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A NARRATIVE OF FACTS, RELATING TO A Proſecution for High Treaſon; INCLUDING THE ADDRESS TO THE JURY, Which the Court refuſed to hear: WITH LETTERS TO THE Attorney General, Lord Chief Juſtice Eyre, Mr. Serjeant Adair, the Honourable Thomas Erſkine, and Vicary Gibbs, Eſq. AND THE DEFENCE The Author had prepared, if he had been brought to Trial.

BY THOMAS HOLCROFT.

LONDON: PRINTED FOR H. D. SYMONDS, PATERNOSTER-ROW.

MDCCXCV.

ADVERTISEMENT.

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WHILE impriſoned in Newgate, though thoroughly perſuaded I ſhould never be tried, I yet thought it a very ſerious duty to prepare for my Defence. It was accordingly written during my detention; and being firſt ready was firſt ſent to the preſs. In point of order however it was neceſſary to be placed the laſt: this is the reaſon that the paging recommences with the Defence. It is likewiſe neceſſary to add, that it muſt be read under the ſuppoſition that the trial had proceeded, the witneſſes had been heard, and that the pleadings of my counſel were finiſhed; for under this ſuppoſition it was written.

NARRATIVE OF FACTS.

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IT was in the month of November, 1792, that I firſt became a member of the Society for Conſtitutional Information. The multitude of great events, which at that period had happened in France, incited people of all ranks to political inquiry; and men were rouſed by a perception of one of the moſt palpable of truths, which yet ſeemed as it were a recent diſcovery, that the political inſtitutes of all nations eſſentially influence the morals and the happineſs of the people, and that theſe inſtitutes are capable of improvement. The good was no ſooner perceived than an eagerneſs to enjoy it was begotten; and this eagerneſs was frequently [2]ſo impatient as to excite a dread that, though it could not defeat, it might painfully retard its own purpoſe.

At length, the ſluggiſh apprehenſions of thoſe men, whoſe powers of mind are ſmall and prejudices great, were awakened. Their numbers conſiderable, their wealth enormous, their influence univerſal, and their appetites and paſſions almoſt the ſole means to them of happineſs, they no ſooner ſaw danger than they conceived diſguſt for the ſuppoſed authors of it; and this diſguſt rapidly quickened into hatred. Animoſity once conceived is generally mutual; and the acrimony was diſtinctly ſeen to increaſe, and to be pregnant with pernicious effects.

Under ſuch circumſtances, it became the duty of every man to think ſeriouſly, and act with vigour. Paſſengers in a ſtorm labour at the pump, are upbraided if they linger, and in danger of being thrown overboard if they refuſe. Individual and general ſafety are the ſame, and the man who is not truſted with the helm may yet aid to heave or caſt the anchor.

[3]Believing that all men and all actions contribute more or leſs to the general good or harm, I had long been accuſtomed, in the efforts of which I was capable, to keep that food in view. Stimulated by the conſiderations I have mentioned, and by the daily events that preſſed with accumulating aſtoniſhment on the mind, I ardently applied myſelf to the ſtudy of man, and the means of promoting his welfare and leſſening his evils, as connected with political inſtitutes. Of the rectitude of my intentions and the wiſdom or folly of my endeavours my fellow citizens muſt judge, by the few proofs I have been able to afford. At leaſt, I was aſſiduous in my inquiries; and the principles in which I was conſirmed by them impelled me to communicate ſome part of that truth, which I imagined to be eminently beneficial.

The chief of theſe principles are, that man is happy in proportion as he is truly informed; that his ignorance is not a fault but a misfortune, becauſe his quantity of knowledge is inevitably the reſult of [4]the circumſtances under which he exiſts; that to be angry with him therefore, to treat him unkindly, and to puniſh him, is criminal; in other words, is erroneous; that to inſtruct him, and while inſtructing to convince him of the benevolence of the teacher's intentions, is the only way to cure him of his miſtakes and diminiſh the commiſſion of crimes; that, in proportion as he advances in the knowledge of facts, he will increaſe the means of happineſs; and that, as facts are unlimited in number and variety but ſtill are ſubject to certain unvarying laws, the increaſe of his happineſs is likewiſe certain, yet unlimited.

Being convinced that theſe are indubitable truths, I neceſſarily became the opponent of all violence, and a determined friend to the publication of truth; ſince by that alone the well-being of man can be promoted. Soon after I entered this Society, I was aſked by an inquirer, like myſelf (after he had ſtated that ſuch ſocieties decide whether propoſitions are right or wrong by vote) whether truth depended on a majority? [5]whether, if a nation were unanimouſly to vote that a part is greater than the whole, their deciſion could alter the fact? and, if not, why did I join in the practice of error?

To this I replied, with ſatisfaction to myſelf though not to him, that the abſurdity of ſuppoſing facts could be affected by opinions was evident; but that ſuch ſocieties did exiſt, and, till men ſhould be better informed, would continue to exiſt; that the rule he ſuggeſted appeared to exclude all the men who were beſt calculated to prevent ſuch ſocieties, in their too great ardour to do good, from doing ill; that collecting votes was a mode of eſtimating the public opinion, a thing in itſelf highly deſirable, if it could be collected in a rational manner; and that, if I refuſed to act with men ſo long as they ſhould be guilty of miſtake, I muſt baniſh myſelf wholly from their ſociety.

I ſay then, I entered this ſociety with a firm determination to uſe every endeavour to prevent violence and acrimony, to communicate the truth I knew or imagined I [6]knew, to ſtimulate others to do the ſame, and to interfere as little as poſſible with the framing of propoſitions that were to be determined on by vote. Accordingly, while I remained a member, which if the ſociety be ſuppoſed ſtill to exiſt I ſtill remain, I never framed a ſingle reſolution, or excited others to the publication of any thing except of thoſe facts that I believed would conduce to the well-being of man. When queſtions were put, I ſometimes voted; and ſometimes ſpoke, to declare my opinion, but was much oftener ſilent; occaſionally becauſe I thought them frivolous, but more freuqently becauſe they were in my apprehenſion ſuch a mixture of right, and wrong as to leave me undecided.

Little did I imagine it would be poſſible to accuſe the inefficient proceedings of this ſociety as treaſonable: ſtill leſs that I ſhould be ſelected, as one of the moſt wicked of theſe conſpiring traitors. We conſpired indeed, but it was to do all the good in our power; and the thing we had moſt to deprecate, and of which we were weak [7]enough to accuſe ourſelves collectively, was that our power was ſo ſmall.

The apprehenſions of Government were firſt publicly announced in the proclamation of the 21ſt of May, 1792; and the coercive meaſures on which it had determined immediately appeared, in parliamentary addreſſes and the meaſures of the magiſtrates and municipal officers throughout the kingdom. Aſſociations were formed, and the danger of the conſtitution, from the wicked attempts of republicans and levellers, became the cry of what has been called the ariſtocratic party. I ſay, what has been called; becauſe I am not a friend to any word with which ideas of animoſity and violence ſhall be aſſociated. So active were theſe ſelf-declared friends of Government, and ſo loud in their aſſeverations of approaching ruin, the deſtruction of property, inſurrection, and anarchy, that the quiet people, who erroneouſly imagine they have no intereſt whatever in the affairs of government, that is, the greateſt part of the nation began to partake of the fears of theſe [8]agitators; and the deception was carried to ſo ſtrange a height that Miniſtry, by more proolamations, aſſerted, in the face of the world, that inſurrections did actually exiſt, which the militia was called out to quell, at a moment when not a hand or foot was ſtirring on any ſuch pretences within the confines of Great Britain. They ſeemed to have reiterated the cry of fire, till they had convinced themſelves-that the world was in flames: and, for my own part, I have little doubt but that they were guilty of the incredible folly of ſuppoſing that theſe inſurrections were really combining, and on the eve of burſting forth. That they did actually exiſt they muſt know to be a falſehood. The miſtake therefore of which they were guilty was in affirming even more than they themſelves believed.

Fear and infatuation having once ſeized the mind, its bewildered faculties run riot; and conſequences the moſt abſurd and moſt deplorable are ever likely to be the reſult. Proſecutions were immediately commenced, throughout the kingdom. Every county [9]aſſize and quarter ſeſſions condemned ſome poor ignorant enthuſiaſt to impriſonment, for follies at which infancy or idiotiſm ſcarcely could have taken fright; and men of reſpectable characters and honeſt intentions, in the fury of their new-born zeal, thought it a heroical act of duty to watch the conduct of their very intimates, excite them to utter what have been opprobriouſly called ſeditious and treaſonable words, and afterward to turn informers againſt the intemperance they had provoked. To avoid giving any opinion, not to mention that ſuch ſilence would have been daſtardly and hypocritical, was almoſt impoſſible. Language the moſt outrageous was employed, to make thoſe who were in the leaſt ſuſpected declare their creed; and, if it were not entirely accommodating, the peaceable citizen, after being entrapped, was inſulted and turned, nay frequently kicked, out of tap-rooms, coffee-houſes, and public places.

The impotence of the perſecuted party was every where demonſtrated; yet the outcry of alarm increaſed. Church and [10]King mobs were proved, in public courts of juſtice, to have been encouraged by the very men whoſe office it was to keep the peace; and, at Birmingham, the deluded people who had firſt been led to riot by a miſtaken zeal in ſupport of Government, again roſe in inſurrection, to avoid paying the aſſeſſments which their former leaders levied on them, for the outrages they had before committed. And, for this ſuperinduced riot, many of them have been brought to the foot of the gallows.

Nor was this the only occaſion on which the Birmingham people followed the leſſon of anarchy they had been taught. They diſcovered their ſuppoſed power, and roſe to rid the town of all houſes of ill fame. So dangerous is it to teach leſſons of violence to well meaning but uninformed men.

In ſine, it is a fact well worthy remark that no inſurrection, or ſhade of inſurrection, has appeared on the part of the people wiſhing reform; and that Birmingham, Briſtol, Mount-ſtreet, and Charing-croſs, are all public inſtances of riots excited by [11]the miſ-conduct of perſons who derived the authority under which they acted from Government. It may therefore be ſoberly and truly affirmed that, if there have been traitors, the crime will reſt upon thoſe who have been the accuſers.

With reſpect to the riots of preſs-gangs, ſailors, and coal-heavers, they originate in practices which ſurely it is the duty of Government to inquire into, and to remedy. But they were merely repetitions of events that had but too frequently happened before; and therefore could not be juſtly attributed to the immediate interference of either party.

Proceeding in the ſame ſpirit, printers and bookſellers all over the kingdom were hunted out for proſecution: and the tempeſt of inſurrection and anarchy was ſo conſidently affirmed to be riſing, and raging, that the Houſe of Commons voted the ſuſpenſion of the Habeas Corpus Bill, on the affirmation that dangerous and treaſonable conſpiracies did actually exiſt!

Future ages will find it difficult to believe [12]that Government, through its agents, could condeſcend to uſe the means which were reſorted to, that this ſpirit might be kept alive; and that the hatred already generated between friends, families, ſocieties, and ſects, might continue and increaſe. Many of its partiſans openly affirmed it was deſirable that the conteſt ſhould be brought to an iſſue; and thouſands of pamphlets were diſperſed, gratis, all of an inflammatory kind, to produce this effect. Nay, Long Lane and Stone-cutter Street, formerly the mart for the laſt dying ſpeeches of malefactors, were inliſted in the cauſe; and ballad ſingers were drilled, paid, and ſtationed at the ends of ſtreets, to chaunt the downfall of the Jacobins, the glorious adminiſtration of Mr. Pitt, and the victories of the Duke of York. If but one of them dared to ſing a ſtave in favour of any thing that looked like freedom, he or ſhe was taken up and committed to the houſe of correction. I myſelf witneſſed numberleſs ſcenes of this kind; and, once in particular, ſaw five [13]vociferous fellows, not meanly dreſſed, with cockades in their hats, ſhouting the contents of papers meant to excite the lower people to that acrimony which, had it been completely effected as it was in part, muſt have ended in miſchief and horror.

The caricature print-fellers, too, were obliged to take their former wares from their windows; and every device, of bleeding heads, cannibals devouring human bodies, and inventions almoſt too deteſtable for conception, was ſubſtituted to enrage the nation.

The very ballad fingers, whom I have mentioned, gave away with the halfpenny ſong they ſold engravings, on copper, of the Queen of France; one of which, among many other curioſities of this kind, I purchafed.

Theſe things muſt have been the work of Government. Five men could not have found it their intereſt ſo to dreſs themſelves up, and proclaim through the ſtreets the [14]crimes and villanies of the Jacobins, and the virtues of Adminiſtration. I walked with them as long as my time would permit, and ſaw that it was not the ſale on which they depended. Long Lane never before gave copper-plate engravings, diſtinct from the ſong, with ballads which are ſold, as I believe, for three pence the double quire.

With reſpect to the ſociety of which I was a member, it ſeemed with theſe progreſſive events to increaſe in amazement; and I may almoſt ſay in ſtupefaction. This was viſible in the thinneſs of its meetings, its inefficient efforts, and long adjournments. Each man ſaw himſelf the butt of obloquy. Each man knew that Mr. Reeves's aſſociation was ſitting, in a room of the ſame tavern immediately over his head; and that this aſſociation was the focus of the opprobrium caſt on them all. They ſuppoſed themſelves to be watched by the very waiters. Thus hunted down, is it much to be wondered at, was it very criminal, that ſome petulant ebullitions occaſionally [15]burſt forth? Was the very nothing that they did guilt ſo enormous? Was it high treaſon?

For my own part, when a few of its members were firſt taken into cuſtody, I felt aſtoniſhment which no words can deſcribe. Surely, ſaid I, either there have been practices of which I am totally ignorant, or men are running mad! Yet, in ſpite of truth, in ſpite of probability, the aſpect of theſe proceedings became increaſingly ſerious; and, to a man who ſhould entertain the general tenacious love of life, terrific. The perſons apprehended were ſeverally, and ſome of them repeatedly, examined before the Privy Council. The three eſtates of the kingdom had declared the exiſtence of treaſon and conſpiracy; and the nation ſeemed generally to credit the aſſertion. I ſeveral times had information that a warrant was iſſued againſt me. Incredible as the rumour would have been at any other moment, I now believed it to be true.

Conſcious of abſolute innocence, my immediate concluſion was that the perſons [16]in cuſtody were no traitors. Many of them I knew had been warm in diſcourſe, and did not hold the commonly ſuppoſed viſionary principles held by me, and which neceſſarily and inevitably prevent the commiſſion of treaſon: but ſome of them I had frequently met, and had mixed more or leſs in company with moſt of them, and I had never heard a whiſper of conſpiring, or of any plan for having recourſe to arms. Far was I from ſuppoſing that an endeavour to ſtimulate the nation to declare in favour of a parliamentary reform contained the ſeeds of rebellion, and the death of the King. I heard unguarded expreſſions ſometimes, that had been provoked by actual perſecution; but never a word ſo raſh as to inſinuate ſuch a guilty intention. I met no man, who was ſo void of underſtanding as to ſuppoſe this was the true means of promoting reform. They all knew that, if the Monarch were to die, he had an heir to ſucceed; and it was not the change of the King, but the change of the Houſe of Commons, that, as far as I was [17]acquainted with their deſigns, had been their general object.

Many ſurmiſes and tales prevailed, during the ſummer of the memorable 1794. The Reports of the Secret Committee had been read, and numbers aſſerted, with reaſon, that their contents furniſhed no proofs to juſtify the vote of the Houſe of Commons, which affirmed that a treaſonable conſpiracy did exiſt. One week the ſuppoſed traitors were immediately to be brought to trial; the next it was ſaid the Crown lawyers had declared that a caſe of treaſon could not be made out, and that they would be tried for ſeditious practices. At another time the rumour was that they would not be brought to the bar, but kept in priſon till the expiration of the Suſpenſion Act.

The chief emotion that I felt was ſomething of the ſame kind with thoſe for which I have ſo often been taxed as a viſionary: I moſt earneſtly wiſhed I might be ſummoned before the Privy Council. Not to give them information of treaſonable practices, [18]for I had none to give; but that I might, with a collected cool and determined mind, lay before them, if I could but prevail on them to hear me, the dangerous conſequences of the meaſures they were about to purſue. This wiſh was ſo ardent in me that, notwithſtanding its apparent extravagance in ſuppoſing that I ſhould be able to alter the opinions of the Privy Council, I ſeveral times mentioned it to my family and friends.

A warrant having been iſſued againſt me, for ſuch a warrant the meſſenger who has it in poſſeſſion has repeatedly acknowledged was iſſued, made it probable that I ſhould be examined; and I had therefore prepared myſelf for the event. The late John Hunter, and other medical men, had preſcribed ſea-bathing for me; and, at the firſt period of the report of this warrant, my affairs would have permitted me to have been abſent a ſhort time from town. But I determined not to go, and took care to appear publicly, that it might be aſcertained I had no deſire to evade inquiry.

[19]At length, when the affair ſeemed almoſt to have ſunk into forgetfulneſs, it was ſuddenly revived; and a commiſſion was appointed, on the till then ſuppoſed highly improbable charge of High Treaſon. The proceeding aſtoniſhed me; but I had no ſuſpicion it could be intended that I ſhould be involved in it. It is true, I had no conception how the perſons impriſoned ſhould be convicted of a treaſonable conſpiracy. But they had been apprehended, had been examined, had been committed. Unaccountable rumours, indeed, had prevailed concerning me; ſtill, as I had never been called upon, never interrogated, and as my principles were, from the zeal with which I cheriſh and endeavour to communicate them, publicly known to ſo many perſons, I could not but imagine myſelf, even in theſe times of incredible ſuſpicion, an unſuſpected man.

Soon however, to my utter aſtoniſhment, aſſertions to the contrary were ſpread; and many ſerious reflections ſuggeſted themſelves to my mind. Surely, ſaid I, [20]this age has more general information, and therefore more virtue, more wiſdom, than the paſt. There cannot be another mealtub plot. No Titus Oates could now impoſe his execrable fictions on mankind. Yet, what am I to think? I who, if it were not an abſurdity to ſuppoſe that blood would appeaſe and purify the vicious, would willingly ſhed my blood to teach them benevolence and truth? I who, from my heart, ſo enthuſiaſtically deſire to promote good will among men; I who know too that this fact has (for I did then know that it had) been given in evidence before the Privy Council? If I can be included in an indictment for High Treaſon, how can I foretell what it is that cannot be? I recollected that the Houſe of Commons had been led, by miniſtry, and the adherents of miniſtry, to paſs an act, aſſerting that a treaſonable conſpiracy did exiſt; and I conceived that ſophiſtry might eaſily argue with itſelf, that it were better twelve, or it may be twelve hundred, any indefinite number of men who were the partiſans [21]of reform, ſhould die, than that the three eſtates of the kingdom ſhould ſuffer the ignominy which men might otherwiſe affert had been incurred. To ſome perſons, even of the preſent day, I was well aware there would be more than plauſibility in ſuch an argument; there would be conviction.

The approaching conteſt I ſaw was big with tremendous conſequences; and I ſeriouſly meditated on the part it became me and every man to act. At one moment, I could not be brought to conceive myſelf in danger; at the next, the facts that ſtared me in the face deſtroyed every ground of rational calculation, and left me bewildered in ſuſpenſe. But a fatal and a mighty blow was aimed at the very eſſence of ſocial wellbeing, and nothing but the fortitude of the individuals accuſed, and the underſtanding which I ſtill believed exiſted in the nation, could avert the danger.

This narrative is a hiſtory of my own motives, and conduct; written in order that I may be juſtified to the world, and may not [22]loſe that utility of which the loſs of the world's eſteem would deprive me. I therefore inſert the following letter, which will afford ſome ſketch of what my thoughts and feelings were at this awful period. It was written to my ſon and daughter, who reſide in Devonſhire; and, as ſeveral of their letters addreſſed to me have miſcarried, it is not improbable that it has already been read, by the agents of miniſtry.

My dear friends and children:

The reaſon of my writing to you at this moment is to prevent any unneceſſary alarm; to which indeed I hope you would not have been very liable, even if I had not written, and if you had previouſly heard the ſtrange intelligence I am about to communicate through any other channel. It is aſſerted in the Morning Poſt of to-day, and I have before received the ſame information from various people, that a bill is to be preſented to the Grand Jury, containing a charge of High Treaſon [23]againſt thirteen perſons, of whom I am one. As it is impoſſible that either this or any other imputed crime againſt the Government can be proved on me (my principles and practice having been ſo totally oppoſite to ſuch ſuppoſed crimes) I hope and moſt ſeriouſly recommend that you will feel the ſame tranquillity I do. The charge is ſo falſe, and ſo abſurd, that it has not once made my heart beat. For my own part, I feel no enmity againſt thoſe who endeavour thus to injure me; being perſuaded that, in this as in all other inſtances, it is but the guilt of ignorance. They think they are doing their duty; I will continue to do mine, to the very utmoſt of my power, and on that will cheerfully reſt my ſafety. I muſt again conjure you both to feel neither alarm nor uneaſineſs. Remember the moſt virtuous of men are liable to be miſunderſtood, and falſely accuſed. But the virtuous man has no need to fear accuſation. If it be true that my name is in the Indictment, it will oblige me again [24]to defer the happineſs of ſeeing you, and the hope of recruiting my health by the excurſion. Of the latter it is true I have need, and to be a witneſs of your happineſs would give me no ſmall pleaſure: but the man of fortitude knows how to ſubmit to all neceſſities; and, if he be wiſe, frequently to turn events which others conſider as moſt diſaſtrous to ſome beneficent end. Shall I own to you that, though I could not wiſh to be falſely accuſed, yet, being ſo accuſed, I now feel an anxious deſire to be heard? Let my principles and actions be inquired into, and publiſhed: if they have been erroneous, let them become moral leſſons to others; if the reverſe, the inſtruction they will afford may more effectually anſwer the ſame purpoſe. I hope, Sophy, you know ſomething of me: endeavour to communicate what you know to Mr. Cole, and your mutual fears will then ſurely be very few. Obſerve that, as I have yet received no notice whatever from Government, I have the above intelligence only [25] from report. If it be falſe, I ſhall ſoon be with you; if the contrary, you of courſe will hear from me the moment I have any thing to communicate. Be happy, act virtuouſly, and diſdain to live the ſlaves of fear.

I likewiſe ſent the following letter, on the ſame day, as directed; and, though it was made public on the next, it is a kind of document which I think I ought not to omit.

To the Editor of the Morning Poſt.

Sir,

In your paper of yeſterday, my name is mentioned, among thoſe ſaid to be inſerted in a bill to be preſented to a Grand Jury on Thurſday next, containing charges of High Treaſon. If this be the fact, I have no wiſh to influence public opinion, by a previous affirmation of my own innocence; I deſire only to appear before [26]my country. However, as I have not been a day abſent from home for more than twelve months, and never received from any magiſtrate the leaſt intimation of any ſuſpicion againſt me, till I have official notice, my own conſciouſneſs obliges me to conſider your intelligence as unfounded.

In either caſe, it is a duty I owe myſelf to declare, that I am now and always ſhall be ready to anſwer every accuſation.

The ſee-ſaw of contradictory reports concerning me, ſome affirming and ſome denying, kept me a few days longer in ſuſpenſe. A daily paper indeed aſſerted, and as it profeſſed with authority, that the rumour of my being indicted was abſolutely falſe; and a friend, who had determined ſhould it prove true to give me every aid in his power, quitted town the very day before the bill was returned. I was preparing to [27]do the ſame. Not only he, indeed, but all my friends as well as myſelf had concluded that the report would prove to be falſe, it being ſo exceſſively improbable.

In this miſtake I remained till Monday, October 6th, at three in the afternoon; when another friend came running to inform me that he had that moment come from Hicks's Hall, where he had been preſent and heard an indictment for High Treaſon read againſt twelve perſons, of whom I was one. I know not how to deſcribe my ſenſations. I can only ſay, it was thoſe principles which I ſo earneſtly recommended to others that preſerved me from exceſſive indignation, exceſſive alarm, or any other paſſion that at ſuch a time might have been fatal.

My friend felt leſs determined. He was a man of an acute mind, but a lawyer; and, knowing the equivocal ſpirit of law, and the hazard incurred from the ignorance or prejudice even of the beſt intentioned jurymen, he adviſed immediate flight. I had no great difficulty however in convincing him, that [28]I had already determined on the meaſures I ſhould take.

In this diſpoſition, he rather unwillingly left me; but he had no hope from farther argument. I then communicated the event with as much caution as poſſible to my family. And here I had a more painful ſcene to ſuſtain. My father, in a paſſionate burſt of tears, intreaties, and interjections, conjured me to fly. His age, and the circumſtances under which he had lived, had rendered him a very unfit counſellor for ſuch an occaſion; and the only means I had of calming his agitated ſpirits was by the firmneſs of my own behaviour, my declared reſolution to face my accuſers, from which no power on earth ſhould turn me, and my appeal to his own knowledge of me of how far it was poſſible I could be thus guilty.

The coolneſs with which I acted inſpired my parents and children with courage. I thought it prudent however to leave them, that I might conſult with my own mind, and with ſome friends, concerning the propereſt mode of ſurrendering myſelf; and, [29]learning that the court was to meet the next day at Hicks's Hall, I went to the houſe of my ſolicitor and friend Mr. Foulkes, where, with ſome other perſons whoſe conduct in this affair has been manly altogether, and to me in particular affectionate, I ſupped. I did not return home, but ſlept here.

The next morning I appeared in court, accompanied by my ſolicitor and another gentleman of the law; where, as ſoon as the buſineſs of the court would permit, I thus addreſſed myſelf to Lord Chief Juſtice Eyre.

Mr. Holcroft. "My Lord, being informed that a bill for High Treaſon has been preferred againſt me, Thomas Holcroft, by his Majeſty's Attorney General, and returned a true bill by a Grand Jury of theſe realms, I come to ſurrender myſelf to this court, and my country, to be put upon my trial; that, if I am a guilty man, the whole extent of my guilt may become notorious; and, if innocent, that the rectitude of my principles and conduct may be no leſs public. And I hope, my Lord, there is no appearance [30]pearance of vaunting in aſſuring your Lordſhip, this court, and my country, that, after the misfortune of having been ſuſpected as an enemy to the peace and happineſs of mankind, there is nothing on earth, after which, as an individual, I more ardently aſpire than a ſull, fair, and public examination.

"I have further to requeſt that your Lordſhip will inform me, if it be not the practice in theſe caſes, to aſſign counſel, and to ſuffer the accuſed to ſpeak in his own defence? Likewiſe, whether free egreſs or regreſs be not allowed to ſuch perſons, books, and papers, as the accuſed, or his counſel, ſhall deem neceſſary for juſtification?"

Chief; Juſtice. "With regard to the firſt, ſir, it will be the duty of the court to aſſign you counſel, and alſo to order that ſuch counſel ſhall have free acceſs to you at all proper hours. With reſpect, ſir, to the liberty of ſpeaking for yourſelf, the accuſed will be fully heard by himſelf, as well as by his counſel; but with regard to papers, [31]books, and other things of that kind, it is impoſſible for me to ſay any thing preciſely, until the thing required be aſked. However, ſir, you may depend upon it every thing will be granted to the party accuſed, ſo as to enable him to make his defence. If I underſtand you rightly, you now admit that you are the perſon ſtanding indicted by the name of Thomas Holcroft."

Mr. Holcroft. "That indeed, my Lord, is what I cannot affirm—I have it only from report."

Chief Juſtice. "You come here to ſurrender yourſelf; and I can only accept of that ſurrender on the ſuppoſition that you are the perſon ſo indicted. You know the conſequence, ſir, of being indicted for High Treaſon. I ſhall be under the neceſſity of ordering you into cuſtody. I would not wiſh to take any advantage of your coming forward in perſon, indiſcreetly in this manner, without being called upon by the ordinary proceſſes of the law. You ſhould have a moment to conſider whether you ſurrender yourſelf as that perſon."

[32] Mr. Holcroft. "It is certainly not my wiſh, either to inflict upon myſelf unneceſſary puniſhment, or to put myſelf in unneceſſary danger. I come only as Thomas Holcroft, of Newman Street, in the county of Middleſex, and I certainly do not wiſh to ſtand more forward than an innocent man ought to ſtand."

Chief Juſtice. "I cannot enter into this point. If you admit yourſelf to be the perſon indicted, the conſequence muſt be, that I muſt order you to be taken into cuſtody to anſwer this charge. I do not know whether you are, or are not Thomas Holcroft. I do not know you, and therefore it is impoſſible for me to know whether you are the perſon ſtated in the indictment."

Mr. Holcroft. "It is equally impoſſible for me, my lord."

Chief Juſtice. "Why then, ſir, I think you had better ſit ſtill.—Is there any thing moved on the part of the Crown with reſpect to this gentleman?"

Solicitor General. "My lords, as I conſider [33]him to be the perſon againſt whom a true bill is found, I move that he be committed."

Chief Juſtice. "I do not know how many perſons there may be of the name of Thomas Holcroft; it would be rather extraordinary to commit a perſon on this charge, if we do not know him.

This produced a ſhort conſultation between the Solicitor General, the other counſel for the Crown, and Mr. White. They were evidently ſurpriſed and not pleaſed at my appearance; and one of them, Mr. Knapp, began an argument to prove that I admitted myſelſ to be the perſon indicted. He was interrupted by the Chief Juſtice, who again aſked if the counſel for the Crown thought fit to move that I ſhould be committed? which was accordingly moved, by the Solicitor General, and I was taken into cuſtody by a Sheriff's officer, Mr. Cawdron, of Ironmonger Lane.

After naming Meſſieurs Erſkine and Gibbs for my counſel, I aſked the Bench whether a perſon employed to write for me [34]might have acceſs to me in priſon? and this queſtion introduced another ſhort dialogue.

Chief Juſtice. "That is a ſort of thing that is quite new. I do not know that I can grant it, unleſs ſomething be ſtated by you, ſir, with reſpect to your health, to make it requiſite."

Mr. Holcroft. "That was not my motive for inquiring; nor did I imagine I had demanded any thing that was not cuſtomary. My reaſon for aſking was that I have been uſed to dictate to an amanuenſis; and it would be extremely convenient for me to enjoy the ſame advantage, while I ſhall be preparing my defence."

Chief Juſtice. "I am afraid, ſir, it is contrary to cuſtom. It will be proper for you to apply to another quarter, which can better grant ſuch an indulgence than I can, ſitting in this court."

Mr. Holcroft. "My lord, I neither aſk nor wiſh for any indulgence: I only aſk and wiſh for juſtice."

Chief Juſtice. "Then, ſir, I cannot make the order."

[35] After this, the Court adjourned; but I was detained perhaps three quarters of an hour: the reaſon of which was, as I was informed, that the warrant was making out; though I believe five minutes would have been quite ſuſſicient for that purpoſe, and the truth I believe to be that the crown lawyers were conſulting how I was to be treated, and ſending to the higher powers for inſtructions. The following circumſtances are the foundation of my belief.

About half paſt one o'clock the ſame day, a perſon came to my houſe in Newman Street, inquired if I was at home, and ſeemed at firſt unwilling to tell his buſineſs; or rather was undecided; probably from not having received preciſe orders. He firſt ſaid he came from Mr. Munden; but, being queſtioned by my daughters, denied that he was the friend of Mr. Munden, and pretended that he had been with him to inquire my place of abode. He repeatedly aſked my daughters if they were ſure I was not at home; and they, by this time ſuſpecting [36]him to be an officer ſent to take me, replied, he might ſearch the houſe, though he might be aſſured I was not at home, for that I had never taught them to tell untruths; and to prove their ſincerity added that I was gone to the Privy Council, to ſurrender myſelf. No, anſwered he; that he certainly is not; for I am but juſt come from the Privy Council. He then ſhewed his watch, that they might take notice it was half paſt one o'clock. My daughters replied, Perhaps they were miſtaken; and, if ſo, I was gone to the Old Bailey. The truth was, they knew I intended to ſurrender myſelf, but did not know where.

He being then underſtood to be a meſſenger, they aſked if he intended to come in, and take my papers; for, on ſhewing his authority, he was at liberty to make any ſearch. He replied that, there was quite ſufficient without my papers; ſpeaking probably the language that was prevalent, concerning the perſons accuſed, among the proſecutors, and their retainers; [37]after which he departed, ſaying that, if I had ſurrendered myſelf, it would ſave him trouble.

Theſe facts being related to me led me to conclude that a meſſenger had been diſpatched from Hicks's Hall to the Privy Council; and that, to preſerve the decorum of authority, this perſon had then been ſent to my houſe: for the effrontery of ſurrendering myſelf appears by the proſecutors and their partiſans to have been thought intolerable. But that is a queſtion which the reader will find diſcuſſed hereafter. However, while in Newgate, I ſtated theſe circumſtances and my conjectures to ſome of the priſoners; and one of the turnkeys, being preſent, ſaid it had happened as I had ſurmiſed, and that he knew a meſſenger was diſpatched from Hicks's Hall to the Privy Council on that buſineſs.

After waiting as I have ſaid at Hicks's Hall, the warrant at laſt appeared, and I was attended to Newgate by the officer and one of the under ſheriffs; both of whom [38]behaved with great politeneſs to me. And here, inſtead of being committed to cloſe confinement like the other perſons accuſed, I was allowed the ſame liberty of walking the court yard and viſiting my fellow priſoners which is granted to perſons confined for inferior crimes. I was determined to make no application for the ſum of thirteen and four pence per week, which was allowed to the perſons who had been impriſoned in the Tower; and accordingly I received the common priſon allowance of the perſons confined for ſedition and miſdemeanor, which is three halfpenny worth of bread per day, and no more. I do not attribute this to any deſire in the proſecutors to treat me with additional ſeverity, for they had demonſtrated the contrary; but as a trait to ſhew how negligent thoſe who puniſh are of the attention that is always due to people puniſhed; and whom, without intending additional injury, they might and I believe frequently do leave to periſh. I ſtate this as one of the inevitable evils of a ſyſtem of puniſhment; and common [39]to all countries, though perhaps better guarded againt in this than in many.

Locked within the walls of Newgate, I had full leiſure for meditation; and my thoughts were intenſely fixed on the ſtate of the kingdom, on the prejudices that muſt be prevalent or ſuch proceedings could not have taken place, and in conjectures on what might be the actual degree of error to which the perſons who inſtigated this proſecution might be ſubject. The proſpect ſeemed big with danger to the peace and freedom of mankind, and the only rational mode of averting it was a cool yet active fortitude. To defend myſelf by ſhewing the falſehood of the accuſation was a duty; but it was a duty which at this moment I knew not how to diſcharge: I had no documents, nor could I tell of what I was accuſed.

I had remained in this ſuſpenſe a few days when Mr. Kirby the keeper of Newgate one morning came, deſired me to follow him, and led me through the otherwiſe [40]impaſſable gates to an apartment in his own houſe. Here I was introduced to Mr. White, the Solicitor for the Treaſury, and his two clerks; and he preſented me with the indictment, a liſt of witneſſes, and another liſt of the jurymen ſummoned for theſe trials; informing me at the ſame time that the Crown would grant as many ſubpoenas, without expence, as I ſhould think proper to demand. He aſſumed great politeneſs, and I may ſay amenity; and I have no doubt but, at that moment, he felt as he looked; yet I could not forget the public and common aſſertion, that Mr. White has been rapidly making a fortune by the proſecutions which Government within theſe three years has undertaken, and which it is ſaid he has promoted with uncommon aſſiduity and zeal. I have no doubt but that all proſecutors perſuade themſelves they are acting rightly. I am only ſorry that they cannot detect the motives by which they are too frequently frimulated. I received the death-dealing inſtrument [41]he preſented, bowed, withdrew, and was re-conducted to my place of confinement.

My ardour to examine the charges brought againſt me, the liſt of the witneſſes who were my accuſers, and the names of the men by ſome of whom I was to be tried, may well be imagined; but not the aſtoniſhment I felt, after ſcrutinizing the contents. I was indicted with eleven other perſons in the ſame bill. That is, becauſe I had aſſociated with ſome men, in the moſt orderly manner, and with the moſt peaceful intentions to produce what we believed would be bencficial to mankind, I was charged with the ſuppoſed (for they were not real) crimes of theſe men, when or wherever they had been committed, though totally without my participation or knowledge! There was not a ſpeciſic ſtatement of any action of mine; but affirmations concerning the collective actions of twelve men, together with other unknown conſpirators, which, reſpecting myſelf at leaſt, I knew to be totally [42]and without exception falſe. But I will forbear to dwell on this ſubject, becauſe I ſhall inſert the paper which it was my intention to have read and preſented to the court, on the day of my arraignment, as a proteſt againſt this whole proceeding. In the mean time, I drew up a plan of the manner in which, if my counſel ſhould agree in opinion with me, I ſhould wiſh to have my defence conducted. It was as follows:

PLAN OF DEFENCE
Submitted by me to Meſſieurs ERSKINE and GIBBS.

1. To inſiſt that to obtain a reform was a virtuous attempt.

2. That, to obtain a reform peaceably I held it would be neceſſary to prove it to be the wiſh of the nation.

3. That, when it was propoſed by the Correſponding and Conſtitutional Societies to call a Convention, my firſt ſtep was to [43]require that documents ſhould be brought, to prove a Convention to be the wiſh of the nation.

4. That this Convention, had it been called, would have atteſted whether a reform of Parliament were or were not the wiſh of the nation.

5. That, through the whole procedure, I kept not only my own mind, but the minds of others intent on the virtue and wiſdom of uſing none but peaceable means.

6. That I was indefatigable in propagating the ſyſtem of peace, among friends, children, ſervants, aſſociators, democrats, ariſtocrats, and eſpecially the young and the violent of all parties: That, among democrats, I maintained the abſurdity of oppoſing force by force, of eſtabliſhing a ſyſtem of benevolence by terror, and of coercing thoſe that were not convinced: among ariſtocrats, I endeavoured to demonſtrate the vice of war, violence, proſecution, impriſonment, death, and coercion of every kind: that I hold death, puniſhment, and all coercion, by whomſoever inflicted, to be vice: [44]that inſtruction is the ſole means of happineſs; and that entire freedom of ſpeech and of the preſs are neceſſary for the conveying of inſtruction: that I was willing to ſuffer, at all times, for ſpeaking or writing what I conceived to be the truth; and that, if violence were offered to me, I would ſuffer with patience and without reſentment; my only end being to correct the miſtakes of men, and among others of my proſecutors, however alive my feelings may be to their enormity.

7. That I did not hold thoſe kind of aſſociations which pretend to determine what is truth by putting propoſitions to the vote to be wiſe; for no majority, however large, can alter the nature of truth: but that I knew ſuch aſſociations did exiſt, and ſoreſaw that, till men ſhould become more enlightened, they would continue to exiſt; that to abſent myſelf from them I conceived to be a failure of duty; for if none but the ill informed, and men who ſhould act rather from momentary feeling than from the foreſight of inquiry, were left wholly without [45]the advice which men of deeper reflection might afford, they would but be the oftener expoſed to miſtake.

At length, the priſoners whoſe names were in one indictment were brought from the Tower; and we heard that we were to be arraigned on Saturday October the 25th. In the mean time, I had ſent the proteſt which I intended to read and deliver to the Court to my counſel; and they, returned a meſſage, entreating me, as I reſpected the lives of other men, to forbear. They were too deeply engaged to come themſelves, for they had indeed incredible fatigues to ſuſtain, and I therefore was ignorant of their reaſons; though, for my own part, I could not nor can I ſee how this paper would have been dangerous to any man. However, the argument they urged was of ſuch moment that I ceded without being convinced; which I conſider as an error. The paper was as follows:

[46]

PROTEST Againſt the INDICTMENT and LIST of WITNESSES.

I conceive that the Indictment is moſt unjuſt, and flagitious. It combines heterogeneous actions, meetings, accuſations, and perſons, that ought all to have been kept free from confuſion. I make this remark becauſe it is my duty; without intending any the moſt minute ſhade of cenſure on my fellow ſufferers. Indeed, the conduct of no two individuals ever was or ever can be the ſame; they therefore ought not to be confounded. Every poſſible means of avoiding error ſhould be conſcientiouſly, ſcrupulouſly and minutely avoided; more particularly by thoſe who proſecute in order to inflict puniſhment, and that puniſhment being no leſs than the loſs, of life. To proteſt againſt ſuch conduct in proſecutors is the duty, not only of the proſecuted, but, of every human being. Precedents ſo deſtructive to every man living, and to all future [47]men, while men ſhall continue to act as they erroneouſly do at preſent from precedent, ought not to be left upon record. I doubt whether every virtuous man ought not rather to ſuffer death than to plead to ſuch an indictment.

To me the confuſion is inexplicable; and, of all fatal means to involve innocence, this is among the moſt fatal. A promiſcuous liſt of two hundred and eight witneſſes is given me, nine-tenths of whom are utter ſtrangers to me, in perſon, abode, and even name; and of the whole not one has, to my knowledge, any poſſible charge of guilt to bring againſt me. Yet I am leſt to conjecture, if I can, who are my accuſers; or of what they can accuſe me. I ſay, I may conjecture, if I can; but I cannot: I have no guide. No duty can be more facred than that of declaring to a man whoſe life is put in jeopardy by accuſation, and as he himſelf well knows by faiſe accuſation or it could not have been in jeopardy; I ſay, no duty can be more ſacred than that of informing him who are his accuſers. He is, [48]afloat on the ſea of proſecution; and his proſecutors, who lay claim to pure undeviating juſtice, have taken means which they cannot but know are the moſt certain to haraſs and bewilder him, and by which in deſpite of innocence he may finally periſh. Such is individually the ſituation of every man arraigned under this confuſed, inexplicable, and unjuſt indictment. I therefore proteſt againſt its iniquity, and appeal to juſtice: not becauſe I have any fears for myſelf, but becauſe I would not without appeal leave ſuch a pernicious inſtrument on record.

The Tueſday following the trials began; and perhaps this country never witneſſed a moment more portentous. The hearts and countenances of men ſeemed pregnant with doubt and terror. They waited, in ſomething like a ſtupor of amazement, for the fearful ſentence on which their deliverance or their deſtruction ſeemed to depend. Never ſurely was the public mind more profoundly agitated. The whole power [49]of Government was directed againſt Thomas Hardy; in his fate ſeemed involved the fate of the nation, and the verdict of Not Guilty appeared to have burſt its bonds, and to have releaſed it from inconceivable miſeries, and ages of impending ſlavery. The acclamations of the Old Bailey reverberated from the fartheſt ſhores of Scotland, and the whole people felt the enthuſiaſtic tranſports of recovered freedom.

For my own part, though few men participated more amply in the general joy than I did, I can truly ſay it was not becauſe I ſuppoſed myſelf a party. It was a conviction which I could never work upon myſelf that my accuſers ever had any intention of producing evidence againſt me. Yet I knew how dangerous it would be ſhould I be deceived, and found unprepared. I therefore laboured with the ſame ardour, at my defence, as if I had been really perſuaded I ſhould be brought to trial; and the belief that I ſhould not was the only thought that gave me pain. To be thus publicly accuſed and not as publicly heard, to have it [50]ſuppoſed through the kingdom that I was involved in all the guilt which they had imputed to other men (but could not prove) that is, in tranſactions of which I had never heard till the reports of the Secret Committee were publiſhed, and in which I had no concern whatever direct or indirect, this I own was an evil which I would have given my right hand to have avoided. But I too plainly foreſaw, what afterward happened, that I was not to be heard. I hoped that ſo much reſpect, at leaſt, would have been paid to juſtice as that I ſhould have been permitted to ſtate a few facts, in the open court, concerning myſelf; by which means they would have beſt been circulated through the kingdom. For this purpoſe, and that I might well weigh my aſſertions, and not make myſelf liable to the miſtakes either of memory or of erroneous feeling, that is, not more liable than I am in my cooleſt moments, I arranged my thoughts and committed them to paper. The following is the addreſs I intended to have delivered, at the bar of the Old Bailey, [51]on the morning when the Jury were directed to acquit me; the Attorney General having declared his intention of not calling any witneſſes, to prove the treaſon charged againſt me and three other perſons in the indictment.

Gentlemen of the Jury,

Before I quit this place, I think myſelf obliged, by the moſt ſacred of duties, to ſay a few words to you. I will not long intrude upon your time; but a wiſh to deter men from error and miſchief, by a ſimple ſtatement of facts, will not ſuffer me to depart in total ſilence. Let me however preface what I have to ſay, by a ſolemn declaration that, as far as I am acquainted with my own motives, I am not ſtimulated, however great may have been the injuſtice I have ſuffered, by any ſentiments of vengeance or deſire of retaliation.

You are directed, Gentlemen, to acquit me. This was an event which I have continually foretold. It could not be otherwiſe; unleſs methods had been practiſed [52]too flagrant even for the miſtaken men, who have brought me and ſo many others into the preſent horrid predicament; that of having our own lives, and the liberties of the nation, expoſed to the deſperate hazard of being contended for, by the errors, paſſions, and prejudices of men. This acquittal without an examination, though long foreſeen, was the thing I had moſt to dread. Gentlemen, notwithſtanding you now cannot but feel why our proſecutors do not bring us to trial, you will yet perhaps find ſome difficulty in believing the facts I am about to ſtate relative to myſelf. The principal of theſe facts is that my proſecutors knew that, inſtead of being a traitor, a mover of war and inſurrection, and a killer of kings, I ſay, they had proof that I was a man whoſe principles and practice were the very reverſe. Evidence was given before the Privy Council, of theſe facts: and they had no evidence whatever, nor the ſlighteſt ſhadow of evidence, that I was a perturbator of the public peace. You need not be told, Gentlemen, [53]that it is the general opinion of mankind that force can be no way effectually repelled but by force. This, though the general opinion of mankind, is not my opinion: and my proſecutors had evidence that it is not my opinion. They had evidence that, in the Conſtitutional Society of which I am a member, and under pretence of which they have indicted me for High Treaſon, I was theoretically the adverſary of all force, in all poſſible caſes; and that practically I concurred, with the members who were moſt deſirous of promoting reform, in urging that it muſt be done by the peaceable means of perſuaſion; by the conviction of the underſtanding; and not by the force of arms; not by Tower muſkets; not by Sheffield pikes; not by bread and cheeſe knives.—Of ſuch weapons, Gentlemen, I do moſt ſolemnly aſſure you, and may my memory be execrated by all good men, to all poſterity, if I ſpeak with the leaſt equivocation or mental reſerve! I ſay, Gentlemen, I do thus moſt ſolemnly aſſure you, that I never either heard ſuch wicked [54]means of compulſion propoſed, or that ſuch things were in exiſtence; except in the avowed and public way in which all men know that knives and muſkets do exiſt.

Gentlemen, the principal witneſs examined concerning me before the Privy Council was Mr. Sharp, the engraver: a man whoſe teſtimony has already been ſo amply detailed, in the late trial before this Court, as a witneſs for the Crown, and of whoſe integrity there is no ſhadow of doubt. Knowing that he had been examined, I wrote to him on Saturday laſt, to requeſt he would ſtate under his own hand what his examination had been, reſpecting me. This is his anſwer.

'Copy from my Teſtimony which I ſigned at the Privy Council.'

‘The Society for Conſtitutional Information adjourned, and left the delegates in the room. The moſt gentleman-like perſon (of the Correſponding Society) took the chair, and talked about an equal [55]repreſentation of the people, and of putting and end to war. Holcroft talked about the Powers of the Human Mind.’

This is the whole that I ſigned—The particulars that I remember, of that converſation [before the Privy Council] are I believe nearly as follow. Mr. Holcroft talked a great deal about Peace; of his being againſt any violent or coercive means, that were uſually reſorted to againſt our Fellow Creatures; urged the more powerful operation of Philoſophy and Reaſon, to convince man of his errors; that he would diſarm his greateſt enemy by thoſe means, and oppoſe his fury— Spoke alſo about Truth being powerful; &c, and gave advice to the above effect to the delegates preſent, who all ſeemed to agree as no perſon oppoſed his arguments. This converſation laſted better than an hour, and we departed. The next time the delegates met, Holcroft was not preſent. This is the ſubſtance of 'what I remember of that converſation.

Mr. Sharp was again examined, before [56]the Grand Jury; and this is what he writes.

Before the Grand Jury, I mentioned Mr. Holcroft's diſpoſition and converſation, when we met, about reaſoning men out of their errors, who was a ſort of natural Quaker, and was for the peaceable means that philoſophy and reaſon point out to convince mankind. He was againſt violence of all kinds; but did not believe in the ſecret impulſes of the ſpirit, like the Quakers.

Mr. Symmonds, another witneſs for the Crown, gave poſitive and pointed evidence before the Privy Council to the very active part I took when it was propoſed to call a Convention, in prevailing on the Society for Conſtitutional Information to change the word Convention for the word Meeting. This I urged, and this Mr. Horne Tooke and the whole ſociety agreed to, with the expreſs and declared purpoſe of preventing miſinterpretation; and of proving even by the choice of a word that, ſo far from wiſhing to terrify, we were anxious to [57]convince all mankind that our plans and intentions were wholly peaceable.

Whether Mr. Adams, the Secretary, were or were not examined concerning me I do not know. If he were not, let the men who have inſtituted theſe inquiries and this proſecution account for ſuch remiſſneſs, if they can: and, if he were, I am certain what the nature of his teſtimony muſt be. His brother, whom I ſaw yeſterday, informed me that he had ſeveral times heard Mr. Adams declare his utter aſtoniſhment that I, in particular, could be indicted: becauſe of the repeated and ardent manner in which he and every body had heard me declare my ſentiments, in favour of peace and non-reſiſtance.

Theſe facts, Gentlemen, are known to all the members of the Conſtitutional Society; and, had I been tried, I ſhould have brought numerous and highly reſpectable perſons of all parties to depoſe to their truth.

Gentlemen, I have ſtated theſe facts to you becauſe they ſeem to me ſo awful, ſo [58]pernicious, ſo alarming to the liberties of the nation, and to have been conceived and executed with ſuch unexampled acrimony and violence, that, ſhould they be ſuffered to paſs in ſilence and unexamined, every man among us will be guilty of unpardonable neglect.

Raſh as in my opinion the proceedings of Government have been, yet ſurely they never would have been raſh to this extreme, had it not been taken for granted that, ſeeing myſelf threatened by power ſo formidable and as at that moment it appeared ſo unlimited, I ſhould not have dared, however conſcious of my own innocence, to abide the dangerous iſſue. Either they concluded that I ſhould have fled, and that my terror would have given ſome ſanction to their tyranny (I hope, Gentlemen, I do not call it by too harſh a name)—either they thought themſelves certain of this, or I own to me their actions are totally incomprehenſible. That they calculated deeply on conſtructive treaſon the late trials have now rendered as viſible as the [59]noon day ſun. But that they could imagine any Jury could ſee a man brought before them, of whoſe peaceable principles and conduct the proſecutors had the proof that I have cited, and not feel indignation inexpreſſible, is folly too great to be attributed even to theſe infatuated governors of twelve millions of men.

Remember, Gentlemen, into what a ſituation their own temerity had brought them. The honour of Parliament, the veracity of the Secret Committee, and perhaps the exiſtence of the Miniſtry, depended on proving that no falſehood had been voted, on that memorable occaſion when the whole Legiſlature decreed that a dangerous conſpiracy did exiſt in this kingdom. Woe be to the kingdom where the Miniſtry can lead the Legiſlature thus to decree, thus to prejudge, thus to endanger the lives and liberties of millions, and can be ſuffered to enjoy the means of repeating ſuch unjuſt and portentous decrees! I do not mean, Gentlemen, that I would have them puniſhed. [60]I have not a wiſh to do by them as they have ſtrained every nerve to do by a few feeble individuals. I am as much an enemy to halters and axes as I am to muſkets and pikes; but I am likewiſe an enemy to the entruſting of ſuch men with power. That is the full and whole extent of my meaning.

Gentlemen, thus far I have endeavoured to call your attention to this affair only as it concerns the public at large; at preſent I think it incumbent on me to ſay a few words concerning myſelf. Every man is virtuous in proportion to his utility in ſociety; and, however little men in general are aware of the important truth, his public utility and his private happineſs are inſeparable. Whoever therefore intrenches upon the utility of an individual at once offends againſt both public and private good. The injury that has been committed on my private concerns and public utility, by the proceedings of Government, and the creatures of Government, before and during this proſecution, are ſuch as I only can thoroughly [61]know and feel. My fame, my fortune, and my family, beings who have none but me for their protection and ſupport, have all deeply ſuffered. I come not here to complain, but to ſtate facts. Juſtice, though it regards the whole, concerns itſelf in this place only with individuals. Remuneration for the injury I have ſuſtained is, in my caſe, out of the queſtion: my proſecutors cannot call back time. They can reverſe attainders; but they cannot reverſe the miſchiefs they have done. Wrongs committed againſt one man are committed againſt all, and not to make them known is a breach of public duty. I do not unworthily ſeek to excite compaſſion, or obtain a recompence. The firſt I think a vice, and the ſecond an impoſſibility. Our time ought to be actively employed in the removing, and not waſted in the pitying, of evil: and injuſtice has no price, therefore cannot be compenſated. But the errors of men ought to be proclaimed that they may be avoided; and with this intention I proceed.

[62] Five months previous to the indictment, it was publicly known that a warrant was iſſued againſt me, and hanging over my head, whenever they ſhould think proper to have it ſerved. The nation through the miniſterial prints was taught to conſider me as ſomething worſe than a ſuſpected perſon. The timid ſhunned me, the moderate regarded me with an evil eye, and the violent never mentioned me but with virulence and odium. I courted no party, and therefore had no protectors. My peace of mind indeed was invulnerable; for it was ſhielded by conſcious rectitude of intention: but my reſources were narrowed; and I ſuffered evils which, though I conſider as triſling, I find the world around me complaining of as among the bittereſt that man can bear. Hitherto, however, I had been only idly perſecuted by the ſenſeleſs buzz of Calumny: the moment arrived when I was to meet her in a more ſerious form. Mr. Attorney General became her organ; and this grave court, this learned nation, this enlightened age, were informed that I was a conſpirator, [63]a traitor, a mover of war and inſurrection, and a depoſer of Kings! and, that they might rationally account for all this, that I was inſtigated by the Devil! It was well indeed that they gave me the Devil for a co-adjutor, or the charge would have been too ridiculous. For my own part, however, I defy Mr. Attorney General, armed with all his Conſtructive Treaſons, which in the ſame breath he has abjured and employed; I defy him, aided by Conſtructive Treaſon itſelf, to prove that I have compaſſed or imagined the death of the King.

This ſtrange charge, Gentlemen, has brought upon me the conſequences I have ſtated. Torn from my family, my literary labours ſuſpended, my body impriſoned, my life threatened, and every exertion called forth leſt it ſhould be loſt by falſe accuſation, my uſual reſources of ſubſiſtence were inſtantly ſwept away: for I have no reſources, nor ever have had, nor ever wiſh to have, but in my labours.

The moment when, by the operation of the indictment found againſt me, the evils I [64]have ſtated befel me, was the moſt fatal that in my caſe could have happened. It was when I had two preſſing works to engage in and complete, for the ſeaſon of exhibition and publication. This ſeaſon is come, I am wholly unprepared, my time muſt ſtill be engroſſed by endeavours to wipe away the aſperſions that have been caſt on my character, and the means of ſupport for my family for I know not how long are gone.

To theſe evils are added the law expences of this proſecution: and think, Gentlemen, what thoſe muſt be, where two liſts were given me, of Jurors and Witneſſes, amounting to four hundred and thirty-ſix perſons; whoſe characters, paſſions, and prejudices, the Solicitor and Counſel for the defence had to examine, through channels the moſt numerous and intricate, before they could be ſatisfied that the lives of the accuſed might not fall the ſacrifices of miſtake or perjury. I and my fellow ſufferers were not wallowing in affluence; we could not give 84001. to our counſel with their briefs; nor expend thouſands and hundreds of [65]thouſands in our defence. We had no national treaſury to draw upon. Alas! we had the wealth of the nation, the prejudices of the nation, and the power of the nation to encounter. By what miracle could we eſcape? The innocence of thoſe men muſt be evident indeed that could endure ſuch an inqueſt, and withſtand ſuch an aſſault.

Oh! how cautious ought thoſe to be, whoſe accuſation is inſtantly followed by impriſonment, and all the anguiſh which the threatened loſs of property, character, and life occaſion! how ſevere ſhould be their inquiries into facts! how conſcientious the inferences they draw, when conſequences ſo ſerious and fatal are inevitably to reſult! Gentlemen, in an affair thus tremendous, aſk yourſelves, what would your feelings be? what your fears? how would you tremble, leſt you ſhould be guilty of falſe accuſation! how would you interrogate, and repeat interrogation in a thouſand different modes; even when queſtioning the moſt unprejudiced, the moſt open, the moſt honeſt witneſs! What then would [66]you do with a Spy and an Informer? a man whom you had taken into pay, and who muſt accuſe, or muſt demonſtrate that his oſſice is uſeleſs? a trained and hired perjurer?

Yes; indictments preferred on ſuch evidence are indeed flagitious! But what muſt have been the motives of thoſe proſecutors who could employ ſuch wicked engines? perſons who could ſo far forget all ſemblance of juſtice as to bring theſe accumulated wrongs on a man, againſt whom they not only were deſtitute of all proof of guilt, but had the actual proofs that you have heard of his innocence? nay, let me honeſtly ſay, of his virtue?

Gentlemen, I have ſtated ſome of the misfortunes brought upon me by this moſt groundleſs accuſation. How far they are hereafter to purſue me and my family, my daughters who have yet a proviſion to ſeek, my aged parents who have no ſupport but from my labours, of all this I am ignorant. But I ſhall ſuffer chearfully, and misfortune [67]itſelf will turn to bleſſing, if I can but lead you and all men to reflect on the nature of ſuch caſes. Conſider them well. Being injured by Government, of whom are we to ſeek relief? If a man, thinking Government culpable, endeavour to correct its vices, and accuſe it, no matter how truly, what is the peril he incurs? Infamy, deſtruction, death, with incredible barbarity. If Government, ſuſpecting a man to be culpable, accuſe him, no matter how falſely, not with an intent to correct his vices, but to wreak vengeance, conſign to ignominy, and hang draw and quarter, what redreſs has the poor trembling hunted wretch, ſhould he happen to eſcape its ſanguinary fangs? None. Who knows not the deſtructive nature of ſuits at law? and where is the individual poſſeſſed of wealth enough to maintain a ſuit againſt the Treaſury? Of whom then is the ruined father and the deſtitute family to ſeek juſtice? His character blaſted, his means conſumed, his labour impeded, his days ſpent in the torments of uncertainty, [68]his nights in the terrors which impoſſible endeavours to forget theſe torments cauſe, to whom is he to complain?

Should he, on the contrary, be a man whom oppreſſion cannot ſhake, ſuffering make wretched, nor horrors appal; whoſe well digeſted principles render him calm in adverſity, chearful under opprobrium, dauntleſs however menaced, ſtedfaſt though the red right arm of power and perſecution ſtrike him; a man determined in right, unrevengeful of wrong, and making his own happineſs but incidental to the happineſs of the whole; ſuch a man, though he will ſeek juſtice for himſelf becauſe it is a duty, yet, ſhould it be denied him, will bear injuries with fortitude, and private misfortunes without a murmur. Happy is it for him, that he is capable of this equanimity. But what is the guilt of that Government which can tear him from his benevolent purſuits, endanger his exiſtence, and, if it fail in the completion of its evil deſigns, yet abbreviate and half cut off the powers [69]which he had been all his life toiling to attain, only that he might employ them for the good of his fellow men; his brothers, among whom he numbers his very perſecutors themſelves?

This was the addreſs which I was prepared to have ſpoken; and which act of exculpatory juſtice I ſtrongly ſuſpected, as it happened, would be denied me. I was committed to Newgate on the 7th of October; where I remained eight weeks, within a day. On Saturday November the 29th I received the following notice:

The KING againſt THOMAS HARDY, and others.

I am directed, by Mr. Attorney General, to inform you that it is his intention that you ſhould be brought to the bar at the Old Bailey on Monday morning next; and that a Jury ſhould then be ſworn for your trial, but that he does not [70]propoſe to give evidence againſt you upon this indictment.

Yours, &c. JOSEPH WHITE, Solicitor for the Crown.
To Thomas Holcroft, one of the Defendants in the above indictment.

Mr. Solicitor White did not come himſelf to deliver this paper; nor was the morning the time choſen for its delivery; it was after the hour of locking up, which is nine o'clock. That is, whether ſo contrived or not, it was after the hour that I could either ſend to inform my friends, or write to communicate the intelligence to the country; and, Sunday being no poſt-day, it was by this means concealed as long as poſſible. I do not know that this had any meaning; but ſuch petty circumſtances, that look like art, have ſo frequently come under my obſervation that, if they were all [71]unintentional, the coincidence at leaſt has been remarkable.

On Monday December Iſt Mr. Bonney, Mr. Kyd, Mr. Joyce, and I were put to the bar; and, in the language of the court, honourably acquitted. The other gentlemen, bowed, and retired. I attempted to ſpeak, and the attempt produced the following dialogue.

Mr. Holcroft.

My Lord, and Gentlemen of the Jury—

Chief Juſtice.

Mr. Holcroft—You have been acquitted in a way that hardly affords much room for your obſervation—I think the beſt way would be for you to follow the example of the reſt of the Gentlemen, who have retired.

Mr. Holcroft.

My Lord—Every man muſt act according to the beſt of his own judgment. My judgment tells me that it is my duty, on the preſent occaſion, to addreſs a few words to this court and the gentlemen of the jury.

Chief Juſtice.

You will underſtand one thing; and that is, that, having been acquitted, [72]you have no right to addreſs one word, either to the court or the jury.—At the ſame time, I don't wiſh to hold you ſtrictly to that right; but conduct yourſelf properly, and I won't ſtop you.

Mr. Holcroft.

My Lord—I have well conſidered what I have to ſay. Whether my judgment and the judgment of your Lordſhip ſhould happen to differ, it is impoſſible for me to foreknow; but what I have to ſay flows from the dictates, I believe, of an honeſt and well intentioned mind. I am liable like all other men to miſtake. Let my miſtakes be heard and examined.

Chief Juſtice.

Thoſe dictates muſt be properly timed—At preſent, you are not called upon to ſay any thing; and you have no right to detain the court by a long ſpeech.

Mr. Holcroft.

I will not detain the court more than half an hour.

Chief Juſlice.

Half an hour!—Mr. Holcroft, you muſt withdraw.

Mr. Holcroft.

After having ſuffered the injuſtice that I think I have ſuffered, and [73]which injuſtice it is my deſire to ſtate here publicly to this court—

Chief Juſlice.

Mr. Holcroft—You have been dealt with moſt honourably, on the part of the Attorney General. You ſtood indicted by your Country; and no man, who happens ſo ſtand in that ſituation, ought to complain of injuſtice; becauſe he accuſes his country of injuſtice, when he makes that complaint. You have had no extraordinary hardſhips. You brought yourſelf into cuſtody, by your own voluntary ſurrender. You have had no extraordinary hardſhip; ſince that time; and you have in the cloſe of it been treated moſt honourably, and with all poſſible attention, by the Attorney General, who has conſented to your being acquitted, inſtead of ſtanding at the Bar upon evidence; which muſt have been left to the jury as evidence proper for their conſideration, upon the queſtion whether you were to be found guilty or not guilty. You have no right to complain of injuſtice; and therefore [74]you ought not to be heard, upon a complaint of injuſtice.

Mr. Holcroft.

My Lord, I deſire but one word.

Baron Hotham.

Mr. Kirby, why don't you do your duty?

Mr. Holcroft.

My Lord, permit me to ſay one word.

Chief Juſtice.

If you will be reaſonable, and confine yourſelf within compaſs, I will not ſtop you; but a ſpeech of half an hour is not a thing to be endured.

Mr. Holcroft.

I find the judgment of the court wiſhes me to with draw—I always deſire to comport myſelf ſo as to gain beſt the good opinion of mankind by the exertion of what I think to be my duty. If my judgment happens to be miſtaken, if I am wrong in this inſtance, I am certainly ſorry I have not more underſtanding. I do not wiſh either to appear a violent man or an obſtinate man—I had ſomething to ſay to this court which I think of the utmoſt importance to my country and mankind in [75]general, and therefore I wiſhed for a moment to be heard; but as it does appear to be the opinion of this Court and every body here, I muſt accede to that public opinion in this place, and muſt take ſome other means of publiſhing my ſentiments upon the proſecution that has been inſtituted againſt me.

Chief Juſtice.

You had better take care of that, or you may get into another ſcrape as ſoon as you are relieved from this.

Mr. Holcroft.

My Lord—I am very willing to ſuffer for what I conceive to be right.

The above dialogue is printed from notes, taken in ſhort hand by Mr. Ramſey: after it was over I with drew.

Before I cloſe my narrative, I muſt ſtate two particulars; which I forgot to inſert in their proper places. The firſt is that I ſent to my Counſel and Solicitor, with the plan of the defence that I wiſhed ſhould be made for me, the names of above ſixty perſons, highly reſpectable, of oppoſite parties, and of no party, whoſe teſtimony [76]would indubitably have proved the facts I had ſtated. I could eaſily have doubled the number, had I not been conſcious that the counſel would probably not call half of thoſe I had named.

The other particular was that my Solicitor, Mr. Foulkes, wrote, in a manly manner to the Privy Council, his deſire that I might be allowed my amanuenſis; and that the demand was immediately complied with. It was his extreme anxiety and ſincere friendſhip that induced him to take this ſtep; but it was without my knowledge. I commend his intention with a warm, a glowing ſenſe of its rectitude; and, had I been conſulted, as far as I recollect the letter, I ſhould have acquieſced in ſending it; with this ſingle addition, that the thing required was required as an act of juſtice; for that it did not become me to aſk or them to grant any thing that had not pure juſtice for its baſis.

And now I have little to add, except a juſt acknowledgment to thoſe many kind and faithful friends who, from a conviction [77]of my innocence and the injury done me, ſo chearfully and firmly came forward in my ſupport. And it was ſome proof of the general tenor of my conduct, to ſee that thoſe who had known me the longeſt were the foremoſt. I make no efforts to expreſs my deep ſenſe of gratitude and obligation; becauſe I conſider ſuch expreſſions generally as hypocritical, and always as erroneous. Men have nothing but duties to perform. Every action is either right or wrong. If it be right, the good that accrues to the whole is its true reward: it promotes the preſent happineſs of the parties; and by the neceſſary perception of its good effects, increaſes their future good. But, though I profeſs no gratitude, I do not think I am leſs ſenſible of the kindneſs I have received than thoſe who imagine gratitude to be the firſt of virtues. While life and memory remain, I never can forget the real virtues of theſe friends; and I hope too I never ſhall forget to imitate them; for which, I think, they will continue to have reaſon to eſteem me, much [78]more than if I were inceſſantly to have the words gratitude and obligation on my lips, and indolence and ſelfiſhneſs in my heart. Thoſe virtues I will emulate, and thoſe virtues and the perſons who poſſeſs them I moſt affectionately eſteem.

LETTER I.
TO SIR JOHN SCOT, His Majeſty's Attorney General.

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SIR,

EACH individual man is the creature of the various circumſtances under which he has exiſted and continues to exiſt. His actions may be good, or evil; and being paſt are unalterable. But to blame him, who is a ſenſitive being and nothing more or leſs, for being ſubject to ſenſation, is to blame water becauſe it is wet, winter that it is cold, ſummer that it is hot, and men that they are ignorant of the beſt means of promoting their own happineſs. To ſearch after happineſs is the entire employment of their lives; and to accuſe them for purſuing [80]it in the manner which they imagine, however miſtakenly, will beſt attain their end, is an abſurdity. Yet this is an abſurdity which few men on earth have clearly and definitely perceived; and which it is probable all men, without exception, hourly commit. It is ſeldom indeed that the man and the miſtake are not identified; though they ought everlaſtingly to be kept diſtinct: for the miſtake is paſt recal, but the man may amend. The error ſhould never be ſpared; the perſon ought never to be attacked. When miſtakes are pointed out, the man who committed them ought to be happy at their diſcovery, and to conſider them with exactly the ſame ſenſations as he would have done, had they been committed by another perſon. All men ought to feel thus; but I am well aware that at preſent no men do, except on thoſe rare occaſions when they happen to recollect this principle, and unfortunately this principle is known only to a few.

If the doctrine I here ſtate be true, you and I, ſir, have been compelled, by the laws [81]of our exiſtence, to act as we have done; and ought, when called to the reviſal of our actions, to be deſirous of perceiving the truth. We ſhould if poſſible diſcover their good or evil tendency, in its full extent; and, in either caſe, the emotion excited, inſtead of painful, ought always to be pleaſant. Error once committed cannot be recalled; and ſorrow is a fruitleſs and childiſh waſte of our time, and conduces to an habitual abuſe of our faculties; while joy at the diſcovery is rational, becauſe it is only in proportion as we accurately know what is the tendency of our actions, in other words, that which is good from that which is evil, that we can exert ourſelves to promote individual and general happineſs.

That you have been led to diſapprove ſome of my actions I muſt take for granted, by the proſecution which, in the character of the Public Accuſer, you have lately inſtituted againſt me. For I will not do your underſtanding that wrong to ſuppoſe you could have placed any man in the danger to which your accuſation brought me, merely [82]becauſe you were commanded ſo to purſue me. Yet of which of my actions you diſapprove, and whether of many or of few, I own I am totally ignorant.

It is this perplexing queſtion, added to the praiſe you have received for the honourable manner in which you have treated me, that are the cauſe and the ſubject of my letter. This praiſe too has been beſtowed from that tribunal on which the law (bear with me while I ſay, the fabulous law) preſumes partiality cannot find place. Not ſatisfied with this eulogium, one of your coadjutors laboured, with no little effort, to extend the panegyric. That you had acted honourably was not ſufficient. Mr. Sergeant Adair informed the court, ‘that you had acted with that candor and honour, that reſpect to a court and jury of your country, and that deference and regard to the liberties of your fellow-ſubjects, which ſo peculiarly mark your character, and have ſo honourably diſtinguiſhed your conduct!’

This emphatical and ample tribute of [83]praiſe was yet inſufficient: he again returned to his eulogy, which ſeemed to oppreſs his imagination. "Gentlemen," ſaid he, ‘four of theſe perſons have been this day acquitted; I had almoſt ſaid by the conſent of His Majeſty's Attorney General, but more properly by his for bearing to conſent to adduce any evidence againſt them!’ In this tone, worthy as it ſeems to me of a French Academician declaiming on the virtues of a Grand Monarque, he continued; but I forbear further quotation, having already cited all that is neceſſary for my purpoſe.

There is ſurely a moſt embarraſſing and injurious confuſion in the common terms of language. Honourable is the word on which theſe eulogiſts have moſt dwelt, and moſt delighted in. And what is honourable? Is it ſomething more, or ſomething leſs, than right? If, ſir, this very honourable dealing were ſomething more than right, to me for example, was it not ſomething wrong, to others? that is, to men in [84]general? And can any man prove that to do wrong to men in general is to do right, nay more than right, to an individual? What hypocriſy, what falſehood is it that lurks under ſuch common-place expreſſions? Do they mean any thing, or do they mean nothing? But honourable, that is, more than right, is inadequate to the expreſſion of your merits; and forbearance, or more than more than right, is brought in as an auxiliary, to ſtrengthen the inſufficient praiſe. It is ſtrange that the profeſſion of a lawyer, which in many inſtances ſeems to oblige the profeſſor to ſtudy with uncommon attention the accurate meaning of terms and phraſes, ſhould yet beget the perplexity and inexplicable contradictions which we ſo often find to be its offspring. I own that, in this inſtance, it was the jargon of common-place which Mr. Serjeant Adair employed; but ſurely, by a man of his acknowledged acumen and ſuperior talents, it ought to have been detected. In this honourable acquittal, this forbearing to adduce [85]evidence, you, ſir, either did that which was right or that which was wrong. My opinion is, you did that which was wrong.

Except the falſe accuſation, by which you brought me to the bar, I conſider this honourable dealing, this forbearing to adduce evidence, as the greateſt injury you have done me. I was acquitted! What could I deſire more? This was the queſtion which the eyes and geſtures of the whole legal phalanx, judges, barriſters, and clerks, ſeemed to aſk, when I had the inſolence to deſire to be heard. I ſpeak the language which their features ſpoke. Had not the Law releaſed me, from its harpy talons? and ought I not to have ſtolen away, and be happy ſo to eſcape? What! My head on my ſhoulders and yet complain! Well might the Lord Chief Juſtice exclaim, "It was not to be endured!" Yes, ſir, ſurrounded as you were by the death-dealing expounders of Bracton, Coke, and the Statutes at large, I would moſt gladly have encountered their united thunders, would you but have ſuffered me, after being publicly accuſed, to [86]have been as publicly heard. The thing I deſired was that the world ſhould know I had been accuſed totally without foundation; that my proſecutors had abſolutely no proof of my guilt; and that I had proof irrefragable of my innocence. This, ſir, was what I wanted: but this was what they did not want. I muſt be ſilenced, I muſt be menaced, I muſt be inſulted by the hands of a jailor at the nod of a judge, after having ſuffered falſe impriſonment, the loſs of property and a moſt iniquitous attack on my phyſical and moral exiſtence, my life and utility.

Sir, I proteſt I ſpeak with no perſonal enmity, to them or you; but I ſpeak with a ſtrong and deep ſenſe of the moral turpitude of your miſtakes. No; inſtead of exciting to vengeance, I wiſh to warn the world, in this and every inſtance, not to confound the man with the errors of his underſtanding. Had that been more correct, his actions would have been leſs vicious. He intends good, and ought to be inſtructed; not tortured, not torn to pieces, [87]not hanged drawn and quartered, when he commits evil.

Sir, the very reaſon of my ſurrender was that I might be tried. Had I feared the evidence you had to adduce, that is, had I really been guilty, I ſhould have thought it my duty to have done that which you gave me the opportunity of doing; to have fled. For, though I can as little approve of my own guilt, I mean my own miſtakes when I know them to be ſuch, as I can of yours, yet I would not have been wilfully acceſſary to more guilt; that of the moſt pernicious of puniſhments, death; when I did not perceive how my death could have been beneficial to mankind. Converſing with Mr. Horne Tooke on the morning of our arraignment, he told me that the beſt thing our profecutors could have done, for the cauſe of freedom, was that which they had done; impriſon and indict us; except the ſtill better thing which they had yet to do; namely, to hang us. Though I widely differed with him concerning the beſt, I like him was convinced that, after this [88]wrong had been committed, wiſe and virtuous men might develop its evil conſequences, and thus turn it to the benefit of the community. But this, ſir, could only be done by diſcuſſion, by a faithful ſtatement of facts from which leſſons of future wiſdom might be deduced, and by a ſagacious foreſight of the reſult.

If ſo, my writing to you is an act of duty; and, though your office be that of accuſation, you will ſcarcely accuſe me for having performed it. In the courſe of the pamphlet of which this letter is a part, I have ſtated ſome of the public and ſome of the private injuries that have been committed in my caſe; and in theſe I conſider you as a principal participator: but I tax your miſtakes, not your perſon; and, though I have been impriſoned, defamed, put in danger of my life, and refuſed a trial, nay a hearing of half an hour as a thing intolerable to men ſeated on the tribunal of juſtice, I neither ſpeak in anger, ſeek revenge, nor wiſh you harm. If honourable, as here applied to you, have a good meaning, [89]I deny your honourable dealing. If it have a bad one, you will ſcarcely deem it worthy your acceptance: and if it have none, perhaps the perſons who employed it will have leſs of a ſelfiſh motive for bluſhing than if it had expreſſed all that they intended.

In fine, ſir, the eſſential queſtion, concerning which the general ſafety is intereſted, that which many have aſked and more will aſk, is, Why did you include my name in the indictment? I ſay mine in particular, becauſe, though the queſtion may well be put for all the perſons indicted, yet, I ſtood ſo peculiarly aloof from ſuſpicion as to make your proceeding dangerouſly incomprehenſible? By what arguments, is it uncharitable to ſay by what arts, did your agents ſo confound and miſlead the grand jury as to induce them to return a true bill? Sir, there are many who put ſuch interrogations with a rational anxiety for their own ſafety. I was a member of the Conſtitutional Society: is that your only anſwer? There were many members of that ſociety, [90]for I do not know the number: why did you not indict them all? Is there a man in England who is a more enthuſiaſtic friend to a ſyſtem of peace, and a more ardent oppoſer of violence than I am? But, I was a member of the Committee of Conference. Why were not all the members indicted? I appeared at it but once, and you had evidence that I then ‘talked a great deal about peace; of my being againſt any violent or coercive means, that were uſually reſorted to againſt our fellow-creatures: that I urged the more powerful operations of philoſophy and reaſon, to convince man of his errors; nay, zealot as you no doubt will deem me, that man might diſarm his greateſt enemy by thoſe means, and oppoſe his fury, becauſe truth is all powerful; that I gave advice to the above effect to the delegates preſent, who all ſeemed to agree, as no perſon oppoſed my arguments; and that this converſation laſted better than an hour.’

What, ſir! In a ſyſtem which you pretend was to overturn the government and [91]depoſe and kill the king, was a man who, being with the imaginary conſpirators whom on the face of facts he certainly did not ſuppoſe to be conſpirators, was this urgent preacher of peace, this enthuſiaſtic apoſtle of non-reſiſtence, a fit man to be ſelected by way of preference? The error appears to be ſo groſs that it is ſcarcely hyperbolical to aſk, whether the perſon who committed it was not at that moment a lunatic? You might diſlike my principles, and I could be glad that one of us were better informed; you might think my peaceful exhortations dangerous, that I can eaſily conceive; but how could you ſo impoſe upon your underſtanding as to imagine them treaſonable? What! The man that, meeting theſe ſuppoſed conſpirators, argues by the hour for order and peace in all their proceedings, does he excite to inſurrection? is he too a conſpirator? How does it appear? Produce your proofs, ſir, and reſcue your underſtanding.

Yes; I know you muſt have been deceived; though, with the utmoſt ſincerity [92]of heart I proteſt, I cannot conceive how: except by that dereliction of mind which, if not inſanity, I know not by what name it can properly be called. However, ſir, that I may deal with the ſtricteſt impartiality, I will ſtate the only circumſtance that has come to my knowledge of the proof you intended to bring againſt me.

After the perſons apprehended had been all of them examined, and ſome I believe committed to the Tower, while Mr. Sharp, whoſe teſtimony I have quoted as given before the Privy Council, was in the cuſtody of an officer though ſuffered to remain in his own houſe, I and a friend paid him a viſit; the officer being preſent. Believing as it has proved that there were not private proceedings or treaſonable conſpiracies exiſting, and therefore that government muſt have by ſome means been unaccountably miſled, I conjectured that this might have happened from the falſehoods which the paſſions and the ſelfiſh views of their inferior agents had engendered. To guard againſt theſe miſcoceptions, and [93]falſehoods, was at this moment a very ſerious duty. Our viſit was to Mr. Sharp, but the officer thought proper to mingle in the converſation; and, though he was not a King's meſſenger, but of a lower and more illiterate order, I do not think the remarks of ſuch men ought to be treated with diſdian. In anſwer therefore to ſome of theſe remarks, I ſaid a few words; intimating that violence was always a vice, by whomſoever committed. This he ſeemed to feel as an attack upon his profeſſion; and, conceiving me to be a dangerous perſon, a Jacobin no doubt, affirmed that he had ſeen me at the meetings or a meeting of the Correſponding Society. I immediately denied it, and he again aſſerted he had ſeen me there. The man who could imagine and perſiſt in one falſehood, might imagine and perſiſt in another. This inſtantly made me recollect my former reflections, and brought to my view the miſchiefs in which the miſtakes of a number of ſuch men might involve the nation. I did not act from blind paſſion; I intended to make [94]a ſtrong impreſſion upon him, and in a firm but undiſturbed tone of voice ſaid to him, "Sir, you are a liar!" Again he repeated the affirmative, and I with increaſing firmneſs replied—"It is a wicked lie, ſir!"

Mr. Sharp's letter ſays impudent. A word may eaſily be changed. I think myſelf certain, from the ſpirit in which I ſpoke and the effect I wiſhed to produce, that the epithet was wicked; though that is of little moment.

This was conſtrued into a deſign on my part to affront the officer, produce violence, and favour the eſcape of Mr. Sharp. An ignorant man might eaſily ſo miſconſtrue: but would an ignorant man forget that he was guilty of the evaſion of ſaying that, if he had not ſeen me at the meetings of the Correſponding Society, he had ſeen me at Mr. Thelwall's Lectures; and that I immediately replied, I had been preſent once, and never but once, at a lecture delivered by Mr. Thelwall? Did he forget too that there was another perſon, whoſe name I do not [95]know, in the room; and that this perſon left the room before the departure of my friend and myſelf? that, if ſuch had been our deſign, we were then more at liberty; ſince the perſon by going proved he was not in this alarming conſpiracy? yet that, after ſitting ſome little time, and I converſing with my former coolneſs, the moment the man was ſilenced on this ſubject, we left him without any ſigns ofireſentment or oppoſition?

But, ſir, ſuppoſing my mode of producing the effect I deſired as vicious and as unworthy as you pleaſe (and I ſuſpected even at the time that it had vice in it, though I knew not how taken ſo ſuddenly to act otherwiſe) yet, was telling this man, or any man who had really uttered a dangerous lie, that he was a liar, treaſon? A treble guard was immediately put upon Mr. Sharp, which is proof indeed that the man had ſo told his ſtory as to produce alarm in the Privy Council, whoſe ſyſtem it was to alarm and be alarmed. But what had this man's being pronounced a liar in common with treaſon? This was ſeveral months [96]too before the preſenting the bill of indictment. No ſecond attempt had been made for the eſcape of Mr. Sharp; and, if we had wiſhed his flight, could you, ſir, think, conſpirators and deep deſigners as we were, that we ſhould have planned and executed our plot with ſuch contemptible inefficacy? You might believe us to be wicked and weak, but ſurely you could not ſuppoſe we were idiots. Why was I not examined too, before the Privy Council, for this as well as for the reſt of my conſpiracies? What poſſible anſwer can be given to that queſtion? Surely you would not deſignedly avoid the encounter of a man of ſuch ſhallow intellect as ſuch a failure would indicate.

Sir, the ſubſtance of this addreſs is, that I have been accuſed by you of high treaſon; that the accuſation was a flagrant breach of juſtice, for you had no proof whatever againſt me, but eſſential evidence in my favour; that, by the management of the proſecutors, of whom you are officially at the head, the indictment was returned a true [97]bill; that I have ſuffered all the evils of impriſonment, family alarm, waſting of ſubſtance and loſs of time; that, in addition to theſe, you inflicted a wrong greater than them all, you refuſed to let me be heard in my own defence by refuſing to bring me to trial; that you did this to avoid the diſgrace of having indicted a man for the enormous crime of High Treaſon contrary to evidence; and that you ſat and by your ſilence acquieſced in the praiſe that was beſtowed upon you, for the laſt and greateſt of theſe acts of injuſtice. The concluſion I am obliged to draw, ſir, is a very obvious one. You hold an office which while you exerciſe, ſince you can be guilty of errors ſo dangerous as theſe, the life of no man in the kingdom is ſafe. Be juſt to yourſelf and your fellow ſubjects; acknowledge that you do not poſſeſs that cool unprejudiced impartiality which this office requires; do the right which is yet in your power; relieve the nation of its fears; and abandon a ſtation for which all diſpaſſionate men will affirm you are unſit.

THOMAS HOLCROFT.

LETTER II.
To Lord Chief Juſtice Eyre.

[98]
My Lord,

Hearing, as I take it for granted you will hear through ſome channel, of my preſent addreſs to your Lordſhip, I have reaſon to ſuppoſe, by the warning you gave me when I expreſſed my intention in the open court of publiſhing my thoughts, that you will not expect me to be temperate. I know not why you ſhould have formed ſuch an opinion: you certainly, as I believe, had no proof on which it might be built. On the two occaſions of my ſurrender and my acquittal, I am utterly ignorant of my own emotions if I were not determinedly cool, and collected. I ſuſpect your lordſhip had not developed your own motives; and that they were a latent conſciouſneſs that I had what is generally ſuppoſed to be very great cauſe of complaint. The manner in which I was prevented from ſpeaking, whether intentionally or [99]not, had every appearance of the proſecutors being fearful that I ſhould ſpeak diſagreeable truths. I have publiſhed the addreſs I had prepared, and you, they, and the world may now decide.

This is but the preface to the ſubject of my preſent letter; which I mean to be a few neceſſary remarks and arguments, on the propoſitions delivered by your lordſhip, when I appeared before you. And here I muſt entreat your ſerious attention, to a diſtinction which I think ought to be made. Truth contemplates man as the creature of the circumſtances under which he exiſts; and, did thoſe circumſtances vary, he would then inevitably be different. In other words, I conſider your lordſhip as conviction obliges me to conſider all human beings; that is, as a man who acts from knowledge, when you promote the general good; and when you do the reverſe, from ignorance. I attribute no malice to you, but ſome miſtakes; and thoſe miſtakes are rendered dangerous by the talents [100]you poſſeſs, and the ſtation you fill. I admir your faculties, becauſe they are comprehenſive. I cenſure your errors, becauſe they are baneful. I know that, if I had the power to convince you that they are errors, you would commit them no more; and, if I want that power, who or what am I to accuſe; except the mutual want of the means of making ourſelves intelligible; that is, our mutual ignorance? Let us both therefore ſincerely and cordially exert ourſelves to forget perſons, and inquire into facts.

The heads of the inquiries I wiſh to be made, taken in the order in which they occurred when I appeared before you, are theſe.

  • 1. What is indulgence?
  • 2. What is right?
  • 3. May not a man's country, that is, the government its officers and a grand jury, commit injuſtice?
  • 4. Was the act of ſurrendering myſelf the part of a good citizen, and an honeſt man?
  • [101] 5. Was it to warn, or to intimidate, that you adviſed me to take care of publiſhing my ſentiments, on my own caſe?

There is another queſtion, namely, the honourable dealing of the Attorney General, which I ſhall omit to diſcuſs with your lordſhip; becauſe I have already addreſſed myſelf to that gentleman.

1. To begin with the firſt, your lordſhip will no doubt recollect that, when I aſked for the attendance of my amanuenſis, you anſwered that, unleſs my health made it requiſite, it would be contrary to cuſtom, and an indulgence which you could not grant. My lord, contrary to cuſtom is one thing; indulgence is another. The forms of courts may be regulated by cuſtom; and to thoſe, whether juſt or unjuſt, having accepted the high office you hold, you may think proper to conform. But what does indulgence mean? That too muſt either be juſt or unjuſt. If it mean a juſt action, ſurely a juſt action is no indulgence. If it mean an unjuſt action, it ſcarcely can be characterized by a word [102]which, if it have any preciſe meaning, ſeems to incline to the ſide of benevolence. It is no fault of mine, my lord, that the world has long been amuſing itſelf with words, inſtead of truth. When you mentioned health, had not a ſevere adherence to veracity reſtrained me, I might have profited by the hint. I did not forget that I had a diſeaſe, with which I had been afflicted between two and three years; but it was not of a nature to make the attendance of a ſervant neceſſary. That was not my motive for aſking the aid of another hand. To have pleaded ſuch a motive, though the lax morality of the world would have conſtrued it into truth, would have been falſehood; and very unworthy of a man acting upon the principles which brought me to ſurrender myſelf in that court. I then wiſhed to act truly; and I now wiſh to excite your lordſhip and all mankind to the examination of truth. I think therefore you will eaſily diſcover there can be no ſuch things as indulgence; and that it is a word which ought even to be baniſhed the [103]nurſery, and is highly unworthy of a court of juſtice. Either it was right that I ſhould have the aid I required, to enable me to demonſtrate my innocence, or it was wrong. That is, it was right or wrong to deny me the means of juſtification: as indeed impriſonment and all other conſtraint more or leſs do deny. But of this your lordſhip and the world in general have hitherto been but little aware; nor is it probable that I ſhould have the power of awakening you.

2. The laſt time I was brought before your lordſhip, you informed me that, "having been acquitted, I had no right to addreſs one word either to the court or the jury." The ſame queſtion again occurs. I ſuppoſe, your lordſhip meant I had no right according to the cuſtom of the court. That however I believe is a fact not well eſtabliſhed. But I conſider all rules that have nothing better than cuſtom for their baſis as founded in error. I ſhall therefore only aſk, was it juſt or unjuſt that I, having been publiſhed a traitor to the whole nation, ſhould employ every means [104]in my power to prove to the nation how entirely innocent I had been of the crime laid to my charge? If right ſignify juſt, is it not right that every man ſhould be as uſeful in ſociety as poſſible? And does the ſuſpected man enjoy his full extent of utility? Did this dumb acquittal leave me wholly unſuſpected? I can ſolemnly aſſure your lordſhip it did not. Since my releaſe from priſon, I daily meet men, who uſed to approach me with ſmiles and friendſhip, who now avert their eyes, and either from diſlike or timidity ſhun my acquaintance. I ſtate a fact, not a complaint. I aſked only half an hour; and was anſwered, with an exclamation, that a ſpeech of half an hour was a thing not to be endured. What then were the ſpeeches of the counſel for the crown; when accuſation, when acrimony, when puniſhment were the purſuit? Speeches of ſeven, eight, and nine hours were endurable. Readings, repetitions, litigious quibbles, and the teſtimonies of ſpies, which protracted a ſentence on which probably the lives of thouſands and hundreds of thouſands depended to [105]the enormous length of eight days, beginning early in the morning and frequently ending after midnight theſe were endurable. And, if juſtice could be forwarded by ſuch inquiries, ſo they ought to be: but of that I vehemently doubt. Could I have ſpoken for eight days, and by ſpeaking have conduced to the promoting of juſtice, I ought to have been patiently and attentively heard. I will ſay more, though in none of theſe things I expect to be joined by your lordſhip; which is that, had my ſpeech of half an hour been wholly wrong, it ought to have been heard: and for this plain reaſon, that my errors, by being known, might have ſome chance of being corrected.

But there are other and more obvious motives, which imperiouſly called on me to ſpeak, and on my country to hear. I had been rendered a ſuſpected man to the nation. A bill for high treaſon had been preſented againſt me; and had been found, in the language of your lordſhip, by my country. On this indictment your lordſhip had committed me to priſon. I had [106]been brought to the bar, and arraigned; and every means, except the laſt, had been taken by the law, which could induce my countrymen to believe I was the traitor the indictment aſſerted me to be. My lord, after proceedings ſo awful as theſe, to forbid an innocent man to counteract their dangerous conſequences, by informing mankind of truths relative to his own conduct of which they were ignorant, and a knowledge of which would reſtore him to their good opinion, is one of thoſe violent acts of injuſtice againſt which it is the duty of every man to proteſt.

3. I was told by your lordſhip, that, I ſtood indicted by my country; and that no man who happens to ſtand in that ſituation ought to complain of injuſtice; becauſe he accuſes his country of injuſtice, when he makes that complaint."—I own to your lordſhip that I have ſeldom heard a propoſition more extraordinary. It may be the language of the law, but ſurely common ſenſe revolts at it. What, is it impoſſible for my country to be miſtaken? And of what does this country conſiſt? Of three-and-twenty [107]men, nominated by the officers of the Crown, compoſing what is called a grand jury, inſtructed by the crown I ſpeak of this caſe) hearing none but the witneſſes for the crown, and deciding by a majority. Will it be affirmed that it was impoſſible for theſe men to be guilty of error? And is not all error unjuſt? Was there never an innocent man hanged? And was his country, which put him to death, guilty of no injuſtice? I think I can demonſtrate that all wars are unjuſt; but no man will affirm that offenſive and predatory wars are not ſo. And were there never offenſive and predatory wars? Has this country never undertaken ſuch wars? Or is this country excluſively exempt from error? I have heard national prejudices too frequently repeated; but I never heard an aſſertion ſo violent as this, except from the mouth of lawyers, uttering the ſictions of law. Ignorant as I am of theſe fictions, till this period I was ignorant that this was one of them. I had heard that the king could do no wrong; but never before knew that his ſubjects were equally infallible. I affirm that wrong has [108]been committed on me; and, if my country had no concern in it, I muſt conclude that the miniſters of this country, the attorney general, the grand jury, and the other perſons concerned, were no part of my country; a concluſion which, in the preſent ſelfadmiring temper of Engliſhmen, would probably not be very grateful to them.

4. Perhaps I have too great an aptitude to feel ſurpriſe. If ſo, I am willing my miſtakes ſhould be known; for I confeſs I again felt extreme ſurpriſe, when I heard myſelf reproached by your lordſhip, for ſurrendering myſelf after a bill had been found againſt me for high treaſon. What, my lord! Being conſcious of my own innocence, would you have adviſed me to the clandeſtine act of concealment; of flight; of inducing the world to believe me guilty? Surely in this inſtance your lordſhip's memory ſlept: you had forgotten even your own law, which admits the appearance or ſlight of the priſoner as preſumptive proof of innocence or guilt. Nay, do you not inſtruct the jury to inquire among the firſt of their proceedings whether the perſon accuſed [109]"fled for it?" But leaving law, and recurring to a more accurate ſtandard, to juſtice, is that man juſt to himſelf or to the community who, by his cowardice, renders himſelf ſuſpected, and robs himſelf and his country of as much utility as this ſuſpicion deſtroys? Would your lordſhip bid innocence live under the ſtigma of guilt? Would you condeſcend ſo to live? I will not think ſo meanly of you! Greatly miſtaken as I conceive you have been, in many parts of the late legal proceedings, I have a much higher opinion of your underſtanding. It would not ſuffer you to practiſe a precept ſo injurious, and ſo unmanly. When I came to ſurrender myſelf, you informed me you would not take advantage of my indiſcretion. I will not doubt but that you felt kindly, and meant me well: but were you not deceived? How was I indiſcreet? Was there no intention to apprehend after having indicted me? Miniſtry inſtituted the proſecution: could I ſuppoſe that the only end they had in view was to ſtigmatize and render me ſuſpected? Or, if I had entertained that belief, ought I [110]to have ſubmitted to the injurious falſehood, and walk at large a proclaimed traitor? No; that miniſtry certainly would not have endured: as little perhaps as I could endure the ignominy of concealment. Well then, ought I to have ſubjected myſelf to have been guarded through the ſtreets a priſoner, and brought like a culprit into the preſence of the blindly accuſing law, when I could ſo far walk a free man, to deliver myſelf up to my proſecutors? Who will affirm that either of theſe would have been the act of a wiſe and virtuous man, conſcious of his owninnocence?

5. When I informed the court, being denied the liberty of ſpeaking, that I muſt take ſome other means of publiſhing my ſentiments concerning the proſecution that had been inſtituted againſt me, this was your lordſhip's anſwer—"You had better take care of that, ſir; or you may get into another ſcrape, as ſoon as you are relieved from this."—I replied that I was very willing to ſuffer for what I conceived to be right; and your lordſhip turned back on the bench, with an interjection expreſſing ſtrong diſapprobation. Again I am at iſſue with [111]your lordſhip. I know but one ſtandard for all the actions of men; and the queſtion will eternally recur, is the action right, or wrong? juſt, or unjuſt? Was it my duty to publiſh facts, which I ſuppoſe may aid men in their future conduct, or was it not? Imagine me to be at preſent under the influence of paſſion, or any other error: yet, is it not healthful to myſlf and to ſociety that I ſhould make my errors known; leſt, by being treaſured up in my mind, they ſhould corrode till they burſt forth with tenfold virulence? How are miſtakes to be corrected, while they remain undiſcovered? If I utter falſehood of any kind, has government no perſon in pay, who can tell truth? Is it falſehood, or is it fact, that government is unwilling to hear? Why was it deſirable that no further inquiry ſhould take place, after the priſoners who had eſcaped a cruel and barbarous death ſhould be releaſed? Are proceedings ſo ſerious to all men immediately to be huſhed, and ſmothered in ſilence, as ſoon as the proſecutors ſhall have failed in attempts which were either juſt or unjuſt? If juſt, why ſhould they ſhun inquiry? [112]If unjuſt, will your lordſhip affirm that injuſtice ought not to be made public? Our king and our country, it ſeems, can do no wrong. Are miniſtry equally impeccable? Is there any law fiction to protect them? I do not mean their perſons, but their actions; their miſtakes, if it be poſſible that they ever did or ever can commit any.

"I had better take care, or I may get into another ſcrape." I will not carp at a word which though vulgar was expreſſive; but will aſk your lordſhip by what action of mine it was that I got into a ſcrape? How am I to avoid getting into another? By what ſecret is any man to avoid falſe accuſation? Is your lordſhip wiſe enough to know? If you are, for charity's ſake make it public: reformers have been and are in perilous need of it.

Surely the better judgment of your lordſhip had forſaken you, during this whole dialogue! I do not ſeek to injure you in the opinion of your countrymen: if I did, the accuſation of ſo unprotected a perſon you would probably diſregard. I have declared my ſentiments concerning your talents, and [113]your miſtakes. I am equally ſincere in both, though I have but lightly touched on either; for this letter is but a trifle to what I could write, on the proceedings in which you have been involved in the courſe of this proſecution. But they are foreign to my preſent ſubject; and if they were not, I would endeavour as I now do to convince your lordſhip that I have and could have no motive but the deſire, not of doing injury to an individual, but good to all. I give my thoughts for what they are worth; let thoſe examine them who think they deſerve to be examined. It may well be doubted whether I can ſuggeſt any new truth; but I think it poſſible that I ſhould place old ones now and then in a clear point of view. That you ſhould feel offended to hear a man declare himſelf willing to ſuffer for doing that which he believed to be right, that is, for diſcharging what he ſuppoſed to be a duty, was a thing which if I had not ſeen and heard I ſcarcely ſhould have credited. You might believe, though I know not why you ſhould, that I ſhould certainly [114]do wrong; yet, in your cooler moments, you could not I think but applaud the intention: and I conclude with repeating my perſuaſion that your judgment was leſs ſound, on this occaſion, than it generally is in occurrences perhaps leſs ſerious in their conſequences.

THOMAS HOLCROFT.

LETTER III.
To Mr. Serjeant Adair.

Sir,

IN my letter to the Attorney General, I have quoted ſome ſentiments, which you delivered in your opening againſt Mr. Thelwall, and which I think it behoves me to notice. I have there made ſome remarks on them, and here intend to add a few more; but muſt previouſly repeat the ſubſtance of what you will find I have ſaid in my prefatory addreſſes, to Mr. Attorney General and Lord Chief Juſtice Eyre, that the motive of my writing is not to give you pain, but, by detecting your miſtakes, to add as I [115]hope to the means of general improvement. Perhaps you may think the ſuppoſition that I have the power to give pain, undignified and unprotected by the great as I am, is a trait of arrogance. I believe however this to be a miſtake beneath your underſtanding. You have been too long familiar with an elevated ſituation to imagine that any thing but the efforts of ſound reaſon can ſhield a man from the pain of accuſation; whether it be falſe or true. But, ſir, though I conceive you will be more diſpaſſionate, there are perſons who are ſo devoured with zeal againſt Jacobins, among whom, were there no other circumſtances, this proſecution has in their opinion ranked me, that arrogant will be too ſoft a term to expreſs their ſenſations.

This is a matter of trifling moment. My preſent theme is the forbearing benevolence of His Majeſty's Attorney General. Will you patiently permit me to tell you, ſir, how forbearing that gentleman has been? He forbore to call evidence againſt me; which, according to the phraſe, was very honourable in him indeed; for he had none to call. [116]He forbore to keep me and my fellow ſufferers longer in priſon; becauſe he was conſcious that the minds of men revolted at the injuſtice of the puniſhment we had already endured. He forbore to exaſperate the public more by the diſcloſure of the extreme folly of which, in the fervor of his accuſing zeal, he had been guilty; in charging a man with the crime of High Treaſon at the moment when he had depoſitions to prove the man ſo charged to be the enthuſiaſtic preacher of peace, and the determined opponent of violence. I have called it folly: by what word would you have characterized ſuch conduct? Yes, ſir, he forbore to proſecute, in proportion as he perceived he wanted the power. He forbore to inflict evil, the moment he diſcovered how dangerous his conduct was become. I would not be underſtood to ſay, or ſuppoſe, that he thought it evil; but did his miſtakes leſſen the injury? His forbearance has indeed been exemplary, and I fear he will ſtill continue to forbear. He will probably forbear, in all companies into which he goes, to inform them that he has [117]accuſed without proof, has acquitted with reluctance, and has paſſed through Temple Bar with a confuſed mind, if not with an aching heart. He forbore to viſit and conſole the families of the priſoners, by whoſe induſtry till manacled by him theſe families had been ſupported; and he will ſtill forbear to inquire whether the ſires of thoſe priſoners be ſtarving, their children naked, or their wives living or dead. Let him: if he be not unexpectedly wiſe, or deplorably erroneous, ſuch forbearance will conduce to the quiet of his conſcience.

I have but one queſtion more to aſk, and that, ſir, relates wholly to yourſelf. You are a man who have as I may ſay been trammeled in the manners and cuſtoms of courts of law. You have ſat upon the bench, and been led to conſider the duties and even delicacies of ſuch a ſituation. You are not ignorant that every expiation, which kind and reſpectful treatment can publicly afford, is due to a man who has been acquitted by his country, for this acquittal avows the accuſation to have been falſe. Where, [118]ſir, was the kindneſs, where the reſpect, where the decency, of telling a man, who had juſt been acquitted by his country, that the reaſon of his acquittal was the forbearing to introduce witneſſes? Sir, I intend no perſonal offence when I ſay it was ſo far from kind, reſpectful, or decent, that it was abſolutely falſe. You forgot yourſelt. Men are ſubject to miſtakes, and all that I here intend is to vindicate and do juſtice to my own character, againſt an error which I hope you would not frequently be ſo forgetful of what is due to juſtice and to a perſon falſely accuſed as to commit.

THOMAS HOLCROFT.

LETTER IV.
To the Honourable Thomas Erſkine; and Vicary Gibbs, Eſquire.

Gentlemen,

HAD I not been perſonally implicated in the late ſtrange proſecutions for High Treaſon, [119]I ſtill muſt have contemplated, I hope, with no leſs intereſt the men whoſe talents and integrity had fitted them to be the defenders of the human race. A ſenſe of duty has obliged me to remark on the miſtakes of ſome perſons, concenred in theſe trials; and the duty of ſtating the facts which diſplay truths of a contrary nature cannot be thought leſs urgent. I have no perſonal intimacy with either of you; and I certainly differ widely with you both, concerning the principle of coercion, on which law is founded. On this ground, I have ſometimes neceſſarily diſapproved even parts of the aſtoniſhing defence you made, in favour of the proſecuted. I think therefore I ſhall not rationally be ſuſpected of an endeavour to beſtow unmerited eulogium on you. Beſide, as I have already ſaid, my chief praiſe will be a recapitulation of facts.

When I recollect theſe facts, I conſeſs the accumulated maſs excites in me no ſmall degree of amazement. Braving the cabals of a violent, numerous, and powerful party, whom none but men of fortitude would [120]have dared to brave, you began labours which, like the aſcent of the Alps, as you proceeded ſhewed that, having climbed mountains, you had mountains ſtill to climb. The notice you had was abrupt, the caſes each a vaſt chaos of darkneſs, and the iſſue, perhaps in the opinion of both parties, little leſs than an age of happineſs or of miſery to mankind. The indictment, unjuſt as it ſurely was by its complicated nature, contained the names of twelve men, to whoſe individual narratives you were bound to liſten; and not only to exert all your faculties to deduce the unmixed truth from them, but to divine how you might confute and annihilate accuſing falſhood. You had two liſts of upward of four hundred perſons, jurymen and witneſſes, to ſcrutinize; and by this enormous catalogue the lives of your clients and the liberties of the nation were to be decided. The character of every man whoſe name it contained was to be ſifted. The prejudices of jurymen, as they might be conjectured to ariſe from the nature of their employments, [121]declarations, and dependencies, demanded ſevere inquiry; and the characters, connections, and vices of ſome of the witneſſes, an inquiry perhaps ſtill more painful, more diſguſting, more ſevere. Failure in either of theſe eſſential points might have been deſtruction to the great cauſe you had riſen to defend.

The nature of the accuſation was ſtill more confounding. It was a maſs of heterogeneous facts, vague but perplexing aſſertions, and tedious and ſtupefying readings and recapitulations. It is now proved, that there was nothing treaſonable in them: but their artful and benumbing effects you had to deſtroy, or freedom had to fall.

To you, Mr. Erſkine, truth requires I ſhould particularly addreſs myſelf; and the diſtinction I know will give no ſmall pleaſure to your kind and dignified fellow-labourer. I ſaw the tears ſtart in his eyes, I heard the tremulous ſinking of his voice, I witneſſed the affections working in his boſom, when he attempted, in his eloquent and animated ſpeech in the defence of Mr. [122]Thelwall, to expreſs his deep ſenſe of your virtue. It was a marking trait in his character, which thoſe who know how to eſtimate it will not forget.

He then will moſt cordially join with me, when I affirm that the intrepidity with which you encountered an embattled hoſt of Crown lawyers, whoſe angry brows were dark as Erebus, whenever the Bench above them decided that the practice of the courts was in your favour, was ſuch as I believe no pleader in the kingdom could have equalled; that the acumen with which you examined witneſſes, Spies I mean and Informers, extracting truth from the black receſſes of audacious falſhood, wreſting it forth and dragging it to light, was no leſs admirable; that the diſcrimination with which you detected and expoſed, even without wounding, the prevarications not of hired ruſſians but of infatuated and prejudiced men, drew applauſe even from your adverſaries; and that, by your knowledge of the human heart, you ſo managed the witneſſes for the Crown as to make theſe [123]very witneſſes prove the injuſtice and the falſhood of the charges brought againſt your clients. Various are the traits, in the courſe of the trials, that mark how eminently you poſſeſs the qualities I have attempted to deſcribe. One of theſe I cannot forbear to cite. A friend who heard it, and who is well ſtudied in the human heart, particularly in its great emotions, ſpeaking of it with tranſport has declared that, accompanied by your voice, look, and geſture, it was ſublime. While examining the ſpy Alexander, who had not you detected him might have ſworn away the life of Hardy, obſerving his downcaſt countenance and ſuddenly interrupting yourſelf, you exclaimed— ‘Look at the Jury, ſir! Don't look at me: I have ſeen enough of you!’

The exertions of your genius thus far were delightful: and, had they ended here, would I truſt have ſaved the nation. But here they were not to end. Your ſpeech in favour of Hardy at the cloſe of the evidence for the Crown, was ſuch that [124]every creature who witneſſed it, young and old, never mention it in my hearing but with rapture. Accompanied as it was by that profound ſenſe of the magnitude of the cauſe you had to defend, and by that almoſt ſuper-human energy, for ſuch it is deſcribed to have been, with which its momentous conſequences inſpired you, the words you uttered were engraven on the hearts of your hearers! Their affections were expanded, and they glowed with that divine enthuſiaſm in the behalf of juſtice, which ſtrength of feeling and genius like yours only could infuſe. Sir, you ſaved a nation; and a nation's tears, a nation's bleſſings, a nation's love, will follow you to the grave; and there reſt, in everlaſtingly fond remembrance, over your aſhes.

Nor muſt I forget that you, ſir, were the man whoſe acuteneſs and genius fitted you for the momentous office; and whoſe courage alone could reſiſt obſtacles that terrified minds leſs firm, and propenſities more ſelfiſh. Sorry am I to learn that the bar is infeſted by a mercenary band, who will not [125]whiſper a word in favour of that freedom which thoſe who have ſilk gowns and furred robes to beſtow ſyſtematically diſcountenance. They ſhun the unprofitable conteſt. They afſirm, and deny, and cringe, and cower, and blow hot and blow cold, as a nod from the powers that be ſhall indicate; obedient and tame for a time, that their turn to tyrannize may come. Twelve innocent men might have periſhed, nay a Nation have periſhed with them, ere one man of any ſtanding or command at the bar would have moved in their defence. you, ſir, was the only exception. Your patriotiſm alone was pure enough to diſregard perſonal views, and momentary advantage. You toiled for a nobler purpoſe than to render your children the future ſatraps of deſpotiſm. Lighted by the torch of Liberty, you ſaw the worſhippers of Mammon forging their own ſhackles. With a mind too elaſtic, too independent, too comprehenſive to ſtoop thus baſely, the ſight inſpired you with increaſing fortitude; and you met the ſelect legion of all the Inns and Halls, marſhalled [126]againſt you in dreadful array. They advanced upon you, glorying in their numbers; now man by man, and now, exaſperated at repulſe, ruſhing forward in a body: You faced and fought them all; with valour unequalled, you fought and conquered.

Shall I forget the man who ſo courageouſly imitated your daring; leſs inured to the field, yet eager to ſhare your dangers? If I do, may my right hand forget her cunning! He participated your toils, he was your brother in anxiety and zeal; and, in logical deduction and cloſe reaſoning, ſurely not your inferior. If he did not imperiouſly reign over the ſenſations, he commanded the aſſent of the underſtanding. He, like you, had to repel the poiſoned arrows of law; and of law itſelf you mutually made a ſhield, by which its terrors were averted.

What ſhall I ſay? How ſhall I addreſs you? Poſſeſſed of a people's love, a people ſnatched by your aid and the fortitude of a few from the brink of ſlavery, how ſhall an individual expreſs his ſenſe of your virtues and your worth? Gentlemen, the [127]triumph you gained and the applauſe beſtowed upon you was heartfelt, and little leſs than univerſal. But it was not momentary. No! Ages to come ſhall reſound with its acclamations! They will be heard everlaſtingly: at leaſt while the actions of men as they are ſhall continue to intereſt men as they muſt be.

THOMAS HOLCROFT.

APPENDIX.

[129]

I.

AFTER the examination of the ſuppoſed conſpirators before the Privy. Council, I was informed that ſome of them had been queſtioned concerning me, and that their teſtimony had been the truth. One of theſe I knew was Mr. Sharp; and being convinced, when the trial of Mr. Horne Tooke was over, it was then impoſſible for Conſtructive Treaſon to make any farther attempts upon me, and foreſeeing that I ſhould be called up to be acquitted without trial, I wiſhed to deliver the addreſs which is inſerted in this narrative. That it might produce its full effect, I was deſirous of procuring the moſt authentic documents. This occaſioned me to write the following note:

Mr. Holcroft preſents his compliments to Mr. Sharp—There is a rumour that he and others are to be called up and acquitted on Monday: requeſts him 'therefore, or rather conjures him, as he loves the cauſe of freedom, to furniſh him with a correct ſtatement of the evidence he gave, immediately, and if poſſible by the bearer. If Mr. Sharp know any other perſon who gave evidence before the Privy Council [130]concerning Mr. Holcroft, he will be greatly obliged if he will inform him.

To this the anſwer ſubjoined was returned; which having quoted in part, it is neceſſary I ſhould inſert intire.

Copy from my teſtimony, which I ſigned at the Privy Council.—‘The Society for Conſtitutional Information adjourned and left the Delegates in the room: the moſt gentlemanlike perſon (of the Correſponding Society) took the chair, and talked about an equal repreſentation of the people, and putting an end to war. Holcroft talked about the powers of the human mind.’ This is the whole that I ſigned. The particulars I remember of that converſation are I believe nearly as follow: Mr. Holcroft talked a great deal about peace; of his being againſt any violent or coercive means, that were uſually reſorted to againſt our fellow-creatures; urged the more powerful operation of philoſophy and reaſon, to convince man of his errors; and ſaid, that he would diſarm his greateſt enemy, by thoſe means, and oppoſe his fury.—Spoke alſo about truth being powerful, &c. &c. and gave advice to the above effect to the Delegates preſent, who all ſeemed to agree, as no perſon preſent oppoſed his arguments. This converſation laſted better than an hour, and we departed. The next time the Delegates met, Holcroft was not preſent. This is the ſubſtance of what I remember of that converſation.

[131] Before the Grand Jury, I mentioned Mr. Holcroft's diſpoſition and converſation when we met, about reaſoning men out of their errors. He was a ſort of natural quaker, and was for the peaceable means that philoſophy and reaſon pointed out, to convince mankind. He was againſt violence of all kinds; but did not believe in the ſecret impulſes of the Spirit, like the Quakers.

I think it neceſſary to acquaint my friend Holcroft, that notice will be taken (to oppoſe my teſtimony) of the words that paſſed at my houſe, when I was in cuſtody, between the officer and Holcroft—of his telling the man he was a liar; it was an impudent lie; which occaſioned, I underſtand, two men being placed over me the next day, they conceiving it a deſign on our part to affront the man, to produce violence, and favour my eſcape. This I believe will be urged by the Counſel for the Crown, to deſtroy my evidence in Holcroft's favour. Holcroft muſt procure other perſons, who have heard him reprobate war and violence, and oppoſe truth, reaſon, and philoſophy. I believe Tooke, Godwin, and Adams, muſt remember converſations to that effect.

W. SHARP.

The anſwer to the laſt paragraph may be ſeen, in my letter to the Attorney General. I ſhall only add, that I very ſincerely diſapprove the word liar, or any other word which has an aggravating tendency; and that, if the occaſion on which I uſed that word did not juſtify the action, I wiſh it to meet all the cenſure it deſerves. I have conſcientiouſly related the motive with which it was uſed by me.

II.

[132]

THE following curious documents were communicated to me, by a gentleman whoſe accuracy and perſpicuity in ſeating facts have been eminently beneficial to the cauſe of reform, and to whom the Nation is highly indebted for the very eſſential part he took in drawing up the ſtate of the repreſentation of England and Wales, which was publiſhed by the Society of the Friends of the People. In the following Defence, I have endeavoured to give a ſketch of the corruptions of parliament, and have offered ſome conjectures on the oligarchical organization which, if not prevented, is likely to reſult. The aunexed documents contain enumerations pointedly in favour of my whole argument. The power of the Crown can only counteract the influence of the Peerage by ſwelling its liſt. The Commons is proved to be the creature of their own creating. By weakening each other, they muſt fall; and from their downfall a new order of things muſt in ſome form or other ariſe, ſhould the preſent pertinacious reſiſtance to innovation, that is to a change for the better, be continued.

1.

  • AT the King's acceſſion, the total number of the Peerage (excluſive of Princes of the Blood, Biſhops, and Scotch Peers) was 172
  • At the preſent day it is 230
  • Increaſe (being above a fourth part of the whole) 58

2.

[133]
  • From the year 1700 to the year 1761, the total number of new Peers created (excluſive of Princes, Peereſſes, and Lords called up by ſummons) was 87
  • From the year 1761 to the year 1795, the total number of new Peers created (ſubject to the ſame exceptions as above) was 87

His preſent Majeſty therefore has created as many Peers, in thirty-four years, as his three predeceſſors did, in a period of almoſt twice the length!

3.

  • The total number of Peers created, ſince the year 1700, is 174
  • Of which number there have been created ſince 1783 no leſs than 44

In other words, in about a ninth part of the time Mr. Pitt has created a fourth part of the number: or, comparing the number created by Mr. Pitt (44) with the total created in the preſent reign (87) it appears that he has induced his Majeſty to create more in eleven years than his predeceſſors in office could induce him to create in twenty-three!

4.

With reſpect to the election influence poſſeſſed by the Houſe of Lords, it appears by the Report of the Friends of the People to be as follows:

[134] (N. B. This Report, having been publiſhed nearly three years without being proſecuted, anſwered, or even contradicted, and the ſubſtance of it ſtanding upon the Journals of the Houſe of Commons, may now be fairly quoted as authentic in point of facts.)

  • Seventy-eight Peers return members to ſerve in Parliament 172
  • Of which number the Peers created in the preſent reign return 48
  • The progreſs of this encroachment will appear more alarming when it is ſtated that The Peers created during eleven years, ending in 1772, return to Parliament 6
  • The Peers created during eleven years, ending in 1783, return to Parliament 9
  • The Peers created during eleven years, ending in 1794, return to Parliament 33

N. B. This is excluſive of the members returned by Scotch Peers who have been created Engliſh Peers. I apprehend the number to be at leaſt 10; but I never could get a return of the Patronage in Scotland. The late creation of Peers and their patronage is included in the above, taken from what in the Report of the Friends of the People is called the Patronage of Commoners.

5.

  • The total number of the preſent Houſe of Lords, after deducting Minors and Catholics, who have no votes, is 261
  • [135] Of this number Have been put into the Houſe of Lords by his preſent Majeſty, in the conſtitutional and neceſſary exerciſe of his prerogative, Archbiſhops, 2 Biſhops, 23
  • Princes of the Blood, made Peers by the King, according to long eſtabliſhed cuſtom, 4
  • Hereditary Engliſh Peers who belong to his Majeſty's houſehold, 17
  • Hereditary Engliſh Peers who belong to the Prince of Wales's houſehold 2
  • Hereditary Engliſh Peers who belong to her Majeſty's houſehold 3
  • Hereditary Engliſh Peers, who hold great offices during pleaſure under the King 8
  • Elected by the Scotch Peers, the majority of whom are notoriouſly under influence 16
  • Have been put into the Houſe of Lords by the King, and are not included in the above, 57
  • 132
  • Therefore 132 of the preſent Houſe of Lords do not fall under the deſcription of hereditary and independent. It appears from the above, that the hereditary Peers not holding places amount only to 129
  • Leaving thoſe named by the King, deputed by the Scotch Peers, or influenced by the Crown, in a majority of 3

N. B. In the preceding table, the ſons of Peers created by his preſent Majeſty are conſidered as Hereditary [136]Noblemen. With reſpect to the number of hereditary Peers holding places, or enjoying penſions, I have no doubt that it might be very conſiderably increaſed; but as to ſhew any majority was ſufficient for my purpoſe, I have not been anxious about it.

DEFENCE.

[]

THE Crime of which I here ſtand accuſed I conſider as one of the higheſt which man can commit. It is the crime of meditating and conſpiring to have recourſe to arms and violence: a crime that has the greateſt tendency to inflame multitudes, deprive them of reaſon, and excite them to all the horrors of war; which is a ſtate the moſt deſtructive and the moſt unnatural to man. I truſt the Court and the Jury, therefore, will afford me a patient and an attentive hearing, while I endeavour to ſhew the extreme injuſtice that has been done me; that I may be reſtored to ſociety without being deprived of any part of that utility which ſo intimately depends on a character unimpeachable [2]and a mind actuated by virtuous intention.

Points of Law have already been moſt ably argued; and, if they had not, my ſtudies have not qualiſied me to treat of Law in the detail. It is voluminous, complex, and contradictory. Either I miſtake, or, it is the very oppoſite to the ſimple uniformity of Juſtice. And here it is my duty to remind you, Gentlemen of the Jury, that the very eſſence of your office is to conſider the Juſtice, I ſay, the Juſtice of this and of every caſe that comes before you; and, whenever Law is contrary to Juſtice, ſtudiouſly to preſerve your minds untainted by its perplexities, and unbiaſed by its dogmas. I have much to ſay; but, remembering that not only my life but the lives of all future men to whom this caſe ſhall be brought as a precedent are at ſtake, I am perſuaded you will not think the duty of liſtening to my exculpation too ſevere. Arraigned thus ſolemnly, my defence againſt a charge of ſo deep a dye muſt be no leſs ſolemn.

It is the nature of accuſation to alarm all [3]ſociety, and render the individual accuſed univerſally ſuſpected. The benevolence he uſed to meet is fled from every face; he is avoided; the ſweets of ſocial intercourſe are denied; his functions are ſuſpended, his utility is cut off, and his moral exiſtence, the power of doing good, is always palſied, and often deſtroyed.

The effects of accuſation, at this moment, are ten-fold pernicious. The preſent criſis has produced a degree of acrimony between contending parties, that is pregnant with miſchief: acrimony unexampled perhaps ſince the proſcribing days of Sylla and Caeſar. How is this deſolating ſpirit to be appeaſed? Can it be by accuſation, raſhly made, obſtinately continued, and, I will not ſay proſecuted with malignity, but, I muſt ſay proſecuted by all the methods which men have beeen accuſtomed to aſcribe to that odious principle? What is it, at this fearful moment, that prompts and precipitates men to violence? Violence that perhaps may blind them to an approaching maſs of miſery; and, rendering them furious, [4]may plunge them in that frantic and pell-mell deſtruction which we all deprecate, all dread, and all abhor? It is this fatal ſpirit of acrimony: a ſpirit which raſhneſs engendered, paſſion has envenomed, and mutual obſtinacy renders mutually atrocious.

Gentlemen, theſe are tremendous times! This is a tremendous occaſion! And an unjuſt ſentence will be followed by tremendous conſequences! Not on account of perſonal worth; for individuals, taken ſeparately, are but inſects; on each of which Power might ſet its foot, and declare them noxious from the want of leiſure and inclination to ſtudy their uſe. No: it is becauſe ſuch unjuſt deciſions tend to increaſe that unrelenting animoſity, that ſavage hatred, which already rages in the public mind.

For my own part, Gentlemen, I will not merely contend that I am innocent, but that I have aimed at being highly virtuous. For this purpoſe, I have two principal points to prove:

1. That I was actuated by peaceful motives was the enemy of force; and, conſequently, [5]did not compaſs or imagine the death of the King, or of any human being. This will prove me guiltleſs of the black charge brought againſt me.

2. That it is the duty of every man, who perceives the miſchiefs reſulting from the preſent ſtate of repreſentation, to endeavour to effect a reform: and you all know. Gentlemen, that a conſcientious diſcharge of duty is the reſult of ſentiments of virtue.

I know no method that will ſo effectually convince you how ſincerely I am the friend of benevolence, and the enemy of coercion, or force, as by detailing the facts and arguments by which I have myſelf been convinced: nor can I by any other means ſo ſatisfactorily prove to you how unequivocally I am a friend to reform, as by reminding you of what the preſent ſtate of repreſentation in this kingdom is, and what are its conſequences. To theſe points then I once more entreat your patient, ſtrict, and conſcientious attention.

I ſhall begin with coercion: and, as I ſhall have frequent occaſion to uſe the term, I requeſt [6]you, Gentlemen, carefully to recollect that, by coercion, I mean that force which obliges a man to act or ſuffer without the conſent, and contrary to the deciſion, of his underſtanding.

No man I imagine will or can approve coercion, unleſs it be intended to prevent crime. We have therefore to enquire, what is crime?

Crime is unjuſt intention carried into effect.

It is the nature of crime to begin with individuals, but to expand and communicate to the whole. To injure one man is to give an example of injury to all men: violence produces violence; and a firſt vice is followed by a train of vices, the contagion of which quickly infects the whole community.

It is likewiſe the nature of crime to injure him by whom it is committed. It renders him ſuſpected, dreaded, and odious; and he can only be countenanced in proportion as the wicked example he gives is followed: that is, by an increaſe of danger to himſelf and all mankind. If the injury of which he [7]is guilty be returned with exceſs, we are then accuſtomed by compariſon to exonerate him; though in reality his crime is increaſed a hundred fold: for, while of two or two millions of crimes his may appear to be the leaſt, it is more fatal than any of thoſe of which it is the origin. All the crimes of a deſtructive war originate with him who firſt conceived that war.

Selſiſhneſs is emphatically the characteriſtic of crime: for the miſtaken man, who does a wrong act with a view to the good of others and without a retroſpect to his own, is certainly acting from virtuous intentions. Suppoſing his action to be baneful, his mind has the attribute of virtue.

Since therefore the ſelfiſh criminal commits the greateſt injury againſt himſelf, whom he intended to benefit, and the diſintereſted criminal is in like manner acting under miſtake, it follows that all crime is error of the underſtanding.

Crime therefore is ignorance: which is the abſence or want of knowledge. Conſequently, and this is one of the moſt important [8]of truths, knowledge is the ſole means by which crime can be prevented.

If this reaſoning be juſt, it follows that to attempt to prevent crime by coercion is an error of the underſtanding: or, in other words, is itſelf alſo crime.

This may be elucidated by an inquiry into the nature and conſequences of puniſhment: which is one of the moſt important branches of coercion.

Puniſhment is the infliction of pain and diſgrace; generally ſpeaking, either by the permiſſion or at the inſtigation of ſociety; ſometimes purpoſing to reform the criminal, and at others not; for criminals are frequently put to death; but always with an intent to prevent crime.

That to puniſh a man for being virtuous would be to commit injuſtice needs no proof. Puniſhment therefore can only concern itſelf with real or ſuppoſed crime.

It has already been proved that all crime is error of the underſtanding: and, that,

Knowledge is the ſole means by which crime can be prevented. By knowledge is [9]here underſtood moral knowledge; or the communication of thoſe facts which teach men to generate happineſs and prevent miſery. The more we examine the conſequences of puniſhment, the more we ſhall be convinced how incapable it is of communicating this kind of knowledge.

Had puniſhment been an effectual means for preventing crime, as ſoon as puniſhment had been begun crime muſt have been on the decreaſe.

This effect however is not produced; for men continue, from the introduction of puniſhment to the preſent hour, to be impriſoned, pilloried, whipped and hanged.

Fear, falſhood, revenge, and deſperation are the vices which puniſhment produces; and even revenge and deſperation are not ſo deſtructive as fear and falſhood.

Fear confuſes, diſtracts, and debilitates the mind. To prevent crime, we muſt communicate knowledge. Now the thing moſt eſſential for the acquirement of knowledge is that the mind ſhould be clear, and undiſturbed; and, for the practice of the [10]virtues taught by knowledge, that it ſhould poſſeſs fortitude.

With reſpect to the practice of falſhood, it teaches man not only to conceal from others, but from himſelf, his various deviations from rectitude; and the more ſucceſſfully he practices this deceit, the more audacious and enterprizing he becomes. Let us once more appeal to experience for proof.

What are the effects of puniſhment? What but inevitably to create a ſchool for the exerciſe of the arts of falſhood; where the hiſtory of its tranſactions is read with delight, and repeated for the encouragement and inſtruction of every novice? Each tale has its hero; arduous taſks are undertaken; conſequences are foreſeen, and guarded againſt; fortitude and preſence of mind, for the perpetration of crime are cheriſhed, and rendered habitual; and plans, connected, daring, and ſucceſsful, are laid, by which their authors, with only a ſmall change of circumſtances, would have gained immortal fame. Such ſeminaries are our common [11]jails; and ſuch are the heroes they daily produce, and daily deliver up, to men paid and authorized to inflict on them varienties of diſgrace, puniſhment, and death. When a man, from the perverſity of his underſtanding, has committed his firſt crime, he is immediately ſent to priſon, according to law: that is, Law dooms him to the ſociety of men, whoſe underſtandings are in a ſtill more perverted ſtate than his own. Law, which is emphatically ſtiled the wiſdom of ages, does this! How would common-ſenſe act? Common-ſenſe would inſtantly conſign the criminal to the ſuperintendence and admonition of the wiſeſt and moſt virtuous men the nation could boaſt. Men capable of great crimes are, almoſt without exception, men of extraordinary energy and enterprize; and ſuch men, thus benevolently treated and inſtructed, would become as active and indefatigable, in good, as they had been daring and reſtleſs in evil. The criminal would be transformed to the ſage. Yet even this percicious practice of the law is outdone by the law. A man [12]need not be criminal to be ſent to priſon; he need only be accuſed: and, however innocent he may enter, he muſt have more than common virtue if he do not come out guilty. Such is coercion: ſuch is puniſhment.

Puniſhment therefore is inefſicient: it cannot extirpate crime: this can only be effected by the communication of knowledge. Hence,

It is the duty of mankind to inſtruct: but,

It is the practice of mankind to puniſh.

To inſtruct is to increaſe the well being of ſociety.

To puniſh is to increaſe the miſery of ſociety.

But the moſt pernicious conſequence that reſults to ſociety is the following:

Injuſtice is of a nature ſo deſtructive to well being that men cannot endure it, without endeavours to provide againſt it in future. Now, by ſubſtituting a falſe mode of correction, puniſhment, they have loſt ſight of the true mode, knowledge; and thus they have loſt what would have been [13]an inceſſant motive with them to propagate that very thing itſelf, knowledge, by which alone their well being can be ſecured and improved.

The contradictions that ſpring from the ſyſtem of violence are endleſs. In one and the ſame breath, the moraliſt recommends ſincerity and ſecrecy: though no two things can be more incompatible with and deſtructive of each other. He claſſes them among the moſt eminent virtues; though one of them cannot but be a pernicious vice, for they are oppoſites in the extreme. Where ſecrecy is ſincerity cannot be: and where ſincerity is ſecrecy can have no exiſtence. Nothing can be more demonſtrable: for, to ſpeak with perfect ſincerity there muſ be no reſerve: but, if only a part of the truth be told, a part muſt be reſerved: therefore to ſpeak only a part of the truth is not to ſpeak with perfect ſincerity.

The virtue of habitual ſincerity is eaſily proved: for, all men are agreed that to prevent injuſtice is a virtue: now, injuſtice cannot be committed till it be firſt conceived [14]in thought: therefore, to conceal thought is to conceal that by which the means of preventing injuſtice would be moſt effectually ſupplied.

How contrary to this is the coercive principle of law; which prohibits, by pains and penalties, the publication of thought! Like an odious and a wicked tyrant, it puniſhes ſeditious writings; nay, more, ſeditious words: that is, it impoſes, under pains and penalties, a ſyſtem of lying, or ſuppreſſing the genuine ſentiments of our mind; and thus the moſt pernicious of all vices is eſtabliſhed, by law, a part of our education. Thus men, if they have erroneous opinions, are forbidden that which alone can procure a remedy for this worſt of diſeaſes; and thus the venom of falſhood being forcibly pent up in the mind, lies rankling there; till it burſts forth with ſuch peſtilential virulence as not only to deſtroy its parent but to infect all ſociety.

The farther we purſue theſe inquiries the more we ſhall be convinced that puniſhment is the foe of knowledge; is deſtructive [15]of liberty; is incompatible with juſtice; and that it engenders crime, multiplies miſery, and murders intellect and its energies according to low.

Gentlemen, what I have ſaid is but a feeble ſketch of this deſolating principle; which I cannot contemplate without ſhuddering at the miſchief it produces, and feeling how totally inadequate not only my powers but thoſe of any exiſting being are to detail its black and bloody annals. It is by relieving my heart of this oppreſſive load, by attempting to ſhew men how miſerably they are miſtaken, and by zealous and inceſſant endeavours to perſuade them to benevolence, that I have ſo wounded their prejudices as to have ſubjected myſelf to the foul charge with which I here ſtand disfigured, and at iſſue for life or death. Oh could I but worthily treat the grand ſyſtem of Benevolence for which I contend, could I but call to your recollection the innumerable facts, with which you are all acquainted, that demonſtrate its power of increaſing the happineſs of man, I ſhould [16]then indeed rejoice at the opportunity now afforded me; and, wholly diſregarding perſonal danger, ſhould exult in being the organ of Truth and the benefactor of the human race. Unequal however as I feel myſelf to a ſubject ſo gigantic, I feel with ſtill ſuperior force that it is my duty to execute the taſk to the beſt of my ability. I ſhall endeavour therefore to diſcover what true benevolence is, to trace its conſequences, and to demonſtrate their reality.

Benevolence is the very oppoſite of crime: it is juſt intention carried into effect.

I am well aware how ſtrenuouſly the advocates for coercion contend that puniſhment is benevolent; and that puniſhment itſelf is juſt intention carried into effect. I truſt I have already proved the falſity of this aſſertion; which, if falſe, is rendered fatal by being ſuppoſed to be true; for, were it not ſo ſuppoſed, it could not be endured. Extending the inquiry a little farther, we are obliged to aſk what is puniſhment, but the infliction of pain? [17]And does any human being, while ſuffering pain, contemplate the benevolence of that agent who is exerciſing himſelf in inflicting pain? The ſtroke of the axe, that ſevers the head from the body, certainly brings no ſuch conviction: as little does the laſh of the whip; or the locks, bolts, and bars, that prevent the emaciated and life-weary priſoner from partaking of that air and exerciſe which would reſtore him to health, freedom, and well being.

The infliction of pain, it is ſaid, induces the patient to recollect and deeply fix in his memory the miſtakes which occaſioned puniſhment; and, that he may avoid pain, he will carefully avoid miſtake. This is a ſtrange error; for it ſuppoſes that the laſh of the whip actually does communicate knowledge. Otherwiſe, how is a man whipped enabled better to avoid miſtake, in future, than he was before he was whipped? The Law indeed includes the abſurdity of ſuppoſing that all men are fully informed of all crimes, their tendency, and extent. If it did not, its tyranny would [18]be hateful even to thoſe who at preſent moſt tenaciouſly aſſert its benignity. To prove the error of this fiction would be loſs of time. So voluminous and complex is law that no learned profeſſor in this court, in this kingdom, or that ever exiſted, can remember its contents: ſo perplexed are its precepts that they are for ever varying: and ſo ſelfcontradictory are its precedents that they have deſtroyed all certainty; and advocates the moſt able, judges the moſt upright, and juries the moſt conſcientious, when once entangled in its intricacies, are in continual danger of exoncrating the vicious, and condemning the guiltleſs. Why is this High Court now ſolemnly aſſembled? Oh miſery to be remembered! This High Court is now ſitting, robed in all its ſolemnities and all its terrors, not to try me and my fellow victims to this ſyſtem of confuſion according to any definite and already declared principle; but, to make an experiment on the perplexities which Statute Law, Precedent Law, and Conſtructive Law ſo amply afford! And on this [19]rotten thread have the lives of twelve men, for days, and weeks, and months, been pending. If this be juſtice, if this be benevolence, if this be not the moſt violent exerciſe of the fundamentally erroneous ſyſtem of coercion, I muſt then confeſs myſelf utterly ignorant of that juſtice, that benevolence, which I had propoſed to myſelf as the grand guides of human action.

Gentlemen, I have already had and ſhall again have occaſion, in the courſe of my defence, to point out abuſes that ſeem ſo incorporated in ſociety that to deſtroy them will perhaps appear to involve the deſtruction of ſociety itſelf. Of theſe radical abuſes, coercion is the chief; and law, coercion, and puniſhment, we find to be all parts of a common ſyſtem. Now, though I hope I have demonſtrated to you that where law, where coercion, where puniſhment is miſery muſt be; yet, I ſuſpect that, in thought, you have aſked, with terror mingled perhaps with contempt, ‘What! would you throw open the priſon doors, and let looſe a torrent of villains, [20]robbers, and murderers? Is that your benevolent your wiſe advice?’ I anſwer, No: and for this plain reaſon; becauſe mankind, inſtead of poſſeſſing the energy and virtue neceſſary to adopt ſuch a plan, would deem him a madman by whom it ſhould be propoſed. But I conjure mankind to examine the principle; and, if puniſhment be an evil, to keep this principle continually in view, by which they will be prevented from making new laws for the inflicting of new pains and penalties; and will be prompted to repeal the old, as expeditiouſly as the ſtate of public inſtruction will render it ſafe. Yes, Gentlemen, I requſt you will remember that this is the whole which the reform here inſiſted on requires. I requeſt you to keep in mind that, however far the principles may progreſſively lead, I inſiſt only on following them, now or at any time, to the limits which the wiſeſt men in the nation ſhall deem to be ſecure. Do not call me a viſionary, or an enthuſiaſt, becauſe I affirm that happineſs begets happineſs; that a firſt good [21]leads to a ſecond, a ſecond to a third, a third to a fourth, and ſo on everlaſtingly. Examine whether the principles for which I contend be true; and, if they be, follow truth as far as you can diſtinctly perceive it, and clearly comprehend its operations. Do not fear that ſuch a diſpoſition ſhould lead you aſtray.

To proceed: What is the juſt intention in which benevolence conſiſts; and how is it carried into effect? The juſt intention which conſtitutes benevolence is to increaſe the well-being of man; and, inſtead of inflicting, to relieve him from pain. The mode of effecting this intention is by attentively inquiring into the nature and cauſe of ſuffering; by alleviating it with every imaginable remedy; and by that aſſuaging conſolation which a kind heart and an intelligent mind alone can afford. How effectual is this lenient balm! How eager is the criminal, who by his miſtakes has involved himſelf in ſufferings, to be relieved after this method! How does he revere, how love the hand that adminiſters relief! There is not a man on earth whoſe heart is ſo depraved as not [22]to dilate with pleaſure, under the exertions and influence of enlightened benevolence. It is welcomed by the ſooliſh and the wiſe, the wicked and the good. Nature is only lovely under its auſpices, and man is never ſo conſcious of his capacity for virtue as when his heart teems with benevolence.

For my own part, here I ſtand: the dagger is drawn, the arm uplifted, and the ſtroke aimed at my heart. Is it any want of benevolence to endeavour to arreſt the blow? What matters it to me, whether the aſſaſſin be a real being, or that imaginary murderer the Law? That phantom, under whoſe form a hue and cry is raiſed to hunt me to perdition. And what kind of man is it that is dragged to the ſtake, and ſurrounded with the inflammable faggots of Suſpicion, Falſe Alarm, and atrocious Calumny? Is it one who is a friend to the force of arms? A preacher of violence? An inſtigator to civil war? No; it is a man whoſe words and actions have been uniformly and ſtrenuouſly combined to propagate peace: a man who, not with the cant of hired hypocriſy, but [23]from the deep conviction of principle, has been warning men againſt the horrors of that ſpirit of perſecution and hatred in which he ſaw all parties ſo eager to indulge. Yes, from deep rooted long meditated principle, Benevolence has been my ſyſtem. An undeviating unſhaken friend to reform, or I ſhould not now have held my life in jeopardy; but profoundly convinced that every act of force, or violence, is contrary to reform; contrary to general and individual happineſs; and big with deſtruction to its agents of all parties; the ſtumbling block of all ages, and to remove which it is the duty of all men to exert every faculty of the ſoul.

Should doubts ſtill be entertained of the truth of theſe principles, I have only to remark that I imagine it cannot be that you, Gentlemen of the Jury, ſhould not perceive at preſent how deeply I, at leaſt, am convinced of their ſolidity. I will then leave it with your own conſciences how far it is poſſible for a man holding theſe principles, inceſſantly promulgating them as I have done, and in the general tenor of my actions regulating my conduct by them, to compaſs [24]or imagine the death of the king and its conſequences: an act which I never did nor ever can imagine; which, for the reaſons already given, I hold in utter abomination; and which rather than compaſs myſelf, or connive at in others, if I had a thouſand lives I would ſuffer a thouſand deaths.

The principles I have developed, and the witneſſes whoſe examination you have heard in proof that I have long held and long acted upon theſe principles, cannot I think but be ſufficient to convince you, Gentlemen of the Jury, that not the moſt minute taint of treaſon can attach itſelf to me. But this is not ſufficient. I ſeek to be uſeful to mankind; a large portion of whom will imagine that, though not guilty of treaſon, I have been meddling in matters that do not concern me. An opinion of this kind has induced men, who cannot but be wholly unacquainted with my character and conduct, to calumniate me in various ways. The Newſpapers, commonly called miniſterial, have heaped obloquy on me and my writings; which, however great may be my miſtakes or their defects, have conſtantly had the good [25]of mankind for their object. Theſe prejudices have purſued me in public and in private; to the Theatre, to the Council-chamber, to Priſon, and to Judgment. Yes, Gentlemen, ſince I have been in priſon, various newſpapers, by various means, have endeavoured to excite or keep alive thoſe prejudices againſt me which party ſpirit alone could generate. Gentlemen, I ſhould not notice ſuch trifling, ſuch miſtaken and immoral attempts to traduce me, but that you may perceive how neceſſary it is that a man, in my ſituation, ſhould come forth, after a trial thus ſolemn, unſpotted and fully reſtored to his former utility. Yes, thus awfully called upon, it becomes me to aſſert, and conſequently to prove, that I am ſomething more than innocent; and that I am now, have been, and, if juſtice be done me, again ſhall be, actively virtuous. This inevitably requires me to detail to this court, and to the kingdom, what have been my reaſons for concurring with and aiding thoſe men who have endeavoured to obtain a reform of parliament.

[26] Why are my powers thus feeble? Can it be that the ſingle word Parliament will not excite in you all thoſe ſenſations which have ſo often rent my boſom, at the foreſight of evils which ſuch a ſyſtem, if not timely, peaceably, and conſcientiouſly purified, muſt produce? Gentlemen, by the love of your children, relations, and friends, by the love of your country, by the love of the human race, I conjure you to liſten patiently, attentively, and I again repeat conſcientiouſly, to the momentous truths I am about to ſtate. The trumpet of alarm has been ſounded againſt reformers. Hear what reformers have to ſay in their own defence.

It is a fact, Gentlemen, of public notoriety, that a ſociety called the Friends of the People; a ſociety ſo honoured in its members and ſo reſpectable for its patriotic and peaceful exertions that detraction has ſcarcely ventured to tax its purity; I ſay, it is well known that this ſociety, after a laborious ſcrutiny that will for ever be honourably recorded in the annals of [27]this country, drew up and publiſhed a State of the Repreſentation of England and Wales. On this authority they founded a petition, at once firm, decorous, and deciſive. The petitioners there ſtate, in expreſs terms, ‘that the number of repreſentatives aſſigned to the different Counties is groſsly diſproportioned to their comparative extent, population, and trade; that the elective franchiſe is partially and unequally diſtributed; that the right of voting is regulated by no uniform or rational principle; that, by the ancient laws and ſtatutes of this kingdom, frequent parliaments ought to be held; that from theſe combined defects ariſe thoſe ſcenes of confuſion, litigation, and expence, which ſo diſgrace the name of free repreſentation; that tumults, diſorders, outrages, and perjury, are the dreadful attendants on conteſted elections; that returning officers exerciſe diſcretionary powers with the moſt groſs partiality, and the moſt ſcandalous corruption; that a diſputed ſeat in parliament has been [28]known to coſt one of the parties no leſs than fifty thouſand pounds; that appeals againſt falſe returns are a freſh ſource of expence, maintained at the average ſum to each party of a hundred pounds per day; that the attornies' bill alone of one appeal, which in point of form laſted only two days and in point of fact only ſix hours, amounted to nearly twelve hundred pounds; that the ſnameful practices which diſgrace election proceedings have ſo loaded the table of the Houſe of Commons, with petitions for judgment and redreſs, that one half of the ſeven years duration of parliament was ſcarcely ſufficient to ſettle who is entitled to ſit for the other half; that the two gentlemen who ſat and voted nearly three years, as the repreſentatives of the Borough of Stockwell, had procured themſelves to be elected by the moſt ſcandalous bribery; that the two gentlemen, who ſat and voted during as long a period for the Borough of Great Grimſtead, had not even been elected.’

[29] Gentlemen, I here cite the language of the petition. But what deſerves your moſt ſerious attention is that theſe firm, theſe patriotic, theſe dignified petitioners did not come with a pompous recapitulation of popular aſſertions, which ſome deny, others aſſirm, and none had aſcertained; but they came fully provided with facts, for they add to each accuſing clauſe the at once al rming and unanſwerable ſentence— ‘And this your petitioners are ready to prove.’

Gentlemen, this memorable this truth publiſhing petition did not ſtop here; it gave a table of parliamentary patronage, containing a liſt of Seventy-one Peers and Ninety-one Commoners, with their names at length, who by nomination and influence return three hundred and two members to the Houſe of Commons!

The total number of members, for England and Wales, are five hundred and thirteen; and the decided majority, independently of the Treaſury members, independently of twenty-eight members who are [30]returned by compromiſe, independently of forty-five additional members nominated by patronage in Scotland, I ſay, theſe ſeventyone peers and ninety-one commoners, amounting together to one hundred and ſixty-two, do themſelves alone return a majority of ninety-one. Is there any man who now hears me remind him of theſe noon-day facts, and who is yet an enemy to reform? Can reaſon be ſo blinded? Can truth be ſo powerleſs? Can the love of our country and of the general good be ſo diſtant from the ſenſe and feeling of my contemporaries?

Do you ſtill doubt, Gentlemen, of the neceſſity of a parliamentary reform?

Why do I aſk what are or what are not your doubts? The Parliament is itſelf both Judge and Party. Yes, ſtrange to tell! Incredible to comprehenſion! When this petition was debated in the Houſe of Commons, of three hundred and twenty-three members preſent, only forty-one had the virtue to vote in its favour! To whom then can the men who diſcover the miſchiefs [31]that impend appeal, but to the people? to the general underſtanding? Till the tide of public opinion ſhall become irreſiſtible, what probability is there that ſuch a Houſe will reform itſelf?

The petition I have cited was preſented on the 6th of May, 1793; the Friends of the People who preſented it met on the 25th of the ſame month, and in a reſolution which they publiſhed with their petition there is the following paſſage:

It is not (ſay they) a circumſtance of little moment, to the cauſe of reform, that a petition, ſtating to the Houſe of Commons itſelf ſuch facts and ſuch arguments, with a direct offer on the part of the petitioners to eſtabliſh every one of their allegations by ſufficient evidence, ſhould be received without diſpute, and recorded for ever on the Votes and Journals of the Houſe. No objection was made to the form or term of the petition; no part of its contents was denied, or even queſtioned; the motion to bring up the petition was not oppoſed by any [32]man; the Houſe heard it diſtinctly read; they ordered it to lie on their table, and, after a debate of two days, refuſed to appoint a Committee to take it into conſideration.

Such, Gentlemen, was the language of theſe honeſt petitioners.

Did the conſcious rectitude of the Houſe ſpurn at this open attack on its purity? Did it endeavour to anſwer charges, that thus proclaimed it corrupt to the very core? Was there any man bold enough to aſſert the petitioners were traitors? Gentlemen, I repeat, the Parliament, that could receive, liſten to, and treat, ſuch a petition in ſuch a manner, is all but incapable of ſelf reformation. Yet to be aware of this is the firſt ſtep to treaſon; to endeavour to learn whether the nation be or be not deſirous that ſuch a parliament ſhould be reformed is more treaſon; to declare, after inquiring, that there is not ſufficient proof, at preſent, that ſuch a deſire does actually exiſt in the nation is triple treaſon; to reſolve that it were to be wiſhed that the nation ſhould ſo deſire [33]is treaſon fourfold; and farther to determine that, as ſoon as this deſire can by peaceable means be produced, and not ſooner, virtuous individuals will then cooperate with the nation, becauſe that then parliament cannot refuſe its attention, is the very climax of treaſon! If this be denied, why am I here? For a perception of the groſs abuſes I have noticed, and an attempt at reform by theſe actual gradations, are the ſum and ſummit of my treaſon.

Recollect, Gentlemen, the barefaced profligacy with which the traffick for Boroughs is carried on in the open face of day. This traffick is reduced to a ſyſtem; and the traffickers have long ſince received the appropriate name of Borough Mongers. You cannot be ignorant, Gentlemen, that, at a general election; theſe convenient dealers propoſe their ware wholeſale, to Government, at a leſs price than it would produce if brought into the public market? And why? By this mode they avoid the fatigue of conteſt, ſhun the danger of proſecution for bribery, and, which is an infinitely [34]more hazardous peril, prevent the introduction of thoſe reſtleſs reformers into parliament, who, were they admitted, would endanger the craft. Great is Diana of the Epheſians!

The language of our ſpotleſs repreſentatives is as inconſiſtent as their conduct is depraved. At one time, while every man out of the houſe is publicly talking of the ſale of boroughs, no man in the houſe is permitted to hint at the poſſibility of any individual member being capable of ſuch corrupt practices; or having entered thoſe ſacred walls by means ſo nefarious. At another, they are themſelves prompted, I will not inquire by what motive, to ſpeak out, and "tell the ſecrets of the priſon-houſe." Too delicate to point at individuals, they attack the whole. Thus, for example, Mr. Pitt has made three efforts in Parliament to introduce a reform. What was his language to our ſpotleſs repreſentatives themſelves, in the very laſt of theſe attempts? Theſe were his words— ‘To conquer the corruption that exiſted in the decayed boroughs he believed gentlemen [35]would acknowledge to be impoſſible. The temptation were too great for poverty to reſiſt; and the conſequence of this corruption was ſo viſible that ſome plan of reform in the boroughs had clearly become abſolutely neceſſary.’—Again.— ‘Could it not be proved that, in this country, eſtates ſo ſituated as to command an influence in a decayed or depopulated borough, and to have the power of returning two members to parliament, ſold for more money than they would have done if ſituated in any other place? However luxuriant the ſoil might be, however productive its harveſts, unleſs its harveſts could occaſionally produce a couple of members its intrinſic value was leſs.’—Theſe are Mr. Pitt's words!

Gentlemen, I know not what your feelings may be, but I own I cannot read a paſſage like this, in which corruption that ſtrikes at the very exiſtence of civilized ſociety is treated with the wantonneſs of wit, without ſhuddering through all my frame! And how does this ſenſation riſe into horror, [36]when I further recollect that this Mr. Pitt, the man who thus proclaimed the depravities of the houſe to the houſe itſelf and to the whole world, is now the man who is labouring, with the collective maſs of that corrupt power which he once ſo unſparingly expoſed, to dye his hands in the blood of thoſe who dare to imitate his example?

What was the leading propoſition in this laſt plan of Mr. Pitt for reform? It was, in his own preciſe words,— ‘to recommend to the Houſe the eſtabliſhment of a fund, for the purpoſe of purchaſing the franchiſes of ſuch boroughs as would ſell. He knew,’ he ſaid (ſatirically addreſſing himſelf to our uncontaminated parliament, as if fearful of wounding its conſcientious ſenſibility) ‘he knew there was a ſort of ſqueamiſh and maiden coyneſs about the houſe, in mentioning this ſubject. They were not very ready to talk, in that houſe, on what at the ſame time it was pretty well underſtood, out of doors, they had no great objection to; namely, to negotiate the purchaſe and the ſale of ſeats.’

[37] With what countenance can Mr. Pitt, after this, meet the men for whoſe blood he has ſo eagerly ſought? There is but one odious anſwer: he is a Prime Miniſter.

What degree of practice is neceſſary for theſe our ſelf-approving repreſentatives, in the dictatorial tone of aſſumed virtue, to declaim on the purity of their collective body; and, if any man unprotected by their ſacred walls ſhall dare to queſtion the honour of that houſe, tax its integrity, or impeach its proceedings, overwhelm him with all their vengeance?

And how does this integrity exhibit itſelf? By a public avowal of the flagitious traffick. In the advertiſements for the ſale of eſtates, with what induſtrious art is it inſinuated, ſo as not to be miſunderſtood, that there is this or that borough-intereſt put up for barter!

The Borough of Gatton, within theſe two years, was publicly advertiſed for ſale by auction. Obſerve, Gentlemen, not ſold for a ſingle parliament; but the fee ſimple of the Borough, with the power of nominating [38]the two Repreſentatives for ever. On the day of ſale, the celebrated auctioneer ſcarcely noticed the value of the eſtate. The rental, the manſion, the views, the woods and waters, were unworthy regard, compared to what he called an elegant contingency! Yes, Gentlemen, the right of nominating two members to Parliament, without the embarraſſment of voters, was an elegant contingency! "Need I tell you, Gentlemen," ſaid he, glancing round the room with ineffable ſelf-ſatisfaction, and exulting in what he called ‘the jewel, the unique, which was under his hammer; need I tell you, Gentlemen, that this elegant contingency is the only infallible ſource of fortune, titles, and honours, in this happy country? That it leads to the higheſt ſituations in the State? And that, meandering through the tempting ſinuoſities of ambition, the purchaſer will find the margin ſtrewed with roſes, and his head quickly crowned with thoſe precious garlands that flouriſh in full vigour round the fountain of honour? On this halcyon-ſea, [39]if any Gentleman who has made his fortune in either of the Indies chuſes once more to embark, he may repoſe in perfect quiet. No hurricanes to dread; no tempeſtuous paſſions to allay; no tormenting claims of inſolent electors to evade; no tinkers' wives to kiſs; no impoſſible promiſes to make; none of the toilſome and not very clean paths of canvaſſing to drudge through: but, his mind at eaſe and his conſcience clear, with this elegant contingency in his pocket, the honours of the ſtate await his plucking, and with its emoluments his purſe will overflow.’

Such was the meretricious oratory which, a few months ago, was thought a decent veil, under which Vice might exhibit her hideous form in all the laſcivious wantonneſs of ambiguity. But we advance with haſty ſtrides, and the hypocriſy of decorum is no longer thought neceſſary. The flimſy maſk is ſo worn to tatters that its very owners are aſhamed of the vile diſguiſe, and begin to ſpeak in plain [40]terms—In the Times, Saturday October 18th, was the following paragraph— ‘Counſellor Baldwin, Secretary to the Duke of Portland, is to be elected for the Borough of Malton, in the gift of Earl Fitzwilliam —’ Obſerve, Gentlemen, in the gift.

Do you want more proof? You ſhall have it: public avowed proof! given under the hand of a Peer! In the Saliſbury and Wincheſter Journal, Monday October 6th, may be found the following incredibly honeſt document.

On Tueſday laſt, the 30th September, the annual Mayor's Feaſt at Weſtbury was held, when an elegant and ſumptuous entertainment was provided; at which, in addition to the numerous and very reſpectable attendance of the Gentlemen of the Borough and neighbourhood, the Earl of Abingdon and Mr. Eſtwick, one of the members, were preſent. After dinner many loyal and conſtitutional toaſts were drank; ſuch as—The King and Conſtitution—The Queen and all the Royal Family—Succeſs to his Majeſty's arms, [41]both by ſea and land, &c, &c, and then, the health of the Earl of Abingdon being given, his Lordſhip roſe and addreſſed the company in a ſpeech, a copy of which being requeſted and obtained from his Lordſhip, is as follows.

Gentlemen,

Whilſt I riſe, to return you my beſt thanks for the honour you have done me, in drinking my health with ſo much approbation, I hope you will not think it a piece of vanity in me if I ſhould flatter myſelf that my conduct, toward the Borough of Weſtbury, has in ſome degree at leaſt rendered me not undeſerving your favour; for, gentlemen, let me tell you (what I truſt, however, you are not unacquainted with) that, although by the Conſtitution of the Country and the Laws of the land, I have an intereſt in the repreſentation of this Borough for returning the members who are to ſerve in Parliament, I have never made uſe of that intereſt in any way whatever for my own advantage; but always in ſuch manner [42]as I thought would be moſt and beſt for the ſecurity of your Rights and Liberties! and for the benefit of the public at large. Other men poſſeſſed of ſuch an intereſt might have converted it, as we know, to their own ambition as well as to their private emolument—I have done neither; but on the contrary no member has ever been ſuffered to be at one ſhilling expence for his election; having cheerfully borne that expence myſelf, in order to render them more true to their truſt. That I have been deceived in ſome of the members is true; but this is their fault, and not mine: in others I have, thank God, had the ſatisfaction of knowing that I have not been deceived; particularly in one who is now preſent. I mean my friend Mr. Eſtwick; who, having invariably made the Conſtitution of the Country the law of his Parliamentary conduct, as he has merited ſo I am perſuaded he will continue to deſerve the ſuffrage of the Borough of Weſtbury; and, having ſaid this, let me now give [43]you a toaſt, Gentlemen—Proſperity to the free! independent! and incorrupt! Borough of Weſtbury.

Gentlemen of the Jury, what ſhall we ſay? Is this England? Do we really ſee the ſun? Does its light ſhine upon us?

Let me however be well underſtood: it is not againſt the Earl of Abingdon that I would inſinuate the moſt diſtant blame. He it is true nominates, obſerve, Gentlemen, nominates, the two members for Weſtbury: but his perſuaſion evidently is that this ſyſtem of repreſentation is virtuous! and, granting this ſtrange ſuppoſition, his mode of acting and ſincerity in ſpeaking are what every honeſt heart muſt applaud. No! It is the ſyſtem itſelf, it is the ſtage of audacious corruption, it is the open infamy at which it is arrived, that aſtoniſh and confound!

No man yet has been able to calculate either the political or moral conſequences of this ſyſtem: they are beyond the powers of calculation. Of ſuch however as I have at preſent any definite perception I [44]will endeavour to give you a feeble abſtract.

And here I muſt requeſt you conſtantly to recollect, that, one hundred and ſixty-two perſons return a decided majority of ninety-one in the repreſentation of England and Wales only. Can you, Gentlemen, can the nation be acquainted with this, and remain ignorant that the real government of the country is in the poſſeſſion of one hundred and ſixty-two perſons? At preſent, theſe perſons, or an efficient number of them, are bought by what is called the executive government; but, as their power is abſolute, their price is enormous. To pay this price an enormous eſtabliſhment is inevitable: for theſe hundred and ſixty-two perſons are a ſpecies of petty Princes; who each has his retainers, his train of dependents, his agents, without whoſe influence and aid his own power would be null; and for all theſe proviſion muſt be made. Of all others the pool of corruption is the moſt prolific: agency begets agency, till the noxious brood infects every office, every [45]department, every ſtation of life. From the peer to the exciſeman, from the prime miniſter to the pariſh beadle, agents, dependents, creatures, and the creatures of creatures are every where ſwarming. The increaſe of them is inceſſant; and the machine becomes ſo complicated, ſo miſchievous in its action, and ſo hopeleſs of repair, that even thoſe who think themſelves moſt benefited by its vices glance at it with terror, and are panic-ſtruck at the picture.

Gentlemen, this is a ſtate that is impoſſible to be durable. It will ſoon be found that carrion ſufficient for the kennel cannot be procured: and the pack will then devour their keepers; if not prevented by another conſequence, which I am about to ſtate.

One hundred and ſixty-two perſons return a decided majority to the Houſe of Commons. Gentlemen, it is the want of organization, only, that prevents theſe hundred and ſixty-two perſons from openly ſeizing the power of which they poſſeſs the reality: and, ſhould the preſent ſyſtem continue, this organization muſt inevitably follow [46]and theſe perſons who have already ſeized the legiſlative, will as inevitably poſſeſs themſelves of the executive government.

Gentlement, if I underſtand the intentions of government at preſent, they are wholly bent on keeping things as they are. But they are attempting an impoſſibility. We know of nothing that is not ſubject to change; and the only alternative we have is to better or worſe. If we dare look at facts, and are not entirely blinded by our prejudices, we ſhall confeſs that the changes with which the preſent ſyſtem is pregnant have a general tendency to the worſe: and it appears to me to require no great depth of political ſagacity to foretell that, if we perſiſt in rejecting reform, or in other words a change for the better, one of theſe conſequences muſt follow. Either the hundred and ſixty-two Peers and Commoners, who now poſſeſs the reality of government, will diſcover their collective ſtrength, and organize it to the deſtruction of the preſent ſyſtem: or, ſhould thoſe contentions that [47]have hitherto divided them ſtill continue, a degree of corruption and taxation muſt reſult, that would end in deſpotiſm: or, which is inſinitely the moſt probable, and againſt which I ſincerely believe our preſent miſtaken rulers wiſh to guard, did they but know how, the people will become ſo indignant, by the evils they will feel, and which are too groſs entirely to eſcape the groſſeſt ignorance, that they will burſt into that wild riot and ſavage fury in which, by ſimilar cauſes, the people of France have ſo lately been plunged.

Gentlemen, I repeat, change there muſt be; for the better, or the worſe. Yet the word innovation is continually bewildering our underſtandings. And what is this phantom, Innovation, with which we have been haunted till our fears have entirely overwhelmed our diſcernment? Is there any man ſo blind as not to know that innovation is inevitable? Why do our Statutebooks annually ſwell with innovation? Judge Blackſtone tells us that theſe books contained, when he wrote, one hundred and ſixty ſtatutes; the penalty [48]of which was death, without benefit of clergy. Judge Blackſtone wrote in the year 1765; and in the indignation of his heart called it a dreadſul liſt; which, inſtead of diminiſhing, increaſed the number of offenders: yet the undeviating practice of the Houſe of Commons is almoſt annually to multiply the number of penal ſtatutes which inflict this horrid and moſt iniquitous puniſhment of death. Is not this innovation? What! we may be allowed to hang each other, as frequently as we pleaſe? But to attempt to correct our abuſes is treaſon! And treaſon again demands capital puniſhment! Nay, to put the matter in a ſtill more ſhocking point of view, we thus are taught that our wiſe and humane repreſentatives will paſs act after act, to take away the fortunes, liberties, and lives of their conſtituents; but not one to correct that abominable corruption for which, if men could deſerve hanging,—No, no: I will not ſiniſh my ſentence. Men cannot deſerve death. They deſerve our aid, our inſtruction, our love. And, if ſo, muſt not humanity bluſh at the ſanguinary pages, which theſe impeccable [49]legiſlators, each time they meet, conſult how they may render more ſanguinary?

Gentlemen, theſe Commons vote taxes; theſe Commons vote exciſe laws; theſe Commons vote lottery-bills; theſe Commons vote ſtatutes to hang you; and theſe Commons vote armies, to carry the whole of their votes into execution. Your ſafety, your liberty, your lives are not in your own keeping; but in the keeping of an Oligarchy of one hundred and ſixty-two peers and commoners. All that is dear to you does not depend on that juſtice which is the emanation and the pride of reaſon; but it depends on Yes and No: and to deny that Yes and No are argument, juſtice, and happineſs, is Treaſon.

The difficulty of raiſing ſupplies, in order to drag heavily forward the unwieldy ark, which cracks in every joint and threatens deſtruction to ſhameleſs vice that dances naked around it, I ſay, this difficulty is ſo great that means which are at once the moſt offenſive to the feelings of [50]the people, and the moſt pernicious to their morals, are inevitably adopted. What is more execrated, or more execrable, than a lottery-bill? which annually receives the ſolemn ſanction of King, Lords, and Commons, for tradeſmen to cheat their creditors, ſervants and apprentices to rob their maſters, children to pilfer their parents, the poor to pawn the very rags that conceal their nakedneſs, and the whole nation to gamble with the expreſs encouragement of law! Gentlemen, this is an act of ſuch incredible error, that, though we know it to be true, we are tempted to doubt if it can exiſt! What! King, Lords, and Commons join in ſolemnly enacting a law, that authorizes and ſtimulates to ſuch innumerable vices? King, Lords, and Commons do this! It is falſe! No man will believe it! No man dare aſſert it! It were a million of treaſons to imagine them guilty of miſtakes ſo palpable and ſo pernicious! Gentlemen, my heart aches, it bleeds, and has bled in ſecret ten thouſand times, at the dreadful recollection! Does it require the gift of [51]prophecy to foretell that the political conſequences of ſuch a ſyſtem of political morality muſt be ſocial deſtruction? The remedy is at hand; gentle, gradual, and peaceful reform. But they will neither take nor adminiſter the neceſſary medicine. No: to offer them the ſanative draught is Treaſon!

Gentlemen, I am here upon life and death. This is no time for me to ſoften down Truth till it aſſume the guiſe of Falſehood; and, if it be, I will not accept of life upon ſuch terms. I pity the miſtakes of men, and I have already declared it to be my creed that the worſt of crime is but error of the underſtanding: yet I own myſelf utterly aſtoniſhed, at the inconſiſtency of thoſe men who were themſelves the boldeſt inquirers, in the year 1783, into the crying abuſes that threaten the ſtate with ruin; and who, in the year 1794, could inſtitute a proſecution againſt an individual of my principles for High Treaſon! But vain is the warning voice; though one ſhould riſe from the dead, they [52]will not be perſuaded: Yet again and again I will exclaim to them, Beware of the hundred and ſixty-two! Beware of the Oligarchy! Beware of iron-handed Deſpotiſm! Beware of gore-ſtreaming Civil War! Have pity on the people, have pity on yourſelves, and REFORM! And, if this be treaſon, welcome DEATH! I am ready.

Well! I am a traitor; and I conſpire with other traitors, who meditate plans of reform.

Oh could this traitor but detail the fearful facts, could he indeed rouſe you to a ſenſe of the miſchief that our political errors engender, and which are ſo fatally familiarized to us that even while they are ſeen they are not obſerved, there is not a man that hears him who would not inſtantly exclaim, as I do, Reform! Reform! Reform! But, I feel my powers wholly unequal to the effort.

And yet, ſtrange to think! we daily ſee public ſenſibility ſo morbid, to national and to general happineſs, as to teſtify diſſatiſfaction [53]for the want of news, if ſome dreadful battle have not been fought, ſome miſerable city laid in ruins, ſome province inundated, or ſome country not ſuffering all the horrors of famine: and all theſe horrors created by the deſtructive errors of Prime Miniſters, Lords, and Commons. Oh! welcome death, indeed, when I ſhall behold this, and not dare to proclaim the vice! or when I ſhall tremble to pronounce Famine, Prime Miniſters, Lords and Commons in the ſame breath. Should they be offended, my anſwer is ready: REFORM! Hang draw and quarter me, if you pleaſe; but Reform!

An Empreſs, but lately, ſent her blooddrenched hell hounds to maſſacre thirty thouſand defenceleſs perſons, in the city of Iſmael! An Empreſs! The dreadful tale was ſtated in our daily papers as a common occurrence, and read with infinitely leſs emotion than would have been excited by a paragraph of a ſingle domeſtic murder. With this Empreſs, who had made treaties in the name of the Holy Trinity [54]with the Poles, our miniſters alſo made reaties; and in the name of the Holy Trinity. To more treaties, with more Imperial Majeſties, Kings, Potentates, and Princes who had human butchers ready trained to ſlaughter human beings, and bring them to the ſhambles of Ariſtocratical, Princely, and Imperial vengeance, the name of the Holy Trinity was again and again invoked. The treaties were made, and the dogs of war unleaſhed. Rape, fire, and ſword were inſufficient; red-hot balls too lenient: fraud, forgery, and famine, muſt ſwell the hell-born troop. Swindling fraud, and wholeſale forgery muſt combine, under the ſanction of treaties proclaimed in the name of the Holy Trinity. Famine, Oh God! Oh God! Devouring famine muſt haſten, in the name of the Holy Trinity, to the deſtruction of twenty-five millions of men! And ſhall this Iſmael Heroine, this thirty thouſand ſouled Empreſs, ſhall theſe Holy Trinity Prime Miniſters, ſhall theſe fraud, forgery, and Famine Potentates not hear of their [55]horrors? Will a nation, thus implicated in theſe infamous tranſactions, know theſe things and be ſilent? Or ſhould they, have not twenty-five millions of men one tongue among them, to publiſh the black narrative?

To whom do theſe twenty-five millions of men attribute the murders of the guillotine, the maſſacres of Lyons, the devaſtations of La Vendée, and the unheard of miſeries to which France for theſe two years has been a witneſs; and to all of which, wonderful to relate, ſhe is riſing ſuperior? To whom but to Brunſwick, Pitt, and Cobourg? Names held there in more univerſal abhorrence than ever were thoſe of Caligula and Nero.

Gentlement, I know not how to make myſelf underſtood. While ſeeking to bring to your recollection the iniquities that error begets, I feel myſelf uſing the language to which the paſſions, the miſeries, and the miſtakes of men have given birth. I may ſeem to foſter a malignity againſt individuals, of which I do moſt ſolemnly [56]proteſt I am not conſcious in my heart. May the greateſt good that can befall man ſuddenly be theirs! May they awaken to a ſenſe of the ruin they have occaſioned, and be freed from thoſe errors of the underſtanding which have been the origin of all their crimes! This is all the harm I either do or ever can wiſh to man; and may this harm, if it be harm, be mine! I plead to convince you of the neceſſity of reform, and of the deep and everlaſting impreſſion which this neceſſity has made upon my mind. Yes, gentlemen, if to endeavour at reform be treaſon, pronounce me guilty at once. Sweep ſuch a miſtaken wretch from the face of the earth, and let him vex the world no more; for while I live and while I can diſcover error, I muſt and will warn mankind to reform.

Some few of the political and moral conſequences of our parliamentary depravity I have enumerated: but who can enumerate them all? "I have bought you, and I will "ſell you," is the proverbial language of our immaculate members. Put the queſtion [57]home to your conſciences, gentlemen: what can be the morality of theſe buyers? What the morality of the bought? What ſenſe of moral dignity, what degree of honeſt determined ſincerity, what quantity of diſintereſted rectitude, can either poſſeſs? Theſe repreſentatives are inceſſantly buſied in making laws: nor is there a ſtatute that they paſs in which the happineſs of the nation is not moſt ſeriouſly involved. On this happineſs their attention ought to be unſhakenly fixed; the good of mankind their uniform and ſole motive. Aſk yourſelves, gentlemen, is this the purpoſe, can this be the motive, of men who accept their ſeats on the vile condition of voting as their patron ſhall pleaſe; who enter the houſe without having conſidered any queſtion, yet pre-determined to decide on all? Are ſuch men the moral mongers of the nation?

What are the effects produced by the inſtitutes of which men are at preſent ſo tenacious? Why, theſe inſtitutes confine the poor to continual labour; by which they [58]are wholly deprived of leiſure. Theſe inſtitutes fix them in a degree of want, that precludes them the benefit of common neceſſaries. Theſe inſtitutes impel them to ſeek relief from their miſeries in that forgetfulneſs which inebriety promotes. Theſe inſtitutes ſtimulate them to pilſer, by robbing them of the enjoyments in which their lawgivers riot. Theſe inſtitutes teach them ſelfiſhneſs, by convincing them that, if they do not hoard, they muſt ſtarve. Theſe inſtitutes inculcate and habituate them to revenge, by inflicting puniſhment and violence, as the only mode which theſe inſtitutes know of correcting miſtake.

It has often been affirmed that the poor are incorrigible. Gentlemen, there is a melancholy and heart-rending truth lurking under this, in other reſpects, abominable aſſertion. There is no law of mind which renders a poor man leſs capable of virtue than a rich: nor, indeed, are his vices half ſo numerous, or half ſo odious. No; it is not a law of mind; but if I may be allowed the figure, it is the law of no mind; the law [59]of ignorance; which is impoſed upon the poor by the labour and the wretchedneſs to which they are reduced.

Gentlemen, the miſchiefs of poverty are, not that it deprives the poor of the trappings and fooleries of the luxurious rich; but, that it robs them of their time, as well as of the means of acquiring knowledge. It is knowledge alone that can render the heart beneficent, the head comprehenſive, and the whole man wiſe and virtuous. To rob man of knowledge is to be guilty of the worſt of crimes; and of this crime I boldly accuſe our lawgivers, our non-reforming repreſentatives, our oligarchical one hundred and ſixty-two.

And well it is that I am ſpeaking here, in this open court, where I have too many hearers, and too honeſt, to admit of miſinterpretation: for, were I addreſſing myſelf in a ſmall room, to eight or ten perſons, with but half the freedom and the energy which here are virtue, it would there be treaſon. One of the ten would be a ſpy and an informer; who would alter and tranſpoſe and clip and carve my ſentences, [60]to fit the treaſonable model his employers had provided. Thus, ſhould I happen to mention that forty of the Tower guards had one day marched to the tunes of Ca ira and La Carmagnole, he would forget what was convenient for a ſpy not to remember; and, uſing my own words arranged after his own ingenious method, and with as little interpolation as can be expected from a ſpy, would ſwear that I and forty Carmagnoles were to march to the tune of Caira and guard the Tower. Yes; he would ſwear theſe were my very words: and his conſcience would exult in the literal honeſty of its cunning. Such would certainly be my danger, were I unconſciouſly in the company of theſe documented and dreſſed up gentlemen, whom no man now knows how to avoid. Nay I will not affirm that even this High Court at this moment is not contaminated by their preſence. Miſerable ſyſtem, which cannot exiſt without ſuch ſupporters! And tenfold miſerable, when it has arrived at that degree of open infamy as to induce a tribunal of juſtice to ſcreen [61]its promoters, under the pretence that ſtate ſecrets are not to be divulged.

Gentlemen, I pretend to no ſupernatural powers; I am neither prieſt nor prophet, Levite nor Reevite; yet this I dare venture to foretell, that, when we have reform, we ſhall not have ſpies. What a ſtate of exiſtence is that in which brother ſuſpects brother, ſervants are bribed to betray their maſters, and aſſociations are planned in every pariſh for the avowed purpoſe of paying ſpies and informers! I would not, it is true, be guilty of treaſon or of ſuicide to rid myſelf of ſuch wretches; but, rather than walk the ſtreets in fear of them, rather than dread they ſhould haunt me in coffee-houſes, glide before me into all public places, and even ſtart up by my own fire-ſide to appal me, I would ſuffer all that their employers and paymaſters, Prime Miniſters, Lords, Commons, Aſſociators, and Recvites, could inflict.

Gentlemen, I ſeem to myſelf to have ſtrangely debaſed the dignity of my ſubject, even though that ſubject be the corruption [62]of parliament, by thus dipping into its very dregs; but, when we recollect the poiſon that theſe dregs engender, poiſon which envenoms the whole ſtate of ſocial exiſtence, infuſes itſelf into every heart, and there broods ſuſpicion, hatred, perjury, and rancour only fit for fiends, it then may ſurely help to fix more deeply in your memory the neceſſity of peaceful reform; and a conviction that the man, who could ſee only the few miſchiefs I have detailed, was not guilty of treaſon, when he endeavoured to procure that reform without which deſtruction muſt overtake us all.

Examine the moral conſequences of your Exciſe laws. The ſecurity in which rectitude indulges is loſt, among thoſe who are ſubject to them. Suſpicion, a deſire of furtive concealment, hypocriſy, cunning, and perjury become their inmates. We ſcarcely find an inſtance in which theſe perſons do not openly proclaim their hatred of that government which has rendered them ſubject to ſo much oppreſſion.

What are the perſons who immediately ſee [63]theſe laws carried into execution? Are they not men ſtigmatized and obnoxious to community? And how does the law treat them? It allows them a poor ſtipend, and commits to them a dangerous and a tempting truſt. It ſtimulates them to break their oaths, rob their employer, forfeit their character, and in every reſpect render themſelves the contempt of ſociety. Yet theſe are comparatively petty evils: the Exciſe Laws muſt be encouraged, no matter at what expence of public morality; and all the vices which the brawls, obſcenity, and filth of gin ſhops can breed muſt not only be endured but promoted.

Theſe Exciſe Laws are ſwelled to a monſtrous bulk. In general, they are parts and parcels of other acts, in the body of which they are inſerted, and lie ſo ſcattered through the ſtatutes at large that the commiſſioners of government have found it expedient to collect them, and to add a copious index. I never ſaw the book; it is a treaſure reſerved only for the initiated: for Commiſſioners, or men high in office in [64]the Exciſe. It is printed for their uſe, at the expence of government; and every officer, entruſted with a copy, is obliged to give a bond of two hundred pounds to return the book, when demanded. It contains all the parts of a plan which the contrivers of it dread ſhould be inſpected. The trader, who is ſubject to theſe laws, may ſearch the ſtatutes at large; and diſcover how he may pay due obedience to them, if he can. The Philoſopher, a ſtill more noxious animal to a ſtateſman, may wade through the mire of theſe ſtatutes at large, and waſte a life in reading acts of parliament, that he may make thoſe extracts from each act which relate to the Exciſe, the miſchiefs of which it is his duty and his deſire to make public. But ſo it is. Government, in all caſes, ſeems to place its ſecurity in the ignorance of the governed; and there is no creature that it hates ſo much or flies with ſuch antipathy and panic terror as from an enquirer. He will detect its errors: and its errors and its exiſtence are ſuppoſed, by itſelf, to be ſo interwoven [65]as inevitably to live and die together. If it did not ſo ſuppoſe, the queſtion of the liberty of the Preſs could never have been ſtarted, men of enquiry could not have been nicknamed in order to be hunted down, and an advocate of peaceful reform could not have ſtood at this bar, arraigned for High Treaſon.

How can I quit this ſubject, this neceſſity of reform? Imagination conjures up the picture of a general election, when the whole kingdom affords a tumultuous ſcene of depravity ſuch as every friend of man ſhrinks from with anguiſh! Impelled by a torrent which he cannot reſiſt, the wiſe and good man yields, and, oh fatal neceſſity! becomes an actor in it. But ſurely, Gentlemen, it is not Cimmerian darkneſs with us! it is not total eclipſe! What! Can the wiſe and good man be a ſpectator of drunkenneſs, bribery, perjury, bludgeon men, and murder, and not know they exiſt? Who can have a full image and conception of the feelings of thoſe great, good, and noble minded men, who, from a firm ſenſe [66]of duty, and, which may ſeem more paradoxical, an unbounded love of the mad wretches whom they could not guide, have been compelled to be the principal actors in theſe loathſome and lunatic tragedies?

Gentlemen, in vain do I toil to fill up a picture the miſeries of which are endleſs. I abandon it in deſpair! I leave it to the faithfulneſs of your own memories: I reſign it to the general feelings of mankind. Its tendency is too evident for me to fear that its miſchievous properties will not daily become more and more viſible. The wiſh at preſent neareſt to my heart is that thoſe who have the power to begin reform may ſuddenly have the will; and that they will no longer inſult the public, by exerciſing the worſt arts of the worſt of times, to ſtigmatize the friends of the human race through the medium of an accuſation for high treaſon.

And here, Gentlemen, implicated as I am in theſe legal aſperities, it is my duty to call your attention, now, and the attention of mankind, hereafter, to that abominable [67]law record an indictment. In language the moſt virulent, this calumniating inſtrument deforms the ſweet aſpect of a well ſpent life, and, by its aſſertions, changes the fair face of virtue to the black and hideous viſage of a fiend. It does not inquire if a brother have done wrong; a miſtaken brother, whom it benevolently intends to benefit; but, burſting into all the rage of paſſion, it accuſes blindfold, and deſcribes him who had before been thought a man of virtue as poſſeſſed by vices that would diſgrace a demon. It practiſes acknowledged falſehoods, which its fabricators call fictions; and, plunging its object in a torrent of legal venom, then leaves the poor ſuffocated wretch to eſcape and purify himſelf as he can.

Feeling, as I did, that I had deſerved well of my country, knowing how inceſſantly I had laboured to diſcover and, though frequently erroneous, to practiſe virtue, what were my emotions while I liſtened to the monotonous gabble of ſuch an unintelligible and ſlanderous jargon! Did I ever, [68]ſaid I, imagine I ſhould live to hear abuſe ſo laviſhed on me? That I ſhould be ſummoned to hear it, too, in the preſence of grave men; who are ſo intent upon being ſolemn that they dreſs themſelves in garments ſuch as no man ever ſaw, unleſs at plays and puppet-ſhews, leſt they ſhould forget to act ſolemnity well?

This indictment ſays that theſe falſe traitors, I being one, met and aſſembled in Saint Giles's. I have had numberleſs occaſions to paſs through the precincts of Saint Giles, though never to meet traitors there; I have ſeen the blue balls with which they abound, ſure tokens of vice and wretchedneſs; have remarked the gin-ſhops with anguiſh, and have heard their blaſphemies with diſguſt. But Saint Giles himſelf, with all his ruffians, makes no ſuch ruffian attacks, nor in ſuch ſet and ruffian like phraſe, as this grave, ridiculous, and falſe, this unintelligibly accurate and definitely incomprehenſible inſtrument of juriſprudence, an indictment.

Gentlemen, I do but recapitulate facts. [69]It is not my fault that ſuch is law. I ſpeak in the preſence of lawyers: men acknowledged to be the firſt in their profeſſion. To ſome of them I am indebted for an attempt on my life; and, what is infinitely more precious, my honeſt fame, my moral exiſtence, and future utility; to others for the defence of theſe ineſtimable bleſſings. What I have this day had occaſion to ſay, concerning law, I am well aware muſt have excited their mutual amazement; and perhaps their mutual indignation. I wiſh not to offend; but I own that I, in my turn, am amazed to recollect that the facts innumerable, of all nations and of all ages, and in few ſo abundant as in this nation and in this age, I ſay, I am utterly aſtoniſhed that theſe facts can be ſo completely forgotten, by the perſons under whoſe eye and whoſe agency they are ſo inceſſantly tranſacted! What, have they neither hearing ſight nor ſenſe? Are they ſo eager in the purſuit of new errors that they have not a moment to glance at the paſt?

Far be it from me to depreciate the individual, [70]I ſpeak only of the profeſſion. As men, they frequently poſſeſs the moſt dignified virtues of man; as in this conteſt has been moſt eminently proved: as lawyers, they are what law has made them; as has in this conteſt been no leſs clearly demonſtrated.

Gentlemen, ſecure in the conſcious rectitude of good intention, let me lay bare my heart to you. Perhaps you think I have ſpoken with too little reverence of antient forms and inſtitutions; which, however they may ſhun the teſt of reaſon, may yet demand reſpect. I know this is the opinion of many: I cannot help it that it is not mine. If I am in an error, I ſincerely wiſh to be better informed; but I confeſs that, at preſent, I feel no more reverence for the trappings of antiquity than I do for a fool's cap and bells. I think them equally ridiculous and derogatory. Yet, while I would gladly prevail on every wearer of them to ſtrip himſelf of ſuch inſignia of vice and folly, I would not move a finger in the way of force to wreſt them [71]from the characters whom I think they diſgrace. No; till we can perſuade their fond owners to tear them away with their own hands, there let them remain. It is a moſt ſacred duty to proclaim the folly; but it is a duty ſtill more ſacred, if poſſible, not to perſecute the fool. Let thoſe who think that by-words, weaſel ſkins, the entrails of worms, and the white and yellow dirt of Peru can dignify the human character continue ſo to think, till inſtruction can cure them of their error: for my own part, I cannot reſpect abſurdity; but I ſhould be a vicious and a dangerous man could I attempt to offer it violence. I know that all this is no part of the creed of my accuſers. I know that, in their code, it is high treaſon. If you, Gentlemen, think it ſo, if you can diſcover any intention in me to excite inſurrection, civil war, and to depoſe the King and put him to death, let me ſuffer all the horrors which the law has decreed againſt traitors: for, till I am convinced, I will not recant one ſyllable.

Gentlemen of the Jury: thus far I have [72]been pleading as if there had been in my caſe, as there is always ſuppoſed to be, ſome ground of charge, ſome colour of ſuſpicion, ſome ſpecific accuſation and forth-coming accuſers, to induce the authors of this proſecution to bring me into the horrid predicament in which I ſtand: that of being proclaimed a traitor to my country, an enemy to mankind, and of holding my life at the hazard of the miſtakes which the acrimony and prejudice of the moment might beget, or the intricacies of law and the ſubtleties of lawyers might produce. The wickedneſs of the attempt they have made upon my life is ſo incredible that, ſince this moſt ſtrange Grand Jury ſtrangely returned the Indictment preſented againſt me a true bill, I have daily and involuntarily aſked myſelf, 'Is it poſſible? Am I dreaming? Is the 'whole world mad? Or am I alone a madman?' Gentlemen! I had a liſt of two hundred and eight witneſſes given me with my indictment, few very few of whom, in the whole courſe of my life, I had ever ſeen or heard of; and the remainder were, every [73]one of them, perſons on whom I have called, and whoſe teſtimony you have heard directly and flatly diſproving, in the moſt ſolemn manner, the crimes thus wickedly laid to my charge! Nearly two hundred unknown witneſſes, to come forward and prove upon me that I had conſpired to excite inſurrection, rebellion, and war, to depoſe the King, and to put him to death! This enormous infamy I am taxed with; and this cloud of witneſſes are aſſigned, under my proſecutors' own hand, to come upon oath and ſubſtantiate my guilt, at the moment I knew it to be impoſſible, for any man on the face of the earth, to prove ſuch crimes on me! This liſt is formally delivered to me, by the Solicitor for the Treaſury, in the preſence of his two Clerks, who are to depoſe to its ſafe delivery! But what will you ſay, ſitting here as you do the Judges of your country, when you ſhall recollect that, inſtead of having, as my proſecutors aſſerted, two hundred and eight witneſſes to prove me guilty of rebellion, war, and putting the King to death, they had no one witneſs [74]to prove my guilt; but that they had ſeveral who, in the very beginning of the Privy Council's inquiries, had uniformly depoſed to the peacefulneſs of my principles and actions. Yes, Gentlemen, the members of the Society for Conſtitutional Information, whom they, that is, Mr. Pitt, Mr. Dundas, the Lord Chancellor, Mr. Reeves, and the whole Privy Council interrogated concerning me, gave teſtimony to my being a declared enemy to all force. One of the witneſſes, ſubpoenaed on this trial againſt me, told the Grand Jury that, ſo far from being in a conſpiracy to excite inſurrection, I was a natural Quaker: which he explained by words importing that I had the peaceful morality of the Quakers, without their ſpiritual inſpirations.

Gentlemen, the ſtretch of conſcience of a Stateſman is to me unfathomable, How Mr. Pitt, how Mr. Dundas, how the Lord High Chancellor of theſe realms can reconcile theſe things to their hearts, what their feelings are, what their waking thoughts, and what their ſleeping, I cannot divine. [75]Could men of ſuch gigantic and incomprehenſible State morality liſten to the advice of one whom they have denounced a traitor, I would conjure them inſtantly to reviſe their paſt conduct; to conſider whether the conſtructive treaſons which they have endeavoured to prove upon twelve men may not, with inſinitely leſs violence, be turned to their own deſtruction; whether their conduct or mine has been moſt calculated to excite inſurrection, rebellion, and war, with the other dreadful conſequences, the horror of which forbids their recapitulation; whether it be reconcileable to their morality thus to labour the death of an individual who, were they at this moment in danger, would exert his whole faculties, ſuch as they are, to prevent, not only the ſhedding of their blood, but, all poſſible harm from happening to them; and who, had he the power to do them good, would, from principle, conceive himſelf as irrevocably bound to do good to them as to any and to every other human being. Yes, Gentlemen, when I publiſh the errors they [76]have committed, it is not to injure theſe men; but to prevent them from injuring all mankind. And for this great end, to further this everlaſting cauſe, the cauſe of truth and the good of the whole, I will again brave perſonal danger, and all the miſeries which miſtaken and injurious men can heap on my head.

Gentlemen, you have heard my accuſers, you have heard my witneſſes, you have heard my defence. Againſt my proſecutors, perſonally, who have inſtigated the accuſation that has brought me into this perilous ſtate, I deliberately declare I feel no reſentment: though certainly I can conceive few horrors equal to thoſe which they have ſought to bring upon me. My property they have waſted; the means by which I ſupported my family they have for a time cut off; my character they have attempted to blaſt. But, as all theſe injuries, and every other that man can commit, are abſolutely no more than errors of the underſtanding, to be angry at them is as irrational as it is unwiſe. I hope the fearful proceedings [77]of this whole proſecution will be a leſſon, too deeply impreſſive to be ever forgotten by them; and that they and all men will be more and more averſe to the ſhedding of blood. Should I live, and ſhould theſe proſecutors ſtill remain unconvinced of their miſtakes, I will never ceaſe to raiſe my weak voice, to warn them and the world againſt what I believe to be miſtakes ſo pernicious. But, in doing this, ſtrict truth and the good of mankind ſhall be my guides; and, if any bitterneſs of recollection ſhould ever induce me to alter or diſguiſe the truth, I can honeſtly ſay it will be from ſome undetected miſtaken feeling; and not from any principle of revenge, which I conſider as a heinous and highly miſchievous crime.

With reſpect to my witneſſes, I could eaſily have doubled the number. My firſt care was to ſelect ſuch whoſe character would not diſgrace this High Tribunal of Juſtice; and my next to cite perſons of different ages, and oppoſite parties, that you, Gentlemen of the Jury, might be convinced [78]my principles and conduct on all occaſions were the ſame. You have now only to decide. The ſentence for this crime is, ‘That the culprit ſhall be taken from the Bar, and conveyed to the place from whence he came; and from thence be drawn upon a hurdle to the place of execution, there to be hanged by the neck; but not until he is dead; he ſhall be taken down alive, his privy members ſhall be cut off, and his bowels ſhall be taken out and burnt before his face; his head ſhall be ſevered from his body, and his body ſhall then be divided into four quarters, which are to be at the King's diſpoſal; and the Lord have mercy on his ſoul!’

Gentlemen, though I hold it impoſſible for any human being to merit ſo offenſive a puniſhment, yet, as I am afraid I am ſingular in this opinion, I do not mean to appeal to your humanity, but to your juſtice; and, if I am a traitor, if I have compaſſed or imagined the death of the King, if you have any ſort of proof that can juſtify ſuch a verdict to your own conſciences, then pronounce [79]me Guilty; and let my members be cut off, my bowels burnt, my head ſevered from the trunk, and my body divided into four quarters and ſent to be at the King's diſpoſal: for it matters little to me whether it be at the King's and the hangman's, or the vultures' and the wolves'.

FINIS.
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Citation Suggestion for this Object
TextGrid Repository (2020). TEI. 5262 A narrative of facts relating to a prosecution for high treason including the address to the jury which the court refused to hear and the defence the author had prepared if he had been brough. University of Oxford Text Archive. . https://hdl.handle.net/21.T11991/0000-001A-60E7-3