purposes, moot-points, pleas, demurrers, flaws
in the indictment, double meanings, cases, inconsequentialities,
these were the play-things, the darlings of Mr. Tooke’s
mind; and with these he baffled the Judge, dumb-founded
the Counsel, and outwitted the Jury. The report
of his trial before Lord Kenyon is a master-piece of
acuteness, dexterity, modest assurance, and legal
effect. It is much like his examination before
the Commissioners of the Income-Tax—nothing
could be got out of him in either case! Mr. Tooke,
as a political leader, belonged to the class of trimmers;
or at most, it was his delight to make mischief and
spoil sport. He would rather be against
himself than for any body else. He was
neither a bold nor a safe leader. He enticed
others into scrapes, and kept out of them himself.
Provided he could say a clever or a spiteful thing,
he did not care whether it served or injured the cause.
Spleen or the exercise of intellectual power was the
motive of his patriotism, rather than principle.
He would talk treason with a saving clause; and instil
sedition into the public mind, through the medium
of a third (who was to be the responsible) party.
He made Sir Francis Burdett his spokesman in the House
and to the country, often venting his chagrin or singularity
of sentiment at the expense of his friend; but what
in the first was trick or reckless vanity, was in the
last plain downright English honesty and singleness
of heart. In the case of the State Trials, in
1794, Mr. Tooke rather compromised his friends to
screen himself. He kept repeating that “others
might have gone on to Windsor, but he had stopped
at Hounslow,” as if to go farther might have
been dangerous and unwarrantable. It was not the
question how far he or others had actually gone, but
how far they had a right to go, according to the law.
His conduct was not the limit of the law, nor did
treasonable excess begin where prudence or principle
taught him to stop short, though this was the oblique
inference liable to be drawn from his line of defence.
Mr. Tooke was uneasy and apprehensive for the issue
of the Government-prosecution while in confinement,
and said, in speaking of it to a friend, with a morbid
feeling and an emphasis quite unusual with him—“They
want our blood—blood—blood!”
It was somewhat ridiculous to implicate Mr. Tooke
in a charge of High Treason (and indeed the whole
charge was built on the mistaken purport of an intercepted
letter relating to an engagement for a private dinnerparty)—his
politics were not at all revolutionary. In this
respect he was a mere pettifogger, full of chicane,
and captious objections, and unmeaning discontent;
but he had none of the grand whirling movements of
the French Revolution, nor of the tumultuous glow
of rebellion in his head or in his heart. His
politics were cast in a different mould, or confined
to the party distinctions and court-intrigues and
pittances of popular right, that made a noise in the