structed and equipped his vessels at an
enormous expense. Without an accu-
mulation of capital, and the gradual
formation of a nursery of seamen, it is
in vain to contend with an established
naval power.
The destruction of the
capital and commerce of France during
the fury of the Revolution, while it
augmented, by the misery it produced,
the military, destroyed, by the penury
it occasioned, the maritime resources
of the Republic. Before the British
fleets had issued from their harbours,
the flag of France had almost disap-
peared from the seas; commercial
wealth, private enterprise, were ex-
tinguished; and the sanguinary go-
vernment found that victories were not
to be acquired at sea, like conquest by
land, by merely forcing column after
column of conscripts on board their
vessels.

|

danger of the illegal and revolutionary societies which had been formed in every part of the kingdom, in close alliance with the French Convention, left no room for doubt that vigorous measures were necessary to arrest the contagion. For this purpose, the suspension of the Habeas Corpus Act was proposed in Parliament by government, and excited the most angry discussions both in the legislature and the nation. Mr Fox objected in the strongest manner to the proposed measure, as destructive to the best principles of British liberty. "Was the government about," he exclaimed, "in their rage at the hatred excited by their tyranny, to erect tribunals to punish the indignant public? Was terror, as in France, to be made the order of the day, and not a voice to be allowed to be lifted against government? Was it resolved 3. The consequence was, that from to demolish the British constitution, the very first the naval superiority of one part after another, under pretence Great Britain became apparent. France, of preventing its destruction by French at the commencement of the war, had principles? The object of the societies, eighty-two ships of the line, and se- which they did not scruple to avow, venty-seven frigates; but the officers, was to obtain universal suffrage. The chiefly drawn from the aristocratic word Convention was now held up as classes, had in great part emigrated at an object of alarm, as if from it some the commencement of the Revolution; calamity impended over the country; and those of an inferior order who sup- and yet, what was a convention but an plied their place, were deficient both in assembly? If the people did anything the education and experience requisite illegal, they were liable to be imprisoned for the naval service. On the other and punished at the common law. Did hand, Great Britain had one hundred it follow that, because improper ideas and twenty-nine ships of the line fit of government had been taken up by for sea, besides twenty-four guard- the French, or because liberty had been ships, and above one hundred frigates, there abused, similar misfortunes would of which ninety of each class were im- befall this country? Had that nation mediately put in commission; while been protected by a Habeas Corpus seamen of the best description, to the Act-had the government been conamount of eighty-five thousand, were strained by standing laws to respect drawn from her inexhaustible merchant the rights of the community-these service. Unable to face their enemies tenets would never have found an enin large fleets, the French navy re- trance into that unhappy country. By mained in total inactivity; but their parity of reason, they were only to be merchants, destitute of any pacific em- dreaded here if the safeguards of the ployment for their money, fitted out an constitution were removed. Were the immense number of privateers, which, freedom of meeting to complain of for a considerable time, proved ex- grievances to be taken away, what tremely injurious to British commerce. would soon become of our boasted con4. The efforts of government at the stitution? And if it is to be withdrawn same period were vigorously directed till the discontented are rooted out, or to the suppression of sedition in Great the thirst for uncontrolled power asBritain. The great extent and obvious | suaged in government, it will never be

restored, and the liberties of English- their little power to do mischief; but men are finally destroyed."

One

it is easy to treat as imaginary all dan-
gers that are checked in the bud.
of the finest poets has said,-
'Treasons are never own'd but when descried;
Successful crimes alone are justified.""

Moved by these arguments, the House
of Commons passed the bill for suspen-
sion by a majority of 261 to 42. It
was adopted by the Lords without a
division.

6. Various prosecutions took place in Scotland, which terminated in the conviction and transportation of the accused; of whom Hardy, Palmer, Muir, and Gerald were the most remarkable. Great was the indignation which this necessary and well-timed severity produced in the democratic party in Great Britain; and their writers, without one exception, for the next half-century, stigmatised the Scotch convictions as an unnecessary and unjustifiable stretch of oppression. But truth is great, and will prevail. The Whig party, in consequence of the revolution in England of 1832, got possession of power, which they held for the next seventeen years, under differ

5. On the other hand, it was contended by Mr Pitt and Lord Loughborough, that the question was, "Whether the dangers threatening the state were not greater than any arising from the suspension proposed, which was only to last for six months, and in the mean time would not affect the rights of any class of society. The truth was, that we were driven to the necessity of imitating French violence, to resist the contagion of French principles. Was lenity to be admitted when the constitution was at stake? Were a Convention upon Jacobin principles once established, who could foresee where it would end? Not to stop the progress of these opinions, were no better than granting a toleration to sedition and anarchy. It is in vain to deny the existence of designs against the government and constitution; and what mode of combating them can be so reasonable as the present suspension, which does not oppose the right of the people to meet together to petition for reform, or a redress of abuses, but only aims at preventing the establishment of a power in the state superior to that of Parlia-ent administrations, without intermisment itself? The papers produced be- sion,—and they then had an opportufore the Committee demonstrate clearly nity of carrying their principles of gothat this is their object, and that they vernment into execution. The result are leagued with all the societies which was the Repeal agitation, followed by have brought desolation upon France; the rebellion of 1848 in Ireland, and they have chosen a central spot to faci- the Chartist conspiracy, which so serilitate the assembly of demagogues from ously threatened the monarchy in April all quarters. Every society has been 1848, in England. To repress these requested to transmit an account of its dangers, the Whig administration were numbers, and arms have been procured compelled to pass a special statute, and liberally distributed: unless these authorising the transportation of ofproceedings are speedily checked, the fenders in serious cases of sedition, as government will soon be set at naught, had of old been the common law of and a revolution, with all its horrors, Scotland; and the very same punishoverspread the land. Parliamentary ment, on conviction under it, was inreform was tried, settled, and extin-flicted on Mitchell and Martin in Ireguished in 1781 and 1782; it can only now be used as a cover for deeper designs. The phrase 'parliamentary reform' no more legalises seditious meetings, than 'God save the King,' written at the bottom of an insurrectionary proclamation, would make it innocent. Much is said of the low rank of the members of most of these societies, and

*

land, which had been stigmatised as so unjust when pronounced on Muir and Palmer in 1793.+ In England no less

The 8 and 9 Vict., c. 73.

It is often said that these Scottish martyrs, as they were called, were transported for advocating parliamentary reform, which in 1832; and, under the influence of this was afterwards adopted by the legislature opinion, a monument, during the Reform fer

than four Chartists were, in 1848, sen- | Thelwall, and Horne Tooke, for treason, tenced to transportation for life at the Old Bailey for sedition. So true it is that initial severity in political offences is often true humanity, and that the opposite temporising system often induces the reality of oppression, to avoid its imputation.

7. The result was different in England. The attention of the people was deeply excited by the trial of Hardy,

vour, was raised to them by the more violent of that party, on the Calton Hill of Edinburgh. This opinion, however, is entirely erroneous. They were not transported for advocating parliamentary reform, but for advocating its support by the illegal and treasonable device of a British convention, which was to supersede Parliament, and corresponding societies, which were to spread its ramifications throughout the realm. Any object, how legitimate soever,-as the reduction of taxes, a change in the laws, or an alteration in domestic or foreign policy,-becomes equally seditious or treasonable if forwarded by such means, which plainly supersede government, and must lead to civil war. That the Scotch judgments were entirely conformable to Scotch law, has been long ago demonstrated.-See Hume's Criminal Law, vol. i. p. 557, and Alison's Criminal Law of Scotland, i. 585-587. That they were entirely conformable to expedience, and dictated by state necessity, has been proved by the fact, that the English government were driven to the passing of a statute declaring sedition, in aggravated cases, punishable by transportation, and a suspension of the Habeas Corpus Act-that is, to the adoption in toto of Mr Pitt's measures-in 1848, under the guidance of a Whig cabinet, of which Lord Campbell, one of the last and ablest of the opponents of Mr Pitt's repressive measures, was a member.

in London. The documents on which the prosecution was founded, left no doubt that these persons had been deeply implicated in designs for the violent change, if not the total subversion, of the government, by means of a convention of their own formation, not through the constitutional channel of Parliament.* The prosecutions, therefore, were justifiable and necessary; and yet guilty of the minor crime of sedition was not only ample, but overwhelming. Hardy was the secretary of the association, the professed object of which was parliamentary reform; but the illegality and danger of which consisted in this-that this, a legitimate object if pursued by legitimate means, was proposed to be brought about, not by the lawful means which the constitution recognised, but by intimidation, violence, and, if necessary, insurrection. In the "Rights of Man," by Thomas Paine, a member of the French Convention, which the Association extensively circulated, it was said-" Hereditary succession requires a belief from man to which his reason cannot subscribe; the more ignorant any country is, the better is it fitted for that species of government. A general revolution in the construction of governments is necessary. Usurpation cannot alter the right of things. Sovereignty, as a matter of right, appertains to the nation only, not any individual. The romantic and barbarous classing of men into kings and subjects, though it may suit courtiers, cannot do so to citizens. All hereditary government is in its nature tyranny. When the bagatelles of monarchy, regency, and hereditary succession shall be exposed with all their absurdities, a new ray of light will be thrown over the world, and the revolution will derive new strength by being universally understood. It is now the cause of all nations against all courts." The *The combination against which, on this addresses from republican societies in France occasion, the powers of government were ex- to the Society, and found among their papers, ercised, was of the most extensive kind, and and from the Association to them, or to the embraced the whole of Great Britain in its ra- corresponding societies in Great Britain, conmifications. The prisoners were charged with tained ample evidence of their practical adophigh treason, in having conspired to subvert tion and preparation of measures to carry the King, and levy war against his govern- into execution these principles. A letter, ment. The trial, which occupied three weeks, signed by the chairman and secretary, 11th excited the utmost interest in all parts of Oct. 1792, contained these expressions-"Tythe country; during its whole continuance, rants and tyranny are no more. How well the avenues to the court and the court itself purchased will be, though at the expense of were filled with anxious spectators. The much blood, the glorious and unprecedented opening speech of Mr Scott, the Attorney-advantage of saying 'Mankind is free."" General (afterwards Lord Eldon), occupied answer to one of the vehement addresses of nine hours; the reply of Mr Erskine and Sir the French Convention, the president's letter, Vicary Gibbs was of the same length. The found entered in the books of the Association, prisoners were indicted for high treason-the bears-"You have addressed us with someonly step in the whole proceeding of which thing more than good wishes, (a supply of the policy was questionable, as it required a arms for the soldiers of freedom), since the strained, or at least strict, interpretation of condition of our warriors has excited your the law, to bring the prisoners within the solicitude. The defenders of our liberty will provision of the treason law, on the footing one day be the supporters of your own. The of having been guilty of "Constructive Trea- moment cannot be distant when the people son;" whereas the evidence of their being of France will offer their congratulations to a

In

-so readily does good spring out of the conflicting feelings of a really free community-their acquittal, by the independent verdict of a British jury, is to be regarded as an eminently fortunate event at that period. After so signal a triumph of popular principle, the most factious lost the power of alleging that the liberties of Great Britain were on the decline: satisfied with this great victory over their supposed oppressors, the people relapsed into their ancient habits of loyalty; while the vehement demagogues, who had made so narrow an escape from the scaffold, hesitated before resorting again to practices of which the peril to themselves, as well as to the country, was now made manifest. The spirit of innovation, deprived of foreign support, and steadily resisted by the government, rapidly withered in the British soil; the passions of men, turned into another channel, soon fixed on different objects; and the prosecution of the war with France became as

great a source of interest to the multitude, as it had ever been to remodel the constitution after the example of the Constituent Assembly.

8. The continuance of the war again gave rise to animated debates in both houses of Parliament. On the part of the Opposition, it was urged by Mr Fox and Mr Sheridan, "That the conduct of government, since the war commenced, had been a total departure from the principles of moderation, on which they had so much prided themselves before it broke out. They then used language which breathed only the strictest neutrality, and this continued even after the king had been dethroned, and many of the worst atrocities of the Revolution had been perpetrated: but now, even though we did not altogether reject negotiation, we put forth declarations evidently calculated to render it impossible, and shake all faith in our national integrity. The Allies had first by Prince Cobourg issued a proclamation, in which National Convention in England." These, and government. Accordingly, many able lawa vast number of documents containing simi-yers think the acquittal of the prisoners of the lar expressions, left no room for doubt that high treason charged, how clearly soever they the object of the Association was to erect a were found guilty of sedition, was a fortunate legislature of their own, which was to super- circumstance, as it at once saved the law and sede the Parliament. Indeed, this was openly stopped the treason.-State Trials, October 26, avowed by them. On 20th Jan. 1794, a gene- 1794; and Twiss's Life of Lord Eldon, i. 240-261. ral address was published and circulated by George III., whose strong natural sagacity the Society, which bore-"How are we to had made him averse to the prosecution of seek redress? From the laws, as long as any these offences as high treason from the beredress can be obtained from them; but weginning, was rejoiced at the acquittals. Admust not expect figs from thistles. We must have redress from our own laws, and not from the laws of our plunderers, enemies, and oppresAnd it was declared "that, upon the introduction of any bill inimical to the liberties of the people, such as suspending the Habeas Corpus Act," the committee should issue summonses forthwith for the convocation of a general convention of the people, for The English lawyers were landed in this the purpose of taking such measures into serious dilemma, from the obvious defect of their consideration. On 30th Jan. 1794, a the law, which recognised no medium besecret committee was appointed, to consider tween sedition, punishable only by imprisonwhat measures might be necessary, accord-ment, and high treason, to which the highest ing to the measures of the House of Commons; and at a meeting held on 28th Dec. 1793, Mr Redhead Yorke, one of the speakers, said to the Association "that it was impossible to do anything without some blood, and he hoped to see Mr Pitt's and the King's heads upon Temple Bar," whereupon all the meet-not too heavy for so dangerous a delinquency. ing rose up and shook hands with him.

sors."

These, and similar documents and proceedings, left no room as to the objects of the Association; but still there was great legal difficulty in bringing the case of the prisoners within the rule as to overt acts, either showing an intent to compass the king's death, or levy war against him, or depose him from his

dressing Lord Chancellor Loughborough, who was understood to have taken a leading part in recommending them, he said, "You have got into the wrong box, my lord; you have got into the wrong box: constructive treason won't do, my lord; constructive treason won't do."-LORD CAMPBELL's Lives of the Chancellors, vi. 267.

pains were attached. The true medium was familiar to the Scotch law, which held the more serious cases of sedition-those in which civil war and a forcible change of government were recommended or pointed at-as punishable by transportation-a penalty certainly

The infliction of this penalty on the leading delinquents in Scotland, was so long made the subject of invective by the English democratic party, because it was so necessary and effectual-it hit incohate treason between wind and water; and hence the clamour raised against it, as the roar against all effective remedies of favourite public delusions.

while any part of the territory of either of them remained in the hands of the enemy. How have they adhered, or are likely to adhere, to this stipulation? How has Prussia adhered? Why, she publicly declared her intention of laying down her arms, at the very time when large parts of her allies' territories were in the occupation of the enemy, because she had discovered that the war was burdensome. The Emperor has refused to agree to this secession, and Prussia has been retained an unwilling and feeble combatant on our side, only by the bribe of enormous subsidies. It is evident what the result will be: our allies will one by one drop off, or become so inefficient as to be perfectly useless, when the contest proves either perilous or burdensome; and we shall be left alone, with the whole weight of a contest on our own shoulders, undertaken for no legitimate object, continued for no conceivable end.

they engaged to retain whatever strongholds they might conquer, merely in pledge for Louis XVII.; and five days afterwards, to their eternal disgrace, they revoked that very proclamation, and openly avowed the intention, since uniformly acted upon, of making a methodical war of conquest on France. Supposing that the British government should be able to clear itself of all share in this infamous transaction, what was to be said of the declaration issued by Lord Hood on the 23d August, on the capture of Toulon, wherein he took possession of the town on the express conditions of maintaining the constitution of 1789, preserving the fleet of Louis XVII., and protecting all Frenchmen who repaired to our standard?-after which came a dark enigmatical declaration from his Majesty, which, stripped of the elegant rubbish with which it was loaded, amounted merely to this, that the restoration of monarchy was the only condition on which we would 9. "It is in vain to conceal that we treat with France. Has anything oc- have made no advance whatever towards curred to alter the probability of suc- any rational prospect of closing the concess in the war. Have the triumphs of test with either honour or advantage. the coalition in Flanders been so very In the first campaign, the Duke of brilliant, the success of Lord Moira's Brunswick was defeated, and Flanders expedition to Granville so decisive, the overrun; in the next, the most formidefforts at Toulon so victorious, as to able confederacy ever formed in Europe afford more cheering prospects than has been baffled, and a furious civil war were held out at its commencement? in different parts of the Republic extinHas the internal condition of that coun-guished. What have we to oppose to try, and the prospects of the Royalist party, improved so much under the system of foreign attack, as to render it advisable to continue the contest for their sakes? Is not the internal state of France so divided, that it is impossible to say that the Royalist party, even in the districts most attached to monarchical principles, could agree on any form of government? And what have we done to support them? Liberated the garri-and then, indeed, the conquests in the sons of Valenciennes and Mayence, East and West Indies would afford an when they were shut up within their excellent foundation for the only dewalls, and given them the means, by the sirable object-a general pacification. absurd capitulation which we granted, All views of aggrandisement on the part of acting with decisive effect against of France are evidently unattainable, their Royalist fellow-citizens in the west and must be abandoned by that power; of France! All the treaties we have so that the professed object of the war entered into contained a clause, by-permanent security to ourselves--which the contracting parties bound may now securely be obtained." themselves not to lay down their arms

this astonishing exertion of vigour? The capture of a few sugar islands in the West Indies. Of what avail are they, or even the circumscribing the territorial limits of France itself, when such elements of strength exist in its interior? But let us revert to our old policy of attending to our maritime concerns, and disregarding the anarchy and civil wars of the neighbouring states;

10. On the other hand it was con