nature.

(The Lord Chief Juftice here gave a brief abftract of the Conftitutional and Correfponding Societies, with the purposes for which they were instituted; observing, that these societies were connected with a third in Scotland; in other words, with the Scotch Convention.] The Conftitutional Society, he faid, did not appear to be inflituted upon any fixed plan, or for any determinate purpose. The Corresponding Society was inftituted for the exprefs purpose of procuring a reform in Parliament, upon the plan of the Duke of Richmond, which was upon the principle of universal fuffrage and annual parliaments. On the part of the profecution, they fay, that the Correfponding Society was originally inftituted by Mr Horne Tooke, and they go a little way in making this out against the prifoner at the bar; but it does not appear that they go far enough to fupport their pofition. They fay, and undertake to prove, that he was the fole director of all the proceedings of the fociety; this, indeed, is not improbable; but it does not appear to me fubftantially proved in the prefent cafe. He then remarked on the eagernefs which was manifefted by this fociety, to propagate their principles among that part of the community which was leaft able to difcover the dangerous principles of thofe by whom they were excited. His Lordship then commented upon the address to the Jacobines, which appeared to have been tranfmitted through Mr Horne Tooke, and in which he faid there were many exceptionable paffages. The two Societies, faid his Lordship, refolved to addrefs the National Convention feparately. Whether fuch an addrefs, although in time of peace, was proper, he was not prepared to fay; but the addreffes prefented by the Societies, under the prefent circumftances, appeared to him of a very doubtful complexion He then remarked, that if thofe Societies had meant no more than to effect a Parliamentary Reform, they would not probably have used those terms of unqualified approbation of the French republic. This, Gentlemen, faid his Lordfhip, however it may wear the afpect of probability, it is for you to determine upon the whole of the evidence, whether thefe Socicties had other intentions than thofe which they profeffed. Having ftated the connection between the Conftitutional and Correfponding Societies, and

Scotch Convention, his Lordship comme ed upon the nature of that Convesse, the folemnities it affumed, and its imitation of the republican focittir. France. Whether thefe proceedings ng be mere mummery or vanity, or whether they were of a more formidable an was not for him to determine. It had been attempted to treat their meetings with an air of ridicule, on obferving that their finances, to carry the fe projects into execution, amounted only to L4:68 including two bad fhillings. It was, how ever, to be confidered what confequences might have been produced if they had not fortunately and judiciously been difpered by the magiftracy. He should obferve to the Jury, however, that they were con pletely organized, and had refolved that they would not petition further for a Parliamentary Reform, and they proceed ed to form a Conftitution founded upo the natural and unalienable Rights Man. However probable the intention of that Convention, which, fortunad, by the vigilance of Government, has been difperfed, and however difaftrous the onfequences it might have produced, fid his Lordship, is not the point for your immediate confideration; probability a lone is infufficient; you are bound to quit, if you entertain the least doubt of this cafe. Every thing beyond the fecution is evidence for the prifoner. The prifoner went into a very extensive cru examination, and I think he was very right; perhaps I fhall beft execute t part of my duty towards him by com preffing it. All the witneffes he has call ed have proved, that, as far as they have had an opportunity of knowing him, be is quite the reverfe of what he is fufper ted-that he is attached to the Conftits tion, as existing in King, Lords, and Commons, and to preferve a true balance between the feveral branches of the Co ftitution; that he is for maintaining the prerogative of the King, the hereditary rights of the Ariftocracy, and the priv leges of the Houfe of Commons, which he wishes to be a pure and perfect repre fentation of the people. He is proved to be a fcholar, a ftudious man devoted to books, keeping company with books ra ther than with men. Sure a man like Mr Horne Tooke would be the laft man in England to engage in a confpiracy. I you form your judgement from his domef tic conduct, rather than from the part he has acted with others, in such case you

will fay that that this confpiracy is not made out against him: You will do that which the juftice of the country calls you to do.

The Lord Chief Juftice concluded his charge with obferving to the Jury, that they fhould not go out of that Court without fuch a difcharge of the obligation of their oath as would fatisfy them; and in fatisfying themselves they would fatisfy their Maker.

The Jury retired for about ten minutes, and returned with a verdict of Not Guilty. The verdict was received with a fhout

of fatisfaction accompanied with a loud and continued clamour.

Mr Tooke feemed much agitated, and made fome efforts to speak, but the low tone of his voice, and the great interruption, prevented his fpeech from being heard.

In his first transport of gratitude, he addreffed the Jury:-Gentlemen, I thank you, you have faved my life and honour. Then turning to the Court, he thanked them for the indulgence he had received during his trial; and then his friends, Mr Erfkine and Mr Gibbs.

THE indictment charged him with fimilar overt acts, for compaffing the King's death, as have been already fet forth in the trials of Mr Hardy, and Mr Tooke, which we therefore think unnecefiary to repeat. On the part of the Crown, the caufe was opened in an able and mafterly manner by Serjeant Adair, who contendd, that although perfons indicted for the fame crime had been acquitted by a jury of their countrymen, yet that there were, in the cafe of the gentleman now at the bar, fome circumftances of a particular nature, which attached guilt unto him, and which he doubted not to be able to bring home to the prifoner. The witneffes for the profecution were then examined, feveral of whom deponed to violent and intemperate expreffions used by Mr Thelwall in lectures which he had given in public, and to measures protãoted by the prifoner, tending to overturn the exifting government, and to introduce anarchy and defolation into the kingdom.

When the evidence was clofed, on the part of the profecution, Mr Erfkine rofe to reply. His defence of the prifoner he conducted in a manner equally able, as it was ingenious. He dwelt particularly on the infamous character of the principal witneffes against the prifoner; men immoral and diffolute in private life, and who, on this occafion, had acted the degrading and infamous part of pies and informers; and who, by the magnitude of their reports, whether true or falfe, wifhed to gain credit with their employers. Expreffions unguarded, and even improper, he admitted, might have eleaped from the prifoner at the bar; but let me afk, faid the learned counfel, who would be fafe if every loofe word, if every vague expreffion, uttered in the moment of inadvertence or irritation, were VOL. LVI.

to be admitted as fufficient evidence of a criminal purpofe of the most atrocious nature? With refpect to thefe, in the words of a beautiful moral writer, 'The Accufing Angel, which flies up to Hea ven's Chancery, bluíhes as he gives them in; and the Recording Angel, as he writes them down, drops a tear upon the words, and blots them out for ever.' Who is there, that, in the moment of levity or of paffion, has not adopted the language of profanenefs, and abused the name, even of that God whom he adores? Who has not, in an unguarded hour, from a strong fenfe of abuse, or a quick refentment of public mifconduct, inveighed even against the Government to which he is moft firmly attached? If there is fuch a man prefent fo uniformly correct in expreffion, fo unguarded from miftake, fo fuperior to pafion, let him ftand forth, let him claim all the praife due to a character so fuperior to the common state of humanity. For myfelf, I will only fay, I am not the

man.

After Mr Erfkine had concluded, Mr Herne Tooke, and other witnesses, were cxamined on the part of the prisoner, who all declared, that they believed he had no intention to disturb or overturn the prefent Government: That his only object was Parliamentary Reform, and that they knew him in private life to be of an amiable character, a peaceable, harmlefs, inoffenfive man.

On the evidence for the prifoner, Mr Gibbs his Counfel, animadverted at confiderable length, when Mr Serjeant Adair rofe and replied, with many pertinent obfervations on the whole of the evidence laid before the Court.

The Lord Chief Juftice then proceeded to fum up the evidence and to charge the Jury. This his Lordship performed, not merely with his ufual ability, but, with

a degree of humanity and of candour, honourable to his name and to his country, whofe laws he is called to interpret and to adminifter.

The Jury retired for about two hours, and returned with a verdict Not Guilty? Mr Thelwall feemed confideribly af fected, he rofe to thank the Court and the Jury. He folemnly protested, he never meant to overturn the government of a country in whofe foil justice was inherent, and imprecated on himfelf, the execration of pofterity, if his future conduct did not

justify his affertion; as he was pretty he was reminded of the irrega's addrefs by Lord Chief Baron Mada having again thanked the Court, he wa difcharged.

At the different diets of Court, the prifoners, who had been fredri dictments, were difcharged, so evide having been brought forward on the part of the Crown, viz. Me Te Buste, be ney, Richter, Joyce, and ethis

FRANCE.

NATIONAL CONVENTION.

Oct. 6. The committee of public fafety announced, that the armies of the Sambre and the Meufe had gained a complete victory over the Auftrians, and more decifive even than that of Fleurus. On the 2d October, the enemy were attacked and completely beaten at five o'clock in the morning, all the columns were put in motion, and, in lefs than two hours, the enemy's camp was forced, the redoubts carried, and the flaves purfued even to the glacis of the place. The fire from the ramparts faved them from utter ruin. Several fhells thrown into Juliers, made them hoist a white flag, and furrender at difcretion. We have found ar arfenal well furnished; 50,000 lb. of powder, and 60 pieces of cannon. The enemy, in this flight, loft from 4000 to 5000, men, and from 700 to 800 prifoners.

7. A deputation from Commune Affranchie (Lyons) prayed for the re-eftablishment of its commerce, manufactures, and trades. Immediately after which, Meller propofed, from the committee of general fafety, a decree that La Commune Affranchie fioula refame its ancient name of Lyons; that it fhould be declared to be no longer in a flate of rebellion and of fiege; that the confifcations ordered by the decree of the 25th Pluviofe, fhould be no longer in force, except as far as it relates to warlike ftores, and articles of military equipment already fabric. ted; but that all forts of me andize fhall be delivered up to their original owners, without requiring certificates of civifn.

10. Thuriot, in the name of the committec of public fafety-The army of the Sambre and the Meufe, after vanquishing

the enemy on the banks of the Roer, f lowed up its fuccefs. It is divided re three columns, the first advances on từ Nevre, the fecond on Dufieldorf, and t third on Cologne. The bombarded Duffeldorf is in full activity. That cir was on fire when the reprefentative Gilst fent off his dispatches. The French any is in poffeffion of Cologne, where we have found a numerous artillery, immenft me gazines, and the beft furnished arfenal in Europe.

Richard, in the name of the commite of public fafety-The following dipatu we have juft received by the Telegraphe Bois-le-Duc is in the power of the Fract republic. The garrifon made priona, are to be exchanged for republicans, for man, and rank for rank, except 40 emigrants, who will be delivered up to the punishment pronounced by the law.

On a report, by Gregoire, from the committees of public inftruction, agric ture, and arts, the Convention decree the establishment, at Paris, of a conferva tory of the arts, in which are to be depo fited models of tools, machines, and t very article connected with useful dikə

veries.

The Convention, from the roth to th October, was chiefly taken up with ac cufations and fquabbles unworthy of notice. On the

25. Baraillon ftated 'If our colleagues had not gone to Breft, we know not what would have become of fome fuperb pie tures by Pouflin, Titian, Raphael, &c. found on board fome of the prizes brought into our ports. This ought to remind us of what had happened in the 16th centu ry. Cortez fent to the tyrants of Ame gon and Caftile the most beautiful fpeci

(Signed)

BEAUDOR and GARREAU. Nov. 7. Breard informed the Convention that the divifion of the French fleet which the British fleet had for fo many months blockaded in the Gulph of Juhan, had returned to Toulon without meeting any fhip either British or Spanish.

8. Richard informed the Convention, that the important fortrefs of Maeftricht had furrendered on the 14th Brumaire, to the army of the Sambre and the Meufe. (Loud Plaudits.)

He afterwards acquainted the Convention that Rheinfels, with the town of St Goar, the only place except Mentz, which the Empire poffeffed on the left bank of the Rhine, had furrendered to the French arms. The committee of public fafety,' he exclaimed, are at this moment employed in an important operation, and fo fecretly do they wish to conduct it, that they are obliged to avoid every thing that is likely to lead to a conjecture of the object which they wish to attain. They therefore request that the Convention will authorife them to appoint two deputies with proper power. This mark ef einfidence, they hope, will not be refufel.' Th. Convention immediately deerted, that the committee fhould be allowed to appoint two deputies.

14. It was decreed, that the report and decree for the fuppreffion of the Jacobins, fhould be fent to the armies.

A member propofed, that the Convention should immediately employ itfelf in

a fyftem of legislation proper for a reg blican government, and analago te fyftem of democracy agreed to by t people of France.

Barrere adopted this idea with greate thufiafm, and stated, that it wa tention to make fome obfervatiota. republican conftitution. • The loss my country,' he exclaimed, ‘of whet, for five years, I have given proofs bat fpired me with this defire, and the c cumflances of the times make it an i penfible duty. Since the 9th Them (July 27), every thing has altered ab us, except victory.' Barrere proced to fpeak of the paffions by which att were made to divide the reprefentave of the people. He declared, that the alifts had prepared the element: da war, and that, from the commenceme of the revolution, they had a fecret mittee, which diftributed the parts. He afferted, that, on the preceding dec perfons had refufed to cry Vive la Roy blique! that, in certain groups and f ties, perfons began to talk of peace, royalty, and of the advantages of the a flitution of 1789; in other focieties, that the American conftitution was preferibe to a republic, one and indivifible. 'lat: the midft of thefe ofcillations, they pa ject plots against the national reprofert tion. The means of executing it act. English, difguised under the name of s glo-Americans, the envoys of the Chos ans, the fanguinary project of grillo the moft vigorces members of the C vention, and of aflafinating otters groups. Such is the deteilable be which the ariftocrats have infused intoti. minds of the tyrants. I therefore no that we employ ourfelves in organi the laws of the republican conftitution."

Tallien and Pellet opposed this prope fition with much vehemence.

Barrere's motion occafioned a long and tempeftuous debate, in which the mes ty of the Convention expreffed an is nation for a partial peace, and a diamined refolution not to make peace with the British Government.

17. The reprefentatives of the peck at Bruft informed the Convention, DE the failors of the Breft fleet made a to the republic of the produce of the Alexander, the first British fhip of 74 which had entered the port of Brot more than a century. The reprdatz tives alfo informed the Convertion, the the fag of the Alexander would imme diately be fent to the Convention; and