealing in theſe fubjects, by his intercourfe with
Hardy, by his interference with the papers of thoſe Socie-
ties, but, above all, by his public demonftrations, by his
Addrefs to the Jacobins, to the National Convention, &c.
by publications, in which he ſays, that the "Vipers, Mo-
marchy
Publiſhed by ALLEN & WEST, No. 15, Paternoster-Row. 299
narchy and Ariſtocracy, are reeling under the graſp of infant
Freedom" he is, finally, dealing in a manner with thoſe
fubjects which his principles ought to have preſerved him
from. And, therefore, it is faid by the Attorney General,
that though his defence has been confiftent, and though it
has, as it ought to have, its full weight, yet inasmuch as
with theſe principles of loyalty, and theſe habits, he has
done all theſe things, what can you conclude from thoſe
principles and thofe habits? Can you fay he has not been
a party in thofe meaſures? To be fure, from the evidence,
he has been a party, and an active party; and that difficulty
remains to be explained.
And now I come to the conclufion.-The charge againſt
this gentleman refts upon the impreffion which his conduct
in thoſe Societies, from the beginning, or perhaps the mid-
dle of the year 1791, down to the time when thefe Refo-
lutions paffed for this National Convention, fhall create in
your minds. The charge alfo refts on the evidence they
afford of the real intent of his mind in agreeing to that
Convention; and as to the object of that Convention, if
you fhall fee that, notwithſtanfting the impreffion which
thefe circumſtances have made on your minds, and muft
make to a certain degree in every man's mind who has heard
this cafe, that confidering the nature of the enterpriſe, and
confidering the actual fituation of the men by whom it was
to be effected, taken together with the evidence of his prin-
ciples, the habits of his life, and his fituation in point of
health, that you are in fact rather to refer all theſe other
tranfactions to fome other fource; and to form your opi-
nions, judgments, and conclufions, as to this intent in his
meaſures, rather from the domeftic part of his character;
than from thofe parts in which he has acted with others in
public, you may fay, however fufpicious this cafe is, this
confpiracy is not made out againſt him. If you fee the cafe
clearly in the other view, you will do that which the juſtice
of your country calls upon you to do,
I heartily with Mr. Horne Tooke had put his cafe really
beyond all fufpicion; becauſe I fee, with regret, at this bar,
a man of his capacious mind, of his habits, of his capacity
to be uſeful to mankind, and ſupported by the evidence of a
venerable prelate, the Bishop of Gloucefter, who I am fure
will flatter no mán. I fhould heartily have rejoiced, that
P p P
he
300 TRIAL of JOHN HORNE TOOKE, for High Treaſon,
he could have put this cafe beyond all fufpicion. I cannot
fay that there is certainly a great deal to be explained,
which I am not able to explain, and which, at this moment,
I am totally unable to develope, in the character and conduct
of this gentleman. That, however, goes but a little way to
fhew whether he is innocent or guilty on this indictment;
you will judge of that from the refult of the evidence, and
from the clear impreffion it fhall make on your minds.
You will not go out of this Court till you have made up your
minds to pronounce fuch a verdict as fhall perfectly fatisfy
you, and which, fatisfying you, will fatisfy your country.
The Gentlemen of the Jury withdrew to confider of their
verdict, and, after remaining out for a very few minutes,
returned with a verdict of
NOT GUILTY.
A burft of acclamation filled the Court, and was inftantly
followed by a fhout from the populace affembled without.
As foon as filence was reftored in Court, which it required
fome minutes to effect,
Mr. Tooke addreffed the Court and the Jury to the follow-
ing effect :
My Lord and Gentlemen,
"I now beg leave to return my fincere thanks to your
Lordship, and to you Gentlemen of the Jury, for your con-
duct during this trial-give me leave to fay, that the con-
clufion of it, which has given me fo much fatisfaction,
and has given you fatisfaction, will give as much fatisfac-
tion, and do a great deal of good to our country. I. fhall
now tell you, what indeed I could have told you before, but
what it was not regular, and therefore not fit that I fhould
tell you before, which is the only reaſon why I now troublę
you to hear me at all, in more words than are neceſſary to
return my thanks. I have the pleaſure to be confident you
will never have the trouble of going through ſuch a trial again.
And now I will tell you, in as few words as I am able, the
reaſon why his Lordihip entertained a doubt upon my con-
duct. It aroſe entirely from my own abundant caution,
and the care I took to preferve the regularity of the pro-
ceedings
Publiſhed by ALLEN & WEST, No. 15, Paternoster-Row. 301
ceedings of this Court. It arofe incidentally alfo, from a
circumſtance which I could not poffibly forefee, and which
I had no means of gueffing at until I heard the Attorney-
General's reply. In that reply he thought fit to lay great
ſtreſs on the alterations which appeared in the papers in my
hand-writing. He infifted that the word King being in-
ferted here, ftruck out there, Government ſtruck out, and
Country inferted in its ftead, &c. afforded ftrong prefump-
tion that I was concerned in the original framing of theſe
papers. The truth is, that I had no hand in framing any of
them, nor any connection with any of the Societies from
which they came. I do not even know at this hour any
one individual Member of the Country Societies; nor
fhould I have known any thing whatever of the London
Societies, but from the circumftance of my having been Can-
didate for the City of Westminſter. In that character I
viſited them, and, to take care of a very honeſt, though not
a very able man, I perufed fuch papers as he brought me,
and, when I found that they were intended for publication,
ftruck out what appeared to me to be libellous, and correct-
ed what appeared to be bad Engliſh-a trifling favour,
which I never refufed to any perſon who applied to me.
I could fay this of a Gentleman who wrote a book againſt
me; he ſhewed it to me in manuſcript, and I corrected it
as I did theſe papers. I proteft that I meant it entirely for
the fake of the law, on which our lives and fortunes muſt
all depend, and by which, I hope, they will be always
protected, as mine have been this night. Having faid this,
I now declare in the face of this Court, that no man ever
came into it, or was diſcharged honourably out of it,
who ſtood more free from the charge exhibited againſt
him, than I did of that which the Attorney General
thought fit to make againſt me in his reply. Nothing
of this was mentioned in the Solicitor General's opening.
It was not even alluded to till the mouths of the Counſel,
who have defended me fo nobly, and my own, were fhut,
and very properly, by the rules of the Court. I was content.
to riſk my life rather than once attempt to violate the eſta-
blifhed forms of juftice. Upon this frivolous charge have
I fuffered profecution for High Treafon, in which I have
been defended fo gloriouſly by Mr. Erſkine and Mr. Gibbs ;
and I hope the manner in which I have been acquitted will
plead
30% TRIAL of JOHN HORNE TOOKE, for High Treafon.
plead my excufe for having detained the Court after the
buſineſs was over. I hope, my Lord, you will accept my
thanks; to my Counfel, I tender my thanks; you, Gen-
tlemen of the Jury, I hope, will accept my thanks; and
the Law, which I love and revere, which has been
fo gloriouſly afferted, will teach Attornies General in fu-
ture, how to maintain the doctrine of treafon upon con-
ftruction."
The Court was then adjourned till Monday the first of
December.
FINI S.