Star. — London, England, 1830-03-03 00:00:00

• oppressiVe. 'Thinking thus, could he do otherwise than moot the subject in this house. But before proceeding further, perhaps he ought to give the reason why he, a lawyer, felt himself aa th orised in so characterising these proceedings. ( Hear, - hear, -hear.) He assured the house that the conclusion to which he had come, be it right or wrong, was not the effect of hasty adoption; he had given the matter long and serious consideration, for he was convinced from the begin ning that nothing short of a very strong case of oppression nhti vexation could justify him in bringing this before the house, which he did not advocate in a 'Court of Law. He now came to the facts of the case, which he should state shortly. Few gentlemen could be ignorant that very recently Mr. Almeida was tried upon three infoimatione, at the suit of the Attorney-Gene rah Upon the first for a libel upon the Lord Chancellor (Lord Lyndhurst) ; upon the second. roe a libel upon the pat of Wel lington and his - .llnjesty—(a laugh) ; and upon the third, upon.a— Whom or west In was unaole to characterise, and which he could not describe better than as a kind of ostnibuilibel—(bnnts of laughter), an omnibus libel—(continued laughing),.—oe what In cookery-was called a hotch.potbia.(roses of laughter). And against whom was this libel P Against the King P—against the &sem picot :—against the right honourable gentleman, the• Home Seem tray. whom he (Sir Charles) was easy to see mixed op in this af• fair, no his dignity would seem to lapin a prosecution to shim. self— (increased laughter);—against Ministers, seldom the House - of Commons cam coins/dans dais ; in fact, alarger aggregation of objects and subjects in the way of prosecutors could nowhere bed, fooott in any of the precedents, or the various fame which the re cords of Weittminstet Hat exhibited—(Cisers.) tie was about, as he said before, to move for minutes of thescproceedkp t znd if in commenting upon them he •shinthl• happen to speak. is any way approaching to mwoodity, aneseDeue eionlat4 k was' Hs anxious wish to avoid it, although It ;wes-tfillknek to confine oneself to speak de re, without ablie ash et. Pets roan. if it were possible to treat the °Ake ir Ationmy-seen nerd in eh% case as an abstain thing, ash was the mode Wadi& he wished to treat it, for if any man •suffined pal tltent his iliemita,, he assured the house most conscientiously, and as of Moors, that nobody would be more distressed at it. than he. It undoubtedly was, to treat a case like titbits that of A, B, C, lost be should try to Milt it so, and if, unfortunately, he exceeded the limits which he had prescribed himself; if he traoscended the lations which he had drawn; if he said any thing which gave the slightest offence, he wished to retract it, indicts:so es; lm suppose it never to have been said, and to take it for granted that be was sin cerelyanxious to avoid elmmitting himself in say respect, In a shim . don it which he was open to reprehension and reproba -These were the three eases, the proceedings of which fie would take the liberty of calling for copies oE With respect to the thee of these' cases, be had already said, and he said It with the most re. spectful deference to the Lord Chancellor, and in the strati hope. that any thing which he there said would not dissolve the d os hoer which they felt to do justice to one another r, with this pet be should say that he thought the lord Chancellor Lyndhurst did perfectly right in taking proceedings ageism Mr. Alex ander, for charging him with promoting, for a bribe god scam.. modation, his (Sir Cheeks Wetherell's) learned and able friend to the office of Solicitor-General, when s body knew that such promotion was fairly earned by his great talams as a lawyer, hie high reputation was solely the reward of his own merits, and not bestowed for any of the dirty motives insinuated in this publication.. And further with respect to Lord Lyndhurst, he (Sir Charles We. sherd!) must soy, and he was are the noble lord's personal Mends would bear him out, that he had ever cheerfully performed his duty, as an individual member of the profession, meddles in the court of that learned lord, to him as its head and that when In the office of Attorney. General he was as willing as any one to give all the reasonable protection which could be expected from his office. To tile history then of these proceedings. The noble and leaned lord was attached ; he was called upon to defend himielf—that, by the consciousness of his not having done cross; and, secondly, the requirement of public opinion. In amsonance to the voice of private feeling-and public duty, he determined upon_ being. Ing to punishment a party who had inculpated him of a legal alma and moral corruption, In the appointment of the learned person as the office in question. A criminal• lamination was moved for by his (Sir C) honourable and learned friend, the Att -fie- • neral, in the Court of King's Bench r . sad if be (Sir C.) iiiwed from that learned person as to the legality and censtitutionalakt of these measures, he did so in the fuU consciousness of his saes. rior knowledge, great talents and powers. which it did net- remake' anieulogy'from him to do justice to, for they were generally- known: However, with all the deference which he had for • hie and, setting aside private feeling. which, of coarse, no :Men wantonly wound, he must say that he thought these ptomain. were unjustifiable,and if this conveyed anyeensure it was I em sure upon the office, not upon the individual who filled it. hear.) The information was filed—but perhaps it was nessiosey to premise- that it wan for the applicant previously to make an affidavit denying truth of the isslanadons son. tallied in the alleged libel. Such an affidavit did the Lord Chancellor make ; a similar one was made by Sir &hard &glen. Matters coming to this pats, Mr. Alameda was called upon he his defence ; and this he made by disclaiming, to the most positive manner, any !illusion to the Loyd Chancellor. He (Sir C.) would not further pursue this part of the subject which was but collateral to his motion—for he had here nothing to do with the merits *either of the information oe the answer—but would call attendee to what followed. What, then, was done after the affidavit by Alexander} Lord Lyndhurst—the head of the law, the Lord high.C.imacellor of Great Britain—acting by the King's Attontey.Genced (in Weems a private advocate, however, not a public prosocutotevleittlied for arid obtained a crimin al information against de having put, him to the vexation, trouble, and expense of first meeting a prosecution at his suit as a private individual, and bearing his de. fence to that suit, what does be do then P • Why, the Attorney-Ge neral, acting vistas (OM, upon his own responsibility, proceeds to file ex.officio informations against the same individual in a way, which he (Sir C. Wetherell) took the liberty of 'eying, the whole tradition of Westminster Hall, gave no similar example of, for its geniality, unfairness, and opprentivenots--(cheering.) To that statement he pledged his reputation' as a lawyer..—(he an) The subject was before the House, and he had, he believed, feisty elated the circumstances of it ; it did inn become him, under such cir cumstances, to speak very positively, or to be very latrusive•of his private opinions, but if he might be all owed th to speak with 'nu ance upon any subject, he would repeat, that this proceeding of the Lord Chancellor and the Attorney-General—the obtaining an in. formation for libel, according to all the rules of the Court against a• defendant, and then abandoning it, and filing a new charge by ex. officio infonnadon--was a case unheard of and unprecedented in the annals of ' Westminster Hall.—(Loud cheers.) He asserted arch conduct to be a breech of the Constitution of the realm, a violation of all the rights of the people, and he was confident that he was not the only Masi - who thought so " For," said the Right Honourable and Learned Gentleman, let Westminster Hall be polled, and if there be a single .lawyer, excepting always the Attorney-General,:and those who were asso ciated with him in those proceedings, I say, and I say it advisedly, that if there be a single laiser, who would say, upon fits oath at your bar; that their,* proceeding were bible. wise than unpre ced ented in law, I ail not a jowyee and know nothing of Westminster Hall. (Tunntletious cheering.) If so, - . then, and that they had been folloWeil cansiquentOi nem . does to the defendant, war .Glider)_ not meissated in•saying that they were harassing * connive, sad madam : pro. ccedinp ? And this was one of thessenplaines ditch he had to make. He had proved them to be unprecednitesi, be eliould now show that the proceedings were oppressive and vexat(ous. For the reasons, quo eezarus, they were these—in the Hier place, the defendant was put to double expense, he was obliged to take his trial twice for the same offence. The house would See that the right bon. Secretary for the Home Department, had brought in a bill, for which be (Sir Chides) was very grateful fee preventing persons acquitted of offences, from paying fees. It would be for the right hoe. gent. .new to my, whether after this case of a man being put a second time upon his trial, some provisions ought not to be mode for him in this Act. (Hear, hear, hear.) With this statement of the subordinate circumstances. of the case, he ahOuld proceed to allow -hew such practices might lead to the greatest mischief. It was by no means necessary to stop We to mk the learned of th e Court of King's Batch. ab ility, talent, and upe jll 47.- ness of Lord Tenterden, Mr. Justice Bally, and their learned also . elates, required no eulogy from him. But how were they placid by the. Attoency-General ? He , Brat obtained a criminal into,. onion and then proceeded to Me an ea-offkis for the same Wm—as as he was undoubtedly qualified to do, without knee from say court whatever. Mr. Alexandeismployaw learned gent. remarkable for his great talent and public spirit, -Mr. DOOMS, to defend him.—' This gent. makes out such a case of hardphip to the court, that their lordships say, " We cannot prevent ahe Attorney-General from filing his ex-officio, but we will take care that he doss mot abuse our information, and we will, therefore, put him under Mims not to proceed with this, if he persist* in his ex.officio. The AelliNley• Genets' is called apba to elect which he will proceed upon; hat be • Minds upon his nght, and the counted that they cannot _interfere further. This was an undoubted right in the Attiessey-Osasefli and when be (Sir Charles,) was In the office ,_ fi e marked. _upon an • occasion when, having. asked to put af .a Sid 'on admit, it • was said upon the other side Who nemitery, but he refit* to make one; and the court watiVestl a ettie Ore SITOUI Lion. Thus die matter send . •the Attrap e p= • bang tied ups to the 4tiwtiedhegeosisiss which he had obtained *no the cast. • The hmlitithesl - ARlll; wh of biskosd hind and she itty: th l ot -If • Aetna's bin . toa Am tytd >< /Await . the, bogs trit ig tbs‘ em git t o prescso w it sad Weds * a . thes ..l4l4 soullase he proved, a thing very unllkelit was math' to 6 °ltalic". • rs. elfr '=l is But did the bettuilemsdt Ate Map look. ttelteedbnifY . 11 t , ?enure from the: lam ok. the...WA • which: hat Asian Oahe the met - - The Nip f_mitetthin • " si. wipauTstrit k that the eettorney-Omial,'ller pubhcptosaufors f" it ir a Cabinettprosustimeharestbi reedy. Now, he was, caritio to know who lOUs .thist asendld the Cabinet which . pea to. the Attonigy.oeatnal • isiinconeletent. wish the pehtelplac Pad spirit of the British constituden, 'of first proceeding apint.a,d► fendant, as the .advocate of a private party, and them. Maio. round upon him , as the prosecute, far the. public (heee,s Nal lie presumed the Lord Chancellor, the head of the • late, was not one of those who directed so onometitutional a' proem& ing (hear, heat, hear.) Be it observed, he complained, la this instance, more of the way in which the thing was done, than that it was done at all. What then vase libely to be the effect of such • precedent as this? Whilst the bench could boast of such judges as Lord Tableau and his brethren, the public might be as. loured that the curt would always hold the same language to attorneys.general as these learned persons did, when he wished to cumulate the charges; but would there be a Tenterden always on the bench, or was it impartible that politico and party should never find their way them? (Hear, bear.) The apprehension of such an event might, at one time, have been merely an airy speculatioa of his own, bet, unfortunately, IMMO modern events had furnished ▪ fact, which gave it something men than the uncertain form of abstractions and possibilttles. lie had sees a letter in the papers, the genuineness of which he, of course, did not credit, and which wanted confirmation by the next ship from the Ganges.— (laughter which stated that each a thing as a misunderstanding betimes and the government was' not a thing impossible. Supposing, Dever, such a letter to be confirmed by the next arrival, and: that the amelment was transferred from the banks of the flanges to these of the Thames, what this became of the only mouthy which DOW munained feu defendants In government prosecutions, the independence of the bench, and its determine. flow to cheek the wanienneea of the Attowity-General ?...(Cbsers.) This, however, was only one of the topics which he wane to allude to. He had heard from a noble lord (Darlington). 'the fleet day of the session, that there was to be a lutist change in the plidas of the leading Mows of the executive government. TM noble lord premiled us a tory govammt, acting apes whig.prin. ciples. Now he (tih avowa himself one of the people.called ' tortes, and, co behalf otitis see, and he believed also on behalf of the Whigs—much mask medic—he might say that there never was before any such as these sanitioned. He was almost confident that the annals of Westminster Hall supplied no similar example under any government entbely whip or entirely tory. But, besides these forms of ministry, 'ohm:Hardy distinct, there was another compound one.-4 eeretant quid—(laughing) —a. govern. meat upon a new principle, or, rather, without any 1=1; at oil. He was afield thal, if he had_said this IS yards place; he ihould be Welted by as ex.ofihdo information, although he might be able-lopme, ley the best writers upon-lite English lan guage, bimodal, Stamm, sad critical; that • the phrase " unpin. clpled government" meant net a government morally bad, lout' *inch had •no Riad principle of action.—(hear.) He would ask these who laid claim to puller leniency of estripena..to puticular abedneace 'of, pewee—milkiness of human Mum whether. they thought -diet gentlemen at his side had sot sense claims of the some mature ? whether they did sot, too, live in • land of milk and hooey ?—and whether they did not claim the same kindly sentiments„ and the same abstinence from power ? Being agreed, then, 'upon the principle, their only dispute was upon the fuel, If he were asked whether be meant to take away from the ..fiturare.General the_ power d Ming exwifielo informations 1 1 be should say, Car-. tel not. The manner is which that power was left at the River lotion was certainly rather vague and indefinite, but still it was me which, under wholesome restrictions, ought to be suffered so re. main. Many 111111111 might occur in which this power night be beneficially used. It was his wish that some steps should be taken to prevent a recurrence of such poesediags as those to 'which Mr. Alexander was recently subjected . -Criss et . hear, hem) He had no wish to employ harsh terms, but still he would more again that a more infamous promotion never was instituted bn arty country.—(Hear, hear.) And why so ? He was ready to mew the question, and would state the matter and the authorities. The At. toroey-Ciateral, after be had found it necessary to •adaptameba course, said be had changed his =hid tend why had he _ mind ? &eats, the Lord Chancellor had changed his mind.— The Attorney-General would not be disposed to admit this; but, nevertheless, he would . say that such was his opinion. (A laugh.) He had a* abjection to .persone chan t r e ig e their mind—they had a right to change th eir minds when saw good reason, and this only affected themselves r bet que stim was, whether a c p b ut i rofilser bad aright-thus to annoy and harass the king's subject, mf.the editor of this pope had bus berme& Wele be to refer to similar paiscutions at Other time, be coot pram, nogg instances when a very different tsetse tad bees peak He Muhl /refer to an instance which oceuved in Lied North's rake,. Minden, when Lord Sandwich was First Lord of the Analogy, and Lord Halifax Secretary of State; and, such the mt. aistry, there could be little doubt that they were well to rebut the charge. Lord Sandwich was charged with selling a am-. miesionership of the navy, and a Tory Atteasep.General; Lord Thurlow, was appointed to nury on the prosecution apinst the in. dividual who had !fought the rge.: It was psesible,Ar would net deny, that the then Atmeney.Getwral had dram up an Muse d= after be had taken a geed deal of Hugundy...(AlamO)c but, notwithstanding that, be had drawn it up in a manner wMa war my creditable to himself. He did not file an es•olliele Informadea, but prosecuted the libeller as a private individual, and Lard Sand wich obtained 2,0001. damages. The case' was reported: at. cowl derable length in the " Annual Register" for the year 1773, sad a very able speech the Attorney-General made ; but he dicinot prime the course which had been pursued on this occUist ; be merely prosecuted him as a private individual who had imputed curuption to that noble lord. He had no wish to diverge from the sub ject; but Ass be was bound to say, in justice to the proinatter, that of the three modes of proceeding—by action, by indictment, end criminal Information—the Tory Atterney.General proceeded -by ac. des hem. And he would lay that the dictum of the Lod Chancel. lee me no ground for changing the nature of the suit. He would net, 11011. CM, say that Lend Lyndhurst or the AttseneyAionetal wished to change the suit—his only obj ectless papershould, es was to the, Mode of icrig ; and be thought that tiw editor of the should, fa the quoted, have been prosecuted as if the lulu had .issen brought by a private individual. There was anodwr imam it a similar kind, when Lord Loughborough was (thief Jaw. ties of the Court of King's Benet, and a chugs- bad been made 'aping Esrl Moira for speculating in the Funds - with SW public money. An information was filed in the King's Bench, and th e Lod Liget Justice, after hearing the charge of the preautior, end the de. &cation of the defendant that thee was no ground for the charge, the ease. H. did not mention these cases with any is. vidlous feelings towards the Lord Chem:eller, but maely •to show what course bad been pursued by Lord Tburlow imiii by the public prosecutor in the latter instance. Ing this, be wished it also to be remembered that did nut deny that the noble lord would have been justified in hinging MI action ; but when he said so In. must add that the AtteintePGe• neral was not justified in changing the mode oepecedure,: and in adopting another, which was unprecedented and oppossive—(Herr.) 'The second case had the same termination—Jig meent.,that. which ,was charged u e libel on his majesty and his majosty's ministers„ and which was tried in the month of Dumber Jaw. ..6 4 44 here he wished to be pamlued to call the attend is of the„haten to the observations-which be was bound. to makowniho the gesee, and, I that wine. be wield call their attention en ehir as. mentring. coed enylkio inhoonstion. It had been called-a libel en Ids ma jesty and the Duke of Wellington. The hon. mamba Se Caunbre.. LW had, the • other night, done justice to the noble duke, and he wished be oath do the same.. He had. the t respect for that high individual for his milli* - :lather pat qualities, but as a minister he had a t attack him t and be would attack • him, not se the kw ~ o t. Wel. Huston, but as a Wainer of the crown. He would be- the, last person to speak of him in any tamer but those of admiration ,1 as far as regarded his military character, fee he. bed: achieved more than the Duke of Illarlimeough or any Gemini of the perwel age. If he spoke of him in strong language, -be begged to-be an. dermood as speaking of him in his civil capacity, abstracted flew his military capecit74 and la doing so he would endeavour to take that noun which was esoeistent with Seldom of debate and legitimate discussion. Ile hoped that illustrious individual would understand him in that /light, . se spanking In. the war one friend would speak to another, and of one toe, for whom he had the highest admiration in the cumeity to which be had.alluded. In the way in which the infatuation was filed, there appeared to be little wish to unite the minister with the sonreign, and to have for the preamble the well known nerds epo Re: mess. Now be must say that it would have -been much better to' have made a distinction in the libel. end impanel are Meg from his ministers. In law be knew the act of the savenign was re. girded as the an of his Walston, but be never heed that an at. tack on the ricrenneent wild be at the awe dnee. aminsed as an .itted! on the severeige., and be thanes.' disapproved -of riming the tame of 'the Duke of W -with that of dtelf.hog in the infonnadon le the libel the ash of Welliontem -was aid to be an &abides' minister t and with this e.Wsl. " leak weld be hand s on the batboy, if he was so dank that the ra4missim an ambitious sniqlstar,.. he would be charged -WWI. him t rod will nay one say that it was $ Mahal to oune that the Wainer ersi - .coldly ..reeetveti by the JD. • r should be-sled-to hear ear lawyer or civilian stand an fail ewe I f s was ßb, low re My that the minister wascoldly secoluiddlynlde itteseeign. He =bedew' any man, whether a is err awatignell. historian eta conatitodenalisto rany web. Itzkild o r s . lien :up—(langlner)--and -say .whatbon:Avem.= ' andaerdtbaS dam dowse& tribunal, the *ter ('—be f. a tow wield be lilarips4v• a MOM- for wing. tiaatb the Minster ha been coldly remind by the Sovereign. He wou ld so k If sushl Myna - t:• .r• • ie to . Wi t which had been looted in is Intimation, Dots ;hie even.in such kfrihtillal P The Duke would lib* atla.lohl Witter I brim ethotaid to he a ambidsms 41.141"Allgames iniatre 1 Ali • doom vraresekes be was reedy -Ma but w y halm meow to Arndt a male et mooed 'llo' F pusbit ess eirstniali,ll l o fihmoth ' k Dr. . Johnson, li alb. *II liar cams et Viglbed tas is than childish, and had IO at t to them was like chastising aehalboys U an beet. That arty jury of It men—any jury even without ems sad aiseidsp, ova liese...that a jury composed of sass ew laths anda ha= ease is with a deaden was to him su she Deka. hadb am* een es ambitions and l a t i rj; I could deny it after the great results which he had all =tht amid? He had settled a question which had dashed three cabinets—whidi had dissolved, or mew pawned. the bentation of Conobers Cabinet—which had, the a humph of time, peaked each cons. motion t and, *lush disable dub might quad with the phrase es given in the libel, be must at least say to himosif, filter all tab—. " I tun a pretty ambitions man." (A laugh.) It had bees also said that his majesty was unpopular, and that this was canoed by the conduct of his minium* ; but certainly nab stranger things than this had been said wittiest thawing forth as ex-alicie isferstation. A noble lord had said newly as rough, when speaidog of the mall range neat of the govermaan. At onetime be said that the swam won en—at another it mopped ad that, at another, the ministaid carriage might break intro altogether. (Hear.) Now be did Mat know more of this than any individual in the bens.; sad, Ile aught-be knew, there might be some mounds for the stansam, yet, did not this make a charge against the bevaeign P The asetitutlen of the country was composed of three Meat states..the regal, seistoaatiod, and popular, or that hawed in the Comm ; and be amid net see bow it could be imputed to Mr. Alemenift as a alms, that he wished the regal &nth/why to be large, than it was. This, he knew, was a debate subject, and he wished to Meat it as seek. In as speech from the' throne, parliament were seem mended to take steps foe 'carrying a certain measure; and it bad been asserted that sash a reounmendation peoeseded from, -the spenumeone feeling of the severeign. Now he would say that such was not the fact t and be did not think that it wad Hiegel to say that one state of eh* realm, which could set f‘ sal jerks* hadn't been left to take what cause it pl ea He recellessed a ens 'Oka bed been tried before Lead Ellenborongh—an Mile which bad ban brought ageism Ilr. Poll, of the Mon*, Chronic*, for a libel on his late Majesty. Mr. Parry was ilia on an indictment for stating that, on the daubs of the sovereign, his successor (his present gracious Majesty) would hi e in populatity. On the nab:taw being preferred, Lord said that to tithe an imperfect view of the atomises of the esentey, whither as ',gelded its foreign or internal affairs, could only be regarded as an enve ° and 'implied no moral Moms Ana ththencharge was, that the administration would soon be dismissed, and the Attorney-General go oat with them. • This might be an at. tack on the ministry, but certainly not on hie Majesty, and be thew fore thought it was most improper to Mantis the name of the So. maims in an Indianan spinet a charge which only Zi e e . the inistry. He aneurred, thaefore, with Lea Ellen , that sash a sniesstent was no libel, though the jury found He was not in the house the other evening when the nature of that wadi& was alluded to, but be uoder that the hos. .ntember for Wealth:eta (84 F. Burdett), and the Adorney-Geneval, had exchanged some conversation on the subject. —(hen, has, and I laugh.) The Attorneypilionerel boasted then that he got a verdict. Hula C. Wetherell) waltliell him what be thought he get. He got a sound rap melte knuelthes..(eheas, and la ghter.) He did net Amn to say that the jay eve not propeara to follow the lesepsd gentleman in a.suniglitsthrweW libel mew; but this ease was meek for them.--(bess) . They said to the learned gentlemen —Am% talk to us with all these gallopedes. (aeon and laughter. We do not wish to go out to waltz with you (continued laughter.) Thiele sot a case St foes seat of law, and they concluded by deli. vetting the hawing memorable verdict r--" We find the defendants guilty of a libel on his Majesty, bet we do not find them guilty et • libel en his Majesty's ministers. We also beg to state it as our opinion that the article was written under feelings of very greet acitet ,ian weaned by the. unprecedensed 'Ostia of the time; lre, therefore, • mat enrossely beg to rettommead all the dohs. V the enacifsl consideration of the court." (Hear, hear.) if any lawyer would stand up, and say that this am etwainhts a verdict, be would lay to that man "good luck to " Most laughter.), Hs did net envy the gainer of such verdicts fir._ Alexander was not brought up to receive judgment en dot verdict, as veered; bow add he P The Jury thought be was to be excused on account of the agitation of the clines, and .well • they might think so; use he believed-no ass then hang sesollectal a time when the *hada was a vehement-and is ga r neraL There was a Prime Minister of the country on the est side declaim( that the bills foe the relief if the • Homan Cabala web necommy Is its salvation. On *tether Bide up rose the' Primate and aletropelinia Bishop ; and declared it would be its dank don. Then the Citantellor on she Woolsack was to be hard des delft tbet.the Mary must mend saisk-still if the bill was not .oseried 1. asd .an the ether side in. canton:eller followed him,. and /predicted the subs of the ementry if sit was granted. One part of the right reverend bench of bishops proOtaled the Over threw of the Preaseat .Consdattion ; another assured its of the addideoal securities to its . stability, which it was about to iv. 'siva . A Chief Jades of Ireland said the connection of Dig bed. with Ireland would .*.be • infallibly shaken if the Catholics were refused a _ parddp- mien in the rights of the legislatta, An Chia Justice was to be found, who oared us that would teed to the overthrow of 1111 Protestant Institudens. the right boo. gentleman, the tiortetaty of the Hon* Depart. Meet, and the leader, as he tailed himself, of thelatestant tnttrest, who, not mare than nine maths' before, had declared with greet la iemnity of tone and tanner, that there wmt so paribility of forming a cabinet unless under the principle of a division of opinion on the Catholic Question, was the that to come down-to cla hoar and de elate that that measure • would, .lb his opinion, no l onge r be re , shad ; while a noble viceroy and a great comma nder ,, whose log was capped off at Waterloo had the fetcher ill luck to tee the Ariceregal stool chopped from under him in Dublin.— (loud laughter, and chests. - ) AU these things were spiv teas of the agitation of the times—all the bonds of society alms loomed—all ancient institutions were overturned--all friend skip were affected. At the revolution of 1688, there had been no ail costae of feelings and opinioos At the settlements after that revolution there were no such divisions between man and man. At the clam of the American was—at the close of the French revolts. rtlonay war—in all times known in the history of the country, there never had been such a separation of private and public connections— lot persons and of opinions, Well, indeed. might the Jury say it was a time of unprecedented agitation when the libel was written. And was the editor of the Atonally trauma not to be permitted to pad cipate in that falift ? Why. could not the Attorney General and the prosecutor say that the purpose was to bent down she party with what' TAe Journal was connected, rather than those who held these eentiments ? Could they not bore done that without sending Alexander to Newgate ? In a time of the moat unexampled sgi tidos, .when there was $ collision of .opinion--a warmth of !an. guage—an angry feeling—a separation of connection which affected even those the least accustomed to take part in political discussioes• were they to demand of the kditor +of . The Joan& that he was to be silent and divested of feeling ? Was he whose duty it was to record the opinions of the public, 410 t to express the general eenS thrusts I , and when all was SIMIAN agitation, and dieeard; war be not to speak a single word, write a paragraph, or record ea earri- which might echo the opinions of those around him t ll stsaient he did so, and deported from the unnatural apathy I and coldness prescribed to him, and violated the bounds of daerunt which it was hl solitary duty to observe, than .he was visited. with this ill-S unjust, and -tyrannical ex-officio heal thou of his 'a Attorney- General. (Hear, bear.) H (Si, CitarkaW ) wasbound In the present case to say noth but that shish le ore unbiased judgment dictated,and. be rall_ could.net well easing this part of the subject by o b serv i ng th a t W he-hml been lathe agenda a the editor of Tie ifornia9 Jeered"? .at the.tinse, he *sold he might , have beat inclined to enunciatt sentiments ready the same which he placed in the pages of that. JournaL He - would. • take the liberty of reminding:thit House that he contended every man had the-power to say, with out being guilty of libel, that one part of the legialatum wag a one opiate, and the king ot any other pan of that legible- cure of another. (Hear, hear.) If it wore not so, they might be said to revive the practice of Tiberius, who made it s i to A, because eulogi 4e g e libel ls • was a reflection on 0; or, in other 'weeds, welds, were net to exaggerate one man's merits too highly, by . bibs, they dispossessed some other person of A part the -honour which would be due to him. He denied that such the law of England, and he repeated that they hid the dictum lard EUesborough that such was not the practice.ife now came to nest trial, and he really approached it with sonic apprehension. bed sow got an administration, whig or wry fie did not know panic said it was both—and as the dines req aired it, he •shead be surprised to .see them sood forth a new dictionary, as the guar diem of the political principles and minot morals of the ;4 hoped, if they did. so, that it would contain a copious . et phonon for the direction of Meg 'politicians ; and that iiel me tamed to the words imperious or ambitious, hswould Ands vefesmice a the isiel-whisit gook iplace before load Chief Jostle; Abbott, 7n Ill" where, im would mad the meaning of these worth full, =planed ; and therefore, • gentle reader, take we of yam; selL, (A bash.) He would now allude to the Magma* of the dew splonf, OM the amnesia which. attended it---atone; ides which beep Aware the appeaninee of a raresahow than the. militia .of • a •oseit tit law. (Hear.) • First then came. '..' espied ititteelksa the bench. to' prom the nature' 1 the.iibel. the Jostler ~ TosslsL Re. wok Mow* b y . eye Maas of. dui. wad efealitien iota Mfr damn Vanghtill•- Jimi.' 3ll l.arajw!th 494.0.010 *Mk," gender/Apo of fay's* in,* Whig mod.Tosi , adidolohooloo k __tho hut plena who was-sum, atoned to appeal woo 40 lend Melba, a hi g h Whig; and, kit I the babies should be rather too much affected by the weight of lidalmethip, they introduced, a his SIACIAMMICi that rank old Tory Lied Dekrey—(lsughta.) Now be did not know what the pl o d: phi of free trade, or the removal of the restrictions from the coin. meree of India could have had to do with the libels; but to add to this most singular mixture came next the Chairman of the Last India Company—(a laugh.) Then be did not understand Whit the cur. May, or the question of an extension of piper, and a restriction of each payments, might have to do with it, but there followed hint **sham= of die beak of England; and, although he did nit Maly see why, the precession was closed by the Cleriene Pa r . Mentasterstes. (Hear, bear, and continued laughter) . This was the kind of theatrical pomp with which a prosecution was hue. dosed; which in other and graver times would not have been eon. Mind memary, or called hod' much less of an attempt at effect. Vie mull oat make a mods* so this subject, not bring is a bill to =this gallery duodenal winkles (loud laughter) from being eed at such pima Id es such ocessions; but he walla take leave to press an °Olden that their presence might well have been spar e d. This was net a ease for a jury, but one calculated to mince a Mtge erect. He tame now to the third case; but beam he id the Nosed (a laugh), he would just mature to ay that he was sae of these who were Woad, by . • eilitattion OA the clumemslenese, to think that this most un. and repethendhle Mack upon the editor of The Morning was mime wed thelped—it watt merely a contrivance to hem down and beak the vanquished Protestant party in that house. "=11:12 ) Now pat le the third case, and upon the third he woul d Bret ants to a Mint which he thouot of horrt i tze: to With te di f i zes es whet tte the administration he f & pay which concealed Withholds. whether they wen out of hweas, or anang hs nsenthers. He did not mean to say that the Mph on the died was mass important than that on the first Imha 1 but the thiet wadd be hand to involve matter more and the k to mee% the p rivileges, i ll e i r i llie t ili r pentlen=pietheasst. The third case was a menu. den fee a hied at Mood ellimm—a kind 41417 (a laugh). He looked upon'this to be the most eldatienZle 'a . i tte third Ob. Sat of promenades involved an attack at the Ring's ittiebtere; en attack on palimony and it involved a principle of subverting the privileges of pallentem. He would lint penalise' and einem. pose that shangebetesermesne mass which omistituted the libel upon the King. . Let them who. heard Ma abet upon one point— that epos the seamd ehhough the publication was found to be a libel, the hod add, that if they were bound by law to find the dehallan pity, they meld asst h 4 raying that, with reference to the angessethased of the times, and the asenthelings thet th ee Weal Trout the country, they could not help reammending the pelmet to mercy. This ought to have been a leans to the AttanserGeneraL Such a hint from may quarter to an Attoeney.Gesmal exercising the functions of his adios against an individual ought to have been listened to; but coming from a jay, it ought to have been imperative upon bleu But. notwithstanding this, the third prosecution was persevered. in. Government must either avow or disavow the proceeditore of their law oaken, and he should therefore tress this as the prosecution of the Government carried on again st the Xhig's 'subject& The three indictments were at the suit of an ogles, wham- the Government bad • right to command as long uhe was kept by them in odic*. 'The attack upon the King was a repetition of the offence upon the indictment • fee which the. jury had thought themselves bound to recommend the party to the mercy of the court. What he condemned was, that after the Sete D 4 OCT bed declared that the publication was no libel upon the government, sad that so far as it was a libel upon= it was a di abject Jr mercy, that the Attorney -Osneral . He told the Attorney-General, in language as strong es language could be made, that the prosecutions. ought not to have been Mei. tuted: A,preseeution in which the jury says, by law we must find the defendant why. bet yet we think that no judgment ought to be missed on the individuals, ought not to have been renewed. But yet ,the Attorney-General .ment on to try the third case, which was substantially the same as thee:cond. Upon this second case the Jury were absent from the box three hours. (hear.) So evident , was the impression made upon all rums by the strong impropriety ;of the peasant" that the , Lord Chia . ..Justice, told Tenterden. ; said. "Mr. Attorney, what do you mean to do ?” Now, he (Sir ' C. Wetherell) did not mean to say that this was the case (a laugh); -but it was . very much like it (a lough}, It was not identical ; but west he alluded to was well homy pad it was * kind of lace pe. *Newlin-.-a sort of opportunity in chick his Majesty's Attorney. Geporal might turn round—a period in which a man might say, " Why this, Won't do (loud Isughta), as it wW do. But the next me was called on. What, . then, was the next sass ? .As far as • knew, it was merely the repetition of the same matter, upon Ida one experiment of a pro. gesnihge .had; been tried. lie would rake the liberly of that when the Chief Justice said." What, Mr. Ahem,- .do you meaato do?'...—the Attorney-General, instead of . . , ought sa,hosito haye put bb brief in hie beg, and to tll " I p eeneAder of it pill the eisuet sits , the next morn. ",_l)ut inetaid oc Oh, the third information yap called on, a that the jury proommeed verdict. This verdict was not scam pada by the rettommeodstion to mercy which had accompanied tprettl hut h wee sti l l unprecedented, that when an Atter , had get only such AIM*, accompanies by a re. stegypollpti tt on to mercy, he *mould mooed to try the same, or ehalt naer, in a second infonnation.—This was taking the crof verdicts; and, if one failed, &nether ,was to be tried a w not t ( .. a_thula this was was not the !sw an asthaen power,instru thoent end the puns of government to bear against an indivi. .417-..-P this was not spier beyond the spirit of the titnea—if .thle yea pot perient*the equity of once, end violating Its dean. ties, he knew not what was. lie had done all this in breach of that mercy and forbearaneypnti impartiality which on former occasions .had elarsetalsed atteeneysienenth If he erroneously complained Of the grats Nut*, e I' the . manifest indecency and want of all proper faling in these paceedings, he was liable to be attacked by shoes who differed from him ; but till he heard such reprobation, till that was done, he should evildoer ; and when that was done, he should still retain his own opioions. It Mr. Alexander was eon. !rifted at the third libel, th e Jury haring recommended like to mercy, or virtually sequined ..him on the mood, Ira it 'possible th at the um could beam to Newgete It The man ought not to have been vanished on the second information, and the attorney-general did not dare to bring him tip foe judgment upon It, well knowing that the resemtnentlation a the jury must have been operative on the court. He had stated in the. course of the diet:union, that he should be able to treat the subject without stating any thing in language disa greeable to the feelings, either political or in a gentlemanly point of view, of any individual who heard him. This libel was an at. tack upon the right honourable secretary, and the right honourable gentleman was a considerable party in that line of polities which the Journal advocated. He had said, however, that he would Lot allude personally to anybody in the discussion, and therefore. in. stead of the right hon. gent. he would merely say the right hon. Mr. A. He would not say the right hon. lit. P. for then every body might guess whom he UMllint. (Laughter.) All that the libel had raid was that this right honourable Mr. A. had been seen to smile at the detail of distresses in that house. If this smiling at petitions or eratements of distress in that house were to be made the subject of Übels, he fearqd that the Attorney-Gene ral would have occasion to Sle,inferentions against the noble lord who moved the address', and against the noble krd who secooded, and.against the Wry aidetrart or city member, at least. 'hailed Aimed it, and a lost the nett ben. minister Chit had spoken fourthly', jet' they had all treated the sratemente of. duress not only with smiles,_ but with cheers and sneers ; and was their ensiling and sneering to go to a jury as criminally involving a contempt to the suthohigs of the people—the fact having impunity, and the rePreeentation of the fact pending • man to. \ togate ? Redid not meanie lay, thattf any friend of the right hon. Mr. A. had thosight tit to come down to parliament holding The Jowled in hie hand. and required lir. Alexander to be eonvenid to the bay thathe nould not have a right to du so, not that the house might not have taken up the ease, and reprehended Mr. Aimander with that impartiality and spirit and mercy to which they areacustontedi but this y totally a differeot moral , of proceeding. He would not deliver in that house a syliebk of that passage which constituted the matter of _ibis libel...hut this lead taken place on the loth of June, and the pause did not the until .the :14:11 of June. In this interval aa, week no business had been done. Indeed the house had done very little business atter the Catholic tut had passed, and yet in that interval no .tgol• plaint had been mole of the libel to the house. The Attorney (lateral hal no right to take the came into. hie own hands, and out of the , pewee of the house.. The right boo. gentleman (Mr. A.)had been attacked (or sneering, and he should like to know whemsdhats *ions were carried op in that house so gravely as to be without Miles at snaps. The right honourable gentleman. might ha ve convened Mr. Ali:ender to the bar. No such step hod been taken. And then the question Fay had ,the Attar ey titan', or had lie not ' a right to file esiffieso informatinte.againet libels era the mentbets of thai house. If he had that right, hoes art ditheult .„. to teU which side o( the bourne he would defend.—,(theles.) One .side would be always well protected, whist there mild be an he punk, in attacking the other. He would say thee the Atteamptie. nail had nosier* right. fie would genie toe met *edam would Wolin& that before the intanehmeot of Lord Melville there was a Comminion of.navilintpwry, and mantramerted that, the report of 4 1 e Weetedeettelas. fameel taqutry had tesposhted a libel ageism Lord Ololyille. ;In this . the aline of agora, ca ll ed, rao Oral *. 111 4, led6ola . .Li . urn, the . choose of that hate Lad UM, brn.w.t.the 410. ‘vi , des considewise of psdiesseau ma :2 bete dostimise. : Melt yams epee U. lit. l o t s s melt that .she tediteeht to4tweallal. se. tbs. him VC • ~, • rql•tfiali .thee drat rearnefip hs. PiaboNitt r•II r, Tpx Aid spl4 the ileees of tblmeeses esshi at to up its.priviltiges to 1 court if litrl-Osesr.They - *slit is up its domestic privileges, he pain dim - Mr. Fox t . ,•~ Vic-.