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meant to defend his life. I state this only from ever (Hardy in the interval having become ao report, and I hope in God I am mistaken; for quainted with Franklow), Williams called to buy human nature starts back appalled from such a pair of shoes, and then Hardy, recollecting bis atrocity, and shrinks and trembles at the very former application, referred him to Franklow, statement of it. But as to the perjury of this who had in the most public manner raised the iniscreant, it will appear palpable beyond all forty men, who were called the Loyal Lambe:question, and he shall answer for it in due sea- Association. So that, in order to give this trans

He tells you he attended at Chalk Farm ;62 action any bearing upon the charge, it becarne and that there, forsooth, among about seven or necessary to consider Franklow's association as eight thousand people, he saw two or three per- an armed conspiracy against the government-sons with knives. He might, I should think, have though the forty people who composed it were seen many more, as hardly any man goes with collected by public advertisement -though they out a knise of some sort in his pocket. He were enrolled under public articles and though asked, however, it seems, where they got these Franklow himself, as appears from the evidence, knives, and was directed to Green, a hair-dress- attended publicly at the Globe Tavern in his er, who deals besides in cutlery; and according- uniform, while the cartouch-boxes and the other ly this notable Mr. Groves went (as he told us) accoutrements of these secret conspirators lay to Green's, and asked to purchase a knise ; when openly upon his shop-board, exposed to he open Green, in answer to him, said, "Speak low, for my view of all his customers and neighbors! This wise is a damned aristocrat." This answer was story, therefore, is not less contemptible than that sworn to by the wretch, to give you the idea that which you must have all heard concerning Mr. Green, who had the knives to sell, was conscious Walker, whom I went to defend at Lancaster, that he kept them for an illegal and wicked pur- where that respectable gentleman was brought pose, and that they were not to be sold in public. to trial upon such a trumped-up charge, supThe door, he says, being ajar, the man desired ported by the solitary evidence of one Dunn, a him to speak low, from whence he would have most infamous witness.63 But what was the end you understand that it was because this aristo- of that prosecution ? I recollect it to the honor cratic wise was within hearing. This, gentlemen, of my friend, Mr. Law, who conducted it for the is the testimony of Groves; and Green himself is Crown, who, knowing that there were persons called as the next witness, and called by whom ? whose passions were agitated upon these subjects Not by me-I know nothing of him, he is the at that moment, and that many persons had enCrown's own witness. He is called to confirm rolled themselves in societies to resist conspira

Groves's evidence. But not being a cies against the government, behaved in a most Green, who solú spy, he declared solemnly upon his manful and honorable manner—in a manner, in

oath (and I can confirm his evidence deed, which the public ought to know, and which by several respectable people) that the knives in I hope it never will forget. He would not even question lie constantly, and lay then, in his open put me upon my challenges to such persons, but shop-window, in what is called the show-glass, withdrew them from the panel; and when he saw where cutlers, like other tradesmen, expose their the complexion of the affair, from the contradicware to public view; and that the knives differtion of the infamous witness whose testimony sup in nothing from others publicly sold in the Strand, ported it, he honorably gave up the cause. and every other street in London; that he be- Gentlemen, the evidence of Lynam does not spoke them irom a rider, who came round for or- require the same contradiction which sell ders in the usual way—that he sold only fourteen upon Mr. Groves, because it destroys itin all, and that they were made up in little pack- self by its own intrinsic inconsistency. I could ets, one of which Mr. Hardy had, who was to not, indeed, if it were to save my life, undertake choose one for himself, but four more were found to state it to you. It lasted, I think, about six or in his possession, because he was arrested before seven hours, but I have marked, under different Green had an opportunity of sending for them. parts of it, passages so grossly contradictory,

Gentlemen, I think the pikes and knives are matter so impossible, so inconsistent with any (8.) Story about now completely disposed of. But course of conduct, that it will be sufficient to

something was said also about guns; bring these parts to your view, to destroy all the tot us, therefore, see what that amounts to.

But let us first examine in what manner appears that Mr. Hardy was applied to by Sam- this matter, such as it is, was recorded. He pro uel Williams, a gun-engraver, who was not even fessed to speak from notes, yet I observed him a member of any society, and who asked him is frequently looking up to the ceiling while he was he knew any body who wanted a gun. Hardy speaking. When I said to him, Are you now said he did not; and undoubtedly, upon the speaking from a note ? Have yoe get any note Crown's own showing, it must be taken for of what you are now saying? He answered, granted that if at that time he had been ac- “Oh no; this is from recollection." Good God quainted with any plan of arming, he would have

63 Mr. Walker, of Manchester, with some others, given a different answer, and would have jumped

was indicted, in 1794, at the Lancaster Assizes, for at the offer. About a fortnight afterward, how

a conspiracy to overthrow the government. The

prosecution depended on the evidence of an inform 62 A place in the country, a little out of Loudon, or of the name of Dunn, who was afterward convict where a meeting of the reformers was held el of perjury at the very same Assizes.

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Almighty! Recollection mixing itself with notes | turned upon him, he was hanged by his einploy. in a case of high treason! He did not even take ers. This man Watt read from a paper designs down the words ; nay, to do the man justice, he to be accomplished, but which he never intended did not even affect to have taken the words, but to attempt, and the success of which he knew to only the substance, as he himself expressed it. be visionary. To suppose that Great Britain Un, excellent evidence! The substance of words could have been destroyed by such a rebel as taken down by a spy, and supplied, when defect- Watt, would be, as Dr. Johnson says, “10 expect ive, by his memory ! But I must not call him a that a great city might be drowned by the overspy; for it seems he took them bona fide as a del flowing of its kennels.” But whatever might be egate, and yet bonâ fide as an informer What the peril of Watt's conspiracy, what had Hardy a happy combination of fidelity ! faithful to serve, to do with it? The people with Watt were five and faithful to betray! correct to record for the or six persons, wholly unknown to Hardy, and business of the society, and correct to dissolve not members of any society of which Mr. Hardy and to punish it! What, after all, do the notes was a member. I vow to God, therefore, that I amount to? I will advert to the parts I alluded can not express what I feel, when I am obliged to. They were, it seems to go to Frith Street, to to state the evidence by which he is songht to be sign the declaration of the Friends of the Liberty affected. A letter, namely, the circular letter of the Press, which lay there already signed by signed by Hardy, for calling another convention, between twenty and thirty members of the House is shown to George Ross, who says he received of Commons, and many other respectable and op- it from one Stock, who belonged to a society ulent men; and then they were to begin civil con- which met in Nicholson Street, in Edinburgh, and fusion, and the King's head and Mr. Pitt's were that he sent it to Perth, Strathaven, and Paisley, to be placed on Temple Bar! Immediately after and other places in Scotland. The single, unwhich, we find them resolving unanimously to connected evidence of this public letter, finding thank Mr. Wharton for his speech to support the its way into Scotland, is made the foundation of glorious Revolution of 1688, which supports the letting in the whole evidence which hanged Watt, very throne that was to be destroyed! which against Hardy, who never knew him! Governsamc speech they were to circulate in thousands, ment hanged its own spy in Scotland upon that for the use of the societies thro hout the king- evidence, and it may be sufficient evidence for dom. Such incoherent, impossible matter, pro- that purpose. I will not argue the case of a ceeding from such a source, is unworthy of all dead man, and, above all, of such a man; but I further concern.

will say, that too much money was spent upon Thus driven out of every thing which relates this performance, as I think it cost government

to arms, and from every other mat- about fifty thousand pounds. M'Ewen says that Hardy, inuching ter which can possibly attach upon Watt read from a paper to a committee of six or

life, they have recourse to an expe- seven people, of which he, the witness, was a dient which I declare fills my mind with horror member, that gentlemen residing in the country and terror. It is this : The Corresponding So- were not to leave their habitations under pain ciety had, you recollect, two years before, sent of death; that an attack was to be made in the delegates to Scotland, with specific instructions manner you remember, and that the Lord Jus. peacefully to pursue a parliamentary reform. rice Clerk and the Judges were to be cut off by When the convention which they were sent to these men in buckraw-and then an address was was dispersed, they sent no others, for they were to be sent to the King, desiring him to dismiss arrested when only considering of the propriety his ministers and put an end to the war, or he of another convention. It happened that Mr. might expect bad consequences. What is ALI. Hardy was the secretary during the period of this to Mr. Hardy? How is it possible to as. these Scotch proceedings, and the letters, conse- fect him with any part of this ? Hear the sequel quently, written by him, during that period, were and then judge for yourselves. Mr. Watt saiu. all official letters from a large body, circulated (that is, the man who is hanged, said), after readby him in point of form. When the proposition ing the paper, that he, Watt, uished to correspond took place for calling a second convention, Mr. with Mr. Hardy in a safe manner! So that, be. Hardy continued to be secretary, and in that cause a ruffian and scoundrel, whom I never saw character signed the circular letter read in the or heard of, chooses, at the distance of four hund. course of the evidence, which appears to have red miles, to say, that he wishes to correspond sound its way, in the course of circulation, into with me, I am to be involved in the guilt of his Scotland. This single circumstance has been actions ! It is not proved or insinuated, that Mr. admitted as the foundation of receiving in evi. Hardy ever saw, or heard of, or knew that such dence against the prisoner a long transaction, men were in being as Watt or Downie ; nor is it imputed to one Watt, at Edinburgh, whose very proved, or asserted, that any letter was, in fact, existence was unknown to Hardy. This Wait written by either of them to Hardy, or to any had been employed by government as a spy, but other person. No such letter has been found in at last caught a Tartar in his spyship ; for, in his possession, nor a trace of any connection beendeavoring to urge innocent men to a project tween them and any member of any English sowhich never entered into their imaginations, he ciety. The truth, I believe, is, that nothing was was obliged to show himself ready to do what intended by Watt but to entrap others to obtain he recommended to o hers; and the tables being a reward for himself, and he has been amply and

(9.) Atrocious clarge agunst

die crimes of Watt.

justly rewarded Gentlemen, I desire to be un- you, the jury, whuse province it is to judge of derstood to be making no attacks upon govern- its existence, it must be believed by Recapitulattor ment. I have wished throughout the whole you to have existed in point of fact. of principles cause that good intentions may be imputed to it, Before you can adjudge a pact, you must believe but I really confess that it requires some ingenu- it—not suspect it, or imagine it, or fancy it-bat ity for government to account for the original Believe it. And it is impossible to impress the existence of all this history, and its subsequent human mind with such a reasonable and certain application to the present trial. They went down belief as is necessary to be impressed, before a to Scotland after the arrest of the prisoners, in Christian man can adjudge his neighbor to the order, I suppose, that we might be taught the smallest penalty, much less to the pains of death, law of high treason by the Lord Justice Clerk without having such evidence as a reasonable of Edinburgh, and that there should be a sort of mind will accept of, as the infallible test of truth. rehearsal to teach the people of England to ad- And what is that evidence ? Neither more nor minister English laws. For, after all this ex. less than that which the Constitution has estabpense and preparation, no man was put upon his lished in the courts for the general administration trial, or even arraigned under the special com- of justice-namely, that the evidence convinces mission in Scotland, but these two men-one for the jury, beyond all reasonable doubt, that the reading this paper, and the other for not dissent- criminal intention, constituting the crime, existed ing from it when it was read-and, with regard in the mind of the man upon trial, and was the to this last unfortunate person, the Crown thought main-spring of his conduct. The rules of eviit indecent (as it would, indeed, have been inde- dence, as they are settled by law, and adopied cent and scandalous) to execute the law upon in its general administration, are not to be overhim. A gentleman upon his jury said, he would ruled or tampered with. They are founded in die rather than convict Downie without a recom- the charities of religion, in the philosophy of namendation of mercy,

and he was only brought ture, in the truths of history, and in the experi. over to join in the verdict under the idea that he ence of common lise; and whoever ventures rash would not be executed, and, accordingly, he has ly to depart from them, let him remember tha! not suffered execution. If Downie, then, was an it will be meted to him in the same measure, and object of mercy, or rather of justice, though he that both God and man will judge him accord. was in the very room with Watt, and heard dis- ingly. tinctly the proposition, upon what possible ground These are arguments addressed to your reacan they demand the life of the prisoner at the sons and consciences, not to be shak- Ko precedeats bar, on account of a connection with the very en in upright minds by any precedent, the princi same individual, though he never corresponded for no precedents can sanctify injus. ples

. with him, nor saw him, nor heard of him — 10 tice. if they could, every human right would whose very being he was an utter stranger ? long ago have been extinct upon the earth. I

Gentlemen, it is impossible for me to know the state trials in bad times are to be searched Appeal to

what impression this observation makes for precedents, what murders may you not comde justice, upon you, or upon the court; but I de- mit? What law of humanity may you pot tram

clare I am deeply impressed with the ple upon ? What rule of justice may you not

application of it. How is a man to de- violate? What maxim of wise policy may you send himself against such implications of guilt ? not abrogate and confound ? If precedents in bad Which of us all would be safe, standing at the times are to be implicitly followed, why should bar of God or man, is he were even to answer we have heard any evidence at all ? You might for all his own expressions, without taking upon have convicted without any evidence, for many him the crimes or rashnesses of others? This have been so convicted, and in this manner murpoor man has, indeed, none of his own to answer dered, even by acts of Parliament. If precedents for. Yet how can he stand safely in judgment in bad times are to be followed, why should the before you, if, in a season of alarm and agitation, Lords and Commons have investigated these with the whole pressure of government upon him, charges, and the Crown have put them into this your minds are to be distracted with criminating course of judicial trial, since, without such a trial, materials brought from so many quarters, and of and even after an acquittal upon one, they might an extent which mocks all power of discrimina- have attained all the prisoners by act of Parlia. tion? I am conscious that I have not adverted ment? They did so in the case of Lord Stras. to the thousandth part of them. Yet I am sink- ford. There are precedents, therefore, for all ing under fatigue and weakness; I am at this such things. But such precedents as could not moment scarcely able to stand up while I am for a moment survive the times of madness and speaking to you, deprived, as I have been, for distraction which gave them birth-precedents aights together, of every thing that deserves the which, as soon as the spurs of the occasions were name of rest, repose, or comfort. I, therefore, blunted, were repealed, and execrated even by hasten, while yet I may be able to remind you Parliaments which (little as I may think of the once again of the great principle into which all present) ought not to be conspared with it; Par. I have been saying resolves itself.

liaments sitting in the darkness of former times Gentlemen, my whole argument, then, amounts -in the night of freedom-before the principles to no more than this, that before the crime of of government were developed, and before the compassing The King's DEATH can be found by Constitution became fixed The last of best

ity of tbe jury.

the law.

precedents, and all the proceedings upon it, were | Burgundy. How was this people dealt by? All ordered to be taken off the file and burned, to the who were only contending for their own rights intent that the same might no longer be visible and privileges, were supposed to be, of course, in after ages—an order dictated, no doubt, by a disaffected to the Emperor. They were handed pious tenderness for national honor, and meant over to courts constituted for the emergency, as as a charitable covering for the crimes of our fa- this is, and the Emperor marched his army thers. But it was a sin against posterity it through the country till all was peace--but such was a treason against society; for, instead of peace as there is in Vesuvins or Ætna, the very commanding them to be burned, they should moment before they vomit forth their lava, and rather have directed them to be blazoned in large roll their conflagrations over the devoted habita. letters upon the walls of our courts of justice, tions of mankind. When the French approached, that, like the characters deciphered by the proph- the fatal effects were suddenly seen of a governer, of God to the Eastern tyrant, they might en- ment of constraint and terror: the well-affected sarge and blacken in your sights, to terrify you were dispirited, and the disaffected inflamed into from acts of injustice.

fury.4 At that moment, the Archduchess fled In times when the whole habitable earth is in from Brussels, and the Duke of Saxe-Teschen Motives for ad. a state of change and fluctuation—was sent express to offer the joyeuse entrée so bereiding when deserts are starting up into long petitioned for in vain. But the season of

civilized empires around you; and concession was past, the storm blew from every when men, no longer slaves to the prejudices of quarter, and the throne of Brabant departed for. particular countries, much less to the abuses of ever from the house of Burgundy. Gentlemen, particular governments, enlist themselves, like the I venture to affirm that, with other counsels, this citizens of an enlightened world, into whatever fatal prelude to the last revolution in that councommunities their civil liberties may be best pro-try might have been averted. If the Emperor tected--it never can be for the advantage of this had been advised to make the concessions of juscountry to prove that the strict, unextended let- tice and affection to his people, they would have ter of her laws is no security to its inhabitants. risen in a mass to maintain their Prince's authorOn the contrary, when so dangerous a lure is ity, interwoven with their own liberties ; and the every where held out to emigration, it will be French, the giants of modern times, would, like found to be the wisest policy of Great Britain to the giants of antiquity, have been trampled in the set up her happy Constitution—the strict letter mire of their own ambition. of her guardian laws, and the proud condition of In the same manner, a far more splendid and equal freedom, which her highest and her lowest important crown passed away from Authority of N:r subjects cught equally to enjoy—it will be her bis Majesty's illustrious brow—THE wisest policy to set up these first of human bless- IMPERIAL CROWN OF AMERICA. The the people. ings against those charms of change and novelty people of that country, too, for a long season, conwhich the varying condition of the world is hour-tended as subjects, and often with irregularity and ly displaying, and which may deeply affect the turbulence, for what they selt to be their rights : population and prosperity of our country. In and oh, gentlemen! that the inspiring and immortimes when the subordination to authority is said tal eloquence of that man, whose name I have so to be every where but little felt, it will be found often mentioned, had then been heard with effect ! to be the wisest policy of Great Britain to instill What was his language to this country when she into the governed an almost superstitious rever- sought to lay burdens on America, not to support ence for the strict security of the laws; which, the dignity of the Crown, or for the increase of from their equality of principle, beget no jeal national revenue, but to raise a fund for the pur. pusies or discontent; which, from their equal pose of corruption ; a fund for maintaining those administration, can seldom work injustice; and tribes of hireling skip-jacks, which Mr. Tooke so which, from the reverence growing out of their well contrasted with the hereditary nobility of mildness and antiquity, acquire a stability in the England ? Though America would not bear habits and affections of men far beyond the force this imposition, she would have borne any useful of civil obligation-whereas, severe penalties and or constitutional burden to support the parent arbitrary constructions of laws intended for security, lay the foundations of alienation from ev- “For that service for all service," said Mr ery human government, and have been the cause Burke," whether of revenue, trade, or empire, of all the calamities that have come, and are com- my trust is in her interest in the British Constiing upon the earth.

tution. My hold of the colonies is in the close Gentlemen, what we read of in books makes affection which grows from common names

but a faint impression upon us com- from kindred blood, from similar privileges and pared to what we see passing under equal protection. These are ties which, though our eyes in the living world. I re- light as air, are as strong as links of iron. Let

member the people of another coun- the colonies always keep the idea of their civil try, in like manner, contending for a renovation rights associated with your governments, they of thcir Constitution, sometimes illegally and tur. will cling and grapple to you, and no force under bulently, but still devoted to an honest end. I 64 This refers to the invasion of the Netherlandı myself saw the people of Brabant so contending by the armies of the French Revublic after the bas for the ancient Constitution of the good Duke of Itle of Jemappe, in 1792

Burke in favor of conciliating

state.

Argoment against isinviolence

ith the people derived from the Netherlands.

heaver. will be of power to tear them from their as it mey be found necessary or convenient for allegiance. But let it be once understood that you to hear upon the subject, that the views of your government may be one thing, and their the societies were what I have alleged them to privileges another; that these two things may be—that whatever irregularities or indiscretions exist without any rautual relation; the cement is they might have committed, their purposes were gone; the cohesion is loosened ; and every thing honest; and that Mr. Hardy's, above all other nastens to decay and dissolution. As long as men, can be established to have been so. I have, you have the wisdom to keep the sovereign au- indeed, an honorable gentleman (Mr. Francis) in thority of this country as the sanctuary of liberty, my eye at this moment, to be called hereafter as the sacred temple oonsecrated to our common a witness, who being desirous, in his place as a faith, wherever ihe chosen race and sons of En- member of Parliament, to promote an inquiry gland worship freedom, they will turn their faces into the seditious practices complained of, Mr. toward you. The more they multiply, the more Hardy offered himself voluntarily to come forfriends you will have ; the more ardently they ward, proffered a sight of all the papers, which love liberty, thu more perfect will be their obe- were afterward seized in his custody, and tendience. Slavery they can have any where. It dered every possible assistance to give satisfaction is a weed that grows in every soil. They may to the laws of his country, if found to be offendhave it from Spain, they may have it from Prus- ed. I will show, likewise, his character to be sia. But until you become lost to all feeling of religious, temperate, humane, and moderate, and your true interest and your natural dignity, free- his uniform conduct all that can belong to a good dom they can have from none but yon. This is subject and an honest man. When you have the commodity of price, of which you have the mo- heard this evidence, it will, beyond all doubt, connopoly. This is the true act of navigation, which firm you in coming to the conclusion which, al binds to you the commerce of the colonies, and, such great length (for which I entreat your parthrough them, secures to you the wealth of the don), I have been endeavoring to support. world. Is it not the same virtue which does every thing for us here in England ? Do you im. As Mr. Erskine drew near to the close of this agine, then, that it is the Land-tax Act which speech, his voice failed him, so that for the last raises your revenue ? that it is the annual vote in ten minutes he could only speak in a whisper. the Committee of Supply which gives you your leaning on the table for support. The impres. army? or that it is the Mutiny Bill which in- sion made upon his audience, as they hung with spires it with bravery and discipline ? No! breathless anxiety on his lips, while he stood besurely no! It is the love of the people, it is fore them in this exhausted state, is said to have their attachment to their government, from the been more thrilling and profound than at any resense of the deep stake they have in such a glo- riod of his long professional career. rious institution, which gives you your army and The moment he ended, the hall was filled with your navy, and infuses into both that liberal obe-acclamations, which were taken up and repeat. dience, without which your army would be a ed by the vast multitudes that surrounded the base rabble, and your navy nothing but rotten building and blocked up the streets. Erskine timber.”

made a noble use of his popularity. Recovering Gentlemen, to conclude—my fervent wish is, his voice, he went out and addressed the crowi,

that we may not conjure up a spirit to exhorting them to maintain order and confide in

destroy ourselves, nor set the example the justice of their country. He then requested here of what in another country we deplore. Let them to disperse and retire to their own homes; us cherish the old and venerable laws of our fore- and within a few minutes, they were all gone, fathers. Let our judicial administration be strict leaving the streets to a stillness like that of midand pure; and let the jury of the land preserve night. the life of a fellow-subject, who only asks it from On Monday morning, the evidence for the them upon the same terms under which they hold prisoner was received, after which Mr. Gibbs their own lives, and all that is dear to them and summed up in his defense, and the Solicitor Gen. their posterity forever. Let me repeat the wish eral, Sir John Mitsord, closed in behalf of the with which I began my address to you, and which Crown. The jury were out three hours, and reproceeds from the very bottom of my heart. May turned with a verdict of Not Guilty. it please God, who is the Author of all mercies As the other cases stood on the same ground, to mankind, whose providence, I am persuaded, it was supposed the government would stop here. guides and superintends the transactions of the But they determined to make one more effort, bu world, and whose guardian spirit has forever hov- arraigning Horne Tooke, the celebrated philolo ered over this prosperous island, to direct and gist. Tooke was then nearly sixty years old fortify your judgments. I am aware I have not with a frame broken down by disease, but having acquitted myself to the unfortunate man who has all the self-confidence of his early days, when he put his trust in me, in the manner I could have entered the lists with Junius. Mr. Erskine was wished; ye. I am unable to proceed any further; his counsel ; but he wrote a note from prison, say. exhausted in spirit and in strength, but confident ing that, in addition to this, he was determined to in the expectation of justice. There is one thing speak in his own defense. He had done so more, however, that (if I can) I must state to you, years before, in his suit with Mr. Fox; and he gamely, that I will show, by as many witnesses thus began his address to the jury: "Gentlemen

Peroration.

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