"undertakes to make out that the ostensible pur66 pose is a mere veil, under which is concealed a traitorous conspiracy, requires cool and deli"berate examination, and the most attentive consideration; and that the result should be perfectly "clear and satisfactory. In the affairs of common "life, no man is justified in imputing to another

a meaning contrary to what he himself expresses, "but upon the fullest evidence." This the learned Judge lays down with the greatest propriety as a general rule of evidence, applicable to all cases, and therefore most emphatically applicable to high treason, where the Prisoner is not to be criminated by conjectures, and inferences, or strains of wit, but proveably attainted according to the language of the statute. It must be remembered, too, that this sound and salutary doctrine was not delivered by the Court as an abstract proposition, but the application of it was directly pointed to the occasion, and given to the Grand Jury, as a standard to direct their judgments in the very matter before us. The cause, therefore, is brought beyond the power of evasion or controversy, to one short point, disentangled from all ambiguity or legal distinction; since, upon the express authority of the Court which sits to try the Prisoner, independently of all other authorities, it is a mere naked question of fact which you are to examine:-there is nothing which can affect him legally, or which, it is even contended, can affect him, unless you are prepared

to say, upon your oaths, in the presence of God and your country, that you have materials in evidence before you, from whence you feel yourselves bound in conscience to pronounce, that the parties who engaged in the proposition of holding a convention, did NOT engage in it according to their professions to collect the public opinion upon the subject of national abuses, and for the consideration of constitutional redress, but for the direct, though concealed purpose, of resisting, BY FORCE, the authority of Parliament. I repeat the expression, of resisting, BY FORCE, the authority of Parliament, and assuming to themselves the control and dominion of the nation. THIS IS THE FACT TO BE MADE OUT, AND THE BURDEN OF THE PROOF IS UPON THE CROWN.-I do not stand here to disprove, but to examine what has been proved; and I confess myself, therefore, to be utterly at a loss how to pursue my discourse-for you have heard nothing upon which you would pull a feather out of a sparrow's wing. There is not only no evidence upon which reasonable men might deliberate between a verdict of Guilty or Not Guilty, but, literally, NO EVIDENCE AT ALL ;-nothing that I could address myself to, but through the medium of ridicule, which, much as it would apply to the occasion in other respects, it would be indecent to indulge in upon a great State Trial, so deeply concerning the dignity of the country, and so seriously affecting

the unfortunate persons whom I shall be called upon

to defend hereafter.

Let not, however, this condition of a prosecution, commenced under such exalted auspices, depend upon my single assertion, but let it be brought to the test of examination.·

.

The Attorney General contends, that he has made out PROVEABLY, i. e. without the possibility of a reasonable doubt, that this convention was projected for the detestable purpose charged by the Indictment; and that their avowed objects were nothing but a surface of colour and deceit. He says, that two societies were set on foot in this town for these traitorous objects: that one of them (the Constitutional Society) was instituted by Mr. Tooke, and that he organized and superintended the others that he prepared their resolutions ;that he superintended their correspondence with similar societies, which were established at Sheffield, Manchester, Birmingham, Edinburgh, Perth, and most of the populous towns in both parts of Great Britain; and that the whole body of their communications with one another manifested their design against the very being of the Government. This is the proposition-but has he proved it, or any part of it? I answer-he has not.-In the first place, did Mr. Tooke set on foot the Constitutional Society?-I answer again, he did not. It was instituted by a most worthy and honourable person, who will be called before you as a witness, if you shall

not think your time mispent in hearing evidence where nothing has been proved; it was instituted by Major Cartwright, a man as much attached to the constitution of his country, and as enlightened to understand it, as any one who hears me, whatever may be his station. This assertion is not made from the instructions of a brief; I speak from my own knowledge of the man: Major Cartwright, who began that institution, continued to be a member of it during the progress of its proceedings arraigned before you; he is a member of it now; and he will tell you, that he shall continue to be one, notwithstanding this prosecution, until its objects are accomplished.

The Constitutional Society was instituted by this Gentleman, for the object which it has uniformly professed and adhered to an object which it pursued in common with some of the greatest and wisest men which this country has for ages produced; it was instituted to produce, if possible, by the progressive influence of public opinion, a Reform IN THE COMMONS HOUSE OF PARLIAMENT; a measure certainly not originated by Major Cartwright, but forced by the corruptions of Parliament itself, and the consequent calamities of our country, upon the attention of every enlightened statesman during the present reign. The father of the present Minister uniformly and publicly imputed the calamities of Great Britain to this fatal source. The succession of destructive wars, without a national

object; the rash and improvident expenditure of public money;-the ravages upon the constitution by the influence of the Crown-were all of them ascribed by this great statesman to the loss of that control in the people over the proceedings of Parliament, which they were entitled to by the ancient principles of the constitution. The great Earl of Chatham was one of the first persons who called the attention of the public to the absolute necessity of a reform in Parliament, to redeem the nation from ruin; it was the great feature of his life, and the foundation of his fame.

As the avowed objects of the Society were thus originated and countenanced by persons of the highest station; let us see whether it was instituted for the perversion of these principles by obscure and necessitous men :-Gentlemen, the contrary is most notorious; and it may be established by referring to the names of the original members; the Duke of Richmond was one of the earliest and he pushed the principle and the practice of reformation very much farther than Mr. Tooke has ever been disposed to follow him; a fact which I promise to establish by the uniform tenour of his life. Mr. Tooke considered the disposition of the popular franchise of election as matter of expediency in government, and to be moulded by Parliament in its discretion for the attainment of constitutional freedom; the Duke, on the other hand, considered universal suffrage to be an inherent privilege of the people—