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    { Continued from our Sixth page . ) Lordahip , and to the tims of this Court , in troubling you with what I late already » &id ; tut , xny lord , I shall be enabled to show that there i « iiideed a conepirasy in this country—that there is a eonfpiracy amonggt certain parties , to oppress , to overwhelm , and to crush me . I shall be enabled to show tout Lordship and the Jcry ; and thin 1 think I shall be entitled to do , to diaabusa the m ; nd » of the Jury of the prejudice which has been instilled into their mind * , that ever since I bfgan to advocate the repeal of the Poor La . * Amendment Act , an 4 the amelioration of tie Factory System , 1 have been marked by the press m the hands of her Majesty ' s Governmentand represented to

    , ths cenntry as one of the basegt and mo » t crimiaal of men . My Lord , it is impossible for publications of this nature to have existed , as they do exist , -without the minds of this jury being prejudiced ; and I do conceive , therefore , that 1 am entitled on this occasion to read to your lordship aiid the jsry a faw extract * from § ome newspapers ia ~ tha pay of the administration ; in -which this description of character has been applied to ae ; rot occasionally , loosely , or genprally by the pre *» alore , but by the very parties ¦ who are the prosecutors in thi * case . If lean suow that the government now prosecuting me has aa » idiou » 3 y persisted , and continuously endeavoured to prejudice the public mind agmins : me , it is- my Lord , u priori , an argument that I am not the kind of man i have

    been represented to be , and that thii is not a bonafide prosecution , batone got up for tie purpose of crushing a man by false pretences and notl > y the factg of thecas * . My Lore , in the Morning Chronicle of lie 10 : h of Nov . 1837 , it is staled that tha toried had been tampering—my Lord , you see that this is a political p .-osecotion from beginning to end—the rorie * had been tampering with the m&Euiactaring dieses . Mr . Stephen * hsre read an eitrsct from the Morning CArmicU . * 1 grre that as a specimen of th « spirit and manner in which my speeches ind discourses are professed to hare been mad-, and are actnaBy recorded . Of the inferences that are tfctu wilfully and maliriouily made to be deduced from thes- supposed and

    in-¦ verted premises , and of the exhortations which are delivered in thoie address *? , tending to \ e&i as the Chronicle observes , men of property in my ceighboorhc-o 4 , rerj narrowly to look after m * . Gentlemen , you h * Te seen to-day , you hare had a proof today , tr . at the men property , " the member of two families have very narrowly looked after mo on this occasior , for it will be for you to sav , by and bye . whether you believe the statements they hate delivered in the Ceurt . And then , my Lord , in the Globe o ? the 2 " th of 2 > ov . last , immediately alter some disturbances thai took place at Todmorden , a town at which I nerer was bot once or twice , perhaps twice at most , there appeared a statement accusing me as the cau * e of tne serious riots at

    Todmorsei ! : — 11 ecEuequeiieet of frhith fell upon tie poor deluded people who k » d bees gonied iato deed * of riol-nce by O'Connor , Kielden , Stepheaa , » nd O » st 5 er , xni iheii » gent « for « imil » r parpo * ti . On their bead * iiionld f »! l the he » vie « t punishmeai ; ih * y » re most * j * ared ! j foremost in the crime . " So say I , my Lord- On the Leads of thosa foremost in the crime let tie punishment eome down . On tke heads of those men whose opinions , whose teachings , whoss instructions hare led to a breach of the good old laws of this country , let , I will not say the just punishment , but let tne vengeance of the law , wlu .-se * -vindicator" the Learned Attcrney-Gefieral is upon the nraseEt occasion—let "tke

    "vengeance of the law descend in thunderbolt * to crrsh them , for they are indeed a moral pestilence—they they are indeed a nuisance in society . Bat , my Lord , and Gentlemen of tie Jury , if "[ were a man of this description—if this had been the tenour and tendency of sxy yyeecies—and of my exhortatiens , as I sai < l to you before , tie Attorney-General has materials abrmdaec for the purpose of instituting a prosecution agaiciitiEe ; but no , my Lord , the law cannot be " vindicated" in that " way , Tiecause I shauld then have an opportunity of stating fairly , impartially and fullj , in black and whit ? , what cannot be mistaken , ' without calling witne # ? e * to twear that I spoke 23 or 3 U minutes , and who oiilv recollect what I , * aid within three minutes ' ;

    that all the rest had escaped their recollec tion—that they could not bring forward another sentence—another * trirg of words—not eren a conjunction or a preposition , or even to much as a note o / admiraiion . No , my Lord , to such TODierfuges miserable and paltry , ' and 1 wou ! d add disgraceful , they ere compelled to have recourse in orcer to crush one , if not one of their most imporfaa ? , certainly one of their m-wt determined and most deadly enemies . Why . my Lord , to iHch a length has this Government gone , thst in anoiher incicone-nt at Liverpool to which I * ha ]] bare to appear , and lo which I snad hare to answer by and bje , as soon a * thia Jury has released me . Hi ' s stated * in rim indictment that in the midst of mr

    discourse , the Re-r . Gentltmen made a pitis ? , and gave a nod or motion , raeax » n § so and so , and * o and so , to the rabremon of tha law * and dignity of oar Sovereign Lady the Queen , her crown and oigsity , and all the rest of it . No » , G : ntlemeii , you casnot believe , it is impossible for any moral a ^ ent to beiieve , that if the ob ^ t of the Auorney-General was to " vindicate th « s law , " he wonltl be compelled in the nadst of all my discourses , accounts of which have been reported by the pres * , it will be impossible for him not to build the prosecution on tfcose &edidous discour ?<» s . ii he co-old succeed in

    proving them so . Bnt it is the consciousness , the certainty that ha wocld not sseeeed in obtaining a convietion that compels him to have recourse to this triflirg . and I will add , this trumpery prosecution . I will now read to yonr Lordship and the Jury the paragraph out of which these prosecutions originally srese . and without which , that is to say without tte prejudices created in coaj-eqnence of it , and the general feeling raised against me throughout the country , the Attorney-General wopld not e-ren have dared to ccme down * to Chester with this prosecation . In the Manchester Guardian of the 12 th c-i

    December , foar days after the burning of Mr . Jowett ' s mill , appeared the following article , which was copied into tke London press , and tkrougb them all the provincial prew generally . Here Mr . Stephen * read an arc els from tb » Manchester Irua ' rdian . charging ibe fire of Jowett ' s Mill upon , as the affect of his speeches or instigations . It waj to bring un-ier your nonce that paragraph that i reai to you the whole of this article , a cor .-iiderable portion of it notbeericgon the qnr * "icn "before yoa , in order that yon might see no : otdy the specific charge tiui l&ii against me by the eiitor of this newspaper , writis ? , a * he s&ys , from

    iaiorma-• uoe . coinm-aiiicaied to him , but that yoi IU ' . jjht also * se the epiritin which he c ^ mmenta on my proceedings , ana the language which he puu into my mou < h , iaoguage wLicb , &s h ^ put * it , 1 ieed _ not tel ] yoa 1 neter uttered , and widen no man in his senses could utter . Immediately after this , for this Gentlemen is only a simple of scores and hundreds of newspapers which ' I might produce be / ore yon if it were necessary ; bat I hasten to direct yonr attention to another article reported in all the papers at the time—a speech said to be delivered by one of beT Majesty > Govercment , the Government which Li now prosecuting me on the present occasion . Mr . Foi Mauie

    saii" That » o long as vheir lansniage -stm moderate , » nd iheiictions &K 8 from rioleisc * , the Government * U » wed ti ? m to g » on nEBic ' ested . Th"j had now proceeded to inrendbrv luiyoage acl to * oti violent teeit , » nfl th » t )» njriiaKe » ntS these doctriijes ixving been re » li « ed » t Ashten by the bnmine of » fac : orT . il m impa « si >!? th % : it eonld be » lio- ! ted uSgrr to yAente the violent deed * ef Mr . Stepbsm * BU ftli fsiloirer * . ' ' Now , gentlemen . I tell the Hon . Fox Manlp , and with him the L- amid and Hon . Attomey-G nera ? , that when largu age is employed ecccrding to his leving down ot the law , hanng a direct and necessary , and , as he saj ^ . an inevitable tendency to lead to acts of violence ; I t-11 them that it is the duty of her Maje * ty ' i Government—that h » r Majesty ' s

    GoYerasaent would be racst culpable and tsnworthy of her coj - Hdeace if they did not act upon that duty to prosecute the ruffian who bad thu * not only outraged pubdc decency , but had hsld « p ali the law » , and all the safeguards of persons and property , to tfcii species of " contempt , nay , according to their account , had gone so far as to excite the people to destroy tfee property and to endanger the lives of her Majesty's peaceable subject *' . It would ha highly cilpable in me were I not to bring before your nodes expressions -wkich are sai i tobavr > falle ' a from the bps , not of an individual in the heat of public debate in a distant pla : e from from thfl scene—from the lips not of an individual ctAlecting his information and receiving the tincture

    of his opinions and prejudices from hearsay evidence asd from common romour , but filling from the lips ot * a gentleman of BtatioD , equal to that of yonio » n iateliWenee too—a man whose ntu&taon and intelligence have been eoasiderad worthy to place him on the magiswrial bench—a gentleman , mj Lord , wno , at the period of my first arreet , was one of my Judges , and who in the interval of my first and second examination , to which I was sabjected at Manchester , io the interval of these proceedings pendin . 2 the investigation upon which my liberty and character , dearer than liberty , was dependingthat Gentltmzn is reported to hare- given utterance charged

    to the folio Jring expression * , and with being with the mteratce of these sentimenW wjtnout even taking any scps to deny tbem . This was a : a public dinner at Hyde , on the 31 st December , I having been arrested on ths 2 "th of Dscember , and havmg to appear again at the New Bailey , 1 think on the 2 nd of Jarsary . In the interval between the two examinations , this gentleman , one of my Judges , at this , to me . most critica" period , is Teported tfius to have delivered himself at a public meeting ia the very town where this prosaeation haa emanated— -p the" very to-am , on whose Beichof Jcsace > ,-he win the hatii : Gf sitting—Captain Clarke , wee of the hyce , > iagiitrstei sal :: — •¦ Tiisrewa U . ii : i ^ rr . ct a S-.- ra . ni —? dcx-. 'Ti ?' ng ibiu : i . l-xh . ^ - * i ^ -i = \ -r p = Ucc ia tte minis of it ,---- v . rcm i-s d ? :-: ¦ •; . ! . " h ^ -Mi i ; . c- —e aict . - . in lie ; .: u-.-s ^ ¦ - « t ?

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    m the eavi ^ le ciunwter of » Wetierwi Mrthodiit : bnt that only ijhewed tke «* th » t the a « ril hinwelf migbt come before them m the gwb of » Chrwtian Minuter . There were people who thought tke man wu lincere , bot he eonld not tor nil lite be m » de to believe it . If be wer « telling the tnitk , then how did it happen tkat tke une parties believed hits to be telling Ihe trntn now ? Certainly it wan trua that he toak in aU » ccuni « d handi « he book of ( rod , and it vru cqua !! / true that he wlected p&sugci with the view of aidi » g bis wicked Purpose . Certainly it wa « a fact now too plain to be nirander » to » d that he had connatUei hia ielnftsd followen to destroy faetories , and bnrn down eottagei ia that dittrict , as many u tnej could fane ; ; and ikis with the Bible beiore him . " Now , said the Captain , imitating the example oC QuintiBs Cardtu : —

    " If the life of a fellow-ewafare were all that wretched munsttd , if ko wonld spare the cottages of ibe peacefetl operative * , and to allow them quietly t « furniah fooi for their wive * and children—if he would be satisfied with one life—if the sacrifice of one tingle life could rntore peace , comfort , and happineai in the tluirict , hia lite eouli not fall in a better canae , " placing hia hand -upon hia left " bre&ft , amid , long and continued cheering . Gentlemen , I pnt it to you whether any man can have a fair trial under circumstances of this description . If the magistrates of Hyde—and whrre is Captain Clarke on the present ccsasion ? Where is Mr . Howard , another

    magistrate , and recently a friend of mine i W hers w Mr , Atfhton , who has sent his son to represent him ? Where are the magistrates and the legal jToardiana of the peace and tranquillity of that dictrict } If 1 had been a man of tua . deReripUcm , BO doabr you would bare had those men in that box today ; bat for ce .-taia reasons those gentlemen have krpt away , and yoa have ocly had such individuals as tho » - ¦» who appeared ia that " box . My Lord , Parliament assembled in the month of February last , a little better than a month after roy arrest , and the Q . j&en from the throne was made lo give utterance to Ute following sentiments : —

    "I have obwrred with pain the p- rsevering < fforU that have been made in tome parts of the country to excite my object * to dwsbedifnee and retutance to tke lawn , » nd to recomsieni duigprott * and ilWal practical . For the connwraetion of nil » uch ditigm , I depend cpon the "tn-tgih ef tA * law wkich it will be my duty to en ' orte upon the go « d * eu »* aad right disponition of lay peftple ; » nd open the attacknent to the principles of jmuce and their abhorrenc « cf violence and diaorder . " I shonld not i » ve re& ^ that paragraph to the jury \ D the supposition that ^ ack an humDle individDal ai myself could have drawn down the solemn auger of tie monarch of thfs » re&lmy , wwv i : not contended in the debate en that occasion that the

    members ol both Houses of Parliament distinctly understood that I was one of the individuals , at l * a . st \ hvti pointed our in her Majesty ' s address . My Lord , failine in -this systemitic and persrverinjf misrepresentation of my principles and moaves and likewise of tha state of the district in which I reside , I tic 4 in the report—the first report of the Police Constabulary Commissioner * , very appropriately signed by Mr , Chadwick , Mr . Shaw Lefevre , brother of the Poor Law Commissioner , and by Jam-s Chadwick , secretary to the Board of Poor Law Commissioners , the following paragraph . It L * in page 15 " of that report : — Here the paragraph was read by the Rev . Defendant .

    Gestleisen , -what effects can this docTnneat have upon your minds , or even upon the minda ot persona prepossessed in favour of the prisoner before you ? Why , Gentlemen , if ay own father were in that box , whose principles I have imbibed , I should maintain that i : was impossible , in the nature of things , even from tsy own brother and lather , to be in the kabit of reading paragraphs of this description , not to entertain a strong prejudice aga cst me . Why , Gentlemen , you hare « en no reluctance on the part of witnesses to appear in that box . You have seen bo hesitation on the part of geutlemen of property . You haTe had none bat gentlemen of property m tha box to-day . Yon have i ; a 4 eo labouring men , no shopkeepers , no tradesmen . Yon have had none in the middle raiiks of life , apart from two families who are more or less interested witnesses on this occasion ; yet yr . n are to be told such is the dread—!< uch is tho fearfal alarra and state of apprehension existing in th « rai £ ds of men , that even gentlemen in

    her Majesty ' s Commission of the Peacs would not give evident : ? , except on condition that their nam t should be withheld . 1 do noi wonder at ttia ! All that u wished is for the information to go forward to the world without any inJorseovnt on the back of ir , or anybody to become responsible for the coosequences it involves , becanjJ the moment that aay responsibility appear * , then all alarm vaabhes , even fro : n the witnesses thetn »< elvef » , not one of whom haa sta-ed that he felt alarmed , even upon the occasion of tha : mee ' . ing . I vrsli euh trouble yocr Lordship with ancr . h-r pxtrac , which I bring forward along with the rect , Ainsply for the purpose of removing prejudice from the minds of the Jnrr , but , thocgh last of all of them , it is , my LurJ . br far the most important ; allow me to ado , with all coolce *? , the nust malignant . Yoa , my Lord , are aware that I stand here prosecuted at tne instance of her Majesty ' s Government ; tb . it comBannicatioiis of my proceedings have been made to the Home-office—communications

    which » peciaiW went to show the share 1 have had in what they have been pleaded to term an agitation , whichha * for it ? object the drstn . ction ot ii e and property . You -will bo aatorn . ihed when 1 tell you that 1 « m about to rea ^ bii extract from acpeech : rom the actual prosccator in th s case , from an inoividoal wko , j » - office and the character in -which stands the confidence of the Crown , I am sorry 1 cannot add in the cortiJ ^ nce of tke country , ought to have raised himself ix . finitely above any such attempt as this to put me doin by a side blow of this nature . I am about to show you . Gentlemen , it was not sufficient tha : this prosecution wa « as irregular upon the very face of it , as it vrss unconstitutional in its procedure : it wa $ Hot sufficientTkat the pubac prejudice g ^ osU be thus inci : t d against me by the press

    in the pay of the Government , and by many of the member / of that Government themselves , usque ad ? i : iuteum ; attacking my character in every possible wav , and exerting every effort to render me obnoxious to tke community ; it was not sufficient that the ordinary ccurse of the bar should be departed from , that tne talent and learning of the Attorney-General for the county shouli be passrd by , and that her Majesty's Attorney-General should come down pnrpose ' y to conduct thia prosecution against me , simply for th * pnrpose of vindicating tha law ; " & : 1 thi * wk not efficient , Gentlemen ; bnt , on the very eve of th se a ^ iz ? . * , and 1 presume after vc-u had resfived yoor sammoafe ;* to attend at this Court" well and truJv to trv , and an Lonf * t and cun > cit - -ntious

    verdict to give in these i « siie « , " you , Gentlem-n , in the habit of reading important Parliamenta ; y debatas . are to hav . i pas ^ sges of this kind laid before voo , purporting tv fall irorn Lard John Kuss-il , a witnew in tMs ca ? e : — Here the R ? t . Gentleman read from a psiper arecent tpeech of the little Lord' . " My LcTd , I will add nothii g further oh that head , and in tkat > i ! ape . Mviit clfar , indeed , is !! that no verdict can bo obtained in a court of justice unless m ^ ans like those I hava jnst laid before you had bpen resorted to . Yon perceive . Gentlemen , that for so long as two years ago , ap to the present hour , not only the public prfs . < , but members of her Majesty's gorernmenr , aye , and even that member of her Majesty ' s government at whose in * taacff I am prosecuted to-day

    are reported to have dor . e tvery thing in their power , by prejudicing the nv . nda of the country at large , and mv jnryin particular , to prev , nt evrn the moral pofgibiliiy o ! my having aiairand impartial trial . Gentlemrn , no cas ? of sedition has yet been made out , or the use of my sedition * ' angoagebeen proved . It i- * highly important , and I will add th » t in most instsnees , raj Lord , it is absolutelyneceas&r ? , and ought to be a fundamental question with the judge snd jurr , a sine qua non witn th « prosecution , that every means within the compass of reasonable po « - sibility had been and were rcsorwd to for Ihe purpo 83 of bringing the supposed off-nder to jnsiice . You have bren told , my lord , by > -er Majesty ' s secretary of state , thtt reporters could not be called , to give evidence , M they generally attended if t could nct be

    meetings on snfL-r&nce . Why , hey called who could be call-d—who is to be called ? 1 need not HI your Lordship bow exceedingly difficult it is , even in matter * of common importance smatters of the most trivial moment , how difficult it is for us to carry away a correct impression of that which has been commun icated to us . If we find this difficulty in ordinary occasion ? , if we find it nec s < arv in mere matters of basinet to have recourse to a memorandum book , or eome ardncialmode of refresniDg our memories , how much morem such a cass as this , in which your Lordship well knows that the omi *» ion of a single word , or the alteration of a single word , or even the omission of a single point or crmma might reverse the whole of what was said ; how much more was it necessary to have

    some competent anthoriry—some credible and undoubted testimony on which a jury and Court could rely . And are the liberties and the lives of Englishmen to hang suspended by a slender thread of _ evidencr , similar to that which ha * been brought into that box ? Are persons who tell you that they were a little elevated , but not so drunk that they could cot walk upright to the meeting ; are thosa the person * from whom a verdict , to Euit the little Goveramfint of a ^ reat nation , is to be derived ? Is the evidence o ! a person to be taken who tells you that he distinctly recollects all the rubbLh in an address about knights , banoerknights , fugkmen , powder-monkeys , and all the hand to head

    rest of it ; is evidence so got off from that it is fixed upon an unmoveable baris , tuat it refuses to be siaken by all cross-examination " , unvarying e * ea iu a letter , even to the smallest particia of Bpeech :-no , Gentlemen , that evidence could not be made to vary a single hair ' s breadth ; he could report verbatim et literatim , without one iot or tittle of difference , about knights and bauuerfcniebt * , and powder-monkey * , and all the rest of JVT b"t the m-ment I askei him « 1 ^ : 1 sila m any iite-m ^ iate p ! =-ce , in ar . v iav-rl ; tctcry ? -. >• - -. = gy , -il !( , ffliri . ' ^ , - 'i ^ ..-= = " - ; .- ; V ; « ' ^; . " !; r 7 ';; made to rec-i > c : . lae = i— - J — - - ' — ' _; ' ; ^ oi in the :- ' ? .- ¦' . o : t :.-. v ¦ : ; : ¦ .: V . ' .- ^ ; - brought it oe , to »^ u v . • r-i -----u ; - - >

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    what it was tending , the moment 1 ask him on what terms , on -what conditions , in wh ^ t way these word * are said to have been used , " non t > U ricordo . " he cannot remember a siagle sentence . No , Gentlemen , tis miad it blank and bin lips are ealed the moment I put it to him as to those things which he had heard at the meeting , but which had not bren drilled into him by this prosecution . This man ; mark it distinctly ; it is worthy of your observation ; this man with whom I had been on terms of intimacy ; thia man who knew me to be on term * of friendshi p in that neighbourhood with a magijtrat *" , until I took up the cause o { the little factory piecers , thirteen years of age ; thin witness , ti . e moment I a * k , knowing that he fe as be en acquainted with the facr , knowing that he has met me at private tables ;

    the moment i ask him , knowing that he na * seen me with gentlemen of property in that district ; the moment I ask him whether be tver heard me give utterance to anything having a tendency to the destruction of property , in a moment , my Lord , without considering for a single instant , in the twinkling of an eye , without any hesitation , he exclaims , " yej , I do . " GentJeaen of the jury , remember that . And what is it when it comes out ? You heve heard how glibly that witness could repeat the whole of it ; and yet when 1 took up casually a paper from this table containing a speech of Lord Brougham , in the Honne ot Lords , in which he represents me as using expressions precisely similar to tnoie spoken of by the witaes . * , when I ask him to repeat those words , the

    answer which he gives is simply this . " It ii impossible . " Gentlemen , not to be hard npon the witness ; I give him a latitude as wids as that [ would wish for myself , and asked him to rep .-at to yon the substance ot that sentence—the meaning it contains . ] asked him simply to give to you , having read it slowly and deliberately to him in your tearing , lacked him to give ma the substance only of that sentenco j and he answers in memorable terms , memorable in these ibsue * , and memorable , as I am sure it will be , in your wrdict . he answer * , "IT WOULD BE FOLLY TO ATTEMP T IT . " Now , gentlemen , I ask you whether that witness can be believed ? F ask you as moral agpnta , having mindn similar in tkeir original elements , but most dissimilar I hopd in their purposes and intentions with that of the

    witness ; I aik you , made & * man i * made , whether tbe testimony of that witness can be received in this court ? Ho can distinctl y recollect words which 1 am reported to have said full nine month * ago ; he take * no n ^ tes , he never writes down one werd , or in any way assists bis memory for the purpose of carrying a distinct recoil jetton of those word * , and sewn monttis , alter tbe meeting has elapsed he is called upon by the magistrates to give evidence ! He does not give that evidence * volnntarily ; he does iiot even go at his own opportunity to give evidence againat me as & dangerous man ; bat he is summoned two month * ajo ; and mark it , Gentlemen , he was summoned at the moment when the Leigh indictment broke down , and tbe Crown found it unadvjsable to trust such a case in the hand * of a

    British jury ; and when the whole of these transactions were lo be transferred from Lancaster to Cheshire , when the whole of this cms is to have * pt > rr ? r * ion given to it which I am sure yon will mark with your ttrongest cisapprobation , thia man i * summoned to give evidence under these circumstances , and at the period of 7 months afier the meeting had transpired !! I kare now read to him a few sentence * , and he says it would be folly to attempt to give you the substance , used by LorJ Brougham , and said to have been uttered by him . His answer if , on being asked to give the enbstance of that s ? ntence , No ; it mould be FOLLY to attempt it . " Gentlemen , the whole of this evidence has been of the same description precisely a ? it was in th * case brought from thj town of L ? i ? h . Witnesses can remember this ,

    but they cannot remember that . Tliey can bring into Court a great deal about " powder monkeys " and " banner-meD , " and " torch-men , " and " " fading them oc , " and '' rising up armed , " and '' ready and prepared , " and " being in the possession ot arms cf defence , " All this they can distinctly recollect ; but the occasion , the cause , meaning , the drifr , and intention ot the whole , goppo « ioK it to have been said , are very conveniently obliterated from t ; -e recollection of these witnesses . Gentlemen , I put it to yon whether , as reasonable men , you can give * » verdict fairly of guilty on this indictment , * ustain ? d as it is by the evidence of tbe men who have appeared in that box . If , my Lord , this had been a * implt ^ case of attending an ill- g * l meeting of this description , I am vervsure your time

    would not have be . m taken up with this caj > e in tain Court . You , Gentlemen of the Jury , would net have been dragged , the one from his merchandize , the other from his mansiou , and another from those harvests which you ought to bo gathering in , to examine into thu case . No , Gentlemen , th

    Attorney-Gcneral—I was Dot aware hi * name waj on the back ol tht > bill of indictment ; but if Mr . Stephens wishe . ' him to bo put into tha box , I Bhall immediately present him . Mr . Stephens—My Lord , I think it is hardly likely , with the wkole of this legal array against me , and having to go through all this maes of serious doty , and each of the geatlemen who have had the ma . uag » sm * nt of this case being entrusted to his own share of it , aid no m ^ re than his own share of it , I canxot think that th : s witness has been unintentionally omitted . It wonld be very much oat of order now to call for that > itnp « s being put into that box . if he had been put into that box , he might have told you tbat from the firm of which he is a partner , and clerk to the magistratea there , has

    issued a document tending to create alarm in this city—tending to fill your minds full of prejudiceprejudice < xisting to that extent , that when 1 came into the town i could not even be allowed to sit a few moments in the commercial room of one of the hotels of this ciiy ; cot through any ill will o / the landlord , -ftho vrai most polite and courteous to me , bnt because he t » ld me that I should tx > so annoyed by the company that frequented the hou ? e , that 1 ^ -r my own fake , rather than for his , he begged 1 wouid relieve him of my presence . Prejudice existing to that exunt , that when ye « terd * y I was sheltering mj > elf uc < iT one of tbe arcades of your anvieiit City , I saw two waggons laden with musket * , and a group of gen tL men who were stacding in the same place wtere I stood , making their remarks

    on the' bloody conspirators , sayi g "they ought to be hanged without Judge or Jury , " declaring rfcat this was " a izure of arms belonging to tke rebels against th * peace of onr Sovereign Lady the Qaeen ;" and when 1 suggested that they could not be arms of that kind , I found myself very soon required to relieve them of my company , for I was attacked by name , and one ol them said " that is Stephens , who is worse than all the rest of the agitators put together , " and that "if he were npon the Jury , ce would take care that a vt rdict of guilty should be brought in sgaicst me at all risks and hazards . " 1 only mention this to show that the prejudices arising from a . l these circumstances , and irom that placard —that foul , that malicious placard which is posted upon thtf walla—1 mention thi * in order that 1 may

    ttllyoH , that when on Monday I left the ntighbourh od where I reside no neighbourhood could be more peaceful ; and I m » y also mention , that having lived in that neighbourhood Seven yean * , and constantly officiating amongst the poore-t classes of tho people froai time to time , there never has been since into that m ighbourhood ' I came , and up to the termination of the institution , this prosecution against me—there nerer ha * been , at any one meeting that ever 1 -was at , on any one occasion , in which 1 had the shadow of a share—there never has been a single instance of a violation of public propertythere never has beea a single instance of a breach of the peace . Th » morals of the people haye been amended rather than deteriorated : their habits have

    become more domestic—and 1 am glad to see their political principles becoming cosstitutional , and their religious principles more fixed and devout . Thia ha * been my aim , and this being known and read of all men , in the district from which I come . I am dragged here , my Lord , tinder this legal mask , for itisnotthetniefa . ee of the prosecutor , —this he has not dared to exhibit in this court , —but under this mask alone , as though I were a party to the Convention , and to the disturbances of Birmingham , the Charter , to Annual Parliaments , Vote by Ballot , Universal Suffrage , and all the rest ef that rumaro ' e , in which 1 never had a share . I only came forward to the men of Leigh , and there declared my detestation of the doctrines of Chartism , declared that if Radicals were in power , my views were such that my head would be brought first to tbo block , and my blood would be the first blood that would have to flow for the olden liberties of tke country . Gentlemen , this is the

    individual who is brongnt before yon on the present occasion as a chartist , and his proceediugi mad- * co appear as though be was identified with all that has take a p lace in this country . The Learned Attorney-General toll you and this Court that he did not inteEd to make any statements as to the recent occurrences in thi » country . The allusion was sufficient ; the inoendo was thought by him to be enough to connect and identify me with this . As I said before , if I am to be tried , let me be tried in my own person , aad not in the person of Chartism , oi Radicalism , torch-light meeting ? , or things of that kind . If I am to be tried , let me tried npon my own opinion *—epen my own priucipl s—npon my own aJilhoriso-i aud published documents ; let ite be n ^ ' ur > E < Hc-k' tL ; -ag 3 rn which there cm be eo •^ ' . ' ( vi-iu ::-, i / v . is to «;>' . a ? to tlis idL-jitity oi e fact , in ! . u > r - the- rt-eair . rjg o : v-. ^ e . x ^ rcjsions to ' -iiic ! - 1 Lav : tiv ^ n : ; : ^;;^ . Gtn : kni-i ; , 1 hope

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    bj your verdict you will give the Attorney-General to imderatasa " . that he may go back to the Homeomce , and tell Lord John Russell that the birthright * of Englishmen are not to be broken down , and crushed and destroyed . GsnUomen , a few years go it wan the object of this Government to introduce aa entire change in oil the ancient institutions of the country , ho far as those institutions affected the welfare and government of > oar own parishes , the treatment of jonr own poor , the children and the relatms of yonr own poor neighbours , and often the relative * of your own families ; and how was this to be accomplished ? Not openly and honourably , as would hay © been the case if their cansu had been good—if there had baen a true atd sufficient reason for introducing that measure . No ,

    Gentlemen , it was that by that means that the poor of the country might bj crushed ; that by that measure the freedom of the subject might be destroyed ; that by that measure the poor might be brought to disgrace , be reduced to starvation , and subjected to imprisonment and death . In order * to accomplish all this , it was necessary that the character of the poor man should be destroyed , and hence it was that you had a reform administration ; a liberal Government ; a Brougham cotaing forward in the House of Lords to declare , not to their Lord-Bhips judgment , but to their fears ; to tell tiipir Lordships that unless this Poor Law were passed they could not expect their property to be tecure ; that the estates of their Lordships would be swallowed np unless th&y nfflicted the Door with this

    measure . He retirosented the poor as being a net of idle , unprincipled individuals ; the men were idle and were drunkards , and tho women were unchaste and wanting even in common virtue ; thus maligning the character of the poor ; thus misrepresenting tho case of the poor , he led their Lordships in an unhappy hou- , to give their assent to that measure . And I mention this , in the way cf illustration , to show that you hove now a Government attempting to introdnce another innovaiion , an innovation as bad as the first ; a measure to consign the peace , the liberty , and the politics oi this country to a constabulary force , c » mru ! ised in Londuu , out ol the bandit and beyond tlie po * er of tha locut authorities . And how is this to be done but by traducing tho character of the people in those parts in which ic is

    the object of tn- > Government to introduce this measure ? Hence you have it that the di .-tricts are in a lawless state ; that they are in a state oi disturbance ; tiat there is no peace , no security ; that Ufa itself is not safe , and that the manufacturers and merchants cannot h eep in their ber * * nt night for feir of s « cret assassination and burning . AJ 1 this is done for the purpose of insinuating this measure npon tho country ; and I do coiiteuc , that in spite of tht > whispers t « i * c I hear around me arid by iBy side , that I am perfectly in order in bringing this matter before the Court , because if it had uot been necessary to do these things , you would not have seen me here to-day ., We Lave had a great deal of talk about torch-light meetings j wh y in the district where the factory labourer * work irom before

    sunrise until after fun-set , let the Attorney-General tell us whea they have an opportunity ol meeting . He has said the subject ? of England may inset at prop *? times . VVken are the factory labourers to meet ? When , io the face no mauy intimidations , aad of the attempts that have been made to prevent them attending those meetings in tho day , or when tae whole of that district was under the pi . in oi being dismissed from their employments , and subjected to criminal informations before the magistrates at the instance of those who scruple noc to commit a breach of the peace therns . lve ? , whin , I again ask , were those poor men to meet ? I am here , my Lord , to plead ;—I care little what may become of myself on this i . « sue—of course l would much rather you would return ma to my home , a * I

    nave no doubt you wili—nm had the Attorn- y-Goneral a ca # e , and were he able to sustain that case , I cara less far myself than for hepoo , on 'whose behalf I stand here as a criminal at your bar . G * .-ntiemen , the people of that district were thus threatened—they were thus disuhavfced . Now , Gf-ntlemen , in all this array of l .-gal jargon about torchlight m ? etings , about bam . er . " , emblems , and enfigns , and this , that , aud tho othrr , the Hon . and Learned Attorney-General has iiot attempted to show yoa—has not dared to tell yon—for ho could not tell yoa that mestiigs of this kind were uot common iu that place j h ¦ ¦> has not shewn you th it this was an ordinary meeting , or that there wa » any intention previously to excite i ^ -ar or alarm . There id ao proot' that I had anv part m tha amuivf-meut

    of that meeting ; there u no proof that 1 ha . d anything to do ih the getting u \ j o ! that m' / uiing ; there is bo proof that I had anything lo do with the deliberations and decisions or that meeting ; but tn . it simply a * a miuir < t-jr of that n . "igUboirlic » od , t- ^ inhabitants did me the honor to icv . ie me to a'tend t-iat meeting to deliver ray opinions ou « . rtain # re ; it measures . If there hid been anything so fearful a :. d terrific in ti n * torch-light meeting , I am sura you would have heard somei h ' . ug morj about it frotu ib . - * Hon . and Learned Attomej -General , I urn . sorrv he has JQdt left the Court , for he might otherwise have madv a note of it . If ho should take his right to reply he will have an opportunity of tilling you , on his own _ authority as a lawyer ; hi ; will stake his reputation on the matter , th . 1 torch-light rnet'tingv

    are not unlawful ; th / t th : rJ is no tcyr > in a torcn than'there in in a far'hing cuudle ; that it i * the right of an Englishman to meet , if lit ? choose * , to walk at the head of a torch-ii ; -hc msrti < g . Thu Hon . aud Learned Attorney-General will ull you that not only » reyou entitled to carry ensigns and banners , but the ef % ie * of obnoxious persons ; that if there should be a magistrate of the name ot Badger in a neighbourhood , t-. r . y were . entitled r _ > raaku a representation or a b ; tcger , to put in ou a pole ani carry it p ; ut the hou-i * of thac gentioiuan whom I see on the bfnch , uivi whoe name may be Badger rather than Howar 4 . The II « U , and Learned Attorney-General will tell you it is pt rfectly lawful , it you lmve auy political enmity against any political character , you m-vy Loist a

    sign-board in the street , and thus insult that public functionary , and that all this is perfectly la * iu ' , and within the limits of the constitution . OU , y «» with all this talk about firiug ' , he-e pop-gun * aad these penny cannons , oil the .-e parading btsit > reyon of firing of pistols on the 14 : h or November , the week atier the 5 th of November , vrheu every body is fi-ing off pistols in token of a . nu iar- 'inembraaca of th < » salvation of this country from n conspiracy far worae than that on * ajaiij .-t the New Poor Law , which fall * upon your t-ars likt ; a tale upon tuc id ! t * winds . There is nothing wKioh the Attorney-General can allege a * to the time of the meeting go far a * I had to do with it , which can constitute iaat meeting unlawful . Then , Gentlemen , there is the Ennece 8 sary parade of law authority on this

    occasion , what do : > s it amount to ? It amounts simply to this , t ' . rat no man—that no bo y of men , have any right to terrify wid alarm others , to give them any such grounds ! or terror aud alarm . Have the witnops ^ u Kati * fted you tUat t '* ey were alarmed ? In my crosa-examination I mads many mistake * , but 1 got rather too much out of the witnesses . I say , Gentlemen , are your minds satisfied even out of ihe mouths of these witness s thai there was any teiror and alarm ? Here you have men going to the Snipe Tavern , others to Ihe Sportsman ' s Inn , and taking tat-ir glass ; you have them coming out of the hou ^ e , attending the mectisg , approach the husiingf , stand within a few yards of the speakers , and when the question is put to tht m one byone , and one after another : —Were you alarmed ?

    " No . " Did yoa 8 r ? e auy ground , ta fael all th ) S alarm ? or did anybody else tell you they tell ai&rili ? " No . " Had you any reason to feel grcuud lor alarm ? "No ; thera was no fear . " One witness who came before you was only niraid of a barn that was most miraculously preserved , because none of the sparks got through the loop-holes . No , Gentlemen , thank God , they neither got through thloop-holes or any other way—so guarded were those midnight incendiaries , &B they have been represented to you , lost an ; harm should have happened to property iu that neighbourhood , thatwa-n they came up to a waggon laden with straw , near to the mill ot JVlr . Thomas Ashton , the men walked on the opposite side with their torches , and placed a gu&Td tor the protection of tho wagg ^ n . The witnesses , too , have stated that the procession passed in order , and for anything I know that waggon may be standicg there yet , to induce

    another prosecution of tins malignant and vindictive kind . Geatlfmen , thore never wan in the aunalsot this conntry a niore unlair , a more cowardly prosecution than this . As I said before to yoa , my opinions are b 3 fore the world . I hava lighted a torch , not a literal , but a figurative one , which , by God's blessing , will bl 8 z . » , and which all the waters out of this cistern cannot txtihguish . I have taught the people to fear God and honour the Queen , but I have taught them to hate everything that is hacoastitutional and anti-Christian . I have told them to take the book of G > d in tlieir right hand , and the book of onr laws in the left hand ; to have the fear of God at their side , the love of God and their neighbour in their heart ; and then to walk abroad upright and fearless of Anorney-Generals , and all tue awful race of property law prosecutors . Yec , Gentlemen , there was a banner" For child aud for wife

    We will war to the knife . " Gentlemen , would not yon , every man of you , adopt that banner ? Is there a man of yon in that box who would not war to the knife for cnild and for wife ? That , Gentlemen , is the head and ground of my offence . I have told tLe people of England that , by law , their wives caanor , aud their children cannot , be taken from them . I have told the people tint , by law , they have a right to tleir own homesteads ; that they have a right to their own fire-sides ; tluii they have a right to their earnings aiter their labour has _ been honestly aud faithfully done ; a righc to their comfoiU which tkeir labour ought to procurfor them in society , i . 'i- tli ^ r li nlu <> nof =, and lor \\ -.- \ i partner to > vr om V-py ; . iu -.. bwi'li b-. uii .-J . and vrJuuu ihey hav > sworn tkuro God i . ever to Ueserf , bur V l . ve tenrelh -r v ; r » til dr-.-tb d < j tin- -- ; ; : j . tt . 1 haw t iKl the p . \ : j ; eo : d : ij couutr j iuut any tair > g vuicii v- ' n .-

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    feaaeu to overthrow the institution of h «» v < . * u u tot a law according to oar constitution , sud cannot be held to be a law in any court of British , jarisprudence , and eannot be expected to be obeyed by any party , except the party holding power . Gentlemen , if it be better to obey nan rather than God , judge ye . As I have told the people everywhere to judge by that maxim , npon what the precepts of the word of God enjoin , every principle of right which the constitution Of our country guarantees to us , f am willing to judge ; and if 1 have offended , rbo'v mo wherein—show ma how and at what time ; and then I will give myself up to this verdict of the law , and then tke Honourable and Learned Attorney-General shall have me inhis own hands—he shall 6 e at once

    bothJadge and Jury , and Executioner . I will not ask him to put me tujengh this process—I will not axk him to tnve ma this chance of escape—[ will not ask him how it is that I should be compelled to appear in this a * ful and sacred presence . No , Gentlemen , but uutil I am thus treated—until I » m tans tried—omil I am thus found guilty , I will hold that every thing of this kind , i * a mere specioat ? , and not even sufficiently plau « ble to lead your minds to believe it to be aucli—a mere specious attempt on tha part of the Government that has thought me worthy of their direct persecution ; and should even , upaa a legal point , a verdict be given against me , I should still contend that I have been condemned unjastly , because I havo not been condemned upon

    tne real charge which theae parties have against me . I can sho * you , Gentlemen , that I am ut : erly incapable of the motives that have been attributed to me . It wouid at first sight appear surprising that tUo Honourable and Laarned Attorney-Gem ral , in the discharge of this dnty of " vindicating the law" at Chester , did not remind you of the fact , and endeavour to impie ^ s it luliy upon your minds , that it is the intention or rautiv « that constitutes the essence and the gravamen of all crime , that without a criminal motive , there cannot be a criminal act . 1 may be a madman , gentlemen —as I have beeH said to he , until my opinions gained such hold of the people , both rich at : d poor , until ruy priacipJes began to take roat in the

    minds of the people—both rich and poor—and until something like influence arising out of the extension and establishment of those opinions and principles begau to surround me—it was convenient , and ail that was thought to be necessary bj this party , to represent me as a madman—Gentlemen , I may be a madman yet ; but if I am a madman , your verdict in not guilty , for he who has not his mind under full comma ) , is incapable of committing a criminal act . I m * y have said rash words , I may have uttered strange opinions , and I may by possibility have been wrong as to those opinion * , and jet still , gentlemen , even on thia supposition , that in my full ordinary sense I have said harsh wurdf , and given utterance to strange « pinion » , the

    Atterney-General has omitted , in conducting this prosecution , the most essential and most important part o : ' his duty , it was the duty of the Attorney-General to have shewn you—to have satisfied you that I was a man baving a malus animus—that I was a bad man—that I had in my heart bad feelings—that 1 hated the men against , whom I am said to have spoken—and that I wished for and compassed the destruction of their peace , their property , and their lives . The Attorney-General uheuld not only have satisfied you -he should not only have shews this to a certain extent , but he should have shewn tbii so completely as to have satisfied your minds as to that i' * rt of the question . But how is the case conducted by the Attorney-General , and how stands ic at

    present p rvhy , Gentlemen , you have the language ? of onstable < J , who have been convicttd before the i / agigtrates for striking persons , and who do not consider that la be auy breach of the peace ; aiid this man t . lU you that he has been fined by tbe Magistrates for ha-ving committed assaults on individuals , but he does not consider that anj cfFcnce at all . Well , on the oath of this constable you have a long thread about where the precession begun and where it ceded , ha being there . You have maps , and charts , and plans to give you every idea ot the situation of every foot of ground in the to * n-? hip , and yet with all this about " procession , ' and " poj > -fjuns cracking , " and " lorehe- * an . i banr . ers / 'anil lire-pots" and " ensigns and riaK * , " aud

    display * of various kinds—and every witness is made : o state and insist on this—to be most miiiute and moat particular \<\ ihis—but not a word as to the ntenuons of the defendant—not a wcrd us to tbe inotivt' 8—uot a nii ^ le word ' or shadow of a word h . iva you in evidriic •—not a single word can you naveinevider . ee as to the intentions of the defending being of the description me « tioced in that indictment . 1 will a * k , Gentlemen , in whnt ivej arejouto arrive at the kaosvledgeof the motive * oi parries ? I have read to you , Gertlemen , for the purpose of di . sdbusir . g your minds of the j-njudiete against m ? , the sja-ceh of the Secretary otikate ior the Home D ^ pHrrmtnt , in which he deeLres that out of my printed bjiksl recommended

    asssswnatiin aud the destruction of property ; in nh ' th hr j < a ) 8 that I hate sra ' ed , that under the Pone Law Amendment Act , and other laws , the cc nun uio * of ( iOD that " tbou fha ! t noc steal" and ' tnou cijalt ¦ iot kilt" are suspended , and of no force or obligation . l $ o # , Geutiemen , how Hands this argument —in what way is the argument really put ? What were the iiaks of tbe chain in that argument it U far \ oj to know , it is foryou to understand—your tninds cannot be cisabu-ed of the prejudices thac have waited to fill them unless joj know in what terms and ia what wav the argument is put which Lord Jr : hn Itus . uell says goes for the destruction of life and p-opertr . You shall hate them , Gehtlemt-n ; I will tfive you ev ? ry opportunity of learning the * motive ?

    and intentions of the defendant , aijd then if you believe this defendant to be capable of inciting to ( iemruct ' on of property and life , I will give your mimis the full latitude aud ample sweep of the whole of rnv puhl e character and career . 1 will give your minds the full benefit of all the prejudice that I kuow has been imj-resscd upon them , it you can , after you hear the manner in vth ch this argumtr . t is put ,. b . Tieve that I have urged , in any o : her w . 'ty than a constitutional Englishman has a right o do , and as a bumble Ubrisiian minister is bound before G > ui to do , —8 ud then , frentlctren , without turning Your ueadsjtfor a moment—without giving the Attorney-General tfle trouble of a reply , I give you my tuil consent at once to pronounce a veidiet of guity , and let me bear thw penalty which 1 ought tj bearhe penalty any mar ; ought to bear when Ue interferes with the right ; of his brothei acd his neighbour . Erskine ha < v / eil obiterved , that it is theintentiou or

    rnitivo that constitutes the ofl ' enw . The criminal intention stands at the top of every page of criminal jurisprudence . Wben you turn over the leaves of these law books , and see- the classification of ofi ' ences , whether it be theft , or murder , you are to presuppose written over that word the intention of theft-the intention of murder , or malice a ' oreth night . Hence , in our old forms of indietmsnt , persons are charged with not having the fear of God before their eyes , but being under instigation by the devil . Gen ; ltmen , 1 love those old forms , because they are to the spirit of the law what the boay of man ] i to the soul . I love those old words ; yet it may be fashionable to laugh at the existence of the dtvilj it maybe fashionable to reason away the personality of tbe great Father of all life . I asi a simple man—I take the Bible as I find it—1 read it as it stands—I believe that God is , and that there is a devil—* hat there is a hereafter—a Hea-vtn and

    a hell , and therefore I love those old forms and terms in our indictments—I love to see , and I hope that tbe spirit of the age , the march of intellect , the strides our improvement ? are making , will not sweep away a \) tbo . ie forms , and leave us to the principles of MakcUS , a&d the Poor Law Amendment Ac ' . You must have it then in proof , that 1 have this malus animus—that I entertain these hateful and hellish It-elinge ! to uiy neighbour . You will recollect tint our Jftvrs on this point , as well ta on every other material point , are heW as based upon the authorities laid down by the Word ef God , as to all moral actions , and as to all m : ral responsibility . Gentlemen , I do not hold taat th « character of n man is tormed for him and not by him—I hold that

    man is an agent in se and per se , not only responsible for t £ e outward deed , but for the Inward , tha unknown , the untold , desire , disposition , and feeling . Tho principle in laid down , and it ii a most beautiful principle , in the epistlu of St . James , ' Let no man say I am tempted of God ! " aud wby not ? Ii not God tke maker of all men and the author of all things ? and is he not therefore , as false philosophers have argued , the author of evil also ? and are we not exempt from responsibility on that account ? Ho , Gentlemen , this may be philosophy , but it is not reason ; it may be liberalism , but it is not Christianity , it ia not the religion wkich you and I profess ; which you , Gentlemen of to . o Jury , I trugt , hang your hopes upon ; by whose priucLles

    you are guided , and in accordance with the maxims of whici your verdict will ba gives . A man is not to b ' jlievd that he u tempted of God , and is not to be believed if he says sc ^ -for God tempteth no imn . " Wty ? How traen is a man tempted to the coiomission of crime ? Every man is tempted whea ha ii drawn aside by his own lust . Here you havo the inward wish—the will—there is the lust ; lust leads to sin ; when lust hath conceived it bringeth orth . siu , and when sin is finished , it brbgeth iorth > eath—that is the simple , beautiful , and sublime \ hfory oi moral action in its principle , in its progress , in its termination , ia its guilt . \ vA uo'Ae . in tf . e i-. spireJ and sacred v : > ium- >; id Christ , ^ ntleuH' -, when sp ^ aHrj , ' on tho r . nir ' -. 'j >' .: t >; tyr , " ivl . t-v - .-. icg arvi i . iU'rpr « U ! i « u e i u . " aiid I l ;;> pi * yen will ail ^ w nothing to \> m this out of

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    your minds , and the reasons foimded upon thai interpretation ara the law upon which 1 am to bv tried betore yon . The vritnee'ses have sworn nfon oatb , and it is upon that law j am to be judged , to-day . — . Christ , then , explaining and illustrating tbe - ; ttuotare and principlv of all law ; for human jav ., ray Lord , is only good when it is identical in p- ^ dple and spirit with law divine ; w alone worthy of our admiration , is alone deserving of oar ob ^ f ' . huce , alone the object of our prainft j alone worthy living under ; aloco worthy ot fichting for , to tiv / fui it against all revolutionists—Christ says tha . ' evra if wo hate onr brother without a cause , we are a Murderer . It is not enough tbat we should kill aao : '; ar ; a man may kill another by mistake ; a rmin may kill his child , or his wife , or those that are cean-r to

    him than 10 , 000 lives ; and to brinsr whom back Ji ^ ain he -would lay down ten timos 10 , 000 lives if he had them to give , A man might kill another maliciously with malice prepense , and in that case if &r \ jier could be proved he might bo brought iu j-. i , ilty in a court of justice ; and if rach be the princiole laid down ia divine revelation , and if such be the principle ia which cur law not only acquiesces , bnt which our law has adopted as the principle only upon which a tree verdict ca-j be fciven between our Sovereign Lady tho Queen , who iu this ini-tance represents the moj > s'y of Heaven , because she is sworn to execute here , iu ibe person and through the medium of the Jr-cge and the Conrt , not statutes aad acts of Parliament only , because they are statutes end acts of Pitrli-me nt ,

    bnt because she hasswern to execute here the Uwa of God in justice and mercy . Gentlemen , yoa perceive then that in f * e very nature of this offdrwe , in tb . 9 very nature of every offence , ycu ar « by * .. rn © how or other to arrive at th « motive—you :. r ^ by seme how or other to fiad oat tae disposition , i-- - * inretuiou of the individual said to have comuii ' t ^ d sachan offence . Ho-ar is thi % to bft discovered ?—Here , Gentknaerj , wo approach with avre , juh ' we pause , with trembluig . In t-very step ve tak ( 3 wo are assuming thepirsac of G . id himself— ho seea all ^—he kuovr ? t al , tbe esd Ire in the beginning , and therefore , ii is said that . h ^ » judges not ftccorcicg to our judgment , that his waja are not as our wai . i . — Hera it ia that we are exhorted not to j ^ dga hastily rashly , but to indfe with toe sa : ae

    measure as you wish yourselves to be judged . Bur , Gentlemen , there is a way—thtre mu .-t b » a way to arrive at this judgment , for guilt m * y iiot be incorred without punisument . There must b .- a law in the mind or the Divine Being , but that ! w could never becoice so substantially placed bB ' oT . j as as to lead us to a&ytbing Uko gO ' jd and csnaUt nt achon . But , Gentlemen , then how are v / e to ar .-iv- at th * point of iut ^ ntion of an in livi ^ ual ckar ^ c-d witk a crime like that laid to ray charge ? Why , GcL-clemen , i ( any step * at all are to be taken—if ail Viis ba not mere wind and talking for the sakeo ; wasting time and of bewildering the judgment—i : thia be not rath : r , as I contend it is sound and laical reison built apoa the theory of our constituueyou the Word ot God and th * laws of tbe land , tkon

    how are you to arrive at roy intentions . ' You ia-. st be ' so awtre of the bj intentions , aad yoa mus . be so cojvincrtd , otkerwise you will have to retu'c a verdict . of guilty of insanity , which would bo an abs-. ird verdict in such a case , unless yon have an opportunity of arriving at the intention 06 the party crmrg . ? d with this crime . If there ba one step by which you can safely arrive at the intention o the prisoner r , 'w before yon , ( lor a voluntary prisoner ^ now I arc . ) end au involuntary prisoner it is ike intenc . un ai' tie Government to make me become , it you will s ^ JTsr such wrong to bo done under your sanction . G .-ntlem ^ n , for my previous character , for ray well known proceedings , from in . v openly evow rlain what my motives Lave be ? n . Judije or' ? ho

    whole , Gemiemeu , from one s > iaple , and fro ^; 'he worst sample—iroBi that sample in which I : \\ a actually charged with incalcatirg incendiarL-m and murder , 'hd destruction of properly , and t :. c taVin ^ away ol life by lawied * vio l ence . Gentlemen , / sin giving the prosecutor in this ca / e evsry advantuj-c : — 1 ara throwing myself openly before you . But yoa shall have the arguvnoat and you shall iw . ' i ^ s for yourselves , and if you briieve from this that" I am really a man of this bad heart , aud of tfcoj-e wicked and malignant feelings , tLat I hate you—that 1 wish tbe destruction of your property—that I wish jour hoDye * burned—that I * i / b . yo : jr threads to be cut—chat 1 « i h despotism . : < ii tyranny , and revoiutior , to begin nobody kno « , < h :. w , . and to f-nd in nobo . iy kuo * rs what , then giv ;> \ v : rt

    verdict without losi vl time . Mr . ytep ^ ens ; .. «! pro ^ fviid to read a cocHderable portion ol his third sermon , delivered . "orrie weeks ago on Primrose Hill . In this sermon there w >> r « several remarkable passages whicU produced great effect , amoag » c * tjich were the 20 th chap , of Job , quoted as a remarkable in * tanca of tho l ) hi . denunciations ^ agaimz the wicked jvn-l the oppresaors . [ The efi ' ect prydaced by the reading cf this chsptrr turpa « s ; s description . At the coLclu > i ^ n of it , the most so-ernn » il nee pervaded the court for several svco / ids . ] He pr .-ceeder 1 , Now , Gentlemen , I put it to you a ' -id the Attorney-Gener *} condactinHf t > iis prosecutioa , to say , whetUe' iu the -whole co-. rse of iny life , as a pnbhc character , I havo laid down anyoth . jr priiiciplesureaohei anv other opinion *—advocated , any ot ^ er

    jr r . iriirem ^ a'y , e # tirmngtmonis tor the cobtinaaiic .-t of a . heaitEful aud h * ppy atHte ul society , than sach as are iiiuj bused oa tia unerring Woid of Gud , con ' . ^ in ' d in Diviuo ftereiation . 'It ' . Gentlemen , there be acyti < in ^ that has struck you as at all strange iu t ^ e language which I have jurt re . id to you—and I read thow particnlar passages because I \» njw thpre was that which the Loaned and lk > n . Attorafcy-Geuera / , in ai ! probabili y , will make a notrt of tor the purpo .-e of iintresxirjg their strfngth iu yonr minds—if ther * be ia the whole of that long quotation , anytkicg at all strong , I ask you , aa hnglistmen—i esk joo , ss Christians , whetherthere t < e not a can ? e—I ask you , as gentlemen ot property , of that station in society , which gives yea leisure for your natural intelligence to employ itself in

    the stuoy of thoss great questions of ecclesiastic and social Government , -whether , in tbe present state of -tho working population of this country , there is any probability—any likelihood , even the remotest yosaibilit- \ , of enjoying anj thing like contentment . I pui it to yoy , " anxious Hsyoj rnustb ? , ami aa ycuough ; to fee , lor tha preservntioa ol ' j oor property , and for the protection of thai which you jigtitly ca'l your own . I ask you on what , condition—on * hat " terms , you are by tin laws of tiiiii country , and by the laws of God , entitled Co consider your pnipert ) as ycur owt , tadier ibaa that of anothtr ; VVky , Gentieinen , str ^ ngo and exiravagantas th ' .-se ( wcerrionsmay nppeaT , they are Dot atiili , in any respect , strange—ihey are ussprtions that havo been inade by the jcreatebt &u . i tho ablest

    wrirt-rs of our land . J might quote , ks the projte color well knows , from Milton , Paley , Locke , Roascius > , 1 ' utlViidoiff , —from every writer fithi r oa moral or political science , and the ^ hole of these authorities will tell you precisely what I have said , aud what 1 have again and agein recorded , tbat the only true foundation of society is the safety , tha security , and the happiness of the poor , from whom all tho other orders of society aiise . Gentlemen , take away security and safety from ' . he poor mantake away ftora the poor man , as I hav « ! t ere pat it , the opportunity of getting bis bread—takj away from him the means of maintaining his family , the rffwon « ible comforts of life—deprive him . « itlifcr by refusing employment to him , or by attaCi ing to that emplovmont such painn ana penalties as render it

    impossible for kisa , as an intelligent beiDg , to comply witn those ternis , and then , I ask , to whrtt do yoa reduce chat individual ? You evidently reduce him to a , state of uesperatiou—to a state of reckless despair—revenge . Von . driva him as an outcast beyond the pale of civilized society j and you comp -l him to be a wandere r on the lace o ! ' tbe « . arth , while , at the same time , j oa arm Mai with weapons for the destruction of that property which it would , otlierwis ¦ , ha his pleasure and his pride , and Lis re-I ;>; ious bbiigation to protect . Gentlemen , multiply that indi \ idual until you have the entire mass—tha < ro ; tt majority of our population—existing under tbese circuajstances . Piaca before your minus . Gentlomec- ^ for you are compelled to place it before your minds in this cage—place befere your minds the

    population , as we have at this day in England , bcfording to all Parliamentary documents—according co all official returns—according to all authentic record * : —place their situation before your minds , and yon must at once perceive thut they nave it not in their power to obtain a sufficiency for thtir reasonable maintenance and support—1 will not say for the just and proper comfort of their families . Now , Gentlemen , you are well aware that it is agninst this state of thing *—against the law which takes away all power from yourselves , and from your brother parishioners , and which places tbat power in tho hands of three Commissioners , who can havo uo power at all to declare to us the mind of the Quaen —because the mind of the Queen is supposed to be resident in-her , as she is the Supreme Magistrate under the law . " The law , " s jy » Bracton , " laukes the King , not the King the law . " It is impossible , therefore , Gentlemen , under our constitution ,

    con-» : tjng , as it do « s , oi the House of Representatives , tha House of Lords , and tbs Monarch , acting as thfty ha \ e to act , aud as they must act , within the Constitution—it is impossible for any ' of them , or for the whole of them , to transfer that ' power which has bean given to them by the people , under the constitution of three Commissioners , who have the power of . making orders , ru' . es , and regulations , which are to have the efi ' ect of law , and to bo binding upon the subjects of this realm . Gentlemen , against that act , which , by a rsoral force , by an irresistible necessity , dissolves the allegiance duo to , tbe authorities—which breaks up the homestt'dd of tha cottager—which compels him , when a little temporary relief is required , to sail the whole of his property , to become an inmate iu One of those Union Woil ; houses , under this detestable ftnd Anti-K . U ' lMi syst ' .-in of sepr . iation and divorce—against t ' . is hi . 7 . G ^ . tlfii ; er . . J dm bound-as aa Englishman to pr-. t m—a . taiust- tKis law—tiis law of devils , I ( C ' vntinaed in onr Ei ghth Page . )

    Untitled Article

    August 24 , 1839 . J ^ THE NORTHERN STAR .

• Citation
  • Northern Star (1837-1852), Aug. 17, 1839, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct841/page/7/