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London, Saturday, 31st July, 1802.

[ Price 10D.

VOL. 2. No. 4. ]
COSTISTS.-Conv. bet. Gr. Brit. and Ame. 97. Tr. of Beloe, &c. 99. Barbary Sta. 109. Piedmont, 110. Chaptal's
Le. 111. Dec. abo. Piedmont, 111. Com. of Fr. Antwerp, 112. Indem. 113. Let. of the Ameri Min. 114. Ba.
of Amsterdam, 114. Turkey, 116. Middlesex Elec. 116. La Pérouse, 118. Nares and Beloe, 119. Sum. Pol. 122.

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Convention between bis Britannic Majesty and the United States of America, touching the Dficulties arising in the Execution of the Article of the Treaty of 1794.. Difficulties having arisen in the execution of the 6th article of the treaty of amity, commerce, and navigation, concluded at London, on the 4th day of November, 1794, between his Britannic Majesty and the United States of America, and in consequrace thereof the proceedings of the commissioners under the 7th article of the same treaty having been suspended, the parties to the said treaty being equally desirous, as far as may be, to obviate such difficulties, have respectively named Plenipotentiaries to treat and agree, respecting the same: that is to say, his Britannic Majesty has named for his Plenipotentiary the Right Honourable Robert Banks Jenkinson, comly called Lord Hawkesbury, one of his Masty's most honourable Privy Council, and his ncipal Secretary of State for Foreign Affairs; and the President of the United States, by and with the advice and consent of the Senate thereof, has named, for their Plenipotentiary, Rufus King, Esq. Minister Plenipotentiary of the said United States to his Britannic Majesty, who have agreed to and concluded the following articles:

Art. I. In satisfaction and discharge of the money which the United States might have been liable to pay in pursuance of the provisions of the said sixth article, which is bereby declared to be cancelled and annulled, except so far as the same may relate to the execution of the said seventh article, th United States of America hereby enage to pay, and his Britannic Majesty conas to accept for the use of the persons described in the said sixth article, the sum of a hundred thousand pounds sterling, payable at the time and place, and in the manner following, that is to say, the said sam of six hundred thousand pounds sterling shall be paid at the city of Washingtou, in three annual instalments of two hundred thousand pounds sterling each, and

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to such person or persons as shall be autho rized. by his Britannic Majesty to receive the same; the first of the said instalments to be paid at the expiration of one year; the second instalment at the expiration of two years; and the third and last instalment at the expiration of three years, next following the exchange of the ratifications of this convention: and to prevent any disagreement concerning the rate of exchange, the said payments shall be made in the money of the said United States, reckoning four dollars and forty-four cents, to be equal to one pound sterling.

Art. II. Whereas it is agreed by the fourth article of the definitive treaty of peace, concluded at Paris on the third day of September, 1783, between his Britannic Majesty and the United States, that creditors on either side should meet with no lawful impediments to the recovery of the full value in sterling money, of all bonú fide debts theretofore contracted, it is hereby declared, that the said fourth article, so far as it respects its future operations, is hereby recognized, confirmed, and declared to be binding and obligatory upon his Britannic Majesty and the said United States, and the same shall be accordingly observed with punctuality and good faith. And so as the said creditors shall hereafter meet with no lawful impediment to the recovery of the full value in sterling money of their bond fide debts.

Art. III. It is furthermore agreed and concluded that the commissioners appointed in pursuance of the seventh article of the said treaty of amity, commerce, and navigation, and whose proceedings have be suspended as aforesaid, shall, immediate y after the signature of this convention, reassemble and proceed in the execution of their duties according to the provisions of the said seventh article, except only that instead of the sums awarded by the said commissioners, being made payable at the time or times by them appointed, all sums of money by them awarded to be paid to American or British claimants, according to the provisions of the said seventh article, shall be made payable in three equal instal

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ments, the first whereof to be paid at the expiration of one year; the second at the expiration of two years; and the third and last at the expiration of three years next after the exchange of the ratifications of this convention.

Art. IV. This convention, when the same shall have been ratified by his Majesty and the President of the United States, by and with the advice and consent of the Senate thereof, and the respective ratifications duly exchanged, shall be binding and obligatory upon his Majesty and the said United - States. In faith whereof, we the under- | signed Plenipotentiaries of his Britannic Majesty and of the United States of America, by virtue of our respective full powers, have signed this present convention, and have caused the seals of our arms to be affixed thereto.

Done at London, January 8, 1802. (Signed) Hatrkesbury. Rufus King.

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rather unexpectedly on my part, to address you in a case of no inconsiderable importance to the prosecutor of this indictment, to the prisoners themselves, and to the public at large. This task has devolved upon me, on account of the absence of a learned gentleman, who has been consulted in all the stages of this business, and who, it was expected, would have led the cause this day. But as he is absent, it has unexpectedly fallen to my lot. Gentlemen, I men tion this circumstance, not that I will affect to doubt my own power of stating a tale of plain facts, but that I wished a prosecution of such public importance should be conducted to the public satisfaction. The of fence of which I this day complain is a na tional disgrace, but, I trust, this day also it will meet with national justice. It is a disgrace that a. mob should have presumed. to have dictated laws in their lawless will,~ and tumultuously to have attempted to en force their resolutions. This national dis grace, I am firmly persuaded, will this day be wiped away by your verdict, and that not only this country, but America, and all the world, will know that in this happy island, a man may maintain any political principles and that if there are men who presume vionot interfering with the laws of the land, lently to assault others of contrary principles, whatever their motives may be, the day of retribution, will surely arrive, when they will meet the punishment of their of fence by the judgment of a court, after they shall be found guilty by your verdict. Gen tlemen, the prosecutor of this indictment is a Mr. Cobbett, a bookseller, living in Pall Mall. The prisoners are two of them clerks in the General Post-Office, and the third, as I understand, an amanuensis to Mr. Belon, the father of one of the other prisoners; and here I must remark, it is a little singular that they are all connected in private life. The indictment charges, 1st, that they endeavoured to raise a tumult; with an intent to

The court being assembled about ten o'clock in the morning, and the trial of some inferior culprits having been gone through, the prisoners Beloe, Wagstaffe, and Harwood, were arraigned at the bar. The indictment, which was then read, contained three counts 1, for endeavouring to raise a tumult of a hundred and more persons, with intent to injure William Cobbetts of Pall Mall, in his person and property: 2, for a riot, accompanied with breaking and de-injure Mr. Cobbett in his person and pro-

و stroying the windows of Mr. Cobbett : 3,

perty; next, that they broke his windows

for a riot only. These crimes were alleged to have been committed on the night of 30th of April, 1802, during the continuance of the illuminations for the peace with France. The indictment having been read, the prisoners were asked, in the usual way, whether they were guilty or not guilty, upon which they severally replied, that they were not guilty.

MR. GLEDE, on behalf of the prosecution. addressed the jury, in substance as tellows: Gentlemen of the jury, I rise,

and the 3d charge is simply for a common riot, without the circumstances charged in the former two counts. Gentlemen, with respect to the law upon the subject of riots, it is so well known, that it is unnecessary, for me to address a single word to you upon that subject. Having thus stated the persons and the accusation, I shall proceed to state the circumstances of this case. time of the riot was the evening of that day when the proclamation of peace took place. The pretext was, an emission, on the part

The

of Mr Cobbett, to illuminate his house upon who could thus endeavour to push on an that occasion. From circumstances which ignorant rabble, would himself have slunk had occurred on a previous occasion, Mr. like a coward from the sight of the gentleCobbett had reason to expect that he should man whom he was endeavouring to injure. be selected as an object of insult by the But, to resume the statement of facts, genmob. He had therefore taken the wise tlemen, Mr. Graham finding it impossible precaution to apply to the civil power, and to stop the outrages of the mob, called in a had, near his house, a party of Bow-street military force, and then, and not till then, officers. Still, however, it was to him a the tumult was appeased. The three priday of" fearful expectation." If he illumi-soners were taken. But Wagstaffe said he nated, he would be thought to derogate from that consistent conduct he had always Daintained. He would be contradicting his publicly avowed principles and sentimens; principles and sentiments he had hever swerved from, and in which he concurred with many great and virtuous men; en who had long enjoyed the confidence of their sovereign and the nation. If he had illuminated as a symptom of joy, he would have given the lie to the whole of his former conduct, and that, too, without any certainty such a sacrifice would have preserved hint from violence. Gentlemen, Mr. Graham that evening attended with a party of police officers to protect Mr. Cobbett's house. As evening approached, the mob began to assemble, and went on increasing. At length the commanders appeared, (generals do not appear till the army is collected). The prisoners at the bar appeared, and were received with a loud shout. They first began to rattle at the windows, then to break them. From thence they proceded to acts of more outrageous violence. There was a general cry of Damn the Ameritan-We will not suffer him, said Harwood.What?-He was interrupted, gentlemen, but what he meant was plain enough, we cilt suffer him to live amongst us. Gentlemen, Mr. Cobbett is not an American; he is an Englishman, though he resided a long time in the American States; and, during the whole of that time, his Majesty had not a more faithful subject in any part of the world than Mr. Cobbett was; and the services he rendered his native country, during that time, will make his name to be remembered With gratitude by every loyal subject, when those of the prisoners will be preserved no where but in the records of this court. There W gentlemen, something peculiarly base and malignant in this exclamation of the prisoner, Harwood. He knew Mr. Cobbett Was not an American; but he thought the word a good signal for violence against that gentleman's property and person. It is hard to say what motive could have led to so malicious an attempt; but it is by no means difficult to perceive, that the person

would not be taken; a plain assertion that he was connected with those around him Nor was it from him only that this expression fell, the others said, "D-n it, don't let us be taken quietly." I shall prove that Beloe used these words; and I shall also prove, that the latter was seen with an immense stone battering at the door. What must have been his object? Could it have been any other than to burst open the door, and let in the mob to unbridled plunder and devas tation. If he had succeeded in this attempt, he would, gentlemen, ere this, have stood before a higher tribunal, to answer, with his life, for a crime so detestable in itself, and so dangerous to society. That the attack on Mr. Cobbett's house proceeded from premeditation, there is good reason to believe; because, in several parts of this town, there were houses which were not illuminated, and which did, however, remain totally unmolested. In one of the reports, rendered by the magistrates to the secretary of state, after the illumination, it was stated, that, in a particular district, several hundred houses were not illuminated, and yet, that there was not a pane of glass broken by violence in the whole district. I am anxious to press this circumstance on your minds, gentlemen, because it is a very strong presumptive proof that Mr. Cobbett's house was marked as an object of attack; which proof is strongly corroborated by certain circumstances relative to both the prosecuter and the culprits. Mr. Cobbett was well known to be one of those who disapproved of the peace. By his arguments he had shewn his disapprobation to be well founded. He had made many converts to his opinions, which he had conveyed in a style and manner that left his cowardly enemies no hope of revenge, but through the means of a rabble, rather more ignorant perhaps, but certainly not more base, than their instigators. The prisoners at the bar, gentlemen, were themselves, indeed, but little interested in the question of peace or war; but, recollect, gentlemen, that two of them, Beloe and Wagstaffe, were (and I believe yet are) stipendaries in an office of government, clerks in the General

Post-Office; and, as to Harwood, besides | Immediately when I got back to the mob, his being a relation of Beloe, his employ-I found our own officers, whom I directed ment was of a nature not very different in to assist me in taking the prisoners. We all its influence from that of the other two. If, rushed through the mob, and the three pri gentlemen, in addition to these circum- soners were taken. Wagstaffe said, "Damn stances, it should be made appear, that the it, don't let us be taken into custody." I got hold two former of the prisoners, notwithstand of Beloe in the door way of Mr. Cobbett's ing they were committed to jail, and after-house. I directed the officers to draw their wards indicted by the grand jury, have not cutlasses; which they did, and kept off the been, even for a moment, suspended from their mob. The horse came in a quarter of an respective offices: I say, gentlemen, that hour, and dispersed the mob. When I first if it should be made appear to you, that saw the three prisoners, they had Belcher these rioters have enjoyed, not only their silk handkerchiefs about their necks; but offices, but their salaries; that, even for when I returned from the Horse Guards, 'the time while they were in jail, and while they were taken off; but such sort of handthey are now standing as prisoners at the kerchiefs were found in their pockets when bar; if it should appear, that they are they were at the office. Upon cross-exa actually to be paid out of the public purse mination, he said, he had never seen them for time so passed, you will, I trust, require before, but was certain of their persons. no further explanation, to enable you to He did not know any thing of their having judge of the motives that emboldened crea- been committed for a capital offence. tures so cowardly to commit the offence which is now laid to their charge, and on which, I am, confident, you will stamp a verdict of guilty.

[We regret that we have not room to give Mr. Glede's speech entire. It was long and eloquent. What we have given here is the substance of only a part of it.]

Adolphus Wastney said, he was the man who was desired by the last witness to watch Beloe. He saw all the three prisoners there. He saw them come: they came all together. He saw all of them fetch bricks and half bricks, and throw them at the windows. When the magistrate returned from the Horse Guards, he assisted in taking them. He heard Harwood "D-n the

say,

American, he ought not to be suffered--" He saw them fetch stones a great many times. Dur. ing the time that the magistrate was absent, two horse-soldiers passed, and Beloe threw at them. He never lost sight of Belce till Mr. Graham returned. He was there before any of the windows were broken.

Thomas Ellis and John Corkazne, patroles, corroborated the above testimony.

Mr. Aaron Graham, the magistrate, was first called, who deposed as follows:-"In consequence of an application made by Mr. Cobbett to the secretary at war, an arrangement was made at the Bow-street office for the protection of his house on the night of the general illuminations. It fell to my lot to be appointed to that duty. In the evening I went down and saw the constables about the house. I told them to take no notice of me, unless something made it ne- Mr. Sylvester, on behalf of the prisoners, cessary. I walked through St. James'-street said, the learned gentleman who had opened and the places adjoining; and when I re- the prosecution had no occasion to lament turned back, as I approached Mr. Cobbett's the absence of his learned leader, since, if house, I heard the windows breaking. I he had been present, he could not have immediately rushed through the mob, and made a better speech than the jury had found a vacant space in front of the house; heard. The learned gentleman had made but was much surprised at not seeing any of the most of his materials; he had repreour officers present. Beloe was then stand-sented the offence as a national disgrace; ing on the steps in front of the door, with a large road paving-stone in his hands, with which he was battering the door with all his force. I was about to take him into custody, when a man near me said, I had better not attempt it then, as it might be dangerous. I asked him if he belonged to the office; he answered, no. I then told him not to lose sight of Beloe, while I went to the Horse Guards. I immediately ran to

Horse Guards, and staid no longer than to them to send down 2 or 30 horse.

the punishment as an object of national justice, which he desired might be known to America, to the whole world. What was this mighty offence, taken at the worst? Two or three thoughtless children had broke Mr. Cobbett's windows. The learned gentleman then challenged the services his client had rendered in America-very likely; he knew nothing of Mr. Cobbett but he thought he might as well have staid in America if he chose to run so counter to public opinion. If he would do it, he was

The Rev. Mr. Naves (partner with the

laving a trap for men to commit offences, | presented to be a most mild and inoffensive and he had no right to complain if he per youth, and the least likely to do any mischief chance got his windows broke. Yet this of any lad he ever knew. was the mighty cause represented as a national disgrace. Whoever run his head in-prisoner Beloe's father in the British Critic) swore, that he had known the prisoner Beloe from his infancy to the present time. "I have," said the reverend witness," been "intimately acquainted with all the circum"stances of his life, from the time he was "in the cradle, and I do not only not know "that he was ever guilty of any riotous or "disorderly behaviour, but I know, that he was not guilty of any such behaviour, in the course of his whole life, until the very eve of the alleged riot." The same rev. gentleman swore something in behalf of the prisoner Harwood's character, but not quite so positive, or comprehensive. John Reeves, Esq. said, that he knew the prisoner Beloe, but that he could add nothing to what had been said by Mr Nares.

66

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Mr. John Nicholls (Editor of the Gentle

to a toets' nest must expect to be stung. He had not read his own brief; but as the learned gentleman observed, it was a case which required no preparation; in truth, there was nothing in it. The learned genfleman had remarked, it was a little singular, that they were connected in private life. Trl, a most singular thing, that three ygen, all knowing each other, should he parties to the same frolic; yes, but they" were generals to the mob. "Look," said be, at the general, young Beloe is 18 years of age-he is the mighty general." He really thought it was the most foolish prosecution he ever witnessed. The learned gentleman then commented upon the evidence, and insisted that it did not support the charge as laid in the indictment; name, that they had met for the purpose of ex-man's Magazine) said, that, as a proof of citing the mob to injure Mr. Cobbett. The simple facts were as follow: On the day preceding the night of the illumination, the three young men had dined together at the house of Beloe's father. In the evening they went out to see the lights, and coming to Cobbett's house, they found a mob breakthe windows, and they had the folly to jen them in throwing stones at the windows but what was the consequence? the jury could scarce suppose it-they were comErted six days, and told, that they would be prosecuted upon a capital charge. The prosecutor employed a carpenter to examine; but the jury would scarce know for what purpose. Their own feeling hearts would never suggest it to them. It was to

see whether the house was not so broken as
to warrant the prosecutor indicting those
young men for a felony. If they were pa-
rents, they would feel what must be the
remations of the families of those youths,
When they knew that intention of the pro.
secutor. He put it to every man amongst
them, whether they had not all of them, in
the days of their youth, been guilty of simi-
t follies. He concluded by insisting that
the fact was not proved as faid in the in-
dement, and that the defendants were
therefore entitled to their verdict.

After this, several witnesses were called to the character of the prisoners at the bar. Dr. Ingate, second master of Westminster School spoke particularly as to the character of the prisoner Beloe, whom he re

the mildness and excellence of the disposi tion of the prisoner Belce, he, the said Nicholls, had always suffered him to be upon terms of great intimacy with his "amiable "young family, amongst whom were some "lovely daughters."

Two persons from the General Post-Office gave the prisoners Beloe and Wagstaffe good characters. The Deputy Comptroller of the Foreign Office being asked, whether the prisoners Beloe and Wagstaffe had been suspended from their office, or pay, in consequence of their apprehension, commit ment, or indictment, he answered, that they never had been suspended at all. Upon this question being asked, a person who apparently acted in behalf of the prisoners, Beloe and Wagstaffe, produced in court (and shewed to the prosecutor's counsel) a letter, intended to convince the said coun sel, that the commission of the crime, for which the prisoners were then at the bar, had in no wise injured their character with their superiors; and this letter was in the hand writing of Lord Auckland, one of the Joint Post-masters General, and, of course, one of the present administration.

It was proposed, by Mr. Cobbett, to cross-examine the Rev. Mr. Nares, and to ask him whether he had known the prisoner, Beloe, while the said Beloe was in Germany. It was also proposed to ask him, if he could tell how the prisoner Beloe, came by two livid marks which appeared under his To the latter of these questions, the prison

Eyes.

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