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against me, and had asked him whether the statement was not in my hand-writing? which he had answered by saying he had never seen me write; that his examination was not legal evidence, as he had refused to sign it; and that he was determined to return innmediately to England; but that at any rate it was necessary to have two witnesses to convict of high treason; and if we adhered to one another we should be safe. I asked him whether Jackson's situation would be rendered worse, in case I could make my escape. He said No; but he feared the thing would be impossible. I left him with his friend, and never have seen him since.

The next morning I set about my scheme, and got it accomplished at twelve that night. It would be a waste of paper and your time here to recount the various deceptions practised on the under gaoler, which induced him to accompany me to my own house, where a rope being slung ready out of a two pair of stairs window, enabled me to descend into the garden, and to take a horse out of the stable, and meet a friend who should conduct me to a place of refuge.

When the gaoler became impatient and forced into my wife's room, she made him every offer if he would conceal himself and go to America, not raising a pursuit, but permitting it to be supposed that he had accompanied me in my Hight, which he absolutely refused, swearing he would soon see me hanged. I was taken to the house of a gentleman named Sweetman, since dead. It was soon found that the most probable means of escaping from this country would be by a small pleasure boat of Mr. Sweetman's; but she was neither sea-worthy, nor equipped for a channel cruize; and a farther question was, who would risk themselves with me, who were not in the same danger? Mr. Sweetman however did not despair, and was successful. He procured three sailors of the vicinity of Buldoyle, where his house was, about four miles from Dublin, to whom he promised they should be well paid, if they would take a gentleman to France in his boat; and they consented. Two of them, the most trusty, had been in the smuggling trade, and knew the coasts of both countries.

The next day was occupied in procuring provisions, charts, &c. &c. In the evening when Mr. Sweetman returned, the three men came to him and showed him proclamations, which had been distributed during his absence, and which offered in different sums from the government, the city, and the gaoler, Learly 2,000l. for my apprehension.They said, "It is Mr. Hamilton Rowan we are to take to France;" without hesitation he answered it was; they as instantly replied, "Never mind it. By Jesus we will land him

safe!"

We sailed with a fair wind, which however in the night got a head, and blew hard. As we could not keep the sea, we returned to

our old moorings under Howth. The next day the wind was again fair, and, after some other occurrences, on the third day I landed at Roscoff, on the coast of Bretagne, under the fortified town of St. Paul de Leon.

I remained an eventful year in France, and sailed from Havre, passing as an American, to Philadelphia. My departure from France being known, the earl of Clare gave Mrs. H. R. an assurance, that although the prosecution against me must proceed with the utmost rigour, yet he would use his influence to procure a restoration of the estates to the family, eight children, and herself. All the forms of law were gone through, except the appoint. ment of an agent for the crown. This consoling information was renewed by lord Clare in 1799, with a passport from the British government, for me to meet my family in Deamark, and a farther promise of procuring me a pardon when there should be a peace with France.

Lord Clare died between the time of the signature of the preliminaries, and that of the definitive peace of 1803, and I was left with. out a patron. Mr. Thomas Steele, whose schoolfellow and fellow-collegian I had been, having heard these declarations, was induced by a mutual friend to adopt my cause, and he followed it up with a zeal I can never forget. When the French armies were approaching Hamburgh, where I then resided with my family, he procured for me a promise of a pardon, if I would accept of it on the condition of never setting my foot in Ireland without the permission of the Irish government, which was to be expressed in the body of the pardon, under a large penalty. I accepted u the terms with thankfulness, and embarked for England. Mr. Steele procured the instrument to be immediately drawn up and laid before the chancellor, to receive the great seal. The chancellor refused to put the seal to such an instrument; and it was above a year after, during which time it was found that the pardon must be under the great sea! of Ireland, where the treason was committed,

that he gave as a reason for his refusal, that it would have put it in my power, on the payment of the penal sum, to have gone to Ireland whenever I pleased.

I then petitioned the Irish government, stating the circumstances of the case, and I received an unconditional pardon. But the same condition of not residing or going to Ireland, without the permission of the Irish government, was implied. In the summer 1805, I appeared in the court of King's-bench here, and pleaded my pardon.-I returned immediately after to England, according to promise. Shortly after, my father died; and I applied to lord Castlereagh to procure me permission to pass a few months on my family estate, to regulate my affairs. He was so good as to make the application, but before lord Hardwicke's answer arrived, a change of ministry took place; and I then

most gracious pardon. Having then obtained liberty to speak, Mr. Rowan addressed the Court nearly in these words:

applied for a permission to reside in Ireland, which was granted; and I have lived here ever since, most sincerely anxious to promote peace, harmony, and submission to the laws and constitution of Britain.

The Proceedings which took place in the
Court of King's-bench Dublin, on Mr.
Rowan's pleading his Majesty's pardon,
are thus related in the Annual Regis-

ter.

July 1st, 1805.

When last I had the honour of appearing before this tribunal, I told your lordships, I knew his majesty only by his wielding the force of the country; since that period, during my legal incapacity and absence beyond seas, my wife and children have not only dition to those favours, I am now indebted to been unmolested, but protected; and, in ad the royal mercy for my life. I will neither, my lords, insist upon the rectitude of my intentions, nor the extent of my gratitude, lest my conduct should be attributed to base and unworthy motives; but I hope my future life will evince the sincerity of those feelings with which I am impressed, by such unmerited proofs of his majesty's beneficence.

To which address the Chief Justice [Downes] replied:

In the court of King's-bench, Dublin, Mr. Hamilton Rowan was brought up by writ of Habeas Corpus; and the record of his outlawry being read, the clerk of the crown, as is usual in such cases, asked the prisoner what he had to say, why judgment of death and execution should not be awarded against Mr. Kowan; From the sentiments you him?-Mr. Rowan said, that he was instruct-have expressed, I have not a doubt but you ed by his counsel to say, that the outlawry will prove, by your future conduct, that his contained errors in fact. The attorney-gene- majesty's pardon has not been bestowed on ral confessed errors in the outlawry, which an unworthy object. was reversed. Being put to plead to the indictment, Mr. Rowan pleaded his majesty's

Mr. Rowan then bowed to the Court and withdrew. XLVII. Ann. Reg. 402.

585. Proceedings against DANIEL HOLT, for publishing a Seditious Libel, intituled, "An Address to the Addressers," and for publishing another Seditious Libel, intituled, " An Address to the Tradesmen, Mechanics, Labourers, and other Inhabitants of the Town of Newark, on a Parliamentary Reform:" 33 & 34 GEORGE III. A. D. 1793.

The following account of this case is extracted merely in the regular routine of my business; from a pamphlet published in the year culate it in particular, more than other new no proof being brought of my intention to cir1794 by the defendant under the title of publications of any description whatever. "A Vindication of the conduct and prin- One of the witnesses (Mr. S. Hunter) prociples of the Printer of the Newark He-duced on the part of the prosecution, proved, rald: an Appeal to the justice of the that in a conversation* he had with me on the people of England, on the result of the two recent and extraordinary prosecutions for libels. With an Appendix. By Daniel Holt, printer of the Newark Herald."]

* This conversation is thus represented by Mr. Holt in another part of his pamphlet:

Soon after the institution of the "Newark Association, for the support of the constitution," a member of the committee called on me as a friend, and acquainted me, that the association had it in contemplation to inform IN the month of July last [1793] the assizes against all those who published writings of a were held at Nottingham, where, as a matter seditious tendency; and requested me to of course, my two prosecutions came on for take out of my shop window, several publi trial, and, as another matter of course too, cations which he apprehended they in their before a special jury. The information for wisdom might deem either seditious or imselling the "Address to the Addressers," was proper. Knowing that I had no publications first tried. In the course of this trial, it in-exposed for sale, that were then pronounced contestibly appeared, that this pamphlet was either libellous or seditious, by the laws of published by me long before it was proved to my country; and warmed at the bare suppobe a libel in any court of judicature, and soldsition that I should be thought capable of sel

subject of libellous publications, previous to the sale of the pamphlet in question, I informed Iim that I had taken out of my shop all such, of Pune's works as had then been declared libels, and that I intended not to vend any, more of them; nor would I, on any account,, sell a libel, knowing it to be one. --After a trial of five hours, in which my counsel, Messrs. Dayrell an I Clarke, did all that great abilities like theirs could do in such a situation, the special jury withdrew, taking the pamphlet with them, and returned in about half an hour with a verdict of-GUILTY!

The trial for reprinting and publishing the following* "Address" next caine on, before another special jury.

and with the anxiety that every citizen ought to feel for his country, to submit to your consideration the following reasons why, in my humble opinion, the reform of parliament, now in agitation, ought not to be regarded by you with indifference:

1. Being subject to the legislation of persons whom other men have placed over you, it is evident that you are denied that which is the birthright of every Englishman, and without which he is not a free man, viz. a share in the making of those laws which have power over your properties, your families, your lives, and liberties.

2. Being very deeply interested in trade, not only at home, but in all parts of the world, you ought to have in parliament deputies well informed on the subject of commerce in all its branches, but more particu

"Address to the Inhabitants of Leeds, Shef field, Birmingham, Manchester, and other Inrepresented Towns, on a Par-larly acquainted with that which you in an liamentary Reform.

"Friends and Countrymen; "Permit me, with the affection that every man ought to bear towards his fellow citizens,

The only alteration in this paper from the original copy, was merely the title; that for which I was prosecuted being addressed to the inhabitants, &c. of "Newark." Orig. Ed.

of disaffection? With respect to the unwarrantable suspicions of my principles and views, implied in this intended interference of the association, they merited no other refutation, than indignant contempt -After some observations on the prejudicial and despotic tendency of the interference of the association in the sale of political pamphlets, and in the internal regulation of my business; I concluded by declaring, that from several ling any book of that description, knowing it private circumstances, I was well convinced to be so, I answered him, I believe, nearly in it was not a love of public justice that acthe following words: "That I was highly tuated the association in their proceedings sensible of this murk of his friendship, and against me, but a diabolical spirit of party conceived myself much obliged to him for revenge, and a desire to wound through me taking the trouble to inform me of the inten- the local liberty of the press, that induced tion of the association, previous to their put- them to take the present steps; but I assured ting it into execution; but, at the same time, him in the accomplishment of these objects I begged leave to say, that as the publications they would eventually find themselves misto which he alluded had not yet been legally taken and disappointed, as I was determined pronounced libels by a jury of my fellow-citi- not to swerve from my duty as a man and a zens, or even noticed as such by the Attorney-printer, through the ap_rehension of any pergeneral in London, where they were originally and avowedly published, I could not, nor would not, consent to take them out of the window, or prevent their being publicly sold in my shop, to gratify the tyrannic wishes of a set of men who certainly had no legal authority to interfere in the business. To conply with the requisitions of the association in this, or in any other instance, where the obnoxious writings were not specifically mentioned would be to strike at the very root of my business; for how was I to ascertain what were, and what were not libels, previons to their being so found by the verdict of a jury? What was I to sell, or what was I to refuse selling? Where was I to draw the line? I observed, that far from being the wilful seditious, disaffected person t e association wished to have the public believe, and winch they affected to believe themselves; I refused to sell both parts of Mr. Paine's Rights of Man, though the verdict then only applied to the second, as soon as I knew it to be adjudged a Libel, Did this conduct wear the appearance

sonal danger, nor was I to be intimidated by the pitiful threats of associated placemen and pensioners.-The freedom of the press was attacked, and I felt it my duty as well as my inclination, as a printer, to defend and support it, as far as my individual exertions could extend. In those times of false alarm, and pretended danger, it became every true friend to his country to be at his post This I conceived to be mine, and here they would ever find me."--Here this gentleman left me, but not without first acquiescing in the propriety of my remarks, and expressing his approbation of my conduct.-I have been thus particular in relating the circumstances of this interview, as the subsequent proceedings of the association were maintestly regulated by it

Irom the moment this gentleman left me, I foresaw what would happen; and expected, as a maiter of course, an application from the association to the attorney general, to file an information against me, for my outrageous and seditious conduct. Vindication, &c. pp. 3—6.

especial manner commit to their guardianship, as your immediate representatives. It is not otherwise possible that your interests should be properly attended to.

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3. Should you not join the public spirited towns and counties who may petition for a reform in the national representation, there is reason to apprehend that it will be but very imperfectly amended. And if the amend ment fall any thing short of making parliament independent of the crown, perhaps the only difference we may find, may be, that it may henceforth cost the nation more to purchase majorities for the minister, than it has hitherto done; for if corruption, instead of being made impossible, be only rendered somewhat more troublesome, the additional trouble as well as the additional value of votes, must be paid for.

4. It is a truth known to you all, that a country which once loses its liberty, must shortly lose its trade also. Thus, on commercial principles themselves, you are bound to contribute your share towards the reform in parliament, although it should be attended with some cost and labour. The fruits of your industry will prove to your children but a poor inheritance, if not accompanied with freedom.

"5. So long as a majority of the House of Commons stall continue to be appointed by a number of borough electors, not exceeding seven thousand as now is the case; so long will bribery govern borough elections, corrup tion be the characteristic of parliament, and an oppressive taxation be the lot of the people.

"6. If the present inequality of representation and length of parliaments be the cause of parliamentary corruption, as they undoubtedly are, we must remove the causes before the effect will cease

"7. By a corrupt parliament is meant, that which, instead of being a shield against unnecessary taxation, is the hired instrument whereby the nation is pillaged; that which, instead of proving a check upon the crown, when disposed to engage in unnecessary and ruinous wars, is the bribed tool by which the nation was first gulled into an approbation of war, and afterwards drained of its blood and trearures to carry it on: and again, uniform experience teaches us, that whenever parliaments are under an undue influence from the crown, they are ever ready to betray the most sacred rights of the people. Suffice it at present to recall to your recollection a few instances only. In the reign of Henry 8, parliament enacted, that the king's proclamation should have the force of law; in the reign of William 3, they made a precedent for suspending by statute the benefits of the habeas corpus; and it has since been several times practised: in the reign of George 1. by means of the statute vulgarly called the riot act, all the constitutional means of giving support to the civil magistrate were supplanted in

favour of the practice of calling out the stand ing army That government which cannot pre serve its authority without such an instrument, deserves not the name of government; and that country, in which it is an ordinary practice to support the execution of its laws by a standing army, is not a free country. But the deadliest wounds that freedom ever received from parliament, were those which have been given it by the disfranchising statute of Henry 6, the triennial act of William 3, and the septennial act of George 1, for by the joint operation of those three statutes, the very foundations of the constitution are removed. Those statutes not only defraud the nation of six parts in seven, both of its election and its representation, but they have effectually vitiated the remaining seventh.

"8. Parliaments chosen as they now are, and continuing for seven years as they now do will ever be composed, for the most part, of a few factions, under the guidance of particular noblemen, perpetually contending for the power and emoluments of office. The common-soldiery of these several factions, like that of all other standing armies, is made up of mercenaries from the most idle and profligate orders of the community. Who so idle, as men of pleasure, and the vicious part of our nobility and gentry? Who so profligate, as murdering nabobs, prostitute lawyers, and unprincipled adventurers, who through the iniquity of corrupt elections, make their way into parliament, and there let out their tongues and their votes for hire?

9. Parliaments chosen as they ought to be, that is by the whole nation in just proportion, and continuing as they ought to do, før one session only, must of course (as corruption without doors would then be impossible) consist of men most eminent for virtue and wisdom from every part of the kingdom. Every district and every town (freed from an undue influence by the multitude of its elec tors) would undoubtedly appoint for its parliamentary representative, or attorney, the person best acquainted with its interests, and best qualified to promote them. These representatives, feeling that dependance on their employers which an annual clection would ensure, and carrying with them into parliament characters of value, would be doubly guarded against falling into temptation; besides their virtue would be farther secured from this important consideration, that, as no minister in his senses would esteem it practicable to bribe a majority of such a parliament, it follows, that bribing individuals could be of no use to him.

"10. But such a parliament cannot be had unless we will revert to the first principles of our constitution, which we have so shamefully abandoned. Since electing a parliament is our only security against an arbitrary power in the crown, election itself must be not only the common right, but the common duty of all the people.

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"11. The only plausible objection which is held forth, in order to discourage the manufacturing towns from demanding representation, namely, the loss of time amongst the workmen that would be occasioned by elections, is an idle bugbear.

"12. All the idleness and vice of modern elections in this country are the consequences of that very inequality of representation, and that long duration of parliament of which we complain. While all but the villeins of former times, that is, while all free subjects had their votes, and parliaments were chosen sometimes twice, and sometimes thrice in a year, tumult and debauchery at elections were unknown; and there were not above two or three cases of false returns or disputed elections in the course of two hundred and seventeen years, as stands proved by authentic records in the tower. In a single parliament of the present reign, the trials upon contested elections fill five large voluines; and the profligacy so frequently attending the choice of members is a reproach to our age and nation. Is it not time then to restore a representation of all, and parliaments of a single session; since they alone can ensure us peaceable and virtuous elections?

13. Prevent the temptation to the evil you dread, and the evil itself will be prevented: this is a law of nature. If parish officers, it common-council-men of London, and mayors of corporations, if committees for all sorts of business, if, in short, deputies of any other description, can be annually or more frequently elected, without any evil consequences, is it not an insult to common sense to tell us, that deputies for transacting our parliamentary business may not be elected also?-Prevent, I say, the temptation to the evil you dread, and the evil itself will be prevented. The temptation to the candidate-is the hopes of a place, a title, or what else he can get from the minister; the temptation to the borough elector-is the candidate's treat and bribe.-As elections of all, and sessional parliaments, would cut up by the roots this commerce of corruption, so they would ensure you elections as peaceable and orderly, as your weekly meetings at divine service, or in your markets. Thus that glorious word, clection, which is not to be found in the dictionary of any enslaved nation, would be restored amongst us to its plain and honest signification: carrying with it no other idea, than that of a free choice of freemen, for their own benefit and happiness.

"14. But if we cannot believe history, nor place confidence in records themselves, let us, at least, trust our own senses, and observe what is the conduct of our sober and sagacious brethren of America. If representation be of no use to a trading people, and if elections are nuisances, why have the citizens of Philadelphia, Boston, and all America, secured to themselves, by their new constitution, an equal representation and annual elections, as

the very essence of that constitution which they inherit in common with ourselves, and as that without which they knew they should not be a free people?

“15. If you think to enjoy the benefits of representation through persons chosen by other men, and over whose dismission you have no power, you much deceive yourselves. Supposing a merchant had not the choice of his own clerks, nor workmen, nor household servants, but they were to be appointed for him by the exciseman, or by some neigh, bouring lord, who had an interest in so doing, and if, when so appointed, he could not get rid of them in less than seven years, let their idleness, extravagance, and dishonesty be ever so glaring, and their insolence ever so insufferable, does it need the spirit of prophecy to foretel, that his name would soon be in the gazette, proclaiming him a ruined and miserable man? And is not that great merchant, the nation, brought to the verge of bankruptcy by these very means?-A nation happy above others in the fertility of its soil, and the industry of its inhabitants; a nation which now possesses a district of India, equal to the whole kingdom of France, and until the other day possessed also a continent in America, is nevertheless, I say, and by the means I have pointed out, nearly reduced to the condition of a bankrupt. In consequence of losing through supineness, the appointment of its own clerks, workmen and servants, or in other words, its own parliament, it is now indebted two hundred and seventy millions of money, and not only its lands, but future industry, is deeply mortgaged for the payment of the interest; whereas, had it constantly asserted its rights, it needed not at this day to have owed a shil ling.

16. As the interest upon these two hundred and seventy millions is just so much to be deducted from the national industry, and as nations less taxed may consequently undersell us at foreign markets, the manufac turing towns of this kingdom are peculiarly and eminently interested in restoring purity to parliaments. They ought also to recollect, that if it be neglected, an increase of debt, and consequently an increase of taxes, must follow; for so long as the cause of extravagance remains, the effect will not cease.

"17. Although it is granted, that if petty boroughs and septennial parliaments were still to remain in statu quo, and the only alteration to be obtained, were a mere election of two members for each manufacturing town, the general advantage therefrom would be trifling, and the new elections might perhaps be inconvenient: yet, that is not what is proposed; nor would be the consequence, if those towns containing an immense proportion, of the whole nation, would properly exert themselves. In conjunction with Surrey, Middlesex, and the Metropolis, united in quintuple alliance, and the many other generous towns and counties

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