IMAGE EVALUATION TEST TARGET (MT-3) //^.^^^^ K<^ kr ^^ A z ^ 4^ %* 1.0 I.I ^ lU 12.2 U lili 2.0 lU lU ■^l m ^ II '•< 1^4 ^ 6" ^ '*.:^ r Photographic Sdences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14S80 (716) 872-4503 %^% A^^ ^v^ '/7^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques ;\ \ '^ Tschnioal and BIbliographIo Notte/Notaa taohniquaa at bibliographiquaa Tha Inatituta haa attamptad to obtain tha baat original copy availabia for filming. Faaturaa of thia copy which may ba bibliographioally uniqua, which may altar any of tha imagaa in tha raproduction. or which may tignificantly ohanga tha uaual mathod of filming, sra ohackad balow. □ Colourad covara/ Couvartura da ooulaur |~~| Covara damagad/ D Couvartura andommagia Covara raatorad and/or laminatad/ Couvartura raatauria at/ou paliiculAa r~| Covar titia miaaing/ La titra da couvartura manqua □ .Colourad mapa/ Cartaa gAographiquaa wn coulaur D Colourad ink (i.a. othar than blua or black)/ Encra da coulaur (i.a. autra qua blaua ou noira) r~n Colourad plataa and/or illuatfRtiona/ n n Planchaa at/ou illuatratlona •n coulaur Bound with othar matarial/ Rail* avac d'autraa documanta Tight binding may cauaa shadowa or diatortion along intarior margin/ La re liura aarrAa paut cauaar da i'ombra ou da la diatoraion lo long do la marge intAriaura Blank laavaa addad during raatoration may appaar within tha taxt. Whanavar poaaibia, thaaa hava baan omittad from filming/ II aa paut qua cartainaa pagaa blanchaa ajouttea lora d'una raatauration apparaiaaant dana la taxta. mala, loraqua cala 6tait poaaibia, caa pagaa n'ont paa M filmiaa. Tha tot L'Inatltut a miorofilmi la maillaur axamplaira qu'il lul a it* poaaibia da aa procurar. Laa ditaila da cat axamplaira qui aont paut-Atra uniquaa du point da vua bibliographiqua, qui pauvant modif iar una imaga raproduita. ou qui pauvant axigar una modification dana la mithoda normala da filmaga aont indlquia cl-daaaoua. n~| Colourad pagaa/ D Pagaa da coqlaur Pagaa damagad/ Pagaa andommagiaa Pagaa raatorad and/oi Pagaa raatauriaa at/ou pailiculAaa rn Pagaa damagad/ r~n Pagaa raatorad and/or laminatad/ Pagaa diacolourad. ttainad or foxad/ Pagaa dicoloriaa, tachatiaa ou piqutaa Pagaa datachad/ Pagaa ditachiaa Showt Tranaparanca Quality of prir Quaiiti inigaia da i'impraaaion Includaa aupplamantary matarii Comprand du matiriai aupplimantaira Only adition availabia/ Sauia idition diaponibia Tha poa oft flln Orl| bog tha aior oth fira aior ori FT] Showthrough/ rn Quality of print variaa/ nn Includaa aupplamantary matarial/ I — I Only adition availabia/ Tha ahal TIN whi Mmt diffi anti bagi righi raqu mati Pagaa wholly or partially obscured by errata aiipa. tisauaa, etc., have been refilmed to ensure the best possible image/ Lea pagaa totalement ou partiellement obacurciea par un fauiilet d'errata, una pelure. etc., ont iti filmies A nouveau da fa? on A obtenir la meiileure image possible. v/ Additional commenta:/ Commantairea suppiimentairas: Irregular paginatmn : [1]- 81, 8647, 8445, 82-83, 88-127 p. Thia item is filmed at the reduction ratio checked below/ Ce document eat fiimi au taux de reduction indiqui ci-deaaoua. 10X 14X 18X 22X 26X 30X y 12X 16X 20X 24X 28X 32X TIm copy fllinMl h«ra tiM been raproduoad thanks to th« o*n«rMity of: BibliothAquo notional* du QuAbae L'axamplaira fllmA f ut raproduK grica i la g4n4rosit4 do: BIbllothiquo nationala du Quibac Tha Imagas appaaring hara ara tha baat quality poaalbia eonaMoring tho condition and laglblllty of tho original copy and In kaaping with tha filming contract apaclf Icatlona. Original eoplaa in printad papar covoro ara fllmad baglnning with tha front covor and anding on tha laat paga with a printad or illustratad impras- •ion, or tha back covor whon appropriata. All othar original copias ara fllmad baglnning on tha first paga with a printad or illuatratad impraa- •lon, and anding on tho laat paga with a printad or illuatratad impraaalon. Tha last racordod frama on aaeh microfiche ■hall contain tha aymbol --^ (moaning "CON- TINUED"), or tho symbol y (moaning "END"), whichavar applias. Las imagaa suivantaa ont 4t4 raproduitas avac la plus grand soin, compta tanu da ia condition at da ia nattat* da l'axamplaira f llmA, at un conformity avac las conditions du contrat da filmaga. Las axamplalras orlglnaux dont la couvartura an paplar aat ImprimAa sont fiimAs an commanpant par la pramiar plat at •n tarmlnant soit par ia darnlAra paga qui comporta una amprainta d'impraaaion ou d'lllustratlon, soit par ia sacond plat, salon lo cas. Tous las autras axamplalras orlglnaux sont filmte an commanpant par la pramlAra paga qui comporta una amprainta d'imprasslon ou d'iiiustration at an tarmlnant par ia darnlAra paga qui comporto una taila amprainta. Un das symboias suivants apparattra sur la darnlAra imaga da chaqua microfiche, salon ia cas: ia symbols — »• signifia "A 8UIVRE", ia symbols ▼ signifia "FIN". Maps, piatas, charts, ate, may ba fllmad at diffarant reduction ratios. Thosa too larga to ba antiraly included In one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, plonches, tableaux, etc., peuvent Atre fiimAs i dee taux da reduction diffArants. Lorsqua la document est trop grand pour Atre reproduit en un soul ciichi, ii est film* A partir da I'angle supArieur geuche, de gauche k droite, et de haut en bas, en prenent ie nombre d'imagas nAcessaira. Les diagrammes suivants iilustrent la mAthode. 1 2 3 1 2 3 4 5 6 El IW * Pi r H E ,^ TRIAL i I 09 DAVID MLAUE FOR ilig!> CreaCon> AT THE |€1TY orQUEBEC, in the PROVINCE ot LOWER-CANADA. 1 1 ■ '-1 •AS OIF Friday, the Seventh day of July, A* D< 17972 IMNM TAKEN IN SHORT.HANO,ATTHETRIAL» '. II—— —11 QUEBEC: ■ VRINTEO BY W; VONOENVELOEN9 IfA'WPRIKTEK TO THB KrNG's MOST BXCBLLSNT IIAJESTVy- , • • « g a . , .' . • • • . * I , » . * '•••';o..>f.>.'«, ••• • [)■ ■ ,- V...-, il mmmmmmmHmm c^- n. ■ t « « I •m • • • • t ■ " -• - • -• < • . •■ # . . • • • ♦ » • < p • • • ' • • • « • • * 1,^ 1 ■ 1 '.1 .l ■«« ■ f^^m , , 'M m - TRIAL i' ' or DAVID MLANE ^ roH HIGH TREASON. A Special Commiflion of Over and Terminer, wai iflued on the a4ih. of May, 1797* under the Great Seal of'the Province of Lower-Canada, impowcring the Juftices thereby affiened, or any tbreeof them (Quorum un'&c). to enquire, hear and determine all High Treaioni and Mifpriftona of High Treafons, committed within the^Difirift. of^ Quebec. . THE JUSTICES' AllIGN ID WIRE The Honorable WILLIAM OSGOODE,. hii Majefty*s Chief Juftioe of the Province. The Honorable JAMES MdNK, Chief Jufticeof.hia Majefty's Court of- Xing^t B^ch' for the Diftria of Montreal. The Honorable, THOMAS DUNN, JENKIN WILLIAMS, atid PIERRE AM ABLE DEBONNE, Jufticet of hisMajefty'a Courts of King's Bench for the DittriQ of Quebec. The Honorable Paul Roc ^di St. Ouasi The Honorable Hugh Fin LAY, . The Honorable FkAMCois Baby* ^ The Honorable JoMPH ox LoNouKiL, . The Honorable FitRRa PAHax, • . . The Honorable James M^^Gill^ The Honorable John Laaff, • The Honorable Antoinb JucRtitiAU Oucbbihay The Honorable John Young, Membeis of the Exe- cutive Council. The 1459^5 ^ i.-' i 't 4 1 The Chief Juftict of the ProviMe And ifie Chief JuAic« oftht Xin^'f Binch of Montreal were of the Quorum. The Precept wai figned by the Chief JuAice, Mr. Juftice Dunn, Mr. Jullice WilUami and Mr. Jullice Debonne, wai tefted the twenty-fixth day of May. returnable on Monday, the lath. day pf June, which made fifteen day* exclufive bctwfen the Tefte and Return. This was ordered upon the Precedent of the Precept iflued for the Trial of the Scotch Rebela, in 1746. (a) •mtium Om Monday, the lath. of I une, the Special Commiflion was opendd at the Court Houfe in the City of Quebec. PRESENT, The Honorable the Chief Juftice, The Honorable Mr. Juftice Dunn. The Honorable Mr. Juftice Bebonne, The Hononible iHugn fmHyf The Howrable Fran<;oii Bahy, - The Honorable Jofeph De Longueil^ The Honorable Antoiifie Juchereau Ducheftiay, . The Honorable John Young. The Commiflion was openly read. The Sheriff then dsiivered in the Pannel of the Grand Jury, which waji callfid over, and the following Gentlemen wereiwom. TME QRAND JURY. Trancia Le Maillre, Efquire, Foreman.' Peter Stuart, Efq. . Louis Duniere, Efq. Jacques/Perrcauk, £fq^ ,)F^«thaniei Ta^lcir, JE;rq. Louis G'ermam, Sfc^. . John Coffin, £0^. Hyppolite Laforce, Efqk Comte . Dupr6, Efq. . Charles PinguetjEfq. Louis' Turgeon, Efq. James froft;, Efq. Jacob Danford, Efq. Auguftin J. Raby, Efq.' Kenelm Chandler, Efq. John Craigie, Efc^. Ajexandier Dumas, 1SS<{1 l^ran^bis Filion, Efq. John Purfs, Efq, Pierre t.anglbis, Ef(^. Jofeph 0rapeau, Efq. George AUfopp, Efq. r After the u&al Prodamatton £e»r filence,. the following Charge waAgtyen to die Grand Jury by, la) Vide Fofter's Crown Law p. f. l* » »fc*ii4 w Ait> M i ^ i '*"'■ '■'^M' t ^ 1 T.HR CHIEF justice:* " ^. GcfitlertMii of tb€ Grand Jury, Till BiHi of Indictment for the Crime of Hlgd Tre^fon, thiii have lately been found by the Grand Inqueft of i 'neighbouring t>iftri^i and the recent Commitmenti that have taken place for tho lame Crime in the pi(lri£l of Quebec, afford abundant Proof of the Expediency of the AQ, paflcd in the laft Seffion of the Legifla- ture, for the better Prefervation of his Majefty't GOvemmenf, as by Law happity cftabliftied in this Province.— -On the prcffent Occa- . fion, however, it ha» not been necebary to rcfort (o any of the Powers created under that AHy and on Account of the Formalitiet and Delays incident to the Proceedings on an Indictment for Hign Treafon, as a confiderable Period of time'niufi unneceOariiy elapl'e before a Trial could be had within the dated Termi allotted for the^ Adminiftration of criminal Juftice;-^Hii.£xce)}ency the Go- Vemor hat therefore thought proper to djreC^ (he fpecial Commif- fion, You have how hear4 reatl, to rirae. This Meafurie was adopf. ^d in Teiidcrnefs to (he Parties committed, to r^reVe them from a long Confinement (hould l;hev be innocent, or for thie benefit of a prompt Example (hould they oe guilty. It Chierefofe how become^ your Duty, Gentlemen, in confeqiience of this Commiflioti, td enti)uire into fuch Charges as (hall be laid before you, refpeClinr the Crimes of High Treafon, or Mifprifion of Treafon, within thi^ Diftri6t, and cither to find or to ignore the fame; and alfo to pr^ , fenV any Perfons whom you thay know to faav^e committed the lik^ Crihnes, (hould any fuch haVe come within your Knowledge, Ih Tuftice to the People of thii Provrnte it (houtd be bbferved, that, fn>m the firft' £(i^Mi(hment pf the Britifii Government in th'^ Co- lony, down to a certain Pbriod» theCrime of High Treafon, U far from bieing committed, hadjaeihap^ not evetlbebn mentioned frOtft the Bench, or even held ai Place in the' JSnuhi^tation of OSk4tk» likely to be attempted. Till this Periodj the Cahadiahs] convinced by Expferience that they had the full Enjoyment of evei^ PriviUgfe^ to which their Ance(lnrs had been acchuoitafcd, Ahd that they we^ even exempted from fome rigorous Services iodd'en't tO adoyclht- mcnt purely Monarchical, cpntentedly lived urid^rlhe . jfCihg^s mM Dominion; and' (hewed theif Satisfaction by; a cBeirfuI Submltflbh to the Laws. If need hardly be mentioned that, the Period i6 which I aHude is tkit rtf the ii<"miiir t 7 1 . Treafon, and wai defcribcd, bv fubfc|qucnl WHieri, 'tccordin| U' the prevailing Noiiont of tht Time : it wti generally nndcrftood to cuitiift in a Brf»ch of the Paiih and Allcnance dot to iIm Crown i which it a Notion foffidently corrco ; but the principal Gfirvance arofe from the Want of ■ fpecific Definition of thofo patiicular Offencei aaatnft Alleaiance i»hich Oiould conftiiote tht Crime of High Trealon. Fur, by a plaufible Kind of InduAion, many lawlela A As of a criminal Nature might, in thofe unen* hghtened Trmes be fhewnto c ffend againft AlTesiance. It if there- fore no Wonder that Piracy wai onderiiood to i>e claflcd among treafonable Offencei^ ai liKewde the Cbncealmcnt of Treafure- trove. So waa tlfo an Appeal to a foreign fecular JurildiAion ) for, tbif hnported renouncing of the King'i Authority in hia Courts of juilice. Counterfeiting the Great Seal, was, by Tome, defervedly hefd to beHighTreafon, on account of the Authenticity afcribed to tlie Inftrument, at a time w^n, from Want of Litleratur^, fome' vifible Svmbbl was necelTarv to (lamp a Credit on public and private Tranra£lions of State; but, by others, the Counterfeiting of the Great Seal, as well as of the King's Money, wis claOed under a Delcripiion of Crime called Fauionnerie or Falfifying. The Killing of a King's Meflcnger was held to beTreafon, till at length the Impuiation of Jjreafon teemed to be affixed to cvcrv Offence in which the King's Name was mentioned. Among otheir extras, ordinary Inftances was 4he Cafe ora.Perlbn who bad been fworn on thr Grand Inqueft, who, having revealed the Evidence given upon an Indi£Hnent for Felony, was, for fuch Difclqfure, himlclf indi6led of Felony, and becaufe he had not kept the. King's .Cou.n- fel, according to the Terms of the Oath, the OfFeiKe was, by fome, held to be Treafon, but, of this the Chief Juflice ventured to doubt, in thefe turbulent Times itwascuftomary forthepower- ! fuL Barons and other Great Men to redrefs their private^GrievanceS) and to enforce what they thought their Due by their own Powers, this at length came to be conilrued into Treafon under the Appel- lation of accroaching the Royal Power; thus, in the cafe of » Knight in the Neighbourhixxl of London, who, with his Followers, in a warlike Manner, aflaulted and detained another .Gentleman till iie . paid him Ninety Pounds and. look away his Horfe. Th^ Knight was indited ** for accroaching the Royal Power within ** the Realm; .while the King was in foreign Part, by manifeft Se- dition asainft hit Allegiance", He was convi^cd and prayed hit Clergy, but it was refuted him on account of the Nature of the Crime. This Cafe happened in the z td Year of the Rei^^n of King £dwaid III' N I \ f n t • J III mUI ooeiUioii«4 t PctUion in PArliamcoti by iht Commoii*, ib«t it might be dccbrad ** in what C«fc« ibcy accroached tht Royal Power", To thii Pttiuon, accoidiog to ilie CuAom of the Tiuici, an Anrwerwaig^vcnby the King* h^t the Anfwer appear* to be rather dulive and ufiUtiifafWry. Thefe Grievanu:* con- tinued to be fq oppieflive, that the Comraons would not be con* Iciiied till fqine more precife and accurate Occlaraiion (huuld ba made on the Cubjed, and accordingly they egain petitioned the King in the i^tb Year of hia Reign, ftaliiig ** that many Perfon* *f were edfudged Tr«Mtori fnr divers Caufca unknown to the Com* '* moni to be Treafon, and therefore requeuing, that the King " wovld, by hjs Counlel and the great and wife Men of the Land, ^ declare the Poinu of Treafoa in that prcfent Parliament." Thia Petition gave rife to the celebrated Statute of Treafons, which haa flood the Teft of Succeeding Agei without being altered in a fin* . pie Tittle to thii Day, on account of which, and for other excel* lent Lawf paired b^ that Parliament, it obtajned the Appellation- of the bleucd Pf rlian^nt. Hitherto I have been flating what wa* formerly held tobeTreafon. I now proceed to (hew what ia Treafon at thia Hour, for, on ihia Statute it it that the Indi£knient»> to be laid before You will be frsUneti. The Poinu or Heada tf^Treafon declared by this A£k are (even iA> Number. The firft ii the Compafling of the Death bf the King, Queen, or Prince, and declaring the lame by an overt A6i. Thefecond, it the Violation of the King's Confort, the King'*- eldell Daughter unmarried, or the Prince's Wife. j^jThe thifrdj the levying of War afrainft the King in hit Realm. The fouirtht it the Adhering to the King.'t £aemiet, giving them Aid and Afi5ilance within the Realm, or elfewhere. The fifth, the Counterfeiting the Great or Privy Seal. The fijuh, the Counterfeiting the King's Coin, or bringing Coun» terfeit Coin into the Realm* ' ! i ■ ! The feventh, the Killing of the Chancellor, Treafurer, Jufticet^ of the one Bench or other, Juftices in £yre, Juflices of Aflize, Juf* Cices of Oyer and Terminer in their Places doing their Offices. In this Statute it isobfervable, that an exprefs Exception is made, probably in reference to the Cale of the Knight already dated, to have given riie to the former Petition, that, if a Man Ihall ride armed againft another wi^k In)/ent to kill or imprifon him^jt ihall ^ot MM MMUMaii MWa i*MhtMHWI it arc feven lA. c 9 r ■otbtiditidgedTrftlbii, but Felony or Trffbafi, Mtlit Cafe'majr Im, according loihc ancienl IKagttof iIm Rralm. The Statute fuiribrr rrqutrea cxprrfflf , that tha Party, acetifcd of ibcdiflTerent KindiofTrcaron therein diclared, (hall be attainted upon tufhcient Proof of fome open A6>, by Men of hit own Condi* lion. Somr of the Trcafopi thua (pcciftrd do, of ihenifelvei. iihport an open A&, luch aa counterfeiting the Scala, of killing the Ciian- ccllor. Other* again refpcQ the Intention of the Mind, fuch aa cnrnpafTing the Kino'i Death. But c», to difcover the fccret Purpo- fca uf the Heart is the Attribute of Omnilcirnce alone, fo it would behi(^hly prcfumptiuuiand dangerous in human Tribanals, lo take Cognisance of the Compaflingsof Meii'a Minds, wii bout lomt lub* ftantial Evidence of the Intention. Tht Law therefore reqliires that inch Compaffing be proved by f^'tnt open A£t. Furtbit, iff baa been dciertnineo that meerWorda alone, wkhont Reference to fome defign un Foot, or unaccompaifiedby fome A€l> will not amount to Trea- lou} the Obfervation being, that Worda may make an Heretic, but not a Traiior without an overt Ad. Writingi iilfo cf a treafuiwble Tendeiicy, while they ren[»ain unpublilhed and unconnedcd with any a£)iial ProjeA, will not. make a Man a Traitor, how pernicioua- focvcr the Theory may be, but on the other Hand, an all Writinga import a deliberate Acl, and more efpeciaily when publifbed, To |they may be produced aa overt AOa of^ diiFcrcnt KindH of TreaTon. n bua Cardinal Pole, who, a SubjeA of Henry VIH. and related to 'him in Blood, wrote and puhliucda Book in which he incited the Lniperor Charles V. at that Time preparing War againll the Turks, to bend hia force againfi England, and agaiitit Henry VHl. tha Cardinal's natural Sovereign and Liege,, the Writing of this Book ia flatcd, by Lord Coke, to be a fuDicient overt AQ. within the Statute of compaQing the King's Death, but not of the Bttanch of adhering to the King's *\ncniies, becaulii at the Time of publiOiing the Work, as hasjuflly been obferved by Sir Matthew Hale, the Emperor was at Peace with the King; from which it may be inferred that, had the Emperor been at (hat Time an Eneniy, it might have been charged as an overt Ad of t;i' ing 4>d and w^lFiftarce to tht King's Enemies. Moreover, wliere Papers relating to a certain deteiininatc trcat'tiuble PurtJofc, proved to be ihe Hand-wiiting of the P.»rty accufid, are found in his PoIRflion, they may lK;j>iv»niii Evidence unuinit him tho' unpubliQicd. For, it is admitted by Sir Michael Fi)Uer, one of the tnoil iiucili^ent aod libtTal o( thole>w|iomiilioni, owes hiqi ADegiaii^e* ^« Subjed, his AUe* gian^ if Mtnral, if an AUen it is temporary; and for that Pur- |M>ie evei^ Alien was formerly, compellable to be fworn at the Court Left* ' Whilft «n Alien Friend continues peaceably in the Kini% JDominiona hif is entitled, in common with the King's SubjeSt, ilo the Prptedion of the Law, from which he may obtain Hedref's tof any injury to bis Perfon or Property ; in H^turn- for this Pror* legion he 9w,- red 3c evprefled to be Trearons by the Statute made, as the Ad e^ preflci it, '* in the t5th. Year of the Reign of the moft>' noble K«n|^, ** of famous Memory, King Edirard III." . But fome of the re* pealed Treafona^ efpecially thofe refpccting' the Coin, Were fooA . re.erta£led. In the Fadioua Struggles that prevailed during the Reigns of Chartea If. and Jame* II. many opprclTive Meafurea took Place aa eaeb Party obtained the Superiority. In the Reign < of James the IL it was found that the Safety of the Subjeft vrai too much in- the Power ofvindiftiveMinifters.> To/cmody thit Evil, anAft wa^pafled in the Rrignof King William III. for the legulating of Trials, in Cafes o£ High Treafon, in vhiok many Salu. - tary Provifions are mat^e for the PtDte£lioii of tbe Party aeeufiM, and many iuft and reafonable Means of Defiin^ce were dtrededto be admitted^ which had formerlybeendifallowed; andit i«fpr avwrt Act of thr faima Treafoo. 't-hn: different Kimk or>H«ada of Treafon >' haver alveanfyheeo- mentioned an^itbe trueConftnib^ tion o^ thia.6taufe of eho Statute may be: explained by a Cafe; put from the Bench, if an Ihdi£lment for compaifing the King'a Deaths . the being ,arBKed: with a dagger for the pucpoie of killing the- King» bo laid a& 'an overt AQ, and. the being armed with a . Piftol for the i'ame Purpofe as another Overt Atk; it was' held that the pro* viHg, of one of the overt Afts byone Wime(«v and the other/ by a diffcrenb Wune£| waft Proof by two Witn^fles wtthinthi^ meaiUifg of the Statute. By an A£V paired in the 7(^¥0ar of Q«ieeiv Aftne, whifih is npw in Force (itrbetng enaded that ib ihouldtalK ^etb after the Dedth of the Pretender) further Provifion is |na4e ia;^«Mf oft Parties indicted for High Treafon, which, as they are no where conae£led with the Duties of tfie Grand Inqueft, it were needlefa " . ' ' '. 'to* i». l" C «4 tDmcationaldio'thcv rnnft MMfTttiljr W obrrrved onihe P«rt-of the Pmrcculkm, ' The CooimcnU marie by the iotelligeac aocl bii« maneAatliproftlieDtfcoorfe on High Treafon, on die probable £fic6U ofthii Statute, it it hdped .will noi be confirmed in thif Province. Had he lived to tbefie.Tiniea, perhaps he iFouId have Reafoti to fufpcd that feme of the bad Eodi he deprecated ^ve already Wo accompliftied*. Having talien up fo much of Yonr Tim, Gentlemen. I (hall con* . cinde tfiy Obferyatiopa by ieinarking,^t|Mti the Di|tie« of y oi^r Office do at febM Ttmcf ioyoivc the moft feifoiu. and important Confidcra* 4ienf. Shottld yonheve Realbn toCredittbe fividepce that will pro> bably be procwced, you will find that • pefignhat been fome timf fince on foot,iv1iicb, if <{arried ifito fuccef»ful£xcciitiQn, would fubi leqiiencei. become a Court of Juftice to excite your, feelingabj a Repre- ientation of projeBed £vils, fo, I triaft, it ia unneceffary to re- «ommcnd, ]^ou to enter upon the £nqu^ with Calmipers and Deli- beration. Gentlemen of Your Education and £xperiencc will of courfe pay little Regard to idle Reports^ or vain Surmifes, fliould the Charge be thuawykly fupported; but fbbuld probable £vi» doice be laid before you by two Wi'tne&s tending to fix the Perpetration of any one of the overt ACli, charged in the IndiQ- ment, for, diie Proof of any «neof the overt KQk% will fupport a Qonvi^ion, you will thiidt it incumbent on you to prefi^r 9n Accufation againft. the Party that his Innocence or puilt may appear by a Vezdid of the Country. Gentlemen, Itiwill detain you no longer, being fuHy perfuaded that, in the Peifomumce of your Duty, you will condua yourfelves to the Difeharge of yoiir own Confciencet and the Satisfadion of Ihe Province. Thb Court adjourned to Wednefday, ihitx^h, 6f June. 'WEnNBSDAY, the 14M. June. The Grand Jury prefetited ^a Bill, of Indidment againft DAvin M'L«NE/.£or pif,h tuafm^ which they unanimoufly found « irvit hilL "^On Motion of Mr. Attorney General, a Rule was made in the following woirdr, •' * . ; . ' ' *' It ii «M a« made in the If 15 I •• It if .ordeffd that thk |hefiff of the Diftrift of Qaeb^ do ** forthniih di^Hver to Mr. Atvuney Oeocva) a Lift of the lunr, 10 •* be teuiroed hf him for the Trial of the Pn|baer, David M*Laftt» •< mentioiMng the Names, Pkofiiflioii aad Pkcei of Ahpde of iiieh !* Juiori, in Order that fuch Uft may he delivetad to the Pnffa^ •* at the Cime Time thut the Copjr of the U4*^lment;ii delivered to " him." . . The Prifonet wai then brooghe to the Bar and inforined bv th« Court tKati a Bill of Indtttment for High Tieifon bad'beeo round againft him, of whteh it «^il the Doty of the' Attorney General ta ftrre hnn ffiih'a CdpVt te^gether kith LiftirWthe Jliron to be m> turned by the Sheriff for hie Trial, and'orthe Witneflea to be jiro- ^dttced on the Part of the (3r6wn; The Otnitf «dded that he wa< en^ titled to Cotfnfel, if he triftedfor ftich AflHbnot. ThjB Prifoni^ &|d h^ di^t and OB hif, f^f^ Mi*. Pv^lljind Ma. Fa A»c^MN.wer|. affiled, b^ the Court .to ^ hj« 099)nr'.'iM,».' ^•'•''WmBdlt*!! WlJiSHS^WiHMi^^ DiiTBicT Of QuiBic, 10 wit. " ♦ ;t%rt K^ THE Jurors for our Sovereign Lord the King, npon their Oat" prelrnt, that, on the firft Day of March, in (he thirtyr-levencfl Year of the Rrign of our Sovereign Lord George the third, IQ^ the Grace of God of Great Britain, Fiance and Ireland KinfC, Defender of the Faith and fo forth, and long before and coli<' tinualiy from th^-nce hitherto, an open and pubhc War wm mn4 yet ia carried on between our faid Sovereign Lord the Kin^, an4 the Pcrfons cxeriifing the Powers of Government in France, thai is to fay, at the Piiri(h of Notre Dame de Quebec, commonly called the Parflh of Quebec, in the County m Quebec, in the Di(lri£l of Quebec afotefaid, and that David M«Lane, latd of the laid Pan lb ol Notre Dame de Quebec, commonly cal I led the Parifli of Quebec, in the.Countv of Quebec, in tho Diftri£t of Quebec atorefaid, Merchant, well knowing the Premif- fes, but not regarding the Duty of his Allegiance, nor having the Fear of God in his Heart and being moved and feduced by th« Inftigation of the Devil as a falfe Traitor againft our faid Sove- reign Lord the Kinff, wholly withdrawing his Allegiance and Icontriving and with all hu Strcnith intending the Peace and com- ion Tranquillity of this Province of Lower-Canada, Part of the dominions of our faid Sovereign Lord the King to difquiet, moled ^nd difturb ; and to depofe our* faid Sovereign Lord the JCms rom the Royal State, Trtle Power and Government of the Pro- rince of Lower-Canada, Part of the Dominions of our faid So- rereign Lord the King, and to bring and 'put our faid Sovi*reign Lord the King to Death, heretofore, to wit, on the faid firft Day >f March, in the thirty-feventh Year aforefaid, and on diviers other >ays as well before as after that Day, at the faid Parifli of Notr« >ame de Quebec commonly railed the Parilh of Quebec, inthff bounty of Quebec, iti the Diftrid of Quebec aforefaid, malici- >ufly and traiteroufly, with Force and Arms, did compafs, imaginjB md intend to depofe our faid Sovereign Lord the King from the ~toyal State, Title, . Pjower and Government of this Province o€ >wer-('anada. Part of the Dominions of our faid Sovereign Lord jthe King, and to bring and .put our laid Sovereign JLori^ the King |to Death. And TO ruLFUL, perfe^and bring to EffcEl his mofl evil land wicked Treafon and treafonable Compaflihg and Imaginations aforefaid, He, the faid David Mc Lane, as iuch falfe Traitor a^ aforefaid, during the faid War, to wit, on the faid iirfl Day df March ' ■ '■ ■' e ^••'" ip- y h £' k ■ *■ J|, the tl^IrtyUbventb Yetr aforeraid, an^ofi dlfmolWlSy^, if ¥fB)^ before M^ after that Oaf. st lb* afofcfiiid Panfh of &'o|ri jlama de QutWp, conwnAnly esUcd the Parifli of Qutbcc, u% the jj^umy of QuebeCt in the QiilriA of Quebec aforeriud, with Forca * Arms ■liliCM'tt^y And traiceroufly didf with divers otiicr Pbr« , nrhofa Namca aie IQ tho (aid Jiun-oft unknoMra, CimCpirc, coik. coofcDtAnd. •(^ree t« caufa, procure, folicit and incite the Parfonf epcorciling ihe Poirert of Govermnenc in Franoe, Mid ppg^ fn afofelWdt Bncmici of oi»r faid Sovereign Lord the King^ I invade thii frovinae of Lo>wer-CAn»da» Part of the Dominions «f ou» faid Sovereign LMrd tke King» in an hoftiie Manner, and $omrty oik the Wat afocefaid againA our faid S(>verei)|n Lord •he King wkhin thi«< Province of Li>i««r>Canad«s Pack of iJm Do- jptnims of our faid Soivoicigii Lord the King, '' And riyaTHiR to fuljill, perfcA andlinngto £ffe6thifeing, at Aforefaid, Enemies of our faid Sovereign Lord the King^ to invade this Province of Lower- Canada, Part of the Dominion! oC our faid Sovere^n Lord the King, in an hoftile Manner, and to carry on Che faid War againft our laid Sovereian Lord the King, within diis Province of Lower-Canada, Fart of the DominjUwis ofoikr faid-l Sovereign .Lprd tbe King^i. Am0 FVRTHiit to ^ulfixl, jttrkEt and bring to ZffeEk his moft^j iMl and wicked Treafon and treafonable Compamngs andlmagina- '^iohs aforefaid. He, the faid I>avid M'Lane, as fuch falfe Traitor as stforefaftd, during, tbe War aforelaidi to wit, on the faid firft Day of March, in the thirty-leventh Year aforefaid, and on diviers Days tfi well before as after that Day, at the aforefaid Parifli of Notre Z>ame de Quebec, commiHiIy called the Parifli of Quebec, in the County ofQuebec, in the Diftrid of Quebec aforefaici, with Force and Arms, malicioufly and traiterouliy did, with the afor;.faid Perfons exerciling the rowers of Oovernmeat in Fiauce, iind being, *r 111 I liiaiif >i « ■ " I I » tmmmmim0mm tl9l .. ^' libitfiifil, IfMnfet of our frlA Sovmlfn' tord Um Ithif , M# Ijpire, cofiruU, «Mi(cm and ligfc« to vA(; \wy «iid nwkt lafci^ Mi linions of our faid Sovereign Lord the King and to aid and affifl' ind to feduce, perfuade and procure divers Subieds of our fai^^ [Sovereign Lord the King, to aid and affift the faid rerContexercifinc [the Powers of Government in France, and being Enemies , rnaliciouCly and traiterouily, did folicit, perfuade, move and iikcite divers Subje^sof our faid Sovereign Lord the King, to levy and make f t } i i^:' JLord the King withia ihii Province of Lower-CaiwMb, Part of tht Dpminions of our faid Sovereign Lord the Kiagt and to aid and «fiUl the faid Perfonif fo ai aforefaid, e»crcifin£ the Powcn of Go* vtmiaent in France, and being Eaemiei of our faid Sovereign Lord the King a« aforefaid, in an hoftile InvaGun of this Province •f Lower-Canada, Part of the Dominions of our faid Sovereign iiord the King, and in the Profecution of the faid War againll out laid Sovereign Lord the King. And fURTHta to ruLriLL,perre6l and bring to Effect hiimoft flvil and wicked Treafon, and trealoniible Compafliog and Imagine^ liiona aforefaid, He, the faid David M^Lane^as furh falfe T>aitor ai Aforelaid, during the faid War, to wit, on the laid firil D^y of March in the thirty-feventh Year aforefaid, and on divers other Days aa .well bcfoie as after that Day, at the Parilh of Notre Dame de Que- lle, commonly called the PariOi of Quebec, in the County of Quebec, in the Diftridl of Quebec aforefaid, with Force and Arms malicioufly and traiteroufly did folicit, perfuade, move and incite di« vera Perfons, (not being SubjeCls of our faid Sovereign Lord the King, to levy and make Infurre£lion and War again A out faid So- ■ycicign Lord the King, within this Province of Lower-Canada^ Part of the Dominions of our faid Sovereign Lord the King, and CO aid and afliil the faid Perfons, foas aU>refaid exercifing the Powers of Government' in France* and being. £iiemies of our faid- Sovereign Lord the King as aforefaid, in an hoftile Invafion of thia Provioee of> Lower-Canada, Part of the Dominions of out faid So- vereign Lord the King, and in the Pjrofecution 4>f the War aforefaid, againll our faid Sovereign Lord the King., ' AiilJl runTHBR ToruLFiLL, perfe£land bring to EflfeCI. hia mod. «^i(and wicked Treafon and treafonable Compaflingand Imaginati- ons aforefaid, He, the faid David M' Lane, as luch falle Traitor as a* forefaid, during the faid Wari to wit, on the. faid Arft Day of March, in the thirty-feventh Year aforefaid,. and on divers other Days, as well before 11 after that Day, at the aforefaid Pari (h of Notre Dame dc Quebec, icommonly called the Pari(hof Quebec^ in the Coun- Lof Quebec, in the Diilii£l of Quebec aforefaid, with Force and ns, malicioudy. and traiteroully, did get ready, .raiie and en-, g^ge feveral Men, whoCe Names are to the laid Jurors unknown, to take up Arm& and to levy and wage War againft our laid Sovereign Lord the King, within this Province of Lower-Canada, Part of the Dominioas 9f our faiwer-Canada, Part of the Dominions of our faid Sovereign Lord ^he King to levy and ^make and to aid and affid the faid Perfonl» (xercifingthe Powers of Government in France, and being, as i* forefaid, Enemies of our faid Sovereign Lord the King, in an hoftile Invafionof this Province of ' Lower-Canada, Part of the-DotninU ' ons of our faid Sovereign Lord the King and in the profecotion of the War aforefaid againil.our iaid ^>vereiga Lord the King.« And ruRTHiR to ruLiiLL, perfefk,' and bring to EffeClhis mod evil and wicked Treafoa, and treafonable Compaifin^ and Imagina* tions aforefaidyHc, the (aid David M<^Lanef as fuch taifo Traitor as aforefaid, during the faid War, to wit on the faid firft Day of March, in the thirty-fevr nth Year aforefaid, . and on divers other Days as well before as after thas Day, at the aforefaid Parifli of Notre Djime de Qiiebec, commonly called the Pariih aif Q jebec, in the County of Quebec, in the DiAritlof Qaebec aforefaid, with Force and Arms, malicioufly and traiteroufly did enquire of divers FexfoiiSf and did colled and obtain Liformatioa and Lntelligcnce, whether the Subjefls of our laid Sovereign Lord the King m this F/ovince of Lower-Canada, Part of the Dominions of our faid So- vereigii Lord the Kiag,. were, or were not, well afFc6ted to our fuida »■» I ( i\ 1 i •• 7 (afal Soiroitigii Lord the King and h»a OiMffminMl, Im^ livif, lii vtM not likely to join with« and aiiifl lb* Foraetof the Ikid Pat^ ton* exercifing the Powers of Government in Fraact, and k«in|| aa aforefaid, Encmiet of our f^id Sovercigo Lord the King, in Caw an faoftilc Invafion fliould be by them made itito ihii Province of lA>wer*Caiiada, Part of the Domiiiiuni of our Otid Sovereign Lor4 the King, with the Intent to communicate, norify and reveal, and lo caufe to be communicated, notified and revealed fuch Intelli- gence and Information to the fiid Peifoni, cxcrcifing the Puweri of Government in France, and being, ai aforefaid, Enemiea of our faid Sovereign Lord the King, for the Aid, \(G(lance, Oirc£\ioa and Inftruttion of Chcm, the faid Enemiea of our faid Sovereign Lord the King, in their Condo6l and Profecution of the (aid War •gainft our faid Sovereign Lord the King. And ruaTNia to i ULriLL, perfe6\and bring to ftfMk Mi mod •Til and wicked Treafon, and treafonable Cempafling and Imagina- tiona aforesaid, He, the (aid David McLane, aa ftich falCe Traitor aa aforefaid, during the faid War, to wit, on the faid firit Day of March, fn the tnirty-fevcnth Year aforefaid, and on divera other Daya aa well before as after that Day, at the Parifli of Notre D«tm0 de Quebec, commonly called the Parifli of Quebec, in the County of Qucbrc, in the Diilrid of Quebt c aforefaid, with Force and Arms, malicioufly and traiterouTly did obtain and acquire Know- ledge of the Strength of the City of our Sovcreiun Lord the Kiag, called Montreal, within thia Province of Lower-Canada, Part of the Dominiona of OUT faid Sovereign Lord the King, and how the fame City of Montreal might be attacked and inveflcd, and into the Hands and PofHeflion of Enemiea and falfe Traitors againft our laid Sovereign Lord the Kmg, be taken and feized, with Intent to com- municate, notify and reveal, and to caufe to be communicated| iratified and revealed fuch the aforefaid knowledge, fo by him, the IViid David McLane, obtained and acquired, to the faid Perfonl cxercifing the Powers of Government in France, and being, as a- forefafd, Enemies of our faid Sovereign Lord the King, for the Mfr-- t •» 3 fSbnt ftfor«f&i4. He, the faid n4vi() M*t^ne, ti fUch fjitfe Trtftor M •Ibrfraid, diiring fnmonlv eal/ed the P*ril|| [of Q^^^ lowardi foreign Parts, H , (he (aid David M'lUne.^ [baviog then and there in the PoirctlKiii of him« tlie faid D^vij |M*Lmic, InformaiioB and InteiHgencc whether the StibjcAs of out dud Sovereign Lord the King* in ihii Province of Lower-Cauadai part of the Doroinion* of our faid Sovcr«'if(n Lord the King, werei \cr were not well affcded to ouk laid Sovereign Lord the King land hit Government, and were* or were not likdy to join with and a(Sn the Forces of the faid PcrC>n», cxf rciiii^ the Power« I of Government in France, and being at Aforcfaid £ncmiet of out iaid Sovereign LoMlthe King^ in Cale an hoftiir Invaiion ibuul4 I be, by themi mttde into ihii Province of Lower Canada, Pa/t of tbt - jOominionf of our Cud Sovereign Lwd the King ; and having, alfo then and there in the PofleOiun of him, the Uid David MtLana, IKnowlcdKe of the Strength of the City of our Sovereign Lord thi$, "Ling, caUed Mootrcai, within this Province of . Loiwer.Caiiada|, *art of the Dominioni of our faid Sovereign Lord' the Khig, andi low the fame City of Montreal might be atiadted and inve(le4 [fad into the Hand* and Pofleffion of £nemief . and faUe Traatora againQ out faid Sovereign Loxd tlie King be taken and feised, with |m«nt to communicate, notify and leveal, and to Citufe to be com* ipunicated, notified and revealed fuch Intelligence* Idformationr and Knowledge to the faid Perfoni exerciimg the Power* of Go** vernment in France, and bring ^cmie^ of our (aid Sovereign Lord the King at aforefaid, for the Aid, A/fiAancCr Dircttion and In*. ftruAion of the faid Perlbna excrcifing the Pbwer»of Government! im Francci and being, as aforelaid, £ncfnieaof our faid Sovereim Ijord ihe Ki')g, in tbt Conduiii and . Profecutioa of tha (aid >^Uit.- agaiiift. our faid 'Sovereign Lord the r King. . Ann pvRTHaa TaruLriLL,prrie£l and bring tO' fifed hit mod evil and wicked Treaibn and treaionable Compalling and Imagu Oatiom aforefaid,, He, the faid David M^ Lane, aafuch falleTrai. I^or as aforeiaid, during the War aforcfaid, to wit, on the faid/ $r(l Day of March, in the thirty-feventh Year aforefauL andoo^ dHrev other Days aa well before aa alter that Day, malicuiufly and.% V W \ ind traiterouflvt with Force and Arms, the aforefaid Pariih of Notre Dame de Quebec, commonly called the Parifti of Quebec, in (he County d^ Quebec, in the Diftiia of Quebec aforefaid, under the falfe, feigned and aflumed Naineot Jacob Felt fecretly and claQclcllinely, from foreign Parts, did enter* Ano i^VRTHER TO FULFILL, |)erfe£l and bring to EffeEt his moft etil and wicked Treafon and treafonablc Cnnipuding and Imagina- tions afore laid. He, the faid David M^Lane, as fuch'fdIfe'Tiaiior iS jkforefaid, during the faid War, to wit, on the Taid fiift Day of March, in the thirty- feventh Year aforefaid, and on divers other Days as well before as after that Day, at the faid Paiifh of Notre Dame de Quebec, commonly called the Parifh of Quebec, in the County of Quebec in the Diflri6t of Quebec aforelaid, with Force and Arms, malicioufly and (raiteroufly, did, with divers other Per* fons, Whofe Names are to the 'faid Jurors unknown, confpire; confult, confcnt and agree the walled and garrifoned City of Que* bee, in theCoutity of Quebec, in the Diflriti of Quebec atore* faid, one of the Fortieliesor fortified Places of our faid Sovereign Lord the King to feize, take and wreft by furpiife from the Hands and PolTeflion of our faid Sovereign Lord the King, to caufe a miferable Slaughter of, and to deftroy the faithful Subje8s of our faid Sovereign Lord the King, and the faid walled and garrifoned City of Quebec into the Hands and PoiTelTion of the Peribns exercifing the Powers of Government in France, and being, fo as aforefaid. Enemies of our faid Sovereign Lord the Kmg, to deliver for the Aid and AiTiftance of the faid Per* fons ib as aforefaid, exercifing the powers of Government in France, and being, fo as aforefaid. Enemies of our faid Sovereign Lord the King, in the Profecution of the faid War againft our laid So- vereign Lord the King, And fukther to fulfill, perfeft, and bring to effeft his moft evil and wicked Trealbn, and treafonable Compallmg and Imaginations aforefaid, He, the faid David M'Lanc as furh falfe Traitor as aforefaid, with Force and A'-ms, daring the faid War, to wit, on the tenth Day of May in the thirty-fevenrti Year aforefaid, the waljed and garriioned City of Quebec, in the County of Que- bec, in the I3iftri6l of Quebec aforefaid, one Of the Fortrelfes, or fortified places of our laid Seven i;4n Lord the King, malicioufly •and traiteroufly did enter, with Iiltent the faid walled and garri- foned City of Quebec, as aforefaid one of the Fortrelfes or forti- '£ed Places of our faid Sovereign Lord the King to feize, take, and r«; 'B maawawlWr i un iii ui i juW i nwmn i i w QimSSmmiKamSSSi ••/'.T ifontu\6 Parifli of 5 Parilh of Quebec, Quebec nforefaid, wcoB Felt fecrctly • ; to EffcQ his moft fling and Imagina- s fuch'filfe'Traitor the Taid fit ft Day ind on divers other 1 "Paiifh of Notre )f Quebec, in the reiaid, with Force h divers other Per- tiknown, confpire,' bned City of Que- of Quebec ature* our faid Sovereign fe from the Hands King, to caufe a ithful Subjeds of faid walled and s and PoifefTion I Government in our faid Sovereign ce of the faid Per* rnmcnt in France, Sovereign Lord ainft our laid So- ring to effe£i his CompaOmg and ane as fuch falfe the faid War, to rti Year aforefaid, County ofQue- le Fortrelfes, or ng, malicioufly ailed and garri* )rtre(res or forti- feize, take, and , _ '^vreft I w 1 fUgn ijtffd th^lUb^ tM to taHCl I inHSi^ftlW SUil^«^ 'pr,h# i k> itfinof thimmi JSttHtas ^mtinhms^^ttmiim ni^imi \knd the laid wal W ftid gtffMi^A' Cnf ^ X^tMt^m^ m lands and Foflfffioii o^the," ' " .^ — ^ --»« Kemmtttc in frnttci and b^ id SovJeftagnVrdth? Kiiag; ^ , , . fance pf the laid P^r^ns.^Cipras jabier^M. , VXel^ferti; jihq |^^ }f Govemoienl in Fn|n<;ej tund being, To in afbreuidT,. ^n^Alcf of »ur fai4 Sovcreigii lj>t^ th^ ll^p£ m th^ P^iccution of . the f^id^ "far, againll 6i|f . fiiti Soycfrel^ ^rd the K^iw/ In .p# pr^faid Sdv«rri4*^ LordCbe Kiqk andbia Law;^ ib^^u ej^im-j feJcofaJi 6tHei%ia thdlikJB-Cafc '" " ^ ^ -^ *^ ^-^* ahdbia l^^jL tw • j afe o0n^ai, '^M^Xi^ WP^t iS m Allegiance 6rkin^,lhte'rai^D|^idl4*XJ^^^^ ^f the^Statute in fiich Cafe made and Pf9^***^.lP^ *H'"lf^ '^' E^^ace of our'faid Sovet^ijgn tbrdi tbe Kiiijg, jbi| vroi«n ang.Dij^::! Ah THE JuRoHs AroaksAt^; ^p6n tbetf Oatb afovdF4rA, db ftr-^ lei'prefenl, that on the firft IWy of March.iiilhtt thfhy-icveiltb-yeii** ' ^••' — .^g before -"--"- -"-'-^-*^^---*^=''^^^ "^ c1^tfttl6rdi;heKiiig^ li: Powers of Obveirhraehlf iii Frtrnce^ *^^wft; ae' tbe Partfli d by thelnftigafcioii >f the Devil, as a falfe Traitor againll our faid Sdvereign Loi^d "fcorgc the 7'hi''d, by the Grace of God of Great I^ritaiin, France nd Ireland' King. D^fen^er of the t^aith, and^ fd IFbrth ; ah^^^ rholly withdrawing the. Allegiance yhidh hie, *thfe faid ibairi^ I^Lane, (hould, and of^igHt ought to have bol^ne towards 6urfai^ liSovereign Lor^the King, and contriving and with a^rbis Strentii* Hfltending to ^id and alTiftthe jfaid Pe'rfons exercifing the Powers'^ [of Government iii France, and being as aforePaid Enemies of out [i«i4 3pyereign Lord the King in the Profecution or the (kid War againft our faid Sovereign Lord the Kmg. heretofore and during til? War aforefaid, to wit, onthe faid fitft/^pay of March, in tbe thirty-feventh Year aforcfaid, and on divers other ,Oays, as well before as after that Day, U'iih Force and Arms, at the* Pari^ of Notre Dame de Quebec, commonly called tbe PariOi of Quebec, in D the .f- ll ' ( \Vi ;1 •« 3 cli* Cciinfv hf(Ju«b«e, In tht Diftria of (l«ibct «fbr«fiiiif, ijImH* ddiifly and baiiefotiOx wai adhering to, AkBng ind cotnforthig the iiSdnrtonfeiie^dfingiheFoveriofGovermiMm in France/ thett Ik-mg Entmietf of our -laid Sovereigii Loril the King at afore- faid. Ano IN tRB FaoctcOTiofi, PerformaocB «nd £K«cuttbn of liin Tfeafon and traiterou* Adhering aforefiiidi He, cb« faid David M^Lane, a« fuch (alfe Traitor as aforetaid, during the faid War, fo wit| on the faidfird Day of March, in the thirty»(eventh Year afore* faid, and on divers ofher Days, as well hefoie •• after that D^« at the faid Parifli of Notre Dame de (Quebec, commonly called the Parifli of Quebec, in the County ot Quebec, in the DiftriClof Quebec aforefaid, with Force and Artos, nulicioudly and traiter- oufly, did, with divers other Perfons, whofe Names are to the faid Jurors unknown, confpire, confult, confcnt, and agree to caufe, procure, folicit and incite the faid Perfons, exercifing the Powers of Goyernment in France and being, as aforefaid, £nemies of our faid Sovereign Lord the Kin^, to invade this Province of Ijow- er^Canada, Part of the' Dommions of our faid Sovereign Lord the "iCing, in an hoftile Manner^ and to carry on the War aforefaid againft our faid Soveitign Lord the King within this Province of Lower-Canada, Part of the Dominions of our fiid Sovereign Lord the King. And in further Prosecution, Performance and Execution of His Treafon, and traiterous Adhering aforefaid. He, the faid David M<^Lane, at fuch falie Traitor as aibrefaid, during the faid War, to wit, on the faid. firft Day of March, in the thirty-fe« yenth Year aforefaid, and on divers other Days, as well before as after that Day, at the faid Parilh of Notre Dame de Quebec, com- monly called the Parilh of Quebec, in the County of Quebec, in the Diftridl of Quebec afarefaid, with Force and Arms, malici- -oufly and traiteroufly t^id folicit and incite the faid Perfons exer- cifing the Powers of Government in France and being, as afore- faid, Enemies of our faid. Sovereign Lord the King, to invade this Province of Lower-Canada, Part of the Dominions of our faid , .Sovereign. Lord the King, in an hoftile Manner, and to carry on the laid War againft our faid Sovereign Lord the King, within this Province of Louver-Canada, Part of the Dominions of our faid Sovereign Lord the King. ■-■'•,■ And jsfe- i*«fMi> tAmmmtm C «7 3 . And 1^ ruRTRiR Prosbcution/ Performance and Exteution .pf hi* Treafon and traircroua Adhering aforefaid* He, the faid P«« vi,d McLaoe, ff fuch falfc Traitor as aforeCuid, during thM laid .War to wit» on the.i'aid firft.Day of March, ip the thi]rt)>fev9nAll Year aforciaid^ , and on divers other Days, ai well before a& after that Day, at the aforefaid Parifli of Notre Dame de Quebec, eom- moaly called the Parifli ot Quebec, in the County pt Quebec, in the DititiSk of Quebec aforclaid, with Force and Arms, mAlici^ oufly and traiteroufly did, with the aforefaid Perfons, exercifing the Power* of Government in France, and vbeing^ as aforefaid, £neniie«of ouTjfaid Sovereign Lord the King, confpire, confult, <;ofl lent and agree to raife, levy and make Infurredion, JRebeUion ,#nd War againft our faid Sovereign Lord the King within thia Pro^ Vinceof I^wer-Canada, Part of the Dominions of our faid Sov.e« |-t.ign Loid the King, and to invade the laid Province of Lowers Canada, Part of the Dominions of our faid Sovereigjn Lord the King, with Ships and armed Men, and to carry on the laid War agaiiift our faid Sovereign Lord the King within this Province of Lower-Canada, Part ofihc Dominions of our faid Sovereign Lord itiieKii^. And IN ruRTjitER Prosecution, Performance and Execution of })isTreafon and traiterouii Adhering .aforefaid. He, the faid Da- yid M«Lane, as iuch falfe Traitor «is aforefaid, during the faid War, to wit, on the faid firft Day of March, in the thirty».fevcnth Ytar aforelaid, and on divers other Days, as well before as after ^tDay, at the faid Panfli of Notre Dame de Quebec, commonly called the Parifli of Quebec, in the County ot Quebec, in the ^Piiirifl of Quebec atoreiaidi with Force and Amis, malicioufly and traiteroufly, did, with 4ivers other Perfons, whofe Names arc to the ;faid Juiors unknown, conlpire, coal'ult, confent and agree to rile, levy and make Inluneition, Rebellion and Waragainft our laid Sovereign Lord the King, within this Province ol Low- er-Canada, P^rt of the Dominions of our faid Sovereign Lord the King, and to aid andaflitt, and to leUuce and perluade, and pro- cute divers Subjects of our faid Sovereign. Lord the King to aid and afliil the faid Perlons exerciiing the Powers of Government in France, and being Enemies of our faid Sovereign Lord the King as aforefaid, in an hoflik Invafionof this Province of Lower-Cana* da, Part of the Dominiohs otouriaid Sovereign Lord the Kiiig, and in the f rofecutioii ot the War aforefaid a^ainft our faid So- vereign Lord the King^ Anb* C ■15 And IN Tvntnr.% PROsecVrioMf Perfbhnaflce ahdExeeuHoa of hit Treafon and trattemus Adhering aforefaid, He, the hivt Da* vtd McLane, as fiich falCe Traitor as aforclaid, during thefaid War, to wit, on the faid firtt Day- uf March, in the thirty*(cventh Ycara- forefaid, and on divers other Days, as well before as after that Day, at the' faid Pariih of Kotre Dame de Quebec, commonly called the Parifh of Quebec, in the County of Quebtc, in the Diftrift of Quebec afonfaid, with Force and Arms, malicioufly and trailer- Oufty, did folicit, perfuade, move and incite divers SabjeCls of our fan! Sovereign Lord the King, to levy and make Infurre£Hon, Re- Wllionand War again ft our laid Sovereign Lord the King, withit> this Province of Lower-Canada, Part of the Dominions of our faid Sovereign Lord the King, and to aid and aflift the faid Perfont, fo as aforefaid, exercifmg the Powers of Government in France, and being Enemies of our faid Sovereign Lord the King as aforefaid, in ^n hoflile Invafion of .this Province of Lower-Canada, Part of the jDohiinions of our faid Sovereign Lord the King, and in the Pro- iecdtion of the faid War againft our faid Sovereign Lord the Kinff. ' And IN ruRTRER Prosecution, Performance and Execution of his Treafon and traiterous Adhering aforefaid, He, the faid Da- "vid M<=lMine, as fuch falfe Traitor as aforefaid, durin^g tlie faid War, to wit, on the faid firft day of March, in the thirty^-feventh Year aforefaid, and on divers other Days as yrell before as after that Day, at the faid Pariih of Kotre Dame de Ouebec, com- monly called the Parifli of Quebec, in the' County of Quebec, in the Di(lri£l of Quebec aforefaid, with Force and Arms, roalici- eufly arid traiteroufly did folicit, perfuade, move and incite di* vers Pe;fons9 (not being Subjects of our faid Sovereign Lord- the King) to levy and make Infurredion and War againft our faid So- vereign Lord the King, . within this Province of Lower-Canada, Part of the Dominions of our faid Sovereign Lord the King, and to aid and aflift the faid Perfons, fo as aforefaid, exercifing the Powers of Government in France, and being Enemies of our- faid Sovereign Lord the King as aforefaid,- in an hoftile (nvaiion of this Province of Lower-Canada, Part of the Dominions of our faid So- vereign Lord the King, and in the Profecution of the War aforefaid, againft our faid Sov ereign Lord the King. And in further PrtOsegution, Performance and Execution q£ bis Treafon, and traiterous Adhering, aforefaid, He, the faid David McLane, as fuch falfe Traitor as aforefaid,. during the faid War, to wit„ 6a the faid firft Day of March, in the thirty -fcventh Year ■'m»mm>^!smm$s)iiieias:i ahd'ExeeutioB ie, the fai» Ds* g thefaid War, fcventh Yeara- i after that Day, immonly called 1 the Diftrift ot* fly and trailer- Sabjefls of our irurre£Hon, Re- ;hc King, within ions of our faid faid Perfont, fo t in France^ and ; as aforefaid, m ida, Part of the and in the Pro- Lord the King, Year aforerai(frsn(! on ^vert other Days, as well before as after that Day, at the aforefaid Pari(h qf Notre Dame de Quebec, common- ly called the Parifli of Quebec,' in the County of Quebec, in the> Diftri£^ of Quebec aforeiaid, with Force and Arms, mahciouflv and traiterouliy did get ready, raife and engage feveral Men, whofr' Names are to the faid Jurors unknown, to take up Arms and to levy and wage War againft our faid Sovereign Lord the King^ within this Province of Lower>Canada, Part ot the Dominions of our faid Sovereign Lord the King, and to aid and alfifl the faid Perlbns exerciting the Powers of Government in France, and being £nemies of our laid Sovereign Lord the King as aforefaid, in an hoftile Invafion of this Province of Lowcr-Canada, Part of the Dominions of our faid Sovereign Lord the King, and in the Profecuc tion of the faid War againft our faid Sovereign Lord the King. And in »vrthir Pkosecution, Performance and Execution of His Trealbn and traiterous Adhering aforefaid. He, the faid David M^Lane, as fuch faife Traitor as aforefaid, during the faid. War, to wit, on the faid firft Day of March, in the thirty feventh' Year aforefaid, and on divers other Days as well before as after that Day, at the aforefaid Parifli of Notre Dame de Quebec, com* monly called the Parifli of Quebec, in the County of Quebec,, in the Diftri£l of Quebec aforefaid, with Force and Atms, malicioufly and traiteroufly did confult and confpire with diverse Perfons, whofe Names are to the faid Jurors unknown. Arms and:Ammu- iiition fecretly andxiandeftinely to convey and bring, into this Province of Lower-Canada, fo as aforefaid Part of the Dominions of our faid Sovereign Lord the King, with Intent^ therewith War, Infurre3ion and Rebellion, againft our faid- Sovereign Lbrd the King, within this Province of Lower-Canada^ Part of the Domi- nionsofour faid Sovereign Lord the King, to levy and ttiake, and: to aid and affift the faid Perfons, exerciting. the Powers of Gbvenii^ ment iii France, and being, as afbrefaid, Enemies of our faid So-, vereign Lord the King, in an hoftile Invafion of this Province of Luwer.Canada, Part of the Dominions of our faid Sovereign Lord the King, and in the Profecution of the War aforefaid, againft our faid Sovereign Lord the King. And in further Prosecution, Performance and Executioh of his Trealon and traiterous Adhering aforefaid, He, the faid David M4.ane, as fuch falfe Taitor as aforefaid, during the faid War, to wit, on the faid firft Day of Marchj in-the thirty-feventh Year aforefaid, and on divers other Days, as well before as aft^r that. llUt thf at the tfercraid Parifliiof Notre Dimt 4* QKld>ec, eom4 fDonly called the Part(h of Qaebec^in the County of Quebec, io the 'Diftfii^i of Qiicbec aforeraid, with F<)rceand Anna maltdppfly and tniiteruufly aid enquire of (!i/era Perfons, and did collect pnd obtain Information and Intelligence, whether the Subjef^H uf our faid So- vereign I^cd the Kin^f in this Province of LowerXanada* Part of the Dominions of our faid Sovereign L »rd the King, wereor were not frc\\ a^cClcd to our faid Sovereign Lorl the King and hit Gorei <• jnentt ^nd were or wefe not likely to join with and alfift the Forci a of the faid Perfoni exerciAng the Powers of Government in Franc«\ and.beingi aa aforefaid, £nemiea of our (aid Sovereign Lord tl e King, in Cafe an hoftile Invaiipn (hould br, by them, made into thia ^Province of Lower-Canada, Part of the Dominions ofourfLahe, at Tacb falfis Traitor at afoirefaid, during the War, aforefaidt to wit, on the faid firft Day of M^rch, in the thirty. Seventh Year aforefaid, and on diveri other Days an well before 'at afiler that Day, malicioufly and traiterouflv with Force and '' Afmi^ the aforefaid Parifh of Notre Dame de Quebec, commonly -called the PariQi of Quebec, in the. County of Quebec, in the Diftri^l of 'Quebec aforefaid. under the falfe, feigned andalfumed INatne of Jacob Felt, fecretly and dahdefliucly front foreign Parti id walled and carrifoncd City of Quebec into the Hands and Poflemon of t^e Per* lonA exercifing iht Poweri of Government in France, and being fo aa arorefuid Enemies of our faid Sov^eign Lord the King^ to deliver, for the Aid and Afliftance of the faid Perfoni, fo aa aforefaid, ekerci- fing the Poweri of Government in France, and being, fo at afore- faid, ^nemie^ of our faid Sovereign Lord the King, in ti>e Pfofecu-'. tion of the faid War agtiinft our laid Sovereign Lord the King, im Contempt of our faid Sovereign Lord the King and bis Lawa^ tOi the evil Example of an others in the like Cafe offending, contrary tQ; the Duty of the Allegiance of jiim, the laid David M*Lane, againft the Form of the Statute in fuch Cafe made and provided, afid againft the Peace of our faid Sovereign Lord the King, bis Crown and Dignity: . ' J. Sewbll. David LyMi>,dk. Attornev General of our Sovtr£ign\ ^ , , Lori the Kingf of and for Am > Province df Lowtr»Canada, J i v To this Indi6linentthe Prifoner |i^le«ded^^OT,,Gui|.TVv..l0id for Trial having put himlelf on GOD and Tun tov N ; -f ** It if ordered^ on Motion of Mr. ,J|ttoroey.Gc|fnvaly that the *• Trial of the Prifoner, David M'Lane* been Fridays the feventh •< Day of July next, and that a Precept in the Natuie{of a ycm'fr *' facias do lOike to tlie. Sheriff of the Diftrij6i df Quebec, for fum- ** moning the Petit Jurors, returnable on the £tme feventh Day <»f *\]u\y, at feyen^the' Clock in the Morning. — \,:.. . , >::fili»^y- To which Time the Court then adjourned. : - ' v;i E Frioavi \N 1\' I il i Ml :t».wir\ ] ETqvirett >*jii»AY, fik, Jvuit 1797* Tnk Cuur }u«TicK» t TnI CllUt JuiTlCt Of MONTRf AL, { Mil. JusTicpk DUMN, HUOH FtMLAV, FiAN^oit Baby, AnTOXKE J. DU€Hl4NAy« John Youno. tounjelfbr tkt Crcwk, Coui^lfarlh* Prifitur, Mil. Attornkv Gmirai^ Mr. PT«tt Mr. Caron, Mr. Framckiini The Court being opened at feven o'Ctock precifcly,— ^nd rho- Prifoner, David M'Lawb, fet to the Bar, the juron, impannellcdt hf the Sheriff were called over; eleven were challenged on the Part <>f the Crown and- twenty-four by the PriConer. The. following Ccmlemen "were fwom.-^ TliE JURY, icAin Mure, ^ «>hn Jones, ' amies Irvine, . Jainei Orkney, Mr. Lyno *— David M'Lane holdup your Hand. Gentlemen of the Jury, the Frifoner, David MLanr flands indi£led. &c. fHm thf CUrk of the Arraigjn read the IndiSmem) Upon ibiS' tndiftment he bath been-arraigned, and upon bia Ar- raianineat bath pleaded nol GkiHy and for iiis Trial hath put him- felfupon GOD and the Couiitry, which Country you ar^ — Your cbargfe ia to enquire, whether he be guilty of tht Felony and High . Treafon wbcicof bt Hands indi£Ved, or not guilty. If you find him guilty« yoa.ai« to enNluire what Goods or Chattels, Lands or Tenements he bad at the Time of the Felony and. High Treafon comoiittedor. atanyTime fince. If you find hinv not guilty, you. are to enquire whether he fled for it. If you find- that he did fly for it, you (hall enquire of bis Goods and -Chattels as if you had found hini Guilty — If you find him not guilty- and that he did not iy for it, fay fo and na'more.-r-Hear your Evidence. Mr, i The Honorable William Ofgoode. •*Clerk of the Arraigns. .$ The Honorable James Monk. bhn Blackwood, ohrt Crawford, ohn Painter, )a.vid Munro,. James Mafon Goddard, Henry Cull, Robert Morrogh,-. George Symcs. w t 'M w * * i ii to» .' '«»?''»'»■'' -«' ?'•"" Miy it ptetfe your Honon, «hd You Gentlemto of tiM Jury, - • H«viu| th« Honor to b» of Coanfffl for tlid Crowa in thit Cale, it oecomci my Dutv tooMn tofqu ihe WidtiMot found by the Grand Inqueft ot thit DiflriCI, againft tho Prifoner at the U%f. I tertainly muft tegivf that/ Mug a a Ciacumfla^e wMch, pmlttpi, will not permit me to perform the Duty aflllnedf'l^ HwiHtll that'Preci- ilon and Propriety which the pn.Tent Cafe, df feivef . |n thii Par* ticular^ mull beg Leave to folieit ydar Indulgence. Gentlcn^n, , , "^jic Priioncr at the Bjir*. David Mtl^Mi, ft^adtcharfed wttK the nigheil Crime known in our Law, High Treafon, The firft Count of the Indiclment fcti forth, that, during the prefent War between our Sovereign Lord the King and tfan Rtrib«» -ticereifing the Powers of Government in France, iie, the Piiibner, withdraw- ing hi* Allegiance, aaafalfe Traitor , again ft hit M^jcAjr andin- tending to depofe him, did traiteroufly compafs and imagine hia Death. ■,,,"' The overt Afis oti this Count are f^urtf en ia innaiber, and this in f^obftance. !' * id. That He confpired taith divers perfom ttnA;i4wn tp ibiicit the '£nemiet of the King to invade the Province td. That l4e 4id folieit wdmmn^ lo convey into tli« ProvinoB, Arms and Ammunition, wkh Inttnl .^,, the rawiih to wage War againll the King and to afift the Emmy in an koAU Invafion* pth. 1*hat He cbllcHied Information whether the Kiog'a SnbjeQa were or were not well affcQed, and whether they would or would not join the Enemy in an hoftile Invafion of ^ the Provfncr the Crown will caII our Witntuct, and if they prove iJm Charti •gainA him, it will kt 70111 Duty to iai him gailty. Ma. ATToamv GiNiaALi ^ Ma^ it plcafe your Honors and you, Gentlemen of the Jury.—* The Duty of thr Office which I hare the Honor to hold, under his Majeftv'i Guvemnient in thii ProTince, caUt me at this Period, of the pretent Piofiicuiioo, tofupport the Iodi£lmeiit, which has juft been opened by my learned Friend. To Aipport an Indtd* mcnt which charges the Prifoncr with the highcfl Crime on which a Canadian Jury can give a VerdiQ, and whicn requires from you, Gentlemen, wiio are now inpanoelled, to try and make true De- liverance betweea our Sovereign, and the unfortunate Prifoner at the Bar; the mofli fertous Attention} not particularly, but general- ly and equallvt to the IntereAs of the Cruwn on one Hand and to tnoie of the Prifoner on the other. Wearetoncemed for the Profe* cution, but we cannot wifli to deprive the Prifoner of any Privilege to which he is entitled ; we can only a(k from You an impartial Attention to what we (hall fubroit to your drnfideration, and we arc well fatisfied that the fame impartial Attention fliould be paid to whatever may be adduced in bis Defence* We expe^ at your Hands a, true Verdi^ according to the Evidence. Gentlemen, The Duty which vou are now called upon to difcharge is the moll folemn of all that belong to you as Members of civil Socio* ty. For my own Part I feel moft fciilibly what the Importance of the prefent Cafe well merits and what my own official Situation at this Moment reqtaires from mcj and I well know that the Duty which in our refpedive Situations we are bound to fulfill is mo6 unpleafant. Yet, however unpleafant it may be, whatever may be the Feelings with which its £xecution is accompanied, it remains our Duty, and mull therefore be performed. 1 can only wifii that I may dilcharge mine as well as I am confident, You will difcharge your'si For, whatever your Vcrdift rn^y be, It will, I have the fulled • J. Scwell, Ef(juire. K f Ti ^ Hi H I fullcft Conviaion, he that which the JuBice of tin ^(X^ witt (liaar<; . 9* l*h«lfidiQnKn» €Njrgcj f tlwl»rifoh^r with t'wS i)^t\St Spcckp Hofl'^Cilfdik iT-hffontJj coh»[telBfig fte Kmi*« _;De4th, ihe^ otjicf, Wlciihlx i M&rr doth eblnpaft W' itnstgine fV'.ihe Death of om^liowl the Kifog^'«he is^ilt^of Ht^h Tre^on, ,l(>inay ap^pcar at fidl vi/ew thatMheCe wordn r^iifk th«:*CHixre*t.o »n intfmion to km the : King j>«/9iM/ljr, but nh»« fti^ fa£l' is not; thfe C4rfi#il^e,Spint,o£-tbeSta,tute4aiid tho unif^itni fn^rptH^fotion Which ft longSeries of iUdiCiial Dediloiis>have given to that Ohtire of i^, .>f h^h.1 faavA tteifd, .exiondthe ^efcription ef thii Spcbtes of Ttea- T011 much beyoiiaithe; limited Scnfe of perfofnilJnjifrf-'ta th^ Sbve? ceign. ».TheK^Dg^ia|»art:lya nauuraV^ jiartly a^ poUtkal Charaifteh la the foroipTj it. cojoy* « natural life, In thi' Ulttt a prbiitfen E^tfitence; .and. ta.aim' at "the^DellrudioA df the oM bt pf the othec cbnftttotts the XSiime of iHtgh Tfea(bH, fbr^ the poH^il cal or civil Deatii,.at well as the natural Devth'of the Sovef^itl 19 clearly within. the. Purview of the. Statute. TheReaf^^irwhy th|i Statute Jias costemplaieed both^ and why every Court of fuftice^ in which thit Poimliaabeen canvafled'have uniformly*' adhered tQ :^IiilBerp|«^atian, /appears to be bbvibus. '■■ An* AtteiMpttd ddftrci the political Exiftenoe^vol tke^ Stfvereigii tenda^tii" (m to d^rby the king in Perfpn; for. Experience and recent Experience ha^ Ihewn, that the interval between the dethronem^ht of Princes and their Oeatlif is1)ttt fhost. But this is hot the only Cbnfeqtien^e'; it tends alfo tQ ^annihilate the Conditiitidti ef Oevcratnent of which the Sovereign is the Mead. Great, therefdre» and abbmiiiable as dll At- ienopts S^aihft the Perfon of the Kin^ muft he, the Crime of com^ pafling lais political DeftrobYioii, in its Confeqiience to Society, is equally ^rocious* GentlemCii, the feCond Count of the I ndi£|mef^t„. charges, the jprifoner with an Adherence to the King's Enemies. , By the Sta- tute to which X Ji^^ve before referred *' If a JV^n.be adheieiH *< to tht King's Enemies ih his Realm, giving to tliem^ Aid . and •* Cohort in the Reahn or clfcwhcre" he is guilty W High" '■" ■ . • '^ ■'- />:K>T^-J-^^4^'/rreaC;>n vbid^tte Cearttef oiir Mothei'Cttbiftrv ran ptVV," this^ Species br Treaion has been uniformly held to include alT, who- being buuiy way Dcfcriptioii of Allegiance to our Sovereign, have given Ai4 or A^flance to his Enemiet, JQ any Place ^tihaifiver;- and b]r\ the falhe Authority it has been repeatedly decided, that iiis notne« ceflf ry that fucb Ai(i or Afliftai;ice U|Oul(i adu^Uy be giy en* but that an Intention to aid or afiill the Kino's Enemiec, where the ^arty haa^ done Wljaflay in 'bin Power to eSe^l that Intention, was clearly. Treafon. GentlcmeB. Treafbn Is diftingiitfted fr6tn other ^rifiiifii by 69^ CharaQerillick. • Generally (\>eakitig, all Cringes which are kndVn'^ in, the black Catalogue o£ huinan pepravity. fUmfiftf accordfbg to onar Law, in the A (^ of the Criminil. . A bare Ii\tentioii to coii'mit anO£Pence ia not puni£hpabl^. In the paitioular Species of Treafon charged in this Indidment it is btherwife; the Inten- tion is fufficient;. It U>in KaO^the Gt ime 'itfelf, aind fnom Vhis peculiar Gircunaftanoe artfes tho Neceifity of thai Part of Indid'^ ipenti for J^g|k trealba which; are called the' oiert A£l». In ibis and in umilac Profecutions the .Qbjeft .i:c is acc4ife4'«kd Ct> emible him to ' prepare. his Defence. ^■'Amih.*.:: ,i>♦..Jii^■><: ;■ ■% ^^ n Gentlemen. . TJie co^rfe pf proceeding which I have juft deli« seated, has . been followed in, the prefent Inftancei Up9° the £ir(i> Count of * the. indi£lmcnty to prove that the Prifoner has medi- tated the Stibvcrfiori of the King^s Gdverhme'nt, and confequent-I ly intended the DtftruQion of his political ExiAence, fourteen ^yert AQ.9 are jaid f^ and the fame overt A^s^are repeated upbn the fecond Count, jto prove htalntentioni to >aid' and affift thE Kingjs Encmics/uifisg the prefent, Wat^— It i» njjonithei . • Evidence^.. ^ 4-: m ^'i.- '%' I '1 f^ JUitocf- wlucli ir« ih|Jl «ff«fv oltbe Tmtk df ildtTtfinfoirii AQi| thJU yon, OflQi|««)eiif ofrihe Jury oilift foffti yo«# OpfaUa^ i«:bethc^ tli^ Piifodcr is guiliy oraot guilty. i GedileineD, having ftated thus much ta You, I proceed, to fubmit the Subftance of the feveral overt AAs here charged to your Confideration. i • The firft avers, that the Prifoner cfoiil^ire^ with, dWefi Per* fons tmknown, to iTo^icit the Kit^g's Enemiea to invade ' tbe Pro- vince."' ' I , ■ ..^ - ■ .*.... t ^ , Tho fe^cond, that, in ParApante of tl^ii; Cionrpitady,! He did folifit the KingV £n th^iproje^ed invanon, . ^ < , ' - ^ ' , '. ,'.■'., ' ■ ' ' The fixth,^that,he incited fn^ vMd^d divers perfoHs nof l^ng tie Kitig*% Sidj»Bsi,i6 levy W|ir ag^inft his.Majeftv in thi$ ProvincCf And to aid and alfift the Enetiiy i^ the^fmiie^aed Inyaiion. The feveiith, that He enUlWd ahd t^ade i-dady fevieral Men« to affiil in the projected Rebellion and' Invafion. The eightlii that He confpited Math otbett tointroduce Anna and Ammunitaon into the ProiHn^e* , The ninth, that hfe ckflMtd iHfortqation whether the Kiiig'ii Subje3s in Canada tirere or Were hiDtrwell aflfedlV^to his' Govern* ment, with Intent to -comd^nitatet^^ tki Esiemv,hf tbeir Aid The tenth; (liat I!& ^ic^ir^ knowledge of ^e SOtib^h o(M King's Citv^eatled Montreal, and of the Means by which it niigM bfli4nv«fted by the £a«my,^ with ilnteiiltb-tOinftnunilf^e it to the Enanv lor their Aid and Affiilance. ^ The Introduce Armt t The eleyentfi, tbat, being poflelTcd orche IhForni«Hoti find Knoir- ledge 'fet forth \n tki ninth and tenth overt A&k He, with In* ^ tent to communicate them to the £nemy» departed from the Pa« rifli of Quebec towards Foreign D«rt8; The twelfth, that, after leaving the Parifb o^ Q^^^^^ He again returned to it, fccrctly and clandelUnely, under the aflumedl > Name of Jacob FxLT. The thirteenth', that He confpired ' with diver* Perfdns un-? known, to feize bySurprife thb walled and ^arrifoned City of QucbeC)* one of his'Ma)e(l^'s Fbrtrefies, to caufe 'a miferable Sianghter of His faithful Sub^eBs, arid tb deliver the City into the,:' Hands df the Enemyy for their. AffilUnce in the Profccutio^ of .the prefent War. . i* And thfe fourteenth avers, thatt on the tenth' Day of May lailF^ H^ entered the City of Quebec, with Intent to.Xeiz^;it l\y Surprifi^ to caufe a miferable Slaughter of t|ie King's faithful Subje£)», «Qd|» , in order to aflift thf £|nemy in the ProCecution o^the pfefent War^,: to. dcjliverihe City into their Hands-, GenttfJmen; fUch are the Outlines of 'each particular overt i JAil, Which refolve into tltefe general Fafls— That .the Prifon^r, [in Concert With, the King's Euemjes, and Others with whom, we '; are not at War,: entered into a Plan for the JDeilru^ibn of.; His Majefly's Governinent in thi?> Province, b)** Infurre^iba^ and InVafion; ; ihamunition';, and came to v I Montreal from thetlnited States of America in Jvly and Novem- ber laft, in Ordtrlo^aim; Intelligence refpetiing the Strength of. ithat City and the Difpolitions of the Canadians towards the King'9 ,. JGovcrnnient;;,. that .ppfTefiTed of inforniation on' thcfe Points, by ; whichihe future Cqndu£l of the Plan w,jis to be governed, He weat, Ibadk' to the United States to eommu.nicate.' it . tp the French MiniAer ■« lat Philadelphia. That in further Prpfecution of the fame Plaiy^ ,, having conceived it practicable to furptife the Garrilon of Quebec, , He wiis d^;terniined to vi$t it j for, being on the Spot, he ; could I with more Certainty adopt Meafuies. to accompl.iih this Part of his . Mi ) "i^gn, that, with thoTe views, Her^lexrly Triafonj not only compaffing the Death of the. King^ but an Adherence to his Enemies ; and if the Averments which - the feveral overt AAs contain are fubftantiated by Evidence dear andi'fatisfa^ory to your minds, treafon of each Defcription will be proved againft the Pri- Bef,, and your Verdi6l muft find hyn guilty* * Gentlemen, I am at this Moment opening^ to VoU the Nature oftheCrim&withwkich the- Prifohcir is charged; I fhall in a few Minutes open the ^}ature'0f the Evidence which we^fhall fubmifc td vott in Support of the Accufatioti againft him. Till thit Evidence! has been neard by. you, "froth' the Mouths of the Witnetfes which '^Hire (hall produce, I aik you to fujpend your Judgment. It is not my Wilh to exa|(geri|te the Offience which is laid againft th6 Prifoner,.nor is it my ^^ilh to inferifrom what I am going td fay< that hei8\gtiilty,'becaufe he is accd fed of the complicated 'Treafon charg<^dinlhe;Indi£lnieftt« till {ih)v^d to be guilty^ He certainly ftahds entitled to the' full Prefuipptioil of Innocence; but I think my felfjtiftitied in calling yOuf Atteiition to what muft have been the Situation 6^ the Provincefs, the Horrors of War, a'Su(jpenfion of all civil Rights, a daily and mi4erable.ApprehCnfiOn bf fome Thing yet worfe tocome« were neverthelers unavoidable Confe^iicnces. But if the At«* ?tempt had fucceeded, what a Scenft of Mifery muft have been opened — Our PrQperties, dur LiV^es and, what is flill more valuable than eithet, the happy Gonftitution of our Country^ all that Man can value in tivil Society, all that attaches us to Exiftence, ourfelves, our neareft and beft Conneflions, 9ur Government, our Religion, our rational Liberty, which we boaft ■ms Britifli Subje£ts, all muft have laid at the Mercy of the French Republic. What that Mercy is, the black Annals of the Re- public can beft tell j It is there indelibly recorded for the Horror Atxd Execration of Pofterity, in thie B!Sod of their lawful Sove- reign. C « I leign, in the Blood of their Nobilitv, in the Blood of thctr CIcrgViL in toe Blood of thoufandi of the bed and mod innocent of thtirCt* tiieni. ^ Genilemcn, the Prifoner ii generally fuppoled to be a Stranger to our Country, a Subjed of ihe United States t>f America. I know not the Fad, nor do I know whether any Attempt will b« made to prore that be is^fo ; but he it at it* may,' it cannot avai{ h*m, no queftion can b^ raifed whether He' is a Native or a For« tigner. The Grime laid' to his Charge is declared torsive been Mmmit^d within his Majefty's Dominion at the Parifli of Quebec, within hiiii Province of" Lower-Canada, it is immaterial therefore whether, at the' Time the Offcince wa« committed He was a Sub^ jc£l or an Alien; If the former, he owed to his Majeftj^ a Natural and permanent- Allegiance, if the latter lit owed an Allegiance lo« cal and temporary; And if headed contrary to the Duty of either* ha is guilty of High Treafon. ' Much has heretofore been faid and . written on ihi^ Point-; but it.ia now (tb far as wt are concerned' with it^ muft-clearly fettled as I have dated it.' A Philofopher may aflted to difcover^a greater Diegree of' Turpitude in Trcafon committed by a Subjed^ who is bound to (upport that Society and Government of which be is a Member, than in- Treafon committed bv an Alien who has no Tye of that Defcription: but if he flibuld^ his Opinion can have no Wieight in a Court of Juilice; for, in the S^ale of legal Confidc^ation no Diftindion whatever can be found. In all • luliisnces where we are traiteroufly betra} ed. what Country gave Birth to* the Traitor, is a QUeftion of veiy little Importance; for, whether he was born « Subjed or an Alien, his Treafon and the Injury to th«^ Publir> remain the fame. Gentlemen, I ^IhaU not trouble you further with any gene- ral Obfervations on the Natnre of the Offence now before Ydu,v or the Sitiiation of «thePrifoner, but fhall proceed ta lay before you, the Subllance of the Evidence by which the Charges againll him will be fupported. Of the prefent War exif" ting between his Majefty and the Perfons exercifing the Powers of Government in France, I fliall not ofiFer any Proof, it is a Fafclof pqblic Notoriety; nof (hall | offer any parrticular Evidence oPthe different Confpiracies charged in the firft, third, fourth, eighth, and thirteenth overt Ads. I fliall reft them on the general Tefli* mony which will be given; for, the Rule of Evidence on this Point is, that the Fad of Confpiring need not be dirediy proved, but may be coUeded by .|^e Jury from collateral Circumftances* But t 44 ] l^t Co fopport the remaining Allegatiohi of the Indi£lmeht, i ttoAl prodoce feven Witnefler. William Barnard, Elmer Culhr , ang, Francis Chandonet, Thomas ButterBeld, Charles FriChette, Jonn Black and Herman Witfius Ryland. - Gentlemen, Itis uncertain at whatTimethc Prifoner (irft formed tho }ldeaQf exciting a Revolution in Canada, it was probably preirious td r the Period from which the Evidence commences, the firll Informa- tionhpwcvqr, of which I anik pofleircd, is dated in July lad, and youi will, now receive it from the Witnefs, William Barnard, whom- 1 (hall Hrft call. He faw the Prifoner at the Province Line,' in Ja« ly lad, but «f as ilot acquainted with his Perfon, it (eem^, hdwever^ :the Prifoner knew him well, for he came up to him and told hitnr '.that He wifhed to have fome pHvate Convcrfatiou with him. Barnard walked a little Way with him upon the Shore of the Lake, ;.'aad the Prifoner began his Converfation by flitbrming hitn that ]^e had fomething of Importance to . communicate to him, that if was a Secret; that by telling it, He put his Life into his Hands, l cannot but remark to You here, that whenever the Prifo- ner has communicated his Defignhehasexprefled himfelffenfibleof its treafonable Nature* by avowing that His Life was certainly forfeit ted in Cafe of Difcovery. You will find ihe fame Declaration re- peated to feveral other Witneifes. Gentlemen, Barnard not knowing the Nati^re of his Secret, advifed him, if it was fo dangerous, to keep it. The Pri- Joner anfwered that he had made feveral Enquiries refpe£ling him, and had. been particularly recommended to him as a Alan who might be trulled. He required only a folemn Pro- xiiife that he would not ■ divulge what he fhould tell him. This Promife Barnard gave, and the Prifoner then told him that he was :there (upon the Province Line) for tKd Purpofe of brihging about a Revolution in Canada. That he wiflhed for Afliftaiice and tnen pief- Ted him to join in the Enterprize, which, however, he de- clined and left him. He faw the, Prifoner a few Days alfterwards in Montreal, and was again fohcited by him to join him, but refufed^ The Prifoner then reminded him of his Promife and told him that if he kept his Secret he (hould be protected. Gentlemen, Mir. Bar* nardis aBritiih Subje6l, and finding, that the Prifoner wasferiouf- ly and fyfltematically endeavouring to excite a Revolution, he gave immediate Information to a Magidrate, (Mr. M'Cord) and from that Moment the Eye of Government, unfeen by the Prifoner, has conftantly been fixed upon him. Mr. M'Cord advifed Mr. Bar- nard to get from the Prlfoiier w^hatever Information he could, rTovember lall — He went out after Brtakfaft and was abfent between four and five Hours. Upon his Return Mr. Cuihing, who bad known him for I'everal Years, obferved, that his Cloaths were covered with imall Burrs anda£ked him whctie he had beenj he faid upon the Mountain. They had a little Converfation to- gether,, and upon Cufhing's exprefling fome Fears refpe^ing the Loyalty of the Canadians, the Prifoner defired to fpeak with him in pxivate : ^hey went ' into a. back Room, and he theii told hip, as he had before told Barnard, that he had a Secret to com- municate 'which, if known, would take his Life, and He required of him an Oath of Secrecy, which, after fome Converfation, was ■ taken by Mr, Cuihing. The Prifoner then informed him, that he was employed by Mr. Adet the Minilter of the French Re- public at Philadelphia, to promote an intended Invafion of Ci|- nada, in the Spring, by a Fleet and an Arn^y often thoufand. Men, to be aHifted by the Canadians. He further told him. that he had fomething in his PofleiTion which would convince/ him that he was employed in the Bufinefs, and produced from* between the foles of an old Shoe, which he took from hisSad-^ clle-Bags,. a Paper figned **Adet" which certified that He (Mr* Adet) was interefted in the Family Concerns of the Prirouer, This He informedhim was intentionally written in an oblcure Stile. It f 46 3 It f^Mld. not) H^ raid, if it wm found upon hi« he produced In Evidence againft liim. Gentlemen, thofe who are converfant in, tbe Sute Triali, will recolIe£l many Inllancct .fimilar to fliis, A Law fuit. Commerce and Family Concerns have been frequently ufed at Difguifes to conceal a trrafonable DefiBn. The Prisoner lold Mr. Cufliing, that be ftu then going to Phi* ladetphia, to communicate to Mr. Adet the Information of which Hie wat already poflefled, and fhould probably proceed to I'rance, but (hould certainly revilit Canada in the Spring. He told himi that it wai propofed to Attack Quebec and Montreal at the fame Time, and that, he in Perfon Uiouid command againft the latter. He informed him thachewas then returned from the Mountain, which, he fouud.commanded the City entirely, that He had* vifited every part of it, (certainly, Gentlemen^ m Contem- plation of that Command which was piomiled him.) The Pri- ibher haa known Mr. Cufhing for feveral Years, and he feem<, frOni this Caufe, to have been more explicit with him than He' w^s with Barnard. He told him they meant to fciie all Proper- ty in the Hands of thoie who fhoula be adverfe to their Views, w4th which the Expence of the Expedition would be defrayed. That it was their Intention, in the firft inftance, effectually^ to feenre the Pricfts and leading Characters of the* Pi'Ovince, that it would indeed fkye hard with all who were notlavorable . to their' Caufe. He. further informed htm^ that he bad Engaged fe-^ veral Perfons in the Scheme, who were refident near the Pro- vince Line, who had undertaken to enltft a certain Number of Men each.; That the Arms and Ammunition for thefe^ Perfons, and for the Canadians who Ihouldjoin, would be furhiflied from France^ thro' the United States of America. He warmly prelled Mr/ Cuflnng to engage in the Caufe, which he declined. He af- ked him to give Information of the State of the Country from thne to time, till the Spring, which he refufedto do; He: then told him^ that- the Oppofition which foroe Perfons were then ma* king aoainft the* Road Act was very injurious to his undertakifig, afid' propofed that M^. Culhiiig (hould ule hisr Influence to keep theln- faabsUnts quiet till the Spring, prpmifing him Protection if He would. Mr Cufliing told him ii; Ani'wer that ne'couldhave nothing to do with him. The Prifoner upon this, finding that He could not iucceed in his Attempt to induce him to join in the Rebellion, m^iaced him with immediate Death if he divulged his- Secret. He advifed him Co reflect ferioufly on what he had laid, and added that he might perhapi fend fomc Ferfon to oonverfe with him on the SubjeCt in the the (!ou'rfe of ilic Vhntdr. That if He did ien^ tnf Body, fieVottId tell Mr. Cufliing that he Wat come to talk with him on Family MatCcri . Mr. Culhing, vtty food after thii Converfation, gare In* formation to Government. , Gentlemen, what I have ftated ii the Subdant:^ of What paflTed ^tween Mr. CuOiihg and the Prifoner, and vou will obferve that in (h«fe Converfationi with Barnard and Cuihing Vou have £vi« dence of the ceneral Derign(of fubvenina the Government by an Invafion andRebellion|clMr||ed in the firll^ fecond, third and fourth overt AEi»i of hit having folicited two of the Kin^'t Subject (for, jMr. Cuihing it alfo one of our Subje£ls,) to Join in hit under- , taking Which it the Charge in the fifth overt Aat. of hit collecting Intelligence rcf^eBing the Loyalty of the King^t SuBjeCU, and the Strength of the City of Montreal and IcHvins the Provincb to com- municate it to the Enemy, which are uie Charget Contained in the ninth* tenth and eleventh overt A£lt. In the Conver- fation with Ntr. Cuihing the PHfoher makei Mentioii of Anns and Ammunition^ to be introduced into the Country, thro' the , United Statet, from t^rance. The nekt Witneft, t*rantit Cbando* net, will detail to you the Mode ih whith he ptopofed to get tbrm ' into Cariada eUn(ie(tinely. It feeriit that the Prifoner left La ^ [Prairie about the fevetith oi* eighth of November,, iind proceeded ^ towards Philadelphia, to communicate the Refult of his £nquiriea [and ObferVations made in Canada, to Mn Adet. He met Mr.> Chandonet upon hit Way, at a Place within the United Statet,biU^ near to our Province Linet He wilhed, he told him, to fpeak^ with him in privet. Whet* alone, He informed Mir. Chatidcmetihac he had a l^ecret Of the utmoft likkporunce to Communicate to hiim,, ahd afked a Promife of Secrecy which was refufed. The Obferva« tion of the Prifoner't Aufwer Wat thit, that he could hot (uppofe^ Mr. Chandonet Would be AtcelDiry to the taking of his Life, ahd that he Would iheirfoi'e go on, he then told him that he was employed by the !^rench,and had been in Canada to leam, whe-^ ther the Inhabitants wtre well or ih affeded to Hit Majefiy'j Go* Vernmenti This, Gentleman, is dire£t Proof upon the ninth ovetC-^ A£l. , He told Mr. Chandonet further, that he Wifhed to intron. duceArms and Ammunition into Canada, concealed in Rafts ofl Lumber and prelTed him to carry in foine in kaftt of Firewood from his farm at Saint Regisi upon the River Saint Lawrence^"^ which, he faid, would be fuppofed to be Rafts coming from Upper-^r Canada, and confequenjily would not be fufpeCled. This,GentIemeni^' it Proof as ftrong as any that can be adduced in Support of tne" eighth I IV-, C 4» 3 eighth ovtit ASt,. Mr. ChandonerdeoKned tfi« froaofal. Th%, I'rirgncrexprrir i hii Sorrow* and bcgc^ed him not to betray him, oblVrvjng, thur if he (Mr. ChindoneO <^Uvii'gcd wW bth^d tul^ htm. He (the Pnfonei) muU incvitabiy he hanged. Grnttemcnt Mr. Chdindoiict i% ^n AmTican Subj^'A; and at the Prifoner foliciied hiin to join m the projected Revolution, yoii^ have in hi« Teilimony, l:Cvid<.*nce ;«iro upon the fixth overt A^« But to Tupport it itiU futtlier, and to prove ihe fcvcnth overt Aft, I (hall examine Thomas Bnt^(*rrv( Id. Thii Evi'lence » an Arcom- £ lice and a fubjeft of the United Sutrs. He firfl law the Prifonrrat Mrant m, in the State of Vermont, in Nfovemher lait, the Prifoner told him, i\s he had told to all the other Witneflct, that be had been in<»| Canada to feel the Pulfe of the Inhal)itant», to learn if they were willing to throw off the Britifh Government. That he was employed fQr this Purpofe by Mr. A at parting, informec^, him, that his Inteption was to proceed to Que- bec, to fee whether ^dr in what Manner the Garriron might be tii^^n by Surprife. Gentlemen, The next Witncfs to be prodiiced on the Part of the Crown it Charles Frichette, anpther Accomplice, and a BriiiHi jSphjefl. His Evidence will go, generally, to fupport the overt At\s which charge the Prifoner with the Defign of fubvcrting his Ma- {'efly's Government and engaging his Siibjeds to rile in Rebellion ; mtmore pointedly to the twelfth, thirteenth and fourteenth overt A^« When he firftfaw the Prifoner, which was .in Jtilyr 1796. :. / The The PrifoaMT endeavoured to prevail on bim, to proeure a Cettl^ ficate, liflned bv fix or mure Canadians, of thii Import, that the/ Were diuatitfiea with the Britiih Government and wilhed to be un* der the French Republic, which he dechned. An Oath of Secrecy was previoufly reouired from him by the Prifoner, which he took. Frichette went to Swanton in April laft, in confequence of the PrU foner's Meffagt by Buticrficid, He fiiw the Prifoner, who cxprcfo fed hii Fears about entering the Province, but, being informed that he was not dete£led, he determined to come in: He did fo, in Company firith Frichette, and proceeded to Quebec by the South Shore Road; but, being apprehenfive of a Difcovery, Heaffumecl [jhe Name; t>r Jacob Fblt. At Saint Nicholas, the Prifoner alked him if He thought the Canadians ripe for a Revolution, and after further Converfation added, that He was a General in the Service of the French Republic, and came to deliver the Canadians from the firitifh Government; that He had formed a Deflgn of taking the Gar* rifon of Quebec by Surprife and was then on his Way for that Pur« pofe; that five hundred Men armed with Pikes of Wood, harden* led in die Fire and headed with Iron, bypurfuing his Idea, might ef* feAit. On the tenth of May they crolled from Saint Nicholas to Wolfe's Cove, where the Prifoner concealed himfetfin theWoodsy [and r^nt Frichette into Town to bring Mr. Black, the Member of the Provincial Parliament, to him, which He did. The Prifonef " id a long Converfation wiih Mr. Black upon the Means of ex« :iting a Revolution and of taking Quebec by Surprife. At the [Defire of the Prifoner and of Mr. Black He conduced the Pri* »aer to Mr. Black's houb in Quebec, the fame Evening. . Gentlemen, - t mud here recall your Attention to the Declaration of the Pri'' foner, that he (hould revifit Canada in the Spring, fur the Purpofe of carrying.his Defign into Execution. To this fecond Vifit and its {enerai and fpecial Intention, both Butterfiqld and Frichette, are iVitnefles. 'Their Evidence will be indifputably confirmed by that of Mr. Black. He will intform you that he went to Woife'a iCove in confcqiience of the Misflage which he received by Fri« chette, where he found the Prifoner; that he had a long Converfa- tion with him in the Courfe of which the Prifoner entered fully into lis Defign|: He meant, li6 faid, to excite the Canadians to take up |Arms againd the Government, to engage at firil a few Men of lom luence, who (hould provide others, tu. be joined on a certain Day to be appointed, by many already engaged in the United States of G America, I- ^ 1 1 [ 50 J America to th« Number of Ten Thoufaod. whn would entrr tV« Province under varioui Prrtcn^'ei. He piopuied hit Idea of iak« ing the Carrtion of Quebec by Surprifc, which lie i bought practica- ble ) he meant, he tcpeatrd, to ule Pikes of et^ht Keet in Length, made of wood, hardened in the Fire and headed with Iron, and added that he did not wifti to take a Life, but that all who re- fifted muft fall. He wai, he faid, employed by Mr. Adet, who was aboiit to leave Philadelphia for France on (he feventh of April, when he left it, in order to procure the Trench Tioopn who were to cooperate in the Conquefl of the Province. When Mr. BUik brft faw the Prifoner, He undciftood that hii Name wai Felt; but afterward*, in Converfatiun from himletf and by a Letter which the Priloner gave him ffom a Mri Hunfdco, he found that hit name waa David M'Lane. Genilemen, A much longer Converfation, than that which I have related, paflcd between Mr. Black and the rtilone'r, which ^You will receive from him, I (hall only rernark ibut, towards the ConclulioD, Mr. Black prelTed him to come to his Houl'e (hat E- ventng, to which the Prifoner relu(;tan6tly agreed^ txprclltng hit Fears of OctcClion, He promifed however to come after dark. Mr, Black returned to Town and made a Depofitionof all that had paf. fed, before a Magi(lra(e| in corilcqucncc of which the Priiooer was iipprehended at Mr. Black's Houlc the fame Evening. Gentlemen, Ifiiallcall Mr. Ryland to a finglc point; tnfub»| ftantiate the Fa£i that the Priibner, to conceal the Name oS M'Lai^e, (too dangerous to be avowed) perfevercd in thealfumcdl Appellation of Jacob Felt, even afier he vtas apprehended. His I Evidence will eftabliih the twelfth overt A£l beyond a Doubt. Gentlemen. I have endeavoured to lay before you' an accurate I Oatline of the Tellimony which will be given by the feveralWit- nefl'es, whom we (hall produce. I have not, I truft, fuid any thing which relates to Ka£ls that will not be proved ; btit if tl have been (o unfortunate in any Inftance, I muR requcit youi not to pay atiy Attention to it, what i» not proved by legal blvi-| dencc you mull totally reje£l.. Gentlenlen, The Inference to be drawn from the fcveral overtl A£it, charged in the Itidi6lmcnt, mud be- dr^wn by you upon the Evidence which we offer. You are to decide whether the| Prifoner is guilty or innocent ; whether the overt Afts are luppor- ted by Proof and whether they are fiifiicient Evidences of a.| treafonable Intent — — On this Head you will j)ermit V. . ' me r «' ] mt to remark, that no particular Dcfcription of overt A6ti, b rc« quirrd to fupport an Indit^ment for Trcaioii. All Meafurei whai)» ever which mantfcR the treafunable Intention are overt ACls; even Wordt, Gentlemen, ma^ be Proofi ufTrcafon, cfpeciallv whencou- fled with A&t. Loole WorJi, not relative to any A« or Dcfign, admit, are notfu; but Wurda of Adviceor Perluitfion and Cun* fultations for traiterous Purpofei certainly are. Thi« ii a Rule which our bell criminal Writeri have adopted, and among them, the humane Sir Michael Fofter ; they are uttered, fayi he» in Contemplation of lome traiterous rurpofe a6kuaily oti foot or intended, and in Profecution of it. CrobaKan'i Ca(o i« ftrona*' ly to this Point; he was at Lifbon and declared be would knl^ tlie King of KngUnd if he cuuld get at him, he came (horily after into England. Here were Words fpokcn in ContemplaiioA of a treafuniibit; De(i^n, and coupled with Ads. The Indicktnent fet forth his Declaration at Lifbpn, and that he came to England on Piirpole to put it in Execution. The Jury thought fo, and Crohagan was convidtcd. So, in the prefent Cafe, all the, Converfations of the Prifoner are Words of Perfuaflon and Ad- vice, fpuken In Contemplation of a treafonable Oefign of fub- verting the King's Governmci)t in Profecurion of it, and coupled with A^s; pariiculftrly with repeated Vifits to the Proviucc. Gentlemen, I (halt not trouble You farther on this Point of Evidence, but I mud be permitted to advert to the excellent and learned Charge gi« ventothe Grand Inqueft, at the opening.df thiaiSbecial CommilHon, yrhich clearly r^vognifed the Principle for which I contend, ** that «« Words relative to a traiterous Defign, actually on foot, and coupled with Ads, are Proofs of Trearon.">.In the fame Charge it was Hated, from the Principles of feveral adjudged Cafes, that, if any Per- fon, in the Employ of the King's Enemies, Chould dedarl^ an In- tention of coming into the Province wiih a Defign of promo* ting an Infurredion or to furprKe one of the King's Fortreffes, or to deliver any Part of the Province into the Hands of tile Enemv, andlbould afterwards adualJy come in with fuch. Inten* iion, his Cuiiduft would be ah overt A^l of Adherence, and a* mount to the Crime of High Trep.(bn.— — This Declaration, it too ftrongly applicable to the Cafe before You, to allow a Convn^l on my Part. ^ Gentlemen, It is not my Province to (late to you the Law up(» die Prifoncr's Cafe ; that you will receive in the ProgreCs of the Trit.i al from much higher and moil certain Authority. I have bem necelfarily C 6« ] flecefllrily led into fotne Obfervationi upon the Law relative to overt A6ls, and to what I have already faid, with the Permiflion oC the Court, I will add, that, a» the Statute of Treafon, coutem- ' plates the King'i civil, as well, as natural Death, all Conrpiraciei, all Mealures to depole him, and every A £i tending tu iubje^ his D«'n>inions to a foreign Power, arc overt ABta of con)p«f<' iing his Death. This is a broad Bafe for the Support of ihe iiTil Count in the prcfent Indidlment. The Foundation of the fecond Count ii equally extenfivc ; for, every Attempt whatever to aid oraUift.the King's Enemies in the Prolecution of a War agaiiift him, %^ hether iucceUful or otherwife, is an overt A^ of. Adherence, thefe are Principles which, I muft humbly hope, the. . Court will fan£tion and confirm. .Gentlemen, I truil we fliall lay before you clear and full Proof of all the overt A6ls charged in the Incli£lment, yet permit me to remark to you wh at has been often ruled that if one of thtm^ only is ellabltlhed by two WitnefTes, or two of them' by one Witnefa. to each, whofe Teftimonv you believe, the JElvidcnce will be fuf« iieient. The Prifoner will not then be entitled to the Pre|ump-< lion of Innocence. The Crime of High Trealon will Rjxxd j^rov that har;!>ened to me before I came into this Province to- refide, by which. 'L.knew thathot had takea fome Piiins Jo. find me out— Auf, Geru Proceed.^ Witnefs. Hetoldmetbatlliad beeirrecommended'tohimas a Per— f6n to whoin (hie might entruft a Secret: he delired that I woUldf' not. divulge it, which I promifed, if it ffiould be nothing againd me. . He. then told me that his Btiiinefs there, was -to bringabout. a Revolution in Canada, atid that the Canadians would have everif" Thing done for.tbem for that purpofe. . Atty Gen. Did any thing further pafs between Voi^ ? ' Witnejs YtSj He went on and faid, that he Wairiied fome Perfon^o ■ tatkb the Lead in the'Bufihefs, to carry it into' Execution ; an4- if' I would undertake it, my Fortune uioiild be made. Atiy* Gen. At what tiiriC was this ? Witnejs, Itwasinthe£vemng^oa.oraboutthe a9thjuly, lyg^. ' \ • . . Ml,- ' '1 !/ §: <> Alff* Gen* Go on if you pleafe. Wdtu/$. I then a&ed turn who had recommended him to me, which he refufed to tell. I told him it could be no Friend of mine t for no Friend would do it ; that it was a Plot of fome fiQemy ^f mine to ruin me; that he was miftaken in his Man, and I ](urncd away from him. He then defired that t would not (ay any Thing about it. '• Atty. Gen, Did he fay any thing about Montreti,! ? ' . Witnefs, H^ laid he Ihould be at Montreal in afew J>ays, and per* haps I might think better of it. Aity. Gen. Did you afterwards fee him at Montreal? WUnefi. I did, I faw him in Montreal, about four or five Days after- wards : he accofted me in the Street, and aflced me, if 1 had thought aiDy further on what he' had f^id to me at the Lines: I told him I had not thought much about it. He faid ,that, when I came to lUtow who he was, I ihould think differently; That if I would not .take an a£live Part, yet if I would conceal the Matter I (hould be proteQed. ^f thele Converfations I immediately informed Mr. M'rCord, one- of the Magiftrates at Montreal. Ah. Gen. Did you fee the Priibner at any time afterwards? ■JVitnefif Yes Sir, I was at«La Praurie, a Village about three Leagues above Montreal, on the .oppofite fide of the River, about the («• venth of November laft, where I faw the Prifoner again. I had ieenhim a few diuys before at Montreal, but had no Converfation i^ithhim. ^. Ally. Gen. Had you any further Converfation at La Prairie with the ,Prifqner ? - Witnefs: I had. He faid t mud then think differently of theBufinefs from what I had done before; I reptied that it was true there had been' fome Difturbanres; that looked fome thing like what he had tal^d about. He faid thofe Difturbances were very much againft their Caufe; that he had been at Montreal, where he learm that Sufpicions .were entertained againft him; he faid I mud have oc- cafioned them; for, I was the only Perfon to whom he had fpoken ■on the Subjeft. ^/^>. Gca. AVhat antwer did you raak:ft? 'fll^tfs. I told him, that after I had feen him at the Lines, 1 had irithtioned the Matter to Mr. M'Cord, but , had not mentioned his : Name; He faid he was very forry fof it, and that I mult be more captious in future. ... 'Jfil/>. (?rn. Did He. tell you any thing further? Witnefs. La Prairie with [ 55 ] '.,> Wilnefu He told me tW I might depend upon it, this was a fon« f uered Country; that there would be an Army here in the Spring* and if He could depend upon me he would tdl me fome thin|r''fur- thcr . . . That he wiihed me to take an at^ive Part in the Bunnefs. I told him I fliould npt take an adive Part, nor 0iould i makfe any ether Promifes than I had done^ ' ^ . Air. G(n> Did he fay any thing about the Seminary, of Montreal f Witneh. He faid I could make Enquiries where the Seminary kept their Money; ahd that he likewiie wiflied to. be informed who the ptincipal Merchants were and in what Part of t^ieir Houfel they kepttheir^HCafh; that, if I would dofo I ihould be proteded: that he wiihed'me to found the People's Minds and learn who would b6 likely to oppofe thim, and that I'ihould ufe my Influence to keep the Canadians quiet during the Winter,^ fo that there migtkt be OU' Difttirbonces. Atty. Gm.. Did he tell you when the propofed Attack would bei^ made ?; ' , : Witnefi. Not particularly, but he fiid, the Blovf, would be fftucl? at once in the Spring, at a Time when it would not be expeded; rhatthey (Ihe Pfifoner's Parly) Ihould wiih lo confine allthofe that would be againft ihem; but did not wifh to take any Perfon's Life, Atiy, Gen. \' ••: other Converfition paflcd between you ? ' Wilntfi. N f, the Priloncr appeared to be a little dubious oP me, which, 1 ^uppofe, prevented' htm from explaining himfelf further. Crofs^examined; jlfr. Pykie. Did you receive any Promife or. Reward from Govemr^ mem when you gave your Inform- prairie ? WUnefi. No ; I was there firflr.'., Mr. P. Did you not go thcre'for the Piirpof^ of ' meeting the : Prifoiier? Wiinefs. I had other BuBnefs ; but that made a Part, in order t(^> g^t.fuiiher Ini'ormation,, by. Deiixe of.Mr» M'Cordr- I If -J- Mr. P. Db7t| thg MTimefi may ^ liMd by lf^i|«^e^d'b^fi tOjgi^(6m9af^v^n iSixn : He anfwered that he had been upoa the fountain ^ N^cAit- realt I revaited to him that^e liadpefnaibrjgtim^ an0f ei^d |hat be lutd bec^ otijvejy fxtt- of t|]^ Moisolain, * mid 1^' ^Ugm 'h ;c|»v(prOitiojB t^en t^Vneq i^i^Qt) tjie i^^i^ Situation at this CounttyV in the Coiirfe oJF Wiliich* I obferved to him, that the Canadian* had made confidefable Dlilurbai^es and Teemed to be dil^£[e£l^d, Iainiedtate;|]r upon that he told tpt. he wiihed to feive'a littie private ConVerfation with nieiVc retired iiVto aback Room, w^re|i|; informed me that h^, had a Seeret which he Wj^ed to imparl to me; that it Vas a Matter of the utmbft Confequence,^ ai^d that he could' not commUhitajte it, finfefs^ •iiirould fwear never to reveal it. ■;.* C B7 2 Atty. Gen, What was your Aniwer f Wunefi, I told him that I confidcrcclmy Word at ways Aifllelent to keep n Secret without an Oath: he faid he could not reveal it upon my bare Word, and I replied that I did not wi(h to kn6i^ it. Aiiy. Gen. What Reafon did he afTign for requiring an Oath of Secrecy? Witnefs. He faid he could not communicate it without my fwea* ling, bccaufe he was putting his Life into my Hands. Atty. Gen. Proceed. Witnefi. I told him that my concealing the Secret might be de- trimental to me, in which Cafe I could not conceal it t he re- plied he would endeavour to make it advantageous to me, as ];ie fho^ld have it in his Power. I then told him that I would conceal it in cafe it (hould not prove detrimental to me in Per< fon or Property ; that I would, at any rate, conceal his Name ; and I made accordingly a folemn Prqmife to that effect. Atty. Gen, What pafled after your Prom ife of Secrecy ?, Witnefs. He informed me that there would be a fevere Attack upon mis Province,, early in the Spring, which would at oricc overthrow the prefent exifling Government : that he had been employed in forwarding the Plan ever fince he had been in and about this Country, and was fo employed dill. That the Attack would be made by a Fleet from France, which would bring from ten to "fifteen thoufand Land forces. Atty. Gen. There was I believe at that Time a French Fleet upon the Coaft ? Witnefs. It wrs fo reported. Atty. Cen. Did he fpeak of that French Fleet? Wttnefs. He did, he obferved that the Fleet then upon the Coaft was part of the Fleet detained for the Purpofe ; but that the Scafon was too late. Atly. Gen. Did the Prifoner fhew you any Papers ? Witnefs. He informed me that he was employed by the French Minilter al Philadelphia, and that he had fomething with him that wquld convince me he was not a6ling withoit Authority. He went to his Saddle Bags, took out a Pair of Shoes, one of which had a Hole worn through the Outfide Sole near the To'V and pulled a Paper out from between the two Soles, which Was figned **Adet". The Paper was written in the Englifh Lan.juage, in anobfcure Stile, purporting, that he (Adet) was interested in -4he Family Concerns of David M'Lane. H Mt\ %. ,41- [ 5* ] * Atly. Gen. Had you any Converfation upon this Paper ? Witne/i, I afked him why the Paper was writt n in fuchanob* fCure Stile, to which hr. anl'wered that'it was a dangerous Pvecc of Bufinefs to go upon, that if he fhould have the Misfortune to be apprehended, and the Paper (hould he found upon him, it could not be produced in Evidence again I him. A/'/. Gen, What further palled rcl'petting this Paper ? Witnefs, He (aid the Paper was drafted by himfelf, and that Mr. Adet would have figncd any other, but he (the Prifo- ner) thought this the fafeft Way in which he could write it : there was no Occafion for a regular CommifTion, he faid, until Matters came to the Teft. Atty. (iffj. If I underlland you right the Prifoner came to your Houfe, as a Traveller. Did he tell you where he came from i' Witnefs. He informed me that he was then irntnediatciy from the French Minilter at Philadelphia, and ihould immediately return thither, where lie fhuuld receive his Oidets and then fail for France, that he fhould return to Montreal in the Spring, by the Way of New York, in order to take the Command in that | Quarter. Att^. Gen. Had you^ny Difcourfe about the intended Attack? Wttnffi, I afked him in what Manner the Attack was to be made : he anfwered that the Attack was to be made at Quebec and Montreal at one and the fame Time ; that the firft Objedl would be to fecure the Money and valuable Property, for defray- ing the Expences of the War, and then efiFeflually to fecure all I the PrieCLs and leading Characters in the Province ; that thole who were favorable- to the Caufe would be prote£led in Perfoo and Property ; but as- to thofe who were adverfe'toit, itvwould fare hard with them. He faid, he Ihould have a Number of I Perfons under him at Quebec at theTime of the Attack whom he meanMo gel into the Province on Rafts or iu any other Way that he could,, that they would be there for the Purpofe of exci- ting Difcontent and Mutinies within the Giirrifon. and for fpiking the Caiinon,, ifpofBble, at the time of the Attack. Atty. Gen, What did he lay refps6ting the Canadians ? .V/itnefs. He laid he did not expert to need the Aliiftance of| the Canadians before the firft Blow was ftruck. A/^, Gen. Who did you underftand wa« to command againft Montreal? Witnefs. r !9 D y^iinefs. The Prifonertold me that he himfelf wai to comnahd igainfl Montreal. Ath, Gen. Had you any Converfation rcfpefling Arms and Am* munition ? Witrutfi. Wc had — ^he told me that Atm* and Ammunition were to be furnilhed from France throuf^h the United States, by the French Minifler Adet, for the Aita( k at Montreal. Atfy. GeH. Did you underftand, that any Perfoni were already engaged in theBuftnefs. Witnefi. I did, fevcral— ^the Prifoner told me, that ht* had ma* fly People near the Lines in the States, who had already engaged to furnifli him with a Number of Men each, who were to come in and alTifl in the Attack againfl Montreal. He faid that I might be a'fured this was a conquered Country ; that the French were determined to have it either by Conquell or Treaty. Atiy. Gen. Did he appear folicitous to engage you to aflift Wm in any Way ? Witnefi. Very much fo, He firft de fired me to takeana6live Part in the Bufinefs, promifing that if I would, I (hould have Any Reward I might a(k, or any Standing in the Service I might chufe to accept of. I told him that I could not make him any Promifesbf that Kind, for, I (hould have nothing to do with it. He then faid that if I would give evrry Information I could, ref* peeling the State of the Country, I (hquld be protected in Per- fonand Property. I ftill told him that I (hould not make him £my Promifes, nor have any Thing to do wiih it, either one Way or another* He then faid to me, you can certainly do thus much^ « you can endeavour to keep the Canadians quiet till the Spring;; ^* for thefe Difturbances on Account of the Road A£l are very de *' trimental to the Caufe".* " I have, fays he, at this Time a Num* *' ber engaged for that Purpofe." Atty. G«. What Difturbances ? Witnefs. There were DiOurbances at that Time in Montreal, refpe^ing the Execution of the Road Aft. Several PerlVins were violently oppofed to it — The Prifoner, J conceive, alluded t« them. , Atiy. Gen. Go on if you pleafe. Witnefs. He then told me that he had gone as far wfth me as ^e could go, until I (hould pfomife to join and take an a6liye Part, but if I engaged to take an aflive Part, be had other MatJ 'tersof great Importance Prelate tome« A/^. Atb, Gen* Did the Friioner remind you of your Oath of Secre* IVitnefs. He did, and C^\d that, if I ever revealed what he had communicated, it fhould fare hatd with me, that my Life would be taiccn immediately. AUy. Gen. What did the Prifoner fay to you as you left th« Room where the Converfaiion, which you have related, toolc Tiace. Wttnefi. He obfervcd that I might alter my Mind perhaps, and that he might, during the Winter, fend fume Perfon to conveife with me; that if any one (hould come, and tell me he came to talk with me on Family Matters, that would be the Mau, and I mig^ht then depend upon not being deceived. Crofs-cxamined. Mr, Pyke. Did not you come to Quebec in November laft, t» give Information againfl the Prifoner ? ' Witnefs. I gave Informatioti r):fpe€ling a Plot againft Govern- nent, but I did not mention the Prifoner's Name. Mr. P. Did you not obtain a Promife of a Townfliip of Land as a Reward ? . Witnefi. I have a Promife of a Townlbip, bur not as a Reward ' fer any Information which I ever gave againit the Prifoner. . Mr, P. Is it not oh Account of that Promife that you now come- to give your Evidence. Wltnefs. No it is not, I have been ferved with a Subpoena, and I ihould have come if I had not obtained a Promife of a Townfhip. ' Mr, P. Is the Prifoner a Britilh or an American Subject ? Witnefs. Wheal firft kniew him, about eleven Years ago, he re- fided at Providence in Rhode Ifland. He is generally reputed aa ■. American Subjed. FraV^cis GrtANiN>N£T, (Swom.) Atii. Gen. Are you a Britiih Subje&< Witnefs. No Sir, I am a Subje6l of the United States* AUy. Gen. Do you know the Prifoner at the Bar. V/itneJs. Yes I do. Atty. Gen. Inform the Court and Jury, how you firft became acquainted with him. Vfitnefs. 1 faw the Prifoner the firft Time at Watfon's Tavern laft Suitimer, a lutle below the Ifle aux Noix, and, fome Time in the Beginning of the Winter I faw him again; he came acrofs the Lake # 3ath of Secre* }u (iril became [ 61 ] take to a Place about three Quarteri of a League above the Linei, within the United States; he met me on the Bank of the Lake and afked me if my Name wan not Chandonet : I anfwered Yet, H» alkcd ne to take a little Walk with him, fori that he had fome I'hing to communicate to me in private, which I confenttd to. jitty. Gen. What did he tell you in the Courfe of your Walk? y^unefs. He told me that he was there upon Bufincfs of the ut- fiioU Importance, and that I had been recoinniended to him at a EToper Perl'on to ailifl him, if " would take Part in it; but before e could relate the Matter to me, I mufl engage not to divulge it. AtP. Grn. Did you make him any Promife ot Seaecv ? WUnefs, No Sir. I told him I could nut make fucn a Promife till I knew what the Matter was, he laid the Buflnel's was of a po« litical Nature, andthat he cOuld not relate it until I had promiled; which I again refufed to do. y AU>. Gen.. What followed? MVitnefi, After a (hort Paufc he faid, he fuppofed I would not be accciiary in laki ig away a Mdn's Life, and Ifhat he would there* fore goon with theConveniaition : he then told me that he was em* ployed by the French to so into Canada to found the Minds of the People, and to fee how they were affetted to the prelent Govern- ment, which Bufinefs ho hud already begun, and had found a large Body of the Canadians could be raifed to make an Iiifurre£lion in the Country; that he had learnt I was going to live on the River St. Lawrence, at a Village called St. Regis, within the State of New- York and a few Leagues above Montreal, which, he thought, would be a very, fuitable Place to have fuch -a Perlbn as mo, if I would afliil him to carry on a Plan. ■ Any. Gen, Did he tell you what Plan? "WUnefs, He did, he told me that this Plan Mras to fecret a Qu^tn- thy of Arms and Ammunition oq Rafts of Wood in the Sprmg of the Year, to be brought into the Province, both by Lake Cham- plain and > the River St. Lawrence; that he thought a Quantity might likewife be concealed in the Rafts of Firewood that are made in the Chateauguay River; and thatthefe would be the fafelt, in as much as it would be fuppofed they were coming from Upper^ Canada. Atty, Gen. Do you recoiled any CoBverfataoa telpeding the PHloner's Brother. Witne/s. I do. The Prifoner told me, that he had a Brother who was coming to the Lines with a large Quantity of Dry Goods: that thefc Dry Goods were for the Purpofe of coUedling a Srore of FroviiioQS to be ready when the Infurrettion in Canada (hould take ■^ K' : [ «• 1: tdce I'lace, and that it would furniOi a flood Excofe for him (o bf backwards and forwards, as he could vint his Brother's Store witb* out being fufpefled. Atty. Gen. Did he a(k you to join him ? VtfUntfu He puihed very hard upon me take Part with hiiDi AUy, Gen. Did you agree to take a Part. V/ttnefi. I refuted, and declined having any thing to do with him. He told roe he was forry I would not. AUy, Gen. Did he defire you to be fecrct. V/itnefi. Yes Sir, he did, and added that If I divulged what he had told me he mud inevitably be hanged, lie kit me im- mediately after. Crofs ExamiYied. Mr. Francklin, How long have you known the Prifoner. Wit/tt/s* About Eleven months. I did not at firft know hti Name. Mr. F. Do you know him to be a Subje£l of the United States* Witnefi. I do not know whether he is or is not, Mr. F. Are you not a Canadian by Birth ? Vfitnefi. Yes. Mr. F. Why then do you call yourfelf an American Subje^? Witne/s, I left the Province with the Americans in the year 17761 having ihe Promife of a Commiffion in the Army; I was afterwards naturalifed in the United States. Mr. F. Did you not come into the Province laft Winter, and was you not fent out by a Proclamation from the Governor, on Sufpicion of being a Perfon difafFe^rted to Government. y/itnefi. I wa^ fent out of the Province as being an Alien. Mr. F, When did you firft give Information again (l the Pri- foner ? 'Witnefs. Laft Winter. Mr. F. Did not the Expc£lation of being permitted to retura into the Province, in order to go to your Farm in Uppcr^Caiiada, induce you to give Information againft him ? Wiinefs. No, being confcious of my Innocence, I wrote a Letter from the Lines to Mr. Richardfon, the Mj^iflnite at Montreal, telling him that it was my Intention to go lu Upper Canada, and that 1 was ready to take my Trial upon any Charge that might be "brought againft me. Some Time after IcameaG;ain into the Pro., vince, and was then Subpoenaed to give Evidence agumft the Pri- ^ncr, ' Thomas e \cit me im- United States* t «3 ] Thomai DuTTtRri&LD, (StuornJ Xtr. Pyke* The Attorney General, in hii Opening, has dated t^iat this 'Witnefi ii an Accomplice. We mult ob)c£k to hi» Ex- amination. AUornry General He certainly it an Accomplice, btit he it dill a good Witoelt. I mud again rri'cr to Layer's Trial. In that Cal'e, Lynch and Plunkett, both Accomplices, were examined as Witnr Ifes for the Crown. Every day's Experience (hews that Ac- complices may be heard. The Obje£lioncan only go totbeCre.- dit of the prelent Witncfs, not to his Competency. Chief Jvfiiu. There can be no dui>bt on this Points Where prcvions Tcdimony has been ^iven, the Evidence of an Accom- plice .can certamly be received. A//.V. Oen. You are I believe a SiibjeA of the United State*. WUnr/i, 1 am a Subjett of the United, Slates. Atty. Gen. Do you recollect having .ieen the Prifoner lad Fall,. and where ? V/itne/s, The Prifoner came to Swanton in Vermont about the Middle of November lad, and put up at a Tavern near my Houfe : he deGred me to take a Walk with him, which I did, he told me he had a Matter which he wiihed to communicate, if I would not rovea4 it : it would be of.Advantagfpto me.. Atty. Gen. What did he afterwards tell you ? Witnefi. He informed me that he had been in Canada, in order to found the Minds of the. Canadians, and to learn whether thev were willing to rife and take the Government out of the Hands of the Britiih ; that he had been in Canada before in the courfe of lad Summeri and had been in Philadelphia on the fame Bu- finefs. Atty. Gen. Did he tell you by. whom he was employed ? Witnefs. He did, he told me, he was employed by the French Minider or Agent "Adct". Aity, Gen. Did he tcU you -where he had been ? Witnefs. Yes, he faid, He had been in Montreal and' found that the People, were difpofed to lend a Hand in a Revolution*- and were willing to feize the Government of .theCuuntry, if they had any Body, to lead them ; and that he was then returning to Mr. Adet with this Information, * Atty. GUn, Relate any other Particulars of the Gonverfation which you > remember. Witaefi. I , afked him if he had found any Men that could bn- depended 'i'^- vi t 4* ] flcpcnded on, who were willin({ to join htm ; he anftvered Yet, unc Ul.ick or Dlaki-, and that there waj a Number of others whom ])c had (ecu and converlcti with ; he particularly mentioned one Darnard, (vhotn I did not know) tylio, he luppufcd* would be willing to join him : he told nie that he was ihc.i goinu to Phi- ladelphia to Mr. Adet, to make his Ketiirnt oi' what he had done ill the Prtiviiice. I ulkcd him if he had any Letters to Mr. Adct; he faid he had one which I underlioud to be from Mr. tiUck or filake, but I did not Ice it. Any, Gen, Was you ever prefent at any Examination of Pa- pers. Witnefi, No Sir, I was never prefent at any JCxamination of Tapers. Atty. Gen, Had you any further Converfation at this Time ? Witnefi. We had lome Convcrlation with regard to the taking of Quebec: the Prtfoncr feeined to tliink, if that could be done* thr ' Country might loon be overcome, and he propou.-d bringing in a Number of Men from the States, on Rafts. Atty. Gen, Did the Priloner fay he meant to return to Cana- da? Witnefi. He told me that he expected to be back again fomc Time in April or the beginning of May folluwin;;. Atty. Gen. The Prifoner I believe Iblicitcd you to join him. Witnefi. Yes he did. Ktty.Gen. Did you undertake toafTidhim? Witnefi, I did certainly engage to alfid him in the Undcr^a- •king. Atty. Gen. "When did you next fee the Prifoner ? Witnefi. About the twentieth of Apnl lail — He returned to .Swanton and came to the Tavern clofc to my Houfe. Atty. Gm. Had you any Diicourfe at this Time. Witnefi. Yes Sir. Atty. Gen. Relate it. Witnefi. He gave me a Wink to (Icp afide and aOted if I had been in Canada during the Winter : I anfwercd I had not : he aflced mr what News from th'-re ; whether i had he.«rd of any Difcoveries refpedling him : I told biin I had not : he laid he had heard on the R ^ad that he had been dilcovcrcd : I told him I knew nothing about it. Atty. Gen. Did he converfe with any other Pcrfon. Witnefi, Yes with Mr. Holgate for about halt, aa Hour, <)ut -♦1 .'. DoorS| V ^--- ^ ' -f^ t % 1 .,."r ^' kiaMiiito* lactiordingly went to St. John't and did fa)^£fta»4 to ■Bd kvoH'^'Miii to 2HMiit««i. ^ Tbt rH4Niir4jpA^rieMill9^"lMBt out to gi tl u r and Iwd « Converiiiiioo ; afivffwhkh be told on Im k«d^tAirt8miMil*Mr-go bto Oenadn wkb FrielMftl;^ "^j uW %K% Altf, Gm. t>id the PMfoncr g^ve jpotMuiy Moocv Aif'TOiir'JiB** ncv to $!.• lobo'ftf Wtmr/kk Yea,.areir.DoUerf^ '^ / ' Am» 6M*.wlutdid he tell jrou oettcefBUig dbat Moaeji? IfiiN^ ^He toid me .that the hhnaf bo bid gpvfo mo ^meiMe for t*ty* but for my E^pencci}; tbet my Pt|if.woold begia fiom the Time he.firftengeg«d wikb ok* by whi^rl rtrndetiUift^ be meant November laft. ^ «. iO^hCMi. Wbe»beJe£t ypildid befay tovW Naceboii|^t to go?.- • ' . fu- , !. ■•• ' V ^X ^: WHmf$i He tol^ mo iba» he tod Fnebane fieie vnag lo QHf- bcc.lo view the Place? ., . AMy. Goi. For what Pttrpoie? ' 7 JJH*! ' • ■ '-. • Mihime/h iio fatd heamant io< lM,ibmii ■mix. Mlikt tbo Giftii- fbn; but what Plauhoeoold Ooluy till he b«d foiii ilU Alty, Gm, Di4fOtt«wh^taiiytM9tiir]^ii«ffo&d^g tlm'Pnlb^ Wtlntfh Yet Shr, l^.aikedHbim wbmre,^lliey wofOt ho faid he ha4 lettthemwith bia B'olbtr^^b»> wai lhe» at Mr. ScoviH's: he told me alfo> thai Scovill bM m^airied • ^A^ of bis, «n4'bad moved to iSwanton in<-|'ebruary USt^ if order to iffford a.ljUuoO for him and Im ¥»iaaiU^ , ^>' r , Mr4 Irancklin* How looghm you 'Mown the Prifoiier? .^ 'Wi^. Tha.firftr Time liow .Wk wear a.tWfl^voMoBthf^W Lift. April, :. . . MT' f* !• tbii Prifooer a Sttb}i;6( oi; the Uoited States hf WHm^u I do iBofr know, but 1 undcr(£9(M^bia;i to be ^o^r#^ •w he was Aom iftiBoftott. .-. . ' , Lib • . ■■h'*> ^m '^ m. m ¥\ r^ i ll # ( 6# y "^ Wftw/S. Iifif takeff us tt St. John* in May M, lorV CM'' Jii^iee, Y^u faid that your Pav waa to commence frMI' ^'^<2|iir*fd^ii»rpeeMl6' ^m pfOttiPftd'me* ^* <<^ 7%« WilfMfi eifimttd iMiAt wilt iflli^^ l« ct|^ Jkt«^^itiil4ir;i?«- ^ Irmcht mdjiirm ]ah^ TAwawatL was/iuom mJHUrj^ttfr^j. i Am. GPi»Whtn^i^yoM fiHlbecbiri^>eq\^iftediifith'the^^iro- *<**1#fM<^. ;l JHI ftw ihe Wfi/ner m-t!ie Mbnth of Tune, 1796. " WmtfiJ-ileHHeiiiinnihfflht Ifarte of Dav^dMljmej ' - iltf^ Grti, Where did you Cirft fee him ? ' ' "' ''mitM,lHt mX t6 Yhy -Hdtifbai^t/ Jtybns' and tfOned me if t knew one Friiettette tb irhich I ah(wercd ••I an^ ,thc FeffoA'*, ll£ iinetf-Ae^ir 'l^liiM' HoHfei tb !«*!1{ rahf«iiM^^*Y^. We weiit? into thie Field «nd he ktked^ me if I cofASPkfiJBp i Sec>¥t^4md was ih }iOtieik Man : i told hiip'ii6t«d trn^tticHtoo' intchi He iaM>^^%a 'i^#;t^^ ^irin^^ri>'at Ihat Ke^^ "■ ^^M'i 'Giki m^ian^uS&ikti^aihf • ■■• •' . Witnifk Yes,! took the Oath. ,Am m i;t^aJ^:€on^erfii|ti(^^ af^eri^rds ? •'%( i'.lflM' go with him, he Would give me a good Reward i } replied it wii fmpoffible.' He then a||^,^ if Jciovid procure a. Certificate from fiy^ 9^^ fi^ Canadians to fhew.thatM^ere i^eremjQre People who wm€i%i i Ch^n^e df' G^elri|)aik1jiii^ ihim 1l^^ cotKentdd witk'the "iH^fllM^^^o^ftttehti Ifi!dit#aliitipo{fihi<^ herepfftti, the CeitiA- cate could dp no harqn. He b^l m/e i|ot to bp aA-aidt that MWa##i ,0$€e< ik^ettithdk Ata^, lie ;Akeil -meHt^ff' t^ tk€ftll4»v«|p#^|oriiIUii^^ Mfii tMibJiWjUitiiffftfiiift , yfiMi^, :Hf 4flie« •« wkf th«t ihcNT iiBC«Mr4giilkBl l'ii[dili«ii«terllirt I -trif'ln. fHr»f^,{Mi,did nOCexufifylbtoMCyihvt pcrkapa ha aiiiht go IoOmI )kc.:'4l4ikik-ed ittetfl«teldicondu& him, «»whiih K agnMbn^ ^4>. i6; '- ^/H ' ^ :" ■ -'^^'t^l^li. Watiir^M, Yes, vfctMiTed hehiad t^ FMtrf M* Jbhus >WlUvt Da)hUgb|iMid^o«eitdiDd an tht Southv 3hotiB)Hbaftiif:Shiiit c%>?f» cbolap^ . Oq ihft |ottf^^ thtt>Pi;i&mff i>Uin^f«d)l ik^€tiiftiy4»iflft led lUglifli. Faii!mef^'for its :Ihi|Woiremeii(t4 J • r (. rr> ou i^t^^iar h»n Qm* WhBt;]Hiffed:«tSt^.;Bli«hH'#'(<^^^ W02(A. A( $kiiiifci NioholM he allfed «Niwfifi«Mb^fiii the Fife,:, ;h0. could takft'theTiowtO rti* defiiediMe tw^ilcsviy'jBfo*^ ther seffcClhigthei^biiile lit Quebi£^:«il|i&hey^ wKHfcinrtG^*: I did £0, 1^ told «m; felt midline J^ilttrbahcol'ftb«ul^ Rivicr St^^JUnb. rence at>ov« Wolfe'* Cove wherfc . #iB ; landnii^ < , .'The « Prifoliec fent me to Town to bring ^Ir. J^ack tahiiliv^ MrhidhLaccttfd- ingly did. When' Mrs aiaiek «iriSv^» ^ rPrti^t defined ttim tj» J9|ctifi»* the -mberty h« hAd Itakatt in fandlns for h^p^ kkA ia^ that ht WM «fffM^ tioMiiig jhtcr .Toiini .(biin£dl^ fe»£i^ tflt^g.kifciflcd^: V . ■^■•m^^<^. .'^"k.:^j ^.-A|(^.'.-!Gm.' -AiiwlHiltT A<&. G«ii Now go bn. ,^>, 4 Witnif^i, Mf^ JDafk^ihefiiold the PfiiR^ir, ihalf Ihad ihfanfked yUm. M the Intemibn 0^ his Journey ; Mr. Black faid he did . ' not m 1 Hi 1 nm If i ■■{I Mi' 4lfiliiJ4irkMnitSdBoirtV «»d b« iheiiefof« ^ifihi tba Frifener t» |6 fliF^.v^Uioat inakfog the AtUtpf^U^ ibMxM ChttlldiMl#^l#«le not Twificientiy idtlfMlcd toriCii tnd^vreM litik ifei«Ay>aii(d anMheryiiratlMr Way, aiidtW ilKcy lirjit«qnbtUwoMihdbiii*g)«DVfiHIAg'£BrJ ^ka^nfonei iki^^dkkuhi 9li4^<^iff»ib|e.:i' irw v« ;.n^; 'a u ^f IHfti^iilIei«M>iaiM)a*rl maink iieiiad « iLifcttienrf ol^ fiiiir; and iM<>t)had adfiUKolctfciiitPT ato^Uiev Feffdbi Mr. Bta«]^ wbich iratr done. The PrHbtier tiMi told'Bkidk tMt:iie.i(riouid gd ai^yasifoon m tlie Tide feri^fd' aiidi>^g«d hibslb kibap^ th^ Secrat^ fos,^' tl^itt^ -if > l^e revoiikd- U, lie would do him a great Irtjrucy^ 'H^^Aid thttiMr. M»-Iloii,'diTe'of the Conftables at MontwealtiliB(ibe&roffetiBdifiV«> hundred Dollars If&tliM htiQi iVk vY^arbefore; Mr. -^^Black .told hiiii4iip was an hpheft M«ii;and.lhatJbcl j^oed nctt bdaftaid.: ■ : . • '■>■ , - • ^ ''-'',)•'•' -^i- ' - ,- : •, :iijlii;.- Gbr. /Wa« any diing'faidabout taking 'Quebec. irvA]{<7.lG«i.-l^hStwa«:it;?, • - - ', ^:^.. ' -n .^!;v:j:('- , WiM^.. ^f r. dBlack aiked^the 'PnToncr '^hat -Plafi hei laS m taluog thcrTown^ the Apritoncr anfwerd that ft^«wai mv tjoify t4 tiakti t£;.ihat;if Ke Jikd five hundred Men, -hk wo!uld lake it -very eafily; that t^achrlMan might be-arthed^withiiPikteabbutfix W^i^- v«nieetJoiig4 pointed with IrQiv.and iiardoiied.in ^the^re; «and if the Townxgates were open, otxe' Company nir^ht come in^^t on6 Gate and an other at another. Gate, and nrik6 at the fame 'Time.' The TroopS) he faid,- would be To furprifiid that they wo^ld not Jinow which way to turn ; i{t( thought there would not be a Per- fon^kjUed on cfther fide. I heard nomore. \. Al^; Gen. 'What was the Reafon? t iWt^R^. I fell afleep. ]rji^^//.G«i. Didvyou hear anything afterward*? UVitt^fs. WhcnrI awoke :I heard the Prifoner. fay ttt Mr. ftladt that jCbme thing mi^t 1>e given CD the Troops' td let th^m afleep: Mr. Black faid that would do very well, that the greater part of the Treopt were Volunteers '^^and ' defired ntithfn^' biktter than td lay down their Arms: that themoft. of thtm liad enlifted, merely to get Bread. > ^odU4 7;OU <^al][ .him «on the Journey trom Saint .^ohns to Qttebflc?; . ir i li .- ; . v r V ' ^: WiM^yil The Brifoner defiredine to caU .4imi.;l'|M.t» l^nd IjC^lWd biiB^igr that name f com Saint Johns till, vre ^weiu to Mr.t^la^k'^ ,v^ I >^4f vi»n^ki i ^H« BLACK}i'£fi|uirey (^r(Mrn.J!: , | ; 4ip',,0en. Vray Sjr, do you recoTleft having fccn "the ^a^ .'WUriefk , {j^richeue) on or, abput the Tenth of May laft, and where?* Wifnefs. Charles Fricherte called on me on thp tenth of May laft». about twelve or one o^Clociv,at my own Houfe in Qdebec.^ ^^/£r. Gm. Did be offer anything for Sale. '. , u, Wilnefs. At firft, he afked me if I Would buy fomc pak' Tfinbfer ■of biro,. ai^4^c accordingly bargained for Qa^Tiipber; but-aftei[» war^$ h^ de fired to fpeak withmeiniprivat^; I went yrith |tim ipio another room, where he took me by the Hand and ^4 " yoit'will' *' be furpr^fed when I tell you that 1 have,naOak Timber to, fell. *V I atp come upon 3ufinefs ol ai quite different l^ature"; tfiftn fqujeezing me by t^e Hand he faij. ar« you the M. Black that was in jGaoI iii they^» that I was lifaceftafn iM regkrd to my Sttoatioowhen tnos in th^' Wbodi ah^ that I Ihei'efore agreed to every Meafure the Priioiier propofed. , Attr, Giti., J wiih yoQ 16 r^lk'te to thd CbMti Attd jury the partis cula^rs pf thet)oni'eri'ali6AWhii£h p^^^ i< . anity. I Hiti lorry to fee a ^tt ing tmder the Tyranny of £ilglai^d : f propfofe to pulh itHt BVi^ ♦< f ib GbverhinenL firdm the tibtttitierit 6f Atherita". I aflccd him by what IMeanf : 1^ ahlwef-fd ttr Uti Metk of Infidentle, ibdi M^inugKib^one^ linight riiifb, ^Adtr pMuhbte l^rtttHcei, ai ^any- BcopTe as Ikdt&bte ; who, ii-^ cttiHn iLppoihted ' time Wduld^* b^ joined 1>y:alij'ii'mlk^ ^f M'ell,'#ho werefolIdWlhg lUia m (rfMi tii6 &at^un(|cr'^vari(His praexts of feeking l^bbtit-, ^t. tha^ he Wdiild' ajfpk %oi9 wim Pikes of iilgHt l^^t tti l^gdl beitded Wh'k Itotx ithd hardened in the l^f^,. Wbi^h be cbtii^dtf^tfd to be eigkl^Mi f^^ j^' to nvmd rt : be h^jied h(Mte Wbiild h6 tkk^t b^e at «h« Uii^ ime, (aid be,ror tbe (aki of Pdfh^ilV Sdl Wbb r6fif).-AittflE fili: A<^. Ofh. WhaffurtWr . / r- .Witnefs, Ue obfefv^d t6 me tfakt 1^ tOniltiiB Catrt, fi^'^to / injure i Injf^« J^e Worlds; for, t^at vqiil4 rer.iUr ut vi^liicrable after iff were "Mafteriof tfie Garrifoii. lie faid, he left Mr. A^el ontHe'l fevcnt)! of ApriVivt^.iiiras going to France on the Tenthf thtt both ht »iidth&, fllpa^ifli iMini^^'r w^jk ^ncemeA hi the M«»f|Nfi|; he ad^ed thcfip W^rda %M^ i> t^f ^m ^ Ba<>m£%the Spw^Mfll ii %{ Fop,",' ■.■■■•.,','>- •■/,.;> ■ ^., , I . . ^ >|di n^v^ lie Veoovf red uoip us ; for^ , faid he, ^fid^s the Me^ifttfee tajlten hy the Frencltand S|>miili'Mim((c^ iWe ^t^a thoHHM^d: ^^ at tjie Lines ready at 4 No^» witb fatt of wh^ch t tntm togarrifon this Place, and with the Remainder pernapi 'from- an Expedition againft Halifax. Yon roav think me voung, faiid he, for fuch an Enterprife,; but t1)is ii t^ie Syflem France purfuea at prefentjihc will not i^mproyiln did CWcral. .^ ^ ' ' Jtty, Gen, By what Name did you thenkhoV thi Prifoner. Wurtefi, ftii>Ji6nsio myX^iiihgtli^Vtimp'i^^ tTic lit- tA"¥k^Fdft)uftf6hVc»tarib^, T uhdCrftbbd his , Kaitie eo be Felt;, but he then gave me two Letters, this bnt wi^a^ th ^jphW fillcic- wood, Efq. and tbe other direOled'td myfelf; ri^cdihmendin^^ tho I«Vl!bnefrasi Cihiliman highly W6rihy ora'6tice;'by'rK-e I^aSic ot; Colonel David M^Lane. u >n ''Ai^rGen. ' Wfistt SidfOU do with thefd tettei-siate hfe delivered them. to you P , .. j '^ . 1 . . 'mip Atitt ^^Mtm tetr(ft^9 mr^^ihe^ an^ bi^ried'd^ln : ba^iiiri!ef ^he t^rtfot^'^ Wa!i ^^^^^^^ t J^<^H ^^ V ^^» «o^ navoi them now in imr Pocket.* "^^ ^ ' •^^*»**f-' Att>. Gen, The Prifoner told you Mr. Adet was TOne to En- rope, did he fay fof *^fiat P^^pof6 ? V ' ' ' \ ■ f "T ^ . mtne/s. He told me that ii4>, kmi»ii g6mt<^mI8'^i^l'6rthe Purpose of bringing a Force to cooperate with the fifteen thoufand m£(Hsk We^e to b'e'brouihl \tittp& the ^tatei. ' ""^ ' ' ^ "" ' ^2/ne/i. He enquired muc^i cpmrerning the Property, puT^lic aiid prfvate, that there ^ifs fn ' Q^eiebee. iSoldl , h'ini iho^iibt tht!re%%t fe^lVoM. thr^ ib live hundred thoufand* PounfiftiM.Ye^,iyviMhim^^ fer Hti%HoW. Heho«^ lengUi confented, and g^ve tne l^is Poakct4>QoL /in whjoli l^sN'aA'e^ WM writbcp) td^V^V£>cteaioif in Caje Be i&l^lic^'^ - ' iHil. Vtn. Bid ^^l^rifoner come into Itbi^hWitll |0it ? Tf^«A. Mb, I je£l of his jfouniei^: that hejnaid bpug^tj^ Hprf Depof^ion made l^y the l^ii Witi^cts^ containing in Subllance, the £vjdence Mrhichhe hajs juft given, froiji^t 'which I learnt chat M'Usijae, yr^ A^Qv^eht(^/l^^i^;^^n^^ ithmediateiy to the Governor^ and by Jus OrderJAV'ei^.^itH a iip^ll Party of Soldier j tt^i^prchcndhlm. Ifbi^ndhirn iii B^ •Here the Witnefe produced the Pbcket book. t 79 3 Mtrir; Ik faid'iit wanMt ? I t6ld Him I uiigain aflertcd that his Namt wai Ftlt» and that 1 wat miftakMi. H wttttolntt io««arry him More a MagiArataf he was oonduAiil mmediatelf to tlM MiUng«iard» I there {enquired «r]ut Monitt im had with him: a Bag wa* produced conuining, One hundned •ndi Utrt^ Dollar*, the |reaeer Part in Quarter J)oUarit!l w^^ ■td to give him a lleceipt for it: and aflced Jiim in whatl*^aii^ I fhoufagive the Receipt: he apfwercd, jAOoa F^lt. Igave him a Receipt i^r Mpnies found on Jacob FoU, aliai David M*Laa«. A^. Ci^n. iWwe no furthier Qucdioni, Ci>«>l» e^iMiiied. Mr. Pyke. What wai bis CundufI whM' appriehended ? '> VfitntL Perfeary decent and Collected, not like a M]a|^ C!6ff^, fcious ot any Crime ' t *' i t " Mmm Gmrk H\f^ likve id^eW oiher Wiiiiefles mi^ mmif^ pi^febt in Court; Ut as th'^'CaV Cki«Er Justice. The Court 4^ill moll' readily allo^the Prifbh^' rr^ in his pnefent unfortunate Srta«tion;ei^ery^ thiiig which hecaij^ resronabl^' aflii ^Itis not ufual for the ^ Prifoner to 'fptak b^ok? his Coun4l; bat we 'Will hear b^th him- and yba in the order y^a^' snay think proper to ad6pt« ' ' ] THE FlllSbNERi*S[ DfiFEMqiL ." i Maya plemfe Your Honors, I feci much fatisficd that { am pVht loitte'' 'o. (peak before You. on this folemn Qccafioik I am indeed very ienfible (hata bkck Cloud hangs over my Head; that,eyery 4hing looks Very da^rk againft me; but I think and truft, 'i^ m^*^ CohdisJl be looked info, it wilt b^ difpelled into gentle Showeisi«« I (eel Gratitude thit I have been indulged^ in every thing reardna«^^ blc* I thank the Coart for its Indulgence to me. QenttemeoC ^f | the Jipy* ^be Day is at laft arrived* which we have looked itvr^Qii^ which yon areto diicide on my Fsitjp. ^our Faces are all ftjangeL to me; but if '1 can read in your Faces jrour Hearts, furely i| ha^^nothing te feat . .« i > To youidn ShcriiFaad to»\y0u* X rbu|ht ma firft- to this Country : I had a Store at Providence, in Rhode Ifland, wh^re'I ha^l lived in Credit foi^ fotiie Year's: 1 had {1^ Brother in La^ named |a(okt Felt: we failed in Trade: web^d 9£res^we wcr^ u|>fqc<;efaAi|. Uound we muft pohtiv^ly fail andr t con^munieated this to my Brother, 'He laid, n^any Pcoplehad i^(^n> ^t the Store,wbo l^ad been in Canada, *who faid much Money mig^ be n;iade there: this wts in the Fall nincty-Hvc. \yheo I found |ny , l^fcfles came fohard againft me that it w^s certairirl c(xold not fland againft them, I »4vi)fed my brother to take Goods from the Store and go to Canada with them to fee what ooiii^ ,be done the,re», boping, if they ti^rned to Account, to be able tofatisfy fome of my Creditors. Aftes-he was gone I was involved. worfe and worfe: I prepared myl'elf *'to j^ fom^whep, feeitjg that my. Credito/s voald come upon me. . ^ ^*'| had defued my Brother to vnfict me on the fijft of May, at jfint Gteisg's, near the Lines, t went there and found rny, Brother j^ left tome Goods there. I, foon after this, canje into Canada^ to Sl'^ Johns'. Before this ihad been about ,Lakc Champlain, loiter- in^ away> the Time till I was to meet my Brother. I. was t»vO or thre^' Days with Sijuire ButterfielH, and iaik'ed with him about Canals and R6ads and fuch like. I went frotij[.S't. Johns to Mon- 'treal and put up at Mr. Cuihing's, where I met with one Mr. Moore, who was come upon a Speculation of buying Lands or Cut- ^& Citnals: v^e h«d (bmf Convej;fatioh together and he deft red me Day of May you for the 'e tht Pnfonen lo hnr every gddrefl'ed to will continue ow appears a- a in thirs Pro- e Narrative of i'ume Mcafure i 1 Ihall fome > another; byt \ inwroper. 1 ould go adray Life hai |>een wrhich ia what Providence, in ) Years: I had fradc: wcb?id itiv^ly fail andf *cople,had \ft^n> \ Money mig^ en I found jny , :()old not (land from the Store le done there,, sfy fome of ihy andworfe: I xny. Creditors ilft oEMay, at Indmy, Brother Into Canada to kplain, loiter-, I. was tyfo or iitb him about Johns to Mx)n- with one Mr. l^nds orCut- fand he dcfired me ,C 7« > • mt not to interfere with him in bis Speculatkmf. Finding th feared agatnft me, may all bo Isotfift Mitn, foe oaghklknowi I avefiothmg in pariicdlar tot>bje^. agatftll themi^^ 'But all aee liable tonnftakef and if ir-dow evident hgtr much they haVb been miftiken. Tlaey Imvc grofldy. miftakto my Views, whi£h irere only Vt«Wi o^Tradf aM ntit at all Political, Iivly up«m your Integrity and Hamanity, but J put my TrttiHna niaab gU» aer Power.^. I put im^Tniftia you, «M€M^d^'I do thmi .poiiir mi^ - «he Hearts of my Judges Wifdbm Anfd KtoWledgcf ftfengbtea aheir incliiftation to .do jtfAfCtj and imfp/eTs UH tihe Mihdb» of tbem, and on the Mindt of thiig Ju^, i«IS0-«M n^w td datid^. iopon my Caufii, the imfioocACC of thy SitVtfiWt aUd ofa &6a^ «uchftha. Lips of diofie^ thy youiig' SifviM,: ^^!h»:af»t4^ecii»iii .[ 7« ] «if Bchatf: %We them Eloqtien.'e and pcrfoafive Argunienta! grani that their Endcavoun m.i^ be rucceltl'ul» and that I nuy life l«» ferva and glorify thee hercafte r. Ma. Pyki. Centlemen oF ihc Jury,' .» » Thi arduous ahd important TjAc of epnduOing the Prifonfr*! Defence h«K been afli^ned by the Court to my learned Friend Mr, Fran(,hlin and myfetf. Important thi* Gaufe muft bf acknotr. ledaed in every Poitit of View; but particularly aa it regard* itte Prifoner: f )htm the Conrcqiictices will be feriou) indeedi Ibould you by your Verdi^l find nim guilty of the Crime of which he now (lands charged, and arduoui I muH declare my tafk to be, whca I conlidcr my own Want of Experience; 1 could therefore, wilh the Prifuner's Cuunfel poUelled of more Abilities than I can prefume to. Ncvcrtheleft I confefa, I feel a Degree of Confidence, when I rrfle£l that 1 am before an Eiigliih Tribun<«l, which ii at tit Times ready to extend itii Indulgence to thofc unfortunate Perfoni, who arc brought before it, accufed of capital Ciimes; and that the Court ha^ been^ and ftjll is, confidcred.infome Mea- fure, by the Laws of England, as Counfcl for the Prifoner. On thofe accounts, I do not doubt but that I (hall receive the Coun- tenance, and Afni|ance, of the Bench, as well as your Indulgence (Gentlemen, of the Jury) in my Endeavour to difcharge the D tydt- tagned me. And here! be^ leave, to exprcfsmy latisfa£lion to find, that the Prifoner's Fate is in the Hands of Men of your Rcfpe£labi- iity and Chara£ler, as it infures to him a juft Verditl, knowing and well perfuaded, as I am, that you are incapable of bemg governed by thofe . Prejudices . wiiich influence only weak. and unenlightened Minds, and that thofe falie Reports,, which have been citculatcd Asainft the Prifoner, tending to render odious the Chara£ler of k muk' already too unfortunate, will not with you have the fmallett iWeight* I. am well perfuaded alfo that, however Appearance! May be aflikinft the Prifoner, neverthelefs you will require pofitive ^ foner, you mud be oi Opinion, that this Charge (lands unfisp*- ported; 1 wiU therefore urge na more on this Head, but will now confider how far the Evidence goes' to fuppon the fecond Char- ge in the Indt£tment, namely, " that the PriCbner was adhering to, ** aiding and comforting the King's £nemies". Now to fupport this Charge it was neceflary on the Part of the Profecution to pi'ove, ihai tlie Prifoner had adlually given Aid and Information to- Corf •ta ovrlncoiiei : but b$ Uut. ao Pcoof ap{ie«kt ; indied tbittrilb^ an End^foiir hai hmh madit lO^iroM^ iok fyttniion, oniheAi^ of the Priioner io d& fbi faultlw'^w itequiKtmore; foiv tlM.,Il»> tenuoii diving Aid if .not fiifttient to (apport thif Oii^^ an niiift> the Prifon^f and Jo thia 'itdUfen : ircijr matei^ally < flromtht'. : iiift Chaise./ Th« -4nttfitiof muA^ bt^^acried^ kito £0)^: at/ leaft fa farjirit«egardt4hib. PfMao aipeofird^aadoiuhiii Aceoujat^ aHho' ;hf Infdmi^ioo lent liever wai aiSluaily received, «s in the rCafe ,of interc^tcfid Letters, the -Crime however ia tMiSUrt^ at cMp)tiiit 01^ .tttc naciof^himWho %rota4(^difeiibrtliifm);*blil/t|fii hitt not «vrn.l>e«a( |iMt«cd a^ainA: t!^ PtiftMici: : 4ndteil mK oth«t!} E^i^ence ha$.ihfiiAoSetedi4i>yo}M bait ofvibecttiti CoHvetC^tion^i ^hJtfh took Piace:at;diihx4)tt TiiAei, between, thit Bt^ff^oei; a^di , th« Witn^flea. The whule. of inhiichi ai^toaij^i'IMign df cni^t*^ throwing the GBiivcirnmBnt,ofv~t^«.Pi'OTi|ice».K>r otaii^ngiUiiO Kiag^r '£^emtesi appean < to . ae^ ttf be aJtOgetlnr >iinprobablej inde^ wei fiiMd^fitwn ^^ Pnrt : ofFncbetre'a.Ttfti^a^^ .thal&he cUMb ito ^liebec, Fitldiettt layt^ be putt iht ^ueffion tOi hiw, wAienvriie xnfoiier finiledt«ndtan(wef«id;tfaaf Itec intended, no > barm 40 the^'Country^ Tl^e PHTonct^ aa he. haii iiUformed yp«,i and wbidi ha&becn pi^ovcd.by feiRerai o£ tl)» Wftneffiif, irac A|i ISiraditors, -who threatened ; him with )kaprt(ona^ti; and r - alt leAgtbj to avoidfcab; aa^Afylum to tbi& Coaatryi His Greditprse^at {MiifBftd him 'fronki tae Slates brrejuofi. thta hetecciaedrinfofaia-. don, iinclion thilt Aflcoant»i£6uBd? it!neceflary.ita tj^e upon; himrj Mf the fm^ned Nanieo&JiCobjFelli '4i) fettletbimfeil in. /ome ikind )of : Bil^nef«i atnd» ptfiviov^tAhtmQ, ; it) wiJt^ttjr natttreliaad.neccifiary foribim toinaiake: romei<£ai|iiiriet 4at&die StateoE thci Province as,, w^ at. toi inform himielf lof tblt ,geaeral ''Difpdfiiioa^p.f itsilnbabitantit . And what were, tbefe'IdiTr ^i^et? 'Waa tbpre aot, a .Thae; wbaaie vary iCitiaen of r^aebec; tiaad^r the fanM» All. Ranks. aadiDefie^iptioaa Of People v here fiend<«i«^ aoBjred to. obtain Information> of 1 the .Dii^pofitipn and JSentimen^# of; die Caaadiana ia the, diiibnt Paiifl«e&. Thank God) Ithofe E>ttxi-' jici ioe ao lotjgetaecefiks^E^ Lhoir«i{cr/4 i''^^ Vcte hot tnofc Criminal in Mr. M'Lane than in aliy 6the^ Perron^ It tnuft be acknowled^d that the Condu6k of the Prirooer haa -been ih Tome Mrafura iiplnrud^nt, but it furely hai not been fucli as to juftify you, GemUemeti, in conviiSti^ htm of the^ Crime of which heh noW accufed; you mnft therefore acquit the Priibncr on tbtsChtijge aHo: and now I tmft and hope, that whatever tnay havelurned up favorable to the iPrifoner in the Courfe of this Trial, and may be pailed over unobferVed by hi& Coanfel, will foe fuppli^d by the Tuperior Dilcemmcnt of the Coutt, t therefore;, Gentfeinen, leay^; the Prifooer in your Hands, not doubting hut ithat vott will do him Jullice, and by, your Ve^di£l, at once acquit . the f :veral Duties which, you owe to the I^ws of the Couiltry^ the Prifonerand yourfelVea. . Ma. Fl^AJHCKUK* . . May it pleafe your Honors, and yo^ Oentlemeii of the J'.ry. I believe it is not neceflary for me, to make any Apdlog^ for appearing Ihere in Defence oi the unforttinate Man at the 34 r, at the Court has afligned me that Duty, which J ihall endeavour to perform to the heft of my Ability .—^--Gentlcmeai the JPrilbner ~nas given you a Narrative of Occurrences, previous to his, coming into this Province; he has unfolded to you his real Defigns, and» 'I think, his Cbndu6l muft now appear to you in a Light, very different fTom that, in which the Cpunfel ;Tor the . Prdfecuiioa» have' endeavoured to place- it. It is to be regretteid» that Proof ■cannon |)e offered to you, of many CircumftandeS} which the Pri- foner has mentioned, hecaufc they are only known tp PerCbn^s re- fideiUin another Coun^r/; bat, Gentlenen^ I trujd, it is fuffici* rntly •evident to you, that his Views were' entirely of a privi^ta Nature, and by no Means hoftile to.ihe Governnient of this Pro- vince. Every Man, engaged in mercantile Puriuits, is iiahle to Misfortune; this was the Pr Toner's. Lor; he was a Merc;hai?t in Rho^ Ifland, hut met with confiderable LoOes, which oblige^ him t6 quit that State and leek for a Country where he migbt ^ (belter- himfelf from hi# Creditors, who. were very prclfing, andi endeavouc to repair his broken rortunes. This Quaiter of the.' World ■eferoed to offer a Field for his Exertions;. new Roads ;and Canale were much wanted for the Advancement of Agr.cuUuce and Commerce, and he flattered himfelf witli the Proiped ol ex- erting his Talents uftfully in;this i^neof Bufiners. He was, how*. ever) fomewhat farmed by various Reports, which he had heard, ■ L of I'! I CM] whence ii tbii Solicitude ? wh^ la an ^ttcdipt made to accotint Cm VtfiM not chai'ged igatnft bim ? The Reafon ii obvious, Pbi- Udelphia ii the'R^fidence of the French Mini A^r; and the Coor nc^bn between tbe Vifits lo- that City and thejournies toC»,-* liada is too ftriking to efcape Notice: he (aw that unf»voratle Inferences might be drawn and hc^ba« endeavoured tpgiv«.thetn a Colour which tbey will' not uke^ He has a^fo atleinpted> to account fof'^his various Vifits to Canfada ; but tbl^ was not necltf* lary; he is not accufed for having vifited -Canada once or of'te> lier: his Intention to ovierthfow the Government of the Country, to which he came/ under the Appearance of aa inaocent 9trai^^ it tht Crime of which he ftands accufcd* Gentlemep, the Prifoner, unfortunately for Mmfclf^ has wiCbed to (peak in bis own Defence, and has admitted Points which his Counfel would not haVe allowed r he hlis ftrengthened the £vi-< ^encc /of the CroWn, by what he has advanced in JoiAification of his Cbtidu^ r for, as I faav^obfervrd, he has admitted nearly tbe! $ubftaoce of the Evidence again^ him. I fliall point this out in fome Particutars.<<-s to thofe of the , Prifoner in Perfon. I perfectly agree with them that the Cafe is moil important and requires the molt ferions Con. fideration Mm (tderatipn. I, at icaflfly; admit ihat tMr TaO. is moft arduJui ; they are called upon, by their profefliunal Diiity» to l^eafe a De- ftnceivtthotft Miterial^. In the Profucution of that, ,put^< they bavt firft ;endeavoureJ to prove that the Pfironeria ^ Fo^reifloer. If mny Aiivantage is to be .4crived froftvthis fiEt,^ th^y mijl.fef- ceive It fruiyi the Coan, not from You.; Whether thf Pnfgnet ftandt exdnerated byLamftom theiGuilt of .Treafon befVfuieheia to Alien; il cleflrlyta Point of l^.wf, jj^e is ai^ Alien, they iayya^ therefore GanldkHifr and Ub^ality ought to^ 4iAinguifli lihl^Tfriai : the Obfervation isjuft, they certainly ought; but thougli tl^y life th« Words Canddur and -^Liberaltty, they recotnmeiia to you Partiality; ;, but this ia a Recommendation ,to which tji^y ; jcpi^ld not expt^ your Attention.^ Incline aa favorably to the PrifQ|ier as his Cafe will alllow; but remember tb^ you cajnnot acquit a ^Foreigner on Evidence that would, convifl a ^aMve.r^lTl^iqy hay/e iaid , that ' there is no Pi'oof «of his :Irtt«ntion;jto lull the King; jp^jer- . fonally^ Lbeg to be, underftood, Ihave qever/advaiicajd ft^cb an ^b^; •fiirdity. i refer to what; I faid at th&bpening^of ihe'£v{d^ it is the . ftolitical, '■: not the, natural Death .of •fb?:S9yeriejgn .a^i^mch the Frifoner hat lained,, T'h^ ha^yo ilip^^faid th^t. tfi^t^, is''i[Uf Proof offhti baviing .atdod or alfifted th^ Jloi?^^es qt th& ItCin^;: the Cafe« of Francis rHwwy, de|a Mottu, |'l^«l^fe,Henfey^: "W^tlia^ . •<3regg^andiThQtnas V!»ughaii,w. ( fng the eftabUihed Sy tttlvi c^ our.r.GoyeipQmeRtr. with a yi^W ^p^b* jeft us tp the Powej and-DominiQa of the Fipench j^epuilic, ;But not!w»tbitatiding this, Ihey are fu%^g#,Wit|i^ires in^L^ . lathe Cife pf iliayeritp vJ^xA invth^ Cpurfe,of thift^ l^vil ijt haye often referred j Lyach(and.?ilfti^iM;ttjib«^hAc!Wnip^ijce3^.j^l5rf^%|rd - and Layer convicted. A VerdiCi may ,b^ given on ttie Oath of a fingle Witnefsy but the Oath of- an Accopiplice corrobprated hy. the Teftiniony of ooe unfufpefted Witnefs has been alw^s held v fcHicient. In this Cafe it remains with yon Qentlemen,/^o wix that Degree of Belief to the TeAimony of the Accomplices, which ip your Coorciences, you think ptop.^»; ^ li will, liowcyer remark that |he £yidenc«v f i, It H J Mr. Attormky CiNisALt^ < Gisnttemen of die Jury, Notwitbdanchng the Lfttenefs of the Hour, 1 nraft )ret le^iMfl vour Attention for a (hort Time, ft is my Duty to reply Co what his 'fallen from the Prifoner and hts Cnunte] iti his Defence, aiid to pffer to your Confideratton ^hat that Derience fi^ggefti to me. I am particularly bound not to neglect whatever tends to prove theOuihf of the Accikfed'. Gentlemen, in the prefeht inftanOi no Piin of the Evidence on the Part of the Croirn ftamiii C(inli;overtcd l)y the Prifoner; on the contrary^ he h»a aidmttted the diflferent Meetings with Barnard, Cufllin'^; fiutceffield, Friehette and Black and even the SubftanceoF the Converlations which paiTed between them. Some times be vin pofe that he heft it tw meet his Creditotis-and infmea-Prifont. As gaim adhnttingthe former to be the ObjeB,what oouMbave indu* cedhim, wlteh he made-the Enquiries which the different Witnef> fes have ftated, . to have taken them apart into Bye-w^iks ind prt* ▼ate Roopis? Would he have informed them xhsi he bad^a S;:cret. cf theutmoft' Tmportance to communicate P That he put his Life into their Hands?' Or would' he have cxaded Oaths of Secrecy'?" Is !» euftoinary to require an Oath of- Secrecy when a-Merchant aiks a Q^eftion upon Trade? ' Aft 'ommerciat- £^tiquine& fo dan-* gerous jthat, if known, the Live» of the Perfons venturing to make them are in Danger. No GentlMnen this ConduA. ipeaks toudfy^ it demonftrates that he waS' Confoibus- of thf- Guile in which he was involved and well knevr its Confequences. To proceed further, Is it a mercantile TranfaCiion to tell Bar- nard, Cuffiing, Chandonet, Btttterhekl, Friehette and Black. that; his Objefit'was to excite a Revolution in Canada: To plan the Introdudn>n of Arms and Ammunition clandefhnely; to folt* cit feveral to engage in a proje^tied Invafion and Rebellion. To^a^ lift others and to meditate and confult on the Means of delivering . thtsFvovinee into the jlanda^ of the French 'Repu))Uci to enter.it: '■■"i'^>^'- - . undcK' r 85 ]• tindier an aflTumed Ntfitie; to plan the Redudion of the ftrmigcil' Fortrefs in the Cvmntry by Treachery, are thcle the CharaCtcril* l>ick« of Goaimercial Concerns? Do thrfe Enquiries relemble the Enquiries of a Merchant ? He fays they were Qucftmns on the State of Trade, Q teftionit which a mart in Bufinefk would naturally alk who had a Dcfign of fcttiing m the Province : can we believe it when we refli;£l on their ^neral Import, or when we recoUe£t Qtief* tipns to tbia ^e^^re the People well.affe£ie^ to the-Gdvewiment: iwll they join wi^h me— ^iili th« French R^pnU! ic^-and wilt they rife in rebellion again.ft their la^nt Sovereign? Thefe aVe'his ge- neral QiicAions while he avQW« himfelf, at the fame time, to be in tfie^ryice;of France, our mortal Foe; that he ii on his Way from Canada l^,|he Mtnifter pf the French Repiiblic, at PhiUdc;lpliia, ta acquaitit him with'what he then )tnew, with the Rlsfult of his Refear- chcs; Gcntlenien thefeare prominent Features. of that lific^mfiftency which.martu the Defence.. Tu other. Particulars it isequaliy evident. The vidtof the Mountain^ of Montreal bears no Aihnity ^o Trade, it is examined b/ him not in a .commercial but in a>- military Pt^int of View,andin4his Viewhe ob(erves^upon it toCulhin^^ Tiiepro- pol'al to diitribateLaudanum.among^tbfKints's Troops, the ia«r. tended uf^ Story, to explain it: it is extraordinary, that he dpes- not eve n^ recoiled the Name of the Clerk by whom, he fays, it.wa« Sgne<^i while the Witnefs Culhing pointedly Iwcars tliac ^t vrasi finned,. **Ai)kt". Bill he is npt fingular in this I^ift^pce ; t.ie waoie of his Defencfe is contradidled by the Evidence for th ile . attempts to account for freqjii^nt VilitjS to lf%iiadeipiiia : fvu.n. whence. of DiroontefirAnd Une«fitief* tmoag tBeCA^adltai j it was tbou^bi in the American States that (hia Country would ihoftljr be invol- ved in pulitical Trouble*, which he^ Vety nattitatly, appreheiided, might defeat his Plan and render his Situation verv precaribUi. It became therefore i 'Matter of Importance (o oDfoiti c6rre£t and certain . Ittforination on tbit Hiad, and this will aiccoupt for the Mittutenefi of hit Queftiont rerpteQinff tfhe'Stat^ of (he Province and the Oifpofition of fhe Inhabitanti lowarda'the GWerhmeDji; Bja^ifucb'betnffhia Motive, there wai lidOing cri;teiiiiit In hii £h- J^uiriiei^ nor can 'he now be charged wiebacqairing Iniielligence, ,with Intent to corothunicate it to the King's Enemiear. It has been obferved bv mv learned FriMd, who is concerned with m6 in this Defence, that Suipicion or doubtful Proofs are not fufficlena to. .(Convi£^ in Cafes of High Treafon. I heartily concur with> Him, and in his Opinion* that neitbeir the firft nor the feeond Count of the Itidi^inent have been fufficiently fubftantiatedj ^ In fupport of the iSirft Count, it apj^ars to me neceffiiry, to addiice Evidence [bffome dire£t Plan or Intention to take away the King's Life, as ^in the Cafe of Crohagan, who formi^d, Itith a PeQgn at Lilbon in. a fcM-eign Country; for, the Pirefent is a cbnllu6tive Compafling,. jsnd it muu flrike you ' as monftrpus tp fuppofe, that >h6 Subvet- r^ion of the Government Of thia Province would endang«' uj &entleinen|J ( •» ) Gentlemiii) Barrtrd htt not toldyon, d»C tH« Priroifer oncft mentioned the French Republic, or ihe French Minifter at Phi. ladelphia, ind I cannot help remarking a feeming Irtconfillcncv in the Evidence of ibiit Witnefi, who, thouj^b be told the I>h- foner at their fecond Meeting, that be had given Inforjfi^atidA to Mr. M'Cord, a Magiftrate, of their Brtt Converfation it Laprai- rie, was )ct entruftcdwitbmoreofbia Secrets. One woulclTub- bpie that this Piece of Intelligence would ». We alarmed the'Pri* loner and made him diftruft the Witnefs, but accordiing to tAe latcvr^i account, it did not in the leaft. Bu^erfield'l tVftimon^r is much relied on, but his Manner of giving his Evidence, tht Indiffcifence and Unconcern, he Ibewed in a Cafe, which af« feds the Life of a Fellow Creature, could i)Ot fkil to ilr(ke ybn, and to fliock the Senfibility of every feeling Perfon wbio beiird him; he is emttled to little Attention from you, and_ypci cin |ive (till lefs Credit to fo prevaricating a W^nefs as Frichette, in my humble Opinion, you Ought to difcegjard bis Evidence cn« tircly, as that of a Perfon wholly unworthy cif Belief. Gen- tlemen, as the Crime of High Treafon is of a heinous Kind,' lo is tbc PuniQiment annexed to the CommiiTion of it'^feVcre indeed/ It behoves you then to conftrue every thing moft favorably for the Prifoner, and not to condemn him, but upon the fulleft and mpft fatisfa£lory Proofs. He is a Subje£lc of a Neighbouring Country,, and a fair Opportunity now o0ers, to exhibit to them, nn Inftance of the Liberality and Impartiality of oUr Juries. The Fnfoner with Gratitude acknowledges the Indulgence fhewn by the Court and is very fcnlible of the Candour, with which ikt Profecution againft him has been conduced. Gentletnen, it does not occur to me, that any further obfervations are nCceflTary,! will only remind yois bowfcrupuloufly Juries in England faave in modem Times wheigbed the Proof in Trials of the prefent nature partioriarly in the late State Profecutions. 1 entnift the Prifooer's Fate to you with Confidence ; Gtntlemen ofyour eminetit In* tegrity and Otfcernment will doubtlr^s confider his Cafe without Bias or Prejudice, aud I feet aflured that, by acquitting him* you will fatisfy your Confciencci and dtfcbar^e your Duty to the Country* , Mr. Evidence of Butterfield and Fiichette, is by no meant weak} iKet do not ftand alone, they are Aipported by the iiniied Teftimo* nica of Barnard, Cufhitig, Chandonet and Black: as to Frichette particularly, permit me to obferve that you muft have fecn ivitl^ %tfhat Relu£lance he depofed againft the Prifoner ; thii u furely the iirongcH Proof that he ought to be believed in all he hat iWorn tgainft him.—- Gentlemen, I heard with tegret the'Condud oi the forors in the Cafes of Thomai Hardy and others lately decided in London, held up as Examples for your Imitation. I yt'iM not venture my own Opinion Hpon tbe Condufl of thofe Juries, but will appeal to fhe Opinion of the juftly celebrated Mr. Burke, who, in « late Puttlication, has obferved, ^tth an £ye to thel'c Trials, ** that public Profecutions are become but little better than SchooU for Treafon, of nolJCe but to improve the Dexterity of Criminals in the Myftery of Evafion, or toibew with what Im* punily "Men may confpire againlt the Government and Conftitu- lion of their Country." Gentlemen, I mud yet detain f ou a moment: remark that the Evidence on the Part of the Crown 4s compleat. The original ^reafonable DeOgn of .the Prifoner againll the King's Government is ef^abliftiedby the united TeiUmony of Barnard, Cufhing, Chan- donet, Butterfield jand Frichette, five WitneiTes whofe Depolitionia coincide in.evtry Particular.; his Return into.the Province and Jour* •ney to Quebec, .for the Purpolie-of putting that Deiign in Execution, is proved by Buttcrfield, Frichette and Black. On a CfAe ip .clearly proved by pofitive Tcftimony, not controverted by uny Evidence on the Part of the Prifoner, I an;i confident, jov cannuc /entertain a Poubt. THJE HONORABLE CHIEF JUSTICE. ' Gentlemen of the Jury, The Prifoner at the Bar, David M'Lane, (lands {nd^fled of the Crime of High Treafon. The Indi£^ment contains two Count.4 or Charges : the firft, for compalling the King's Death, \he fecoiid for adhering to the King's Enemies ; and in Order to mM^e good thefe Charges, fourteen feveral overt A^s or Evidences of Trcafoii are imputed to him, the Subftance of which is: 1. That He confpired with divers Perfons unknown to folicit die Enemies of the King to invade the Province. % s. That He did folicit the King's Enemies to invade the Pro* vince. 3. That weak } tW d Teftimo* to Frichctte e fecn witl^ ki« is furely tH he hti the 'Condud nhert lately mitation. I ihofe Jurtet, [Mr. Burke, Lye to thelc le better than Dexterity df ithwhat Im* ind Conftitu- mark that the The original Government ifhing, Chan- e Depolitiorii nee and Jour* lin Execution* 1 a CMe (o ertadSy uny , joy cannot 1 fi. .,1), , V. 1 iS d|£l€d of the s Vmto Counts i,\he fecoiid o mMce good €8 of Trcafoii to folicit tiie idc the Pro- 3- That t •• I 9vc^ of Lower.Canada ; and to aid and »0kii the £iieuiy in an hoftiK liivaiion of the iame Province. $. That He ruUeiieti and incited dvera Perlons. not being Sub4 jc6«. loi«vy War again^l the^K^iig >n hia Province* anl to aid and aliiil the Enemy ia an boible lovaiion of th« Pro* vince. 7. That fte rfiade feady atldwiifcd feveral Men\inknd#n, to levy . War Mgainlt t'Ve Ki% within the Province; and to ai&il thtf Enemy in in hoftilelrtVafiOii: 8. That He confpired with divert Perfoni otiknOwnv td ^oiivey into the I^rovince Arms and Ammunition, with f nteht there<< with to wage War aj^ainft the JKiiig ; anfd td afliit the Enctnf in in hofttie Invaiion. 9. That He col)e£lcd Iilformatjon whether the King'a Subje6l«.^ere or were not well afiFecled, and whether they wou^d or would not join the Enemy in an hoftilelnvafion of the PtovinlCe, wiiii Iiiitcnt to communicate: it to the. jEiitimy. io. That lU ac«^\iired Knov^led'ge of tli^ Strengtii bF the King'4 City calUd Montreal, and hoitr it rnight be attacked and' taken by the Eueui)^, with Intent td fciiiuih ji^icate it to the Eiieii.y.- . ';■,;..■ '' '"' ''^^ 11. That, bdng pofteffed of the Informa^i6n and Knowlrdgeffet forth in the two laft mtntiohed oVe t Acts, he dopiried fuJni' the Parifll oi Q'lc^bec toivards foreign Parts, with Intent tn, both to th^ of Determinar nd that we are of the Statute n do adhere to in the Realm the Text; but! aufe go a con- order to com- ' be actually gi- Enemy fliould Kplain'to you- ic Aid and Af- fiftance i^Aa'i(« was • infen^cj anj that yoo fhou!<^ tncTit tb.'"Oll'tfre %Ak jrt\ of lihere is no Doubt, but the Obfervation, generally fpe^ktttg, isjufi; — for, an Attempt to commit Larceny, Robbery or Mur« )!er doen not eonnitiite the Capital Crime : yet there it a t^pitaf Crime whioh is nor unfft><)ucntly brought before a Cotirt of juiticei and of Courfe the Nature of it mull have beea often explained in your hearing Gentlemen, which oflfert the (Irongrlt Analogy td liigt^Treafon, and may therefore give you a belter Infight intn it, which is the Crime of Burglary. BuigUry is drfmcd. to b« the Breaking and Enterini^ into a Dwelling Houfe by Night, with an Ititent to commit a Felony; it is not ncc.Hary that any thinj^ ihoUld be carried ^way, nut even of the Value oH this Pen ; but the Intent is left for the ('inding of the Jury ^rom the Nature of the overt A^s proved: if Evi'lt-m'e be given of i he Breaking and Entering, thefe are overt A6ls fufHcient to call iipon the Jury tu deterniine with what Intent this was dune; and if they believe it was with a felonious Intent, the Crime is complete, though, aa I Paid before, no Troperty is carried a^^ay. So in the Cafe of Treafon, if a traiterous iniciition is difclofed by Words or Writings and rhey arc followed up by any A6i$ tending tu execute fuch Delign, although ' it bt: not Complete, it is I'ufficicnt tu ground a Charge of Trcafon) and it is left to the Oaths and Confcieiice of a Jury to fay with what view fuch a llep was taken, although the Par- ty IS (bopped Ihort before the final Purpofc was carried into Ef« fed ; for, Common Senfe tells us, we ought not tu wait till the Mii'chtef u completed. Gentlemen, I am well ..()priz*d that it is not cuftomary for the Bench to cite Authorities for the Opinions they d.-liver to the Jury. It being the Duty of the Bench to explain the Law, due Credit isexpettcd for the Opinions they difclole, and I am happy to fay that mine, fitice ! have had the Honour of a Seat, have hither- to always met with a favourable Acceptance; yet, as in a Trial of fuch Expectation and Importance it cannot but be iati^ifaflory to know what has been held on like Occafions, I (hall not think it unliecoming to (hiew, by Cafes lefolved, that the Do6lrine I ad- vance has long fince been declared, a£led upon and conBrmed by the moft refpctUble Cliara6lcrs that have adorned the EngliOiLawo ' Soon IMAGE EVALUATION TEST TARGET (MT-3) // ^ O V ^A :/. ^ % 1.0 Hf 1^ i^ ^^ w Ui2 12.2 1.1 i.-^KS U 1 '-2^ II '-^ 1^ ^ 6" ► «^ ^ /: 5 7 Photographic Sciences Corporation v <^ •ss^ :\ \ o^ 23 WEST MAIN STRIET WEBSTER, N.Y. 14580 (716) 872-4503 A«mfs for Francio», with 4 writtfn Plan, in order to induce Louis XXVv to invade England^ pointing out the Number of Men requfite and the Time and Fiaca fitted Mr ibt) Attack, they were taken a liu)e below CravetJBnd} ai)d iboogb,ihe Dcfign wat not carried into ESt^, it wai laid <)bwn bf i^d HoJt «iid Ciiief juftice PoHeyfrai^ as clear l^w, vilhaut.QnfAif9{D, *^tf any Perfona- do go into France, to negoxiiatO' flichaOtfign as ;tbiiiy or,dQ puipole to go intofrancet and do fny!A€l jn order thereto, that isHig^i Tieafon." tpfd: Prcflon tras lold fi ^hei^er it .was" Thefe Parties were convi^led ralthough ibey were litavingtbe Kingdom) of compafflng the Kings Dea^b, as y.eli asr ^adhfningtobis Enemies. The iaj^e La>y was laid down in the/ C:»^ of Vanghan, who went cruifing under a French CpmraiifionK ^4 t^ugb he had taken nothing, he wa» convi3ed and exeeutt iNvf iln Qdcen Anne's Time it was dtTcove red, that one Gr^gg* Ik Clefk. in the Secretary of Sute's 0$ce, gave Infarraation to €&t millard, theFtench Miniftelr, of fome E^^pedition that was intended againft Louis the XIV. hi» Letters were intercepted, and on thefe overt A^ he was iadt£l;e(i of coinpaifing the QueenVPeatl^^ and: of adhering to hec Enemies: be pleaded guilty to the Charge andf^ was executed*. The(inv»df ■'^ thf RMlmib fitchftQ oven Ath *nd i*a wMCani^l Pool's Cafe^ *^ and pneofthere Letters ii fuch a Solicitation of ifonigQ Priiic« ff to invade the ReftlniJ' ' ^ , r .. *' Letters of Advice ^nd Correrpoodcdco and IntelKMi^ce tothf V £n(einy, to enable them toan^o^ftfwr ordeCettd'themte^l^, ^m^ ** l^n bpdi'eiuin order to be delivered to thtt^o^my^ are, liiough -« intercepted, overt AQs of both tbefe Species qf Ti'dsfon that '* have been mentioned i And this ifnj 4t^ermmt(i bx'%)l the Jlid^' *' get of England in Gregg's Cafe, where the lndi£^ntient. Which 1. have fieen, is much lilqe the prefent Indi^ment. The oitfy Doubt,''' therev.ai«ie from the Letters of IntetliKnce being intercepted^ i^nd never delivered ; hut>the|>.held^ tfaar that Citcumftdoce dii not alter the Cafe." < > . Gentlcnien, perhaps. yon may think li) have-lalcen toowid^ ai. Eield, but I am defiious thftt you Qiml4 know the Opinion of rhq twelve judges of England, on a.Gafe that mig|kt appear to bq attetded with favourabJ|e Ctrcttmllancef*. It iBceftainly going tiroch^ &rther than is- neceSary on tfae p?eQ(nt Oecafipn. I will th6re« fore endeavour to make a^nends by fixing your Attention to tho Point of Liw which qugbt to govern thepre/cnt Cafe and vhich»» I' thinks may be compHzed in one Sentence, which is th!s,-^«Bveryr* Attempt to fufaje^ this Province,, or any Part thereof, ' to-ihe King's Enemiesy is* High Treafon, and every Step taken inPnrthen*- rance of Adch Attempt i^k an overt ACt of High Treafon. Hert,^ Gentlemen, is a plain Text to aflift you in pronouncing your Veri di*d;. The LflVf on, the Subj^Q is clear and intelligible, and it reft%' with you to determine,. whether, oe- no the overt A£b charged in the Indi£tment^ or any one of them» was done in Fiinheranc^ of ^ the Treafon imputed to the Prifoner. It ismy Dotjr, 6entleraeo» further, to obferve to youj that»..by a Statute pafled in the Reign of King William, it is enabled, that no Perfon.{hail be attainted (^> High Treafon but .upon the. Teftimoiiy of two lawful ^yitneffes: to, the^ fs^me> oyerl Aft;- ojMine of them to-ooe aiid the other o£. theti^ to. another overt^^ of the fame Treafon. Thefe, Gentle- ■ ' men, are^bo-tnoflr material Pointa of ; ^h^Xaw upon thcCafe whidi it, is my Outy.to mention to You.. There is likewife another Cir- cumftance neceflary to be obferved in this particular Cai'e, whlch^^i ii'the Allegation contained in thelndi^ment, that open Wariiiyet, carrying on between our Sovereign Lord the King and the Perfoits^' exercifing the Powers of Government in France. No formal Evi^." ieocc fa£i bcea offered to pfQye.thitFajdiibecaufe PubUs^tDK,^ if I 9i 5 • tUt^ha) a^iray^lA-rnhcId as fufficient Evidence in ftieh Cafev ;lh!l It ivill not'occirpy tntich of your Tiiiic, Gentlemen, to detcrnliad whether tiie Pa€l exifti. Having laid down thefe Principles,, it becomes your Duty, Gen* tfemen,. to ^ppl^ t|iem ^otIie.Fa£is gl^^cn in Evidence, in Proof •ftbe overt A^i tWftedin tHe Indi^nient. To afllll your Re* Collection t.Wni r^dipttulate the Evidence as I havet^iken it down* ^i^ltogfoch ObfCrVfttioits ai ntay occur to me intheCourreofit} Ibatin fo doirtg I "bcgJiitiay be recoMe6led, that you are foy no Means bound to adopt tbem ; if you think them |>er!}nenr and ap- plicable iWoVr them Weight; if othertvife you ftrill pafs rhem over, In Matters' of L^w you are bound by the Judgment of the Court, tefpedin^ Matter of Faft; Yooatfe to judge of the Credit du^ to the Witneffea that have been brotf^bt forward; You are to im |iute tbe overt A£ts given in £«rtdfence, to fuch Motives as you think they may be faii'ly af^ribed^to; for,i'is You who are to make Ihe true Deliverance. ' The/ firll WiinersBallei chthe Part of t1:e Profirtution, is WiU Jiara Barhitrd, iN^ho fays—" I/knovir the Prifonerat the Bar;, the •* firft Time Ifaw hirawWin Juljr, 1796. in the Slate of Vt-r- •* mont, near the Province Liile: it was almoft dark, the Prifoner '* to.'difne be wifljed to have fome Converfation with me: I llept oil ** one fide with him : He faid he wifhed to be out of Sight ; we ** walked upbti the Shore of the Lake : he fiid he had fomething' ** of great Importalice which he wifhed to communicate, in the do- **.ing of which he put his Life in my Hands". Gemlernen, you ♦rill lind in the Progrefs of the Evidence that the "Prironer made thisferious lindof Addiefl tofcveralof the Witneffes, which is a ftrOn^ Prpof tiiat he WaS well aware -of the Criniinality of the Biifinefs he c^mie about. The Wiinefs goes oh—". I deiired him ** then not to doit : he faid I might think it lingtilar that a Stran* •« ger Ihould addieft himfelf in that Way, but that I was not a ** Stranger to him i. He fncntioned fomC CirtumUanccs which (he w^ ** cd he hadtaketl fome Pains tofirtd me out: that I had been recom- •* mended to him as a Pcrfon Whotn he could truft with a Secret t •• He defired me; not to divulge iti which I promifed ; He then-faid *' his'Sufinefs there was, to bring about a Revoiuiaon in Canada j ** that he wanted fome PerfOn to tuke the Lead; that if I Would un* •« dcrtake it, he would make iwy Fortune: this was^n the s[6:h. of •* July. I afked him who recbmmendtd him to me> he would not " tell whp it was : I told Wm it was a plot of fome Enemy to ruin •^me; I was not his Man and turned ffiort abcmt ; he ns^uefted *^ md liOC to fity dny Thing about it ; that be' Ihouid be in Mont- " real f ^ r « teal in » few Dayi. when perhapi I (hould ^liiok better of it; ^ About four oVQve Days after I faprbim *t Moatrc^l « bcalkcd. V me if I had thought of what he had mentioned tai^ettjthc Unei: *' I told hiin noitnu^b: He faid, when I came toknqiwwha be' '* wai, )^e hoped I fhould think differently, but if I would co^ag^'. V i^t to ^kc an adive Part 1 (kould be proteQcd. This yft* ttif V SJn^fUnce of which I informed Mr. M*Cord,,,a>{agt(ira^e. I v^at ^* at,|^ Prairie in November lait, about \he 7th. i^ is (about three '' Leagues from Montreal: I then met the Prifoner ;. X kid prc« '* viouPy Ccen. hjm a few Days, but bad t^o Qonverff tio^ ^li hirn:-. " he then tokl me 1 muft tbiok d^flPerently of that Matter than. " wbat I had done in Summer, i. toikl him there bad, been fome •f Di(lurbai)ces like what he had beentaiking.about;: He faid thofe. <' Difturbance^ were againft. thpr Caufe :. be laid tbiir eky^A Yearti Hr fiy^^**!* I fgw t^TrHbttrr «t m^ HfiWr« ^ cm Um 51 h> No^fliikr J«ft, at Afontrte^ ^^ ^amc Iwfofr BffallA ^ I wi»w(t1i/twh^%ee»mit hetooilui Breakfkt; urchtdtM ini <*< mOHIet bMi«an Ihfet «hdthit betaidhefliouldwl&tobave ^'foil(4'^f^«(t CMi^nltNi tfitth'tnei' t reti tdinio a private ^ ilodib>#(ib:'liitit.' Jle'iiiftitmM mo lie bad a 8-cret whidt he «*'i^iii«d-«-CotirerTfaaeet *• that be Iboald not rMum to Montreal till Spitpgc lo tafceMio ** Cominand in that Quaner!'*-4ilow Geotlenen» fliooldyoubo- Ueve the TeiUnion||r of.thia Witneft, and 1 don't find ai^^Attewpe Made to iopeacb his Credit^ here is abnndant Evidence io.piove the, third overt Ad charged againft the Prifoner, that booon^* fedwith the KingV Enemies to invade thia Province; andtUsEvf* denoe is confinned by the next Witoefa,, who (Wears to a Coo^ ▼erfation with the Prifoner, in which the Prifoner acquainted him that be was employed by tbe French MinifterJfor the fame Pnr- pofe ; ^o/that^here are two WitneflSes to one and the fame, namely the third overt ACl. The WitneCt^ GcntlemcQ, goes on to fay,--!tbe Pri. ** foner told me the Attack was to bemade at Qiiebec and Montreal " at one and tl>e fame Time; that the firft Obje6i would be to fecure *' the Money and Valuable Property to ddtray the Expenccs of *^ the War; and next to Secure all the Priefls and leading Characters ** in the Provhaee ; effej^ually to fecure was tlie Word: he laid ** that Ihofe who were favourable to the Cdufe (hould be protec« ** ted in Perfaniiad Property; and as for thofe who were advetfe, it would Lire hard 'with them ; that he fhould be with a' Num. her of Perfons under him at Quebec, to be go,t in in Rafts or whatever Way be couldt for the Purpofc of breeding a Mutiny and Spiking the Cannon at the Time the Attack {houjdbe mai^e; he did not eXpe& to need the Canadians till the Blow was ftruck: that he himfelf was to command at Montreal ;. that Arms aud Ammuniuoa^eit to be fumiihed through the StateS|by theFrench N «'Mimner <( «* «• *t ber of Mcoin ik« SuilM «»ho M cfHt*i^ ^ ^"^fli atNirai. H ber oCMeil each»irliicli wem to cAiiBMi m- ind afliil 4ii tilt 'At* i H mck'r-l b», GtmltniCflf gOM lo cBablilh «h94tb. overr Afik^ i'^' H« aJBTtttcd mt tlut. I mifhl look sjpoitiiyt 'aaiciMiiqucfed Qiihi- , ^ trv ; 'for, « th« FhJ^b wor^ cktcnmned Mf luVe it b^ GflHqtfcflhor i fM ifMy. /He iiifbad.tQ^togi||ii tet io tiki ui AAivt ParTui'tfke .>«^ Jl4ifiu«rt» ib4i 1 iboi4£videKie toBu^ic6kft to join in tb« {Mojcdcd R^bellionft^' and fidiy elUbliiirifi :^ tht J'loof ot ibot ov«rt Ad hkfewiCi by (we WifMOci.-^*' Hk Aid .i«$.:if (1 woiddigivo every InformafiiMi rcf^Cling the COuntry*^ I : L^> itonldf bemol^Avd in ?erioQ and Property ; I lold hiiQ I Wodld -. r^'.m^ nO'Waftuii^fyMr baveajnytbiiM td do wicb it: He. laid, ^u V ^ ciui certpinly dot >tMi, lo 4^iet tbe^ Mind« of I tbeCanadiaiM 'till o^rSwteg^ilor^ eU^tUaDiftiiji^ of Cb«il6ad/Aa ixkHiuMn- •^^fiiu.tO tUlCanlib^ Ile.tbefliiaid'bfr bad gone aa far aa be codld^ J if 40ff lislafii I woiild Avmule to lake^an A£UVe Fart i tbn if I .: H mrottld dodp be badotber Matter* t^ reVeal » but if evdr 1 revealed Hi^ irbttbe bad bid, '10/ Lile would- be> tekcii intmediaieiy—tie ' i< laid I migbt ebef any Miodi and if any one ibbuld come end « **' kdl me bl: cane (o talk on Faduly ; Matters, I might dcpeod'on •« noibdntdeoeivcd^" 6a bein^CrbdcxaibiBcdbe Tayt^^be came down li^ftiFall'to ; gUve Morinalion of a Flof againii Goverinn^nt; but tbatbe ne« I ter mcbtioncd M'Lane'a Name} duit the Priioner is generally- * reputed to be ao American Subjcft. ' . ' Gentldnen, kUt £^idil6ce of tbii Wtiftd and the laft ia very *^^'&iiUiii*U: tbrfr confiimeatbotber in the general Accuiint of Mie ;)^r6]e£i ind; ai'iBfinutf^ly leiiitinlacd; tnighft be found tbjptp^t. vpa* ^'\tym ibiikVtti Adr cbirged. I lia^e pointed^ oiit one . or two o(\ ' tbe^;on wbicb:ibeie:i2ib bi;UtdeI)^^ believe t^eirj ■ TelUjonOny^ ,', Tbe, ne^ ^liefs, Gentlenien, is Francis Chandonnet/ a Sub- * ^d ■ oC the United Slates j He laya..^^ The bift: Tine I faw theJ ^^' «•' PrjGbiiicr was ia^ Sunmer^;^ Ip^ ike beginning of tbe Winter, I ^ i* I faw b^ *g*j^s he caD^^ to^.a '^lace about tbrec • quarters of a] •L League above the tibe, :in{th<;t^tedStai(ea : he ntt neo»Uiej •• fmi of theXftke. He alkeilme¥ mV Kame was CbandonBct u I* htiMaiAiiinii. •mifli atNirai- b* pyffAQ' » HifllcfCll CSmIii* bvtParfi»4M KvideiKjetallie ttHcftBanuirdt oi ftbtt Kind's ii(iy cOabiiiiret rei.-^*' Hk aid the Cduntry^ I; old kilo i'Wonlldf cCanadiiDt 'till k,d i>r twpof! fott believe ^eir mdonnet, aSub*. Ik- Time 1 fay the g of the Winter, irec • quarter! of a be tntt trie OAtbe was CiiandoDaet 1. 1 •«i ^id L J t inVerH yes: he aftSd jiie tolale aWaljL with him, at *b« te«4biiteiMtr2vnt<* Neiold.atl)i,T Hvtt iipina Bttfi^eA.Qr. ilie tktmOL Im^ortiiitt, and.%i bf wai * •^refiMnmenddl to m| aa a pt9^, PMfb« to Cal^ a>aft if & H by tM. F^^ coW WCanadai^^Teel thi^ ijinils oi^i&*Z[ *\plHtoJe^hkyf,i^^y^^4M0^td to the w(M (S^ofnmdh, 1iWJMelta^(lire(sh#hadalrea$iy bi^gum mlu^^dV^ •1 mf, pX ,lip tif^Pi eouft bf w^J w TiaJi^ 1^^^ H iot^Cotl|ktryf*.-~Tbis Evidence, if t>^lief«d,jlibVifttM v^K QVerr, A^eharg^inilielodi^iiient^ th$t llit Fttf»Baro6ll^B4. I^lliaetiqrtxi^ilgibf DiSilMim oTil^ Ifi|^Wii|«*l. U>^ vairdi bs^ QpyfTO^^o^ w|th Intent t^ cooMno^i^til it to di^iEnen W» Woviile4,aItfs*|t. tiif t y«m» GemJeniMi, miV^ ik was wi^ foeli iM^t, ^^h^lyi^ifil gqcs ofi» tha>y Che Priiiifier ^id h«hadl^e4 f V'^§f( goiottp livfi 019 the fi^f^rSt. Laimiee near $i.gegiif ^t ** thffrwof|ld1>f a very fuitaM^ Plaic^ fS^ (hell a Fdrr90t if l woold ** joi^ bini to cany oo hi* FliM^i ifluc^ w$t toitcieie li XMiantti^ «i| f Arny and AiprnMnftioo ip ftafjts, iq the Spfuif^f the Tear, hotfi *? h^ Lake Chanpplain and the River Si. Lawrmee^ t)iat a' Ditan- ** tityof Arini ao^ AmMoitiPf night be coniM^ io Iltfts ii| ** ChftMugjuy Riyer; that thole wpul^he she (afeft as fiippdfed «,♦ to come frop?» Upp^ Ciai|a4a^VTfaii> you w^l j^hfeiye .Qentle? a^eo, goes tQ. the eifi|h overt A4 chtrgjed. Tfajp Witaefi ((rdce'e^i that*^" the Priloi^ isid he had a ^ProtheT comiQ^ |o the Line^ ^ with a lar^i; Quaoa^ of t>fy QpCK^ i ^ thefis Goods V^ .f of V (^lejEMng a &ore ^ Proyifioosajaijiii^ the In|^rie)^on^ wii 4| *< wovld furnilb him with a goo4 £^Guff to go l>ac^;iyard9 •^ aiid forwards, w,it|iqiit bd^g itiQj^dv I^^' W^'^. ^ t» ** tsie a Part, whi^h I wool4 not : he |heo tohljtt^ if 1 was f» todivalg? any Thing of the t»#M^.feltS^^ •* hung. ■ '^ ■ ": ' ■ ■;;■■'■ - ■ •" ' ", On hisCrofs Examination thaWitnefs fsyt^ he is a Ca^ian by Birth, thathe lelt Canada frith the Americaii Army in tlie Year 1776, being promifed aGommiifionwhichbehad, anf^ was aftes^ wards naturaiifed. Tliat he was taken up upoo Suf|^ci9n and if fit out , of, the PwviiiiMaijMi Alien; hi|t $hat| conlcious of,his , wi"; Xnnoqi^nee .0 v » • • • ' , • • • • • • • '• • 4 • t » 4 - - a ■ 9 • " M/lbil bi wu real/ lo tiliHitTrUl n^ tmy Oiarttt thai c^^K^* X t^nilkm^, 1^ mxf W)tfli6 t&ai ia ^M ii Tbomai Bvttt ritll W U .i.S9ljf& ctilmVmi 3iaU|u anS Hrtt, IP VcriitoM. 1$ ..IW tii^ y!pr<^^f ijJJwfinWi; M, m^ (kju fi?*-** ** f H^' •• ^(Vfi4; uBia >0 t«ka a W^Ik|«n4 mI^ iP^MM* Mmnr to ij- ••4^ n^ of, pfov|dedJ irvNiHA^ miMw>an1el».U vjvtd Bt e* kfK order lo (bnp4tnmilin£ of tte Cfo»4i**>** i^^ jo'^rlr ^•V tib^f wait willing to .riia fin4 take dte Pnmi^ 'ti(h Hands: that he ha^ bcfn.in btl^ara, in tbf CpuHf oft tt« - ** SunuBcr, awl h^dbp^ oat to Pniladelplita on tha TamcBufi* * hiU : > tpld^ ma he waa Wloytrjd by- ^ m^ch^ Mini Her ^ AiletaHd'cKatyiraitfcartr^ariiing tbhim l^ioia ^bilid^l^hiaj >* thkt bcbaWbc^ i<^t(;rMtMfr«al} that the Mfaida df ^feople "^^ i^artf iji^dxlahd drilling tb ftt^d a Hand t6 furprif^iHt^tSoifciilifyf '*'' provlofd^they had .ft^ ofie to feadthem: he told me he waa '** 0lenj(6in4 to Phil adelphi$' to Adet with ihatr Iifformatioor^ Hci«/CJcaitimen;ttthe Wtk Conroftonttion of %rHM the othier lyineflres bave^ (Vorn ferpe^ihg the iiihth overt AQ.— ^* I tSktd ^<* hlim if hehad'iny one he tould depl^d oA, he anflrcred phe . **< ^lack 6r Bfake, anid tnentioned^a Nurtibef-of'othert that he ** had.ftenr he mentioned one Baraard, whom Nid>not knov^: ** that he"^ going .to make fafi Retorna of wihat^he had doiiein < **' th^ Country^ to Adet at Philadelphia: - 1 nnderftood him that **.he had a^ Letter from one Black or Blake to Adet, but I did ** not lee iu We had fomeConveriation about taking Quebec; *'t1ie Priforierftemed to think, if that could begot it wotilddo; ** • in4 )>M>]|^d^'bringing in a N f^ber of- People upon Raftt : *^ He tdlame.beihould goon hia Joumevand expe6ted to be : ** bacK. ag^ia aboiA April or May. (fi'ndertook io engage with '**'^iiiJB inrthe taking of the-Cbudiry. About the aoth. April he ' ** leturneid to Swantun and clme to a Tavern clufc to my. Houfe. ''He gave meawinkfio (Up afida, aflced me if 1 had been in ** Canada; during the. Winter ; % faidnot ; ho aflced whether I had " heard^hii N^une mentMnad at to. any difcoveiy} I told him '^ar' - m^^Wniftnn tht Tloit you ood^Hioltr''— IMi* 4fciitlaMiu if .CtMcnci.oiiilM fevtnrli tivcn All,'whidi daim eli« Frffoner ' ifiih ftdtSlkig ffiiml PMbm— ^1 Hi i^t^ "oie IhM bt mi4 FH- • •« chette #cfe to ||f_ Il0.|loiaM ili^PlA^rWiirHat PWi ha cooM om fty^ tUI hm •'; M (?M ihePlacti be iol4 me be had kft^allbu Papers witblua ' •'. |;rOl|l^r at Ml^. Seorillli that Slovilt bad flR>vad4o.Siraoio» • . 'i^ioaltJ^i H^ ,\VO|i %Cro^ Ixaii^tion be fayt-^* ftitll'fair tie PHfooir* *^ j^bottijatl April vn a Year. 1 dua't Inow whAhn ^e it aiub* •* M «l ibe Voited S(ate», be told me fb; he bid itoc be irae ** boi^ in 9^Qi|. I wai laktii up in. May laft for aiding aod^- *r fii^og ibit M'Laiie« and wai leal down iir Cuflodr." Ao ^ ObjefUoD was innd^, Gentlemen, to this WiineTs'i Teftiiaoiw, oo - tb& Ground, of hij> bein^an Accomplice t if this DodriQe#creTo b^ ^ MOari^, it.would be a very difficult Matter ever t9 obtain a Cofi« vidiao in a Cafe^ of High T'eafdiu Mta engaged f n tre«fol^t)|n Attempt! do not|)ub|i(h cheir hftentiions at the Market Crofa. .U ill very rate that dirc^ J^Hitn^ny can be bad from Perfona not iaplie ted in the Crime. In ibc.T.riait upun tiie Aflaffinali^n Ptptfia • King Wittiam'iTi'ne^eveiy W.snc-rf. ai forai I can recoUeCt» waa an Accomplice; they are acKAirted for HectifUy*); tAit, or liiemoll ddingeroui Trealont. might pafi unpuoiflied. It certainly ii an ^ Imputation upon their Credibility, and the Jury are to detef:mine on the £xtent of it;< but it.i*.eai|ally ^certain that i| 4oeaaiot affe6l tbcir.vompetency«. "? . , Theonaxt.^Witiicra €alled,.^i8 Cbarlea: Fricht^te. I{e^ lays H I^^ *^knQwihe Prif<»nrr: Ifaiv^him Hrft injuria, 1 796. by the^ Name ** of MfLanev He C4ine to my HouCe at St. Joliui and l|Qted if • ** Iknew one Frichette; I laid I am the Perlon; have You any •• Horfeivf Yof-^We went int(^theFi«ld:. he alked^me; if I could ^ ** keepa Secret and wa<(.^n, hqneft. Man;- 1 told him not to truH ' «'* me too much : He iid he had a Secret, whiah he c^uld not uij t . ** without an. Oath: 1 took an Oath: Heafked if 1 Would go to > 'V^PbiladeipHia. or to. France: I alked for wbat;,^e laid, to fee • f* tb« French Miaifter^ i fakl noi it. waa^too far^ ^^^^Iki^d me . ' ' " ■ •• if.y ** hfUd wkftrl^M tB-mtw^iktm mm^vBiQtf, ftopkMk^nm^;, **G#tMtaNntr 14ai4it«Minipo(tbk, Hibidjuitiiot W alrii^ ' **'iliil htwM MOOcniBilM WrmthAm^.: lU AOMidrfiicii* **1«dlf for tiM CtniicaMi bMtldii aMMociiv iu AbR»|l^..' ••.B^«rA|rtVaiitcf€tM MM ebfOM: Itrsai lo M'Uim< Hji «H|iv» iM • iUd JUeAiioa« Jl«. aflMwkM Ntvi in Ci«#«i •• Ilkiittentl IfibMMgbi'^o.ibkhtfi liiaMtiVfia H« t^|,Aid ' •*>'ip# viFlUgo iog«cber|.(pe4Mipt 10 QutbMt W/b afj^eod 10 go M ' *^4i4 not gobjr a*. lolw*4 W.t fMlbdMM iht FftKl jrDjpf* •Mlhrwk Mdr fwoseMiM Ui# Smah fiiortt Rm4 taSli. Nichdli^t •VWftiiid I faiifnot ea: I Taid if 1 tbougbt Wi ivouJd co bac|L: H» faid he did' «< Boi mean to hurt anr Jodyt that if he bad 590 Men with Fikea^ ** of Wood*. 6 ot 7 Feet loiig» be would take the Towni thii M'wai faid at ^ Nicbolaa: H« defired nfe to alk my Brother* *l refpediog the Feople in Quebec, wbf they wcr^ in Gaol} I *f, dui> fo; at told me for making Diftorbaocea about the Road •• Ad: We came to Que1>ec' together^ landed at Wolfe'i Cove: ** He fcnt me foe Mr. Blade; I found him and took him to •< M*Lane: He, defired Mr. Black to escufe the Liberty he had *.f taken in .fending; for hinit being a Stranger he vat afraid of be- ^ ing fulpe^ed: Thii wai about two o'ulock Jn the Aft^rttoont ^* Black then 'told the priruner that I had informed him. of the ** Intention of the J ourjiey: Mr. Black advjfcd him to go back} '* foTf the Canadian* wetc not worth 4oingany thins for: Mr. •* Black afked the PritboeVwhat Flan he bad for taking the Towni '' the Prifoner anfwered k pointed Town Gatei ^ate and anO« He raid the ; know which - « wa^ f 'lOi ) '* l»>y Wlhi^tH iWiThat I m iiw»i» wfiQ •• drftnd iMUhnig better HHmi to Uf down ilMir •Anna. . Ht loUl ** tbcr frifoner nut to beifbaidt hot to ctmie tohia Hoofe, lahditfa •^hSmMf like a Gentlenan and take a Walk about UMrTiMwi at ■^ ltti|ihibe' Fvifonor conlented to coai«» but Mr* ^lack did not ' '^ ipnvove of conmm hi with him. becamle belaid bobimiiill waa ^ watched. He delired me t« bring tfim to bii>*liottfe.iD tho ** Kveningi which l*aiYordiiiitydhi» the Piitbner t(»Ul iim lo call ' ^' him hUf which 1 did." Ihe' Witncia i»in C^Uffif f(»r.ll«gh "Treafbn; OenUemen^ Yoo have fccw the -Maimer -in tv^iichf thta Witnefi hat gh>en fai» Evidcnee) He fvema i«»h«ve Uiiloknuw* Itrdge of the Sandien of an Oath;- or at leailiicil«RcgMrd.4orit, from the difgracefoi- Wajr* in which be gavohi» It^viddoce* llhi.i • ia one uf the Advania^eaoiaa open l^xamioaiiow inllie Kaccofthe .' 'CoUMry, Ybtt are to judge of the'Orbdit dwc to liii Tettimony ; . "Ibnt^ Urr my own Pavti eaecpt in M^tiera where he ia con^rmedihy pthetv and wtac he hat faid oA' A^vidcut Fati»» I fliould ooihtmoch "ditpoOtd 10 believe hitn. The next Witncf* they calted. Gentlemen, itJtihrt-Btack. He faya that ** Frichelte the lafl Witneff called at my Houiiion the ** loth of May laA, to> know if 1 woold buy^any 0.tk Timbcrt . ** wbichr we bargained for; afVcrwardi he told me he wanted to ** rp«ak'.wit)i mc in ^rivatej I w<*nt with him imo another Room ,** when be took n:i; by the Hand^ faying, Yon will be fofpriaed r %ben I leil yon 1 have no (Xik to'lell, lam come nponaBu«' finefa of a ooite dilFe rent Nature; theik- fqnceaing me by the Hand, he faid, are you the.Mr. Black: that wai in Gaol in the - *^ Year 179^4? I totd hiiA I w^i; you have bean much injitfred^ •• {)uk yuoi injurica^' are DOw^• almoft at an End; the French and ** Atetricant haVe talden tip your' Cauiir and yon will (bon triumph ** over air Your Enhniea: I wiiRl^ to know .why he came to me; ** for, I had alieadv bccir caught. b)r Ihfldioui Men j the* taking ** me by both Hapda, he faid/ are you r«;a3lyio be depended on;' I told him I wai to be depended On : thien faya he, ihete is a.Fkrench Gcnecalwitliin a Quarter of a Leagoefrbm ihia^Flace who wifhea to haVe a Couvcrlation with you tcfpcCHng the takingofthe Gar- •' rifoh of. Quebec. I alked by whar tteans \ has .he* an ^ Artkiy : '* he anlwcred no he haa no' Army^i he wtfliea to xonCert . . ** Meafures with y0o, and . yOU . maA come ittmedialeiy with < me : •« •4 tt »* l( it. »-» «( : , C ««i J ''^ inw to'tdle btm. About iiin> o'Clock we fet off together cm FoqI^ ** acrofi the Pluntof Ahrabaiii,' down hy WoIlVi Cove'knii vp •< Mr. MaBtnc's Hill: when wf cpme to the Side of thi Wood •< Frichetie aftad me «o go in with him, I lit fira decUoed it, Ffi* ** chette went in ; he cemeout again (hortly after, and I taw him be* ** ckonto mc,^l then went about sod Yardi into the Wood, wbeie ** I found. the Prifoqer with. a very long Beard : helhookHAndi .^' with meandexprefled himfclf glad to fee me> begged Pardon *' for fending for me, butadded that he wiihed to fee me on a Mat* ^' ter of great Importance. I think it proper for me to mention here ** that I never faw tbe Prifoner till I then faw him in the Wood, *f nor had I ever heard of or knew there was fuch a Man in ** Exiftence ; and as I was uncertain in regard to my Situation '* when thus in the Wood, I therefore agreed to every Meafurc " the Prifoner propofed."— -Gentlemen, on this Occafi.on the Court think, it a Matter of Jufiice due to Mr. filack thns publickly to declare their Opinion, that through the whole of this Buiinef^i, he has behaved like a Zealous and faithful Stibje£fc and has condu£led bimfclfwith great Piopiiety and Difcretion, he goes on to fay~- *' The Prifoner then faid his Man had told I^im that he had explained ** to me a Part of his Plan,' My Plan faid the Prifoner is that *' of Humanity, I am forty to fee a great People labouring un« ^*, dcr the Tyranny of England. Tpropofe to pufli the Britifli * ** Government from the Continent of America. I dfki'd him by '* what Means, heanfwered, eight or ten Men of Influence, fuch " as I might be one, might raife, und r plaufible Pretences, as • "many People as poiTible, who at a certain appointed Time, J* would join with others, who were to come in to him from the y States under various pretexts of fceking Labour, and that he f* would arm them with Pikes eight fret in Length, headed with " Iron and hardened in the Fire, which iie confidered to be 18 In- ** cheslpngerthan theBit ifliMufke'. and Bayonet"-— This, Gentle- men, is dire6l Evidence ui I'upport of ihe'i^th.and 14th overt A£ls charged!, and being thus ferioufly mentioned to this Witnefs by the jPrifoner, may explain to You the. real Drift of his Converfation •with T^richette to whom he did not probably chufe, in the firft inilance to open his Scheme in pofitive Terms. The Witnefs then goes on to fay, that — " the Prifoner thought Laudanum ^' might be given to the Troops witlitlffeQ : that the Attack mud *' 'be ludden; they would rulh in, but not take a Life ifpoiCbleto <* avoid it : he hoped none would be takfn, but at the fame Time, *' for the fake ofPofterity, all who refill mull fall: he further oh- ^* liarved -to me we muft take Care not to ii^ufe 'th6 Works ; for, «' thitt ove^nd up tfa^ Wood loed it, Ff U ^ Taw him b«* rood, wbeie hook H^ndi ;ged pardon e on a Mat* lention here [i the Wood, L a Man in ny Situation ery Meafurc on the Court DS publickly bis Buiinel's, las condu6led I on to lay — lad explained ifoner is that labouring un« 1 tiie £ritifli * ilkrd him by flaence, fuch Pretences, as ointcd Time, lim from the and that he headed with to be 18 In- ThiS, Gentle. 4th overt Afts V^itnefs by the Converfation e, in thefirft The Witnefs ht Laudanum e Attack mull ifpoiQbleto he Tame Time, he further ob- t Works J for, V thftt ?' tbatwoutH'rtnileir US vulnerable after^We'wcre Maftr**! of'^ttir r ^Carrifpn/' Here 'Gentlemen, is an A/onraLasfcxpref^ as (.an* gu.ige can make it, of his Defi^n to exedite th^ Projed diar* ged againft him in th« i^tb. and|i4tK. overt AiU^** Th(^ " Prilbner ftid^ Me left Mr, Adet^on the /rh. of April, who wai ** going to'Ftancf on the idih; tHat!1)oth he and the Spanifh Mi^ ** niller were concerned in the Meafurc ; obfdivinij th'at »* A'd« is '* the Man of Bufinefs, the Spaniard i^ a Fop: the Frit(^T)cr' faid' ,** he had To concerted Meafures with Ader thit, if we c6tJld tiif •* poffiefs ourfejves of the Garrifon by Sii^priie, ft Voulit neVer •* be recovered' from US'; for, he fard; befidca the Meafurc^ ttfken : '** by the Krench' and ^panifh Mioifterrf, Thave 15,000 Men ar the ■ •♦ Lines' teady at a . Nodi with ' Part of which' I mean to Garri» •*^ fon this Praco and, with the Rfcmiiinde!' pcihiips fofm an Ejtpe. ''•^dltion ag^inft Halifax. TiU the latter Pi'rt of onr CdnvcHa- ••. lion I undeiI>6od his Nathe iA' be PiJlt; but he then gave inis ^^tyvo timers, >ne direfled to John felack^ood, El^. thfe other ' *• direiied to myfplf. rccomiiicnding the Pi'ifonef aS a Gbnttrman •• ^Jg^h);^" worthy pf Notice, by the Name of Go) ond' David M'LMn^. . ""'V He told me that Mh Adet* was gone to Europe for rhe Pur- J^rP'^'^^ of bringing a. Torce to cooperate' with the 15^,060 MeH V tijat wtrre to be brought in from the States : he made great £n- ' *'* quiries concerning the Pi-operiy, public and private, in Qaebcc;'! «* told him I thought there might be froin three to five hundred ** thoufand Pounds : he faid the Property was intended to' be *' given to thofc.who (hbuld take the City : He told me that he /* had been in the Province in, 0£lober lalt, that the Government '* boitftcd of having quelled the Tuhiults at Montreal j but that '* in reality it was he that had done it« I advifed him to •* come into Town after dark; he exprefled his Fears at being '* dilcovered, and-faid that GovernmerK had offered 500 Dollars •• for his Perlon; However, he confentedand gave me his Pocket •• Book) in which his Name was written, to prevent Detedidn *• in , Cafe he was taken* He was conda£led" by Frichette to nly - •* Hbufe when Nigbt came on; As toon as I came to Town i gave '* Information to a Magiftrate', and the Pi ifoner was' apprehen- •' ded the fame Evening, about eleven o'Clock, at ray Hbufe *' Here, Gentleman, is a very clear and diftmtt Account of many hi ti:ie materfal Partj) uf this Tranfaflon ; it conhrms the Account given by the ftjrmer Witncffes of the Prifoner's being at Montreal m Odober laft,and is dirc£l and Pofitivc with regard to his Intentions on his lad commg'in; and coupled wit|i the Tellimony' bf' Fi^ia ; -■• ■ O^ ■ ■•- •■■' "'■ "^"*^^hett« emmmm t ^very judieioull/, I fear,) has underti^ken to m<4ko his oi^a .I>efeiice: thsLt Defcnpe you have iheard, in which he admits » a r Number Df the leading > Fads alled^ed a^^ainft him by the WU« neifes; but attempts to put a different Colour upon lome and. to ^explain away other?- Hon have likefwife he^ard his Coiinrel, who 'have .availed themfelves of all the vej-y, {Jender T^Rics the Na- ture of the Gafe alFurded in the Prifouer's Behalf, You have rlikewifeheard the very\ able and fati»fa/Eloiry H^ply, maid^' by the , Attorney General, to the DeL'nce that ha» bc^n let iip,.who, by ^afew very Natural,, but Cp^ent .Qucljions, has fti^n how little .thcfe'^ranfaclJQns! partake of,a rpefcantiJc. iNature. Buti, Gentle - £*lDen, ^.You Will ? pleafe to recoiled tlj8t.it ,^s,not from the Speeches Vou hear, but according to the Evidence -Ypu, hear; that You aje liflwom to deliver your yefdid.-~That Evidence I have rc^^eAted • fo You as fully, as I am able ; and. it.appeais to me,., that by far 'the. greater Part of the overt A6ls ' every witneft tfrodaced, whether StibjeQ or Afieh^ fv^ore to la perlona! Sdlieit»ibn of tb^m \>f the ?timti^, to sfiRflift the Inr*- ion, NoW the Siihtlatcte Of the ^(th. oVeVt Aa it/that he fcllUcited divert of (Be KiAg'iSohjeas ; and (he6tb. that he folicited di- Vers l^trfotls not beins SubjeAk; Butterfi^Td lind Chafidonnet are Of 'ihis Defcriptioto, and the fbur other* are Subjeas. The ninth, 'tenth Wd eleventh overt A6ls, are provfed by Barnard, Coihtn]s ^ahd Buttei'fleld, the two forhier ^rove the 'gth. and lOth; they mention the I'fifoner's Departui'e froih Montreal* and Butterfiela (wears that the PHfunertold him he Was going to Phihdelphia, to malt; his Return's to Adet. This Ihtercburle with Adet, Which is fwOrn to by /everal, ha'mely Ciilhin^, who alfo fpeaka of the Ccrtifitate in the Shoe, {ogeihgr With Butterfidd and Blac|» IS ihe Subftance of the third overt Al^, ttiat he confpired with the Xin^^s Enemies to excite a Rebellion in the Province. The I3lhan^ 14th. overt Ads, th'at he confpired to furprife the walled and gar« '^if ined City of Quebec, are prdve'd'by Frichette and -Bhck ; #bo !alfo |)f-0 trary the Prifoner, with a becomitig Spirit oi Candour, > admits,, for ought he knows^ they 'may be all bohcll Men), it is my • Du- ty to tell you, they have proved fuffifcient, and more tfaati.fuf* i&dent to maintain the Indictment. Sorry am I to fay, that no- thing ' I ft tc« -jj 'ihing in the Shape of ^^vi^eipcc h«t b«cn offered in behalf o1 t1ie .Prtfonef, or 1 flaould (lucUouH/ give it all the Weii^ht to «rhich Jl ^ight, be fairly entitled. An ObjeAiou was taken that fome ot ' the Witneffes were ftillin Cuflody at Accomplices j I havealrea« •dy fliven an v)pinion on that Headi and tnarkcd what Degree of Credit ought to be given to the difi^raccful Evidence of Frichette: but admitting the Obje^lion to have that Force which it has not, how is the Teflimon^. 9f the o^ber five difinterefted Perfons, whofe Chara6lcrs are beyond Reproach, to be difpofed of? I be- 'l^ve. it will rarely be found, in State Profecutions for Treafons -ofthisfor^, that out of fcven Witneflcs five are not in the mdd didant Maimer implicate*) in the TranfaQion. From the State 'of the Evidence as it lays before'You, Gentlemen, You have, no ' Counterballance to examine, for it is all in One Scale. The. whole muA turn upon • l^at Degree of Credit to which You think the [ Witnefles, fome of whom are known to You, are entitled. Afcon* ^derabie Period of Time, and a Variety of Circumftances are ^contained in the Scope of their Evidence. If it couJd be fuppo- *fe<^ that any finifter Defign were intended againll the Trifoner, •4hu would' be the yf6rii W^y'ofcondu^ling it; as liy the Breach 'of a material Link, WhenevefyjconaedingPart is fubjelEl to Proof, .the Chain might fall to (l;e Ground. 'On the other Hand, it muA bemorefatisfaCloiy to You,'CenHemet^ Hvhohavejyour Canfcien^ • cb to cleliver, (hotild you find the C^hargelnade out by the uni^ form and confident Teftimony 6f di&rehtPerfons, In different Places, and at different Periods, than if it were a fingle Fad to be proved at one time and Place : for to thofe, actuftomed to the Invefti^ation of Crimes, the foriner Sort of Proof, as it ismbft difficult to be made oiitj has always appeared the mpft convin- cing. ' Having thu9 Endeavoured Gentlemen, to ^explain the Law in this Gale, and having repeated the Evidence, it remains for yoik to determine upon that -Evidence; for, the Verdidl mud be yours. : tf you have any reafonable Ground -of Doubt i. need •not obferve to you that it is the invariable. Dife£iion of an Englifli Court of . Judice to lean to the Side pf-Mercy. If youxiifbelieve the Evidence in all its Part^you'cannot-convi^lthe Prifoner: on the other Hand, • if you believe the WitnelTes, and that the Treafons charged againd ifaim, or either of them, have been clearly and fatisfa6lorily proved, you ^ill find him guilty; the whole is Itft to you, to determine • this lifue iicoordin^ to your Oath. ' Then to which Jl at fome ot hive tlrea* ; Degree ot F Frichette; it hu not, d Perfons, lof? Ibc >r Treafoni in the tn^ft 1 the Stale ou have, no The. whole ti think the ed. Afcon* nftances are 3 be fuppo- , [le 'Prifoner, Y the Breach icia to Proof, ind, it muA ur C the Law ih lains for yoii uftbe yoiirs. 4iot obfervc iflj Court of the Evidence other Hand, largcd againft ;oriVy proved, to -determine Then fThen anOffieer tMifiuorn io keep the yuryt vhc wthirtwfir aldui fiMityMimkt imd Ihihtehtmedi) > Clttk of the Arntigni.GemXtmtti oftheJury,aiilWcr to youf Haniei. John Blackwood, &c. &c. Clerk of the Arraigns, Gentlemeni are you all agreed t^pOK i yourVcrdift? ' Jufy. Ye*- €kri of (he Arrngns* Wlio Ihall ^eal for you ? Jury, Our Foreman. Clerk of the Arraigns. David M'Lane, hold op your Hand. (tuhifh he did) Look upon the Prifoner : How fay you — ts he Guil* iy of the Felony and High Ti«afon Whereof fae ftanda Indided or not Guilty. Foreman, Guilty. Clerk of the Arraigns. What Goods or Chattels, Lands er Tc» "nements had he at the Time of the Felony and High Treafon by him committed, or at any Time fince? forer^an. None to our Knowledge. Clerk of the Armtrns, Then hearken to your Verdift as the Court bath recorded it-^You fay, that David M'Lane is Guilty of the Felony and High Treafon whereof he ftands indiAed--But -that he'bad noGoods or Chattels, Ljfnds, or Tenements at the Time of the Felony and High Treafon by him committed or at any Time '"^nceto your Knowledge, 4ind foyou fay all. \ 7«iy. Yes^-We do. > ■ "Clerk of the Arraigns, Gentlemen of the Jury, the Court elif- ^charges yon, and thanks you for your Service; . Mr. Attorney General. Upon the Verdi£t as recorded, X l^umbly movef or Judgment of Death againft the Prifoner. Mr. Tyke. This is unexpe£led. We hope the Court will allow us the ibur Days which are ufual to move in Arreft of Judg- inent. i Mm. At^roR NET General. In Cafes at Bar, four Days arc -ufuaHy allowed; but in Cafes decided before Juftices of Oyer arid Terminer the Praftice has been different. In the Inftanccs of Sir John Freind, of Charnock, of Lowick, and very recently of ■ LaMoHe, alt tried under Commiflions of Oyer and Terminer, Judgment was given Iiiftanter. If the Gentlemen have any thing to move in Arrdl of Judgment, they have now the Opportunity. I am ready to anfwer them. - Oh Iff Justice. The Pra€lice certainly is as the Attorriey Ct- merai has iiated it. He moves for Judgment, and, we are bound ■-'■•'. "to ■ • ■• ■ • • ■' .'.** Iborofioiittee ' .x M.r '* ♦' U, If Bidfi«g to Mir^^ i/^ b.9iiff4|)rli|# . vided Of Felony ftml Hi'itt^ TmToa iiji^ ebmptlping ih« pfuiik of |))e, .^Cipg^juid riQ<>^idhcruig Co his £Mi^ieiH--what bvis yp}\ to ftjf why the Cdjjirt Uioulil not give Judgment tfj;ilinft jQm \o^c bc^ eprding to Law. « ■•..■, : Prison bk. My Counfel wiU ^t9 ifhet I M^e, iiOff tq o$er. : Mit. PvKi. Klay it pl'eaft your Honors. V/e.have tWo Points IP inove. in An^ei^^* ludgment, and hunibly hope th|t Thiie n(Mf be. allowed us for that ^rpofe. ^t jpHiar jusxica.. . What are they^ is the Atiorn^ General ap* prized of tnemr ' !v Mr. Pyrb. The firft is, that the Statute pft whtch,the |ndi6U jnetJt is framed is a local Statute, and not in Force in this Proviocef |hepBCpn4 that the Indi^mem does not date the Prifonertobea Subje^ of our Lord the King. The Grounos have been mention- ed to the Attorney General. ' ' ; J,Ctiit.9}vsT\ct,ltjKt^ then wj^jilhe Attorney Genei^aU You lievf^ had Time fuffici^nt to prepare yourlelves; but that may rot )tfi the.Qafc .wi^ the Attorney General '.-^if he in reaay to oppote ;^dj^ Mj^iqn the Cou^t are ready to hear it» btherwife it may uuid •vpr MU Monday wqxt. . • ', • ' Attorney Gbnbrajl. The. Points have been taietuioaed tft me, I am ready ro go upon the Motion immediately* . . CisiB* J^nTica. Then go on. T }.• Mr. Pyki. Mky it pleafeycitr Honors. . ;We b^g leave to move in Arreft of Judgment npon two Grounii&s^ jGrft beCsDife the Statute of 25. Edward IIL upon which thia Indidment is grounded, is a local Statute, confined, to the Realfift .•nl Englfuidi. being made for. the fole and exprefs PurpoTe ofpro- .ffi^ng the Perfon of his Majefty and his Government at Home^ t iimd .doem not extend to his Majefty '» Colonies or any of bis foreign JDon^inions, for, the Words of the Statute are^ *' When a Man /f*^ doth.compafs of imagine the Death of our Lord the King— If a- -^ fd^n beadh^rent to the King's £nemies in the Reabn, giving to< '^'ihtm Ai^ and Comfort, in the JR.ealm or elfewhere.~.If 1^ Mkn ^' do levy War againft our Lord the King in his RealmJ*^ . By all -jN?1ii(^. it ejearly appears* from the exprefs Words of the Statute, ;.|^t jt if^coip^ed tp the Rea^m of England: Now by the Realmjbf 4^JE^iand is meant that Part of Great Britain, called England, and ^berefore this Sti'tute connot be conlidered as in Force in Canada. The- F lit 1 Htf /econd Ground it bcteuA'b J not ft ated in the India fliilth Counfcl have not been thefirft to lupipnt the Jd^a, that this Statute does liot extend to the Pi^viuce ;* itis a.Spbj^.<^, "which has been alreaily canVafled extrajudiciaUy, and 0^inip|)s giveti,'tipoii It. IF ther^ is room for Duubt, th:it is a (i.' iitjU!»iiij .. iiiw t.m \M^ •Mob «f l^tiiAf !•• ifjMC^Ixt MfMi fb theftedki' of gi^ j|ltilJi,"iilil il bcitt4 Mlt^ i« M«ttri(if 'HgwMrat Caft, ipao* Ji OuelMii vhttKer Ii«Imi4 wm i»^ V c|0ature oughr to Uva We enacted it» at wa» dt^ia In Ireland by ihdr Parliaaiem, fnd our Courtk ttiottid no^.hitvc been tcfi toconfidcr, iy0miM» Prbvinct df LowrrwCanada ai HiaRealm of K^land m Ralatifn; lo Q&n* Ml cormmtR^d within th< Province, fciaa Matter oftbtl Inipor* lance that demandH the Interference of our L«gi(htturc.. fiub> ^it the Point with all due Deference to thr Coun. I oome noyt i6-' the fcMMid Ground oithe Moti#n in Arrdl of Judgment, namely < the • Prifoner it not averred 10 be a Suoje£i (^ the King, which, rMp}9ie— ^bend, wat cflcntially nej|c(C>ry to imik<: the IndiClment a gooo one. 'iPerfont living under the I'rotrilien (»f our Covetnaient, may b« ^hfideredas tailing under two DefcrtptioNti nataralCbom-awd'lctupo- 4«ry Subjedi;' both owin|^ Allegiifncei but, the fonncr a permanent ^AHegiance, which be c^i never Uiake otflf. If ihe.Pr»(ntie^ ove• >f thii Pro. ighr totkttvt nl, undouc he pirbvinct tbti Iiiapor- iir«.. k^«^ ximc noyr H) - , luunelyi ihe t a gooo OU0* nent. may b« •n-Miid'lcfiipo- f»pcfin»*«nt >ravincc., cjr- erfoi iheOf- Dconfequcnce o b« a Subje^ •ppe»l W> .(!»« ho were both R,efi4enpe »^»d ¥(iu evfn c^T- ook-an exccp- laiionwai con- ►rcl» will vuiite ,n ii diflferent . but. 1 think the. Faceofitr Violation of- ic Counfcl for it, againft the iCeedings ufon : in their Indicl- ibe&t*. lMni,'iair«ror«fliif«» •• Ma* A.'ct«mi Altyii iikafe yviir Hpnoif. The Grmindt •» wMeh 4hk Motion In Arteft of Jidgnitm ii^ fn«de, are thefe,-*-Tlui we have no Law on which our IhCnCbnoiil OMi ht fooAdod, and- tbai nothavihg averred iht Prifonerto be a Subjed of hit Majeft^ at the Time of the Offence commiiied, thi Ihdtamfsc itfeir ia fffeniialk defeahre* The firH of thefe Objcc* fiona appean to me teairdalperalei and wat it not folemaly put in • Cafe oif Life, I fliould not coiiceive itfeqoired an Anfwcr: but aa it is, I, am held to offer to the Confiderakion of the Coart fomt Argumenu^v whiah,' 4' tmft# will Iw fatiafadorv, from a Con« vioion in mj^ own Mind^llhat they«re well founded. Thit i^ certainly tho iitft Trial for High Trcafon which h«i u- ken Plate in Canada*, perhapi in Atnerica, if we except theflum^- 9ul Proceedingi- had in tba year 17b i^ againft Colonel Nicholna fiayard» in the late Province of.New-YorKt and even thia i« nota. Cafe fimilairto theprefent, athu Indidmentwat drawn i^pon a K>i- Jml Statute, l- OMinot^ therefore have Rtcoorfe to, Preoedtntty but omft argue fVoni general ^nciplei* The Prifoifier u char|ped Witk High Tk^ibn^ of two Oeferip* libnti (ompai&Bg t|ie King'^ Oeath» and ndhering to bia Enemiest tK>th evidently talvn Irom the Ci^lifli Statute 15. Edwards tth C. t; wnich ia c<^ihly th^ 0afe of the Jndiament; for, pnleft it it fupportcd t^ thir Statute, I' dp not beGtate to admii, that it cannot be fupf^brted at all. But wliile I make thit Admif- fion, I mufl obferve, that I'beliey^r thit to be-^ the firft Ipftance of any Doubtt, public or private, refpeCling^ the Law of Treafon in< Canada^ The: Statute hat* unifomtly been thought the Law of the Land^ The total Silence of our own Provincial LegiCbture uten the Subjed it a ftrons; Proof of the public Opinion; for, ii it. fcarcely to be fuppofed tha(, while we nave ena&ed Lawt for fbe Puttifliment of the kffer Offences which: are.iniunopttdSociety« we fhould leave the ^reat Crime of 1 High. TreiUbn totally nn- thought of, and permit Individual to e£fi t^ very Oiffolutfon : ofSocielXi unpBi^ihc4J 1 argue that tl^ Siiqnceof |he.Legiflatnie ..... ■ R ' ' 'ian. 9* -*A. Jt » t .; to «nl|t>9f^Mi4 flop # CbnTiaifli, iM aU SttlMtt lb QmImh k wadqtfUdly in FoKtAPd rufidMi.fiprdbtLrrQMaiMi ^ dif prnpni. Perhapii t«ffi im iMrpwl Krtt«dt» lo vkoai I an »ftil, might, under oUmf CaroimiUiccf fo^nddi |i»ilb m^ lm$ it luM flow to b« jiftcd— «n^ w|i|iifvcr nuiy be the Dfcifioo^ Lhavc dpfie rigl^.fD pitopolmUM.ii^xMtn* '^ >• ^r !>»<> y the, Prifoncr ,|p t|it utpotF Umi.u oi bit C«(«, tod thcv promoia th« F<^uW .IpmT>l* b/ "Ctlling foi • Mmn Dedfioi fipon tbi X»i» >ol; TfftfiM «rbicb. «h9i« ^ odicrt» pugbt lo b^ clftiljr Ibttlc4« , If I rightly comimbfiid tbem, ihtjr Tajr, 4mU the Sunitt #f £4wi^ii lU. ii a local Statuie, confiofd io iu Op«ratioii to Trea* foot tioanitied wiihio the Realm of England rand therefpre, adnitr ' |iBf that the Statute i» introduced in^o thit CoMairv» yVordtof Ihe Statute. Certainly nothing th|^',.fin fupport their Argument it to be /ound upofli the firft Branc|i (compafling the i)eath of the Ring} the Sutute co'^iaint no ^r^l^ion wjiatever: the MTordt are ihcl^ V AV hen a Man doUicom- ** pais orima^ne the Death of the King or of our . Lady hit Qqceii '< or iof their .Eldell Son and Heir, he U,.gu|lty of ,Trf«A>p" wheie are the itxpr^ifiuns limiting th'et)peration orthif ^auTf^Jn any rcf* ]p(!^? ^ardt'cannot4)emoreceneral^, they comprehend .ill Adi pfTr^aion jprfacinever committed. The decision bf| Crohagan't Caff i^ ap Authority dire£lly to thit Point, and goet to prove the^ella. p^fbeA Ma<^m, that Treafon is not conipnea to Time or Place ^ iil othei",Crimet are; for, Crohagan's Qeclpration, .that he would liiU^eKiiig^i was made at Lifbon. I( is irue, he aftfurwards came |o Engiandj but it was in Profecution of his original'lntention de- clared at Lilbon, which in Fa£l was the Treafon for which he ftif- -fered* Thit fiHt-Claute of thjc Statute made no Alteration in the Mw lom I as heir Dull $ni thcv iDcdfioi ■gte lobf be Sumitt m 10 Tw pre, admitr tt it bM D« talmof £i^ or them t^ ngUndt «rf on the con* n the Pale of infincd in itf ^Un4i but if the CvL> ;otairy,nicn|» |q6on of any bejxon|eo% to difcQvcir inly nothing Ktf^ the firft I co'iitaint no indothcom- ly hit Qmccii tii^" wheie fein any ref- indall Aa« htgan's Caff love theclla* or Place ^ t he would jwarda came lintentioD de- hich he fuF- ition in ^h^ ]«aw iiv of li^aad, k ii Mcitlt 4idanioi|r of #bal had beeii l|* ctm^ iMliLa«rV CbMrtiaba^Mlfil ted My Lord ia^pii, Ib kit aftrffiian «M« Mm CjiUoT iW Miaii, fayt «* it la^ite dMb If a tebjfaTof Ciitfaiid M OMii^tod ihb'Oinli of Tlhi iS li Ibnoimi htfli, ii wat iNf Ow ooauMtt iMw ef Bnj^d IVeoitf lMi\ (lyifliaJI not imuMiyoiiriloMn Mih onyftircUr ObfbH IrtdMia 08 «bi» Gla«to of ibo atatttUf. t eaoooi coaedv^ tMi oil^ ml^ Bfpt^oaa offkicCifi bave Um fonM upoiiic. TlitMMO Ctaufe «ir WUch the (scoodXount of the IndtflnMil i^ dtiM^, i*r 1b Ibtfir Worda, •* If a Mao te adb#ftnt fO Iht JPngli Euimktilf, ilt <* bia Realm, |ivioff to them Aid or C^mfoh in tat Rtaloi M ** ttftwhn bo M gyuty of l\ea(bQ.^ IVonilh^obtiooa Mcaninf of ibcfe MTordi, to ttpr»Aidor Comfoit to ibc Kinifi Ettemtct. In any Parr of the World, ia' Treafont lor, otktnwlA. the Word ^eltewbert" bat no Import ithfiever. Thi Calef|pilt yct^ both are putaa In- Hancet of TrcafoB within the Statute. Were itneceffarvto ad* dttce. hinber Anthoritiet^ the Statute ggth. of Henry Vlil; Cap* %. mi^bt becifed^ ThiaA^wat made for the Trial of jreaions committed outof the King't Ctominiont. *^ And in it/ iayt My^ Ii)rd Jkicon, after pntting^ theCafit of, conrpjihng the Death of tlio Kmg abroad, ** vou Ihall find no ' Words at all of making ** any new Caife of Treafonr which wat t«w if gfrird It!, b* Mt « •f BnlhMiA; if It w« "wrnr lb» I'4i»^«iil| t mtift immM'^i IbeM WflgMoffte CMJifUBm-^hidl^ lii» taHiniiilt 4iaiM#tkffH^ g^^t^l¥m^9i9 tMhiirAHhmr It (Niiy"t«niiiftt fbv wti# p»f# 011 iMf ?ilQt; thin tilt aUMMttf Mlw u i m .formf i Pirtof Ihv U«r if Csaarfft, iad ooiilbdMiltlf, thii iliti Irtdianient it frtlt' IbraotMd bx ilv II b n ^mivl Pri«d|Me ilMC th« «Hiiilnti Iaw^ •fiU^fen^acror lifinitdUteljr uktt FMm in all c iiq u ^i t d Coon* #Wv.' lliitv of itfdf, w*uM be s Aimiicm Prtdf tbil %hi Sm- IMf 'is' P«rt df ilie LAW*'«f C«iiad« i fbf, Canada being t e^nqut^ pfd Covmrf, and the SiMlifM Part ^of fde cHmhiAl Um of iH# CM^utni^r tbf CoM:fttl«ii n AecHbipy afiul •bvioot, fim, w4 Itew a totn^ltat AnfWer to •every Thing whkh ten be nrgHI dfe tHb PiM»l ib fbe Wbrtfa •fthe Qa«bec Mk. M. Geo. Ill/ te« §3. tfhtclcvefidi Chwtk of ihW AQ If in Ihefc Words.' •I* And whereM tie !Cetuiney. tmi Unify of the e? Hniitat Law « df BnjtUitd, atnl the HMeflu «n4 AdtintHgM refblting from *''ihe Ui« of it, bevf bi^ HftfiMy frtt -by the Inhahkami from' * aa Experibfiee of more 'than Urine Ytavs, during whirh if ^ bis been unifbfMly adminiAareit W It thertffhi^ ena^ed^ ^ tint the femr (hidl -continncT in^ bft ndminiHefed' lind Ihafl * be-ttbfisrved ak Le# in the 'Provint^ of Owebtd, ei tue/i <># ** nte Df/cnpikn MUd QvHitj^ rf $fu ^/m^ «t inuie metfhoti of Pro^ ^denutton and Trftil anc^ ifte PiMiMlHneni*' and Fbrl^im«eiihere^ ^*bf inaitlMl^^^--^Tt i«' llardiy f»a(9M& to eoneei«^ Worda of ffVaifcr Llntimdc. 'Whtmevefis an 01f4Mi iy th« erittfinal li^v^ of England, bMotn^s, by< fhe<^periti«iy of nhw Statnte, an Ofw ftnce ^ Ibreriminad iitw Of Gnnadbf ip«>o ibM f^'^line Mbiienin AH't'fl ef Judgment. Ii^it erne of iboHl ^dintg which require only to be fairly ftated to produce Cpnvic* ti^. Thc^ other Objcttion is, that the IndiAment i» defe£l»ve, Ixscaufe it dou not contain an AveraKM ibat the Prifbncri Ac the Tubn zssi tit ft- (km miii Titafcwr Mr ijai nniiiitrt Jk. wiiciin,on thr Tyial to ptova iImm ha wa» aa^«n» L»iMotii^ whtA lodgmtm wa« given> ilotkl' balatailK Coitn^na % Brtiiili5f»lfi^ for, a« the contraiy WM not |»wvc4» cW Jiidgaa «rci»boottdU* prtA^me him Tuch : and tkt-Klbra iheaa ' ivat not-3laim fdr the Qu*A*<><*> whafhcr lh« A Vermont mm iight orttiooof p laA it WM in Faa parfcAlf con#ftant with aho Caft aa ia^bcn fiooA The prefenk QiacUion ia plainly thii,— »wliaihcr« ••oh tht Fact ^ the IndiAmant thcra '\^ (uffif jeaD ro* itorrant a ludgmatM agaibfl the f rifoner, for Hij^li Tpcaloai for, |f ihctt ii| ifte Avarv Inenr, <* ^Hat ha ia -a Subjett" ia to oonvinoe' vour Honor* of tli€ Ahhtdny of avming. an Alien tohe^Britifli St^jetl^ As iba Cafctfdinittad of D^uOion, nrhaihar ika Avfrmenp^ %ai infaned or o«*iuadi It waa Ehou(^ the (afar CouHo ifk.]oavek •ut, becaitfa tlia lndi^:^ant contained liifiicient to warrani. tfato iudHrrrcnc "wiriiout iK -TMi ia what I IkfM endaavonc ao dl<«|^(b^ JBort before iprocced .tO remark on the fcveral Aliegatiuni of the In« ii^Uaanl, lh» Cottrl artll|)frmit. me ia obferve and to prodvc^ iume Aathoritiea to prove that the Ayermrftt **.TK»t the piart^ if » Subic£i".4aao>4Qnov*|ton vrbon the old^Form of Incii£linf:i^aiof liub ¥1 ^*^ / i««4aMIIC JUk cpliinutteillby estlvof (be< tPirti^i *i;ttt j&tfiia pfp4i|pf fori^rain^ttH *^ (aum'7 in ths C^Cfc o^ >aiA ' ATien, h Jim beta long ^nc^^ffittk^ 4tift li« >DictVA/ i^d Chkf J^l(^ Hole, io Cr»at>ouni<4 Cite, byltkpftfuy, ** No 4oubt it would. I>< a faull to ha^ Pi^i In,; ** CM^iff^luiunle^ Daminum fuumT «f)ieK t^f^. a';)ocA^ Ailei^ Ijiiic^ i^'! duti: 1%^) Ittiia Ppim(i,n il $9i^mkd : upcw a Jqli^a UedfiiJA kk 4i&iy 8^- £lU* wheii -Sttpbano de Capi^ . an| ^ ilUiiMl. l^nrit TlB]0C9» Wo ,^orta|(at(i; bjr Birtli, came in«» ;ksf( nndet the t^Ji^ieii't. Stfe coiitiud, i^ living thiMi mdid 1^R^teai6o»:.jii^id wiai pe lijAejiJa Tft#ii»n againfli^liei <2aflj if ^a«i re£titve4.b9r 't|iie jlid^^ tWtll^ir Ia'di4m«nt :^^% to bagiii ** irJut^^htf iofeadel tft^f^ V tontlra Ooiaifl^ Qr^ir ^« o^n" (ofluttini^. thde lil^ds patura^ Opiiiii^mfu^m---Ai4 oo^t to oolicliuiey cdotrft |tgfcatit|0 Titfiv d^^bituB^ (i|^ In tl|Q ftrel'eni tnft^ce, koo^gtW i^Upiiipr jk> bt ail Alien; tbit /Q dtiak6 M$fk< fal(e Traitor afiinii I|ia U^itfiy, ttmtmito tbf Dai^ of Us ;Ai|iegiaii«e. Ivbidr is tarttMitcbe Ps^lifW itquirtiK . «nd w(^ have tbt QfMnibh 4ji.^p hftti Chief, J^ffifc f ]!• blicid/ declatediA(>aabettrj|e>!Cafi^,:thjM: tM> i^Mic^t j «^ •• if it ajipMii* faya that groat LawycTf; •« tb»t^hc,has.cG(ii)n^te4 a* < r^' <>ffmee AgaihA kb« iawi of the Kingdi^iki afd>gin<^ intli^'Kltig^iB^'C A £iigUiu^ for HIgt ^.^ ^,^ 17^ the ieicoiid CbWit Mi jiot amt«ui flt^ibe 4vei:iiiq^ Uuit he wfs • )Sttb|(^ or %^oi!ds *' NAdtf49i» Don^iim faaoi'' j {t) aiMl)reli on tMt T riil,bii the part df the ^eoteti tip ^xccf>t' ^cn wai taJbeti^o the Form of the IfidiQiBeiil; o^^c^l ^otfii/rkry k Wat fXptittSiy admitted that tl«( Ipdi&Wn*^ wa^ faiS^ie^*' .l^avi flieWn that the Word* /* fiatural^m Uomii^iMli'* 9MiI|'|€ omilM 1^ th^ cafeof ai^Alteii;, and/flt iacertainiy J^ft idile?!^^^ in all vaiei* , 'UiuiA ■■rx-.xtj-''" ^ e I proceed td Ihicw vhy, « w'not i^e(^ir^ to jpfert aii Av^m |hat the A^tifrd jija $bbjc^« f n in Ori(nbo«ici|e'« v*^^h(i,t ; he JKat '$ ^ubje£l wfutt he i^mi if France. Bui the Ji^oart obfc^co, thai this was nok an bbje^jpn. ly'hich could .ayaUi-bocaule ihey ifete jbouiid to take hiin^to j^- a naturaV Su|:^e^ t^^ .^ppieair. / Where is thie iiec'einty of averring wlnt tlie Court. muft ailiume tilF thecontrary appear ? Do we, ^ialndi^Lments for any Offence av^r that; iit (ht llffiett #a*,c6n|iQ|l^fd) t^, AQ^»|ed:«(ai 4>f fane Mind? Afiuiiediy we do not; aM ij»r the fam^ReaCbn. !i)<Parifh •f' Quebec, a Hace irickin'tlie KingVOomitnOVi V and wadMfi ihe Jttnfdi)^on.<>f the Courts as a fal ft Tvaitor againft JtisMbjdlv'wA 'kfi^thtoribtcalbathewiholly aritbdrew^ the Alle^. ; Ante^iHiicft Jm^ ;oi#aA t« our 6th( Dtt^ bf hJii Allegia^Mbfe. Surely thia itenougbi and iiarti>- cuhwlylt thi«Stage of tbeTriil rfor^ire muft Tecollea that thiaia'a. MotioA^ afiter vWiiCt^, and 1 cannot but tbinky that vtry ArgunHeiilt . wbiol^'ueCoii^^foff th«Prifon«rhi^ adopted provea^ tharthe' Jn^^ ry have even found the Fa£t for "which they contend»l mean that th^ PniiMier was a Sul|jeft of hi« Majcfty at the Time of- the Oifence coinmitted, according to the very C6nftru£lion which they wifhc to pm upon the Word "Subje^". Their Argument i« thi«| <' Un* ** lef a Jste is a SiibjeCl, he cannot owe Allegiance.'* If this be true, . the ^on^fe Miiuft be e)(]ua]Iy true, that is *^ If heoWe^ AUe^ian''- ■** ee^laHnuftbea Soli^a't'' fi6w what have the Jury fouiidPTIiey 'iiave ftnmd ffaathe owed- Allejgiance) fbr they halve exprel'sty • found ** that he withdr^nr the AUegh^e which he, oi^^ rf^t, ought ^^^tb have borne towards obr Eord the Kingt* and' they have al^o^ -ifomid'tlkait hit Oflfence was' oommfitt^ contrary, to the Duty ^f ' that Allegiance which he owed tohisi Majefty. They; have' thei^« 'iWr found 'him to be a^ SubjeQ*;' -and this R«afonin^ is certainly fimortedby what was^td in Tucker^^^Cafcr(7^y; for» AUegiance is tHareliefinoito be the mutual- Bond between the Kih^ afnd hia St^bjt&if by which the ^iibjeCIs owe Duty to the King and di« 1 *f State Triak. p. 16.' 7 J lard JUymmd. /. 1. (6) IVood't tnfiituttt. p« fls . Ibtid thUit u»* hr It i» a F4ft Proof of k' Ii^ by be brought :^pe for Am^ «, that it is On iment by otbel' e Offence iifeff lem, and' live rt- I rifh'of Quebec* mgVDofMimcm TMitor againft rtw the Alletfi- he Offence idkl the Statute a '•V"i ' »ujbi atid!|Uirti>- efi thatthkiis'a fvry 'Argunteitt re»i thai;>the< Ju* i mean that th^ }f the Offence lich they \fiihi i« thi*) ** Un* If tlus be true, , »we^ AHedan*- fottbdPThey ive expreiisly \rf^t, ought they have al^o^ the Duty ^f |cyhivc'tnert- ng is ^rertainly i, AUegiance Ki<^ knd his Kiiigand the Kiiig. Tritoak wm to Hia^ MiJ[<#;ii^ *' \-.. iy«rforoii^|ui|ty, of fhe whole Oiarge^ kn^ that the t>mccf-irl$H Bfe cbmittkiedKHiih Ty^alpo. wkE^ i)i#<3li«»^ib6^i:4ir«itt i^ third. • ■ ■■ . ^^- • ■••::- ■. ^.n / ■ - . May itpkaleyonrHoaiPprsi^v ' :.AQ-/y^\ ■■■:i:^T i .1 i^ight lier« ]perhap| cloCt the Afg^menl ^Mout fbrdier Oblil* tatiOtt i but one Atiaiolritv, which : I faA^ kiitadi biii tLt^A d^ io forcibly; thiit. I Ycqiias faliea from -lay tetmed fVfohd; ^ Attor^^^ ney Ceneral, in Anfii^r to^^e^A^g^iBeiils, ufecl ia Sop|>ore ^ ( the Motion- in Arreft of Jtidgneiit^ I (hall Mt lahe op mudi' of > the Time of the Conit, knowing- thft «heplljeaion% whidr.we have had the-HoAor to oiFeir, heed OAjy^ to be fairly ftatedi 'and i that the 'Court wiH >giye thctt ^ibhl'.feriout p^nfidflMdon* whia^ \ they Inav / And I muitftill contend ttpon theHrftt^rorndtf tliaY, from the ; j^in aild nilnrai Conftitiaion of the-Wbtds- of th&< (bfeutc>«ai . Sdward Illf it caaBOt 'be- confidered u -eaitending toCanadlH-jo ^ , al t(> midie any Attempt to 'fobvert'the*Govenimento|t|i|'C(Hlil* tiy* High Treafbn under duR Statute. i^r Nbr do^l conceirei thiit the Qnebec A^ has had thoSffed-to in| » I* f ^1 K^nMBflAlElGf itMt ihg. MLdUCNllCIlL ft tu $^uimiy(tfm^ ccouBt, be conuocrlfa defective. .^^ TO- A Subjea, «mfty'Oii^tlui •Tfiik HONORABLE XmrEl^ JUSTICE. \^ _ well-kncwn th^J^;^ jSi.acc o! ture, the erimioal JLaw of SA&lafl yince^ ^he crimiiial 'Statu^^ ^w ojf Englaiid, as the criminal Law of moft "Countries, is gelieraL Some, Statutes indeed are T«ftri6Ud to- the Realm, others tqA^r^^rCjiotmMRf ^, ^ there lHenjiiir*l|ifi*t:ll|ejC*»«fe(!?^ ^pOI!l wJiDch '^uft jftl^^.r,. jC, # ^afii» ^euipaiii, i>j^ i^j^gjij^ t^e jpK^f^tP^onf liOnit^ liii«g»^ :536>rdM«l^ i95» hfrf. if no Reftri^ion or ^Limitation, cither of Time ^pr Kl^^t. . 1(^ ijfr .general Claufes arc to be d(;^n««i ^9Rf^> - T^« >«! f«»ftt?WlIy ,apr ^i^:- -:..:;•■ .... 'Number inmm^nt m le criminal indeed are Ap4 there " tm t" <^ ' - ' W^lr regkidlta tke il«cdii¥ ObjfatMi»ri«^at (hi^ IftliiftilidH^dde^ ^ nay ap(>{rar to come with a very bad Grace, alter lb» Pfciai^tsiek ^ 4«i prove himan Alien. ,lfnhtMtieceffjk^^)ft^fttfAlt.tackm the Prifoner is«>Stfbjift« it muft^bvibdeffiMy'dKhlr "l^ii ^*li ^Itla^ter i^ Fal6ti^ d»iii«iMi|ttD«iafHri««Mw^ 'A»m*:tA^t»M^9§BkiLb'^i^ :|ffadia«oN»y the 'Eiridence; ind if '{^^ m^.kitiiegiky ia^a llMxet •f FieUM^ ^di>>«inniUlti(it^ at ftitxHrty t*thbk to^j^citnthe^'Jadl^entbfoaafe. &it ' f Avabf0lttte^6csii- ^of the- Term it t8)^Ifalfe Fa€fc;i^ and^cording to Mr« Jn^ice* .FoAer the fafer ;v^y is to omitthcmi. :Tbei£l£encei.of aaliidift* thcat for TreafioH is this, that the Cjiime ebmniittedia againlt the iDuty biF the Piftrty's AUegiance ; for, a« JLord Huh obierVei'm • iCra^ourne's Caie, ^^ >if ihe Crima be'noc agaiall the DvAy 4ti hii ■ fAllcgiancei it canixft be H\gh IVeafon." ;The Prifoner is.rchaiged . an the Indie^ment wtth ha ving^edv^again (I hi&. Allegiance : that 'Allegiance which he owed as being ot the City of Quebec^ in - itbisProvince,^ Merchant; forahat, isthe ^chi^tion by whicl»be 19 d#» -hgnateci in the Iiididment. The temporary and local Allegiance to the Supreme Power, due by every Sojourner, in every State, is ' ■ : ■M ' i iV ^^ . • w , T '^tH 4llfVligM»io O^vMiif *LHM(iK>I4 ittp y««r Hindi 'V«# iliiljrt,|iiii|ti«^ TfMlbii/liAvc^boM amigMd i^op A^ Md th»rG(MiiMry» wluck Cawatj btve * fitund fot pMikir. •Wbat hMttymtjmkyi ferVourftlfwfay ilte^C4«n Oiould 1 *: A imw^^ 4?nmin$, Crx«rini f r I to fey*' I ^ -1^ W^ ^nf»V»M. Crx«r jiaiko Proeltinfttion.' »- ^^kW |9A»(mMM4«U«MiMiet0lP«ibfntO'ltt«p SikiKt #hii»' :jS^qi^;€i{ ^tsikm 9l^6mg itg«Uift IbD Prifontr M th« Aar, utMMi ^M >j «u.^ '^ n;tWr|;jr justice. r^YoltJittf bdew indiaeA forilic Grhiie of Hight^dba, to which dndi^enti.yoit fdeadflc^JBCgiiikf, ind Ibr your Trial'pnt'yoniw^ ieUpii God ■ndthoCoiHitif.lT'fvmdi Gonntry; you have been rouikl guilty* «You hftve hten.tiied by 4i i«()Mi4SlaiUe ' «iid intelH gent Juiry, i4anK oif orfaom have JierecpCora fidinrcd on lAic Graiid Inqtieft. Vour rTiiaiJMS/bceo aftCondedwhhimcfaGireamfkanoes'^f Fairnefsj Openi- «^8 atus X«nity« a»do noi obtata m>any«Coontii]Mipon Earth, eicept ivhcy^tbe^Lawa of £n^«id -prevail; Mora than twenty Days have 'Clapi<;d ianlee yen w^re acquaintecKwtth the ^rticnlars of the Charge^ brought agauiftyouv and hcis^.aUoireda Period of twen^ Days, yon might •ttud fot MltfllOttld Konling^p • r f 3ut ttpoa ^a, to which I'put youiw beenwuild ligent Jury, biieft. Your fs, Opei»- itth, ttdept Day* have the Charge Ito prove it, L and ibigbt ts charge«i I been heard |anty of the Crime; i'l )ofe on this »y». yoo night C "5 J ■HNiy MtiNilM*. Raa«a, therefate, whethei^ ytw hive tfolhe«tt |iitl« l^^^«inoftimjUft>Atte«|Kil(piBftthMGttv4rii^ 7 W lt.«|ipiiMtla«viriiiiee».tMt yteti Im aii Alfeii lethe l^'iQot cni« «neiiC,nbiit>'MMlMdlttg>#Meli yen hute heen IrdM w|di diefiuMi Jad«lMcfiliib«tVMAhli Mijifty'l Siibl^ |i^|^ <:itizeni off the United Statti, many ^'^homihi^iifhm'jtMk TeOJtnawy «o theiiiililWi*Ofiica»fftedfTedlttl« the Khig^ fuiMa. U it an JoteKOurTe Krf eriQi lo eheri(h, §• will wi# (SkblMf MM «f wiih I«dividB4li,.«id at it isnotprtfhaMe fbilybu pCrfiMaHf h««i received' e^ Inyntf iirom ihb Colony^ you have betitt ffiajiStif -^ ion imtMrovoked Aitemptagainft'thif GrOvcmincBt > ''' ^ iitlavia^hierdpffronieDifturhaneee/that «rei^eMiletf^Afca»itiKt ■of the ROad A&, you falfely concluded that Hit Majefty't Ganadlpl Subjea» were dilalTeaed to •Ooveran^t^ end m4fw IjalitWk -Rebeliipn, which you^irera #iUfiig to CottduAt Yo^ ihmjl Itaye I-fceljiwn thai ti it eafy to^ provoke Murmun on li Ilhi Otcim ift tth Ua, segulaied Sutetr i* Eagteed finiibr DifitoilMrtalA^e tHkm piace>and fiihfided^aritt thiaCduntry} for^afii^'Eij^^tteehaa coikviaced the People that the Meafure wai greltly fM thehr ilenif. . fit. Putting Confciente out of the Queftion, at a prudent Mtn» * you had no Croundt to |||0 Upon. No 6ii6, thttt^in, but t rafli and unprincipled Chara£^r would haveengaged in ib'd)i(|perite aa Enterprise j^nd no one hut acrtlcl and iaotiiaan ChataHerfr^ld have projcded luch Meafurei focartyitiafo-Sxeeutioit.' COfifi*' dcr tbeoy whether you have ikM been guthy of « eHoft^atrddout end fanguinaiy Attempt agtinft^t Goverameni *-^ ' ' Perbapt youniay tbinkdiefeTcraiifaVour of a Spin^ofltcfmiafih; far from itf in^yoiirpitiaUeGondition^'to betray fuch a'Temper were very unworthy. No—they are uttered in the Spirit of Adqionftioh and that upon thit Prinoiple; > Yc>tt feem to pofiefii a ^good ihidi^* 'ftanding; I wifh therefore, to faften on your Mind the Per&iafion of this manifeft Truth, which nothing but the moil perverfe Obfti- ^asfiCy call refiil, nemely tbat^ though your Defigm^wtre it|oft h6Aile againft this Govemmeiit,yet you have experienced that fair Trie! y the Convi£lioa of. ofie Truth may prepare your Mind for tlq^ Admiffion of others.and finally prpauce tfaat '^enfe of Contrition and iReoAorret which can alone expiate your dan|pou% wicked-Crimet* ii9^ i;. >%• fW^t I its % mm «WNr«!?f! #«^%MDtciM,|^illwdfiic»i« iMAn/ottr |MttiM«iMiO06|bt ft!|{mil$H^I|e4|(»Jiy«f;M^lj|ii||i|Kiiiiit^i^^ Itent- ^f^p4}||iiAit«vV«4«PrJMijf^W«r» '41111 J^ ihoi«9b9«irili«ff«r We J^gpTi Afl^it ^\l ^ /)i^ i^yerMidg,, Mercy, bsr^du U that iiloh \A^y9mJ^oHkw»!Mmymiifi'eMmiiS^^^ . ^: AV%WI ikiPIPJiWII iliT«^1<^ ^.4KHp9^f the.JUtle Hf BaMOutibfi,. .•^(.w|iM%ydpii^il^U4|«|igf4 >|&^t|^i Ncfik^ iMil'^iMttUljrou ate /tfcO^ftn^ lm>l^ wom yO«^ Fi«oi»ilMm ypwr HmiI null lie i«ve« ^tt^ l|NIPjr%^S)fbVi^bi^iW«ii^ bedtiralit^liito UmrBaru, i%iW:f^^r ^caKlil^Qu»rtfi?>f>« lh«. Xtngit iDi^pofair end tie fciKSwiiAlcT9»f|y jOfimiiRAV i»f»ve4, thn -a Oa/ diould be fatkd for the £3UKUU0f.tr^ia4:t^,CoMK&;9ilpointedlFrifda7r, the sift JD^ i¥!fb^.yim99^^^»^'^m^^^^^ fcHdwes attended hy j""-; ( V! ^^u ■NaMpMMlMWi ■w •. *» J^^ (Dtvid M*Lane)/ttfjy/if A> fTis r 'tfrtirtnicfiiwM iaJtinJrm th common. Gaol mdplactd upon a HiirdUi'wh^'-X •mvidtnJi&ittSotemiiiiy tomrdf the Place of Exe^Uion^atundedhy thtShtrJf mdPme OJiteri of the Dtjiria^ a miltiaiy Qmard of My Men and a '^eM MkltUnde ofSfcOaton. AbmSqmrtof after ten the Hurdle drew ii/» ^tiofeuthe Ga4hm erOled upbntht GJaeisxoithout the Garrijon WaU-^As jfoonMUtJiopt,M'linieroJeup hems driffedmwbMe UnenXireiu CloatJts, mki wore a w kite Cap on hts Head, J he Reverend Mr, Mountain and ' ' the ai¥'- .;■■■■■■ pMitt.>Ttail lito impiof HMtll UlUDt- Hiiigt* wkofe •ilMffar We 1> tlut lilBb. nr.> «>'• tfi.lcune«.'My& if. Esflcutibp,. litlClyiMi A»e Boifelt'itakia nmli Jie feve* lonr Faru» kouldbe fbbkl thstsil'Day i^the MotA* 1 attended fay IiUrdU,ivh' ** uive «^ Soul, J long to be with my Jefus*' emddroppdJiit Hmndker* chiej as a Sipicl for tht Ejteeutioner, who^ m/laeuly turutd him off^Hk a/feared tofrvgfte with DeathtM a JkortTtme* . TheBodihbigJmrJioeamltetentyMimdetandwatiheHeutdo w it A Pht* firm, with a raijed Btoeh upon it, wat brought near ihe Galkm^ and a fir§ was kindled for executing the Remainder ^the Sontonee. The Head mat .out offi and the Ejuaitioner holdiag it up to Public View, prodaimod it ^ the Head of a Traitor "^^An Meifion was made below the Brt^ aetd a Part of ike Bowels taken out and hirnt; the Jour Quarters were marked with a Knife, but were not divided from the 'aody. The whole oj the Execution took up about two Hours, and the ConduS of the unfortunate Stferer was in every RefpeR coMj^ed « t « • » • • t • • r • • • • • i • « • • ••