parts of the nation out of one hundred.” This elective franchise is so partially and unequally is said, in reference to the persons, who, as distributed; and in so many instances combe says, find their advantage under it. But mitted to bodies of men of such very limited why may we not speak of it as we think of it? numbers, that the majority of your honourable why not speak as freely of the body politic, as House is elected by less than fifteen thousand of the body natural ? It is my misfortune, to electors; which, even if the male adults in have a very unhealthy constitution; and the kingdom be estimated at so low a numwhen I meet with a man of the same appear- ber as three millions, is not more than the ance with myself, I suppose he has a very two hundredth part of the people to be reprebad constitution likewise. In the same sented." manner, when I find that in all the constitu- The proportion of the nation represented is tions of Europe there was once that third but the two hundredth part of the whole ! estate, which is said to be the splendour of and this is a grievance, entered as such on our legal government; and when I find that the Journals, and with the consent of the it is now lost in them all by means of fraud House of Commons. Why, then, one hunand corruption, I cannot help looking with dred and ninety-nine out of two hundred are anxiety to our present representation. We unrepresented, which is a grievance in the are told, it is the envy and admiration of the constitution. Will it he said that this is not world ; yet, in point of fact that is not true, the same language with that of Mr. Paine? Is as we know from two recent examples. it not a grievance? Is it not bad for one

But, says Mr. Attorney General, till within hundred and ninety-nine out of two hundred ? these three years the kingdom of France had all the difference consists in the larger a mild and benignant government. Gentle measure of badness complained of by the pemen, I do not know whether the learned gen- titioners; since Mr. Paine says, the constitutleman has ever travelled in that country; tion is bad for only ninety-nine out of one but of this I am sure, that if so, he is the first hundred. If so, is it criminal to have writtraveller who ever returned with such an ac- ten in this pamphlet, what is at least not discount. Are not our books filled with rela- countenanced on the Journals of the legislations of bastiles and of cruel imprisonments? ture itself? If ever you resided in the capital of this be- Think not gentlemen, that I mean to speak nignant government, what did you find but a with slight or disrespect of that petition, or motley appearance of filth and finery? and in of the gentlemen who signed it. In my mind the provinces what did you observe but luxury it does them immortal honour; and pursuing and grandeur in the midst of disease and that line of conduct, as I doubt not they will, poverty? The griping hand of corrupt courtiers it will render their names dear to our latest had fastened upon every thing profitable or posterity. valuable, while the collage of the peasant Thus far, I hope that the defendant is remained unthatched, his children ill-clothed rescued from some of the charges in this inand worse educated, to support the folly and formation. In one of the passages to which I license of the metropolis. Is it to be won- have alluded, it is said, that the constitution dered, if being so treated, the people should consisting of three separate systems, is now break forth in violence and cruelty? expensive. What then! May I not say so But give me leave to speak from my own ex- without any breach of the truth? We are a perience as to the mercantile and middle ranks great and commercial people, with great of life in France, among which I have known establishments, colonies, and foreign possesmen of as much virtue, and of as pure princi- sions. It may be good to have there an extenples, whether moral or political, as ever sive military force, with an expense adequate existed in this country or any other.

to those purposes, upon the supposition that I ask Mr. Attorney General, and I hope it is faithfully applied. But it is said by Mr. for an answer to this question, Has this Paine, and here seems to be the great crime observation on the English representation of all, “ that we have yet a constitution to never been made before I assert that it has, form; and that the means should be by a and in much stronger language, and I hold convention.” All this we are told, is highly the proof in my hand, viz. the petition pre- culpable, if not treasonable. sented to the House of Commons, accepted Gentlemen, it is not fair to prosecute any by the House of Commons, and entered on man for words of a doubtful meaning, and the Journals of the House of Commons. It nothing contributes more to injustice than a is a petition received at a time when others misrepresentation of an author's language.were rejected on the subject of a reform in Convention was not always an odious term our parliamentary representation. Permit amongst Englishmen; and, standing as it does me to read you two extracts; and first it is in this book, how do you know but the stated, “ that the petitioners complain of a author might mean exactly such a convention grievance, detrimental to their interests, and as that of 1688? contrary to the spirit of the constitution.” Had the information stated this fairly, it

A grievance, if I understand the term right, would have placed together upon the record, is something bad, if not uncommonly bad all that was advanced by the book on the suband what is the grievance? Why," that the ject; we should then have found that the

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writer, so far from wishing disorder and con- so argued in a future stage of this proceeding, if fusion, has stated the manner as well as the necessary. But it is a question for you consi reasons for carrying it into execution. “I dering the whole matter put in issue, whether wish,” says the author, “ that Mr. Grey, that word “ false” ought or ought not to have since he has embarked in the business, would been left out. Is it true, that these addresses take the whole of it into consideration. He come only from rotten boroughs, and absurd would see that the only motion he could con- corporations? Is the rest of the matter of sistently make, would be, that parliament this book true ? It must be either true or should recommend a convention.” What is false ; and it is not charged to be false. Why this, but providing the most peaceable mode then, I ask, is it fitting, upon such a charge, for such a measure? Let it originate with that Mr. Eaton shall be brought here, and parliament; it is possible they may be will- | attacked by this formidable phalans, by such ing to abdicate such part of their power, a regiment of advocates as we do not often which may be good for the people to possess; see, the defendant having but two inexpethey may think it fitting to cut away the dif- rienced men to oppose the most veteran ferent corruptions which the hand of time and devoted troops in his majesty's service. has introduced. If you could bring the It remains for me only to observe, as to wishes of the people to one point, they would the intention of the publisher, which, if inno know their own political interest too well to cent, I care not what you think of the pamphdo themselves a mischief, and you would let. Upon this ground I set my foot. The know whether they meant to have any, and conversations held at the lord mayor's, and what reform. The convention of France, of the publication by the defendant, were both whose acts we have been told so often, is no prior to any conviction of this book. The where mentioned in the course of the book; prosecutors have attempted to prove the inwhich, indeed, was published before any of tention; but I say, they have failed in this us heard there was such a thing in contem- part of their case. I shall leave the whole plation. It is easy to paint the massacres upon this one question : Do You OR NOT BEwhich have taken place in that country; and LIEVE, THAT

TUE DEFENDANT TOOK you will hear of them more than once, in the THIS BOOK FROM HIS course of Mr. Attorney General's reply; but HAND, AND RECEIVED SIXPENCE FOR IT WITI after all, they are subjects of sorrow, and not the other, that HE MALICIOUSLY AND MISof exultation ; for though the people of that CHIEVOUSLY country are now our enemies, they are still THOSE

CRIMINAL MOTIVES, THOSE CRIMINAL our fellow creatures. If we are to reason OBJECTS, AND from the example of conventions, cast your LEGED Against him, AND ALL OF WHICE eyes on the other side of the Atlantic; com- | YOU ARE BOUND TO FIND BY YOUR VERDICT? pare the effects among those who resemble us Gentlemen of the jury, I have now to sur. in laws, in manner, in language, in religion. render the defendant into your hands. Take Behold the laws administered at a small ex- him ; do what you please with him; but re. pense; the commerce and population of the collect, that the situation he stands in to-day American continent increasing, and extend may become that of yourselves to-morrow. ing beyond what could have been foreseen or For you also may be accused, and be as little believed; and then determine whether the guilty of the charge as Mr. Eaton, while the argument is for or against conventions in only difference between you, may be that of matters of reform. As to what is said of our your several properties; for he, unhappily, is having no constitution, take the word con- not worth fifty pounds in all the world. Nay, stitution in the sense here defined, and were it in private, I should not fear to ask you, that completely justifies it. Every writer whether by reading aloud, or by lending, or is to be understood according to his own in some other way, exposing this book you definitions; and the only answer I shall have not made yourselves liable to prosecugive, is the passage of page 17. “ A consti- tion. All this might happen to you without tution is a thing antecedent to government; any seditious or malicious motives. And it is the act of the people, creating a govern- can you lay your hands upon your hearts, ment, and giving it powers, and defining the and say, that the defendant published with limits and exercise of the powers so given." those motives? Look well to the charge,

I have but two remarks to add ;—the first and see whether it is proved to your satisfacof this instrument, and this charge called an tion, by the evidence produced, or hy that of information. In form, it has an omission, which common sense.—Suffer no vile prepossessions is somewhat new, I believe, intirely. There to bias you, nor let any eloquent parts of is omitted one of the principle qualities of the reply distract your judgments. Rethe charge of libel, I mean the word “ false." member that you are to sacrifice no victims Consider what a difference that must make to clamour, or to vulgar reputation: but that in the extent of any charge. For will it be the eyes of your country are upon you in the said, that there is no difference between a verdict you are presently to deliver. Reflect direct political truth, and a direct political upon it calmly, consider it coolly, as a duty falsehood? I have not made th an objection that you owe to yourselves and to your posin point of law to the court, because it may be terity, to your consciences and to your God,

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And if a prejudice should have been in that situation which I unworthily fill, if I destilled into you, that whenever liberty is parted from those sacred principles which mentioned property is in danger, do not be actuate my conduct in this place, as the sercarried away by it, but see whether property vant of the crown, prosecuting a subject of does not increase in the same proportion with the crown, well knowing that I am bound by liberty. Look around, and see whether the duty of my office to do justice to that sub there ever a great and commercial ject equally as much as to the crown itself. country where there was nothing but slavery; Gentlemen, if I betray my duty to that subthe grass grows in the streets of Antwerp, jcct, I betray my duty to the crown. It is which was once the common mart for all the the duty of all to acquiesce in your verdict ; nations in Europe: but from the moment and God forbid that I should, standing here that liberty was crushed in that city, com- in the exercise of my duty, betray any wishes merce took her flight, and its mercantile for any other verdict than that which will be prosperity was

To insure the dictated by the strictest justice. principles of public liberty, is to insure the Gentlemen, I am bound to do more than existence of property in this country. You this; to assure you, and through you to aswill therefore coolly, but solemnly, consider sure the public, that I did not bring this on your verdict as you value its consequen- charge before the public till I had duly conces to yourselves and to the public; as you sidered it, and the consequences : I must say are true and honest men; as you are freemenit, not in vanity, but in gratitude, and as a and merchants of the city of London, spe- duty owing to the individual himself, whom I cially chosen, and sworn for that duty. here represent, that no way can so certainly

But, gentlemen, I beg pardon for taking up insure his approbation as the fair and just so much of your time. You are now going exercise of my best talents. to hear, from one of the first men in the Gentlemen, I wish you carefully to consider country, all that his duty requires him to the case as proved to you, and to determine, urge in reply. You will observe it accurately: without prejudice. Far be it from me to urge and as far as it affects the defendant, as to you to deliver a verdict against the defendant, his acquittal, or his conviction, I sit down, if the case is not proved to you; if the case be in the fullest persuasion, that your verdict not a case of guilt, I doubt not but he will will terminate in the former; and that you meet with an acquittal; if it be a case of will send him home with a joyful heart to guilt, it is my duty to ask a jury of the councomfort his family.

try for their verdict. When this gentleman, sitting by me, informs you, that by your ver

dict the defendant may be subjected to fine REPLY.

and to imprisonment; and that he has a wife Mr. Attorney General. Gentlemen of the and several children dependant on his labours; Jury;-If I did not think the present case of God forbid that I should have a temper so the greatest importance, I would not trouble discordant with the lenity of those laws under you even with these few words in answer to a which I live, but to wish that you, acting speech which you have heard delivered with under that consideration, will yourselves be unquestionable abilities and talents, but satisfied as to your verdict, as humane men, where much has been said entirely foreign to and as conscientious men, but above all, as the question before you, if those few words jury men, under the oath you have taken. did not appear to me to be exceedingly ma- No man more warmly wishes than I do that terial.

you should consider the consequences of your Gentlemen, whether it has arisen from verdict carefully and deliberately, and form custom, or from what cause it may have arisen, your decision with impartiality: I cannot say, but it has so happened that Gentlemen, I will now only trouble you every question of this kind is generally made with a single word with respect to those asso. rather the trial of the officers of the crown, ciations in the country, to which my learned instead of the defendant, by the imputation friend alluded. Gentlemen, I do not stand of unworthy motives to that officer of the here to-day, to discuss before you, whether crown in instituting this species of trial. they were right, or whether those are in the

Gentlemen, my learned friend has done me right who have chosen to call them an imthe honour to suppose that I have done that perium in imperio. My learned friend has for which no man in England entertains a said that, in which I perfectly agree with him, more sovereign contempt than myself, which which is, that this business was commenced is, the making an eloquent speech on an by the late attorney-general,--a gentleman, occasion like tlie present, since it has always who, in the discreet discharge of his duty, appeared to me that the duty of a counsel never can be exceeded by any successor. for the prosecution consists in stating facts Of that gentleman I will say, that had he fairly to the jury, and reasoning with candour been called upon to protect Mr. Paine, if Mr. on those facts. I should betray that impor- Paine could have satisfied him that it was a tant and sacred trust which has been reposed case which admitted of a defence, no man in me, and should no longer desire to be living would have given him a more willing continued in the discharge of the chuties of ear; gentlemen, you all huow that the

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persons conducting these prosecutions are one has a right to that property, which labour bound to carry them on in discharge of the and industry have procured him. We can duties of their office, and that for the public here enjoy, and leave to our children that progood; and men are placed in these situations perty, which, under the blessing of Proviwith a view to make themselves useful to the dence, we have been able to obtain. That country. But you have had in proof that, has been declared, over and over again, to which I believe when it once comes to be be the indisputable and indubitable right of fully considered, will not allow of any extenua- , the subjects of this country. tion; for what did Mr. Paine do? He came My learned friend speaks of the oppressions into this country, for the express purpose of of the old government of France. I say, that publishing such a work as never was pub- compared with the present existing governlished here before. A jury was asked, whe- ment of France (if it may be called a goverther that book was a fair, reasonable, honest ment) it was mild; but when you talk of discussion, stating the facts as they are, and bastiles, will my learned friend count with me reasoning upon it honestly: This jury gave bastile for bastile; if he will, he will soon be their determination in this place, that that counted out of court. Gentlemen, no man publication was a libel; he directly goes and can dispute it, that more of real liberty, and publishes this book, which is now before you, of solid public happiness, has in fact been enand in it he libels the attorney-general, and joyed, for a longer period of time, in this than disclaims all reference to a jury. Is the de- in any other country under heaven.-Now, if fendant then, who publishes such a book, and you look back to the fifteenth page of this under such circumstances, a person, who can book, you will perceive that this author has have any very great claims to indulgence? wickedly and blasphemously employed, from

Gentlemen, this is not all; for my learned the Holy Scriptures, that passage which ffend introduces to me a principle, which I contains, I believe, the expostulation of the confess, as far as relates to niy observation, is Almighty with the Jews, when they wanted a perfectly new; he states it thus, that a book king. I believe, with this author, that if a is not to be considered as libellous, when it thing is good, it will not suffer by investigacomes out of the hands of the publisher, tion and discussion; stating it properly, meanuntil it has been proved so by a jury. Here ing to do all the mischief which the work is is such a receipt for disobedience to the law calculated to do ; but my learned friend says, of the land, that for my own part, I do not, on that an act is never criminal till it is proved this principle, see what could operate to the so. Therefore the question before you is, is conviction of the author or publisher of any the work criminal ? 'Is this publication crimipublication whatsoever. Much has been said sal or not? about the petition of the society of the Friends Gentlemen, I am not ashamed to state, in of the People, in the endeavour to palliate the face of this court, and in the face of the the expressions employed in this pamphlet. country at large, that there is not a question But, gentlemen, having the honour to be a relating to the boroughs of this country, that member of the House of Commons, I will can come with propriety into the question mention to you the difference between that which now waits your determination. And petition presented to that House, and this pub. as to those, who talk of restoring to the conlication. In that petition, certain grievances stitution that purity which never existed, it were stated indeed, but that in the most re- should be considered, that this is a subject spectful manner. I pray God, that there upon which a man may reason speciously; never may come a time when the subjects of but upon which he may speculate rather inthis country may not state to the legislature accurately. When that petition was preof the country what they conceive to be sented to the House of Commons, the posigrievances, whether they really are grievances tions it contained deserved a great deal of ator not; but this is a publication that does tention; and I hope they received that attennot state them in a respectful manner, but is tion from me, and that I acted conscientiously a direct attack on the magistracy and legisla- in the discharge of my duty; ture of the country; and really this book was Gentlemen, I said that this publication is such, that my learned friend was put to a not treason, but it certainly approaches as stretch on the occasion : he was obliged to near to treason as could be, although I believe have recourse to the convention of 1688, to, the author thought that it was treason. I am excuse the proposal of a convention made by asked, why the defendant is not indicted for this author; but where is the similarity? I treason. I answer, for this plain reason, his confess I can discover none. This author, in i offence does not quite amount to treason. fact, states that if the people possess not

Gentlemen, I have a right to assert, that those things, they are not to look to the legis- the first men in the country, as well as well. lature for the remedy. And now I am to re- i informed foreigners, have all looked to the peat what my learned friend said; and he is government of this country as the best concounsel for the publisher of a book which stitution that ever was established. Why, vilifies the whole of the revolution; I tell gentlemen, look to the passage which has you, that every one has a right to personal been read to you: “ It is a good constitution liberty and personal security, and that every for courtiers, placemen, pensioners, borough