Star.
London, England, 1820-09-13 00:00:00

LORD ERSKINE.

The eloquent efforts of Lord ERSKINE, in defence
of her MAJEsrv, have been justly admired and ap-
plauded. The whole of his Lordship's legal life was
spent in orp.sing injustice and oppression, and in
promo:ing a love and veneration for the Constitution
of his country. The same spirit that animated his
exertions on former occasions—the same zeal and
talent that distinguished his splendid career at the
bar—and the same anirning voice which he has so re-
peatedly raised for the safety of the State, and the
security of Government, have been freq"ently mani-
fested in the proceedings against the QUEEN. As an
instance of his eloquence and just reasoning, I send
you an extract From his speech delivered on the trial
of Mr. THOMAS IVALKER, of Manchester, at the
Assizes at Lancaster, April 2, l7jl, " for a conspi-
racy to overturn the Constitution and i.overnment,"
which extract may be aptly applied to the spirit and -
proceedings of the present times. I would just ob-
serve, that the only person that mild be hired to give
evidence against Mr. ‘VALKea, was one Thomas
.Dunn, a k 1 ca v er, from Ireland. Dunn was convicted
for perjury, having acknowledged that he had been li
bribed to swear against Mr. WALKER, who was, of
course, honourably acquitted. Dunn was sentenced to
two years imprisonment in Lancaster Castle, and to he
put once in the pillory. The spit it which dictated the
proceedings against Mr. WALKER, and the means re-
sorted to in getting up the evidence against him, ex-
ceeded, for baseness and malignity, anything before
known in this country.
Towards the conclusion of his address, Mr. ER-
-KINE observes:

a Unjust prosecutions lead to the ruin of all Governments;
for whoever will look back to the history of the world in gene-
ral, and of our own particular country, will ire convinced, that
exactly in proportion as prosecutions have been cruel and op-
pressive, and maintained by inadequate and unrighteous evi-
dence, in the same proportion, and by the save means, their
authors have been destroyed, instead of being supported by
them; as often as the prii.ciples of our ancient laws have been
departed from in weak and wicked times, as often the Govern-
ments that have violated them have been suddenly crumbled
into dust ; and, therefore, wishing, as I most sincerely du, the
preservation and pros;..rity of our happy Constitution, I desire
to enter my protest against its bring supported by means that
are likely to destroy it. Violent proceedings bring on the bit-
terness of retaliation, until all justice and moderation are trampled
down and subverted. Witness those sanguinary prosecutions pre-
viousou the awful period in the last century, when Charles the
lir•t fell. That unfortunate Prince lived to lament those
vindictive judgments by which his impolitic, infatuated fol-
lowers imagined they were supporting his throne. Tie lived to
see how they destroyed it. His throne, undermined by violence,
sunk under him, and those who shook it were guilty in their
turn. Such is the natural order of injustice, not of similar, but
of worse and more violent wrooos. Witness the fate of the un.
happy Earl of Strafford, who, when he could nut be reached by
the ordinary law,, was impeached in the House of Commons,
and who, wh..or still beyond the consequences or that judicial
proceeding, was at last destroyed by the Arbitrary, wicked man-
date of the Legislatuce. James If. lived to ask assistance in the
hour of his own distress, frosts those whom he had cut ollf from
the means of giving it. Ile lived to ask support froniohe Earl
of Bedford, after his son, the on: olutiate Lord Row'', had
fallen under the axe of iojustice. I once oad a son,' sold that
Nohle person, who could have served you: Majesty opoa this
occasion!' but th:re %vas note then to mai'. him.—l cannot p
tell how others feel sins tut se subj,cts. but I know hew
it is their i.iterest to feel co.icerning them. We ought to be p a-
suaded that the only way lay which Governmeot cin be honour.
ably or safely supported is, by cultivating the love and olf,ction
of the People; by shewing them the value of the : 'oostitution
by its protection—by making them understand its principlcs lay
the practical benefits derived from them, and, above all, by le -
ting them feel that security in the administration cf Law and
Justice." Z.

TRI.4LS AT YORK, FOR HIGH TREASON.

" YORK, 31oNimv.Evmule.

The Court met this morning at nine oclock, ac-
cording to adjournment, for the trial of the unfortu-
nate men who were arraigned here, on Saturday,
upon a charge of High Treason.
So rah ly as eight o'clock the doors of the Court
were thrown open, and in a few minutes it became
crowded in every part. The prisoners, 22 in number,
were soon after placed in the dock by Mr. Stanelly,
the jailor. All but two were young men : the whole
had the appearance of being humble mechanics or
labourers. The men themselves were calm and col-
lected; but some females, who were said to be the
wives and mothers of some of the prisoners, appeared
h, Court in the greatest agitation and distress. Soon
after nine o'clock, Mr. Justice BAILEY and Mr. Jus-
tice PARKE took their seats on the bench. Mr. Rat N E,
leading Counsel for the prosecution, Serjeants Hut.-
Locic and CROSS, and Mr. LITTLEDALE, who were
also for the Crown, with the Treasury Solicitor, also
took their places. Mr.WILLIAMS, Mr. STARKIE, and
Mr. BLACKRURNE, appeared for the prisoners.
Mr. WILLIAMS rose, and addressed the Court.—
" My Lords, since the arraignment of the prisoners on
Saturday, they have considered this subject, and are
now desirous, with your Lordships' permission, to
withdraw the pleas they then gave in, and to plead
Guilty."
Mr. Justice BAYLEY.44 I take it for granted that
the prisoners at the bar are all in hearing of what is
passing in Court, and are ready to withdraw their
plea %Not Guilty."
William Comstive, a young man, who was evi-
dently-the m'st intelligent of the prisoners, and to
whom they appeared to look with confidence, im-
mediately said —n They are 41 acquainted with it,
My Lord."
Mr. Retus.---64 My Lords, we have no objection to
it on the part of the crown."
It is right to explain the arrangement in conse-
quence of which the prisoners withdrew their plea of
Saturday, and took. the course now adopted.
Soon after the arrival of Mr.WILLIAMS yesterday,
who was known to be the leading Counsel for all the
prisoners, an intimation was made to him, that, if the
prisoners clipse it, they might have their lives spared
upon making submission. This communication was
simply conveyed to the prisoners, without one word
of recommendation or desire either one way or the
other, and the men were allowed one hour to con-
skier the proposal. At the termination of that period
they all expressed a wish to submit ; and again, upon
the Atm. rney's attending them in prison this morning,
they all said, that they had had the night to reject
upon the subject,'and that they adhered to their wish
.of availing themselves of the proposal.
Accordingly, when they caine into Court this
morning, they were humanely appized by Mr. Wu-
. ill a Celllienatioll with them, that they had

still to undergo the form of receiving sentence in the
usual terms for High Treason. The prisoners ex-
prEssed themselves premed:
Mr. Newsteld, the Clerk of the Crown, then called
over the several names of the prisoners, whurespee-
tively withdrew the.plea or Not Guiky, and ple.tded
Guilty. The following ate the names and ages of
the prisoners :
William Comstive
Iliettard Addy . -
Charles Stanfield
Benjamin Hanson
Joseph Chappiel
James Flowers -
Benjamin Rogers
William Rice

AGM)
- 28
- 29
-
- 21
- 85
- 49
- 30
- 40

Join: r..rrymond
Abraham 1

ACM

.
ss
20
23
20

'ngharn
George Brien -
John Hob4on -
George Iktrkinshaw -
William !Tolland
Michael Downing
John Lindley -
Nark* Buckley -
Thomas Blackburn& -
John Peacock - -
• labourers, weavers, and

John Burkinsha*
Joseph Forth -
John VaMulce -

-
so
40
33
45

The prisoners were all
cordwainers.

Mr.NEWSTEAD then asked the prisoners severally,
ih the usual terms, what they had to say why sen-
tence of death should not be passed upon them ac-
col ding to law ?

The prisoner Corns/foe explained this form, as he
did the preceding, to his fellow-prisoner Flowers,
who was very deaf.
Flowers replied, " I wish to agree with the rest of
my comrades."

Mr. Justice BAYLEY then rose to pronounce the
awful sentence of the law, Mr. Justice PARKE stand-
ing by his Side:
Prisoners at the bar—how thankful I feel in be-
ing able to announce to you that your lives will be
spared is more than I am able to express.—(Hie
Lordship here became affected to tears, and was for
a moment unable to proceed).—lt is, indeed, most
distressing to see so many in the prime of life, in
the full enjoyment of health, guilty of having c(an-
mitted an offence which might have made it the
duty of those who have to dispense the administra-
tion of justice to consign you to an untimely end.—
I am glad most heartily, and it is most fortunate,
that, in the several case, you have to answer for, no
blood has been shed, and no life has been sacrificed.
Tat has laid the foundation on which the Crown,
in the exercise of the duty it owes the Public, has
extended, you that mercy, which, under different cir-
cumstances, it would have been its bounden duty to
withhold. The Government of this country has a
great stake to answer for to the community at hrge,
for it is the great guardian of the public peace, and
the community have a right to look to it for that de-
scription of conduct which is best calculated for the
protection of property and safeguard of life. And
when an attempt is made to put life or to put pro-
perty in hazard, the Government is bound to consi-
der carefully each particular case and though it
must always be highly gratifying to extend mercy
where mercy can be extended, yet it has also ano-
ther duty to perform, of a painful character—that of
executing justice. I most cordially thank GOD that
in your cases mercy may be extended, and that an
opportunity will be afforded you, by your future
conduct here; to make amends for the offence which
you have committed. The offence to which you
have pleaded guilty is in this, and has been treated
in every other country, as the highe,t offence which
a member of society can commit. If we look at the
consequences to which your crime naturally leads.
man can contemplate, without reason to thank
GOD. that your offence was stopped short in its pro-
g! ess. If armed insurrection arises in the country,
it, intemperate consequences no man can foresee.—
Ho.Y many lives may be lost—how many women-
ma% be made widows—how many children may be
made orphans, deprived of the protection and ex-
ample of their palms, and thus bereft perhaps of
the means which might make them useful here, and
qualified for happiness hereafter ! What have been
the causes which have drawn you—probably I may
say, deluded you—iitto the commission of this crime,
I cannot state; but this I may say, that if from sedi-
tious or blasphemous publications you have imbibed
the principles which have driven you on to the con-
duct for which you now stand at that bar, for how
much have they to answer who were the instruments
of putting such publications into your hands ! We
cannot go through the world without seeing that, to
a very considerable extent, sedition and blasphemy
go hand in hand ; and it is worldly wisdom for their
promoters to connect them together, because the best
security for the peaceable demeanour of men is the
fear of GOD; and the most effectual way to train
men up to sedition is to make them forget their
MAKER, and so to obliterate all sense of duty. If,
in the prime and vigour and strength of life, you
have for a moment been induced to forget HIM from
whom life and health, and- all things, proceed, I
hope the delusion will be of short duration. I trust
your situation will prove, as it ought, a warning, to
deter others from practices against the Government
of the country, and against the lives and security of
their fellow-subjects. You may at times have felt
distress ; and have, perhaps, been drawn into the
commission of your crime by the distresses of the
times. It is the lot of human nature at times to meet
distresses of different descriptions. It may, perhaps,
be intended by the hand of PROVIDENCE, as a wise
means to make man look up to HIM who is the foun-
tain of happiness, the fountain of peace, and the giver
of all things which man enjoys, that different men
should, from time to time, meet with privations,
through the wisdom of Hoc without whose consent
not a sparrow talleh to the ground. It will be wise in
you, and all who hear me, to look up to Hist, to be
thankful for all b!essings, and to be resigned under
all privations. It is now my painful duty to pro-
nounce upon you the sentence of the law, which is
a most awful one, and calculated to impress an ab-
horrence of the crime to which it is annexed. I have
already expressed, and I now repeat, the gratifica-
tion it gives me to know that your sc.ttence will in
no part of it be carried into execution ; but that a
commutation will be made, upon a due Consideration
of your respective cases, in that quarter where it'
can alone be made, for it dues not rest with us."-4
The Learned Judge then pronounced upon the seve-
ral prisoners the awful sentence of death ; and con-
, eluded by saying—" and, Whenever death shall.
$ come upon you, may GOD ALMIGRTY, whose mercy
is infinite, extend to you that mercy which your
Isituation may require.
The prisoners- appeared meth impressed with a
sense of their situation, and seemed crateful for the
mercythey were promised.

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