mass of evidence which they lacked the
means to sift and confute. But no definite act was charged against them,
and the whole case turned on a monstrous attempt to give a wide
constructive interpretation to the law of high treason. High treason in
English law has the perfectly definite meaning of an attempt on the
King's life, or the levying of war against him. Chief Justice Eyre, in
his charge to the Grand Jury, sought to stretch it until it assumed a
Russian latitude, and would include any effort by agitation to alter the
form of government or the constitution of Parliament. The issue, before
a jury which probably had not escaped the general panic, seemed very
doubtful, and it was the general opinion that the decisive blow for
liberty was struck by William Godwin. Long years afterwards Horne Tooke,
in a dramatic scene, called Godwin to him in public, and kissed the hand
which had saved his life.
Godwin contributed to the _Morning Chronicle_ a long letter, or more
properly, a pamphlet, in which he analysed the Chief Justice's charge
and brought to the light what really was latent in it, a claim to treat
as high treason any effort, however peaceful and orderly, to bring about
a fundamental change in our institutions. The letter shows none of
Godwin's speculative daring, and his gift of cold and dignified
eloquence is severely repressed. He wrote to attain his immediate end,
and from that standpoint his pleading was a masterpiece. A certain
deadly courtesy, a tone of quiet reasonableness made it possible for the
most prejudiced reader to follow it with assent. The argument was
irresistible, and the single touch of emotion at the end was worthy of a
great orator. A few lines depicted these men who, moved by public
spirit, had acted in good faith within the law, as it had been
universally understood in England, overwhelmed by a sudden extension of
its most terrible articles, applied to them without precedent or
warning. Should the awful sentence be read over these men, that they
should be hanged (but not until they were dead), and then, still living,
suffer the loss of their members and see their bowels torn out? The
ghastly barbarity of the whole procedure could not have been more
effectively exposed. Looking back upon this trial there is no reason to
think that the reformers exaggerated its importance. Had the Government
won its case, it must have succeeded in destroying the very possibility
of opposition or agitation
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