Star. — London, England, 1819-12-11 00:00:00

;, that they could nut be mis: or of this pamphlet e whoever ■o more. He (Sir Francis self at present with opposing he printer to the Bar, till they ned whether the passage was ris ilege. Ile protested against ,1 into a Court of Justice, as ide in its own cause ; by which .ke the law into its own hands, of defence or fair trial. he listened with the greatest delivered by the Honourable urse of that speech he doubted duty to have interposed, and -occeding with the extraordi, c ventured to advance. This. that the Honourable Baronet teges of the House. With re aving recently renounced the s, when called on to enter into did no more in that case than y power; and that discretion a great majority. But the s asserted its right of inquiry, .to be expedient. The House se of this kind, to be a Judge that was a power which it had f times: or, it could order that 3e carried on by the Attorney assage which had been read, he more gross; for it directly en to tumult and actual rebellion Privileges of that House were nett of the People; and the stain those Privileges, if it had proceedings against, and punish em. No branch of the Legisla ald sustain itself, if it suffered be practised, and therefore he vileges of the House against the broaching doctrines which led sion. ;ELL declared it as his opinion, more ill-advised than that now Led Gentleman. There were at )n the table of that House, seve ntained as gross libel 3 as could I. One of them went so far as obedience ought to be paid It. Why, then, were not these why should one be particu- Ithers ? Why not take proceed publican and the Medusa? But ow the present publication could ►reach of privilege? The privi- Jed always to be exercised against I its proceedings; but public* , ould not be said to have that ef with moving as an Amendment, attend on the 18th day of Ja- KINNAIRD observed, that there effect conviction on the minds of his was a libel or not (Laughter). y read the whole Pamphlet, they ent construction on the passage inferred; for the impression on the fear, and not the love of the Luse of their obeying the - laws se. said. he should support the origi. same time, he agreed with his sirn (Lord John Russell), in dis nduct of Government, in passing publications. But he could not of the House to be so openly at ion had been given out as to who d it appeared from te style and me from a man who 'was worthy the insulted dignity of the House. hat the House was to be a judge rr he believed it was the intention and Learned Gentleman to move Jeneral be directed to prosecute his name should be made known. of prepared to meet obloquy and was not fit to be the Representa ; and while they sat there, they d as the Representatives of the could wish to see them differently oncluded with giving his support 'ORCE declared, that he never ey a grosser attack against the which had been quoted; nor was ;shed than to bear an Honourable ncis Burdett) express his doubts bel or not. Every thing depended ikh an opinion•was expressed, and I to disturb the order of society. 1g more likely to persuade and to :my their insults further, than for .ess itself lightly on a question of ng so, the House would betray a ;. Whatever the mode of proceed as impossible for the House to pass r, he thought the best mode of pro to call on the Attorney-General to not correct to impute to the House such principles or motives as those rend,' thrown out in that' House ; oss insults as these were thrown nut, to pass them over without notice. n, that the contest of this passage , n a different interpretation tothe stert had been read, nor any expla ie House respecting it. SKINNAIRD <aid, that the reason he context was, that he did not think .ould wish it to be read, and that hose, might order it to beread. The )n was a mere incidental- one, and ap be no more than what it purported mistake!"—(Mere the cries of Order, on. Member, and he sat down). sse amidst loud cries of ^ Question ! .aid, that he conceived the proceed• as about to adopt to be a most irre N c3ntended, that there never was a' k on that House, or a more glaring People to destroy that House, than h had been read; and he mast corn= t of.the Honourable Baronet respect s of that llousc, which were well dc- fined, and had always been acted upon. A doubt had been started, whether the context might net do away the effect of the passage in question.' He had read .the whole of the Pamphlet; and so far from. finding the context to be such as was stated, there were many passages nearly as objectionable as that , which had been quoted. Let the House form their judgment from the following extract : " My determination, for one, is. fixed. If those who have the : powek attempt to deprive me of the inalienable right of meeting, my fellow-countrymen, by tetting loose a soldier at me without' the warning of an Act of Puliament, I will resist him if I can. If they do give the the warning of an Act of Parliament, I will' break it if / can. _ • He would pit it then to the House, whether it was not bound to vindicate its own authority, and that of all inferior Courts of Justice, against such libels asi these? It was impossible for men with their common , senses about them to doubt the object of this Pam-, phlet. As to the proposal that the Attorney-General should prosecute, he maintained that the House weak ened its own authority if it yielded its power to vin dicate its privileges to any other authority. That House had the undoubted tight to issue its process, like the inferior Courts of Justice. Some might re• commend the •passing this over with contempt. Sur pose it was said of the Court of King's Bench, in daily publications, that no justice could be obtained there, he would ask whether that High Tribunal could sub mit to sects attacks, without losing its character and weakening its authority and power with the Public ? The situation in life and rank of the person supposed to have written this libel, was another reason why he should be prosecuted. It was under an impression of that kind that the House thought it necessary, some years ago, to issue a i .rosecution against a Gentleman of the name of Reeves, who held a high situation uader Government, for a pamphlet he had written. The original Motion was carried without a division. SEIZURE OF ARMS. Lord CASTLEREAGH moved the second read ing of the Seizure of Arms Bill. Mr. TIERNEY stated that he bad no objection to the principle of the Bill, though he had to some par ticular parts, especially to the Clause empowering a single Justice of the Peace, upon information of which he was to be the sole Judge, to order an officer to enter a house and search for arms in the night. But as the different Clauses in the Bill Might be de bated in two subsequent stages, he should reserve his objections till the Bill came into a Committee. Mr. BENNET hoped that the whole of the Northern Counties would not be put under the ope ration of the Bill, as tbe disaffection was confined to some particular districts. Mr. LAMBTON wished to ask the Noble Lord, if he had not received a communication from the Deputy Lieutenants of the County:of Durham, stating that the County was in a state of tranquillity. Lord GASTLEREAGH observed, that he had not asserted the County to be in a state of disturbance, but in a state that might lead to it. A letter bad been addressed to Lord Sidmouth, on the Sd of De cember, by the Deputy Lieutenants, that an applica tion had been made to them by four Magistrates, for the raising of a body of Yeomanry Cavalry. Mr. WHARTON stated, that much disaffection prevailed in certain Districts of the County of Dur ham. The authority whence be derived his informa tion he could not name, as it might lead to the mur der of the parties. Much discontent prevailed among the Colliers, who were organized and divided into classes of twenty each, under certain leaders, and had a communication with the Colliers of the West Riding of Yorkshire. The Honourable Gentleman then read a letter from a Magistrate of the County of Durham, mentioning that the Lambton property had been parcelled out by an Agrarian Law. He understood that it had been stated by the Honourable Gentleman opposite (Mr. Lambton), that there was no disloyalty among the Colliers, but only a great zeal for Reform. That Reform, however, was not Parliamentary Reform, but a transfer of ie property of the present possesors to others. Mr. LAMBTON said, that he had lived for many years among the persons to whom the Honourable Gentleman alluded, and he was enabled to .state that the charge was unfounded. He had written to his agent on the subject, and had been informed by him that, at a full Meeting of Gentlemen connected with the coal mines, none could take upon himself to state that the Colliers had arms, and he (the writer) was convinced they had none ; that the Colliers at no time had been more peaceable, and more inclined to work ; and that many of them had left the classes into which they had been divided. He should move in the Committee that the provisions of the Bill should not extend to the County of Durham. Lord MILTON could take upon himself to state that the Colliers in.the West Riding of Yorkshire had no communication with those of the County of Dur ham, and were as loyal as any class of his Majesty's subjects. He thought the continuance of the Bill for two or three years wholly unnecessary. Mr. H. CLIVE stated, that depositions from four Magistrates had been received, that many of those who attended the Meeting near Newcastle, had been secretly armed, and had pikes in their possession. Mr. BROUGHAM.observed, that the Mayor of Newcastle had made his statement from the informa tion of others, and not from perfbnal knowledge. Lord CASTLEREAGH said, that he had seen a letter in the hands of a Member of that House, men tioning that the agent of the Honourable Gentleman opposite bad dismissed many of the heads of classes from theb- situations, and he thought it was worthy of inquiry, why they had been dismissed from the employment of so excellent a Reformer? (A laugh). Mr. LAMBTON said, it would be necessary to as certain why the men had beep dismissed, before any conclusion could be drawn fromit; as it did not fel low that they had been dismissed for their attachment tes the cause of Reform. He thou g ht it was too ' much to be taunted in the way he had been by the Itioble Lord. - He was no Radical Reformer; and bad plainly tokl them what-he thought would be the consequence af their wild and impracticable plans— (Hear, hear). Lord CASTLEREAGH assured the Hon. Gen tleman that he called him' an extelletititeformer, a Constitutional sense, and never Meant to class him with the Radicals. , He knew he was not a Rai-. dical, for he had read the• Hort. Gentlemoses speech,' delivered at the Newcastle Meeting, with all that epaz manliness which marked his conduct in every other res p e ct. He only t hought the Hon. Gentleman w a s. more disposed to place confidence in those persons 'tints he elm:lo2W, and motioned the subjectsifely that the . Hon. Gentleman, if not aeriusinted•withch. shduld ascertain' whether his.agent had thought' of the leading- Reformers as to dismiss them from "vier'. Mr.'LAMETON said, the Noble Lard hav 7 with that conciliating manner which no man _better how to display, disclaimed 'the intention t i) mputing those •iolent printiples to him, he, arse, cpuid not, for a moment, retain the idea tha ny thing personal was meant. If his agent had r' missed these men, he was not implicated ; and , toed for any thing it must be shewn that they Atschar g ed on account of their, political princi 'and for no other cause.- - • Lord CASTLEREAGH only mentioned it, the Hon. Gentleman might satisfy himself. Sir C. MONCK wished the Bill should be confit to three Wards of the County of Northumberland. The Bill was then read a second time, and on' to be committed on Monday, A message from the Lords announced to the House, that . Lordships had assented to the Amendments in the Trailing JPeevention Bill; and had passed a Bill for the Punishment of Masphemous and Seditious Libels, in which they desired ' concurrence of that House. The Bill was read a first time, and ordered to be read cond time en Monday. Sir C. MONCR wished to ask•the Noble Lord, if the maim at Santa Maura had been suppressed; and, if noxious Tax that had occasioned it had been repealed? Lord CASTLEREAGH replied, that the Insurrection been quelled; and that the opposition to the Tax, which foe local purposes, had arisen from misconception ; but ' not take upon himself to state, whether the Tax had, or been repealed.—Adjourned. VICE-CHANCELLOR'S COURT, DF.CEMBEI STEALING A WARD IN CHANCERY. SANDFORD V. GIBBONS. Mr. BELL, in this cause, applied to his 1-1‘ the VICE-CHANCELLOR, .on behalf of the mother the infant, and a Mr. Lee, the guardian, prayinJ that Court to order Mr. John Wiltshire, sen. J , Wiltshire, jun. and Charles Willsfiire, to stan; mitted to the custody of the Warden of the Fly son, for a 'contempt of the authority of the they having, as it was alleged, conspired to carry the young Lady in question, and Charles Willsh, having solemnized a marriage with her, without ' authority of the Court. After hearing arguments on both sides, the CHANCELLOR ordered the father and husbai stand committed. The parties were immediately taken into custody and Mr. Lee took the Lady under his protection, order to convey her to Bath, from whence the anent took place. COURT OF KING'S BENCH, DECEMBER MACERONE V. MURRAY. This action was brought by an Officer in the and the son of a merchant in the City of " against the defendant, a bookseller, to recover mages for an alleged malicious libel, publ;' The Quarterly Ream*, No. 88. The plaintiff, it appeared, was in Paris about time the expulsion of General Joachim Murat the throne of Naples was decreed by the European Powers. The plaintiff, on that occasion; - by the Allied Sovereigns in quality of Envoy, gociate with Murat for the surrender of the Th He was instructed by Prince Metternich to offer a passport to proceed to any part of the Emp. Austria's dominions. On the arrival of Maceroni Naples, Murat refused to accede to the terms and was preparing to commence hostilities brie. The plaintiff, notwithstanding such delivered the passport to Murat, contrary to structions, and soon. after gave information I taro Baster, the British Naval Officer on the for the purpose of intercepting Joachim on to Bastia. The information was too late, and on that occasion was not taken. The plaint' time after, published an account of the life of Murat, which was examined in The Quarterly view. The article purporting to be a review work, charged the plaintiff with treachery country, high treason, and intimated that I served an ignominious death. Mr. Beta., in support of the plaintiff's case, tended, that his client was entitled to claim damages. The defendant pleaded a justification. dente offered consisted of the two books. The Somiron GENERAL made an able st the Jury, contending, that the alleged' libel more than a fair comment on the public conduct the plaintiff. The LORD Cum hurtles left the Jury whether the defendant had published a fair or not?—The Jury, without hesitation, found dict for the defendant. His Grace the Wellington sat on the Bench during the trial. WRIGIIT V. CLEMENT. This was an action against the defendant fishing two alleged libels, contained in Weekly Political Register • one on the 4th of 1817 ; and the other on the 3d of July, puling to the plaintiff the forgery of certain obtaining money under false pretences, Ste. Mr. SCARLET? in stating the case for the distinguished this from the action which been tried, by observing, that this was a much more aggravated nature; inasmuch onsly affected the interests of a private indi , points upon which his very existence depended; whereas the former arose.out of connected solely with the political character conduct of a person, who was an actor of the continental. transactions of the last This distinction was the more likely to r attention of the Jury, corisidering the nature of the libel now presented to their plaintiff was a person well known to the lit of the City of London, as being the conductor eager of part of the Parliamentary Histr Country, namely, Iteports• of Proceedings i . meat, published wider the name of Mr. Cobbett. defendant, Mr. Clement, was a Gentleman well known as the Editor or Proprietorof The OhtenetrNeetepepet. The publication in which the alleged libets, which 'were the subject of the. present action were co was got one of which the defendant avowed the proprietor, althnugh it w ould . be prov: vase the agent of the propriturn, • What share - or taut he act in the salcof it, was not publicly pounced, nor indeed, for . this purpose of the - LAW INTELLIGENCE. t . -. • • .- • .0111 k . ; 1 • . . . . •• • . • . . I - Asely aetioni- wit it necessary. Inordir ta estplain the tta- ' • ' 1 ith,,it, tare of the libels for -which Mr... Wright sought ft . • 1, • :loin compensation. in damages, it became necessary theft , ,os his he should enter into the history of the pasty libelling l' ', and the party libelled.- Ths Jury were•iaformed fives ruing, the pleadings, that the libels were published in Cob- i knew' Irett's Pditicd Register. It was unneoessary•for hint, on of to state who Mr. Cobbett was. To , menti:ei thename - he, of of that person, was sulkier% of Itself to convinc,ealern .:-..'. a tha of the 'influence and-effect whith -a work coming .d di s- from his pea must have upon theininds of those who lto be , were susceptible of the strongest impressions which . • r were the English language was capable of .making. Mr. ciples, Cobbctt was a person well known .to possess great powers of argument, and probably equalled any man - , , t, that that ever existed in the faculty of exciting popular feeling.. His knowledge of language, his power of Infined expression, and Ms manner of har...:liog an al gument, ' t : and. rendered him a most formidable opponent to any man rdered who entered the lists with him in written dhcossion. ,', A t These acquirements were still more formidable when Sat their exerted for the purpose of satisfying personal resent- I I rennin, 7 - ment. There was once a connection between . Mt. . t.' fired treend the Cobbett and Mr. Wright. This connection commenced i'' ' • soon after the former returned to his native counter ead a se- from America, in 1800: When that Gentleman •c-ote : 1 • le Maur- to England, he opened a bookseller's shop in Pall • the eh. mall, under the emblematical insignia of the Bible, the Crovrn, the Cushfbn, and the Mitre, with the ' 1 1 I S lien bad loyal devise of .4 Fear GOD and Honour the King." Bich was Under such auspicious designations'. Mr. Cobbett re- r o r id commended himself to the Public as the publisher of - • literary works of the highest character. Under such f. circumstances, nothing was more likely than that • I r. • MitWright should anticipate the most advantageous results in point of character and respectability, frann Ut to. a connection with this Gentleman. so announcing i himself to public notice. Mr. Cobbett having thus established himself, sent forth publications, which 1 , • Honour presented, perhaps, some of the best specimens of , other of style that ever adorned English Literature. • His sen - . . praying tiniest% Upon Morality, Religion; and Politics, then :n. John commanded the esteem and respect of the whole ad corn- Nation. His sentiments with respect to Mr. Tho- leet Pri- mas PALM'S political and irreligious works (if the . • e Court, Learned Counsel might so , express himself), reflected carry off the highest' character upon the motives which i Nillshire then influenced his conduct. His eloquent and ' 1i 1 • bout the powerful animadversions upon that person's efforts to subvert all GovernMent and Religion iu this , ; • • re Vice- Country, and the consequences which marked his 1 .) band to career during the French Revolution , were the ad - , I II • miration of every reflecting and well-ordered mind. . k • ' :ustody ; The Learned Counsel proceeded to read an extract ction, in from the Works of Mr. Cobbett of that day, to sheet lie elope- the horror and contempt which the author entertained . towards Paine, in which a lively and eloqUent de- 1 ~,, ER ;o . scription was given of that man's situation when doomed to a dungeon in Paris, having fallen a victim le Army, to those persons whose violent passions were turned • c London, loose• under the influence of his pen. At this period over da- Mr. Wright formed his connexion with Mr. Cobbett, • ; r ' , dished in which continued until the year 1810, dur i ng which 1 , interval the plaintiff had been his most useful -and about the active coadjutor, in bringing forth The Political Re- na from gm' ter, and The Parliamentary Debates. In the year Eutopean 1810, Mr. Cobbett was tried and convicted of a libel was sent published in his Register, with respect to Military oy, to ne- PunishmentK On that occasion a negociation was e Throne. entered into by Mr. Cobbett with the Government, , offer him for the purpose of arresting the judgment that mperor of awaited him, on the condition of his discontinuing / , tcerone at the publication of his Register. Mr-Wrioht was his is offered, confidential agent upon that occasion, but the regeci- s in Cala , ation having failed, Mr. Cobbett was sent to N-..-‘ e ate. h refusal, In consequence of this The Register proceeded ; but 7 4 t . to his in- in the mean time disputes having arisen between Mr. _ n to Cap- Cobbett and Mr. Wright, upon matters of pecuniary 1 I , i: be station, claims on the part of the latter , wh i ch e n de d no t' I in his way long after in open hostility ; the negociation alluded , • , . , find Murat to having failed, it was an object with Mr. Cobbett, ntiff, some for the preservation of his public popularity, to keep i I and death that matter out of view. Mr. Wright was the only i l' • :, trterly Re- depository- of this secret , except Mr. Reeves , a Gen - 1 ' , iew of the tleman of high character, through whom the appli- . > ery to his cation was made to Mr. Perceval , then C hancellor of tat he de- the Exchequer. This circumstance , however, .by • 11 (- . some means was divulged, and Mr. Cobbett attri- case, con- bating the communication of it to Mr. Wright, pub- i laim large lished the libel on • the 4th of January, 1817, which . ' was one of the subjects of this action. The libel can- , The evi- sisted of a letter, published in The Register, and was . occasioned in consequence of certain observations • e appeal to published in The T'inaes newspaper of the day -con- bel was no cerniag Mr. Cobbett's application to Government to conduct of arrest the sentence of the law. That libel, with- r out naming Mr. Wright, sufficiently expressed MT. • I i iry to say, Cobbett's conviction , that that Gentleman was I .1 ir comment the channel of the communication, and was es- : • i aund a Ter- pressed in terms the most injurious to his character;- 1 e Duke of and any person acquainted with the parties, and their • rill. connexion, must at once. dime to the.conelusion, that Mr. Wright was the objectef the libel. That Gentle- - nt fj o r e r t b- man, however, thought the subject then unworthy of a t's legal proceedings, from the obscure manner in which of January, it was expressed-, lie beingthen desirous of withdraw- -1818;-in- ing himself from public observation. Thus matters „ . taro letters, Vested until the year 1818, when a General Election •c. took place for the City of Westminster, for which he plaintiff, there were several Candidates. Amongst others, the :h had just late distinguished ornament of his country, Sir Sa- ' _ i a case of a muel Romilly, Sir Francis Burdett, Mr. Kinnaird, 4 as it semi- and a •Gentleman named Hunt.• This latter Gentle. I divifual, on man was considered to be a pdpular Candidate, and • in society it had, for a considerable time before, been the study of a matter of 'Mr, Cobbett, in hii writings, to recommend aracter and this Gentleman to the favour and good opinion ,- or in sonic of the Citizens of Westminster, as a fit and proper , i • last war.— Representative of_ their sense in P arliamen t . I n . 1, , 4. engage the short, his object seemed to be to write Mr. Huta - i aggravated up, as the only man who eculd p ro p erl y re p rese n t notice. The the free and enlightened in habitants of Westminster. , •11 literary part On theoccasion in quest i o n, Mr.Clear y , whointetested uctor or ma- himself in the success of Sir Francis Burdett, bei.lg' into ry of the desirous of proving to the' electors of Wilittiihster • - , in Parka- that the opinion ef Mr. Cebbett was not tr i tis the , 1 i ' :o p bbett. The same. with respect to Mr. H unt ' s character con- 1 , uwell known duct, produced a le tter, written b y Mi•,. Cobbett in , ; i rN . the year 1808, adettesyed'by that Gentleman to Mr. libels w ich Wright, itk reilids wete•the'filllowing exPretsforfir. 1 ere contained " There is one HOU; the Page Men; ' bewate or t ! f rii • awed himself e:—he lives with a-sv; ; ;-&-i the itiffi•isf inethet man; ~; seed that he "ishh whoetlite•ii tiditlabil fi t th e • ,tneant4-= a' sad' • :i share or its c•fklkeserifinnittenbirig*sfenlithilltht - A eel: -Irk. i I publicly stn- a CoIIVIASTrIJ-TifrifiefttlPlttsitificiaviitNilitritings; •' • f the present order to shew that )air. Hunt was not a person worthy ill Of • . 4 •.. • ,