the prifoner; concluding a very able and argumentative fpeech by obferving, that the counfel for the prifoner might fay, that he had acted for the intereft of England, inafmuch as, infiead of promoting, he had prevented an invafion! But how could that be faid? for if he knew of an intention of invafion, and had not communicated his knowledge to thofe most bound and moft competent to counteract it, he prevented his country from gaining a decifive advantage, by the lofs that would accrue to the enemy from their failure; and by forewarning them, he proved himfelf equally their friend, and the enemy of England: if he had been for England, the way was very fhort; but his conduct clearly fhewed he had been for France. It therefore remained with the defendant to make his innocence appear. His property, his honour, and his life, depended now on his conviction or his acquittal. The jury were invefted with a very folemn and very important duty. They were called upon to grant equal juftice to the defendant and to focicty. As they mufl guard themfelves again't any impreflions which the mifreprefentations of the profecutors might make upon their minds fo mult they have an equal guard against any falfe impreffions made by the counfel for the defendant. In the deliverance they were to make, if the evidence was inconclufive, they would readily acquit him; but if the proofs were fatisfactory, the country called for his conviction.

William Smith, efq. M. P. Mr. Sheridan, and lord Lauderdale, were called as witneffes to relate fome converfations they had with

Stone on the fubject of the flate of this country; the general refult of which appeared to be, that they confidered him as a weak enthufiaft, who was defirous of bringing about a peace, for the fake of favouring what he confidered principles of freedom.

Having proved the confpiracy between Jackfon and Stone, feveral letters of the former were produced, particularly one which pointed out the particular parts of Ireland moft favourable to an invafion by the French; and Mr. Cockayne, the evidence against Jackfon in Ireland, was called, and ftated the whole of his connection with Jackfon, nearly the fame as he did on that trial.

At half past ten the court, with confent of counfel, adjourned to nine o'clock the next day. And at nine on Friday morning, the court proceeded on the trial.

The firft evidence produced was a parcel of letters from the prifoner to Mr. Pitt; in which Stone pretended to make fome difcoveries, as to the defigns of the French, by garbled extracts from his brother's letters, which were themfelves produced, to fhew the unfairness of the prifoner's conduct in this particular. A letter from Mr. Pitt was read expreffing his doubts as to the authenticity of the prifoner's information.

The counfel for the crown then

proved the correfpondence between the prifoner and Jackson in Ireland; which being read, closed the evidence for the profecution.

Mr. ferjeant Adair then rofe to open the evidence for the prisoner, and to obferve on that for the profecution. The former confifted only of evidence to character-on

the

the latter the learned ferjeant enered into a long and accurate difcuffion, in a very elaborate, feeling, and interefting manner. He began by obferving, that the jury were called upon to difcharge a most important, facred, and awful duty. They were entrusted, on the one hand, with the vindication of the laws of their country, and the safety of the community, of which they themselves formed a part; while the fortune, the character, and the life of a fellow-fubject, were committed to their deliberation on the other. The dearest interests of the unfortunate man at the bar were in their hands! He muft call him unfortunate, for whether guilty or innocent of the crime with which he was charged, no man in his fituation, and having fubmitted to the fufferings to which he had been fubject, let the innocence of his heart be as pure as it might, could be called fortunate. The verdict of the jury might put his life out of danger, and reftore to him that liberty to which he had long been a ftranger; but no verdict of their's could place him in the fituation he was in on the day before he was apprehended.

After endeavouring to explain the motives which might probably actuate the prifoner, as arifing from vanity or affectation of con fequence, Mr. ferjeant Adair proceeded to ftate what he confidered as the outline of the facts of the cafe, in the following clofe and ingenious way-"A perfon of the name of Jackfon came over from France by the way of Hull, in the character of an American mer chant, with letters of recommendation from Mr. J. H. Stone, to Mr. W, Stone, the prifoner. Mr. Stone, VOL. XXXVIII.

during his refidence in London, fhewed him fome civilities, and advanced him money on his brother's account.

"Soon after he went over to Ireland, where he was tried and convicted of high treason, and died ; and during his refidence in Ireland, Mr. Stone furnished him with fome ftatements of the internal fituation of this kingdom. The queftion for the decifion of the jury then was, whether, under thefe facts, they were perfuaded from what Stone knew of Jackson, that he gave Jackfon thefe ftatements as information for the enemy, with the criminal intention ftated in the indictment or for the purpofe of averting an impending calamity from his country? The facts were clear as funthine, and this was the only queftion that arofe upon them. He called upon them, therefore, to confider, whether there was fufficient evidence of an overt act of treafon, and if there was, it was not the encourag→ ing of an invafion, but the prevention of that event, from which fo much evil would have been confequent. Jackfon was convicted for high treaton, in perfuading the French to invade this country; whereas the prifoner was accufed of high treason, and the overt act with which he was charged was preventing an invafion. But if the motive for caufing an invafion was criminal, how could the motive for preventing an invasion be criminal alfo?

The learned ferjeant then went at length into the evidence produced; and concluded by calling feveral witneffes to prove the publicity with which Mr. Stone com municated

I

municated the correfpondence of his brother, not only to friends, but to ftrangers; -a circumftance totally incompatible with that guilt with which he was charged. He also called very refpectable evidence, that fo far from his harbouring treafon to the country, he, on the reverfe, was loyal to his king, and a firm friend to the conftitution. Several perfons were then called, all of whom gave evidence to the prifoner's good character, and fome to the circumftance of the publicity ufed relative to his correfpondence with his brother.

Mr. Erfkine then addreffed the jury confiderably at length on the whole of the cafe; as did alfo the folicitor-general in reply, on behalf of the crown; but our limits will not allow us to lay them before our readers.

Lord Kenyon fummed up the evidence. He was for tempering juftice with mercy; but this maxim. could not fanction the court in fuffering a criminal to efcape, if it were proved that he had groflly offended the law. He refted whol. by on the fecond count, which itated an adhering to the enemies of the crown. He quoted the opinion of the late lord Mansfield, that letters fent to a power at war, inftructing them how to fhape their efforts,came under this branch of the ftatutes, and are an overt act of high treafon. His lordship read to the jury what he called the two emphatically important papers; the letters of Mr. Smith and Mr. Vaughan. There was no criminality, he admitted, in either of thofe letters; the only guilt was in tranfmitting them to the enemy. His lordship went over the whole with remarks, and concluded a foug and warm charge, by put

ting thofe papers into the hands of the jury, leaving it to them to judge of the intention of the pri foner from the overt acts.

Mr. juftice Lawrence remarked, it was for the confideration of the jury, whether the information fent through Jack fon to France, had for its object a design of serving the French, or averting an invafion.

About eight o'clock the jury took fome refreshment, and then retired to confider of their verdict.

The judges, except Mr. juftice Afhhurft, who retired, took fome refreshment on the bench, where they remained till eleven o'clock; when the jury returned, bringing in the prifoner-NOT GUILTY.

The words were scarcely prenounced, when an inftantaneous and unanimous fhout arose in the court, which was loudly joined by a numerous crowd in the hall. Á gentleman, named Richard Thomfon, was obferved to have joined in the thout, and was immediately ordered by his lordship into the cuftody of Mr. Kirby. Mr. Thomfon apologised to the court, by fay ing, that his feelings on the joyful occafion were fuch, that if he had not given utterance to the joy which arofe within his breaft, he fhould have died on the spot.

Lord Kenyon replied, that it was his duty to fupprefs the emotions of fuch tumultuous joy, which drew contempt on the dignity of the court. His lordfhip ordered that he fhould pay a fine of 201. for his mifconduct, and remain in cuftody till payment.

Mr. Thomfon tendered his check for the fum, but this was refufed, and he was taken into cuftody.

The crowd without caught the fpirit of thofe within; and the hall, as the judges retired, was filled with acclamations of joy. A de

A detainer was lodged against Mr. Stone for a confiderable debt, immediately after his acquittal. He was, however, liberated from his confinement in Newgate on Saturday the 13th of February following.

Petition of Sir Francis Blake to the Houfe of Commons, prefented by Mr. Grey, 8th February, 1796.

To the Honourable the Commons of Great Britain in Parliament affembled.

fo concerned, can always contrive to relieve themselves by thifting the weight, which in that cafe muft ultimately and principally fall upon the proprietors of land, who have no fuch means of fhifting the weight.

That uniformly as the trade of the nation has more or less flourished, the territorial rental has in like manner, and in fome fuch proportion been observed to advance.

That in the year fixteen hundred, the territorial rental did not exceed fix millions per annum.

That from the year fixteen hun

fcribing party,

Prayeth,

That your petitioner may be permitted by this honourable houfe to 1ketch, for their confideration, the outline of an arrangement, which takes for its aim the political falvation of this country, the happinefs of the community at large, and of every individual, and which propofes to work its effect by means, which are apparently, both eafy, certain, fafe, and honourable. And your petitioner further prayeth, that it may be permitted him to ftate to this honourable houfe, for the purpose of their more ready determination, the reafons which have influenced him to fuppofe the arrangement in queftion to be fraught with the benefits fuggefted by him-which are briefly as follow:

That from fources of information the beft within his reach, it has appeared to the complete fatisfaction of your petitioner-That trade is not an object, which by any poffible human contrivance can be made amenable to the payment of any tax, that can affect the parties concerned in its management, inafmuch as the parties

difficulties and diftreffes of the intervening fpace, the trade of the country increased, and the rental advanced from fix to fourteen millions per annum.

Computing therefore, by the vaft increase of trade, from the period laft named to the present time, comprifing a feries of years for the moft part favourable, the final refult muft be, that the prefent rental cannot reafonably be fuppofed to fall fhort of fifty millions per annum; which led of courfe to the following conclufions:

That the way to advance the land is to give every poflible encourage. ment to trade.

That the way to deprefs the land is to burden trade.

That to burden trade is, in effect, to burden land befides depreffing it.

Taking, therefore, the prefent territorial rental at fifty millions per annum; the funded rental at ten millions; the two together at fixty millions per annum; the prefent payments to government at fifteen millions per annum; the preffore of thofe payments on the rental named, as authorised by general acknowledgment, at fifteen fhillings in the pound, your peti

12

tioner

tioner proce ded to reafon upon thofe data as follows:

If it be true that the territorial and funded rental is fixty millions per annum,

Then is it true, alfo, that five fhillings in the pound, on fuch a rental, will raife a revenue of fifteen millions.

If it be true that we now pay ten fhillings in the pound to raife a revenue of fifteen millions.

Then is it true alfo, that we pay five thillings in the pound more than we have any occafion to pay.

If it be true that the trading part of the nation can always contrive to create for themielves an exemption from ftate burdens,

Then it is true alio, that the landed and funded proprietors are, and have all along, to their irreparable lofs, been the principal, if hot the fole paymatters of all impolis, and confequently that little or no injury will be done to that body of men, but that great and lafting advantage will accrue to them, and to their pofterity, by Changing the mode, as here propoled, of collecting the revenue.

Your petitioner, therefore, moft humbly prays, that he may be permitted and authorised to charge his real eftates with the payment of thirty thousand pounds, or with the payment of fuch other fum, be the fame more or lefs, as may be atcertained by this honourable houfe, to be his proportionate hare of the public debt, fuppoling the faid public debt to be parcelled out for payment among the feveral proprietors of lands, houfes, mines, waters, tythes, rents, in any way arifing therefrom, monies fo fecured, and public funds.

And your petitioner further prays, that his faid cftates may be inade subject to the payment of

intereft on the fum to be fo charged as above, at the rate of four pounds per cent. or any other rate of intereft, be the fame more or less, which may appear to this honourable houfe to be his proportionate share of the annual charge of the faid public debt, fuppofing the fame to be transferred as aforefaid.

And your petitioner further prays, that he may be permitted and authorised to pay in future his proportionate fhare of the civil lik and peace eftablishment, by an an nual pound rate, the quantum of which pound rate to be afcertained by this honourable houfe, in like manner as before has been mentioned.

And your petitioner further prays, that as often as the exigencies of government may provide a further aid, he may be permitted and authorifed to pay his proportionate hare of the fame, by fuch an additional pound rate as may be afcertained by this honourable houfe to be fufficient to accumulate the fum which would fail to his lot of payment, fuppofing the whole annual fupply to be raifed within the year, and parcelled out for payment among the feveral proprietors aforefaid.

And your petitioner further prays, that he may be permitted and authorifed to make fuch temporary, and fuch permanent payments, as have been feverally named and affented to on his part, by half yearly inttalments, and that the fame may be declared to be accepted in full fatisfaction of his proportionate fhare of all taxes, cutloms, duties and parliamentary impofts, laid already, or which may be laid on the fubjects of this country, or their concerns. And your petitioner fhall ever pray.

FRANCIS BLAKE.
STATE