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before their representatives, whose which he, with many others, were wildom would correct the crade of opinion to be illegal. ideas of the multitude.
Here, Mr. Fielding made some Mr. Tooke was all this time en- remark across the table, upon which, gaged in a course of study, the re- Mr. Erskine said, he wished not to Jule of which would be of lasting be corrected by him. benefit to his country. His learning The lord president also considered and abilities fully qualified him to the language as improper. instruct his countrymen, and he had Mr. Erskine contended that he paid no less than iool. for packs of was strictly right in saying, that the cards, by which he could better me- legality of these convictions had been thodize che instructions he meant to questioned in parliament by many convey. That, in the midst of these of its ableft members, and may be ftudies and researches, he should be questioned again. They of course all the time plotting treason against may be said to have given offence the government, would exceed the to the country: whatever might have extravagance of what may be read been charged on those convicts, in the Arabian Nights, or the Tales against the authority of the judges of the Fairies.
in Scotland, had no application But though Mr. Tooke, by his ab- here. To kill a judge in the execusence from the meeting, might well tion of his office, was high treason, by defend himfelf from any part in the statute of Edw. III. in England ; fending delegates to the convention, but the law was not so in Scotland. he did not wish to aval himself of But to constitute the treason, the that advantage, as there were others judge must be actually killed : for who had not the same excuse to conspiring to kill him was not treaoffer ; and that the delegation was son at all. an act lawful and constitutional. For Another charge against his client, this reafon he instructed him, as his was the sanctioning the resolutions, counsel and representative, to defend ttating, that “ Law ceases to be an this major as well as the minor of object of obedience when it becomes the accalation.
the instrument of oppression :” and Some of the members of the allo a resolution, glancing at the Scorch convention were afterwards character of Jefferies. He would prosecuted, but not for high trea- fay nothing of the application of fon ; their offence was confidered the character of judge Jefferies in only as a misdemeanor. The goo this instance; but would express his vernment then knew every thing of individual opinion, that parliament which they were since informed. would act wisely if it instituted anniThey had spies upon every man's versaries to remind us of base as well conduct, and in every man's house. as glorious actions. While some ftiNothing could have escaped them; mulated our emulation of the virand yet why did they let such a tues by which some men distinguishlength of time elapse before they ed themselves above their cotempoprosecuted ? He would not accusé raries, others should be held out to them of laying snarēs for innocent our execration, and expose vile and blood. He rather supposed the fit scandalous actions to eternal infamy. of alarm came fuddenly on them. They thould thew us how to estiand they now stood forward to charge mate the value of immortal good that as high treason, constructively, fame over the transitory enjoyments which was only a misdemeanor in which lucre may procure us. the atting p rties. Tnc convictions Mr. Tooke, so far from sanctionland had given gi at off, nce, ing the violent resolutions of the
meeting, refused to keep the chair, the heart ; but the crime is in the when he found them determined to intention, and not in the overt aft. propose them; and this, if necellary, In the case of Mr. Tooke, where he would prove, by the evidence of was the proof of the intention ? the gentleman who took the chair And what was the overt act ? after him. How hard was it then, What was the force, and when, and that every man's absurdity lhould where was it levied ? be charged as criminal in him! The fifth overt act stated against
The address of the London cor- the prisoner was, that he, with Bouresponding fociety, of the 24th of ney, Thelwall, Lovatt, Baxter, and March 1794, subjoined to which the others, was appointed on the comSociety ordered that his majesty's mittee of co-operation and correspeech Mould be printed, he main-spondence between the two societies. tained to be no treasonable act. Admitting this to be true, where was The words “ honourable" and the treason? The societies appeared “ faithful" being left out, as well to have no treasonable objets ; nor as the other alterations and amend could the deputies on this conments which appeared in the books, mittee be supposed to have a differwere equally "frivolous. Among ent object from those by whom they the many acquirements of Mr. were deputed. Tooke, it was not the lealt eminent, Mesirs. Tooke, Joyce, Bonney, that he was not to be excelled in the Pearson, and Moore, were nomipowers of language. When, there-nated by the other. Mr. Tooke faid, fore, he spoke of the representation" Don't appoint me as one of the of the people in parliament, it was committee, You may ak why he plain that a man of his knowledge suffered his name to remain among could not have meant the king ; no them? He answered, Because I did one knew better than Mr. Tooke, not think their acts criminal.-But that the king was no representa- yet
he did not choose
atter:d nor tive.
to approve. In making the prefent defence, Mr. E skine said, he would not he observed, that the intellect was have called a witness if it depended not much upon the stretch ; but upon him, although he hould call fearful that his animal ftrength many to repel the evidence of the might fail him, he had copied out crown. The infamous spies, and the opinions of the judges Hale and the weapons have been withdrawi, Fofter, on the law of treasons, as and I trust in God we shall hear no far as they applied to this case. more of them. Hale says, that if a man conspires At the meeting of the 4th of to imprison che king, or oblige him, April, Mr. Hardy was present as by force, to perform any action, well as Mr. Tooke at Mr. Thclthat ihall be conftrueď into a design wall's, whom I shall represent, Ad of compassing his death, as in the ¡ I have do doubt will be acquitted. ease of lord Cobham.
They met to consider what was fit But here the expresion laboured to be done, ard to report this to in the ear. For, in order to pre- their focieties. vent his meaning being misunder- of the corresponding society, ftood, he guardedly observes, that Mr. Richter said to Mr. Rouse, that though the overt act goes to prove he regretted the letter was sent to the deligo, the crime is not in the the Friends of the People; as the overt act but in the intention. Foster measure of cali:g the convention also defines the overt act to be the was not fully deteriuined upon by means to effectuate the intention of their club. Thcre was netaisg but
A letter is put
what the king upon his throne might | Then on the 28th, three weeks af have learned. Mr. Lovatt will tell
ter the first appointment, the com. you, that, in his idea, no measure mittee met, talked of the news, could so confirm the power of the took snuff, and returned to their monarch, thole reforms of homes. abuses by which empires are crum- On May the ift and 5th they met bled into dut; and every descrip-again, and nothing done ; on the tion of just authority annihilated. 8th, nothing done. On the 12th
On the 11th, the report was made it was said that Mr. Hardy was by the delegates, and Mr. Tooke's taken from out of his bed, he name stands in the committee of co
whom I will call as a witness upon operation, as it had not been ex- the trials that are to follow ; he punged from that of conference. had no more idea of treason than Mr. Adams has to you, that he Mr. Tooke or any other gentlenever heard of his name therein, until it was read out of the book.
in the green box, Mr. Erskine then shewed, that when stating that Hardy is taken up, and the declaration was made of what his papers seized-o! but you have was intended to be done, it turned heard much respecting a red bookout only to be the obtainment of the This was to state all the places and reform in parliament. They say it penfions that Mr. Pitt has obtained was desirable to consider how this for his family, and Mr. Joyce withshould be accomplished. Does the ed it to be done on the Thursday: attorney general mean to state that Mr. Tooke wanted more ime. the meeting of these delegates for A spy was present, who came fuch purposes is an act of treason, there to make discoveries: he found where not a word of arms or force that a Mr. Gay had written upon a is heard of ?
ftone, on which walking Stuart had The cloud of witnesses brought inscribed, “ this is the end of the forward, touching these arms, has world,” this is the “ beginning of been so little fatisfactory, that it has the world ;” and I make no doubt, been dispelled by the crown, and that if the green box could be all the parole evidence meant to searched, I'fhould find this anecdote crush poor Hardy is heard of no at the bottom of it. more. To put up spies again as
Mr. Burke said,
every victory evidence, would be only to lend you in America was a blow upon my “ Raggamuffins to be peppered.”
heart, I have net learned to rejoice
in finding Fort Niphauffen the cenThey have brought nothing but tre of the British dominions," &c. papers, which I would engage to This is a period, when we should parallel from the newspapers of cne be firmly united and intwisted toWeck.
gether; when new perils arise every But we now come to the finale of day, let the innocent man be allows this business, when it was determined to say, such is the statute of treaed to meet on Mondays and Thurs- ron by which you will judge me. days. Then there was a meeting This is nit England, when the court at Chalk Farm, and let it be remem- has been obliged to take so much bered, that Mr. Lovatt, whom the upon them.-- One trembles with accusing jury have refused to find horror at the destruction and dubiety criinina), was the chairman there, of the case..Shex me any one page and Mr. Tooke never present; and wherein I may find this crime. yet the sesolutions there are hurled I have here a work of my client's, upon the gentieman at your bar which, perhaps, his lordinip may
permit me to read-It is a letter of position, the acts themselves; though MM:. Tooke to the late lord Afh- without his privity or consent done burton, the celebrated Mr. Dan- by others. ning.
I declare to you folemnly, my [Mr. Gibbs relieved his learned heart was never so deeply, interested friend by reading the extracts, which in any cause. I have not been able clearly demonitrate the constitution to do justice to my wishes, but I have al sentiments of Mr. Tooke upon the fullest confidence in your judg. the lunject of a parliamentary re- ment and integrity. I have emform.]
ployed no elocution to persuade Girtlemen of the jury, I address you, and I must again implore that you with the utmost pain, and with Great Power, whose goodness can lender preparation- I cane into illumine your minds, to fill them court this day in an exhausted state. with discernment, and to direct your From the fatigues of a long and indecision. tricate crial, we have had no relief--we have laboured in the course of common business in the other courts, and then again are called to defend to the EDITOR of the LADY's a gentlema who has been implicat
MAGAZINE, ed in a general charge of higi treafon. What far exceeds my whole
SIR, abilities existed through this day, “ Le moment ou je parle est deja loin the grasp of his mind has collected
de moi." into a few pages, he sentiments of
BOILEAU, this gentleman upon the question of reform have been read to you. They THE rapid flight of time, and have been the principles of his con- the wonderful changes it product through life. I will shew him duces, have been the conftant theme to you by the evidence of gentle of philosophers and moralists in all men, highly respectable, from year ages. Perpetual motion and incefto year.
fant change are the grand principles In the mass of papers brought of the world, and of all human afforward, I call upon Mr. Attorney fairs. We ourselves are subject to general, to date any one piece of continual vicissitude. Our pursuits, evidence on which he can ground our inclinations, and our opinions, this charge of treafon. He can are so different from year to year, point to no one ; and yet; on this and from day to day, that the quelchaos of incomprehensible trash, a tion, how far we can be said to be jury of twelve upright men is called the fame persons, is too difficult to upon to thed his blood.
be accurately resolved by our imGentlemen, I cannot conclude perfect philosophy. without saying, that the conduct of Nor does this law of continual my client has merited your highest change act on individuals alone ; respect and honour. I could have empires and states, and the general made for him a far different defence; characters of great nations, are I could have fecurely led his veffe equally governed by it. Pofitions into the harbour of peace, and left which the historian or the politihis fellow navigators to all the fury cian had advanced as incontestable of the tempeft-but his manly and and undoubted, süddenly become generous mind disdained it. He
as felf-evidently erroneous, and charged me, therefore, with the de- “ th' inaudible and noileless foot of fence of the major part of the protime" unexpectedly tramples down
the mot ingenious theories, and no longer fear from the adoption of fyftems the molt generally received. Such sentiments, the efablishment
I have been led into these reflec- of arbitrary power, with its long and tions by a paffage in one of the luxurious appendage of aristocratic essays of the celebrated and elegant titles, privileges, and opprellion ; Mr. Knox, written only a few years but we dread the subversion of all ago. It is as follows:
due authority, the extinction of all “ The want of a liberal and man- order. We fear the canaille, the ly education will render us unable to multitude, a class of society not to perceive the value of liberty. It be despised, but honoured ; not to will also prevent the acquisition of be trampled on, but to be loved, that dignity and authority of mind instructed and reformed; we fear the which alone can make a fuccessful multitude should assume a power it ftand against the encroachments of has not knowledge to wield, and power. Ignorance is mean, and destroy what it may attempt to cannot offer thole generous sacrifices amend. which our duty to our country de
The most obvious and the moft mands, when iis liberties are en
beneficial reflection we can make on dangered. A mind deftitute of a the mutations produced by time in proper education will be easily de- every thing human, is that humility luded by the sophistical arguments and not pride was made for man, of thole, who, to serve felšíh pur that we are but of yesterday and pose's, are ready to explain away know nothing, that we flee like every dear-bought privilege, with a fhadows and continue not. view to make converts to doctrines
Yours, &c. detrimental to the rights of man
SOPHRONIA. kind. And with respect to those who are educated indeed, but edu- Ipswich, Nov. 27, 1794. cated in the manners and sentiments of a boftile country, though they may be descended from Tudors and Plan.
On the CHARACTER and Domestagenets, yet their hearts are not · Engliíh. They consider all our
TIC MANNERS of the TURKISH
LADIES, at ALEPPO, virtues, and all our religious scruples as insular prejudices ; and if (Continued from p. 572.) E glithien were to permit them to import their improvements, they ERSONS of
in office, leave the harem and few that they think the world early in the morning, and, two was made for dukes, marquises, hours after noon excepted, pass moft lords and counts to take their paltime of their time in the outer apartin ; and that such canaille as the ments. But others who have little body of English freeholders are business, and the luxurious young only fit to be cuijniers or perru- men of all denominations, lounge. quiers to decorate their apiln per- many hours in their harem. Some ions, and tickle their vitiated pas allowance in this respect is made to lates,"
youth, for some weeks after mar. A few years only have rendered riage ; but an effeminate character, it necessary that we should be ex. which is by no means respectable gremely cautious how we too hastily among the men, is far from being imbibe the manoers and sentiments acceptable to the women, The of ? fiume hottile palion, from a presence of the men at unusual trically the reverse. We hours in the day-timme lays the