Star. — London, England, 1811-03-29 00:00:00

the plant Me ore eore had !lamely foe . else. oicted that it Was the enclple of elle.tenduCtot era request of. k .1 1 t tt he' newspaper.rather • lead . , the public opi eesyEitry nitit:3h Jet Ath that ran le. ic e now e held 'follow than 4 ' eiv It Ishii been easily observed, that 3 ro- .1110 - It -g'llt be then fairly inferred, that the nume in Is lie • . . . : 't - the victoi .iif ratiosa - was Ittity'dne to the roes prosecutions - whieh had of late taken' rhice for. I,Oft 0 Lae Commender in Chief. To army, The Country , ' libels, bad been directed egaintt persons. whose sole ~wed the unilotm success of our army, whenever it guilt had been the giving , utterance to the popular was emoloyed. (Hear, hear.) In his ophrien, Ge- tuitions of the times in which they lived. It would e seal Graham was entitled to the thanks of the coup- appear, then, that it was the expression of the peri -1 for what he had pet f o r med, b u t for the pleedistentent which had called for such severe and ti v, ROC on.y et eripls weich his conduct had held out to the emu- :frequent inflictions by the hand of power ; end if 1 Jim of others. In h im the y saw a man who had such discontents were acknowledged to exist, (and he ;d i minished all the comforts ef a domestic, life for did not see how "the admission could be avoided,) it he stood of his country. From the time of the behoved the House to explore its sources with all f leench Revolution he had been moet active, when- possible patience and assiduity. An' entire people ever he could be of service. Placed circumstances seldorwindulged in &mindless discontent. Man was o f peculiar disadvantage, he he'd not ceased to en- by nature indolent, and it required the exercise of se devour to &serve well of his countrymen, and man- vere oppression indeed to rouse him from the ease he fulls' struggled against every difficulty, till at length loved, and impel him to engage in the turbulence of ; his unremitting exertion placed him at the head of * political conflict for the recover thy of his rights. What 1 the profession of hi s choice. be.had stated with respect to e existing frequency GeneraIFERGUSON spokein terms of the highest of prosecutions, ought, he conceived, as he had before praise of the conduct of General Graham. . observed, to furnish a sufficient impulse to the House Lord CASTLEREAGH could. not refrain from to acquiesce in his motion.—But there were other I . expressing his satisfaction on the occasion. This was grounds, of not inferior' importance. Could the 1 ore instance among many others of the great resources power vested in the Attorney-General to harass every of the Empire, in the valour and conduct of our individual who might incur the displeasure of Go- army. Their superior i ty was so clearl y , so unequi. . vernment, or .his own displeasure, be contemplated vocally established, that hereafter when British sol- by eny individual with feelings perfectly at ease ? dicrs were led to battle by British Officers; we might This power had been, by a recent alteration in the topes° with fullest confidence in the skill of our Com- law, extended much beyond its Original limits, and menders, and the gallantry of cur troops. The ope- the instrument of oppression it furnished might be tenon as °Agin - ally projected was, he thought, such terrible indeed if wielded. by t an his he he feedsllow of a p tier person a t well justified General Graham's Aiocurrence prone to the'infUcti of evil -cize. therein. It most, however, he a sulajecr' the most In all cases,exeept that of information filed ex officio, eratifeine re flection to the House to find , that if any where the individual had to enter into an unequal , t e circumstance of the war pieced our army in a skim- contest with the power of the Crown, all means were jinn the most perilous (like that in which General 4eeorted to by which such inequality could be redu- Graham had found himself), it still had in itself, and eil, otherwise the issue would he seldom dubious.— it its Commanders , those res ources of valour and of ; The lance of the pigmy would be bat of little avail wisdom which were sufficient to extricate it with againsts the mace of the giant ; but the law had fenced glory. 1 - le had not the honour of intimately know- the criminal around with forms, and advantages of j ing General Graham, but he could not silently give i every kind were afforded him, sach as might enable I his thanks on this occasion. It could not but add ; him to rely with safety on his innocence, if he had the greatly to his honour in the view of the House, and ; rood fortune to possess it. It was particularly wor. ; in the view of his profession, when his conduct was I thy of remark hove much less likely a person exposed' Lode known. He had eagerly followed the duties to a prosecution for high treason , were to s uffer pu cf his profession with the true spirit of a s oldier, when I nishment unjustly, than one who might have render, those rewards which animate others with hope ap- ed himself an object worthy the . notice of the A.ttor peered wholly out of his reach ; when he had every ney-General. In the case of the former, the magni. reason to think he might live and die a Colonel, with. tude of the contingent punishment, and that of - tot 'fleeing a prospect of attaining that rank which, the immediate consequences which his crime, if he happily for the service, he had now gained, he had were guilty, might produce, would naturally fix meted himself with as much ardour as if all the ac- upon him the eye of the Public ; and, from the turnaiated honours the country could bestow were jealous vigilance of the Public, when once alarmed, Ikely to reward his labours. That he had been pro- if innocent, he would be sure of finding protection, rioted was u circumstance most satisfactory to every while the victim of an unjust prosecution for libel, generous mind. Among-the numerous advantages might linger out the season of his c.iptivity unnoticed cent - erred on the army by the late Commander in and unaided. It had been asserted, and with how Chief, there was no one for which the profession was much truth it might be collected horn what he had more grateful to that illustrious personage, than that stated, that more atrocious and violent exertions of they owed to his having advised his Majesty to relax power were less dangerous to the liberty of the sub, the severity of discipline in faVour of General Gra- ject, than those lesser terrors that encroached with ham. The last military wish expressed by 'the brave silent, but with sure corrosion. He would agein re- General Moore, was in favoye of General Graham. vert to the advantages possessed by the common felon, eVnd bearing in mind, ell 'fie circumstances of his or individual accused of felony, over those persons ceinduct, he was confident tltere could be but one feel- who might have the misfertune to be selected as the isle in the House. fit objects of the vengeance of Government by the I • Mr. FREEMANTLE expressed his concurrence Attorney-General. 'the simple illsc dixit of 1 , 10 Law in the vote, but wished to be understood not giving Officer could decide as to their punishment, if it i bp his claims to discuss the policy of the campaign. reached him ; it must reach him through a msdium General TARLETON knew of no instance where such as could leave scarcely a doubt as to ite e justice. gteater metit hed'be'ea'displayed 'on the part of the The unanimous voices of twelve men' must ilrst de- General, the Officers, and the Army in general.— tide as to the probability of his guilt, twelve more as ; The pressure on him had been very great , and it had to its actual emistence, and finally, in the oath and ! been unexpected, yet he knew of no circumstance character of the Judge before whom he might be tried, which had tended More to place British valour on the he would be sure of finding protection. Nor could highest pinnacle of glory. he consider it as a matter to be overlooked, the pri- ! Mr. FULLER, when be beard the great victory vete advantage, the fees of office, which an Attar- ttrst gained, as well as the triumphs by which it had i ney-General might derive from those ex-e icio prose- been preceded, were in a great measure caused by the ! cutions. He would not impute such motives as hi discipline introduced into the army by the late Com , had mentioned to the person who now exercised that mander-in-Chief, could not help expressing a hope that high office—base lucre could never be his object— he would one day be restored to that situation which and the smallest insinuation to that effect would be he had filled so much to the advantage of the coon- illiberal. The Hon. Gentleman, he was sure, would try. As a man of common feeling, he could not re- agree with him in thinking thatnothing could be more I ; frein from throwing out such a hope. 'Willi respect illiberal, nothing more base, than a random assertion !I to the motion, it was one which afforded him the that base lucre was the stimulus of another's actions. I greatest pleasure—" Good Goo!" exclaimed the Ho- He would proceed to point out another source of nourable Gentleman, " Lcould hope to hear such danger to the subject, in the want of any species of motions made every day." limitation connected with prosecution for Libel—no The question was then put, and carried nem. con. prosecution for treason could take place in three years I The CHANCELLOR of the EXCHEQUER from the date of the allegedoffence, thelepse of asingle ! next moved the Thanks of the House to Brigadier- day was sufficient to preclude it; whereasthe Attorney General Thomas Dilkes, and the Officers under his General was empowered to drag forth, whenever it command.—This motion was also carried neer con. ! might be his pleasure to do so,. a State offender of The CHANCELLOR of the EXCHEQUER I ten, fifteen, or twenty years standing, whose punish then moved the Thanks of the House td the Non- I ment could answer no end but that of procuring the commissioned Officers and Privates, at the same time !gratification of vengeance directed against some new expressing the highest approbation of their conduct. ;offence, of not sufficient magnitude to justify the t This motion was also carried nem. can. ; and the blow. Neither was there any limitation as to the SPEA K FR was directed to communicate the same to 1 time of bringing the alledged libeller to judgment. ! Lieuteltant-General Graham. Vest and undefined as the powers were on which he INFORNI ATIONS EX OFFICIO. had been animadverting, they were not deemed suf- Shortly after our re- .dmissihn into the gallery, ficient trammels on the press. The publisher of Lord FOLKESTONE rose, in order to make his ! every periodical work was obliged, previous to his in- i long into need motion with respect to Informations • earring the displeasure if the Government, to fur.; Sled ex eici9. Ills object, he observed, was to have nish the means ()Ellis own conviction, whenever he laid before the House copies of all Information's filed might be unhappy enough to do. so—his name was for libels in the course of the last ten yeasts, hi order to be regiseered at the Stamp-Office, ready for the that it might be ascertained from the subssan ce of ' finger of the Attorney-General, whenever a selection them, whet) er the privilege lodged in the hands of of victims might be thought requisite for an example the Law Officers of the Crown had been abused. He ' and warning to those presumptuous persons who con would endeavour to explain to the House the motives ' ceived the free utterance of truth to be their birth which had impelled lino to' call for the papers in right. Another hardship under which persons prose question. For the thirty years which preceded the cuted by the Attorney-General laboured, was, the year 1791, but seventy prosecutions for libels had mode of their trial. It had been the practice fur taken place, little mote on an average than two each upwards of one hundred years, to try such causes year : whereas in the three years 1808. 18t)9, and' by Special Juries ; and how much less they were JBlO, there had been no less than forty-three prose- calculated to promote the ends of justice might be cutions, which when divided gave fourteen to •each Collected from an interesting publication by a late year. Now, whatever might be the ratio in which Sheriff of London. While in office, the applicants ' publications had increased in the lapse of theinterve- to serve on Special Juries were numerous, and the ping period, no person, however disposed he might inference to be drawn f om them would receive be to calculate in favour of ex ?Pie informations, additional force, it it was considered, that a Special would venture to contend that such ratio was equal Jury was never permitted to try a came where to that of th e increase of prosecutions. This circuit). - the privation of life might be the rest It. The stsnce sheuld alone suffice, in his opinion, to stimu- jet cf all the ancient statutes on the subject of Li late the House to an inquiry. The ceuse!of the pre-' bel was this—that .falsehood was meant to be the sent frequency of prosecutions lay rernole from the standard of Libel—this was the jet of the old acts; ken of the careless observer : if that cause were gen e- at least such was the doctrine held by Powell and rally discerned, much. greater importance would be Holt. Even as recently as 1792, the same doe attached to the investigation he proposed, than it was time was maintained, and questions were then put probable he would be otherwise permitted to claim upon it to the Judges : therefore it was a hardship, for it. In the course of a late trial, for a libel, which he must say, for a defendant, in actions for Libel, had appeared ia the Day newspaper, it had appeared not to be admitted to prove its truth in justification. from an atEditvit sworn by One of the persons con- It was no light aggravation, that the AttemeysGe. neral had; or claimed to have, - the tight of reply, = though he would not go the length. to assert the such in all trials for libel; when, finding himself rather I meesures were seggested by him as ;in ; • s6II, he saw well there was but too moch kindness foiled, he might bring forward unexpected additions to the case. Neither was there any certainty in this towards all libels proceesling 1: ion the pens cf kind of judgment. In 1774, the late Earl Mans- Miiiisterial writers. What he wanted was fairness ir: in a case of Mr. Horne Took, directed the these things ; and t h at tinder no pretence of brew rig ,. Jury to be governed by the evidence before tl.e.m, ref should criminal prosecutions be unfairly dealt out. whilst Judge Buller afterwards completely swerved He *as feeelul that he had troubled the House t oo from that rule; and the 33d of the present King long—(Hear, Lear, hear, hear).—and his only h o p e authori s ed. the Judges to state to dimes not only was, that he had laid sufficient grounds for the mo. facts, b u t the law on facts. The Judges 'did not tion he had resolved to submit. His Lordship Moved appear to comprehend the spirit and design of that for an account of all prosecutions by es officio infor act : for, though he wished always to speak most mations, since the Ist of January, 1801, nith . the respectfully of them, Lord Ellenborough, in the case dates of each, and the proceedings had thereon. of Cobbett, Once decided that if the private feelings The ATTORNEY-GENERAL replied at great of an individual were injured, since such injury ten. length to the speech of the Noble Lord. The object ded to the infraction of peace, there was the begin. of the motion, he conceived, was to call in question nine of the libel ; and yet, in the case of Carr against , the conduct of the Attorney General with respect to Vernor and Hood, where the author (Sir John Carr) tx-egicie informations. The power of the Attorney was held ra p to general ridicule, the same Judge con. General the Noble Lord had not denied, he had only sidered the proceeding as riot libellous. The punish- i conte ided that that power was grosily abused. Had L e e Noble Lord shewn that that power, in the hands meat following libels was extreme ; not only were the writers, printers, and publishers of what were of the Attorney-General, had been made an instru. deemed legally libels, deprived of personal liberty, titeo: of oppression, he should not have said a single but often of the very means of existence. He might I word'against the motion—but no such case had been instance the case of White and Hart. The law, he made lut, and he trusted the House would indulge knew, gave the right to punish ; but it never could him, while he endeavoured to prove that the power in , intend, it nev e r did, give the right tondo those whom trusted tothat situation which he had now the honour it was designed equitably to punish. (Hear, hear, of holding, was not only necessary, but had never been hear.) He might be told what he knew, that by him emplOyed, except tor the public good. Should the Hou s e of Peers had asserted the right of the misconduct even be proved in the exercise of those Judges to commit libellers, for the same crime, to functions which fell to his lot from the official situa distinct and distant gaols ; hut this was not the tion he held, that misconduct could not amount to any spirit and intent of the old law of the land. The cause for restraining the exercise of a power necessary. security taken, in cases of libel, had likewise become in itself, and beneficial to the public tranquillity. He unprecedented : pod behaviour was an indefinite ex- • trusted the Noble Lord would not impute to him ant pression, security was accordingly, in some cases, un. • wish or attempt to resist enquiry on this subject. —do. attainable, and requiring such security was like pu. ! The Noble Lord had had every facility of obtaining li fishing for life. (Hear, hear.) Felony was often official information, and every opportunity of select... atoned for by iniprisonmont for the space of three ing the cases to which he had referred. The Noble months; and an aggravated cage if a tape, where the Lord had laid before the House the number of infor- Judge told the criminal he deserved to be hung, was • mations during the last three years, 'but neglected to subjected to no more than two years of imprisonment. state the circumstances that led to those prosecutions. Why, then, was the punishment of libellers made as Many of the topics introduced had no connection with atrocious as in the abandoned and abominable case the question. TI:eo might thew that the proceedings he had just alluded to ? (Hear, Hear). About two were leg al, but could not shew that any illegal conduct or three years ago, the Learned Gentleman (Attor- had tak en place on his part. If the means adopted ney-Oeneral) had brought in an Act to extend the were illegal, the Noble Lord might have proved them provisions of the Act for punishing offences against so , without referring t o hi m individuall y , He ha d the revenue to libellous offences. He took shame so acted according to the law as it now stood, and if the himself for not having more narrowly watched this law was wrong, a motion might have been made with- Act at th e time ; but who would have at once sus- out referring to him personally. The Noble Lord had peered its :lino that those legislative provisions which stated the hardships to which perso:,s so prosecuted applied only to offences against the Exchequer, the were exposed; but these must have been known to the rescuing of smugglers, and resisting the revenue of- Noble Lord long before this day, and he might have fleets in the execution of their duty, would be applied called for his remedy genet ally, without impeaching to criminal informations for Libels ? This was, how- the conduct of any individual. The Noble Lord had ever, as it were, constructively supported by the 26th endeavoured to shew, that in informations of this kind, and 35th of die King ; and it was now in the power party influence, or that of the Crown prevailed ; but of an Aaorney General to commence his proceedings his statements had not been borne out by matter of when lie pleased, which, in fact, placed every indivi. , fact. He - defied the Noble Lord to produce any thing dual at his mercy—Hear, hear, hear.) It that Hon. like influence against any class of men. There were, and Loariied person happened not to relish a man'sion the contrary, no prosecutions conducted with more mode of writing orspeaking, or, perhaps, his appear. I lenity than those on the part of the Crown, which, once, there was no guessing what might take place. linsteadof exerting its influence to oppress, endeavoured Instead of this act having done good, it had done only to punish so as to correct the offender. (Hear, harm ; the number of offences and informations had hear.) He believed that there was not a man, what increased, and it had become necessary to look to its ever might be his strength of nerve, who would dare, effects. He was one of those who could nct help occupying the situation he did, to abuse the trust re thinking that the power of the Attorney-General posed in him. Was these any prosecutor more watched had been exercised partially and abusively. Lord . than the Attorney-General ? Was there any man Holt, Mr. Dunning, Mr. Burke, and other great more likely to guard against every deeiettion from strict men, had called into question the legality of ex- duty, liable as he was to be called to a strict account ? °Pio informations : he might be suffered to have He asked the House if there was wanting either abi some doubts on that subject, though he did not mean I lity or zeal on the , part of Gentlemen disposed to make to question it. There were some of those general such enquiries ? (Hear, hear.) Such, indeed, was reasons which induced him to submit the motion he the zeal on the part of some Gentlemen, that even was about to make.. The cases which might he con- human infirmity itself would not be admitted as are strucd to favour the way of proceeding by criminal I apology. It had been insinuated by the Noble Lord information were neither numerous nor satisfactory,+ that the fees of office might be an inducement to ncr would Blackstone sanction the use to which that i increase those prosecutions, though he had, at the proceeding was now put. Blackstone stated, that the same time, done him personally the honour to believe offences must be against his Majesty, each as to en- that no such motive could operate with him. Was danger his authority, and the punishment of which . it for a moment, however, to be believed, that the could not admit of a moment's delay. Looking to little dirty fees of office could influence any man, on facts, it would now be found that libellous offences , questions of so much importance ? Could it be sup were sometimes not tried at all, and that great delays posed that any man would undertake ptoeecutions of had taken place in most cases—(Hear, hear, hear.)— • this nature fur the sake of pocketing the little dirty Yet did those who had Criminal Informations filed tees by law attached to them ? (Hear, hear.) He against them, but who were not brought to trial, forgot whether it was 13s. Sd. or 6s. .I , d. the Attorney incur no punishment? (Hear.)—llid those who had General was allowed on such occasions, but it could been tried, and acquitted, feel nothing—neither the not bebelieved thatanyman would institute a criminal torture of suspense, nor the cost of cash ?—(Hear,' proceeding from either of those motives, without sonic hear, hear.) —He had knowledge of a case in which regard to his duty, and some respect for the public the person charged with libel was acquitted, but his ° good. When such a cha;ge WAS alledged so unwor expences amounted to seBo, and was this money nitre; thy of a man of any common feeling, he could not thing to a person who wrote for his bread ? F0r...! even condescend to defend the honour and , the mo merly there was a great jealousy even as to come tines of those who had held, or might hold the situ liounding of Criminal Informations : now, might ation he now occupied. He knew well, however, not many persons be inclined to think that the Attor- the quarter from which this imputation had been ney,General had been guilty of an additional misde- suggested. The Noble Lord had been informed, meanour; in dins compounding with particular news- there was no doubt, that he (the Attorney General) writers, apd inducing them to espouse his side in poll- in a late trial, ha 4 stated that the course pursued by tics? (Ifear, hear.) —If Gentlemen paid attention to the party accused was to promote the profit of his the prosecutions instituted by the Attorney General, paper. The Noble.Lerd had taken this opportunity they would find them to have been principally against of retaliating, but he was sure it could not, for a mo. individuals who were opposed to Ministers ; though meat, be in the breast of the Noble Lord to im there were writers on the_ other side, and in favour of pute such motives to any man in the situation he them, who had published indecorous things, which, if had the honour of occupying. He did not think it the Hon. and Learned Gentleman desired only to was liberal to bring the two cases together, and no preserve the King's peace, he ought to have erosecii- man in the House, he was certain, would think them ted. (Hear, hear.) The Noble Lord (Folkestone) similar. The Noble Lord had mentioned another now instanced the noli prosequi in favour of the Morn- circumstance, es adding to the oppression of offen. ing Post ; the case of Cobbett, whose agents were im- ders, in such cases, that no given time for trial was phcated with him ; that of the Statesman, and of the fixed, and that the offenders were still liable, however Examiner ; whence he inferred the uncertainty of the long the prosecution might be deferred. Did any law respecting Libels, the injustice of not always man believe that offences, however stale, were not to taking the author of a Libel as the sole object of pu. be punished? After such an insinuation, it would nishment, and the want of impartiality in not pit- scarcely he credible to the House that he had never nishing Libels without any deference to political filed any information without following it up, as soon parties. Why, he asked, were several prosecutions as the time would permit for due investigation. He for libels dropped, which had been commenced just had never allowed more time to elapse than was ne before his Royal Highness the Duke of York re- csssary for the discovery of the circumstances, and signed his situation as Commander in Chief. Per. the production of the proper and necessary evidence. sons there were, however, who seemed licensed to li. Another charge had been brought by the Noble Lord bet all the Royal Family, as he thought, had. been against the-administration of the law in general, ac etone in the Courier, in a cei Lain paragraph descrip. dug both Jodcs and Juries of partiality in favour Live of a College of Princes. (Hear, hear,, /lean).— of the existing i o rreentrient. He had stated to the Not that he conceived so indecent a paragraph was house that the Special Juries were selected, and had worth prosecuting ; but he did not wish that the At- a personal interest in being subservient to the Court. torney Getieral would be more impartial in the ap- Ile had stated further, that the officer calling and se plicaeion of his rule—that he would prosecute all lecting these Juries was under the iniiucnce of the bellers, without preference or partiality (Hear, hear.) Crown. The Noble. Lord's information on the sub- He had spoken of the Attorney-General as to his re- ject, he contended, was incorrect. The officer allu sponsibility for these prosecutions, ared he trusted he ded to was no more under the influence of the Crown would.always. b.:: made respoasible to that House, than any of the Judges. He was an officer appointed '