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DEFENCE OF ZEPHANIAH WILLIAMS.
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STATE TRIAiLi*/ ^' STATE TRTAXSl* *" ' " "
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C^artfet iiBfobemente.
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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No .. 7 . ¦ . '"' Fiw eras in the history of the world can be found to eontain matter of greater importance or of deeper interest than that which pervades the reign of Gubles I . of England . Thia period is most important , inaminch . aa h teaches lessons of sterling value to the print * and to the people ; to the former , it plainly declares , * thns far shali thou go , but no Jarfher , " and warns him of the danger which exists when men are oppressed beyond a certain mark , when they are driven to despair , or when a
resistance is made to the natural and inevitable advance ment of the times ; the people are instructed by this slant yet impressive monitor of the past , that every eedsaToonnnst be made to avoid the horrors of a « vil war ; fcoYfhat when they are convinced of fiieir wrongs they only require nnion and firmness to obtain . their'due : it tells the King when to forbear , t tells the subject when to resist . This epoch in the history of our constitution is also most interesting , for it presents to ns the gradual developement
« f genuine liberty ; itEbowat © uathe means whereby the utility and importance of a class in the state it length grew into deserred notice ; it holds np to onr view new minds , new manners , and new doctrines , springing into action and exerting their intnenee on'old fashions , whith passed away as a dream . We see a moral revolution succeeded by a physical revolution ; the latter would have been unnecessary had the King possessed but a tithe of tha perception and wisdom , which existed among his opponents .
The nation , at the accession of Charles , was di-Tided into two parties ; the one professed a desire to Jive on without change or improvement ; to be governed by the maxims of times gone-byj and to preserve the same prostrate adoration for the prerogative of divine right , however exerted , frith which tyrants and minions had suceeeded in investing the Crown ; the other seemed to be awakening from a long sleep to a consciousness of the injustice and oppression around them ; they appeared to be suddenly inspired with a pity for their unfortunate countrymen , who groaned beneath the burden of their sorrows ; with hatred for the very semblance of despotism and tyranny ; and with a fervent love for the charms of freedom ,
which now dawned upon their minds . This latter elass was distinguished by the tide of Puritans , and it is worthy of observation , aa a fast producing a wonderful effect on every action , that they were deeply embned wi ; h religion , which presided over almost every thonght and every deed . She went hand in hand with liberty , and to these two divinities was offered up tha sacrifice on one common altar . Hence we gather the principal cause of their supernatural zeal and perseverance , for never are the energies of the human race so powerfully exerted , as at that time when religion enters into
their under takings . A brief account of tne Puritans will tend greatly to the better understanding of this reign- Shortly after the Reformation some portion of the English embraced extreme opinions , and were so violent in their dislike of the Romish worship from which they had just escaped , that they desired the Protestant service to be as distinct and opposite as possible . They were disgusted with all forms and ceremonies on these solemn occasions , and clung to the mere simplicity of their faith . There is no doubt but that they carried their doctrines frequently
to an absurd length , and the grand defect in fhiw body was their intol « raace towards the Roman Catholic Church . Of course the vengeance of the Prelates in Mast ' s reign fell earliest-and earliest on this sect , and , therefore , great numbers left their country . In Elizabeth ' s reign they returned to England with enlarged views and prejudices dispelled by their travels ; they returned with a sincere love for political , as well as for religious , liberty . These qualities rendered them peculiarly hateful to
Elizabeth , about the middle of whose reign they first attracted notice , and she also persecuted them by severelawB enacted against non-conformity with the established forms of the church . The proceedings adopted by her and by James encouraged this body in their hatred for unlimited power , and strengthened their efforts for equal right and justice ; their tenets daily gained ground ; tho most noble and the most talented espoused their opinions ; the flame smouldered for a fane , but burst out with increased fury , when fa-Touxed by tyranny and by folly .
Charles at once submitted himself to the guidance of the Duke of Buckingham , who is descr ibed by Hckb as having been "implacable in hi 3 hatred ; fickle in his friendships ; all men were either regarded as his enemies , or dreaded soon to become such . The whole power of the kingdom was grasped by his insatiable hand ; while he both engrossed the entire confidence of his master , and held invested in his single person the most considerable offices of the Crown . ' When we remember also that lie wasblessedneitherwith wisdomnor with principles of justice and honour , we need not wonder ibat the
Commons levelled their first attack against him . The Earl of Bristol was charged-with high treason at the suit of the Crown in consequence of having disobeyed the King ' s orders in taking bis seat in the House of Peers , . when by royal command no writ had been sent to him ; the Earl , however , did not relish this stretch of prerogative , and by way of recrimination , he directly- accnsed Buckingham of high treason . ThiB charge gave way to an impeachment of the Duke by the Commons , and the chief
articles advanced against him were , — -1 st . Plurality of offices ; " 2 nd . Purchasing the office of admiral ; Srd . Negligence in not guarding the seas ; 4 th . Extortion of £ 10 , 000 from the East India Company ; ith . Putting ships into the hands of the French ; 6 th . Selling honours and places of judicature ; 7 th . Procuring honours for his po « f kindred ; 8 th . Exhausting , intercepting , and misemploying the King ' s revenue ; 9 th . Transcendant presumption in giving physic to Jaxes , late King , without acquainting the ¦ physicians .
While the Commons were thus warmly engaged , the King seized every opportunity by which he eould express hit contempt for them , and seemed totally ignorant of their weight in the Constitution , for Buckingham , though lying und * articles of impeachment , wa 3 , by meana of Court Interest , -elected Chancellor of the University of Cambridge , and the King himself wrote a letter extollingthe Date , and
giving thanks for the election . The " Lord Keeper , in the Sovereign ' s name , expressly commanded the House not to meddle with his minister and servant Buckingham ; and Charles went so far , in a message , as to threaten the Commons that if they did not immediately furnish him with supplies , fie should be obliged to try "n « r counsels . ' "—a term explained by the Chamberlain as meaning- that his Majesty would act and rule without a Parliament
These imprudent and foolish threats warned rather than terrified the Commons , who sent the impeachment np to the Lords . Two members of the House , Sir Dcdlet Digges and Sir John Elliot , who had been employed in drawing np the articles , were thrown into prison by royal command . The Commons immediately declared that they would proceed no farther upon business , till they had -satisfaction in their privileges . Chaxles alleged as ike reason of this measure certain seditious expres -sions , which , however , turned out upon enquiry aever to have bees used . The members were
released , sad thjs king left no favourable remembrance of his discretion and prudence . He determined , at all events , to prevent the laudable enquiry into a mister ' s conduct , and to smother the attack upon Mi&Torite . He immediately dissolved Parliament ; an act which than was supposed to determine an impeachmes 4 , batithaBbeen sinee decided , in the ease of Wabbej BUstugs , that a dissolution doea not have this effect , awt tls * i the charge may be Ibllowed np by the sacoee «»* Parliament . A letter of advice to written to Bccswfiaui by & friend , who praises him for not having courted pops hriiy , oWring , wiii truth , « The people ' s lore
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is the strongest citadel of a sovereign prince , but to a great subject it hath often , feoved fatal , for ' Kb who pi&telh off his hat to At $ teff £ s giveth hit head to the prime , as it is remarkable what was said of Essbx , tiart he was grown so popular , that he was too dangerous for the times smdifcbe times for him . " The " New Counsels' * ' which Chables had mentioned were now to beiried in order to supply the necessities of the cr « m . "Had he possessed any military force on wkwhibe ooold rely , " even Humb is obliged to admit , "" it is not improbable that the king had at once taken off his mask , and governed * * v - " " "
without any regard to parliamentary privileges . " As it was , he required of the city a loan of £ 100 , 000 , which , * f ter many pretences , was flatly refused ; in order to equip a fleet , every maritime town , with the aid of adjacent counties , was ordered by the eoancil to arm a certain number of vessels . ThnVwas the first appearance in Charles ' reign of $ hip-m * tkey , a taxation which had been imposed by Elizabeth , and which was carried further by Charles , and created violent discontents . Of some loans w « re required ; to others the way of benevolence or gift was proposed . Shortly
afterwards a large sum was needed in order to carry on the ruinous wars abroad , and an order went forth demanding a general loan from the subject , according as every man was assessed in the rolls of the last subsidy . Two time-serving , obsequioous clergymen , SiBraeuKB and Ma . vwari . ng , preached in favour of this unjast and unconstitutional proceeding , asserting that all limitations of the royal will , were seditious , and because Abbot , the Archbishop of Canterbury , refused to license such trash , he was sequestered from his office . Those who refused to yield their money on these conditions were imprisoned . Five gentlemen of rank had spirit enough at their own expense and hazard , to defend the
public liberties , and to demand rele&sement , not as & favour from the Court , but as their due , by the laws of their country . By writ of Habeas Corpus they were brought up to the King ' s Bench , and their counsel objected that no cause had been assigned for their commitment ; per speciale mandatiim regis" by the special command of the King "—they atffied was not sufficient reason for refusing bail or release to the prisoners . This trial excited the most intend interest , but though the King evidently had no right to commit his subjects when no offence bad been committed , yet the Judges remanded the gentlemen to prison and refused the bail which was offered . Compulsory loass were not
the only source of grievances , for the army which had made a fruitless expedition to Cadiz was dispersed throughout the kingdom ; the soldiers were billeted upon private houses , and those , who had refused or delayed the loan , were sure to be loaded with a great number of these dangerous guests . Many also who had displayed a refractory disposition , were pressed into the service or sent to foreign countries on missions , which they were obliged to accept . The Commons now assembled , and a ? the principal portion of their debates with regard to the liberty of the subject has been deemed worthy of
insertion in the voluminous collection of " State Trials" from which we derive this abridgement , we gladly seiao the opportunity of laying before our readers a true and impartial account of the most celebrated discussions that were ever entertained in a public assembly . The most talented men of that , or any other , period adorned the House of CommonB during this . and some succeeding sessions ; among these it miy"be sufficient to name Sir Edward Coke , Sir Edward Saxdts , Sir Robebt Philips , Sir Fraxcis Seymour , Sir Dcdlkt Digges , Sir John Elliott , Sir Thomas Wentwobth , Mr . Selden ,
and Mr . Ptm . These leaders in die good fight were judicious , wise , and above all truly patriotio ; their minds were elevated and enriched by a love of independence and pure liberty ; they were deputed by boroughs and counties , inflamed all of them by the late violations ; many of the members themselves had been cast into prison and had suffered by the measures of the court . We do not hesitate to say that neither in the more antient , nor in the more modern time * can we find superior specimens of truth , wisdom , and eloquence , than those which occasionally bunt forth from this party .
The sentiments of freedom are not only winning and attractive in themselves , but they seem to invest their votary with the power of clothing his noble ideas in all tke charms of oratory , as if this path had been marked out in order to make mankind more in love with the chief of earthly blessings . We wish all to observe that these great men acted not without a cause ; not only were they oppressed with grievances , but they were also mocked and insulted by the King , who blindly rushed upon his own ruin . Charles told them , in his first Speech , that if they did not give him the necessary contributions , he should " use those other means which God had put into his hands . "
Sir Francis Setmocr began the debate . " This , " said he , " is the great Council of the kingdom , and here with certainty , if not here only , his Majesty may see , as in a true glass , the state of the kingdom . We are sent hither by the people , in order to deliver their just grievances ; and this we must do without fear . Let us not act like Cambtses' Judges , who , when their approbation was demanded by the Prince to Borne illegal measure , said that , ' though there was a written law , the Persian Kings might follow their own will and pleasure . ' This was base flattery . • ? How can we speak of giving , till we know whether we have anything to give ?
—for if his Majesty may be persuaded to take what he will , what need we give ! * * * He is not a good subjeot—he is a slave , who will allow his goods to be taken from him against his will , and his liberty against the laws of the kingdom . By opposing these practices , we shall but tread in the steps of onr forefathers , who still preferred the public before their private interest—nay , before their very lives . It will be a wrong to us , our posterity , and our consciences , if we willingly forego that which belongs to us by the law of God and of th « land , and this we shall do well to present to his Majesty . "
" I read of a custom , " said Sir Robebt Philips , " among the old Romans , that once every year they held a solemn festival , in which their slaves had liberty , withont exception , to speak what they pleased , in order to ease their afflicted minds ; and on the conclEsion of the festival , the slaves severally returned to their former servitude . So , after the revolution of some time , and the grievous sufferance of many violent oppressions , we have now , as those slaves , obtained for a day some liberty of speech ; but Bhall not , I trust , be hereafter slaves , for wo are born free : we are not bondmen , but subjects , and
it is our hope to return freemen . Yet , what new illegal burdens our estates and persons have groaned under , my heart yearns to think of , my toHgue falters to utter . ? ? I more fear the violation of public rights at home , than' a foreign enemy . It is well known tha people of this state aro under no other subjection than what they did voluntarily consent to by the original contract between King and people , and as there are many prerogatives and privileges conferred on tho King , so there are left to the subject many necessary liberties and privileges , as appear by the common law and Acts of Parliament . • • Was there ever yet King of England that directly violated the
subject ' s liberty and property , but their actions were ever complained of in Parliament , and no sooner complained of than redressed I 21 Edward III ., th » e went out a Commission to raise money in a strange manner ; the succeeding Parliament prayed redress , and until Hesbt VIII . we never heard of the said Commission again . Another way was by loan , a worm that cankered toe law ; the Parliament redressed it . The next-little engine was Benevolence . How that and all ^ ther indirect ways were damned look into the Statute of Richaed IIL would yon would look into Fobtbqob , wher e he reminds the Prince of the misery he saw , where aok&m vn au ^ u pon the people ; bat ssith he , no
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man is forced to take soldiers , but I was , and they are to be paid for them ., * * I can live , though another , who lias no rightsto bepnt to live along withme ; nay , I can live though burdened with impositions , beyond what 3 < now labour under ; bat to have my liberty , which is the soul of my . Hfe , ravished from me and to be put up in a gaol without remedy by law . O improvident uoestorst O unwise forefathers ! to be , so curious in providing for the ¦ '¦ ¦ ¦ ¦ "
quiet possession of our lands and the liberties of Parliament , and at * he- » ame time to neglect our personal liberty , and Jet us lie in prison , and that during pleasure , without redress or remedy ! If this be law , why do we talk of liberties ? Why trouble ourselves with disputes about a constitution , franr chises , or property of goods ? What may any man call his own , if net the Hberty of his person V The same topics were enforced by Sir Thomas WKirrwobth , whoin tae course of his address
observed"Wemust vindicate : What ? New things ! No : our ancient , legal , and vital liberties ; by reinforcing the Jaws enacted by our ancestors ; by setting such a stamp upen them , that no licentious spirit shall dare henceforth to invade them . The patriotic Sir Edward Coke said " Let us not flatter ourselves ; who will give subsidies , if the King may impose what he will , and if after Parliament the King may enhance what he pleases ! I know he is a religious King , free from personal vices , but he deals with other men ' s hands and sees with other men ' s eyes . Will any give a subsidy that will
be taxed after Parliament at pleasure t Tne King cannot tax any by way of loans . There is " a noble record ; it cheers me to think of it , 2 H » Edward III . ; it is worthy to be written in letters of gold ; " Loans against the will of the subject are against reason and the franchises of the land . " What a word is that franchise ! It is against the franchises . of the land for freemen to be taxed , but by their consent in Parliament ; this is asserted by the great charter , a charter which has been confirmed by good Kings above thirty times I" And again concerning illegal imprisonment he observes— " The prerogative is
highly respected of the law , yet it hath bounds set unto it by the laws of England . It has been said on the proceedings by Habeas Corpus that by the statute of Westminster , 1 , c . 15 , " those are not repleviable ( that is bailable ) who are committed for the death of a man or by commandment of the King or his justices ; " but by prceceptum ( command ) is understood the command , not of the King , but of the Justices of the Queen's Bench and Common Pleaa , which is proved by co-temporary exposition and a host of authorities . * * The King can arrest no man , because there is no remedy against him , 1 Henry VII . c . 4 ; also by cap . 18 , of the same act , the King ' s pleasure is not binding , without assent of the realm . And as to the
nonassigning of a cause for commitment does not Paul ( Acts c . 25 . v . 27 ) exclaim , " For it Beemeth to me unreasonable to send a prisoner , and not withal to signify the crimes laid against him . " Mr . Cresswkll said— " Justice is the life and heart ' s blood of tbe commonwealth ; she is both the column and the pillar , the crown and glory of "the commonwealth . Solomon says by justice shall the throne be tho established and the nation exalted . Give me leave to resemble her toNEBUcHABNEZZAB ' s tree , for she is so great that she doth shade not only the palace of the King and the house of the noble , Trat doth also shelter the cottage of the poorest beggar . There was no imprisonment at common lam , except for offences committed by force ; imprisonment for debt and the like was introduced by statute law . "
The most remarkable feature in these debates ia the wonderful unanimity that prevailed . There was not a dissentient voice ; all men seemed to agree in their disgust at tyranny , which had ao long cursed tho land , and in their aspirations for freedom , which was about to bless the nation . The CoinmonB , therefore , directly resolved—1 st . That no freeman can be detained in any way , or by command of any one , even the King , unless some good and lawful cause-be expressed for the commitment . 2 nd . That the writ of Habeas Corpus oaanot be denied to any one . Srd . That if a freeman be committed , without cause shewn , he ought to be delivered or bailed .
4 th . That it is the ancient and indubitable right of every freeman , that he hath fall and absolute property in his goods and estate—that no tax , loan benevolence , or other like charge , ought to be commandad or levied by the King , or any of the Ministers , without common consent by Aot of Parliament . These resolutions were supported , in a Conference with the Lords , by the powerful arguments of Cokb , Seldeh , Littleton , and Digges .
The Lords then made five propositions , calculated to lessen the benefits ; but they were instantly rejected by the Commons . Tho Lord Keeper endeavoured to stop the mouth of the House by offering the Royal word that things should be amended ; but the House plainly declare- } that they " gave no trust , " least of all trust to a Royal promise . It was then ordered by the House , that " a Committee of lawyers do draw up a "Bill , containing the substance of Magna Charta ^ arid the other statutes that do concern the liberty of the subjeot . " These other statutes were principally—25 th Edward III ., c . 4 ; 28 th Edward IIL , c . 3 ; 37 th Edward III ., o . 18 ; 38 th Edward III ., c . 9 ; 42 ud Edward III ., o . 3 ; 1 st Richard II ., c . 12 , &c . &c .
The King now again sent a message to stop proceedings , and when an answer was returned implying that they could not rely upon him , he pettishly replied that he expected an answer by their actions , and not delay by discourse . Some were for letting this new Bill rest , but Sir Edward Cokr's roasons prevailed . " Was it ever known , " said he , " that general words were a sufficient satisfaction to particular criovances 1 Was ever a verbal
declaration of the King a declaration of the kingdom 1 When grievances exist , the Parliament is to redress them . Did ever Parliament rely on messages ! The KiDg ' s answer is very gracious , but what is the law of the realm!—that is the question . Did you ever knots a King's message subttxiv&ed for a Bih of subsidies 1 Messages of love never came into a Parliament . Let us put up a Petition of Right ! " * To this important measure WOhall sretnra in- our next article .
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In our last we stated that Zeph&aiah Williams had intended to address to the Court at Menmouth an argument which bad been prepared for him by a friend , he was dissuaded from his course by Counsel . Below we give the address . I trust , my Lords , that the manner in which the evidence has been mended , since the same witnesses swore against Mr . Frost will be pointed out to the Jury by your Lordships . I refer especially to the evidence of Williams , and who , finding it necessary to prove an attack upon the troops , swore that Strjeant Daly was in the passage and distinctly and frequently seen by the witness : and again , 4 he witness , Emery , finding that the subversion of the Executive Government wak necessary to be proved , upon his oath swears tbal which he reserved against Frost— " that proclamation ~ waa to be made , an Executive Government established , and Frost declared President "
Again , Hodges , who never said one word about putting bask the dock , till he found he had to contend against Mary Jones's evidence . The evidence of Sir Tboma * Phillips , positive upon Mr . Frost ' s trial , bat only prtpmattive upon my trial , when he finds his evidence at vwiwe with that of Capt Gray , . . ; . .. ; - , Upon the whole , your Lordships will 3 « d that what failed to be satisfactory to your Lordships npu ? fco trial of Mi . Frost , has been supplied bj the agemt * d $ Crown on my triaL My Lords , yoxa charge to the Jmry npaa Mr . Frost ' s Wai was so Impartial , that I throw Into your hands the defence of my life , and the refutation that ten thou-« and teuton eould be . found in this peaceable and loval county . . . ¦ *^ m 7 Xord
« J ~^ ^ f * " ' « " ¦ X *»• ***** ™<* anaaay ,. if tbe « ase does not find a barrier in jour " nttfiUps , to interpose between the unnecessary severity of the SoUcH ^ CteMBal , and the Insult ^ uToffered to » J £ »« el j . fremv&iasomiuh , rtrnst , is ntt vainly '
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Lords , so help me God , I am not guilty of anythe most remote desire to revolt against the Queen , and . ! he majority of- the witnesses have perjaaed themselves . Most of the witnesses against me are accompUms , and known aa the most violent and dangerous characters whose savagenes 8 I have frequently restrained . If I » m a traitor , you have , my Lords , yet to deal with six BQllions of traitors equally tuilty with myself , for those principles { for the establishment of which I have peace * ably straggled ) are rivetted so deeply in the hearts of a majority of this nation , as to make the large majority of the people traitors , in every sense in which thac word can justly be applied to me . .. ¦ . " .-. ¦ . . " .. 7 ¦ ....:.-..
This , my Lords , must be an unwholesome state of society , but I never sought to Inculcate those principles , though dear to all , by other than peaceable and moral means . . My Lords , I trust , not for my own sake , but for the protection of those who shall come after me , that you wilt not so mingle treason with riot , as to turn rioters into traitors . - Let each crime bear its own stamp , name , character , and punishmout ¦ , and surely now , above all other times , the stretching of-the law , after seven years of reform , is unfair , if riot illegal . My Lords , the Crown appears to know its rights . Let the people know their protection . Not , my Lords , in the language of a prosecutor , but in the mild toce of an adviser .
My Lords , in the first instance lay down tho law clearly , and then if we violate it , punish us ; but do not thus take a . whole nation by surprise , and sentence us as traitors for a mere ignorance of tbe nice distinction between ruisdemeanouv and high treason . My Lords , it would be . « ruel in any Government to treat the late riot as treason ; but how much more so in that Government which actually paraded me and others as proof of the physical force , by which their moral applications for power were to be enforced ?
My Lords , it must be obvious to you the manner in which the Crown has shifted its ground since the trial of Mr . Frost . 11 was first denied that any demand was made at the Westgatofor prisoners ; that is abandoned . The charge rested in a great measure upon the fact that the troops were fired upon after they were unmasked to the people ,. Williams's evidence against mo establishes that point , which is completely at variance with the evidence of Sir Thomas Phillips » ml Captain Gray , and also with the evidence of some witnesses for tho prosecution who have distinctly sworn that the removal of the shutters , the fire of the soldiery , and the envelopment of the space in smoke was simultaneous and precluded the possibility of distinguishing anything poing on .
My Lords , independently of these material facts , which are for the Jury , I believe tho law in its humanity , affords this shield to parties ( who may be supposed to have enlisted in an illegal undertaking—I deny , my Lords , that treason was meditated , whilst 1 claim that shield which the law throws round me . ) I am not brought into contact with any of the parties , after the plans sworn to be laid down were adopted , and therefore the humane presumption of tbe law is , that even if I had engaged in an illegal undertaking I had abandoned the design .
My Lords , it is melancholy that . the opinions of departed Judges , who lived in less enlightened times , should be called up as spells to sway your Lordships ' judgments expanded by the literary and scientific improvements , as well as the legal alterations to which the improvement of the present state of society has led , and , yet , my Lords , the opinion of my Lord Tenterden , so much relied upon by the Solicitor-General , if strictly acted upon , would be sufficient grounds to convict any portion of society , who by force of arms or otherwise , attempted to effect any , the most minute change , not only in the form , but in the practice of Govorment .
My Lords , it is not within the compass of human nature , that all the prejudices so industriously circulated by the press and kept alive by the Crown , can have been discharged from the minds of the Jury . My Lords , much stress has been laid upon the fact of my having attempted to evade justice , but your Lordships will not fail to inform the Jury that the decision was coino to , not from a knowledge of my own guilt , but from tho complexion which the magistrates of Newport and the press had given to the crime with Which I waschsurg'sd .
My Lords , it will appear evident to your superior wisdom that the present moment is not just the time , when I can be supposed to be in possession of all that watchfulness , prudence , and judgment so essential for my defence , and , therefore , my Lords , I must implore the interposition of your clear perception , vigorous judgment , and allegiance to tbe lawn as a safeguard between mo and the vengeance of my prosecutors . I am innocent of tbe crime— So help me God . My Lords , I shall now attempt to deal with the principal facts relied upon by the Solicitor-General . Firstly—The meditated communication betweon the rioters of Newport and Birmingham , and the North of England and Scotland , by the stoppage of the Newport mail . Secondly—Tho substitution of an esecutive government at Newport , and Thirdly—The premeditated attack upon the Queen ' s troops .
With regard to tho first point , that of the communication to be established , if the Solicitor-General relies upon it , he must at' once abandon the idea that the demonstration at Newport was intended to be made in , the darkness of night , 1 think I shall be able to shew your Lordships tbe complete and utter folly that such a mode uf communication had ever been intended . The Solicitor-General avers that we were to have been in possession of the town by dayli ght Emery swears that the morning was to be ushered in by pro clamation . announcing John Frost as president
to this material fact I beg your Lordships most particular attention , that had so much of our plan been laid down with a confidence of success , would not the conspirators , above nil other arrangements , have prepared themselves with the immediate means of communication with the co-conspirators of Birmingham and the North ? Would they not have taken the shortest route by tho quickest mode of express , rather than nave relied upon that uncertainty which it has been proved , must bo attached to communication either by
nonarnval of the mail coach , or . the Newport post bags ? My Lords , the route from Newport to Birmingham by way of Bristol , ia a round of between thirty and forty miles . Tho communication from Newport to Birmingham , by the shortest route , could have been effected in less than se » en hours . If , therefore , it had been in contemplation to attack Newport with a certainty of success , the intelligence could have been made known at Birmingham , at nine o ' clock on Monday morning , and to persons who had been specially selected for receiving it .
If , on the other hand , the attack was to have been made in the morning , the intellinenco could have been communicated to Birmingham before the . Newport mail could even arrive at Bristol ; and why , my Lords , withhold this important communication from the people of Bristol , who . from the p : Tiod of the Reform riots , must have been supposed to have been well affected towards tho general undertaking ? Again , my Lords , is it within the scope of human credulity that preparations for so desperate an undertaking , if arranged , and waiting merely for the announcement of our attempt , would it not have been productive of some outbreak at Birmingham , tho North of England , and Scotland *
My Lords , the Crown should have proved some unusual uneasiness and excitement to have existed at Birmingham , with regard to the arrival of the Newport mail ; and if , my Lords , this excitement could have been withheld from the vigilant authorities , and if the non-arrival of the post is relied upon , it was quite within the powor of the Crown to have proved , by the Postmaster of Birmingham , that unusual and anxious applications were made to him as to the arrival of the Newport " letters . Your Lordships will then see that a communication by express might have been made in seven hours , while intelligence by the non-arrival of the mail could not have betu conveyed in less than thirty houra from the period at which the Solicitor-General dates the attack upon Newport to have been meditated . Again , my-Lotds-, -afcy Wp . w ,. « p tb * bridge at all , and thus cut off so important , and the only mode-of cora- ^ munication between the insurgents and other parts of the country ?
I now come , my Lords , to a consideration of the second fwpt relied upon by the Solicitor-General—the substitution of an executive government for thai which at present exists in tUiB country . My Lords , was not the witness Emery before the magistrates , and before your Lordships sworn to tell the tchoU truth , and can your Lordships conceive anything more improbable than the withholding that information which , of itself , if true , would be ufiicient to establish tho erime of High Treason ? Tour Lordships will , no doubt , lay the necessary stress upon this portion of the evidence in your charge to the Jury . ¦ 6 I now come , my Lords , to the consideration of the third , and , perhaps , most important fact relied upon by the Solicitor-General—the premeditated attack upon Her Majesty's troopa .
The witness Williams distinctly swears that be saw Sergeant Daly in his regimentals attempting to shut the door of the hotel , and was visible to alL Now , my Lords , if this evidence were true , if it could be true , wonld the proof of so important a fact have been allowed to rest upon Unreasoning and conehttion * of Captain Gr » y and Sir Thomas Phillips— -wonld not the special constables ( who had been closely examined as to their observations upon , and knowledge of what occurred in the passage ) baire deposed to this important fact , but , iny Lords , ia the thing pwtible * Had not Capt Gray and Sir Thos . Phillips dearly proved that , from tha
eommenoement , Sergeant Daly was wpanded and removed from the conflict . Not one other witness ^ either upon ^ trial of Mr . Frost , or upon my trial , tta deposed to this uT * m ** nt fact , and although I deny that any of the occurrence . - which took place at the Westgate Inn can be given in en ^ f ?* "gainst me , without a pioof of previous concert wlta : ?***> Parties *» to tbe fret , yet my lords , allow ins , fora mC * ^* ' * ° KMOn S " 6-«* Uy upon the improbability , if nojr * 1 * 6 NpoatibUity ^ of the people having any knowledge thu *¦** n * 11 ^ werestatione 4 in the Westgate Inn . WilUams has sworn that the windows of th ? ^ menial Hotel were open , through one of which * "
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attempted to make hts escape . That the soldiers were not there in the Commercial Room is evident—that they , were not In the passage has been clearly established—the presumption must be , then , that they were in the room , the shutters of which were dosed . The boys , Rees andColea , have svorn that they communicated the fact of the soldiers being in the Hotel to Mr . Frost Is it , then , to be supposed that so larire a crowd of people K would have assembled before the very ^ "JT ' ^ 6 ^ he 80 ldie were known to Have been stationed , without the slightest caution being given to those , many of whom have been sworn to pass with their sides towards the soldiers they intended to attack ? Witnesses for the prosecution have sworn to many things uttered by the insurgents , but not a word aa to the soldiers being concealed . No caution given—no remonstrance to beware of the soldiers—no knowledge expressed of their presence . . . . " " . ' '
So much , my Lords , in refutation of the three principal facts relied upon by the Solicitor-General . Now , my Lords , I come to a consideration of those points which will be most material for my own defence . It is supposed that Mr . Frost , Mr . Joiies , of Pontypool , and myself , entered into a conspiracy for the purpose of overthrowing the Queon ' 9 power in this country . My Lords , it is material that the time at which I last saw Mr . Frost and Mr Jones should be kept clearly in view . Mr . Pugh , the landlord of the Coach and Horses , at Blackwood , first brings me into company with Mr . Frost and Mr . Jones . Tha place of meeting
is open to all—no restriction , and although a publichouse , and no refreshment being called for , yet is well known to be the usual place of meeting of the Chartists . This meeting occurred on Friday , the 1 st of November ; from which period to the present moment , I have not been proved to have been in company either with Mr . Frost or Mr . Jones , and here your Lordships will have minutely to consider the irreconcilable evidence which has been brought to bear upon the general scheme . Does not the witness , Emery , divulge us a plan laid down by Jones in his division , and swears to the intention of the establishment of an executive government ?
Hodge deposes to the plans laid down by Mr . Frost , which goes no farther than an attack upon Newport . The boys , Rees and Coles , deposed to the knowledge that Mr . Frost had heard of the . Westgate being occupied by the soldiers . Here , then , it is shown a variety of plans did exist , but not one of which I have been connected with by previous concert—either by arrangement or correspondence , and it now becomes my duty to disconnect myself altogether with any intention of attacking the soldiers . Bowen , one of the witnesses of the Crown , has sworn that in answer to a person who ' had remarked upon the possibility of the people coming into contact with the soldiers , that I said , " If so fie the soldiers should be so cruel as to fire upon the people , that then they were to do the best they could . " Your Lordships will at once see that " tlie best they could " had reference to the safety and escape of the people , and not to the destruction of the soldiery .
My Lords , Reynolds , whose name has been frequently mentioned in this prosecution , but who has not been produced , appears to have been the first person who introduced the name of the soldiers . Why has he not been produced ? Having thus disconnected myself with any evidence which establish either the ulterior object , or the means by which that object was to be effected , I shall now consider the want of concert which seems to have existed as to the bringing up of the several divisions . Here again the Solicitor-General laid great stress upon the fact that Newport was to be attacked at two o ' clock in the morning ; you have it in evidence that I did not leave the neighbourhood of my own residence ( a distance of twenty-two miles from Newport ) until twelve o'clock at night This only becomes important as an answer to the Solicitor-General , who would change the character of crime of a moral exhibition to that of High Treason .
If the object of the united parties had been directed to the establishment of a Republic or to the possession of Newport , as an intermediate step , would it not have been necessary , or , if not necessrry , would it not have been likely that the general object would have been communicated to all ? . The witness Hawkins has deposed to the fact of my being -well supplied with cartridges , whilst the witness Saunders swears that I was supplied by a man with the hern with a bullet , that 1 was compelled to pare down to the size of my pistol ; thus showing that the man who had the arms wanted ammunition , and tbe man who had the ammunition has nut been proved to have been in possession of arms . The witness Saunders swears to having been pressed by me with a loaded pistol presented to his breast , aud he subsequently acknowledges tne voluntary service which he rendered in pressing others .
There does not appear , in the first instance , to have been the slightest compulsion used towards this wituess , who appears to have gone alone into the back parlour where my son , he swears , gave him a Chartist ticket ; and all along the line of road he has showed that many opportunities were furnished for his escape . The witness Hodge does not appear , upon his evidence in the trial of Mr . Frost , to have said one word about tho important fact of putting back his clock to half-past eight If , my Lords , the crime of high treason can hp established upon proofs so vague—upon facts so irreconcilable—then does Uie law of treason * , which w ^ s intended as well for the Jh-otection of the Monarches character , as for the aubje ^' e life , become a farce and a mockery .
My Lords , I have not in any respect been brought into company or contact with ei&er Mr . Frost or Mr . Jones , later than Friday , the 1 st of Nevember , and upon that day all the charges against me only exist in the imagination of the Solicitor-General . Suppose , my Lords , that all the evidence adduced against me is admissible and incontrovertible , would any act or declaration of mine proved by the witnesses , amount to the crime of high treason ? No ! my Lords , but that is not the charge upon which I shall be tried . I shall be tried , my Lords , by the odium in which one class holds the principles of another class , and I may be condemned to die in mo , for the advocacy of those principles which in 1841 may form the basis of the constitution of the country .
My Lords , contrast the cases of Lord George Gordon Tooke , Hardy , and Thelwall , Watson , the younger , ' and Quigley—every one of whom were acquitted , witu my cose ; and say whether or not the improvement of the law has been commensurate with the other vast improvements which have taken plac « . My Lords , if it be treason to be a Chartist , I am a traitor ! If -t be treason to l » vo peace , I am a traitor ; but , my Lords , if allegiance consists in the preservation of peace * the establishment of order , and in the protection of sound institutions , then I am not a traitor .
Having thus laid before your Lordships the evidence upon which I am charged , I beg solemnly , but submissively and respectfully , to protest against any portion of the evidence being laid before the Jury , inasmuch ' as the law has net been complied with ; and further , that I do not waive or abandon the omission of that strictness which the statute enjoins , but which has not been complied with . I therefore again solemnly deny the right of the Court , as I have not hod that means of defence to which the law entitles me . Such , my Lords , are the facts and the observations to which I beg respectfully to call the attention of the Court
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SCOTLAND . AnBEDEEK . —The address to her Majesty in behalf of Frost has been carried unanimously at a great meeting here . The utmost enthusiasm prevailed , and in the course of a few days , there will be more signatures attached to it , than any address or petition ever got up here ; other places in our vicinity are meeting for the same objeot . Frost must be saved . Chaktibt Movement . —Dundee . —At a public meeting of the Dundee Youth ' s UniversalSuffrage Association , held inMr . Burn ' s " 'Rooms , on the I 7 th January , for the purpose of . taking ; into consider ation what
steps ought to be taken on such an awful emorgenoy ; the following resolutions were moved and seconded , and unanimously agreed tot- —I . ** That we , the youths of Dundee , in public meeting assembled , consider the late disturbances in Wales has been occasioned solely on account of a bad and corrupt Government endeavouring to subvert the people for doing nothing bat demanding just and equal rights , which every Briton ought to possess andtnrther , we are of opinion , that until we are fairly and justly represented in the Commons * House ot Parliament , peace and happiness will never reign in these realms . ' 2 . " That this meeting are determined to use every means in their power , to forward the pnueiples contained in the National Petition and 8 wiarter
reopie- . " 3 . That we consider it a duty v ? * ^ ! H » M Cnartists , to assist in , resioriBg Mr . Frost and others , engaged in the late disturbances in Wales , to the bosoms of their wives and families . " 4 . That the meeting do consider it requisite that we meet nightly to hear the news of the day read from eonw dailV paper , and we will not desistirom meeting until Mr . Frost and the rest of lh <» $ dBh Patriots , get a full and free pardon " h l 1 ^* we « ° nfflder the agitation for theTrepeal of the Corn Laws at present as hurtful to the ¦ resent agitation for our political rights , and that we discountenance all such agitations . " f . That Zl memoraliae the Queen iu behalf of Mr . FrosJ an other prisoners . ' . VD '
* i . tf * i "H ^ L ~ " 1 fe Harney addressed amortunrof the Radical ! on Wednesday morning , Jan &VM # H . dwelt chiefly upon the question of the Ck > mL »* and the propriety of seeking tho aid of tlW mW 3 le classes , showing that it was the true polie ^ of working men to agitate forithe Charter tip * £ ole Charter , and wtfling Uss than the Charter ^ S address gave great satidaction , and wiswarnS ^^ mZ ^^ &M ^ sSbSISp " * *™ ¦«?* # ** £ * -
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Laharkshim UKivsasAi ; Suffrage AssocjATrfik -We have much pleasure > announcing the fo * mation ^ of a Connty Association , nnder the abow title . Circumstances over which we bad no control alone prevented us from giving , before this time . an outline of the delegates from the various dittrictsof LAtiarkshire , and from trades , shops , and factories , who held their third meeting , on Tuesday evening last ., in the Hall , College Open , for th » purpose of reviewing the business of the previo « meeting , and for the final arrangement of the plan of organisation . We can only regret that thi County has not been the first to move in this important matter . Other counties have preceded us la carrying into effect the resolutions passed at tbV great meeting of Scottish delegates , held in theDov * - mil . However , the SDirit diani&vml hv the , ( taw **** ' ——— . ^ . ^ ¦^»^——w ^ s ^ sm .
and the persevering and praiseworthy manner in , which they patiently , calmly , and deliberately trans-M , , raes 9 'S iw w good reason to believe , that thoagh last , the Radicals of Lanarkshire wilt not be least nor tho most inactive in Scotland , tocarry into immediate practical operation the excelent plan now before them . The following fe a brief outline of the whole - uf the proceeding at the tfare *' difterent meetings . Tho Hall , College Open , has uniformly been the place of meeting . On Wednesday tho preliminary meeting was held , at which there wai a good muster of country delegates . On being appointed to the chair , Mr . Hanilton . of StanehrmiT
delivered a neat aud appropriate address on th * mrport of the meeting , aud impressed upon the delegates to enter into the discussion of the b ^ inew " with a becoming spirit of deliberation . Mr . A . i > l iauyen was then appointed secretary . Th » chairman having read the circular calling th » meeting , the names of the delegates present wer » taken down , and the meeting constituted . Mr . W : C . Pattison then stated that the first question which the delegates had to discuss , and the ostensible object of the meeting , was the organization of Lanarkshire . This could only be done in two ways , and the delegates , he thought , should giv » their opinions on the subject individually as to what was the best basis on which it could be established .
One plan was that of having all the county into one General Association , with one uniform ticket , and the office-bearers of this General Association to form the centre . The other plan was to allow the Associations to remain as they were at present , and appoint delegates to form a central committee . Ia either of these cases communication sould be . kept . sp with the different districts without infringing th « corresponding aot—in the one case , as all the members would form only one Association ; and in tha other , through the delegates , who would likewise form another Association . The first he looked upon
as the best plan ; but he did not wish to reccommend anyone , and he had no instructions to do so frem the people of Glasgow whom he represented , as they were unwilling to be thought to offer the least dictation to the delegates . He thought the delegates should state individually what were their instructions on this question . The Delegates unanimously gave their opinions hi favonr . of forming the County into one general Association , and letters from several places were read , all approving of the same system of organization , witit the exception of Hamilton . After a long discussion , this , and a number of other arrangements westagreed to , when the meeting adjourned .
Dundee Meeting in Behalf ov Mb . Faostv—On Saturday last , the news of the jury having returned a verdict of guilty against Mr . Frost , arrived here . A meeting of the Democratic Council was immediately called ; when a . committee was appointed to' draw up a series of resolutions , and to prepare for a public meeting . . Accordingly , on Monday evening , a large meeting was held in th » Watt Institution Hall , where the following resolulutions were proposed by Mr . Bowie , in one of ttaoBr truly eloquent speeches which generally characterW tho public orations of this individual—Jlesolved , 1 st , That the verdict of guilty of high treason , brought in by Mr . Frost ' s Jury , is , in our opinion , grossly inconsistent with the evidence adduced , and
altogether such a verdict as no reasonable man could expect—exciting in the bosoms of all good men , ftelings of deep commisaeration aud regret , and the effects of which ought to be averted by every meant in our power . —2 d . That we , the Chartists of Dundee , feel ourselves called upon to elert all our energies to avert « ucn a catastrophe , as the violent and ignfi * minons death of Mr . Frost wonld inflict upon this unhappy , miserable , distracted , and mi « -Koverhed country . —3 rd . That the Chartists of Dundee , both individually and collectively , hereby pledge them , selves to assist their brethren , in Scotland , England , and VValsF , to obtain what justice imperatively demands in procnriDg the liberty of the prwonens and the obtaining their just rights at all hazards—cos »
weal , coma woe—and never to desist until titftji effect their rijfhteonH , glorious , and godlike resolves . —4 th . Tkat the Chartists meat nightly in tfdinl eonv ^ nknt place , where the news may ba read , an * wh » re the necessary measures may be concocted with all possible dispitch , for the accomplishment oftliH object they have in view . —5 th . That we , u Chartists , deeply deplore , and utter our sineerB condolence , fnr tbe unhappy situation of the honest and patriotic Frost , his virtuous wife and excelldal family , and earnestly , hope they will be enabled * !»• bear np un « er tfeir pre # ent tfBictedh condition , tad we trust th « y will soon experience a full delives * ance from all their troubles . —6 th . That wemenifl * rializ * her Majesty in Mr . Frost ' * behalf . TJUf » resolutions were unanimously adopted .
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' Wilful Murder . —A murder under very extra * ordinary circumstances , and without any assignable motive , was perpetrated at Seend , about five mile * from Devises , on Thursday eveniug last . The un . fortunate man who was murdered was named Jainei Heritage , a labourer of Seend : he was an orphan about , twenty-two years of age ,, and unmarried . Isaac Frceme , the person charged with the murder ^ was under-gardener to Mr . Ludlow Bruges , is be- ^ tween 20 and 30 years of age * and has a wife and three small ehUdren—his wife expecting shortly t » be confined with the fourth . The deceased is represented by his neighbours to have been a very peaoaable , well-conducted , aud industrious young man ; and generally beloved . Freeme , on the other hand ! -
it , is stated , wan sullen and morose when sober ; and quarrelsome and violent when in liquor . Other persons speak highly of his character . They wert first cousins , and from what we can learn , ne ? er had a quarrel with each other—the deceased declaring a very short time before his death . he did not think that Freeme could have borne ^ a anyillwil . The were at they Bell Inn , atSeendi on 1 hurMlay evening : but although they sat . i » the same room , they did not drink together ; and they had very little conversation with each otherce-tamly no quarrel . Freeme left the house fttst ( about half past nine ) , and , it is stated , was i * liquor . Upon getting Outside the house , he'began-- - to quarrel with different persons who wera thiwL
and challenged them tofight . A man named Pearoa * after Borne hesitation , accepted hiV challenge , * 5 l reai-ce knocked him , down two or three times , and otherwise punished him . Freeme shortly wen * towards his home , which ib on the Trowbridjre road ! ani at about the same time Heritage appears to ham left the- Bell , and to have proceeded in the sain * direction towards his home . Which waa beforeibl other , does not appear quite clear . They , howereR came up with each other in tbe middle of Seend-hilL and gome words ensued between them .- At tS 'bottom of tfcebill , Heritage , " dubious whatFreenS would do to him " gofover a stile into a field . A few yardB from the stile was a gate , which wi « qpea , and Freeme by this means «•<>* itith tS
leld almost as soon a * Heritage , and going nVfr him , knocked him down , and stabbed him in thi neck ... Freeme says that Heritage struck hul nrst ; but if Heritage ' s dying declarations canW credited , he never struck him at all . Irnnwdiately after the deed was done , Freeme called > W assistance , of a neighbour ; and , in answer Uriquestion from fhis nejghbour . said- ^ tt was I ' thltv did it—I killedJinfi as < ie > d ;* & anlt . " He aft < £ wards assisted Heritage to a stable , and then wepsl home with his wife . On the following momiiJftA *; attended his work as usual , and observed totti coachman that he had fought ^ withj attd killed , a " man on the night before , and expected to be taBm * up for it . He was apprehended during ; the dayv Heritage lingered until Saturday evening . It i % ¦ remarkable circumstance that HeriS wore * * ' smock-frock when he left the Bell i anfthatwnW
first seen by a neighbour , after he had been stabbttr te had neither hat nor smock-froc * on ; btfrS lying on the groundinhis shirtsleeves . TheswSfrock was afterwardsfonnd on the style , andhSE « on the ground . Had the frock been taken froK nnT ^* & *¦ l > * 4 fc ^ ounded * iBSSSt-^\ Tk T ^ r ^ T f * ' nuurks ofblood upon it as te bled profusely , afid nis shirt and wSat were covered witn , wood : but it bore nnilhs SF'V'ft " * P * - ** * tt ^ Tataell f ^^ & ^ Aw ^ h ^ totoii ibia , with the Tjewof ' fighting ; Freeme—especially as Ereeme ' r smock-frockjiras ^ aso lyin ^ in the roid . It feiert « inly an extraordinary cironmstance . Freemeiral no doubt labouringjinder considerable irrttatioi at S ^^ tT ^ J £ ?» «»• Jk » t ne had drank , W Mrofrom thev punishment he had receivwfW rearee . —Devises Gazette .
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! ^ ^ e arn from New York , that » memorjate tMMt * pbe , presented to congress , in-the entpDg Bession , calling on the . government to adopt the )*© - joct of a canal through tho Isthmus of PanfBta i effecting a junoiton betwixt the Atlantic andPinV Pceans ; and that there is every prospect « p& ' great and long-agitated scheme being at U * g& realised , ' ¦ - , ¦ : ¦ ¦ ¦•• . ' ¦ ¦" .- " ¦ - . ¦ ; , | . ? - ' , A . FiuTOtfLBjrr Barkbttpt pf Mtoohesteriwl * J » d fled . to Sydaeyi New South Wales , « ad | lift trading there nnder aftlse name , has lately hid tbt CommiBsionera' warrant executed iipwiiltitfby * Sheriff ' s © ffloer of Birmingham , - and vr&ertY worth jei ^ i beddM valuable ^ a ^ . womoi ¦ ¦ ¦¦*¦ " ¦ ¦ ' ¦ - ' ( y ' y ¦ ¦
Defence Of Zephaniah Williams.
DEFENCE OF ZEPHANIAH WILLIAMS .
State Triaili*/ ^' State Trtaxsl* *" ' " "
STATE TRIAiLi */ ^' STATE TRTAXSl * * " ' " "
C^Artfet Iibfobemente.
C ^ artfet iiBfobemente .
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$ ; ^ fe .- ¦ : TU % N 0 JL 3 P |[ EJty , ^ ^ AR - •;
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Citation
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Northern Star (1837-1852), Jan. 25, 1840, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/king-y1kbzq92ze2668/page/6/
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