s
0%
^
W'
%
^'^ ^
V
IMAGE EVALUATION
TEST TARGET (MT-3)
1.0
itt m
lU
£ L£ 12.0
2.2
|j^|U.|i6
1
Hiotograpdiic
Sdaices
Carporation
'^o
^/
'k^
^
'^A
^A^
V
4^
^^
•s?
<^
«^.
,'V
<>\
>^'^\ ^
w
;\
23 WKT MAIN STRHT
WnSTII,N.Y. I45M
(71«)S72-4S03
CIHM/ICMH
Microfiche
Series.
CiHM/ICIVIH
Collection de
microfiches.
Canadian Instituta for Historical Microraproductions / Institut Canadian da microraproductions historiquaa
Tachnical and Bibliosraphic Notat/Notat tachniquaa at bibliographiquat
Tha Inatituta haa attamptad to obtain tha baat
original copy availabia for filming. Faaturaa of thia
copy which may ba bibliographicaliy uniqua.
which may altar any of tha imagas in tha
raproduction, or which may aignificantly changa
tha uauai mathod of filming, ara chackad balow.
□ Colourad covara/
Couvartura da couiaur
I I Covars damagad/
Couvartura andommagte
□ Covars raatorad and/or laminatad/
Couvartura rattaurAa at/ou palliculte
□ Covar titia missing/
La titra da couvartura manqua
r~~| Colourad maps/
D
D
D
Cartas gAographiquas an couiaur
Colourad ink (i.a. other than biu« fr biack)/
Encra da couiaur (i.a. autra qua b«<»ua ou noira)
□ Colourad piatas and/or illustrationa/
Planchaa at/ou illustrations an couiaur
□ Bound with othar matarial/
RailA avac d'autraa documa.'4s
□
Tight binding may causa shadows or distortion
along intarior margin/
La re liura sarrAe paut cauaar da I'ombra ou da la
distortion la long da la marge intAriaura
Blank leaves added during restoration may
appear within the text. Whenever possible, these
have been omitted from filming/
II se peut que certaines pages blanches ajout^as
lors d'une restauration apparaissant dans la texte,
mais, lorsqua cela Atait possible, ces pages n'ont
pas 4tA filmias.
Additional comments:/
Commentaires supplAmantaires:
T
t(
L'Institut a microfilm^ la meilleur exemplaire
qu'il lui a AtA possible de se procurer. Les details
da cat exemplaire qui sont peut-Atre uniques du
point de vue bibliographique, qui peuvent modifier
une image reproduite. ou qui peuvent exiger une
modification dans la mAthode normale de filmage
sont indiquAs ci-dessous.
I ■ Coloured pages/
Pagea de couleur
Pages damaged/
Pages endommag6es
Pages restored and/oi
Pages restaurAes et/ou pelliculAes
Pagea discoloured, stained or foxei
Pagea dAcolorAes, tachetAes ou piquAes
Pages detached/
Pages ditachtes
Showthroughy
Transparence
Quality of prir
Quality in^gaie de I'impression
□ Includes supplementary material/
Comprand du materiel supplAmentaira
□ Only edition available/
Seule Edition disponible
r~n Pages damaged/
I — I Pages restored and/or laminated/
rrn Pagea discoloured, stained or foxed/
I I Pages detached/
rri Showthrough/
I I Quality of print varies/
D
Pages wholly or partially obscured by errata
slips, tissues, etc., have been refilmed to
ensure the best possible image/
Les pages totalement ou partiellement
obscurcies par un feuillet d'errata, une pelure.
etc., ont AtA filmAes A nouveau de fapon A
obtenir la mailleure image possible.
T
P
o
fi
G
b
tl
si
o
fi
si
o
T
si
T
N
dl
ei
b(
ri
rf
m
This item is filmed at the reduction ratio checked below/
Ce document eat filmi au taux da rMuction indiquA ci-daasous.
10X 14X 18X 22X
12X
16X
20X
26X
30X
2«X
28X
32X
•
Itails
t du
lodiffior
r una
Imaga
Tha copy filmad hara has baan raproducad thank*
to tha ganarosity of:
National Library of Canada
Tha imagas appaaring hara ara the ba«t quality
poasibia consldaring tha condition and lagibility
of tha original copy and in icaaping with tha
filming contract spacificationa.
L'axamplaira filmA fut raproduit grica i la
gAnArotit* da:
BibiiothAqua nationala du Canada
Las imagas suivantas ont *t4 raproduitas avac la
plus grand soin, compta tanu da la condition at
da la nattat* da l'axamplaira film*, at an
conformity avac las conditions du contrat da
filmaga.
IS
Original copias In printad papar covara ara filmad
baginning with tha front covar and anding on
tha last paga with a printad or lllustratad impras-
sion, or tha bacic covar whan approprlata. All
othar original copi«s ara filmad baginning on tha
firat paga with a printad or lllustratad impras-
sion, and anding on tha last paga with a printad
or lllustratad Imprassion.
Tha last racordad frama on aach microficha
shall contain tha symbol — »> (moaning "CON-
TINUED "), or tha symbol V (moaning "END"),
whichavar applias.
Las axamplairas originaux dont la couvartura an
papiar ast ImprimAa sont f ilmte an commandant
par la pramiar plat at an tarminant salt par la
darniAra paga qui comporta una amprainta
d'imprasslon ou d'illustratlon, soit par la sacond
plat, salon la cas. Tous las autras axamplairas
originaux sont filmte an commandant par la
pramiAra paga qui comporta una amprainta
d'imprasslon ou d'iilustration at an tarminant par
la darniAra paga qui comporta una talla
amprainta.
Un das symboias suivants apparaltra sur la
darnlAra imaga da chaqua microficha. salon la
cas: la symbols — ► signifia "A SUIVRE", la
symbols ▼ signifia "FIN".
Maps, platas, charts, ate. mav tea filmad at
diffarant raduction ratios. Th^^sa too larga to ba
antiraly includad in ona axposura ara filmad
baginning in tha uppar laft hand cornar, laft to
right and top to bottom, as many framas as
raquirad. Tha following diagrams illustrata tha
mathod:
Las cartas, planchas, tablaaux, ate. pauvant Atra
filmte A das taux da reduction diff Grants.
Lorsqua la documant ast trap grand pour Atra
raproduit an un saui clich6. il ast film* A partir
da I'angia supAriaur gaucha, da gaucha A droita,
at da haut an bas, an pranant la nombra
d'imagas nAcassaira. Las diagrammas suivants
lllustrant la mAthoda.
arrata
to
I palura.
sn h
D
32X
1
2
3
1
2
3
4
5
6
TRIAL
i<^
OF
Dr. MORRISON, M. P. P,
FOR
iHii©:s »jiiiEi,s Dsr^
AT TORONTO,
ON WEDxNESDAY, APRIL 24, 1S3S.
A^;:^
TORONTO:
rUlNTED BY DONLFA'V & McTAVET,
CHURCH arutLr,
183S.
^■il^l.^i I 11
IP(D ^Ba lPl?!Sai!I(Do
In offering the following Trial to the public eye
the object of the publibher has been in the first place
to give the most irrefragable proof that Doctor Mor-
BisoN—ihc unfortunate viclini of public prosecution,
was an innocent sufferer from the jealous and nar-
row suspicions of ofiicial subtlety ; and in the next
place to bfford f proof equally strong that those
who were the avowed leaders of the Reformers
throughout the Province, were as hostilcly opposed
fiom conscientious motives to the late Insurrection,
as those whose boasted and obtrusive loyalty is based
upon u sordid adhcicncc to power and place, gained
by corruption, strcn^iheued by family connection,
and held by the tenacious £;rasp of patronage and
cjLcIusion.
TRIAL or Or. MORRISO:^, M. P. I*.
On >VrtJups»,»y, llx' aifh n»i.. Dr.
Miirrisou, ;M. I' I*. f<»r i»h' 111 lliilint;
4it ilie ('«Mn(y<>t' YorU, uih Itfoiprht
to llie H ir, H?iit Hr aii»m'«l for llitfh Troii-
»tfi. Tho in<)i<Mtnei)t ronriii'ind two
r.oiiiit«* : thn rir:^t wna foi- cninposiiit:^
tind piiltlishiiit; a DHflurnliitn iit a meet-
hit! ht'M nt Ml. iJiM'I's Wievveir, on tho
2>< li Jul/ Imt, witli I. unit to »»xcitt« res.
hellion. Till* 2n(l foiiii*, wiili Invyin^
\Tnr ftU- Ihe |»m|HH(« «>f Hubvertin<r the
C] tvi'riirur'iH ol thii* l'r'>viTU!<'. 'Vho
«M8t was tiii'd jje'orH Mr. iist'nrP Jones
(•he Ohiff Jdsliei! iiavini; cx|irffli>0(l
liis ntivVillhii^tiftsi! to |»re«i"l<'.) The Al-»
tiH-nry ClortHi »l (Mr. liiigermrtn) c<»li-
(Itii'leil (li<« [irns<lcMili(>n, and Messrs.
liddM'iii, itts'vpll and McDonnell^ ap-
pHdied for th" d fence.
Ali«'r Si'viTHi rlia l«'nco<i rtn ^oth
a «ii's, the lollovving Jmy was cmpaii-
iinlled :
(i. It. *<pen<'»r,
J. I^. IVriiti,
.1. M. Mtirflii-'ftn,
HilitM ItiinliMiii,
IViiT Mi'Ar lniPi
t-9oig«* .Vloore
"Thiw i h.«iii|iiiMi(
W illi.iin l{<i<s,
Tlin-< Itell, I'lin.
. -T^iiis .Vlilli'irn,
-Willis ( litiksoii.
After lh« name^ »»f tltR JiiroN were
Called over, Mr. Hoswell said, ho ho-
ped hiii Lord-iliip would allow i)r. Mor-
rison a seat ni'ar his Counsel ; tlio
doi'k was so confined, t'v't li" could not
t'li:in<re his positidn ; aiMed to wliioli,
tln! Doctor wa< in ratli'^r a had slate of
health. Mr. Jnsilce Jones, aHer sotne
hesita'ion, s'lid, he could not comply
with the req'iest, on the score of con-
Vt'nience, hnt as the prisoner was in
it! hedlh. he tni^ht be uPowed tu lake
itie seat fronting the Duck.
Att'y Okn. IlirtKiiMAN then one n-
cd (he Case. It was, ho stdd, dilUenlt
to dive.st the mind of previous recollee-
tion.*; They had Seen th , prisoner
mnvint; in a respedable sphere of life —
they had often walked and talk'^d with
bini ; it was therefore natural that they
should incline to mercy, and ho did not
quarrel with iliein for ihejr feolinwa, be-
caiisn it would bo an obliteration of the
iiioht kindly part of our nature. Yet,
thoso feelings, slronj; tho" they may he,
whould not prevent lhr»ir doin^j their dn*
ty to tboir Uod and their country. The
priKoner he said, had been Chairman to
H Commi tee, from whom hud emana-
ted R document callinfr upon their M-
Inw-Ileformers in Upper Canada to
el<'ct deputies in order to meet in con-
vention in tliis City toir tliH purfMiM d(
coerciriif ibH Le(/iiilature into ouinpli*
unCe with their views. That it may not
Hiter tliH mind of the Prisoner at th«
bar, tlr any of the party wlio callHl tb<« .
Convention, to effort thn death of iho
Kiner, oi* subvert Monarchy, yet if it
did produce that eflfect, or if tiie ireana
wnre to be employed to overawe tho
Legighiture to compel them to do some-
tl|iu<< tlioy would Itot do, it Was an overt
act of Treason; The Kin^f cannot,
antl dfire not act conttaiy to the coro-
nation oath and tlili principles of tlie
Constitution, to attempt to coerce the
Kiiit: to do somethinjg; contrary to those
principles is to commit nn overt act to
depo.^e tho Ivinc;. The Att'y Cionoral
then went into argument to prove that
the law of Treason was tlm same in
this Colony as in Kn§(lund; ttnd tha) any
attempt to destroy the Constitution, td
coerce the KiUfi to take the authority
out of his hand is an oVeft act of Trea-
son Tiie convention about to be call-
ed in this Province, Was to induce thfMe
in povver to jfovern contrary to their'*
opinion, to induce the King to act con-
trary to the principles of the Constitu-
tion, to >>!ter the system of the Consti-
tution, to alter the system of (vovern*
ment, to assuitte the Sovereign po\^er<
lor there cannot bH two Sovereign pow-
ers. Mr. f lefTfariaan titen read extracts
from the Declaration, and commented
on them with much severity, lie said
8t]ch lang[uage was not necessary in this
country where the principles of monar-
chy were not so rigidly enforced as in
I^]nglan<l; He would declare, that if
there was a coantry in the woJd where
the admini.otraiion of justi e was poro
and aucorrupte<i, that conntry was Up-
per Canada. It may be askud, if ike
prisoner at tho bar signed Uiis Decla^
^
ration no \oufC (^'•tk <ii> tin* 1st of An-
gust, why h.i(l lliey pDMiciiUvi at lliin
].i(e porHid ? lli* wuuid not i4(«*iiiiti «»
vindicate himsolf (|i«>rP, hiii Iia hiiH cnf-
lieient rcHsono for Iii4 tnnduct when
cHlInd nn. IMiore wcro oth«r pcrnons
in tb«» Province refponsiJiln for not clo-
ioc iheir doty. 1I«« (Mr. M>i)||:<>rmiin)
would, huwAvfir, cnndidly state it Rro!«»>,
in n i^rcat m<*a8are, from the diillculiy
of ffbtVtti^ juries to eonv'ut the acru8(*J.
All ultcinpu had hithortu failed. 'IMieru
H'H8 another reason — tlin event coniom-
|>lut('d by that fmper had ocfurr^d. The
ronseqnMnceof its publication lias bfen
ip ^viir, and d«i you think, a prosoculion
A or 6 niontlid a^^u, would liavo prevt>n-
ted that ? In his opinion it would not,
but an acqnittal — a vciy probable iU\ng
*hen — would have douH much damui^'H.
'I'hv (taper now produced, wab the cause
of that unna'ural war, which has bro*t
I his oiine happy country, into a state of
liluodshinl and murder, which many
wivnfl and faniiiiHs will mourn over for
many years. It was, he thought, ini*
)toN<iiblenot to Hftn that this Declaration
bftd produced the late cruel rebellion.
Why then, not ffo the root of the evil 1
or Im>w will jurors an-^^wcr to their coii-
[ sciences for un acipiitial ? It was the
I (iOol, deep reai<on)M^ of such mm as
> the prisoner at the Uir, which produced
those direful eif«^cfs. Macken/.ie was
ntot the mastermind — he was a vile and
:^7Tt-8tless creature, without sufficient
':§ grasp of mind to accomplish those
* Sfbemes; but he whs the torch used by
the incendiary to accomplish the work
of destruction. H« would ttow pro-
cced to the second count in the indict-
ment, which charged the prisoner w ith
actually levyinfc war. lie did not be-
lieve* until be heard the bell toll on tlie
nij^ht of the 4th of December, tliat iifty
iiten could be found in Upper Canada
tn lake up arms, but it turned out i)n
was mistaken. 'J'hre«f witnesses, be
>H{«i, would swear poailitely, that thoy
Itsid seun the prisoner at thn bar with
Mackenzie, lie did not mean to say
1 but that they mifrhi have Im^cu mistaken,
I but witen the Jury s>ivv llie conn<'itiou
oi'./he pri&auer wiih that paper, hii 1 tlio
[| ctidL'utc ui il;ice wiUicjCi u hj will
9
f*wi«ar llii-y » iw him «»n Vi»nsri..Si.,__
Mit'n I* bn tiavf kuiMUi liim fur ye.ir* ;
wiiliiii II short «ii.<t;iiii:»' t'lmu him on a
iii)»bt not »H»y diirk -Im* l.ll cuiilliltnt,
th«l fin s'irli tosijnioiiy, ihu .liiry would
find a vt'rdict ot (iiiiliy on boiii rounis
ol the indi>'inient. [ I he above is mere-
ly an outline of liie learned .Attorney
(•enerMl's speoib. He occupied the
juiy a liMtpt lime reiwiiui; •'xlintMs frnnn
the sfvcrnl opitiious of Chi>>f Justice
Ayre and Lord (^InncTlldi- KIdMii.
Je/in F.liiott stroni — Urs'(l*-.s in
Tiiroiim. [ I'lic (.'ol|^ll|||li III iifw>.|(H|i' r xuit
hiii)tli-(l 'i> iliu \v>in«w„ tiv ||,„ .MliiMi'y (itn.e.
i.il.| Tliiiik^ llu- Di-clat'Aiitiii of KrlDiiiici*
|iiilihi«li*><l ill ili.ii |i.'i|>-r III !iiiliM|^rii'e lli« rhiii*
«!« ildii |i>i>t»'ii(f<l III i>ie iii'MMing III Mi<l><H-)'ii
liv Dr. Mii>-ii<oii in Julv lii-t. U'iiiieiot hi-ioU
iiH 8(>i'i'tflttiy Rl tliiir iii<>(>iiii^', Ixn iii«1 mii cm.
(iHie tlifl <<ii;;iiitl (Ihi'iiiikmii filli the pn- cut
i.i>|iv, cnii thiMororcuiiiy k|i«>:(|{ tiinn irrtilltx* inn
- Dr. Mnniiion nditrfxMMl i|i» iii<>i>riiij. iljii
ii|ifOclt liiiil liiilc li<*H)iiig on ilic (Itfunirir \,m
reU»e«l lo t!riif>ml'hulijiri<i. Alioni .'iOO |m'I iuin
RtiiMiili'ii Hi)(l Mr. Ii liii M<■fl)tlt^ll advil iis ilia
rliiiirninn i wlu> is hi pimfitr voi y ill. 'I lit*
D«*fl.t>aiiiiii tvAM read liy .VnrKTii/.ir it liriim in
lii.'« littiiilwiiiint;. CMnnoi siiy iliai )>i-' M>i|i.
Kon rvi!!* sitinoil it. Witness hii«>ii<I«'<I iiliii»<l
f'vory iiierliiiK ot ll>t> I'liroiiiii I'lilitirni I'nion,
\v|ii< h WHH lir»t (ii'triti iz<Mi ill (K'|rlii>r, ib:i*i —
1'lip ronhiiiiitioiiiil Kiroiiii Socinly ol uliitti
l)r Halilwiii unr |.rf«tiii'iil, lnl■l^l>ll inio ilii>).
Never ^a^v Dr. S««i')*li or Mr. Kiilnttli pri'siwl
lit liny of tliOKe nii'i-iin^s, tliou^li lut Ih'Mpvci
lln-y wore not o|»jn>cii to tlie iii'oi'crilinuo of
till- KclorinoiK. !)<> pu^ntcii \v«>ie rlio!-en. jMr.
Elliott liiMe trad ilit'ir iiani«i>.) Di. Morii-oii
wn-* iht'i'i* »\lii'ii I'liTtcil, ns was also Mr. Holit
MrKav ; I'lilior ivliisc I tn aci. I>*<Ii<};i<I«>k
nrv«T iiu't. Ill Oi'iolier Insi M.irl<«>ii-/ir a>l>i>(t
tviiiKvit 10 niienil a nii'i'iinir nl reloi in<*i> ; it
Wiik lifid ill Mr, Doel'H |iHrluiir aii«lH'Hiiii M or
10 IK'iHiiiis oiilv iitli'iiiltMl, Markeii>;ie in llii>
o)iii't>o iif conver-iiti:)!! ineiiiioiii'd tnat now a«
llie lioo[i4 WIMP wiiliiliawii I'diii llii; rity a liiif*
nppnriiiiiily was priisoiittMJ |oi MMzint; on tlip
ami! ill ilip liiv Hall. Dr. Mnriisoii iok«: to
leave tilt' romii anil appoareil viiy iii<ti;;nant at
Marknieii* ami saiil " Mr. .Mark nzie it you
tliiiik to entrap me iii'o anv ku |i muil 8< licii.c
I'm not your iiiHis Dr. .Vui'iii<»i hiiiI Mac-
lieiizic liiiil some MiiIp nilrrraiioii wlien the
niHilpr ili-oppeil ; the Doctur iliO fot jio away.
'J tiink'i lioni what lias Hince occurred Mackei^«
zip i-alli>d ilie ineptinif in urili>r tu I'ounil tlit-oi
u;i iliu guliji'vl No iiieeiin;{ut ili(> l^niuii aficr
lliin. nor ot course any lliini; I'lirllier said on
tlii'Kiil'jpoi. TliPie tveip fiiPNeiit at that in«'et-
iiiji: — 1)1. Mori iiMiii. John iMarliitunli, John
Duel, Kota-rt MacKay, John Arnistron^,
'r. I'mMiiis, ,!. .Mills, I'liMiiias .\lnl^ll<'1lg and
wniicw^. Kviiyoii*' di«eiii«<l liom Itip pio|Hi.
^iliI•ll iii.iil.' tiy iVl. Lki.i.iie uuU liiOiiiili. it a uuiJ
en
Ihinl
('iiii>li II
|iii'«'iin'.>
M irM».ii
one pull
lli 4 spri>
the tii'M
wap|«»(l I
III' Ndiiiii
k iliiiixii
• .'lii it or
slxnit a I
th-tl rvm
the pi-nfi
HPi iii<iNl\
nl' Dele,
I'lfain nil
Th« Hit
RK eiiilioi
lindpi', I
reliirni'T
to piililir
inadw at
Miiiiiln ;
I on ilif^ SI
\ ha^ vaid
j pirlor w;
j 1 1 IK Ins I
.; r r<'iiiii>ij
i iiukIp lo
i M'l i.,l|^ |i
i ali'4iird.
hy tiip IV
tun ~i'Pin
no know
t- •rir>i||i»i
•►••li hi II
Ki'loi III *
lo ,-onloii
in (irpat
liohc
III lllp II
lead and
npivi-p.ipt
III itA Iti-ii
was one ,
III' al'ti'rvv
not sav II
ji lof ii.-it
Alloi'Mcy
the Dei'l,
Ma"k<'iiz
('iivilall
UIKl (loci
Kuril a 811
iiiiliviiliia
< liiiiiPi'ici
u'^s nlmu
that Mav)
(iouht noi
CIIUI
The D
III hiiii;( a
htitiiliona
ifjei'lfil 1
alwava ih
hi lii'.lis
• y»Mr.;
lim (III a
y wiuiltl
1 r-oiiiilif
if incr»-
lied thM
h:{s from
Intl.
8'(I«'S in
ilH|l' I .TUrt
ii'V <iei.e.
RrlmiiKT*
til*! RHin*
Mr. l)<H'l't«
lieHH H«'l<>()
ll llltl !•• Hl-
i« pn- tilt
i>i-«ilUx ion
tin:. Hill
iMiM-tr liut
00 IM-I' ktllN
rifii ;l^ ilia
ill. ilii^
ir l>«'in^ ill
U- M "|i-
Icd aliii'Kt
ichI I'liion*
IT, iM*i—
f <»( wliii'tt
ll itIlO lllir).
nil pffKi lit
i« liflievc«
l'(>(Mlillll'< of
n-en. jMr.
. MoriiMiii
) INI I Kiilit
l).'l.'^Hl.-S
iMizir a>k«'d
oi iiiri> ; ii
1 H'Hiiii H or
izlf in III!'
1 1 lilt iiotv »«
i; city a i'mv
zintr on tlii*
son roKe lu
iuli;;niint at
ii/ie ir you
iiud s< licii.c
niitt Mac-
I wIk'ii (he
ol uo iiway.
■tl Mackcn'
4||UIm1 tllt'lll
I'niuii Hficr
\f.r Miid oil
I iliHt in«-e(-
lunli, John
AriiistiohK,
iMKHIg HI'll
tin- piO|M(-
(,1k it a uiciJ
a
I
PNIHR I X«MI\ri> Rf M'l. flM.n«V'!«r
IJiiuU* ilic l>rii.<ra;i<iii iim piibili-lttil iii ilii<
( iiii>li 11 i<»,i ill <n'ii4)><)ii'a ilic niic ichiI at llic
iiii><>iiiiv> ; ;ill ilial Im* I M Day w.it ili^t Dri
M iriiKiiii |MO|i<j^cil a <l 'uUnHlioii ^inilUr lollii>
■ Mil* iiiiliiiHiif I. lleMiil l>r. Itioni^oii ti%v in
III* s|i<*i'(:li that lli(* HiiHh Coti'^tilMiiiiii was
tlip li'ht ill f!i«> wtiii-l. and lor lii^ parr lio
M'/ip|i>il III) iicvr titiiulcd <*oi|Hiitiitioii, oiilv let it
lit' mliiiiiii^ii- I'll ill iiM njh it: iIiohkIiI Hit? roii-
b iliiii>iiiil aci w.is not adiiiini-'rifd in t'K |inf>
Siirit or iro-Hiiiti-i, lit* ali>u ^aid H cooil Ji'itl
a If tilt a n-pon ili|.' Kxnnlivo. 4ifc ilii* ll•'^^•■.^i^y
ih-ii •"Kifti<''l l'>i° a I'onirotil ol llif KxiTutivu liy
llif p»>«|df. WiinvsM <!(«<••< not iliinli it whhpvit
K«>i iiiMhly ionirniplM«-d tu Imvf a ('on«i>n<ion
(iC DvlrualfH rallril tceiMlier. Ncve> lionrd it
!>f;aiii tni'iiiioni'd pvm in piivalr coiiv<>rMiiion.
'I'tiv I li'rl.i ration waN iiili'i|ili>d mine for «'lli>i't
as «-inlioilyin){ tin* ^riovanccH ilie Cuimiiy «*H4
niid(>i', lliaii any tiling rUr, aUo in Hionse
I'frornHTslo III" HCiivc, iNiuivv n new i'^pt»>iiioii
to iMildir uii|i ion. Nn alluginii wliii*f:M'i' wn»
Iliads at ill** nicelitit! to fi-paratioii *'i'oin (iical
niiijiln ; ii Dr. Morrison hai* imd anyiliinK
on iln- siiliiiTt lie would ''ecidJrrl i|. U'itn-i'i
Imh vaid lie llioiiulit ilir iiifdiny; in John Doul'ii
p.iitor was i-.illed hy Mack«*iij'.ii> to Ni<iind tliri^,
|i M liix iiiifiifssion only now fornu'd by nu-i-nl
r ri'nin^iaiM-r<i. ^i tlic time llie propoiial waa
n>ad«> lo ^'*■iK•> tlip iii'iiiK luokrd upon it nni in a
M"i>iii> |if;li), Inil Ms >oin«'tirni)( fliiiiioiirnl and
aliHtird, 'I'lir idea hhi ininii'diatidy rvpiidiali'd
l>y i\w Ho lor and tin* o(liei> |u°eMHit. wlio ilid
tioi ~i<<'in lo iliinK M'rioii«ly ol' it. WiliiPsH Ua^
no kiiinvlcdiio of any Kxociilivi; Coiiiuiilii'c tu
1 >rii'«pitiid wiili At.irki'iivie, ur to co op«^ia>(;
uriih hi n ill lli«> relMdIiiiii. 1'litf nanii' ol tiie
lii'loini Siu-ifl/ wan clian;{*'d Ik h plan adopted
lo coiiioii:) uKiic closoly tu tlia Political Uuiuii*
ill (iivat Itfiiain.
Itohcrt McKay Sftorn — NVas nresf'iit
III ilo* mottling wlti'ic tiie ItcclarHtiuii w.ik
load and adupiod* Saw it aftt^wards in the
n«>w>p.ipi'i(i iind nevi'r heard miy coniplaintA
i>r il:< lii'in;;' i'n|H'ir«eily piiiilfd l)r. Morrison
vva-; one ol llif coianiitiri' lliat p»port»'d i|, and
lit' aflt.'rwardf! addrcsrii-d thi» ini'etinjtf Ilf did
not sav niurli leuardini; tlie DttclaiHtinn | -V
litol iiaiin>8 'vas herf liaiid«>d lo tviliiriis hy i1m»
yMiiiri|fy tirneral.J Thinks thai Ijst ivli-ru to
tlip liei'l.tration. Wiinesx «>as present when
Ma"ki-nz,t> tipoke ahoul takini; the aiine in the
('iiyllall. I)r. Munikitn cut up imuiediately
and doclarod il° anyihiiic inore was saiil uu
mii-li H snliject he would leave ihe room ( every
iiKliviiliial preHRMl tion.ti'd the idea as lieing
I iiimerical and i|ie ihint; was put dotvn. 'I'hi;!
wfis almut the end of U<;tuher> Dpuhted then
that Mackenzie whs Keriou*, but bu little tu
(iouht now on the matter.
CIIOII^FXAMI.NKU DY MR. MArnO!fAl.n.
The Declaration in his o|)ii>;iiii only iniendrd
III ItiitiK aliQiii Kefurm i» in Kn^land in n con-
hlidiiional way. When the proposition was
iijeiled M Kenzi« >m nnd dspiiiled. Winuss
always th<)iinht l)i. Moi lisi-n inahriie. in hi'
1> )ii'.irs, .-*» nclli'li. ThM' .1 U o.i ill nil) r*i ii'»
o| jnioti*. The ohVet of the Ftf'rlniiitl in wni
lo aion^e tho Kelonnn •, and lo cive m new
e\iire«->i<iit lo pulilii- opinion on llle tuhjeri ol
I'li-ir urit-viiires • doi'ri not helieve a ( otiyi:n«
linn tva^ iierioii>ly lontemplard a« it wh nut
mienviirdri talked alMnit. Wiinenk kn<>w( f no
(•ei-n-t nnder-<l Hiding lo Hulivei I ihe govprnitMnt
— sneiiher did he kiiuw u' the uuibreak until
pnhliciv known, when the lielln of the vUy
weie riinu. I)o«'« noi belieye iheie ryer \fR«
nti Rxttcmive I'nininirine in I'nmnlo, «^'^h »t
niiiniiiinrd hy Mncken/.ie in hia Nariaiive.
John Armxfrnitg tworn. — Was pre-
M>nr HI ihe nieeiinu wlipii ihe llerlnration tvn*
■dopled. and mw !>r. Mnrriunn iheii*. \T\tti
Anornov Weneral l-err handed wittiM* on« of
Ihe rnioii li^fs. J Mix name i^ on lh:t lint In|^
he did not Miun it nrilh itnv (r^tiMMmblfi {llt«U>
tiuii ur trcrat understanding.
VHO'B ICKAMINrn BT MR. Bill.RWI*.
No deyitEn of enriyin^ anna wan ronleni|>liifiH|
hy Iheir ineetiims. tVaa prenent in J Docl'a
p irlonr when Macke^xie said huiiflhiiiK ■'•niif
^-ei/iiii! (he Hi'inN in Ihe Hall. D*. Mnrrixon
rondeinned inicli l.u| .'naue and threatened t^
leave th I room. The Uuiilur KHUke iif the
>:iiev:inte» of the I'rovintv, and that they
HhouUhio thfir ntni'isr in 4 eorpiliintinual wav
to ei<riefi ihi'in Wilue.* knows nn'hinir Qf
an Kxe<Mitive Cominiitei* tt) rn-t^perate >*itK
Mai-keii/.ie, nor did h« hear of the lising untij
piihliflv reported^
iaincs Latimer sMom — W^s \t\ t|if»
employment ol Maeken//ie »n a jonrntfyniai)
I'i inter. | The wiineria was handed a niimhef
of ilie Consiitiilion newspaper by I'he Ait'y
(t>'neral.| Kttlirves it in he the |mpcr piih«
lidied liv M.icKpnzie. SonieiliinK htmjlar to
that l>e<lar.)iiiin wan put mi into type i(i tin;'
priniiiiK uilik:e ; il wua in Mackoozie'd hani^
writini!.
eitoss-rxAMiN'En ur mh. borwrli..
Did not iH>e Dr. Morrison'o name to the
Doclaraliun when prinruif ii.
iuhu Poio.ctl, Ksq. ma t/or, sworn.— '
Weill to Kearch iMacKeii/.ic''> pr'inin;; otTicc
All the papi-rs Inund thuio were delivered info
tiie hands of Al'lermau Dixun. Witness did
iiul exiiiiino tlieiii.
Alderman Dhort sworn. — Recollects
Mr. I'owvli lirin>>inii papers which he said lie
tuitnd ill Mackenzie':! printing oifice. Wit.
iieKs look them liiinr* and e)(amined them, but
he did not And anything tu criminate Doctor
MurriKon.
I Ike Ded a ration was then read by th«
Cletk of the Ciown, when Ihe Attorney (ie«
III f A said he wnuld notv proceed lu HuiUMin
the second count in the iudictinent, viz : Dr.
MortisunV heinit in aims.
Captain Bridgford sworn. — On the
night uf iliK 4ih m1' December, he and
liHwriMico oti llieir way to the City
wv.\c iiii't liy Ihifn persons near Gul-
l.tNA.' Hill o:i ViHJgr" Sard. One o/
U!
I
h
fliom wa« !\J u V.iny.>, i1w« ot'irr wna
Dr. Moriifoii »<< li«> b«'li(>v«>!). tMnr-
kfnzie »ai(l ** is tliat yoii niid^^ford ?
*l0|> t»r I'll (ifo on you." Tim olhvt
jfionon whom lio lliinks u.ts Dr. IMor-
lift f^riMHol Ihft f>f*BonPr. Ii's lnr«p «ri<i
iwrnsti tiin roH(1. Soon nftor his Hir v .1
ill iho ('ity tho h* Ih ho^'nn to rinij.
Captain Jtrooks swnrn —On ihn
n'it;lit o( thH 4(h Diutumlifi- I wn^ rnm<
ilfon t-rlod out ♦* htop.' Pi.Hsibly it 4,,^, ,|,)H'n Yoiiir*. Sir^.t 111 rompuny
nllyht w»f //rii'fc ArcM Dr. Morrison, IhU ^jii, CHpiiim S.^owarl Hiid t*ol. .M<».i(liis
Ihiiikii it viAf. KiiovVi Do M. for iiih
ny ypiir^. 'iMinre wa-s Hiioiher prrooii
Uith them htii hf (ln<>f« not know whom.
It u-HH about h:ill-past II u'c'uck »t
night
THOSS-FXAMlNRn hV MR. tt\Lnwm
Tbo moon whs down nod IhiTo waa
hot niach ligh*. I)rj MdrrNoo told hini
«'rti'h oil horse hack , wUfn at Mungo-
mprjN tavprn saw a croAd of pcraous
who iilt('n)p((>d to dtitaiti ns. 1 Koard
the onh't givi'n. puard lire, four piWci^n
wnro dLsehar^fBd at u*y and i saw Col.
MondiH fd'l. I nmde my (>!i< a|>H and
was shortly nid by ahbut tcK iid'O, who
{inld ia tliut M^ 'riiom»oii. I tiald yen,
to.atop; thinks hn wad dre»^^si>d in dark nnd t'f^y ord<*r<>«i niu to Ma!<8 on. I
rohiuied Ar^*'*. hht &.iw no fii-i>-i(rms. I4 nCtHrwardd ntot fonr nl<*iff wh«» dcoiand-
qni«e poaslMvt* dr iNtaciiRoy/iH bnt not wi p| lo k«io\v who I was, I s iM Tnoipji-
fully poisiiwe 0/ Dr. Mdrrison lilting ^cfn ; Mr. Powell ihoo faid, I deniuod
there. Thinks he wore Speotacl<'s; — yonr proteulioO .\lr. Thompsoinj I tlieo
Doen not rertdJHCl hnvine any cnnvr'i- i,i\^ bim lh»t thi^ rehole wer*; hi arms
aatlon on this snhj»jc( wi»h Mr. ^ak('^, Hud that ihey had sli'it Cojdiu'l Moodip.
ilor cArx hn rucolliTt having' said tlin Si)on after t t>a\v two r^^'n on lior.su-
rt>ason lie thought it Dr. Mo riaon was, bat-k, their liorSf's were standing acrosg
b.>eaui«e ho di I Hot ^poak. the ro<d. one imnicd ately toroed lii«
Capt. John Prime \.dwrrnr.r. iwnn, hor«e jiod sa-d I ivashis jtrisu or. I r.
Wa« in company with Capr. Mridu-
f«»fd on the night of Jh« 4iU l)fccpmli.>r,
when about a mile at ihis -i(l<; of Mont-
Bomery's they were stopped by iMac-
pliod, never, and pa^t him. I know
lliJ!* to bo Mackenzie, the other, I havei
no doubt, was Dr; Morrison— fet-l as
Fiire of that as th.tt I am now speaking
kpnys'e and two oiher prrson«, one of to you. did not see UriOtftord uiliil I ar-
**lioiri wa< Ur; Morris 01. Did not ob- rived in town, turned otf Yonge Street
a«*rvc! that bo wore spnclacles. In sa. at the IJIae Hills.
i^fl'd in his own mind that it was Or; ca is.s-rximinki) by .mb. bvswp.ix.
Morrison as ho w.)uld have boen wimo Knew Mackenzie's voice, Morrison
i^ his own brother. It was about mid- did not speak, saw Powell near Cliis
.«i<bt.
CROSS BXAM(Nn:n nv Mii. n^swRLr..
When pro«ve«tiii? to (be Ciiy caiuc
We»t flown Yonce Street ; never siiil
i I any person lb 1 lie clime down tliro'
Moultito's (irids. G<ive iiiloiin-i<ioii u>
ibe Governor on his arrival.' U'a^ met
ley's barn, saw MackeiiTiie near Mi-.
Heath's patp, does not renieiiil»er tbo
time, ni'ist have been livtw^eo 1 1 and
V2. kntiwfl as well now a.s m ben llie (le-
position was mi'de b< fore the Coinini?-
fioners. Deposifion here referred t«».
Witness had slat' d tln^ tiiiielo havti Iwu-n
by a person at tli6 G<-eenlrfnd r.sheiyi belwofn the lioiirs of 8 and 9. MaC-
f(nd d'H-s not recollect Expressing t.^ !*«'»*« c»l'«d t^ witness, Morrison did
dim any alarm ot being shof. 'rtiiok^
Dr. Morrison had orf a eloak and a
haii {(ltd that ho redo a white horse ;
&u( CAniifii say whether it wns a large
6r a small one. Knows Dr. Morrison
by sijrh', having seen liiin 100 times. —
riiiuks the miMtii was down, bui ii was
n char nisbt. Hefi»r.' ('iipl. iirulfjford.
not speak, bat fired at him, witness
ahapped his pittul, but it missed Hid—
never said to any person that he knew
Dr. Morri8«»n by bis voice— Dr. Mor-
rison had not jrlasses on.
Jrt/i/t Voioelly V.sq. Mdynr^ swdrh. —
Wim-ss cot into town sooner than
lironks. lie was l»'ft prisoner with An-
iner»tioned it, thought it was Dr. Mor- derson and Shepard. Markenzie and
f«ton< VVilue.-s rths in a gall »p when two others passed on. When in the
)i4 Hir V .1
rinij.
- On llin
roinpiiiiy
t Mon'go-
f pi'rsoiig
Mir |)iiWc«i«
saw Col.
!i4'H|lt> Hllli
iiH'ii, who
KM hi ye!«,
isfi on. I
> <l(>iiiaiii]>
I Tnoinp.
i (lemuiiil
i»i 1 tlioit
r4* )if nrms
I Moodie.
oil horsu-
liiig^ across
liit-iied U'ti
et. I r. -
I kriiiW
tfr, I liave
n— feel as
{ speiikiiiff
I uifiil 1 ar-
tnge Street
l>SVVP.I,L.
, Morriioit
lear lljiis-
near Mi-^.
iieml»Hr ilto
■eii 1 1 unit
leii llic <!(.>-
e Cominir-
cf'TICrJ t«».
) llavti luH-n
i 9. MaC-
orrison did
[i, witness
issed fl.e—
lit Kk know
- Dr. Mor-
r, sworn, —
tonrr than
it with An-
'kniizi'' and
I'hin in the
ii
( i*v Ml"! I?ii»'»'i<j ni f' p nvi ';<"♦ «(| :« <■,
u li I lut'ii t I'li lil'ii Dr. Miiiii-t'ii vt.-i-
a II 'II'j: lilt* f'lT^oii:* will* Mii|i|.i>il liiin,
rnn^j. KS \Ml\|.;i» |«Y MH. n \l,l)\i |.\,
(■■iMiiDi ^,»^•aU aci'iiiaieiy as tu tli»»
liill', 1)1.1 t|c||V»'S il lUW*' lia\ H llHcll .lI'lIT
1 I ..'.'I'M-U. Dili iioi s'l" |)i. MitiriMxi.
S .lU'ii II \1 ui'M'iiiiiif Oial \tf wn* llie
|t r-oii vvijli Mitrkriizip, fmt I'.'mIs s-ifi -
ti'-'l now ilitl it W!i<< not, ileillti'r iliii iic
M'c liiiii oil t^e strt'et Hm kiiinvii Dr.
iM 'rn.-.iii fur iiiniy ^Pi^rs. ami with Ii *
Hill iii;{ litf< |»irty i/* s)i I' Il * woiij.l liii»
ilrifTifil liiiD iiiini*Mliale|» . KiVH p>'r-
HDiiri III ili .vitiioss iirisiiii'T ii« r liiH
Sli rill's Nil'. Ma k«*ii/in ordered Um
oC III 'III lo lak'4 iii'ii liirllhM- liHck ; ot
II) . i||r.iM riMH liiiinj' linnly ludievi's Dr.
iMoirsm W'lK not onr. Witiiesii tni^t
ihi pei^iifi on li()rs( hark HJlerwarils ex-
t'i!|)t Mi'(ink<<, wiiirli was in ahoiii a (|iiar-
ter III an liiinr. Il^'passed iMarkmi/io
and I wo oiliets vtlio \ui hulinves were
tn ■ .same piv.sonit hul'oro nieniion 'd.
.iu/in Cr. Sipragif sworn. — Saw Cipt,
[iiiiiul'rd on Moiid;iy iiij^lii, wh<» th-n
I iltl ili n Dr. Mtinisoa wis iinun<r )li«!
p T^ois hosiw with Maiki'ii//p. [Mr.
II »>w. II o'lji'Cli? I to tlild spee'es of evi-
li Hce, and the witnuss was then .sent
down.]
'I'lirt Vtin-ni'V (iftheral stated ho had
n.iw niado out his vmo agaiiisi the
p i-oner.
Mr iM^rnovu.D Ihon rose and spo!««
ns loll iws : — .May it pleaso your Lord-
Riiiji, and sr-ntleiueii of the Jury. —
Wh.*!! I uoiiiiidir the iniporian^e of
tins case, not only lo ihe prisoner liini-
sidi, bnt til Me p -oplu o( lhit> Proviaue
at larjie, | fudy confe»s, thil I rise to
!!tiMu tiir* de<eiicH with no iiiconsiderii-
Ilk dejfren ofdiHidence and enibarr .Sr*-
MHiit as well H^ regret, that the duly
hiH not devolved upon one belier a'^ili;
t'l do til it j-isiiue its iniportance so
inucb <lH^er* es. Bui this ca>e, in toe
eyes «>f otae'^s, as well as my own, is
tliH most important one that has as yet
voin:^ uider your notice, or that perhaps
of any Jury ever impanneiled in this
land i need only ref r to the learned
Rpeech of the learned Altuinty Gmic-
r.il lo s'l^w, 'iiif lliat Mm Pvi.'pnrP to
Mi|)ii4>ri it is iiiil, ill his I piniiui, prupor*
liiiiialde tiiroi.u, | think n.av be inler-
rtd'liy ilie itiiiiili at wh'ch hp has culi-
slilered if nt'(-c9.^ary lo aildress yon. I
have remarked in the prn^tress of Iho
present iriais, that the h>ny[lh, breadth,
Htid thiikne.s.s of the learned Attorney
(leiieral's spe- dies are alwaysin the in-
veisH ratio o| the iinporlanre and weight
iif tlie lesiimony ; and that whon tlie
^I'llfiiieiiH III 'lie under uaiii are not
eon.-id red s'ltli -iemly conclnsive, that
learned (fi'iitl'^nian \» too "^pt to he
templed lo r^e then o;:t hy wtaiemcnl:)'
viit Under otuh. If 1 am correct in ibia
* iew, the pre.sent is certainly Ihe wiah
est CUM) that has ag yet been bron{!ht
before yon. hut furtunatelv for us ive
art; not driven to rely upon the weak-
ness of our adveisury alone, of which
I ronceive you will he fully satisfied
when you hear the evidence to be ad-
dneoM on lh<^ part of (he defence. But
befiire enterini; fully into the case, 1
wiMilil remark, Cientlemen of the Jury,
that I Hill not here tu establish my re-
putation as nn orator, or to dazzle your
iiui<{;menls bv the variety and noveliv
of iny argument^:, but to e.stablisb thu
innocence of the prisoner at the bar,
in retiard to the hiigh crime of which hn
iitaiids accused, and therefore, if I sbo'd
il the course of my observations, un-
witinj^ly repeat any arguments yon
may already have beard from me, I
trust, that when vou consider that a I
the trials that have as yi t taken place,
were for the same alleged oflfc^nces, and
that they required, of course, the same
g.-neral species of defence, yon will
listen to any such repetition witb tbti
same patient attention and considera*
ti '11, that you have uniformly displayed.
Bui while I claim this indulgence i«t
your bands. I would, at the same timn
mention, that I will not intentionally
)>ut your patience to so seve»e a prout,
heuause 1 perceive witb great pleasure,
th It some, if not the greater nnmber of
you, were on the jury thai; 1 bad the bo-
nor of last addressing. Gentlemen,
the learned Attorney General has thtri
it necessary to warn you against allow-
injr nny prr>po«ifs«innii in favor of Ihe
|trutin»>r, to hiiv* iiiiy wpiftht with you,
ImiI I CHDiiut littip C(iiisi(luriii|{ tliu rati*
tiun « very iivudle** one. Il f can K'I'
ihlif aiirtbiag of public opinion in To*
ronin, thn pre posseH inns, fefling^ and
prvjnilicfii ar« alt tim oilier way. In
proof of wlich. i n«>«*(] go no furtbrtr
than ih** lti!<t Falhdiuin, puliliMhed in
Ihif City, by a geiitleiimn upon whose
writin|f« I lia<l occas'on li»fore (n coni>
iVnt Acooriiiig to this indi«idn*tt,
Dr. Ilunt-^r (wlioni ht* porsi-'ts iti <m\^-
in.i|ii>iii{; (us *' obnoxious and gui'ti/ as
Maekemie himself,'* in spile of the
«>ath« of 12 jurors lo the contrary)
** hai n'bolly eacapcd mII piini8hin**nl 'or
the prosent in coniinpieiice of bei'tfr
put npoii bii* irinl wiiiidt tli«* sp»CHcle
( the irluoiny sctlVold ) occurred,** and
not in cons»'qu«*nfe of bt.'inir ionoc«Mit
of ijie i-liatgc. ThHt Mpecini'le now no
longer rxi^os itti frightful head, and 1
demand of you as an act of justice to
yourselves, lo slievv this gfntleiuan by
your I'erdiot this day, that its terror had
no moro tod»» with yowr former verdict
than the tt^rrur of his disippiobatiou
will \rith this. Not content gentlemen,
with aocuaing you of having been in«
fluenc<Hl otherwiae than by the evidence,
he proceeds to toll you, in order that
you should not be a^^aiu fifuilty of Ihe
crime of acquiitingf any person he may
choose to conxider guilty — * thai the
•ludgc, the entire Court, iiny, even the
prisoner himielf. seemed pnrft'ctly iima-
7^ed, (or the evidence was 8ti iking and
full, and the J ud||^« declared he could
uot sen on what ground (he aiquiuul
wa« relumed.*' Gentlemen, I take up-
on mysalf to say, that a foulrr lioel was
never publiitited s^trainst thai distineoish-
«d individual. Chief Justice Robin-
son is a man too tensuious of what is
due to himself and the Bench, 1 am
proud, as a Canadian, to say, he adorns,
i» interfere wi.b, or give aii extra-ju-
dicial opinion, and to suppose him guil-
ty of making such a comment is, in
fact, to say that be disgraces Ih^ Dnnch
*^n opinion whi -h I conceit e, gpnt|e>
men of the Jury, no right-minded man
lu the Piovinco would touitiJe in. In
lhe con<iid«>ra(ion of ihe ori'no of Trea-
son, geniloMiftn you will have to look
into iTie niotivo of the tiulor— it is the
intention thai constiluies the orinie, al-
though wliiil is called aiiovrt iici i(« r«*-
quired lo be pnHHcd, Hiid ihpreiur**. in
I his cast>, you will ha«e lo ranvHitii nioNt
miiiulely ilie m )lives of ihe priMiMier ;
but when doinir so, wtiut I >«»k of you
IN, to canvass them with f >iriier's and
liiierality. Christian charity teH<:lie4 \u
to put the bent cuiistructioii upon ilie
acts of our fellow-men. Wli it, I ii^k
of you is, that you rhuuld not do, as
the learned Ait'y (i ii. a kit you. >i<id
put th" «""*'/ Lot tile pr'sotur a acti*
ons speak fairly for tliuiiia. ives. and by
Ih >s? actions let his mutivts t>o juil|r d.
Kill I pray you nut lo t'*** wiih ilie
leafued Att'y (ienerul*» trya^ and de-
tect Treason lurking in every \v rd,
and crime in every auiioii, however in-
nocent ill tiieia>elvei*. Among the rr' i
iiv dilliculiit^s, geniliMiion, thai you will
h<jVH to contend with in your ;M!<irch af-
ter the truth, by no muMos the least will
be the dilTionlty of preventing yoar-
selves from identifying the prisoner at
tlia bar more or less with the subse-
quent actions of his former associate
Mackenzie. What was il that made
Messrs, Uiidgford, Lawrence^ IJrooks
jump at the conclusion, (hat the prison^
er was Iho person ih^-y faw with Mac-
kenzie ? What was il Hjai very nearly
made Mr. Alderman I'owell arrive at
the same conclusion ? It was not that
he (die prisoner) was thc.rt^ because we
shall prove to nou, beyond the »h4dow
of a doubt, that he was in his own
bouse at tho time. So it was ibai tbe
Docfor and MarkcnTsie bad always ac-
ted together. That notl<iiig could be
more natural, in iheir opinion, than that
It should be ihw Doctor, and iherelore,
they at once made up their minds that
it could be no other peri^on. Yes, so
convinced were they that it mmt be die
Doctor — ibat one of tbeni, without re-
fleeting upon the ttbsurdity of a man
wearing spectacles at night {dark onis
too; actually succeeded in persuading
himself that he had seen ih*» ideutiral
grreti rprcj tint the Ducior «ore to^Jro-
of Tron-
re Id liMik
> it lit (lie
iiri lit r«-
roiur*', in
IVHfit IIKINt
l»riMiMi»-r ;
itk of you
iriin!<s Hiiii
fH.:ll»M IM
u|»oii ilie
i it, I iiitk
>l ilU) lit
yiMi, It. Ill
u'r s Mi'lt«
H. aiiil liy
10 jl|(l|r •«].
Willi lllfl
ij>, iiiul tie-
cry \v ril,
iwfver lii-
g llie rri I
I you will
.^{{•ircii af-
> leHBl will
ng yoar-
prisoiKT at
be lubstt-
r associato
I hat made
At lirooks
he prison^
vilh Muc-
nry n«'Mrly
I arrive at
lit nut that
evauoe we
le »h4davv
I his oirii
s ibat I be
I I ways ac-
cuuld be
, than thiit
ihfreloiv,
liniia ihttt
Yes, »o
mat be the
itiiout rt—
of a man
jark oni'S
^rsuading
itteitlital
le lnjiro-*
le.r.l his pyph fro n ih« /I'^A/. I'hi' on-
ly way, therefore, t<» avuiii fHlluiu into
I nimilar ♦•rrors, is to rii>itii>» from your
* iiiiiiiii all knowh.'<l|;H(iif ihe furmcr cun-
ii«*<*lJon belwefn the prii^on^'r and the
ffiiiliy iiiHivldiial I huvit just ntniipd, and
it'i yuur mindK be govrrnod only by liin
rvi'ji ncea»])licableio iliu pris'incr iiinN
{ Hell*. At (he great juil|rment seat be«
for«< which we must all bow uur h»>ads
on that dread day. uh'^n the i^rave »IihII
IfivH 11}) ils dead, we are (HiiKht lo be-
lieve that every man Rball be judged
Hocordingr lo his own acif. . Do, tbcre>
f o e ai will horeafier be doi»e untoyoUf
aiiilUfi not the uiirurtunate prisoner at
the 0)1 r, be ni<idu aocounlable for the
ii**t» of olbitrd as well as hiit ov\n. -
(i mltMiien, Mackenzie was an enemy
to the (joverninent. I may add, willi
' h uili, that he haii proved himself n grea-
ter »>n»>my lo the prisoner at ii bar,
i and I be great body uf i(erormerM in
I the I'rovinve, for it is to him they own
I it, iluit Reformers in that witncss-liov
I had hi'iiiiated to acknowledge them-
I M'lves 8Hch, and that the avowal w^s at
I hst ludde with the lv>nest blush of
I tihaiue on their checks. It Is to him
I hey owe It, that her Mnji'Sty's Att'y
(teneral could (|(ier sneers at that ever
himorcd nanei. J I is to him, and to
oiljcial part yans as bad as him, they owe
tne foul calnmny : <^ tb^t all Uefornjers
are rebels in ilieir l]«*ar(8, and would be
so in deed, if they dared/' in short,
U is to him. ^nd hiia .flone, they owe it
that the term is now n^ade to signify all
and every tifing but what it really
means. But Mbile, in the name of the
preat body qf Reformf rs of Upper Ca-
nada, 1 thuf publicly give the lie to
that liase slander, and decl ire that, bad
they willed it, the rebellion would have
been a succ«s<'ful llevolution ; let me
drop a word or t^vo Qf advice to the
Inarned Attorney General, which I had
as Weil, be as kindly received as it is
given. During (he progress of Doctor
llunter^tf trial, and particularly in con-
duriing the croi^s examination of the
witnejises of the prisoner, I was sorry
to sec tliit learned gentleman, for
\vho&9 abili;ic^ and himseJf persona!!/,
I have the highest respect, indulge in
remarks lownrds Ueforinurs, which
roiild cerminly do no good, and I fear
may yet work harm. 'l*hose eipres-
sions I shall not repeat, for I wish them
to be (or);otten, but I would remind
him, that the time has been, tliat the
veriest offloial hack dare not show hig
face at the hustings, wi'hout, at leHit,
for tha time, professing roeaaares of
Reform, and the intention to carry tbem
into oflTect, and I now prophecy, tb«|
the lime will again come, and that too,
at no more distant period than the next
election, when no candidate will dare
lo come forward without making the
iianie profession?, The vast majority
of the people of this Province are Re>
form«'rs, at the enme lime, that ttie vast
mnjority of that majoriiy. are us good
and lovnl <inlijecls as the learned gentle*
miin '.limself/ In proof of the Arst 8i>
srrtinii, I refer to the composition of
ilie last House of Assembly ;--.of ibe
isecond, to the condnvt of lieformess at
the last election, when they considered
that that House were wnd4ng*'ring the
canMnnatioii of our glorious connect
tion'with the glorion; empire (q which
we be|(mg, lo say nothing of the testi.
mony of their gallant conduct during
th«^ late unnatural rebellion, borne by
their declarod enemy, Sir Fianoifl.-*-
Rnt, perhaps, the learned Att'y General
would be more likely tP follow my ad-
vice if backed by the weight of author*
iiy. 1 shall, tberefbre, give it in the
words of bis Governor and master, 8ir
George Arthur. The quotation |9 per-
haps long, and the noble, l||e Grid-like
sentiments it breathes, rou9t plead my
excuse for giving it to you entife : —
" Harshnoisand severity are diMinguiabHig
m.irkt of n-eakiiV8ii and aporebenMon, The
roiintry i« utroni^ enough to ti« inainanlmou*,
nnd A* the iiiiialtitantH uf Upper Canada bsve
the repiitHtion of being a religious people, rC
will now he open to them, both eollecHvtlj' fk
individually, tu giv* proof of their christian
pKort>8>ion« l»y furgivinv witfioul any vexatLuf
iipltiaidiiig? U>e extreme injuries lliey have
recpivpd —
'J he q<i ility of mercy is nol strained, . ..
it dropetit an tlie gentle d«w from lleavtn
Upon the plm-e heneith, it >• twic»' blessed, .
It blexseth him that i(ive« & him thai takeK,
'Tib migh'icit in tli<; miihli?st,
If tlip fftnt virtnry nllili I «•< I p/>T' nr>ii«»vi'(\
bf now wisfly ii<«mI with M'i»> R*ri >.n antt well
t:mp«l CDni'iiliition, tli*» Inro <ie<-itiin ' fmwn of
i'ovidpnce upon iliis H4.li|p i'iovi|i e inav N-
^-•^ina vpry i{r(»at l>le<siiiji; fur, i donor de-
>♦■,• ■':• of IPtMiiir "riMV (>»»i»i>iiK liiiw I'oiiif f<ii.
»v*rH oppniy »n(\ Hvuwrrllv, a" lo\ nl S'in|>ori>'i»4
•if llie C(iii>fituli(»n. who, Hlilionjrli Ipthorro
H'lvocates for rouip paiiial rharia « in »l>c
inalitntione of lli<><-onnlry. nH«pitlii'l»«-i-' wo'iM
Up«]e«iroiH lo ini<k» tlie must pnldii- li.'ClHia-
t)o»i of thi'ir (Iptp^ttriiii «r triiiron, ami
iniifriprpr* h-wI in''en(1>Hript4, and lhii« yo'i
in.iy bpcoinp » MUKKL'.Mri;i> and tl)erciorc a
Jift| py peoj)|p "
Oh ! may thut I'U'iiitMiislKnl inJivi-
(Itial indeed sIriVH vvitii all liii* inii;lit to
make us " a m Te uni'ed and Inppy
|>€"op!«»," ami UnpKr CHiindii will have
reason to bles« iht* anspicioiitiday wht^n
he landed on its tiiure«. L -r hinj stand
aloof from all parii'^s and th^rt^bv tcacli
them to look np to him in the ligiit of
an impartial jirdve h^tween ttieni. Vif^l
his single aim be to bo indeed account"
ed the governor of the Proline**, and
udt of a fadion, and my word for if, he
will never have rea-saii to rue ihf day
when he refoses to listen to the po'sou-
ous insinuations of tho^e who pretend
to monopolize all loyally, and who to
giiin their own Sfdiish ends have not
hesitated to *• noi away'' the reputati-
ons of individuals who in the hour of
diinger have been found to be better,
men than themselve-^. Gentlemen, 1
have be^n told that man iii an enthusi-
astic disposition, and perhaps it is »o,
hut I do (.ay wlihont the least fear ihiit
the result will falsify my prophecy, that
1 luve formed the hiolie!>t hopes of tli-i
result of the labors nf our new irovHr-
n«r in the wide field that lies Ut f«ire
hitn. From what 1 have seen of U\s
HCl» and the last interview ( had wilh
brm, I feel eatis^fied thut his inlenlions
are of the be^t description, and his past
career is an earnest to ua that he will
persevere in those ifo'ul intentions, and
at least suoceed in lestorinp p»*ai*e, pros,
parity and good will to thi^ our sutfer-
In? conniry. Cr 'ntlemen. the questi-
ons you are impartially to try, are,
wheth r the prisoner has either levied
War againsi Her MaJHUiy «»r eompassed
h»^r death, in the words v.f the Statute
of Cdward .'Ird, which great Statute
•5
wi«' pn«!'«e(] fo pr'>terf lit" ?ti'>j rf iwr-,pi«f
<'ons(ri)«'liv(. and ail otiier Iomwo.is Imt
those th« p'in ennniera'ed ; and lh«l^H
questionrf are m'-re ni:.tN'is <»f fart wliirh
it is yuur ."tolusivM j)rivile<re fo «!prid,4
npfin With r»'i.'ard to (Im» fir.-i (jiip<.-
tion, I d'MjItt inui'li ev(>n if it wcie an-
ontradieted by evidence on ilie d»'-
f n'^e, \vh' ther yon vvoiild ron.-idcr it
Piiilicienily prov d to ra'l l(»r yo.r « er-
di<U. It will lift r«'r(»i|(.rt.'d iliat Hie
ii!i;ht was a dark nr.)>, the iim in Iriviii;;
previoosi}' ifooe down ; - llial ihw wit-
nV'ss however, c« ol and col «'C'e J in llio
witnefS box, were (>A'iiliotM any imp-i-
ta ion upon their couraifi.. bfti«|i .g coin-
nnisHions as tliey di^, wliieb Inve I een
most deservedly eonC'Tred up in ihe'n)
must have bj-fi, to sny the W»nt a( it,
very inuch a:;itated, and I tliiiil< I nia/
add alarmed, were i» only for your
safety, gentlemen of the jury, il not
for theinselve*; ftnd that they do not
agree in th> ir description of tne pri-
soner, — one of ihem represeniinjr biin
as l»e njj armed wjh pinto s, enoilier
with iipeftHclrx, whil*< titH third CMud
not say that he *fas a(rint-d vii b eitluM';
and th.-fffore they a I dilf-'rHd on ihi*
point, unless indued Mr. liraoke mis-
took the spectacles for a pistol, which
rain h trdly be the eai^e, be' «u>e he sa>s
th't Dr. Morrison snapped it at him.
itfjwever one thin«f I am conlident of
and (bat is thut the uitnesses relit»ioiisly
believe that it wa> Dr. Morrison they
saw, and t account for that l»elief in
this way: they saw a mm with Mac-
kenzie who whidher he wis like the
prisoner o- not they took it f»r granted
was the Doctor, — they meniit ned the
eireurasiant^e when th»*v Kriived in the
town, and aocoid iig faCu;)t. Brul^f'ord
who says that he has r^p-ated the story
over at lea^t one hundred times, they
hive repeat* d it ovt-r so olieii since
without perhaps ^onsidrrinj; thai they
would hereafler be enlled on to swear
to it, that what was at first but a mere
inipiession bus now ^rown in'.o a firm
belief in th«dr ni^iuK'i which perhaps it
is next to ilnpu.■^sil>ip to eradicate, lint
to me, geiitleiurfo, wh<i has no impre.-o
sions of toy o>vit and n >.v hear the
wrn'mmmuw^iftir^Hmr^mv «■ i
i
Jf til tterifli^
' fir.-i ((IIP'--
it w(>ie an-
on t|i)t 'i*'-
r(tn.-i(l»'r it
nf yoii' \ f r-
•■<i iii;i( lli»?
iM >n liuviiit*
li:«l lIlH vv»u
«'!•'(» J ill fli/»
I Hny imp'i- )
nU\\ t; fiHii- .
t) li iVH t ftf n i
u|j »n tli»''i») '
leilHl of it, I
lliink I nin/ I
y lor your
■try, il hot
ihey (to not
ot tiiu pri-
■iienrMiif iiini
8, HltOlll»T
ihiM c'mihI
HI h ••! flier ;
THti on ihjj
l^rookf mis-
iritol, wbici)
aii>u he s<i\s
J it HI him.
confiilHiit of
n relit! ioiisty
orrisoii thi<y
iHt lielief ill
with Mite-
ls 'S like tlie
r»r grHiiteii
nii( iiftfl Ihrt
riivvfi ii> tl'if»
>f. Brultffar.l
letJ tlies'ory
tinif^s, thry
often ftiiico
i;j ihsil they
>n lo svi-e:ir
but a mere
into a Krni
ti perhaps it
ilicate. Hut
no iiiipre?>-
iV liuar tliH
pvidoiipp agninst lh*» prisoiiKf inf (be
fnsl liiii<'4 Hie vi-ry rirciim^liinre wliit'h
iii.iy lie Mip|io!«H(J -o tiittkn inoit :it;iiiiisr
ihH iiriHuiK'f coiiVMjs iheceriaiiiiy Ihxi
ih'Tt^ luiisl be some mistake in the
iiiullui. Cur 1 c iinni lor a iiionifiil be*
lieve that an individual whose wholH
lilH, as far as I have hfard^ ban been
oueuuntinucd and unhiterupted course
oi peaceable, quiet and iiinctt'eiibive
conduct, could at once be ttHns^oruied
liiio a demon, and take up arms and
(ielibeiately point tbut>c arms againdt
ihe life of lii:i iellovv man. No man
f tUs at once into crime ; (he desceDt
f'om virtue lo vice is gradnal, and
Iherefora 1 am not prepared to believe
when I I'lok at ilie prisioner, that he i^
fufii a criminal. But,f>enileraen, i am
b^P}i> to say yuu will not be left in
douin upon this point ; the evidence
will be 8o cl''ar that 1 alin-ist consider
it an intpr)MM>i ion of Providence in the
prisonei's behalf, for 1 donht whethr
there is any of you, geatloraen, that
could so satisfactorily account for your'
selves on any particular night that yuu
might per chance be chIIhU to account
for ; and if we can salislartordy do
away with the testimony of no less
than three witnesses who are equally
pos!*ilive as to their beliefs I ask you,
t^cnileman, whether it ouj^ht not make
you diatriHt the jndifin'nts of others,
Bud even your u^n in other matteis
ronnecied with the other branch of
(his case, from the nature of wiiich it
is impfissible for us (o atliiiice the same
saiisfuctQiy testimony, becau^e it is
only a question ot motives and intea-
(ious. Were I upon that Jury, the
luomeBt the prisoner bad answered the
main accusation (and the only one re-
raeiuber. g;entleniHn, up'>n which he was
originally arrested) il I did not at once
dismiss the consid ation uf the secou-
9
dary one, t would at all events entsr
into il vv ih a mind most stron|{ly pre>>
dis|iosed to do so; and here it is that i
cannot but comment a litile upon the
course pursued by the public proseou*
lot. Dr. IVInrri^on, gentlemen, was not
arrested for reporting the declaratiou
that has been read to you, but for ac*
tu^illy levyins; war. Why then is it
(hat wli-n the learned Attorney Gene-
ral perceives the prisoner is likely to^
prove his innocence of the charge, htt
should change his ground and rake op
(bis publication in judgment against himi
Dues justice require this course of pro-
ceeding, or ought not the Attorney
General to rejoice rather at the proa*
pect oi there beings one more innocent
man than be had been taufcht to believe,
and ought he not to bave pursued his
iisunlly m gnaoimous course and said,
** Ot. Morrison only prove to me that
yuu were not that night with Macken-
7.ie, as hAS been reported, and 1 will go
no further." An individual coming
into Court and bearing this matter for
the first time would naturally suppose
that tnis doclaratiun was written one
diy and the Doctor arrested the next.
No such thing, it was written last July :
has been published in all the newspa-
pers in Ihe Province, and here under
onr very nose's ev^r since, and yet poor
simple people that we were, we never
thought it was treason before, nor mark
roe, ijenllemen, would it be thought
treason now if (he main accusation
against the prisoner at the biir was not
likely to fail. If it is treason now,
surely it was treason last July, altbougtl
it would seem to have taken Ibe learo"
ed Att'y Gen. from thai time till this
(o find it out. •' But,'' says the learn-
ed gentleman — for be fell it necessary
to say something on this poiut — *' one
rtasOn why 1 did not then indict Dlr.
10
Morrison ifait, becanse 1 was afr.tid the ticularly that pnrt of it, l>y virtae c»f
jury would baVe arquitttfd him ; my which this Declaration is attprnpted to
ot|)^r reasons I ain rn idy to give wheiix be di«iiorted into 'rrea!«on,Hni) therefore
OBllijd upon fiy rtiv Sovpreiirn." What T shall have to go eli^ew hereto shew
a miablu conduct 1 VVhn will say there yon what bad been called so in £iijf«
lA no bonesty ahoong public men after land by Crown officeri<), and decided
this t - 'then, gentlemt^n, if yotr would not to be so by Khftliab Jarifs, under
h4ve a<:quilt(F*d Wmthen. why shoald the direction too of (he very saitH> Chief
yoii fmd 6ini gtill'iy h'W ? Why should Justice Eyre, that the learned Att'y
you gtVe k i^Tdict now in an excited
Inolil<*n^ which you would not have
{Tivi^iv sijit irinrrths ago, and would not
giiri^ sfx tiionths ht'nop, whiph in a more
i*9fnp'6s^(l statie ol' mind t What more
do t want than ihi^ acknou led^ent
from the le?irni("ll Ali'y Gen. to ensure
the acfiuiital of tbd prisoner, because I
certainly do »^re^ wVtb him. that last
Joty, Ibefore tfit^ ivuhlie mind was exci-
ted as >t niow is. bo jnry would have re-
(j en. just now quoted. [Here the learn-
ed Counsel quoted from the clebra'ed
trial of John Home Tuoke; the Ad-
dress to the British Nation prepared by
a Committee of the ShetRtild Constiiu
tional Society ; the Address of the ri«*->
potation from the Society for Constitu-
tional iiiformation in London to the
French Convention \ the declaration of
the tViends of the p«>ople ; Mr. Shel-
walis' tetter to citizen Jack Vellan;
ti'rpd fro^ their brtx before giving a ver- ahd several letters of Mr. Thomas Har-
dlct of" Nol 'Ciuiltj^.*' In treating thf^ dy, to his fellow-ciiiaens.] "Rnt(said
branch q( the 6a$e, it is not my inten- the learned gentlemah) it wHi be saiil
lion to enter ijiito any discnssion upon by the learned Attorney tTeneral, ypu
t^e akstr^cV question whether conspi- are defending a traitor by qnoimg^ the
riiig to overthrow th6 Government of sayinsrs and doings of a still greater
this Provinc'e> •» encompassing the traitor." Yet, gi ntlemen, nolwith*
Qa^enVdeaili, beiauite U is not neces- standing all the efforts of the Khtn At-
sary for liay poVp68e, as I contehtl that torney General Ncoft, and heje js my
the prisobei- did nVn conspire to over- artswer to the supported remark — John
throw the Q'!ieen''8aothofrhy, and there- Home Tooko wh!« declared to 1)e fio
fore, I ^alV'oply call yoiir attention to traitor^ although th« trial took (dare
that pari bt the law in whk'h I t^ke it dnriiig the excitement attemiinif the
we '(^) 'agree, and that is, that it is the
boflily aiiS nfqt iFm* fiolttieal death of the
Ofeen whicli the staiuf* con'ten>^laies^
and that. theri*fore, yon most ballet e
fbat the tl^^ct'or dbnteroplated her death,
oir in ptbe'rSyoi^ds, Von m<isl bdlet^o the
troth of the charge, liefore you can
RtUfi hini guilty of the fleiidieb crinfM
of dSrisotlrii'ig t«* take a«vay the life of
Freni'h Hevolntion. and althongh there
is not a single line in what I have read
to you hut is worse, aye, thrice over,
than the worst sente<H^ contain- d ir|
this Declaration. I can tvell Conceive
the learned Att'y Gen. raising hs hands
and eves wi.h pions horror, had It fal^en
to his lot to condact the prosCcbtioii
against Toalte. and at the close of evr-
quir VQiiitf and ipnocent 8oVert>ign. — ry paragraph I think I bear h^m say,
rjfap|)ny Tof 'us; g^ntleinen, the Ibw of »♦ li<»re is treason, aye, treason of the
Hfg'hTrf*asV»n 1^ a sjpiecles or ^crra iM- black*'st dye, wh>»t need of jro'ng fur-
tqgnifuMiiiis Pt'ovlncp, aiid more pur- tlier.' And yet, Mentlemen, a Jury of
?
<t
i
I'irtDe of
inpU'd to
therefore
) to sbe«r
in Kugm
deoMieirl
Pij onder
irtH* Chief
ied Att'y
the Ifthrn-
• lebra'ed
the Ad-
?pared by
Constiiu
»f the d««
Conslitu-
on to the
Siration of
«r. Shel-
Vellaii ;
>nias Har-
Rnt (sdid
i bH said
>er'a1, you
•>imjf the
I jfreaffif
nolu'ith-
^<»«'n At-
pje is my
k — John
•O 1)« MO
to^h ihere
bavo r»*ad
rire ovpr,
uain> d irt
Conneive
hn hands
id it fuUen
OsdCQttOll
Be of evr-
him say,
ion of the
olng fur-
a J ury of
11
iender-hear'«d, independent E^iilciiali-
ni'-n, «Uhoui^ it was like tiie pretteni,
H moment ufexcHement, said^pnn heir
oath:), HlmievHir it migiit bo, it was nut
treatov. \'**», here is actually an ad-
dr*^* tu (he Fi-enuh Convention, coti-
clvding: With th' remarkable words: —
'* After tbn e.iauiple wliich Fraace has
** srivep, the t^cience of revolution will
'* be rendered easy^ and the progress of
" reason will be rapid. It will not be
"'strange if 'in a period far shurt of
** what wt^ should venture to prudiut
" addressos of felicitation, should cro^e
*Vllie seas lo a nationtil Convention in
** iCni^land/' What uo^td be said if
t)r. Morrison had publiahed such an ad-
dress to the Araerioan Cungess t Why
the learned Att*y General wou|d tell
you there ceuld b*) no doubt of itj be-
in^ treason, and yet, gfenllemen, the
address to the French Convention \^as
not adjud||fed bi||;h treason. Now look
at this O'claraiion and see if there Is
anything in it t» compare with the ex-
pressions in (bat address. Look at
Sheiwall's letter to oitiien Jack Vetlen,
t.by the way 1 expected to hear this De-
vl'aralion called treason, if i( were only
for using (he word eiiinen, but 1 sup-
pose the learned gantlemau recolttivted
that the word was made use of in the
c^aih thnt he took, as a Barrister,) and
lo ik ^t ^ardy's lettetrs for which, and
worse, hte aJso was tried and acquitted,
and tb^ tffll me whether a nian'a life,
property, atid all Ite holds dea% is to be
forfeited because tor^uoth, be made use
of words wbiuh we considered a /ti</e
too strong. A w^y with (he idea. Prove
to nie by a man's acts thut be is guilty,
and I will be the firbt man to giid him
so, but I Will never uonsent lo lake awsiy
that which we cannot return^ because a
man has had the foliy to scribble a few
wordy, frothy resolutions or decUrali-
o»is, which one man consiriei'S to mean
this, a second man lu mean thatf and a
third niim t'ot4)cr. Why, gentlemen,
.Sir Wdliam Alolesworth stated in the
HousH of Coiuinous, tha({ieh^pc.d auc-
o ss would attend the Canadian arms,
and that the British $dg wotild be dri-
ven befot e them ; and who does not
recoil t'ct the memorirble wolds Hf Lord
Chatham in the House Of Lords, and
yet, eentleiaen, peo{>le ^we not foand
BO silly as (o indict eitlier of them for
hifih treaiion, nor am I aware that
'> banefal donMnaiieir" Hume, ha* been
indictid, yet 1 ath not propired to say
what might be the consequences to (Item
if the lear4Hid Attorney Qeneral's
sphere of action should bo enlarged.—
If I understood the learned At^Jrney
ri^bt, the principal iirgumeat made use
of by him to prove this act truakoiiaiiltf
is that it hints at and contemplated se.
paraiioii Ironi the mother country. I
have read it over and over again, but I
cannot i^ake out any such intention. —
t^ut, supposing for the sake of argu-
ment, that it did, I would ask irfaelber
(hi didcusbion of separation at borne be
treason ? -If it uc then are Lord Abt^r-
deen, Sir Robert Peel, and England's
brightHsi and best, guilty of high (rea-
son ; if it b« not treason (here, then
why shoiiid it be treason id us to dis-
cuss it, that are more interested in the
event (ban they can by any possib Uty
be ? Surely if it he not treason there,
it cannot be treason here, for th^ same
law obtains in both countries ; — tiut
hold, i will take an instance neater
home, and that instance shall be the
well known one of the valorous Major
Gumett. The mind of this worthy,
it will he recollected, at one time On-
fortuoately got ** unhinged," and be
actually prattled ahoat "*■ casting about
in hi-) mind's eye lor a new state of
12
political eiislPnon," aii<J |irHy what hci
uf dnflputiKiii, wtiHt iiivasiuii pi' iheir
draroul I ighls, h ^'raiiiror nuuM Utvo^
Ifintaniy at>k, «ras it tbat could induce
an individual mo /oya/, to use laiigfuage
to s«ty disloyali W^hy tiifre was no
despotism, no invasion, only bis patron
the (ben At(orn**y Ueneral, had be>m
diiprived ut* his oflicH, and so had the particularly when \\n all knew the odi-
pr^seni AHorney General Well hut uni thai attauhfs iisett' loan inriiniter,
ut' course, he vras tried for high treason morn particularly whon thH 001* or
I h«v«' no iloulil. l>y the Irarurif Ati'y
(jHMvral, lli.it lint whs not eu'iuuh, th.it
tlio Doctor ought to have iiiformeii liiti
govHrnincnt. Will in KirirMK'ss ua
will suy he orght, but I will ask ir
there is one man in a huudrrd but would
have couhidered hn had eutticinntly
done his duly by putiingthe party dow^i,
and promoted to the gallows. No such
thing, he was made a AlaJ(»r and pro
inoted to the Clerkship ol the Peace !
Now. gentlemen, if Dr. Morrison had
»tuck these words into bis declaration,
J wonder a hat sort of promotion he
Would have met with ? 1 come now
thonghl it was hut a ni«>re >V«>Hk of <Iih
moment which he would dismiss ffou)
bis mind when he found it so st/uiffly
opposed, und more pHriiiulHrly iitill
whon you oonsider the utier u.''elp-'Hiict!>s.
(ho worse tha 1 folly to give advice «>r
information to such a umu as Nir Fran-
to the conduct of the prisoner at this ois, who pretended to know evervthing
lueotint; in Uoel's parlour last October, of h s own knowledge, and according' tp
when iVlackensie suggested the seizure his own words refused to listen to ** the
of the arms, and hesitate not to SHy strong and repeated calls made ufion
that one fact of this kind speaks louder
to me than all the arguments and infe-
rences the shrewdness ol man can in-
vent or draw, — 1 say that if Dr iVloi-
rison had been a traitor in his heart,
tliat was the time for him to show it by
acceding to Mackenttie's proposal. —
him by the peaceable portion of tha
community.'* Unless i^n advocate is
himself convinced of the goodness of
his cause, I maintain that he can suc-
ceed but very ioditferenily in conv>n-
cinir a jury; Now on^ of the « ircuni-
stances that had a great inl|tienoo iq
But what was bis conduct? Directly satisfying me of the iunocence of die
the reverse. Instead of giving him prisoner was this We shall pmve to
any encouragement, he was the iirst joii, gentlemen, that on the Alondny
man to denounce him and to use those and the Mond ly evening, the Doctur
emphatic words \ — ** Mr. Mackenzie if was as usual about his ordinary aDiiir",
y-ju think you are going to entray me talking to his friends with his usuhI
into one of your mad schemer, 1 can calmness ; giving physic ta bis natiMUts
tell you that you are niisiaken and that and visiting them ; agiiin we see him
1 am not your man.*' Whtit was (he quietly enjoying himself wi(b bis frfmi-
|. . consequence ? Every man in the room
If^ opposed the project, and it will be pro-
lix ved to you that although Dr. Morrison
was prevailed upon to return to the
ly, and nothing unusual or a;<itHted in
his manner ot actions. Now, gentle-
men, 1 maintain thnt these are not the
distinguishing marks of a conspirator.
uhair after leaving it, from tba< day to If the Doctor had in i«ny way been con-
thia the prisoner at the bar and Macken.> crrued in the Ixte rebellion, on th.it
7Je iViv»t inltTChunged cv<-n words uf day he vvoul<l have been restless aiiii
rivjliiv ; huiyou wili he toldhv and hve his looks nould have bern distnrbt-d.
[•aruiMf Ali'v
iirurmeii iIih
i will ask if
td biM wouM
sutliciHiitiy
(tHrty dow'^i,
new lh« odi-
tii iiirunner,
chH Do«' or
frt^nk of >Uh
liisinis* ft nil)
iiiilHrly ^liil
' UHelp7Miict>s.
ive HdvicR or
{)8 .Sir KrMii-
V evtinihiiifT
uui'ordiiiff lu
lien to *• ihH
nmde iifiita
>r(ion of th^
iuivncate i«
g<>odn(*t8 of
he CHii suc-
f in cuiiv>i«>
tii« t'irciini*
inl{)ienuo iq
rence of ilie
mil prove lu
Hie MoiidHy
th« DocJor
nary n(iair>',
h his ukiihI
bi« uatiMiits
we sef him
lb bit» fiinM-
r Oi^itHted in
^ow, gHiiile-
i are not the
oons|iira(or.
y been oon-
011, on ttiiit
rt'tttlpgii aiiii
n di>tiuht'd.
1?
Bn'l ini'*'"** 'j** w»» inoro nr !p«s tlmn a
mm iliH (viiiiHss that will li" called in
hitt h<>^ iiMi!«i have observed sniiuMhin:;
in hi* HClioio d<'nolin(; llv secret work-
hit's of hik ii)ind. pLTendem^'n upon the
whole I am gfUT this trial has laken
pUce. 1 think it (nil! have a gi>od ef-
fect. he.^i^MSH in Uie proirresH of it you
ill hare s^ g^ood deal of cvideiiofi that
will innke you ihinH better of s'otne qf
your neighbours and lelluWrtowu6m«*n
than you perhaps now do. It cisrtaiidy
eeinii to niHH 9lrJ»nge pcfverijiiy of judg-
Ifent that people who wquid not lake
iMHck«*iizie's word for a Iiras9 farlhinfr,
bo wui)ld not even h<)lieve his oath in
matier of »ix p«'nee worth should yet
ilace inipliuit reliance in hi« stHtemciils
wlieu Iho^H HiatenienN ten'' 'Q no less
iiau the desiructi'Mi of the fair fame of
tmn of the ni<)s' wealthy and inQuen-
ial of lb ir lowiismeii. 1 have no
oubt now but the le^mfd AiTy CjenM
nd most of his friends very religiously
telif>vft in the existence of (he Kxecn.
jve Conimittee that has been so mu<-h
[talked o), and 1 have no doubt but that
t has eoft them hours of hard thinking
n settle in their own minds the purti-
ular individuals that pomposed this
ommitteH, and now what frrounds
lavc they for this unuharituhle belief?
Why nothinfr but the bare wor(|of (he
espised and Qod-ftJirsaken rebel, mur>
erer, li usehreaker and raailrobber,
hose very name they cannot mention
ut with abhorrei^ce. We shall prove
yoa« gentlemen, by witnesses upon
jtiiesses that (here was no such com-
ittee, and that so far from th*' Ho-
brraers of (he city being connected
>vith (he rising, they were as ignorant
f it H» yourselves, and that the first iii-
imation they bad of it was what every
ne «!<((• rp(:«MvedJand, genllRmen. when
We i^ruve thesti' (hint's to }ou, will not
H groat 'old h<' tak- n oir ynnr breast*,
will you Hot leel hap|iy that you can
a<!><in take the hand uf your nej|t door
ni'i^hbour whoip yon ipay perhaps hava
done the injusiou ot looking upon witli
Siispieion, beeaufie he happened to be..«
Reformer, and wjll you not rejoice witJi
nie that (his trial, which is but '* a seeoh-
ing frown,*^ should ** issue in so gr<*at
a blessin|!.'* You will rejoice with
me, gentlem«>n. 1 tbink you will, f<*r
th>re is no misery Ip a well-regulated
mind so great as the being obligelf an
it were to think ill of others. {The his.
tory of the rebellion 1 take, gmtleroen,
tQ be shortly this; ^fter the troops were
sent away (hecHUi>e I do not think that
MrKenxie himself even thought ol such
a thing till after ih<'y were sent away)
Mackenzie formt'd the idea of taking
prtssi'Ssion of the nrin:!, nnd finding by
the result of the experiment at Uoels,
that he need look for nQ assistance
among the lletormers of |he ci|y, he
had recourse to his ignoran and de<-
Inded adheren/a in /.he back ^ownsbi|)«i
and with their assistance he thought to
take the aruM together with the eiljp
banks and governor, and then with the
help of Americans who would move in
from the States he hoped (o find revo-
Ititioniziog th>4 whole province but an
easy tas'k, and 1 am satisHed that iflh**
(roops had not been sent away t|||e at-
tempt would never have been made^and
I am more sati.^fied still (hat ntfTi*be|-
linn was contemplated as long bark as
the date of Ibis declaration, because if a
con8()iracy to detrone the reigning mo-
narch as far as this province is concern*
ed was (ben formed and this declara-
liou is evidence of that coniBpiracy
would It not be tbe highest of folly for
the partji s concerned in it to ptidlish
(heir pr«M eedinc^ in the manpci|the
Reform Societies have nlwajrs done r
u
A coB^pirary convpvnlbe idea ofsonie-
tUing «ccr«!i, »uiuettiirig doiiH in (he
finrx tad to be hi«J<Jeii frum the light of
Md«ijr. ll' tilerefiirH (his doclaratiuii i*
AvtdeMc* of a e(Hit'ni)>lateJ treason it
•flDuit have be«ii the strangest conspira-
cy that ever was cuncact<*(J. A. coii-
■a^kucgf foecuU«e tlie Aii'y. General says
J^hair object was bad, and yet not a con-
rlpiraey beoauae their proceudin^ were
«!iirri«d ou o{)enljr» VVhy, geniteraen,
'.)'OM never y^t beard of a man cuminit-
4tn^ robbory or hiurder and proclaiiuini^
it oil 4he bouse lops, and so in like
niaunlT no party of men ever entered
into a noiiapirkcy and thon publish that
'conspiracy in batid bill form to be cir-
•^•lUt^ (brougb Uiu whole province. —
<Tbe ihinff is itbelf a inanilest abecur-
dity. Through Ihn kind cunsidfraiiMn
lit ibn learn»>d Attorney General (1
bkive heard it suid it was In bopets that
>tlt« Dr. irould run away, but I do nut
>bt»lieve it.) Gentlemen, the prisoner
■at the bar has been on bail for this some
4l«va back, yet when the day of trial
'Coides you see him here with a consta-
•b^ oti each side of him. Uijes tbiti
•circumstance speak do laiig^uage ? it
iiduts, feilituinen } it speaks volumes*
i can reiidily conceive a man surren-
«ariii{|f himself up to relieve a frienc|
'Who has ^'olie bail lor him for a few
bundted |>ouad8, and I can conceive a
i»a^ rittrrenderin^ himself to r^li«^ve a
irieiid who has goiie bail for him in
njike trifling eatle of assault and bat-
tery, «lthoU}>h even in these cases we
bave^seen inK4ances to the contrary.—*
But noihtng except conscions innocenf'e
Gi>old i'nduce a ni4n to remain andpLiy
a saine fur a ainke which involved the
loss of life. Iibvity and fortune, and ibnt
too, when the honflfuid seemed pur^iotie-
ly filt standing. If the prisoner at the
biiiT, gentlemen > bad been base enough
to obntem'plate (reason agMiiKthisanbiih
teA Sovereign, def>end opon i', he wo'd
li:iv« been base enough lo have de
ceived tbe friends that bad confided in
him. Gentlemen, do not aUow your
selves to be deceived in this matter ; If
Br. Morrison j| guilty of high treasmi
for having reported that D«i;|aralion,
then, not only every ninrn who signed
ii, bat every man in the Krovinue who
hiid signed an onion list (which requireti
and pledges them to support the princi-
ples advocated in ihat Declaration) ij
also guilty of high treason, and this is
(he rrason why 1 stated in my opening,
that this h by far the must iniporlant
trial (h>i> over took place in Upper Ca-
nada. Yes, gentle nen of (he Jury,
(here is no use in your snuttiug your
eyes to he consequences % they intruded
th'^mselvesi too sirongljT upon you to be
tb sshutout. If you Hud Dr. Nlorri*
son guilty, every man that ha^ signd
such a list, (no matter bow iniioceiil his
intentions may Imve been in thcnisel.vi »j
will bold bis life and pr tperty as (li«
tenant at will of thelettined Att'y Gen.
The consequence of this state of things
would soon he apparent ; whole siiies
of your streets ^ould be etiber depop.
tiitttedfOr their tenants turntd into plot*
(ers against that Government without
tbe destruction of whicht they would
never feel secure in the possession of;
their liveii and fortunes. Well, gentle
men« to pursu<* die matter a little far-
ther : why are they not all indicted si-
multanoously to use a favourite word
of oar late Lieutenant Governor.—
Is it because this trial is only one oi
experiment (o open the way ( is it be-
cause Dr. Morrison has a seat in Tsr-
liament which somebody that we do nui
at present see is coveting, or U it be-
cause they wish to make an ex'tmple oi
tUe Doctor from U'u holding a promt-
pun is he wo'd
) lo hav« (le
iid oonfi(it«<l ill
It aUuw yuur
tbis niutteir ; if
f bigti tr«a«iiii
t D«i;l«raUoii,
n who iti(i;u«il
k'ruviincti Who
wliieb requim
tort the ^liiici-
Jecluratioii) is
on, and this is:
in wy upening,
lost iaif>urlaii(
III Upper Ca-
of ijie Jury,
snuttiug yuur
; tbey iiitrjuded
ipun you to b<
tid Or. Murrt-
* . t ■
lat ha« signed
IV iuiiuceiit biii
intbonisel.Vis)
iperty aij iliv
sd Att'y Gew,
«tatH uf things
wbde 8iii«9
eiiber depup*
ntd into plot*
nent without
they would
iioiisffleion o({
Well, genflc<
a little till-
indi«iedi)i'
oiirite word
Goveiiior.—
only one oi
ay r u it b('>
6em in Pur-
iit WH do not
, or is it be-
I FXHOiplo oij
ig a prutni*
1;
if»nt station in ^oriefy ? If llie last b«'
he r»'H<«on!i, H!< I think I ntidrraiood the
eiirned Any Cien. to pay, ^hy not have
one a lidk hi)rhpr nnd ni<id« an exam*
ih> of Sir Kraucis Hi ad? Thp thing
ra? the easiest in the world to bp done,
or his own writings prove him to be
riiilty of aiding^, anaistinf; nnd abetting
hP rebellion; ye«, p<»»ilpnien, I will
indertake lo provn him gni'iy <'l high
r(*Hson from his own moutji, nnd \\ie
>nlyd«fpnci» that his ablest advocate
;an malcH is, that his adntiiflsions are not
bo helieved, which would of coarse,
)e rather an awkward aort of def»»nce to
ay the U-ast of It. In hi« Sppech at
h<* opening of the House on the 28tb
ec. last, lie says : —
•» Wiihont either «oldi*r« nr reipon* to en-
[otee my rduse, I stIoWed thit leader of the
mefldfti inMiri««*»ion a full «»|»p<>rtiiiiily lo
iHk« 111* inrended experiment— I frei'iy »!♦
owed bi<n lo vvkitk what he cho-<e— sat what
ieehi.ii.', and dowhu h<» orose— I allowed hiin
:o.»R*emMe hisdflu.led adherenih for the ptir-
»me oil'drtlt— I ev«n aJlaived theiii Hiioppo»ed
1 HMemble with loaded fir« arnw, Kmi in spite
f the r^morpi^trances virlilch, from itlmnst eviry
)iiitri<;t in the I'rovince, I leceircd f om the
eai'ea'ble porticm of the fotnmiinity, I Rilowed
fin to mnktf deliberate preparationH for revolt.
Ajjrtin, he says in Itis despatch to L'd
f Ipnel); of tlie 1 9th December, " 1 pur-
osely dismissed from the Province the
*holrt of ihe irooj.s,"' salisHed that '* the
ore I encMiirng-ed thfm lo consider
« defpiiTf Ie>i8 the better.'' Here we
iee him ♦»ncourcfg*rn|r MackenziH to re-
nit, and instead of tHkrn? precaution*
ry means o prMvent rebtillion, he abe's
he commission of hijph tr«u!ion. Re-
ardiess of remon-trani'esf, spurning ad-
ice, eager only for an opportunity of
roving his own imperioriiy and of
reaking his vpngfeaiice on his oppo-
jnents, we Hnd him, in order to obtain
hosH darling oltjecs; even hazarding
he ovt'rihr<>w of ttie Queen's authority,
"d ih<» I i!l«ffe and slauifhier of her
Maj»sty':i loyali:^^tsi,ivlien had he bat re-
tained the nm !l/'«t r^'tlon of the for-
cpff, or even taken Ihv most common
precautions after thev wt^re gone, Mac-
kenzie would have been deterred from
his enterprise. Yon, gentlemen, need
not have owed your fiafcty to the
accident of Mr. Powell's escaping and
giving him notice that the Philistines
wfre npcn him. Navy Island woald
not have been seiz-^d, nor would we
now he on the eve of a war with the
United ^n'es. Attain in the same des-
patch he Hay*, ** th^ crisit, important as
it was, was one 1 bad long earn£9</y an-
ticipated ;" that is to say, gentlnmr^n,
hn earnestly anthtipaled revolt^ rebel-
lion and bloodshed. Again, be says,
" 1 observed with .satisfaction, that
Mackenzie wa«s ptiisuing a /ai/>/e«r"V
course of conduct," — there we have
him absolutely rioting with pleasure
over what oa^ht to give every good
man pain ; and to crown the measurn
ni his guilt, ho telU my Lord Glennig:
*' without takittirany notice of his (Mc-
K''n7-i»'\'<) treasonable proeeedingi?. I
trailed vxUh folded arms antit he had
collectud his rebe/ forres, and had ac-
tually commHiiced his attack.*' That
is to say, gentlemen, he ** waited with
folded arm«," not only while the mis-
creants were {sharpening their knives,
but until they had " actually comment
cfiiV* cuttini; your throats. Gentlemen,
what would yon think of a watchman
paid to protect your livf s and property,
who avows that dos-igns were framing
against both, nevertheless allows the
robbers ** a full opportunity to m»ke
their intended experiment,'' should
*• earnestly iinticiimie the crisis," should
*' obiierve wiih sa^j.s/Wc/jwn their lawless
course of conduct," :>botild send away
your sole pnnection, should do afl be
could to encourage tbem to consider
you defencf'less, and then, " witljout
taking any notice of their guilty pio-
eeediiig:^, i»hould wait vtvxh folded (frms
• t' »<
I I
t^ntil lliBy I»nti colUcdMl iheir forces nitil
iiail tfctuully cniDtiiuiireil \\w iiitHtk"
itpoii )«Mir \iwtfi aiwi |ii-uper(y. 1 iiuk
vou, goiitiuiuen, wliai would yuii think
ijfMU'.'i* it w'uicliiiiait ? Why, unques-
tionably, that hu uu^ mure giiil<y, a
tbuuhaiid lionea uter, tbt^ii llie rubUers
tlK*inf-«lve8 ; and yet, geiitleinea, I have
not 5'et heard that Sir I'raiicis had been
iiidiulnd. TiiH r.ici IS, il Or. Alorriiion
kad wriUeii oii' "liriieih pat( as mn<h as
the aliovu, 1 u'«iiid not have ibe face to
ktand up and defend biui for a iiMiment }
and whfu I coinpure Dti Morrisou'd
tittle luiiterabltt Declaration to the a:^-
toundi g declarafiuns I have just read
310U, and vunnider tbe dilFerent roaiiner
'm which ihey have been treated^ 1 can-
Mfjl helpackuowledging'^vith the lowest
buiiiilliy, that wb are, indeed, but poor
vrring t-reature!) at b4'8i. liut, gent<e-
Men, erriug as we are, we hM have du'
lies to perlorni lo the best oli our abili-
ty ; ami therefore, I feel it to be sncure
U) remind yoo that lite eyes of the
whole Province are upuii you, k is
mot inerelji ibe personn now in the (.'curt
liuiise, nor yet the inhabitant)* of thin
piace ahtite that are to pass tlieir jud^.
HI' ni upon your jud^mr'nttbut the peo-
ple of tbe Trovince at large, and above
mI', tiiture gen^'ratiiHis, who will have
fr'asoji to hle^s or to cMirse your niemo-
iMfs^ai* your condoit tlii^ day may lend
•idler to perpetual* or de<tlroy those I.-
bi'.rties and ri^lH^i fur whii-h ourances-
tui's have fought and bled. And now,
fteiitlenien, 1 do n«>( know tint I can
%.lo*ie this part of out r.;tmi in a nioreap-
fi'opriate manner, (bun by reading to
Ihou the followini; e:i raet from the Ad-
iiie!>a of Ihedis iogiitshed individual be*
l^re named, Ailuriiey (rnnerai Seott,
^afterwards Lird l^idoii) lo the Jury
iiii ibe ease of Tooke : —
* VV«- littve Hi(rpat hiuI nloiion systPin upon
fftf «irti(»ie, >«ii<l ill till* iliitulia' i(«^ ol voiir diitv
l**! h li«»ii»mfiitl»«rwl tbit wha.«»»cr o|»inion I
iniiv Kmv«' lor riei) <>r rlit> < h-<> hI one ol ii* I)"kI
m'iiit !,'!«;.->, li)*.. il i: iiili;rue.;^ I>«ii«: lui' liie
If)
lit»prti;'s !\ni] leriiiijy of the roimtrr tlirt lf\,f(t"
Kfs wli'rti jiirien ni ty 'iiiiik <i illtitnl tivt' ihuii«
Ktitiil riiifii iMuiiUl III' H qiiiUi'il, nil man know-
iiiu lha> il they etiiiiitv in otihui KrlKMiifs, lu
r^Tiniii t'Xipiiiti tliey nre liable to Ite irieil and
liHvea verdict II' eui ty or iiol tcuilt^v |).isr4 u|)<
on ihftin. i Nay il )>* a (iiauxunit <iiiii>- beUnr
lo'i ilioKe lilM>riie.'i mid iliat Hetul-iiV lliat (triA-
o'li'rs ^hiiiitil earifpe tviiose juri n iloiilit tliro'
ntUcoiiceiviii^ the transactions or not dulv np-
plyin); ilie evidence, tlmn tliat one man aImiuC
wtiiwe r.ise anv IwreFve iileii may liHte a lair
doubt ill tlie conflii-ioii of the CHtiie, K^foiild
lie found fruilly« and ihe niiserv of nndini: liini
gtillty under thai donlir Ite ii|'Oii ilitiir niiniU."
**(}entleuten, it id fit that I sboirSd alfo
Say upon this caiie, that if the most
ntischievous man that ever existed in
Cireat Britain, was brought to this bar,
it is of no con^e<{U"iice^ n >iie in the
world, in tlie triui of the charge that is
unbrnitted fo Ihe consideration of the
jury, except so far tis the lend<'nr-y and
tenor af tbe Rctions which c«>iis(itiile
those ini!4uhrevous qualitk;s )it h\i char-
acter, bear upon the charge whieh the
jury are to try. I dismiss, therefiNPo,
froiD thi<* case in one nionieiit« as I did
in the last tiial* etery thinu; that my
friends have said about constructive
treason, analogous treason, like trea<
Son, accumulative treason and libels. —
Gentlemen of the Jury, if you should
find, what 1 am sorry to say, I think
you cannot fail to find, if you should
find ibels in every part of this evidence
laid before you, which has lyeen pub-
lished by this getirleman, yet 1 have not
the least difficulty in saying, Ibat you
are to try a charge of quite a difterent
nature, and it does not siirnify w bat Ihe
gentleman at the bar l<as dtme in the
distribution of libels in the vounlij,
provided it cannot be made out to >ou
that he has dot e that in the prosecu'
tioii of tbe design which this indict*
mnni. eharges af>ainst him.*'
I have now, (ientlen'an, pcjformed
my duty. The attention you ha\ e p.iid
to what 1 have thought it necessary tu
say, culls fur niv warnie>4t lhaiik!<, and
is an eaiiicsl that you will do your*.
Edward Perrtf iwnrrl. — Left hh
how** tf» |f;» to GforKe mippt Cimitt*) on »M«
liifrtit of ih<>4ih IVrpinltcr nltnui 7 oVIork — «
(.Hlli'i! «)ii hJH WHv Rt Itr. MiMrlsiinV aii<i lelt
hi^« ^vife ilitfiH On hit ii-ltiiii whii |i tvaH hi
9 oVIopk. dll'rt ;ii>,iiM when hp kbw |)r. Mor»
risoii in thP t)nrl>iHr with liiii lninily> Im p;ir>
tionlar hk to t!iR lUiu s on Hccoimt of meeting
time. Saw iioihing iiniixiiHlin 1)t. Mjnisi.n'ii
manner, nor did hi* hear of ilie lisitig ihilil it
was pul)!ii'iy knu«^n.
Mrs. Perry steorn.^WnnHt Doplcir
M'irii''onV h'Mise on the ni:tlit of im 4tli Dec.
Itetween ifi* hours of 7 tiii<i 9. S,iw the Dr.
there with his THmiiy, and uhserfed iiotliini;
AfiuHiiRt in hi!4 hmniier. He was called to \M
tiilice several tiiues Imt wait atiseiit unly lur a
few minutes
Edward Wright sufom.— On the
ftiulit u( the 4ih of Uecemher feelini; unw<>ll
lie went to Dr. Morri^'tn for medieiti advice,
ahout 9 oVlo< k. I'old Dr. M. about a report
tifiirmpt) people hpihi> on Yor.g<> street. Tin*
DiTctorcaid he did not be!i. y» k as the people
were too enli)(hlened lo talve muh a step.—
Kecolleds Mr. Ln>vrenie cominfj; to his dour
that nigiit. He said he hidde hh est'-ape thro*
dwamps and I'toulton's fieldti. IiAwrent'e ex<
pre«i«ed ifpprphensijns of bi-in* shot, and was
80 frightened that he cuuld hardly keep on his
liorse.
CRo^A-EXAtltvEn— Heard Ih-oiigh the (tty
on MuiidHv ilidt armed persons were on Yoniie
Street. The time he saw Lawrfnce was 10
ininules befoi e 2 o'cluek.
RK-k:xAM AiBtt — Saw Dbetor IVlrirrlson early
next moiniiig about 0. lie sv*Mned -nrprised
•t the intclligeniv at the o'ltbreak. The name
of witness is 10 the Dec Jaration liiuu^li be iie«
ier tinned it.
Jnmts tiridgland stdorn. — Called tLi
t^r MtiiriMon's about a «)iiHrter before 8 on
the night of Mondtiy tlie 4 h-Det. Sai'the
Doctor and obiierved nothings nnosiial in his
manner, nor did he^ hear uf the rising until
jiuitlicly l<nown.
tiiigh Main suforn. — Called on Dr.
Kforrison on^the ni^ht of tlie 4ih Dec. A little
Ifier 9 o'clock. U particulate iiix>nt the hour
a!< the 9>H-tety \Vhich he wmm that nijiht attend
inir broKe up exactly at nine; ^Vitness at^ked
tbr- Doc or to fliltend a person who was fick
in hi.* house; He came in abutit an liobr itfter
nod remained only 10 minutes. Desired wit*
n<-8S go to his house in Hlaiut a quarter of au
liour. when*<he ifledicine would be ready. —
Did go at the appt^liited lime and gut it froui
the Doctor himself.
Ckosokxawimd.— W«nt to the meetinx of
his Society between 6 & f , where he remained
tnlil 9 oV-lock. is posttite ks to lln^ hour be<
iiau^e Uiie of th^ itieti looked at his waUb;
WfJi Musson aitfom* — Mfet Dr'.Mor-
H^oft in King street opposite the Court House
<nt the uigirt ol lite 4ib D«.c«imber about lO
ly
orlrtpfc. Mr Mlllx wi« with wi n^ttiK. Hft
Mo ri*>n was wnlt^in^ l> loiirely. Th<'y Joineil
liini Mud «ent as fara** Ketchuin's rornfr wheil
till! i)o.-tor parted and went up Newi^aie itir«-A|
towards his home.
('Aims I'-.XAMiNRn.'— Spoke of the report of k
disturbance to Dr. Morrison « h,» tieeined sur-
prised aiul appeared to disbelieve it AH li«
*ai(l was that he feared we w«ie going to havtt
troublesoine limes.
Mrg. Nannah Doc/ gworn, — On the
ninht of th" 4ih De'-ember, Dr Mjrrison called
to see h. r alNiut a quarter paai H oVIock. He
did not re r.''.n long. Called agwin (he sxme
niuht about a tpiarier past II. She thinks
Do'-lor Morrison appeared more dejected than
usual.
iMtsa \]artf Doei sworn.— Recollects
Dr. Morriaon 'leinij at her father's huuae oi»
the nitihi of Monday the 4th December. He
fli-st called a 1 tlie alter 8 o'clock, and a set-ona
time at lO miutiles past I i. Is exact as to the
Itour because her brother iminediately after
Dr. Morrison went away, came into the room
and Siiid it wns tiiue to go lo bed. it beinc a
quarter uast t i . Heard on tlie following Wedo
ne^day tltat Dr. Morriaoi, was arrested for be^*
ing at Montgomerys. Began then to rerollei-l
the lime of thn Doctors visiis to their house.
At/red Patrick sworn. — Saw Doctot
Morrison at his house on Mondav evening the
4:h Decemlwr, at 3 o'cloirk, and again at 6.
Told him he understood tint persons werit
collecting on Vonu;e street. Witness heard tli^
report i hat day from ( aptain Fitzciblion. Saw
Dr. .Morrison twice next day and remained all
Tuesday at his house during which time tlte
Doctor was not out.
Mr5. Patriek stoom.— Went with
Mr. Patiickand her sistel- to Dr. Morrisons oti
Tutfsdayand remained there unti! the Doctor
was arrested . He wa* at home all that lime
exeept for about iO minutes at 1 1 in the morn-
iiig. The family remained up the entue of thtl
iiight.
}Ais$ tldpKins Mom. — Went wUh
b*r sister to Dr. Morrisons on Tuesday inirn«
ing And remaink:d tliere until next day. The
Dot;tnr was absent duiing that time only for a
few minutes on Wednesday morning.
Rev.Jehn Roaf sworn.— Shw Dr.
Mnrriijon on Tuesday morning, £th December,
about )0 in the morning. Saw him again oH
vera! tiines during the day, and observed no-
thhig unusual in Dr. M's manner or ctmversa*
tiOii. After his arrest called on the family and
desired them make a memorandum of the tims
they had seen the Doctor.
t'HoSR-EXJiMi NED.- Called often at DuMoi*
Aforriiioiist Iterance his liuuse is on the liDe of
itreet along which he passes to the city.
fAiss Gilbert sworn, — llecollects the
4tb of Deceintier, whet) she resided with her
t>i«ter at Di. HorriMUSi KtcuUecut Mr. fairicl;
1
18
B
Ii'lnjt *t lh«» loMcK iv\ til tt^vrtiinc; ii'«(>M',
ii;ul >1i«. IVny lieiiii iltn*'; »)•<(• Miiin having
ni Ipilon llip imim* nielil iiIm>'iI Oo'rlock. AOi^r
ilii« Itiirror uitTpliim M« rni><li(*in«> hn «'««nt
ovor 'o Mr. I>(>p|i n «l wnn alMPnt only 10 or
I '• iiii" iVf*. On 111* iPti'ri •h«» f.milv « n 'o
rt*<«t aiui «virnPH-< )>hw Dr. Murrifinii go initi hiw
l>«"1 ot'ini; iliU wn« iiliniil liilf |tii<i II. Diti
no Itear ilip Hocior kimihI <ir con e in Hff»*r.
««H (U. H» rsiilij gi'u r«>lv Kooiit wMmiit iiRr
Ir'AriDiii '"* lhi> h 'im> would mnkr h gral nnitxf
♦•MH^iiig lli(» pJMikiiiic. M'.Wiiithr ciillfrt pnilv
ii-xi in it'Tiinift anil the R<>v« Mr. II nf fpvpinl
tiiiip»iii the roll me of the day. Dr. Moni«<n
n vfef httl fi"e !trm« In ihe liounp, nm- lihl lio
tiri* pijitnls. B^'fir H* oh* evpf lipatd.
Archibali Maeri melt sworn — Wn»
tnkei' |»i-on"r on Yonge mroet on the niulit of
tl>i» 4lli Detpmhc . MncKPiizif Hrul 4 oihern
tiMilt him anri Mr. Powi*!!. I>r. MoriUuii in
liii 'ipiiiiit < waH notO!)e of th« prly.
Mri. Br tocT sworn. Fi<e weeks
Iii«f SmIii'(1:»v ''nptaiii Hridtjlortl fume ti» Mr.
Krtki'tfi ; lie •'Hill \\f. Mh« not sine of tJiK peisriri
)it> -iHw I rinu; DoiMnr Mori^nii, tliat liixcnp wan
oTMi- liH fairf anil he did not f>peHl<. She >aiJ
pi'rlia,ia it miglit Imvi* Open I)i Uolph.
Oenrge Dugganjunr. sworn. — Went
on Voni.'H Street aj"ut 10 o'clock on
Mund^iy nip'bt to patrole it. liemain-
e<l llicrH until the fullnvving Wedtifsda}'
wlien hf< Wits 'aken prisoner. Does
not lliink It lik( ly tiiiit Dr. Morri.-^on
(.'oulil pa^^s wilho it itis niisei vii)<; bini,
and (lid not $=ee him during tliat time.
Cross-kxamined. — -Uridgford told
tiini b(> had s^'eii M<j(kei)zi(> but said
uotliin? about Dr. Mfrriso!'.
Jamea M. Price sworn — His name
VfH* pill lo the D»'cliira'ion but be did
not sisrn it, neitlier did be attend any
of th^'ir Tiieeiinvs at Dui'l'^ because be
uiulerst od Dr. Ilolpii and Mr. Ui<Jwell
would not b« ibi-iv. liis reasons for
objecting tosijfn tbe Declaration wtre,
firtt tbe opinion expressed reg irding
tlin nohv^oisuinptior) of duty-payingf
nrlicl"s, a'»d »''condly its iufeil'ereni e
ill (he atl'iTS of l^'>wer Canada. He
luouirlii OHH IVoincn had no ri2:bt to
iiUerlern io the couccrnP of another. —
And thirilly, because Dr. llolpb had
n •» signed if: N' ver heard of ibw ex-
istence of an F.x euiive Committee
tiniil b>' r^ad Mickeit/.i^'a naraiive and
Polemiilv d savows e«er hearing of it till
then. He did n')t attend any public
. n**'P'ini"= l»"''ily. Firn tbey bud tlie
AUiauce Sjciuiy; that iost lu Coasti-
(uiional rteforni Sorltv which ror'pfnl
in I'oliiicul Uiiioo, lln- ((»<» la-t socio-
tins he belonir^'d to. VVitn>-s.4 mini d
HKn D legate but never tii iiight it s -li-
ou ly eouteroplatet.' ti bnM a uonveu-
ti >n Hs it was never a ter mentioned.
Cr'ii'b-rxaminri) — If Dr. llofpit
had signed the declaration, he thinkn
he wo'ild hav*> dime no t'lo. Never
heaid Dr. Rolph any uiiyibing about
the meeting.
Jo/m E. Tims sworn. — Attended the
mi'Uliiiff where ihe declaration wua
adopted, (tnii hi^-ard nothiu|^ t^aid about
sopnra i'>n from the molbor country —
He n« ver had an idea at the time of
such n thing. Doesi not think il vvas
e^or ititendod to eall the dnh^ga'es to-
irether fi»r the purp'>8H of Hebi'llion.—
'JMie thing wa^« pot up niprely to have «
moral elfoct, and give an exi'ression to
publiu rpinion on the bubjeot of their
grie\ ances.
Gf.orge Morrison sworn. — Was at
the nii'eting whwi the decl iri'ion was
adopted, tieard Dr. Morris >n makrt
R speech in whiuh bo praised the f-iritish
Constitution as being the lines! in tbe
worid, if we eould get il properly h<1-
niinistered i»ere.
Dr W. .1. O'Grarfi/ sirnrn.— WM
n niemb' r of a Society calhd tbe Poli-
tieal Union, the sole obj»»ct of v%hich
was to concon'rate | ubiic opinion with
8 view to obtain a rediojis of onr wrong's.
Has been intimate with Dr. Morrison
f »r the list n'ne years, and newirnurinjf
that long p"riod, heard bim give ex-
pression to an opinion bordering on a
s^^par'ttion from Kntrland. Witn ss
thi'tks that Dr Morrison's estimate of
Mackenzie was very low.
C»OSS EXAMINED RVMu. riAaFRMAXt
Was not at the meeting when t rt
declaration was ad'>p*ed. Has lie**!! in
corrHSi»ondenre with Mr. Fapineau.^
Nothing in Mr. P*s. letters that gave
him reason to supp se he des^ired to »f-
fejrt a s parafion frotn Gnal Britain.
When the supplies w< re slopped wit-
ness be^jTHii to suspect that the Lower
Caoa 'iiHi As-eii>l)|y det^ired .'-epara iim.
Thinks lUu imperi.l Parhaiiicnt might
a-t suciR*
•»i mini d
;lit it s li-
it COItVPII-
itionod.
•. iior|)»i
lie ihinkii
►, NrvHf
iiij; itbuiit
pndpci the
ition was
iHiiJ Hbout
on II try —
in lime of
nk it was
'^pa'os t<'-
jt'llion.—
to Uaw «
■eseioji to
of their
-Was at
I'ion wjis
»'»n makff
lie Hritisli
f'V. in the
perly a«l-
n. — Was
he Poli-
i)f v%hicll
ion with
r wrong's.
Morrison
'rriurinjf
givH fx-
•ng oil a
Willi S3
tiinate of
i'h«'n t A
I lief n in
in^^aij. — t
hat gave
'»! to rf«
Britain.
)ed wit-
Ltowet
mra ion.
tt luigbt
hivA !imon«I«*(l Iho Consiitn'ion «o n« to
iiati.s!y ti;e |><}t>j)li; notwitlirtaii iiii||r liu;
<)2 Ili'sol.Miotis. The llHfi>r«n«'ii« there
tcrniH'l lo |»ur=iie Mr. O'Ciniuell'i jhi-
li(*y fur Irel'ind, by askiiiif tor'y tibil-
iiiijifs i:i the pound, lio|iin|; to ^ 't twen-
ty. Mis coiii)!<p<>n(ie(ii'e with .VI r. Pa.
piiieau woul i not lead him to a iidi'uI
rnrtainly tliat separa'iun »'as iiileixJed.
FrpquiMiily heard L)r Morrison advo'^
CHto Mr. Piipiueau^ii views, but nev^r
hiard iii.n exjiress a desire of hi parti-
tion i'runi the inotber ooi'nt 'y.
Rk-examinkdby Mh, fJoswEiL;
Thinks if an Elective L |nrislative
Coiiii-il had boen gfrnnied to the Low-
er Canadian?, even at the Hlh hour,
no rt'bi'llion would have taken plaeo.
'I' he evideucc for the defence closed
here. '
Mr. BoswELL BRid, It was now hig
duly, on closing the case for (he prison-
er, 10 lirlng back the atention of the
Jury from the interestiujr trial of wits
between ih»« learned Attorney GcMipral
aud Dr O'CJlrady, the last witness ex-
am ned to the question whjoh they were
Impunnelled to try. lie (Mr. B ) was
of opinion tliat this trial, from the great
principh 8 it involved, and the number
of persons interested in it, was the
mo3i iiuportani that ever had beon tried
ill tliis Province. Tiie verdiet now to
be r ndc red woult) determine whether
freedom of discessjon, tin- right of e\ eiy
iiMii fearlessly toexpreoshis opinion on
public air.iirs, should be utt.ily suppri ss-
ed, iind the voice of public opinion si-
l<-ncid tor ever. That U the question,
a mighty one, indeed, not only for Iheni-
selvis, but for thelj childrt^n and their
childr n's ehildrcn. There were tvro
pp ciea of tieason charged against Dr.
Morrison. The first, a mpassing the
Queen's death ; the other, jeyyinuf war
Buainst the Quren in this Province. —
'IMiH last would easily be dispose) of,
and be inlendt'd to confine his oh.ser>
viiiions pr'ncipally to the first and more
t iiportanl ehitr^e. In doing so, lie
should be obliged, as he had done in
other cases of the sa nn nutur*', to dwell
ut some length o.u the r|iioetijik of la\y
19
which thf« dnrje involvf*!. It wM
no'. |>lr-astiiit fur ajury to b«i Hddrc>-Het|
at leni>tli on a dry point of law, norwrni
it liaiual in most cukcs to do s >, but ijie
(} Motion uf I nv and fact were hero so
closely connt'otv d that it was dillluull to
sepanto (belli, and in 'ms** of a innii-
lar kind in Kiiitland, Counsel had ad-
dressed the Juries at great length upon
the law. 'I'his waa donn in the cas*'K
of Tooke, IJiirdy and other.*, to whioli
the learned .\ttorney CJeneral had re-
ferred. Ill this country it was a nnw
que.<;iif>n, and he (Mr B.) entertiiininu:
the decided opinion wliioh he did oil
the .subject, would neVi r consent to give
up hie view of it, and to concur in the
cou»t uction of the Sta utc of trea.sons
for wh ch his learned iViend the Att*y
General had contended, unfil the mai-
t(!r had bi>en fully submitted to ail tbu
fudges, and decided upon solemn nr^u-
iprin*. 'I bf prioiier was chargf d with
C">mpas-iiiifr tlie Que n's death, that ix,
tcit/t inhn'thig lo ki/l the Qaccn; sucli
is the iiieaiiin>! ol tl'C Statute, as ho,
a'ould prns ntly shew, iuwl before I hoy
bring in a verdiet of jfuilty, the jury
nuKsi be Satisfied that Qr. Morrison ac-
tually contemplated the death of her
Maj sly Que«'n V^ictoria. ll was no^
tl e poliiital death which tlie Statute
meant, it was the aeiuid, the bodily
dt'aih. It had boen duciJt-d in Biie-
land, that a conspiracy to ie y war
against ihe Sovereign, was evidence of
compassing the Sovreigu's dentb, but
thn r« asoninfi; oi) which that deci:?ion is
founded is, that levying war ngfainst the
Sovereign or dethr >ning her could not
be eontoinplated without, at tlie samn
lime, contemplaiinj; her death, as death
would be, if not the inevitable, at all.
ev^-nf, a most probable result. Men
would be idt ots, indeed, who should
vvnge war aafai"si their Sovereign in
England, or who shtudd attempt to de-
tnionf> her without entertaining the tJC-
peel ilion, that her deaMi would natural*
ly follow. He (.Mr. U ) had only to
instance the case of Chiirlos the 1st,
itiid Loui-s ill J in.h, to show how true
it \^ t«»at the d< tiuotiemtnt of Piincea
eud in their d&struu'.iou. But in this
I
PrhvlhCA it wan qdlfc dl(f*<'Pnt, (lie
death of the Soverdf n, *n ftir from be-
iaff the probHble or nHturnl rDnscqiieiicH
uf our sepuratioii Iruiit Orfnt liriiaii.
^r of • revolt here, €Mt scHrct^iy lie
iuppovd [to»»iti\9 to pruc««(l (ruDi f i->
thef of ilifin^aniJ It U only by imagina-
ry rea>«oning that tbe ia«r can be ttppii-
6d. fr a n'bellioii itike« place luTu. i'
maj be said her Majesty oti«y tbiiik it
fleuesaary t'l crosd the seaiiuiih litit
iirm}\ and u chaiico l)allet may thftii dett-
Iroy bor, or puMlu meeiiiiit!* iNHy b<r
htiM. as Ihey have tilready been held hi
ICngluAd, upon the aultject of tlie r<*-
iuit here, and ihvtt \f llif re be a reiiul-
1) m thefe, then her Mj^sty 'a person
inay he endaiig'fcii in ihhdv waye, and
her death aeoom pi ishnd. It is only by
suL-h a procesii of rea.^oninif . if you con
iail h reiksoning, that tbe !SlH(uie can
lie appUHd to (iades of this descripliou
in Ibis country } by imhxiitin(i[ conse-
flitcnc^i's (bat are nev^r I'rkefy to occur.
The resolf of a rebt'llion in tbe two
countries must be, from thurr distance
mid circumstances, perfectly distinct,
iud if is absurd to apply tbe same rea-
soninic to fcfsulta >i^hich are ad ^vrde aii
i\i» East is from the West. But his
^ariied friend would &a)r, lliiat it M Te*-y
Irud the 9ov(>tei((n is .'iOUO milefl off,
(»ltt then the law mppoits her to be it)
•v^t'jr pitrt of her domihioils at ilie same
lime. This he (Mh 9 ) admitted, -<
ftut walk it a faot ? I A Our Giacroos
f^deeh Vieforia in thh Provinte in hef
b^tx n&litral body, sd that any one
fbtght put her to acdial death ? W(i
kll kno^v she is nut. Ttie Itivf ^ii;)pus>^a
h is a fiction tlko miny othiir fh;ti(ii)S.
Tbe la*, iri the same way, 8iih(wwb,4
fbe exis(*'n<'.eof John [>oetfnd Richard
Koe. But the 01 ttter before the jury
Is oiie of life and death, ahd U Dr. iMot-*
/?30h to be Reasoned to death Upou a
lictbin ? If Dr. MorHs6n orgaiiiZ'>dj
(as ii is contended he dtd) a 9^/eiety i^n
^hia f^rovincf, bent nxi brin^infi; about a
tiepuratiorr of this Colony from Oreat
t^fitain, does it by any means aff^d u
pi'odf that be contemplated the death
^ the Queen? Thalia the cfut^siron
iHi this part of (he churge. Ii is u (juea-
20
lion of Ihtf^ntibrt ; ttie hvt in dna^ hi
hl{{h treason reiiiinlni; the old dooirinrf
of ifo/uuifis pro fucto—xhii will for tbe
deed. Th<f a<*t is only proved for thtl
pUi-pntfo of shewing wliftt vi^as the In-
t) hti'xi. Tne learned Counsel thert
Riiid be wotild rend an fiztract or tw<l
from eminent I gal authorities lo prov4
tb)' pr>i«i'ions ho MiaintHinod. He would
first. ho«vever, rend to llifm the wordi
of tb(4 Statute as adopted by our o«wn
l»Hrll«moAt, 3J. Wm. IV, c. 4:— *• 1^
a person do onmpass or imaKfl"^ ihfl
death (»f our L'»rd the King, and there*
of be pruvenbly aCaintcd of open dfced
by people of his condition, suuh person
so attainted, tthall be fcuilty of treason,
and shall sntT'r death.'* Tho»e wera
the words copied Crero (he words of (be
good old Act ol Edward the dd. Nlr^
Justice footer,' speaking of this Siu-
(u'et Slip's, " the entt^ring into mensures
for deporiug or imprisoning the Kinjgf
or to get liht person into flie power of
the eonspiratorli, Ibes^ otf^nces are
tfve^t aets of treason ivi'thln this branch
of the Statute, fvtr ttptritnct hath
shottn, that befioteit the prison and the
graves of prince i, th« distance ii tfery
tm'i/iy The jury Wotrld at once see
by tbib reasoning of the leariied Judgey
that thfi actual, not the political death,
Was intended bv the Statute. [Mr. H.
(hen read from Bbiekstonc, a hissloiycf
the Statute of Edward (be 3(J, and of
the puins taken by Richard the 2d and
btiicr Soierer^ns lo get lid uf it, and
tef rred to the numerous treasons crea-
l*»d in the at'bitraiy reign of Kin^ Hen-'
ry 8th, all \thit<b were JmU'-equently
swept dvvay by another Biitisb Statute!
vi^hi'ch oAt:e mot'e reduced all treasoni
t6 th^ 8tatclt(4 Edward .tJ. and ))roce«>d-'
ed to remark at considerable length oit
the pains the LegistafUfe of En^riaiid
had tHk^n to avoid n^w and consirno-<
five treasuti.} Mr. B. trusted the jury
would beat his vi. w of the law in mind
during: the remaihdei* of his observati-'
6hs. He contended, that (here was no
^idence to shew that Dr. M. ever con'
f^mplated he sepairHftion of this Cidony
frilni Great iiriiain ; on the contrary^
it bfjd bemi expriassly provt^d, litat Ij«
I III iwmfm^mmmm
91
rBr M.] WHS an nrdont admirer or iha
Krituli CoiiHiituiioii, ^hich upon all
uutaaioiis fio hal cpokeii of with the
utmoHt i^tfheratioii and respect on
all occaiionii, both, pnMicly and pr i<
yuiely. Bal he ^Mr. U) was anxl-
oua to trguu the (junition upon th«
broad principle, that if all the learned
Attorney General charged Dr. M. with
on this branch of tbo vbie "ere true,
that •till It did not amoont to treason.
Ills letifiiied friend Soenied to bH iin«-
pretised wiib great horror at the idea of
a Cuiivention of Dulogates b«>liig usseni*
bled in this Province, and argued that
if such an iiS^emLtly Uere serlou:ily en-
tertaiitbd by Dr. JVl(/iri:ion, then, no
doubt could be left of his jeruilt. The
onl^ evidence ot^ such hn iatentioii h
to be gnthered froni the Duclaratioii it-
seir, fur all the witnesses were consis-
tent in eaylns tliat 4 Convention was
never seriuu&iy intfn(ltid. Dut it is an
error to sdppose that Con vt^ni ions of
tins d(>scriptioh are iUegal or unusual.
Vuribilti Cohveiitlons bAva been held
by British subjecls at diiTerent times.
I'criiaps the mdst analaeous to tlie pre^
d^nt cdie, was Ihalt bfilJ by thie old Co-
lonies Of New tjanipsbiire, New Haveii.
Miissiichussetts, ^z^e , an account oi
w))ic1i wrHs to be found in (jraham*:j l)is«
tory 6f the tjriited iStutes of AtneriCi).
[Tlie ieartied Counsel here read an c;c<^
tract from that woi'k.] Those Conven-
tions weria recognized by ti;o nutbe-
country, and their representations ress
pecifiiily listened to. Another one vva-
beld in the old culohies upon thti sqb-
j'ct of tl^e Stamp Act, and in conser
quence of thege renionstraucee, the Bri-
tish f>tfislaiure repeated it. In Ire-
I'^nd iind England conventions also had
been hfld. and hud not been declared
illegal, lie (Mr. Bosweii) was noi
standing there tne advocate of conven*
tioiis; he certainly considered it was
u mode of Hscertainiiig public opinion,
ubich never should be resorted to ex-
cept in tiine^ ot viery absbllile newossity,
and be certainly ihonghi siicb a time
bad not arrived ill this Province. But
while he U^as advocating the right of
free discussion, it should bo absurd in
bind to say that lie. Muirisuu luighi
nut cunsci^itiuusly entortajn ibe opi.
niju that ihc time had urrivjd.—
— tf« (Mr. t).) had jatrmidy stated itiiilt
iherb wits no proof that a convention
wiu at hII intended, pnd be thoa^ht be
bad riow she^n that if it bad been i^
ikraa not treasonable. Tike trui^. objecjt
ef the Declaration pkt'ght be that stated
by Dr. Q Grady. It laig^t b4Te beea
adopted Dpon the principle of asking
for more t^an yon A^ant. Such was ge*
piBirally the coadiict of poliiiciiins.—
There was always a greater appearaiiCtt
of extreme opinions than was seriously
entertained, l^ow was it in England
when the torics were power? The
wliigs then exhibited the utmost extra-
vagance ill their demands, nothing bu^
vote by ballot, annual parliaments and
a great exlenhiun of the franchise would
satisfy theiu. But then in power, let
them have the reins of goven ment in
their hands and they resist all these in-
novations with the same pertinacity ail
the tories ttjeniselves. The policy then
appears to ,be ask iuucb and you may
get a ^ittle, ^sk only for a little and you
g^t nothing. This, reasoning would rea-
dily account for ,the tu^e and spirit of
ptibiic doobments like this Declaration.
The next question supposing a oonven*
tlon to have been realjy intended vvn^
what was its nlyect. The learned Att'y
Qeneral bad stated that upon the face
of the Declaration it was evident that
the object vas separation from the mo-
tber country, and that $ucb an object to
be thought about by a convention wa<
tfeasonable. He (Mv. Boswellj denieq
that such an obj ct was apparent, but
still he would nK^et the learned Attor7
qey General upon h|s own ground, and
would contend that the discussiun of
the quesUoii of a separation was per-
fectly legal. The greatest statesmen
in EIngland had UQiformly been oropi*?
nion that the separation of this culoiiy
from England v\'as inevitable and that
it ought to be looked forward to and
provided for; Ho could scarcely coin-
cide in that opinion, for be knew no
reason why they shocld not go on hand
in band together forever. When he
said forever he meant it in the limited
sense in which mortals used that word.
He knew that the day must arrive, but
he hoped it was far distant when ih»
mighty and powerful empire of Britairi
would, like other gicat nations, wbiobi
i
Ji
W''
■j
i4
22
bnd existed before it, be no niorp;— nepantion imd arrived, and that a liii^«j
liistory too truly nssiireii us tb^t nations jori'y of tbo people were in favor of it,
great as her have flourished for a season and l\^ had an equal rijvht to advocate j
and have tlieii sunk into decay. Knc- that opinion. Toe qups iun was freely
land mifst sbaro the same fate This disonsstid in Gngland and the law there]
country will also change with the revu- on the subject of high iieason is pre«
lutions of the worM ; it may rise into cist)ly the same as in this country. If^
a grtiiit and glorious naiion and rafter it be treason to discass it bore, so it is
years of S|)lend<)ur b« swept away, and there ; no distinction can be made. If
nien in tuture tuiieii may be at a loss to discussion upon tbesabjcct is to Ix^'op-
trace on tl\e map of the world where pressed, the wishes of iha people can
Canada (iiicH was. He hoped the day only bo sh'^wn by open rebellion. What
of li^neland's decliiio was far, far dis- evil, he would ask, would arise from the
discussion ? We were sensible that the
connection was advantageous; the moro
then it was discussed the more manifest
those advantages would appear. VV'e
ought to be anxious lu have the question
tant. That she might long continue the
bright liuppy spot she now U, famed
for thf> protection which her l.iws have
provi<ied for freedom of discussion with-
out the dr«*ad «>f jiunis'iniont. The on-
ly inevitaltle .spparatioa between this
discussed. If a poet wished to shonr
country and (rreat Hritaiti, Mr. IS. con* tho world the beauties of his prodac«
ceived was tlmt vvhiuli mi^bt occur up- tions and the powers of his imagination
on the general decay of the British em- he did not keep bis poem in hia pocket
pire; still, liow<<ver, the general opi- vvhere nobody could see it, but he pub<
nion was o'hervvise. Statesmen of all liahcd it and invited observation upon
parties in Engia; J soemed to look for- it, and it it were a good poem, Xhn more
ward to nep.iiaiion as not very distant, it was read, the more it would be ad-
He wunid read them the opinions of mired. They only are afraid of discus-
dome of the mcmlters of ihe present sion v»-uo know that thoir arguments
House of Commons on this subject. will not bear the light. This right of j
[The learoi.'d counsel here read s"V- free discussion was not a mere fanciful
eral extracts from the speeches of Mr. good which men prize without knowing
Kllice, Mr Warhurton and Sir R. Peel, why; it was a right which all men were
showing tiiat it was not deemed the po- anxious for, because it is the great dc-
licy of Gre.it Hri'.ain lo main'ain the fence of their liberties and of vast im-
connoction with the American colonics portanoe to their happiness. Howcvet'
longer than the inh-ibitanis of the colo- we may disposed to praise the moJera-
nies desired.! Mr. 11, continaed— if tion or forbearance of any particular
this coniii^ctiun is to be dependent on government, we know by the experi.
tiit> wihlies of people here how are their ence of past ages that it is the natural
wishes to l^o ascortained if thi^ discus- disposition of governments to encroach
sion of the ques'ion of separation is to upon rather than to uphold the rights
be con^trui d into lii(>h treason ? It is and liberties of the subject. Free dis-
hIIouoiI on all hands that we are to be cussion is the only barrier against this en*
separated, and thi^ only ditfereiice of croacbment ; but disci'ssion was also e-
opMiion ;ipj)'jarjtoboas to the time when minently useful in tho discovery of truth.
tlt<^ sopariiiiun shall take pi tee. Then The people, in ^.'loments of excitement
>f it boa mere questioii of time who is may for a time be wrong, but in the
to determine it, or how can it be deter- end they are always right. It was said
n)ine(l at nil if it is not to be discussed, by the most remarkable man of the
lie (Mr. }i ) certainly thought the con- present age, one wiiose knowledge of
iit'ciioii very advantageous, and the the human race had been acquired by
learned At orncy General and the jury practical experience, be (Mr. U.)mfant
niiglit tliiiik so too ; they all might be tho celebrated Tallyrand, '* I l^now
of o|)inion ihat the time for $"p.iMti'm
biid cwrlionly not yet arrived, but f)r.
Mouiiuii uiiglit entertain viry (.litforent
where there is more wisdom tliHo is to
Le found in Napoleon, or in Voltaire,
or in any minisier past or present — in
O^MUiUOj j
he aii^hi viJnk the ;)ni<j j of jju')!ic <,>j!inion ;'' and this vvh;' ihe voice
1^ that a mil*
II favor of It,
to adyocatft
>n was freely
the law there
>ason is pre>
country. If
ore, so it is
)e made. If
is to li<<r ap.
8 people can
>llion. What
rise from the
ibie that the
us; themoro
9re manifest
ppear. We
the question
led to shonr
his produco
imagination
n hia pocket
but he pub.
■vation upon
m, tho more
uuld be ad.
i of discus*
arguments
hit! ri^ht of
lere fanciful
)Ut knowing
II men were
le great do-
of vast iin-
Hoirevt'i"
be moJera-
■ particular
the experi.
the HHturnl
o encroach
the rights
Free dis-
inst this en-
was also e-
Pry of truth,
excitement
but in the
It was said
nan of the
:>ii'|edge of
cquired li^
. U.)nifant
" I IfrllOW
tliHu is to
II V'oltaire,
rcsoiii — ill
? ilu' voac
trhich the jronfl'-mefi of the jury vrero
now call**d »\mn ?o Rtr:iiie'e. Tli-re
wasa proj'idifN! Iik"ly t(.»<)|MT«teag;iii!st
tb*^ pri>*on"r in this case, which it was
very noc»!Ssary for the jury to pncrd
Brains'. He m 'i»nt tiiat prej«i(li<?e
which ahrays exisU-d aGfiiirisr men who
advf'Cat'-d moas'ir! » i»tTHin.st our pioron-
cpi^H nonon"?. Dr. \). was what iscalh^d
a Rt^ftMnf^r, and h'»»v<>v»^T sincpri* he
iw^M he in hiii views, he wou'd, of
ciMirsfi, have tlie ontnity of all those
whose intnr»s)s would he intorfored
witli l)y carry in g out his (Dr. M's) opi-
nions. He did not cont'iul fjiat l>r.
Moriison'H views wen* ctjirecf, Inn in-
terest might prt'VHiil hiiri (Mr. B.) as
well as oihnrs, from spt'in» the truth. —
The difftcnlty of ineulcatioft- truth
n<^f!iin«t the inierexts of mrinkMid, mifjlit
ho vvfill illustn'i^d hy sinjrfd li story.—
St. Paid pr<'a< li<'d the (lulis of the
Gospel (those truths whirh we all iiow
admit to l>o Incontroveitible) at Kphe-
siii and otlior parts of As^ia. He was
Roccesfid in making many converts in
Kphesus, so much so, that the altars of
tlio- false fiods wt'rv- almost deserted.—
When St. Paid left tlie City a ^re^^t cry
was raisi d tlhre.lbr a man named Uenie-
trms who was a Silversmith, «& who had
made s Iver shrincjs for the Tem|;le of
i) aufl. pHrceivel that Christianity was
goinjj to intorf'TH with his means ot li-
\iiiji;, he therefore as.-cad)lH(l all his
craftsmen . the samo k'lid together,
ant' raised thro'itjnont ttie (^iry, as an
iniitioement to the }»o ipio lo ^o l)ack to
tlieir false tji'ils tin; c.y of " (J real is
Di-ina of iho Kplv'siaiiij." This was
the cb^iri'l hy which he hr»pt>d t(i stop
the prowrngs «'f Chrl.-tiini v. Whrn
fjiithiir atteujptt d tlie roh). miiion, he
was m-'t fty iii»» shioh ciy, I lu' great
hody of the clcrj'y wh'> were sjainrra
hv th^^ eorr.ipiioiis, Wiii-h in that (li<y,
disjjru'U'd ih ; ('a hoi c M(Mi',:;i'in, raisod
tli'^r M) (•(«■; ill (i»vor ot" ihe.r Diaiui. —
lo hliit'lai.fl, whiMi ('iilhojic Koiniu- psi.
tioii was a I* <uat('d,tl:(>»t; who held suits
and ohtMoed uitcs which lh->y knew
tlioy shoii d i'tic wliHH ttio I'll p-is-rsd.
unit (i in « x<'!aindiiiLf wiili cine v«»u(' ;
" <ii»'iil is I) ana of th« hjid»"= aos "'
I" ic aiiv'iiM cs of" i'.nli ii;i-'ii ai v I* '-
lor II were iii i liv lli' saiiio Ctyol (!»<•
i'ili.'.< s I'd iiiji (r'!'lio!OMj;vr-*, *' CmwiI is
2n
Diana of the Kph#»»lans."' All mm
had their Dianas — their pi»rsonal inter-
ests — their fal-^e gods, and whenever
they were atlai'ked tney united in their
defence even ajjainst tlie tr /lh. His
learned friend s'aid ho l»ad not formerly
prosi'cuird Dr. M. for the treason con-
taineti in this Declara'inn, because hH
was swriro of the terid«'rn"S8 of jn-
ries, and hf* thoiii;ht an at'qoit'al would
have hoen prodn live of j^reat mischii f.
Hut now, a rfliellion had broken ont,
he thoujrht a jury woidd eon\iet Why
should they he more ready to oonvict
now than then ? Not a particle of evi.
deuce had heen adduced to connect the
reWellion with the declaration or with
finy act of Dr. Motrison's. On lh«
r.ontrarv, the Drclarationclearlv shows
that no relivllion was contempla'ed. —
The learned Attorney General would
make treason of it, becau^^e it talks of
a convention of delegates, which con-
vention, he savs, was intended to bring
dbont separation. Now, such an inten-
tion was in direct opposition to a re-
bellion, for the rebellion broke out be^
fore any convention was assembled. —
Hot he ("Mr. B.) denied that the juri< s
of this country cotdd pistly bereproHch"<
ed wi'h too much tenderness; he had
found them' on all occasions ready tod<»
their duty. It is true that they wer«
properly cautious in the diseharge of
ft, and they showed, and he hoped Ibey
would always show an anxiety to de-
fend the lil)ertiej of the subject, and
they certainly n»'V«>r wonid coasent that
any man, for the publication of such tt
dor:imi<'nt as that declara ion, should
suflordeith upon the scaffold, and his
family he dnprived of all his property
The leariie<t Att*y G^^n. had always
inaintainrd th'it justice in this coun'ry
was purnly Jidnimis'eree!. To assfrt
that jari^'s xtouldever slirink from t>ieir
duty, ho\v<;vor painful it might be, wj-s
hi opp<)si'ion ti» lii.5 own principles. —
Tiii> truth Wits, the deel ua'ion when
pii'ilishod '.Vfis not eoiisidffred tr''«son,
and if it was not treason then, it is not
treason n(»w. ||is hnrned h lend wli'»
was with hill) in tliis case, hid inipiitid
ill" ("''hfllion '.vhoMy loSir F. H»*Hd, and
In I ^'n^lel^orod to show from >ir K.
H't «»wn I Ml 'HI'."', 'hat \tf hnd aeti'ally
cli;iishtd ii, w,is a vare of its approach,
24
,4
1.' ' I
' S
tnd yet took no step to prevent it. A
nior<f. cnormoas ;'nme could not ha
brought Hgain^'t any innn. He (Mr. B.)
if it were true, should look upon it
vitb the utmost horror. But he was
equally tirell known. His influenvf Ta
the city was entirely gone; be VfM
known too well there to be trusted.
Bat he ht^d acquired an amaKing influ-
ence anionf^i^t an inferior vlasa oj^ peo«
prepared to vindicate Sir F. Ucadfrom pie in the rear parts of the district, by
this charge, and to shew that a rebel- means of his paper whrrh was circula-
Ron was the very last thing he expect- ted amongst them, and taken to contain
ed. It is true that his learned friend nothing bat the truth, because it never
Ikad qjuoted Sir ^. Head's own words Was contradkted. Every thing be said
10 prove tbat be l&netw it, but still be they believed. When the troops were
(Mr. B >was quite sui'e, be was igno- sent away, the id<ea th^n occurFcd rot
xant of it, and the l.tn^ua^e which had IVtackenZie that he might use the cre-
keen alluded to must he explained in dality of these people for his own ad-
^c way Lord Otenelfl^bad explained it, vancement. The insecurity of the ci-
wbn attributed it to the peculiar structure ty. and (he ungqarded nsanner in which
of Sir F. ttead'.s laugUHge to his— [The a large quantity of arms were lefi with-
Kearned Counsel seemed to be at a loss out pi^otection, led him to believe that if
for the proper word, wb^^n a gentleman he could get a body of 4- or 500 resolute
jiear said ** epigramatic.'']; Yes, that men together, the city might easily be
was the word — e pigramatic turn Be taken. He held meetings in the back
would now read a iVw extracts from thd townships & gradually unfolded lo tliom
Htte Lieut. Governor's d spatches, to his plans, and led them to believe that
fhf'w, as thc\ did show, that he (Sir F.) ail the leading Ilfeformers in this ci y
was impressed with the profound tran- were ready to second him, and that the
quillity of this Province, and the im- plot in fact was carried on bv them un-
possibility of uny violient outbrtak. — der the superintendence of an ** Ex-
piVlr. Bi liere read several letters and eoutive Committee" as he termed it. —
part of a despatch of Sir F. K ad, as Be went still further, he told them that
pdbliiibed in the London Mornlnef Cbro- persons in the city connected with the
nicle of the iStli January, whicli fully government only waited a demonstra*
mntained the position of the learned tion when t4iey would join his^ party It
Counsel.] At the time these letters is a ^ct, however incredible it may ap-
were written, the deelnratinn had''long p(>ar, that the name of the most distin-
been published, yet, what did Sir Fran- gtiished individnal in this Provinee, dis«
cis say,? Writing to Lord Glenelg he tingiiished too not only for eminent ta-
observes, *' Mackenzie's eflbrts to get lents, but for great integrity and loyal-
np sedition have entirely failed.^' How ty, was pariicularly made use o^ and
could (his assertion hnve been made if
li*» had been instructed by the Crown
officers, ^s ho would hnve been if such
^fere the case, that (his d'clj^ntion was
a treasonable document l Vriie truth
is treason and rebollicn were not (ho't
of until the troops h.id been sent awaj*.
Thitt is thescrrctof the lebellion. The
mode in whirb it was then got np, is
v*»ry clear, and as there was an enden-
vf»r (n connrct Dr. I\I')iriso*j with lhn
rt'helli'in. it was not improper titat he
(Mr. n.) sliould take this opportunity
«»( sta'iny; to the jii y his views of i'.
Tlie laet wns now i)ot(ir'"iis, ihnt the
p ipTsof iMHfkK(.,'?if 's ivliif'li have lieen
SHi/.-d !ty the (iMvcriMMerit proved that
Ik' vva« n d'sn TiUc ciriiriist.nrcs —
Hi-* rtisn and violoni cliurHCtcr was
such dependence had these deluded
men on Mack(n7je's statements tbat
t'liey aetually believed that individual
favored the rebellion. How ea^y then
wa< it to persuade them that they would
have the rrady a^s'statice of evi'ry Re-
former in the Province'? By these
fa'pe stn(pnients Mackenzie Pucc<»eded
in ceMinrr a protiy niiinerons bndy of
men losjctler. Me knew thut if (hey
onef^ percf-'ived ilm dt'ception that hul
b»'en prnclisHd jipon llu-m they would
«liatM!nn hint, and he ('eomed it neces-
stiry therefore to gr t Iheni eornmitiel
hy s'MDe act nf eiKM mly wlii* h miijbt
r«Mi(fer them di-t!p««r<'ir. With thisvi* w
hon«*n *«iis liorn*. No
cfvild • ascrilicd to that
ii.i in"ir,.'iirivo peisoa id
D. Horn's
o'lur iiioiiv"
act as iiL" \\ a.-H
25
qU pprties a,nd couU Q,otliavQ been p^r-
BunHl'y obnoxious to ^qy owe. But the
srispqers who had, Veen taV^P* 'P iliR'ur
Iniorcoarse \>itlx the reboU soon opea^4
\\wiT eyes to the ttup sl^fe «C th^ City,
.»nd from tbena tliey l9Hr9e4 th?t the in-
Ibabitants were all armnd, ih^t the Chief
luaiice hiaiHeiX stood in the ranks with
la musket on his sbouldtr, and that no-
Ithing but a desperate attack cnuld give
|«ny hope of tftkin;;; the citj'. The uoen,
|fin<li"g they vrere deceived, dpserted
1 Mackenzie's standard, and his false-
hood, as is invariably the case, ended,
in his own defeat. Sach was in his
CMr. B'l*.} opinioo the true history of
the rebellion, and he no more believed
in the existence of tije Executive Com-
mittee than he believed the gentleman
of th« j'lry wpre members ofit/^lt
must be iirdeed a consoIatioR to the jury
that the mfdenof which bad been giv-
en on this triaJ and the light which wa»
I iioM^ thrown apoii the orig^in of the late
Hnnatiiral rebellion vould enable them
I to acijyit their fellow-townsmen of all
participation in it. All suspicion would
BOW be removed from th'^ni and he was
Pure tlio jury would rejoice at it. If he
were to look for the t'ue reason Which
had induced the learned Attorney Ge-
neral to go' into this part of the evi»
rience, he believed it would be fonnd in
the wish of h<8 learned friend to give
to hi."! fellow-subjpcts and his neigh-
b)iirs an opportunity to prove their in-
Hoeehce to the country. If so hfr* must
btt hap|)> in'lpped in the full attainment
of his object. 'I'he rebellion I ben it
Moiiid he, |»«*r(T(vod hsid its orig'n in the
t.ioiiglitless (iisinissiil of the troops from,
lliis Province. Hovr far that act was
fe!t<«urable he won! I not say, but he
\V(»ul(l r"Hd fo the jury some observa-
tions of Sir Robert I'ohI which he con-
sdcred very Hp[)licable to the su'iject,
th')ii^h they were made in allusion to
Liiwfr Canada : —
" Mnr, n» ha< hivn jf|<«t siid in flip vrytJ)!?
i»"f» ell of the inPiiil)er tor KewnrU, thi.s is not
.1 mi i(!\iv qiif*siioii. 'I'lii^^is --t cusi' ni wiiicli
pvt'iy civillimi In niiniiotcnt t^ y>i\'iP, namoly,
wlictliT nrn>, H^('l• ilip rP3olnii)ns of last year
«!i'l rlip » HtP of ijie !>iil»iic mind in Tanada,
pvry iMtiotial mind mist wn^ iiavp l»Hlipvpd tliat
oil ilip n rival ofilie*!' iv^oliitioiiR jMihlirexciie.
M III hnvc l)t>(>ii M^^iuiv lied, Hiid that It "'hs r
t III' t<>inK(> ifi.' mill li.Hial pie<Hiiiii)n to w.»nd
■iii.'li ■( 'V.frp H>s mi^t, iievonH d<>iil)t, piippresH
I'l'vui t riiis iIkmi I wiin'/d i\n \v, uhoiiio, you
«1t(l (jeml surfi a ''•»'•'* to Cnnyfi a« m'ghtTfv^
inidate tiiP disiifli"rliM|, ci'iii ilion|)|irelifii'<{<i«
of tlip timid • enronrnu;e tl e IoxtjI (.'l^wrs ) Hnii
prevent that oiuhrfak of popnlnr vio enre aha
hnt uitfortifni^te (chrddirig of blood, vrhj^'b ban
tiinftappily o«;rnrrpd [lo.i»»t oppo<tiii>n cbcfeira ^
WTiy, sir, when wp spp Lo-d (Josford and Sir
Jumps K6ni|) Itpstww praisps whirh I pr|inp4ten
tbp8P poo* Caniidian ppop'e — wlipn we Rpflthem
dwell oil tlipir iiniief>ty, 8'mplicily. and umJimt
try — on their conteinn)ei»t v^itU Brilii^li r»|le«
and thfir attachm«int to Bitixh ciinnecti<M»— >
and whpn wp read that of this «amp peupilft
thPfP wprp [necessarily, I bpli'vej killed 'tw»
hundred, and three hundred wouiidpd, im mifl
village, that ih, f1v« hundred in th.e whiil^ Ijilil-^
ert ar»d wcinded ; for one gentleman ^tateA
tlmt he poiinicd I.**"? dead liodies, and that there
weie30& wounded, besidp's several others dead;,
then I bavp a rii?hi to ask, might any preqaji)-
tion he talcpn wliich could have prevented' «;i^
a lamentahltt Io*s of life I'opposition chpers ?J
I rejoicp, as evpry welNpffpcted 8nl»jp^t mnstj
at the triumph of the hw and the turi-ess uf
the Kinv'e troo;^ ; bai L hfivp no tiich rp«,'ihf
with ref^aid to that victory as if it had bpe»
a<'hi1f>ved in a righteous can^e oVer the «pen
enemies of the country, [ehpern.] When Riictli'
a slaiifrhter is found necessary or julitifiaMy,
the (iccasinn whiv'h gave rise, to eonP.ict Ifading
to s,u(*h calamitoiiK cunseqiience is deeply tui)i^
lamented ; and if, by a timely .«ui)ply oftroopM,
yon mightha>e averted that melan -holynereMltt^
then I maintHin there were rattniiar Krw^n^lk
for believinij that the neoesity minhl o<;ciir^ ii^
(^inseqiH>nre of theactivitvand deliision practi-
ded by the leaders of the CanadiHn p4N>|^
[cheers ] and that it was the dutv of the g*^-
emment to overlook the miattrahtli f<-ompara-
lively speakiiijf) cort^iiferatlon ol th« iiM*«)nVii^^
nience of a miiftary denrlnnitiatinn,' and bV a
timely di^dlavof forre to prevent the de!*erriim
of the well effected and encourai;eth« fearful'--'
it was. I cay, yoMr duty to nrianffe.st such a d)B*
termination to support the authority of tli^
British (Jrowt), ai'd to innin'ain the Ilritittb'
connection, as to deter desi>>ning meso' from'
pi-Hctisin^ on the simpMfcitv of a layal and well
condiirted people [loud chiefs ] So tar from
exjiosing yourself to the nnjmst reflection at
liHviiiff acted in' a severe and tyrannical man-
ner, yon won'd have g -cured and deserved tKJ»
compliment of having made a ineiciful d«NiOu-'
Btiaiion of vi)>;our (cheers.",^
it is very true that the simiB l6?s Of
life has not to b» lamented bera, bat,
how many families are npW ovet-
wh^'lm^'d with misery, are left dv^siitntc;
who only afpw months since were llv-
intif in happiness and prosperity, antl
bow many ineri whose loyalty and fide-.
Iitv were then nnstispected are now Ian-'
guishing in <raol awatingf their (itiel sen-
ten«re It is frequently rV^nwrked that
it will ail terminate to our advantage.—
Ht* [Mr. ]i.] had r.o des re to see (rood
piircitH^ed al sioh a dreadfnt price ; lin
would raUi'^r difspenee with thn good
that was to come, if the evil wUich htt«
fn'-'
26
atreaJy happened conid also have boen
prevented. He (Mr. B. cootinaed)
he felt that in the obs<Tva(ions he h»d
been making he was, as far as the pri-
soner at the bar was concerned, ar^u-
rnft against a shadow, for the evidence
was scarcely worthy of an answer, but
he had felt it to b<^ his duty to address
ing now gone fhrongh the enso in xh
best of his ability Mr. Rosnretl said h
felt confident of a favorable result to hi
client — and that he never in his lift
closed a case of importance with a light
er and more cheerful heart than the
present one,
The Att'y Grn. rose again to ad
the jury at considerable length, from dress the Jury. The evidence he said
the rircom stances that the char icter of did not shake his opinion of the gail
a vast number were interested in the of the prisoner. The declarntion whi
result nf this trial, and that principle of a foul libel on the Sovereign, and was
great importance were involved in the the main cause of bringing about th.
qaestion before them. He belJHved he rebellion, which had been attended
had soccessfully shown that a conven- with so many fatal consequencns to tlu
tion of the people was not in itself Province. tie admitted it wa.* nu
treasonable, and that the people of this treason to discuss tlie subject of s^^p
Province had a perfect right to discuss ration, but it should be done in a pro
freely the question of the separation of per manner. An A(!dres:s to the King
this colony from the Parent State.— nnd Parliament would have been tlie
There was hoWi'^ver one important cir- proper course to pursue,
^umstance to which he had not advert- Air. Justice Jones then procefd^d
«d. If it were even admitted that the to read over the evidence to the 3u y
object limed at by that declaration or and commented slightly upon it. Tli
by the convention there recommended jury retired at two o'clock, and in abou
was separation from Great Britain, hali' an hour, a note came from them t(
still it would be impossible to infer from the Jndge, r'^quiring to know if Ihej
that document that separation by force could bring in a verd'ct fi<r a loss rrini
was intended, there was nothing to ne- thiin Hiah Tieason. Mr. Justice Jon.>
gative the presumption that if separa- fa'd " No." The Court adjournoi
tion was the object it wa« to be brought Shortly after and re-assembled at II
about btf the consent of the mother o'clock, when the jury came into Cour
countrif ; and this at all events could and prouounced a verdii-t of ** No
b» dfemcd treason, fn short the jury Guilty." [ The announcement of ih
might place any construction upon it verdict was followed by a loud burst d
Ihey pleased, and they could not make npji'ause from several pans ofthecouit
treason of it in any way. The learned ThuJuDGK ordered the Sheriff t
Counsel then went into tbe other
branch of thn case and showed most
clnarly th it the witnes^ess on the part
of tbe Crown in ih«^ir fright have mis-
taken some oth''i person for Dr. Mor-
<ak« into cnsloriy those persons wIk
had thus ir.sulted the dignity of tl
liench, nnd vio ated the decorum nece
sary Cor a Court of Justice. The She
ritt's Deputy was profeediog to d-a
f.son ; he referred to tl'e impossibi'jty simio persons pointed out to him by :li
rtf tbe story altogether, from the charac-
ter of DV. Moriison, whose peaceftd
disposition had never heen r|tie:st:oned,
and lastly to the evidence on the de-
fence which if credited, and there was
nothing to impeach it, placed Dr. Mor-
rison's innocence beyond all doubt. —
Ju'.lge, into the Dock, but howeu'
Soon desisted.
Dr. Mokkipon then rose and thank
ed the Ju(!ge lor h's imp;ir' iai c«)nduc;
and the Jury, for the attention ihcy bii
bes'owed on his ease.
Mr. .IiJsTKK Jones said, from t!;
The learned Council concludeil by etat- long time taken l)y «he Juiv to devi(
ina that a defence in every respect ?a- on their veriiict. Dr. Morrison niu
tisfactory had been made out on both .<»»e the strong doubts iheybd of 1»
charges \ that he placed intfdicil conB-
dunce in the jury vvlio had t-hewo by
the (rre!it attention they had paid the
gre
innocence. IIo hopnd the Do«'ii
would co!<dnct nnnself in future as bf
camf* Htrood sulij ct.
trial, the deep inter- si they took In it l)r Morrison **ih esc rf d to liis )''■
ind hoW deieriitlued tlfev werf? to dis- siilcoce bv mi iiDmensi body Oi lii
charge liieir duty with lijeli'j . i\,.\- f 1 uA-tili/v ns.
le CBSO in t!i«
osvreil saiH ^«
)le r«*8uh to hi^
/fir in his lif4
re with a light-]
lieart than the
B again to adJ
dence heeaidj
oil of the guilj
leciarntion wai
reign, and waj|
ging about tlvi
been attendro
jquencHS to the
ed it wa» niij
ubject of sepH
done in a pro^
e?s to the Kiii£
have been tlie|
hen proceed «(l
ce to the 3a y\
upon it. Tbfl
ck,ahdin aboui
ne from them l<^
o know if tliey
tfur aloss t-riniq
T. J ustice J oni.
ouit adjournoih
ssembled at K
cpnie into CoiuJ
irdict of »* Not
luneement ot ili«]
V a loud bur?t «1
parts of the fouitj
d ihe Sh«*riff ti
»se persons wh(|
e dignity of tin
e decorum neceA
s(ice. The ^hA
[ii-Cfding to dii|
fnit to hiiD by M
ck, but hoHeM'l
n ro5fi and IhanU
iinpjir'ial c«>nductl
Htuntion ihoy biiT
E9 said, from iH
IB Juiv to d^-tidi
If. Morrison nins|
Is iht-y b 'd of li!
>pt*d the Doti'ij
U in future os b»'j
psc r»«d to liis fj
_ms^ boily o. li'^