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puted to the person who writes this book, is entirely to be decided by you. So much for that part of the case which imputes sedition to the government of this country.

large upon this subject, because I am sure the learned advocate for the defendant cannot controvert this;-that being so, you will be to judge whether, upon the reading this pamphlet, which you ought, in my opinion, to read, with your minds not at all heated, either with the address of the counsel on the part of the prosecution, or with the address of the counsel on the part of the defendant, but you should read the book precisely in the way as if you had it in your own private chamber, and wished to make yourselves completely masters of the whole subject: see what the impression on your minds is then, and see whether a person. using the language which is used in this second count, does or does not mean to vilify and traduce that branch of the constitution which the defendant is charged with doing in the indictment.

You are not only to read the passages charged to be libellous, but to read the whole pamphlet; and if, upon reading the whole, you can apply this to any thing but the government of this country, and that branch of it named-to be sure it does not impute any thing to the defendant.

An observation occurred to the counsel for the defendant, which he urged with great ingenuity; he thought it his duty to state to you, that this has so general an application, that it is not to be applied to the government of this country-Now you should read a pamphlet of this sort, charged to be a libel, with exactly the same indifference as you would any other book,-then see how you are to apply that language in the way it is here stated" The Reflexions of a true Briton- | Kings are wolf shepherds," and so on-whether you would not apply that to all kings? The learned counsel has told you, that the word “all," should have been used for you to have put that construction upon it;-now that is entirely a matter of fact upon which you are to decide; but the observation really strikes me the other way; because it strikes me, that if a person uses the general term in that way, and makes no exception, that it is applicable to all persons of that description. It appears therefore to me, and you will judge of that, reading this with the whole of the pamphlet, whether you do not consider this as a direct attack upon one branch of the legislature, and that the person who wrote this (I shall come to the publisher by-and-by), did not thereby mean to say that kings, this description of people, were devourers of the people, and so on;-whether, being in that general way, it is not, in the common construction of language, to be applied to the government of this country? If you think it is, then it is, by the law of the land, indisputably a libel; and how far the prisoner may be answerable for it, it is for you to consider. I shall make one more observation to you upon this part of the case, that it is your duty certainly to read the whole pamphlet, because the innuendos, the sense that is im

It appears to me that sedition is imputed in another way, and that is upon the personal executive power, upon the king himself. This indictment charges the author of this pamphlet with charging the king of England, among others, with being a tyrant; and after stating that such a tyrant is guilty of oppression by taxation, and so on, he seems to intimate pretty broadly as his opinion, that such a person should suffer death by the guillotine. And he says afterwards, describing all this by the figure of a cock, that such a person, when his trappings were stripped off, was found to be rank with the pollution of his luxurious vices, and so on. The second count only makes a part of the same charge; it will be for you to consider, reading the book in an indifferent manner; for there is no evidence given in explanation of the book one way or other; you have nothing but the speeches of the learned counsel upon it. As to what passes in the world, you are competent and fair judges Then reading this book, called Politics for the People, and the Reflexions of a True Briton, and so on, considering the time when it was published, you will be to decide upon all the observations you have heard on both sides, whether this is fairly or not imputable, as it is charged in this indictment, to the king of this country, and whether the author who wrote it, meant to apply it to the king of this country.

With respect to innuendos, it must be a fact always for a jury to decide what is the sense and meaning of a libel; for man in the highest extravagance of compliment, beyond a doubt may write such a pamphlet as shall he a gross libel. A man may use such language, as in the plain terms of it at first may appear to be no libel; but yet, perhaps, by looking into some other expression, or taking the intention of the party in the whole of the book, it will be impossible not to see, that though he uses language that is ironical, yet that you perfectly understand, he means exactly the reverse of what he says; and if from the whole of the work you can collect, and think yourselves bound to collect, reading it fairly, that such was the intention of the party, that will be a libel.

Gentlemen, it is in matters of sedition as it is in other crimes. Few men are bold and hardy enough to use language of such sort as will subject them to very severe penalties, without some sort of cover. God forbid that I should (for it is not my province) impute that to the defendant upon the present occasion; but it is my duty to state to you, that if a pamphlet is written in that way, you have a right to take off the mask, if you think it is a mask; and it is your duty, reading it with indifference and with temper, to see what the intention is, whatever the veil may

GEORGE III. Proceedings

, whatever the cover may be, whether it is under an ape, or whether it is by allegory, or a figure; whatever colour or complexion the book may take, it is intirely for you to decide what is the fair meaning of that book, and what is the sense in which the author wrote it. Gentlemen; you see here is a figurative description of a cock, and so on; and this is imputed by the indictment to apply to the sovereign of this country, and to impute to him taxation, and other things, as oppression; and that he ought to be taken off by the guillotine.-Upon the observation made on both sides of the question, and considering that the book is entitled "Politics for the People," and "The Reflexions of a True Briton," you will be to judge whether that is fairly imputable to the sovereign of this country; if it is not, certainly it is not a libel; if it is, on the other hand, it is indisputably a libel, and you will find the defendant guilty of that count.

Gentlemen, you have heard a great many observations in this case respecting the liberty of the press. I am sure I think it my duty to state, that the liberty of the press is the greatest blessing this country can enjoy; but on the other hand, I must state to you, that the licentiousness of the press is the greatest curse. And I am sure your good sense will teach you this, that if men are permitted to say any thing, they will very soon go the length of doing any thing; and where that is the situation of affairs in any country, there is an end of all government; and therefore you must judge in a case of this sort of the sense of the libel, of the intention of the party, and your decision on this indictment one way or other will not, in my opinion, affect that question which has been stated to you of the liberty of the press.

This, you see, is not charged to be a libel upon ministers, but it is a direct charge, in one part of it, upon one branch of the government; and, in another part of it, in an oppressive exercise of the duties of that branch of the government; and therefore if it fairly applies to the king of this country, it seems to me very difficult for any jury to say, that a person who writes a book with an intention to make a direct attack upon the government, or to charge the executive government of this country with oppression, it seems very difficult to say that that comes within the liberty of the press. I conceive the law to be completely otherwise, and that the executive government of the country is protected by the law, that every individual is protected from such an attack, and the executive government of a country, the first magistrate, a character that stands so high, must necessarily be so protected; therefore it comes, and always must come to the question, whether a direct offensive attack is made upon that govern

ment.

If you shall be of opinion that this is not written in a merc speculative way, but that

it is written with the intention charged in the [1052 indictment, to render contemptible that character, and to charge that character with oppression, it seems to me that this is no question of speculation which involves the liberty question which gives the go-by to it; and of the press, but it seems to be that sort of that you must be decided intirely in your opinion upon the evidence which is before you.

cheapness of the libel; that is out of the Gentlemen, much has been said about the question; if you should be satisfied upon the whole, that it is a libel applied to the government of this country, it must be certainly an aggravation of the offence, but that cannot decide the question of libel one way or the other. But then there is another question for your consideration, and that is the intention of the party. Now you will observe the the author of the libel; but as to the quesperson before you is the publisher, and not first be disposed of; and it is my duty to state tion of the sedition in the libel, that must to you, that if you should think this applicable to the government of this country, that then the publisher of it, if it is a libel, is answerable for the consequences of that publication; and it will be very difficult, in my opinion, for you to say, when once the fact is person who sends into the world that sort of settled, that the work is libellous, that the publication to disturb the peace of the country, could do it with any very good intention.

told you, that since the act of parliament has The learned counsel for the defendant has taken place, this is to be decided in the same way as any other crime, and he has thought Now taking that as the example, how would fit to put the crime of murder as the example. it be? Suppose a man commits a murder with and settled law that his evil intent will a very offensive weapon, I take it to be clear thereby be presumed; and if the law in the case where a murder is committed with a very offensive weapon, would presume that the party using it had an intention to do the mischief, I should think, if a man sends poison into the world, that may do a great deal of mischief, that a jury would not go any great length in presuming upon the evidence, unless he could, on his part, show some evidence to get rid of the presumption, that he was influenced by that criminal intention which the law presumes, in that case, as it does in the case of libel.

up your minds upon this pamphlet, whether It will be for you, therefore, first to make it does apply to the king and the government of this country; and if it does, then the next question for you to consider is, whether the prisoner is the publisher of it; now as to that he certainly is answerable in law as the publisher, if it is sold in his shop. There has been nothing proved on the part of the pri for it; and unless he disproves the fact of soner to show that he is not at all responsible publication, it is a publication for which he is

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strengthens that opinion is, that in the subsequent part something farther is stated respecting those taxes mentioned in this very libel.

bound to answer; and as to his intention, I shall certainly leave it to you to determine upon the case stated by the counsel, if you are satisfied that this is a libellous work, and if you are satisfied that these innuendosare proper innuendos, and fairly made out, whether you can think a man publishing such a pamphlet as this charged to have, and having in your opinion a seditious tendency, does it with such an innocent intention as the law will support.

You have had another observation made with respect to the state of this man's family; now as all that is to be considered as an attack upon your passions, either on one side or the other, you have too much good sense to attend to it. You are to consider the situation of the country at large, the good government of the country on one hand, and the situation of the defendant on the other, and I have no doubt that you will do justice between them both, and that you will not be hurried away by the idea of a family, or any thing of that sort, which in a criminal case can make no consideration at all. All that the prosecutor can ask of you, and all that I can ask of you, is this, to read this book as you would read it if you wanted to make yourselves masters of it in your own private chambers, see what the impression is on your minds, and if you think these innuendos are fairly made out, as applied to this pamphlet, they certainly charge the defendant with pub

There is one more observation that has been made by the counsel for the defendant. -You have heard a good deal about the starchamber, and so on; now I think it is but fair to say that this has been brought before you by a grand jury. God forbid that you should decide the question against the prisoner because a grand jury has found the bill; but so far as concerns the attorney general, it is on the part of the public certainly the mildest method of proceeding, because it is giving the prisoner the most favourable opportunity of being tried by his equals. I cannot, therefore, conceive that this prosecution can in any way be considered to look at all like any of those pro-lishing a seditious libel. You will judge of secutions of which we have heard so much, because I think all that is done away by the manner in which the present attorney general has thought fit to prosecute this man.

There was another observation made by the counsel for the defendant, respecting the taxes and administration, and so on. I can only say, that I think that observation was a little unfortunate, because the whole of the defence seemed to me, upon this occasion, to turn upon this; and it is the strongest part of the argument which has been put by the counsel for the defendant, that these innuendos, applying these passages to the king and government of this country, are not fairly applied. Now it seems to me, in such a defence as that, rather an aukward circumstance; and it looks as if the mind, in reading this pamphlet, could not but feel that it is meant to convey sentiments unfavourable to the government of this country; and what

the whole; if you think him guilty you will find him so; if you think this is not made out to be applicable to the king and government of this country, you will then acquit him.

Mr. Gurney. I beg the jury may take out with them a copy of the indictment as well as the pamphlet.

Mr. Fielding. Your lordship will decide upon that.

Mr. Gurney. Upon the trial of this defendant at Guildhall, ford Kenyon expressly desired the jury to take with them a copy of the information.

Foreman of the Jury.-We beg we may have a copy of the indictment. Mr. Fielding.

shall.

Certainly gentlemen you

The jury retired, taking with them the pamphlet and a copy of the indictment; in about an hour they returned with a verdict of-Not-Guilty.

601. Proceedings on the Trial of an Indictment against THOMAS WALKER of Manchester, Merchant, WILLIAM PAUL, SAMUEL JACKSON, JAMES CHEETHAM, OLIVER PEARSALL, BENJAMIN BOOTH, and JOSEPH COLLIER, for a Conspiracy to overthrow the Constitution and Government, and to Aid and Assist the French (being the King's Enemies), in case they should invade this Kingdom. Tried at Lancaster, before the Hon: John Heath, Esq. one of the Justices of his Majesty's Court of Common Pleas,* April 2: 34 GEORGE III. A. D. 1794. Copy of the Indictment against Thomas Walker county of Lancaster, merchant; George M'Cullum, late of the same place, labourer;

and others.

Lancashire? THE jurors for our lord the king No. II.-Copy of Mr. WALKER'S second let

to wit upon their oath present, that Thomas Walker,† late of Manchester, in the

* Taken in short-hand by Joseph Gurney. + There was a warrant on a charge of high treason issued against, but not executed upon, this defendant: as to the proceedings upon which, the following documents were inserted in the original edition of this trial:

ter to Mr. Secretary DUNDAS.

Bate's Hotel, 22nd June, 1793. Sir;-In consequence of repeated advice from Manchester of warrants for high treason having been issued against me, I thought it right to inform you by letter on Monday last, that I resided, during my stay in town, at Bate's hotel, and that I should be at the House of Commons on that evening, and on

No. I.-Copy of Mr. WALKER's first letter to change at the usual hours almost every day Mr. Secretary DUNDAS.

Bate's Hotel, 17th June, 1793. Sir; I have been for some time absent from home, on account of business which has required my presence in London. I find by my letters of last Saturday (the contents of which are still more strongly confirmed by those of to-day), that a report has been industriously circulated in Manchester of a charge of high treason, made against me, before the magistrates of that town.

I am extremely sorry to occupy your time with the frivolous rumours that idle and ignorant, or bigotted and malevolent people, may amuse themselves with propagating at the expense of my character. But the report above mentioned is in itself so serious, and has been the topic of so much conversation at Manchester, that I think it right, in justice to myself, and to obviate any false construction which my enemies may put upon my absence from home, to inform you, sir, that my residence is as above-mentioned, and that I shall be not merely ready and willing, but desirous to meet any charge that may be made against me from whatever quarter it may proceed. I shall be upon change at the usual time almost every day this week, and I shall be this evening in the lobby of the House of Commons, or in the gallery there. -I have the honour to be, sir, your most obedient servant,

THOMAS WALKER,

(Signed) The right honble. Henry Dundas, principal secretary of state for the home department, &c. &c.

of the week. I have kept my promise.

I confess I am somewhst surprised, under all the circumstances of my situation, that I have not been favoured with an answer to that letter, but had the business rested there, I should probably have troubled you no farther.

By a letter, however, from my attorney in Manchester, sent yesterday under cover to a friend of mine, I learn officially that a warrant upon a charge of high treason has certainly been issued against me at Manchester, and I have every reason to suppose (if my information be true) that the intent of the charge in the first instance, and the subsequent delay in proceeding upon it, is not to punish me for a political offence, of which I know I am not guilty, but to injure my general character and reputation; indirectly indeed, but irrevocably.

The character and credit of a commercial man, sir, is too delicate to be trifled with. Hitherto mine has been unsullied; and I trust it will remain so by any conduct of my own. But the principle of harassing a British merchant by vague reports, industriously cir culated, of crimes he has never committed; by charges unfounded, and threats unexecuted, is so base, so detestably malignant, that I hope, for the honour of the national character, it is confined to my enemies at Manchester.

It is highly improbable that any charge of so criminal a nature can have been made against me, without its being known at the office of his majesty's secretary of state. I

John Smith, late of the same place, labourer; | stainer; Samuel Jackson, late of the same William Paul,† late of the same place, paper-place, chapman; James Cheetham,|| late of

Mr. Wharton will do me the favour to deliver this, and wait for an answer.*-In the mean time I am, sir, your obedient servant, (Signed) THOMAS WALKER. The right honble. Henry Dundas, his majesty's principal secretary of state for the home department, &c. &c.

do, therefore, earnestly intreat, that I may be and that being kept in a state of suspense on kept no longer in suspense; that I may be a subject of so serious a nature, was highly treated forthwith according to law, if there injurious to you as an Englishman and a merbe any legal accusation against me, or if there chant.-Mr. Dundas read the letter, and said be none, that I may be informed of it without that it was impossible for him to make any delay. I think I have a right, after what has other reply to it than this, that he had repassed, to require, as an act of common jus-ceived serious and criminal charges against tice, that my mind may be set at ease, and you; that he had consequently taken such that I may be enabled to attend to my commer- steps as his official duty required, to have cial concerns, without the perpetual anxiety those charges investigated, and that I might attendant upon reports and suspicions most assure you, that no official delay should arise, injurious and unfounded. and that when any determination was taken respecting them, you should be apprized of it. I said you wished for nothing more than a speedy determination on the steps to be taken, and that you did not wish to escape the justice of your country, if you had offended it; and I added that you had accompanied me to, his office, and that I was ready to deliver up the culprit, if he considered you as such, immediately; but I apprehended that upon a full investigation of the charges against you, it would appear that personal enmity to you, and jealousy of your commercial connexions, had instigated persons who had failed in their attempts to injure you commercially, to make this attempt to take away your life; Mr. Dundas said it was very possible that there might be low and personal motives for the prosecution, and that he (from every thing he had heretofore heard or known of you) had too good an opinion of your understanding, to suppose you would subject yourself to the penalties of high treason. I then thanked him for his candour and politeness, and took my leave.

No. III.-Copy of a letter from Mr. WALKER

to Mr. WHARTON.

Bate's Hotel, London, 16th July, 1793. Dear Sir; I have no doubt you will be much surprised, when I inform you, that I am still without any answer to the letter you did me the honor to take to Mr. Dundas (as secretary of state for the home department) upon the 22d ult. and several of my friends, being not less surprised than myself at the silence of Mr. Dundas, are anxious to know what passed between you and him upon the delivery of my letter. I shall, therefore, consider myself particularly obliged, if you will favour me, as nearly as you can recollect, with the substance of the conversation which took place on that occasion.-With much respect and esteem believe me, dear sir, very sincerely your's,

(Signed)

THOMAS WALKER.
John Wharton, esq. M. P. Skelton
Castle, near Guisborough, York-
shire.

No. IV. Copy of Mr. WHARTON's Answer to
Mr. WALKER.

Dr. Sir; I am much surprised to find that you have not yet heard from the secretary of state's office in reply to the letter I delivered from you to Mr. Dundas, on the 22d ult. The conversation that passed between us on that occasion, you desire that I should repeat to you; it is impossible for me to undertake to do it verbatim; but the substance was, that I presented the letter at your request, in consequence of your not having received any reply to one of a similar purport, that you had written to him on the preceding Monday;

→ While Mr. Wharton went into Mr. Dundas, Mr. Walker, and Mr. Cooper as his friend, waited near the door of the board of control, till Mr. Wharton came out.-Orig. Ed.

VOL. XXIII.

I shall be very happy to hear from you, if any thing further is done in this business, and remain, dear sir, with great regard, your's, very sincerely,

(Signed) JOHN WHARTON.
Skelton Castle, July 21st, 1793.
Thomas Walker, esq. Bate's Hotel,
Adelphi, London.

No. V.-Copy of a third Letter from Mr.
WALKER, to Mr. Secretary DUNDAS.

Bate's Hotel, 29th July, 1793. Sir; from Mr. Wharton's account of the conversation that passed between you and him, on his delivering to you my letter of the 22d ult. I was induced to expect an early intimation of the intended proceedings against me, or of their having been relinquished; I should be much surprised that no decision had yet taken place on this business, if I were not conscious that the more strictly the accusations were investigated, the more futile they would appear.

My business in London, will occupy me till Sunday next, when I shall set out for Lancashire, unless some notice from the office of his majesty's secretaries of state should detain

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