Star. — London, England, 1812-07-18 00:00:00

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Of whom may be Gad, The PIC I URE of LONDON, for 7 SI 2, by the same Editor, with Views and Maps, price 63.6 d. bound in red. . PiIRLIdIIIIAI4TARr PROCEEDINGS. HOUSE OF LORDS, JULY 17. The Stone Bottle Futy Bill, the Banda Goods Bill and the Isle of Mau Trade Bill, were read a second time nd commuted for to-morrow, Mra 'llExigiv, from the 'Tax Office, presented an account relative to the Redemption of the Land Tax, which was ordered to ik on the table. '1 he Irish Stamp Diries Consolidation Bill, the Malt Dudes Regulation Bill, the Members Bankrupt Bid, and the East India Loan Bill, were read a third time and passed. Lord RIDESDA Le's Permanent Insolvent Debtors' Bill was read a third time and passed; his Lordilaip stating that he had bai t hopes of its passing the other House this Session.; but it it did not pass now, he intended to briug in the same Bill in the next Session. LOCAL TOKENS. The Earl of LIVERPOOL moved to discharge the Order for the Cairnittneot of the Local Tokens Bill, and to renew it fur Tuesday. The Earl of LAUDERDALE trusted he should be able to spew their Lordships when this Bid came to be &cussed, that no measure was more likely than this to create a confusion in the country. In the present state of the circulation of the country, to prevent the issue of local tokens, would be to destroy the small change, that in many parts of the country was the only esieting medium for making small payments, and he contended that this subjsct u•uld nut be properly considered, without, at the same time, taking into consideration the paper circulation of the country, and ihe effects produced by it. The B.h was committed for Tuesday. LATE OVERTURE FROM /Rave. Lord HOLLAND wished to know from the Noble Lord opposite, whether Ministers were in possession. of any farther information relative to the late Over tnre from France, than what had been published in the Foreign Papers ? He was desirous of absta;rting ftom delivering any opinion respecting the Answer to that Overture, althoogh he was certainly not dis• posed to admit, much less to guarantee, the existence of King Joseph at the head of the Government of Spain as a principle of negociation. He should have approved, however, of entering into a negociation upon the principle of rendering Spain independent of France. ' He, at the same time, with respect to the terms of the Answer which bad been published, could not but protest against the difficulty which ap peared to be felt in designating the Emperor of France as Emperor. He wished to know whether it was intended to communicate any farther informa tion upon the subject to Parliament or the public ? The Earl of LIVERPOOL said, that the Letter front the French Government, and the Answer of this Government, which bad been published, were (without tying himself to the critical exactness of any particular expression) correct copies. The reason why no communication had been made to Parliament was, that the answer of this Government • called for explanation on the part of the Government of France, and therefore in the expectation of that explanation the documents could -not properly be made public. If, however, any motion was made for the priSduc don of these documents, he should not interpose any obstacle. As to the terms of the answer of this. Go. vernment, he could not conceive that there could be any difference of opinion in that Hoene or in the country, that if we had consented to acknowledge Joseph Bonaparte as the King of Spain, it would have been most ruinous to our character and our cause ; as to the other. point alluded to by the Noble Lord, the answer of this Government bad proceeded upon the principle acted upon in allantecedent negoci ations with trance since the event alluded to happen ed, in not acknowledging the Ruler of that Country as Emperor, it being a fair and a just principle that such acknowledgements ought not to be made gra tuitously, but to be th objects of a stipulation for a consideration and eqn*alent. The Earl of LAUDERDALE said, he did not mean to express either approbation or disapprobation of the answte of this Government ; be merely wished to know whether any communication had been re ceived from the French Government since the Letter of Lord Castlereagh, which bad been published in the Newspapers ? - The Earl• of LIVERPOOL said, that subsequent to the letter of Lord Castlereagh-, published in the Newspapers, no communication whanver had been received (rpm the French Goverment. Ex.orrimo INPOitIIATIONA. On the• Order of the Day being read for the se condseading of the firs relative to Fat-OIECiO 44013460% Lord HOLLAND observed, that after what he had saidamon this subject on a former occasion, and - considering the thinness of the House at the present moment although he admitted the season of the ( year to be inauspicious for a full attendance), he should not have been disposed to have said a word now upon the subject. had not what ,he former!) , stated been misunderstbod and Misrepresented, in quarters where he was anxious not to be misunder stood or misrepresented—and had trot his object also, in proposing these Bills, been greatly misconceived by some persons amongst the public. Ex-officio infor mations and libel had for some time past beenso much identified that there were some persons in the country so ignorant of law as to suppose them inseparably connected, and even to suppose that his object was nothing less than to abolish the law of libel altoge ther, and thus expose the Government to every at tack that the utmost licence of imagination could invent. Whatever might be his own speculative or particular opinions upon this subject, he was not such an Utopian reformer as to call upon the House to adopt a measure embodying those opinions. l His object was the regulation of the power of Ex-1 officio Informations, in order to guard against the abuse to which that power was liable, to the oppres sion of the people. The power of information alto gether was inconsistent with the spirit of our Consti. tution, and was condemned at least by inference, by our own laws, which expressly forbid any other mode of proceeding in oases affecting life or limb, than the ordinary, safe, and constitutional mode of proceed. lag, by indictment, to be first found by the majority WI a Grand Jury, namely, twelve, before the indivi dual accused ei.uld be put upon his trial. And it was highly worthy of remark, that whenever the subject was to be oppressed, it was effected by means `of an extension of the power of information. Thus in the reign of Heisry VII. the grievances endured by the people through this means were so great, that it was found necessary in the first year of Henry VIII. to pass an Act for ttie express purpose of regulating this power. Again in the reign of Elizabeth, and in the reigns of the first Princes of the House of Stuart, this power was resorted to, and was the favourite en gine of that most oppresii we Court, the Star Cham ber. This pawer Continued to be made the engine of oppression up to the perisid of the Revolution, when the Committee appinted by the House of Commons (in which Committee Lord Somers, then Mr. Somers, took a most active and zealous part) came to a Resolution, that the power of information ought to be abolished altogether, which Resolution was unanimously agreed to by the }Luse. He was aware that the informations then more particularly alluded to were not informations Ex-officio, but in formations in the name of common informers. The fact, however, was, that this species cf information had been found sa convenient to the Governmeut, that the information Ex-officio had lailm into d'Ause, and had become in a great degre. obsolete. To re gulate the power of information thus exercised, and prevent the grievances that resulted from its abuse to the people, an Act was passed in the third or fonrdi year of William and Mary, enacting that the informer sVuld enter into recognizance as a security to the I),etendant for the costs, provisions had previously been enacted to prevent the intOrmer from not prose. cuting, or from co:iipounding it. He trusted he should not now be told by a Noble and Learned tor,l, as be was on a former occasion, that the act passed soon after the Revolution, relative to the in tormation to which he had alluded, was obsolete.— That Noble and Learned Lord could not now say so in justice to himself. that act being still in opera tion, and constantly, he was happy to say, acted upon by the Court of King's Bench. He was aware that this recogi izance wish respect to costs could not he applied to Ex-officio informations without the vba lafi n of a well known maxim of the law—a maxim, that whatever opinions night be entertained respect. ing it, had been long acted upon, and certainly ought not to be hastily violated, namely, that the Crown pays no costs. The act, however, to which he bad alluded, had left the question respecting Ex-officio informations where it found it, by the insertion of worth which could not be construed to recognize the legality of that species of Information. If, therefore, the Ex-officio Information was, as some eminent lawyers had maintained, .actually illegal, it could derive no legality from that Act. What was the na ture of the Ex-officio information ? it was a power ex ercised by the Attorney-Gel eral of the Crown,at plea. sure, of tiling an Information against an individual, and placing, by his single act, that individual in the same situation as it a Grand Jury of twentl.three men had found a bill of indictment against him. It must be at once admitted, that such a power was most liable to abuse, and against its abuse, which might tend grievously to the oppression of the people, I it was the duty of the Legislature to provide. He hied obtained a list of the number of Informationsi :Ex-officio which had been filed in the course of a few years past, a proceeding it should be observed, that, with the exception of revenue cases, was confined to libel, and he found, that whilst from 1800 to 1807, the number filed was fifteen, in the three years from 1808 to 1810, the number filed was no less tam forty-two, of which, however, more than half bad never been prosecuted to trial. He did not mean to impute any other than proper motives to Sir Vicary Gibbs, in not prosecuting these Informations to trial, bat he must say, that it was a power of fining and punishing individuals which ought not to exist with out regulation. He had several cases before him, but he would not name individuals, his object being to abstain from mixing personal considerations with the question, confining himself entirely to the princi ple. One of the cases was that of an individual who in three successive years had had three successive In formations filed against him on charges of libel, on one of which he was acquitted on trial, and the other two had not been brought to trial. The expences in curred by this individual, in consequence of these Es officio Informations, amounted to £278. 18s. 11d. Thug it appeared, that the Attorney- General, without the intervention of a Grand Jury, without the inter ] 'nation of any regular or constitutional mode of pro 41tesietbe amount o ding,hadthe f neapowrly.‘esoo.er of amercing an individual in the course of three f i.eg" o a l l e a r nsstfcteilelnala)culisestoofneit'?upontit had s tliyonW:stuoogunteatdariTtiars.g Justice power that required some subject, and he nmst again quote that learned Judge, who, in statitig the necessity toe the existence of the "war of FA-officiu InforialhOttik Cobicrfacla, Out it was necessary to meet adequately enormous mhdb oseanors, such as obstructing or affrighting the Son. reign in the exercise of his functions, in which set • a moment's delay could be suffered in bringing te e offender to justice. Now those who suppoiLed di s power of Ex-officio Information:, must either dog the authority of Mr. Justice Blackstone, or they meg accuse the Attorney-General of negligence, inse t bringing to trial the intarmation he had alluded .‘ or they must admit that the offences for which the se informations .Earnajfeie were filed, were not erone, el misdemeanors, and therefore that the infant:aw es were improperly filed. lie could not contemplat e the existence of such a power in the hands of an tin. cer of the Crown, without feeling that it was pee r . nant with the must dangerous consequences. is might give a most improper influence over the pee. tic press. At the present moment the Attorney C o . neral had the power, after filing an information a t , (Ode, of keeping k hanging over the head of die d e . fendant without any limit of tins, and thus poss esse d the unlimited power of keeping individuals, atui pleasure, in a continual state of terror and elem.. From the general diffusion of knowledge, and th s general curiosity to know the state of public *fai t 4 curiosity, perhaps, sharpened by the large w which the people had to pay—there were at the sent moment a great number of periodical publics. tions, It was, therefore, of great importance to cro sider what effect might be produced upon the public press, by this power vested in the hands of the At torney:General. By not prosecuting an infetvonee there might be 4 tacit undee.tanding, undu snea k the individeal against whom it had beta filed might be most improperly influenced in his opinions, p art ,. cularly if his subsistence depended upon the conauct of a periodical publication—or the abuse of ouch a power might bare the effect of driving from the con duct of the public press persons of conscieuceand is. tegrity, who would not sacrifice their opinions to temporary interest. It might be said that the cas t he had alluded to of three successive infoimatiore filed against the same individual made against this argument, but the case did not make against cher neral principle of danger whi-h grew out d sus power, unlimited, as it at present was; in the nee of he Attorney-General. With respect to Wad, he wished to be more cautious in what he stated, as he WAS not sl well acquainted with the applicaticed the law in that count, ras in this. He had been, however, a case, from report, in that country, is which a person in p: ison for one lkel had had as is. formation Exijwio filed against him fdr anotherlitel (for it Has possible, and that was the Liw country, that a person in prison might be convicted of a false, scandalous, and malicious libel, of whim libel he bad never seLn one word) and was convicted without having had an opportunity of reaujeg the charge against him. The facts of the case were, as he understood, that whilst this person was in prima tor a libel, an Information Ex .offuio was filed against him by the Attorney General for another libel. The defendant applied for a copy of the charge, and was reierred to the Clown Office, where he was informed that the charge on stamps, &c. would come to 15w £2O, which he must pay, before they could great him the dopy. He made an affidavit that be was aol worth the money—but he was taken to have pleaded Not Guilty, and upon the trial was found Guilty.—. Upon being brought up for judgment, he stated that he had not seen the charge against him ; and the Court of King's Bench, alter hearing the case se gued, granted a new trial—granting it, bowevu, upon the ground of his affidavit, that he was not pelt. sessed of the money demanded of him for a core , the charge ; so that if be had only been posseseedd 430, he must have paid A'2o of it foe a copy ithe information. He thought this most opperseee le I the individual, and he had an intention of mewl a clause in the Committee on this Bill, to:tomes defendant in such a situation a copy niche 4 against him. He co u ld no t, however, but 013 taxes upon law proceedings, which swelled the amen , of these charges, as extremely oppressive, and new anxiously wished they could be done away. 114 Lordship then adverted to a recent case in Imbeds and expressed his wonder that such a personss Mn Fitzpatrick had been selected for an ialtess We' mition--a person who had so recently received& thanks of a large body of his countrymen, and si I moment too like the present, when the Go ernes professed to be pursuing measures of conegiado" Neither did the nature of the work justify the pit ceeding. It was nothing more than a states:ego those penal statutes which affected the Catbolit body of that country. There was another circa 's stance connected with that business also, and tells which he hardly knew how to mention, it W" " anomalous, and in some respects so ridiculous-nye& when he considered it as a p rec ed e nt, and in tel ence to the evils it might produce, it then , moo d a different character. The Attorney Gencui 0 Ireland, now in the dignity of filing Espoiscit left mations, and with all the pomp and circuinsutecen glorious law, sent a regular summons to the perso against whom be was filing the information, deist( him to attend at his,' the Attorney General" o "._ house. But what might be the consequence of oat proceeding ? Might not the Attorney Geueral la an interview, silt from him all the grounds of be 4 1 fence, and render that which he had extorted, as strum= of injustice against him t Might not ma 56 __ 'the case, he would ask ? He did not mean to say it wit the case, but he would ask, whether it was not ?art! With regard to the general subject of ex#o mations, his opinion had long been made up. I"' Bill, however, which he now intended to introd uces was one merely of regulation. It left all the P r !! see for which these informations were instituted. ens touched. It did not in any way interfere wi t ua speedy prosecution of enormous offences; but it have a tendency to counteract that principle by w at present, the terror of a criminal information M ew kept hanging over a man's head. The first cb . enacted, that no information should be filed IY__ l 7. Majesty's Attorney-General within the United A l .2_ dom of Great Britain and Ireland, unless such ar o ; minion should be so filed, or exhibited within t time, the precise number of months to be sp ecified a future state of the Bill, after the misdeme an our offence done or c ommitted. That was the pu ma' of the first clause ; and the second clanee eel that if any information filed or exhibited eseepT: trial within so many months, next a 4 CPO not proceeded upon, and the defendir ter t b ot ro e ug d e l iatntinatiol, all Willer ProCeedn •• wi