Star. — London, England, 1803-02-22 00:00:00

LAW INTELLIGENCE. courlT or KING', BENCH, FEB_ It. johs PELIIER. At nine o'clock the Com t Was thronged, as w e l: as the sieellll , :, to it, excited by an eager citriMity to hear this trial : the names oC the Special jut m s upon the returned bit bcing called, 12 01 d ie m appeared out of the 2.1., vie.— Bainbridge Samuel Farrington Mark tarrott J. I'. Dawfon Johu II of b,s (;...nr,:e Young With W. Worm! John Newton \V. Doc, Peters John R...hilus. Aissorz opened the cafe for the profecu tion. He flitted, that this was an informat on filed by hi, Niajelle's Attorney General againll the Defendant, John Peltier, letting forth the time ofi publication by him of a (editions libel againil Ci • tizen Napoleon Bonaparte, Fit It Conful and Chief Magifirate of the French Republic, tending to bring him into contempt with the inhabitants of, this realm, and to excite and provoke the fubjeets of the Republic to deprive him of the Confolar 1 Office, and kill him, and alfo to defiroy the relit . Cons of amity and friendfhip fubflaing between I the Republic and this country which libel was! publithed on the t6th day of Atignll, in the 4zd year of his Nlajefly's reign. Here the Learned Countel read the tranflation of the palrages, ex-1 tra front the firfl number of the Ambigu, which I were laid in the indielment as libellous. The in formation, likewife, he dated, contained another 1 count, for a libel tending to excite the citizens of; France to affitffinate their Firil Magittrate. The tranflation of the palTages laid to be libellous in ; this count, were alfo read. The libel was contained in an Ode, fuppofed to be written by Chenier. The fubje& was the for tunes of Bonaparte : we here infert the moll ob• noxious paffages, and on which the piofecution was chiefly founded:— . De la France, b honte eterndle, " Ca.,r,au bord du Rubicon, " A contre lui, dam Lt querelle. I.e Senat, Rompie et Caton; Et.dans les plalr.i.s de Pharfale s • " Si la fortune eft inegale " S'il to Taut ceder aux dekin. • " Rome, dans a revers funeft e, Pour to Tenger, au mains it rale " Un poignard aim dalliers Romaine." TaANTSLATiox.— .. Oh eternal difgmce of France,! Cs " far, on the bank of the Rubicon, has againit him, in his " quarrel, the Senate. Pompey, and Cato; and in the plains " of Pharfalia, if fortune is unequal—if you mull yield to the deftinies, Rome in this fad reverfe, at leaft, Mare remains " to avenge you a poignard among the Lilt Romani." " Pour moi. loin qu'a fon fort je porte quelqu'envie, " , n n , ime, j'y content, fon dignclurecrair, Sur le payola porti, qU'On rclifeeseprear/ " Enfin, ct Romulus nous rappelle la thole, Jr fim vceu—des demain qu'il ait l'apothenfe." TIANSLATION.-.." As for me, f r from envying his lot,let • him name, I content to it, his worthy fueceffor. Carried on " the fhield, let him be &died Emperor ! Finally (and Ro l' mulm recalls the thing to mind), I watt that on the morrow it be may have ibis apotheoGs. Ames.' There was alt . () a long fpeech in the fecond num ber, fuppofed to be a fpeech of Lepidus to the Romans, applied to Bonaparte and modern events in which the author advifes then: to chufe Camille their Didator, and to atterept a recovery of their liberties. The ATTORNIY Gstileat. then addreired the Jury in nearly the following words: " Gentler - of the You are sow, by the to influenc... his management c.f the defence, he will abitain from that courie which may exafperate jul. lice, without ler% iug the caufe of his client. Dif cietion alone moil. guard again(' that. What is it brings me here in tl.c dircharge of a public duty ? —I profecule this 1;bel becaufe it endangers the traagailizy of this coLo:try. When the quedion (hall an for conr.derati - nr of the punithment, I appeal to my Learned Friends, if I 'horrid not ill dirdiarge my duty to the public, to the honour and charafler of the law, if I (hould not earnellly prek the confederation, that proceedings, which had Leen made the vehicle of defamation and dan der, fhoald not efcape in a Br itith Court with im punity. The difappoimment of curiolity is no part of the brit - ureic. The prefent profecution is to fa tisfy judiee, and to fee that the law be not dilap pointed. 'Without previoufly troubling you with Rating what the prolecution is, I (hall 'tate to you what it is not. It is not a work containing an im p•artial account of the tranfaftions of any given period ; it is not of an hillorical narration of events in a neighbouring country, accompanied with phi lofophical reflthions on their caufes and conic quences ; it is not of a publication whole author, even approaching to licentioulnefs, had dealt in fimple defamation in any particular inflance.— But the cafe which the prelim prorecution brings to notice, was conceived originally in libel and in defamation. Defamation is. its bat objeft.—lts further °Ned is to excite the firbjeas of the .firil magiftrate of the French Republic, at peace with this country, to deprive him of his authority, and to affaffinate him. It was publithed with inten tion of traducing and defaming Napoleon Bona parte, Firit Conful of France, and of exciting the hatred of the fubjerch of this country and of his own ar,aina him. It tended to excite affaffins again!" Li. life, and to diflurb the peace exiqing between the Republic and this country. Such is the ten dency by which it is charaeler Red and was publi(h ed. Gentlemen, I (hail now fay a few words on the fubjeft of law : I do not feel myfelf called upon to define to what extent the fubjeas of one coun try may carry their obfervations or kik:tures on the adminiftration cf affairs in another. But I have no difficulty in afferting, that a publication like the prelent, tending to embroil the tranquility of na tions, and encouraging the affrifination of one who is de . 1;0*, Firk Magillrate of Fr- -- is not mor facto, _ ' gilt. ie . ._ oppofite to the feeling, and fentiments of Eng men, than it is libellous and illegal. The fair detail of hillory, the impartial recital of events, the unprejudiced account of tranfadions, not ren dered the vehicle of defamation, is not the fubjed of information. Defamation coniii totes the %%hole of this publication, and I am confident that no lawyer will maiatain that it is not an offence of the deepen die, and meriting the feverefl repre henfion. It is not poffible that there can be any difficulty in fupporting the propofition, that fuch an offence agtinfl the laws of the country ought to be feverely punifhed. The profecution is not unprecedented. Inflances of the fame kind occur in the hillory of the country.—l (hall cite you two: Lord George Gordon was pro. fecuted for a libel againa the (Ilfeen of France.— J. Viret was accufed and convided of a libel 4gainfl the Emperor of Ruffia, though defended by my Hon. Friend not now prefent ; yet the libel with which he was charged, was not marked by any fuch foul and hideous features, as the fuhjed of the prefent profecution. It [fated only. " that :men, .4 jury—. _ indiament that has been read, put dillinaly, open- the Emperor was renderinKhimfelf obnoxious to ly, and fully, in polleffion of every information on his fubjeds, and ridiculous in the eyes of Europe; the fubjea on which you have been brought here that he had lately paired an edia, prohibiting the to decide. The cafe is Pimple, and the queilion, exportation of timber, dec. in conrequence of which in my mind, by no means difficult to be tried. It one hundred vette!: returned to this country with will be for you to examine, whether or not the de- out a freight." This had no tendency to excite fendant be the author of thefe publications, and rebellion, to provoke affaffination, or to interrupt whether or not the profecution be rightly brought the relations of amity fuhfißing between the two forward before a Britifis Jury, and in a Britifh countries. Yet, being charged as traducing his Court of Jullice? It is impoffible not to know, that Imperial Majefly, and creating danger, the publi. confiderable intereft and curiofity are attached to cation was found libellous, and the author con this trial ; and when I call my eye about the villa. If you find then, that upon that principle Court, and obferve an attendance fo different from and this authority, that crime was punillied by a what ufually graces trials in Courts of Juflice, I Britifb Court of Jullice, it will only be neceffary feel that fuch motives mull have operated in amore for me to call your attention to the libel that is than ordinary degree. Many, no doubt, have been the fubjeft of the prefent profecution. It is not curious to hear the obfervations that may fall from immaterial to oblerve, that two of thole charged me, in condating the prefent profecution. Yet are in the fira number of the ifinbigu. And here forry as I fhouldbe to difappoint fuch an affembly, it may not be amifs to recommend to your notice the comic, which duty and inclination point out to the frontifpiece of this work. It bears a Sphynx, me, will not be likely to gratify fuch expeaation. as you may perceive, with a variety of enigmati. This duty and inclination confine me to the dry and cal Egyptian figures, of which it would neither be dull trial of the intention, fur the law will el:ter. eafy nor of conrequence to dircover the meaning. mine by what mites place in Court, by reafon, by There is one circumftance, however, which is de jullice, whether a publication of this kind can be cifive of the objeft of the publication. The face defended as innocent, or tolerated as inoffenfive, of the animal refembles that of the mints which In difculling thefe queftions, fo notorious and fo are publicly known in this country to be intended recent, there can neither be much ;nitration nor as likeneffes of Bonaparte. Having never feen the amurement ; and if any one could fuppofe that on Firlt Conful. I cannot pofitively affirm that it is a this, or any other occalion, I fhould derogate from !ac /'mile of his countenance ; but, as it bears a the dignity of my public duty, or ffirink from the ariking refernblance-to the prints that are (Aid to faithful dirchar&c of it, he will he difappointed.— be like him ; this circundlance, coupled with the Though no perion can entertain a higher opinion matter of the publication, can leave little room to than Ido of the abilities and acquirements of the doubt, that its obit& was to defame, and render learned gentleman who is to lead the derelict ; thu' I him vile in the eyes of the world in general. Two no petron be more unafraledly convinced of his numbers, the firit and third of the Ambigu, are fplendid talents, his btilliAnt imagination, his cul- I fubje,!ls of profecution. I than aired your atter,- tivated mind, and his enlik:.:irened realon ; yet I tion firit to the matter of the third. The title of doubt if even he can satisfy much curiotity on this it is an harangue of Lepidus againfl Sylla, origi occallon. The points to he ctsn'idered are, whe. nally Latin, but tranflatedand altered fo as to rem ther the defendant be the author of the publication der it applicable in all the circumflanees to Bona or not? What was the intention of publilbilig F— I p.trte. It begins with !facing, that from the mild \\liar is thr legal CiElninet of guilt or innocence Icharafter of ills countrymen, the writer would belongito , to it? There quell ions are the on!) rind much difficulty ; that he was fearful they points at ifitte between us, and tintfe will afford no would be more inclined to obey the fentiment opportunity of difpl.tyiog the powers of imagina. that reconciled them to tranquillity, than that tion and reafoning, to excite interea, or gr.,tit) which would lead them to .revenge. Here the cutiolity ; fsr I cannot Ming mylell to Peppole Learned Attorney Rated, that as he had, to trait tih: Learned Gentleman siould fo tar adopt I lave itimfell the pain of going through the whole tiie f r it it of the ti: ) e), a s to rrake hi. derelict a re libel, procured a Learncd I•riend to read it P•• ' inn of d.: flanderons matter it contains ; i through, lie would not fallow him, but obferve ribi!her can p• rfaaded, that he could havt been i upon the material puts as lie proceeded. This irolrtnrt-td by hi. client, to Court kr the libel alferts, that they had in vain maintained a piirp , • procecla•;:v here a Yelliclefor glorious corned agaiml Aultria, ItufEa, and the . .••• the wi,ler mina:ion of th: I. If Such were i Pow:ls of Europ e , if Ebtrtits writ to be fa hi • iiLlniros, 'it wind !have a vv.le and abundant , crificed to the Cot liCall. It noes on—n and now field to ti • ,11' ti e ertr.A.rdisiatv and the t ger dares to ca:l himfelf the rounder and re evelit'Ul t.;9 t. that :ire•fe not t iic y gera_rator of France, poffittlinfr, himfelf or the fruit ; 111 C pr.f tf, v. vu .lair 1.1 . 0(111ri, as of a fp. 11 t ,Len in War. There sr.:,ment is m , 'I . Vc! it IV t c . been list: of profcript;on,baniffirnent without Owl Abut t:l,..try %vs: e trial, by which, ram clatidrcn uul.ura are °ppd.- fed. It excites them to rife, to march, to regainl their liberty, and leek reveup,e. Bohaparte has; no longer any object of ambition but fecurity. Hisl Mamelukes having no contact with the army, tior fpeaking the language of France, are ready to ad as mutes, cutthroats, and hangmen. Every thing, juflice, the law, the finances, I: in the poileflion of the Defpot. It then calls upon them to avenge their wrongs or perifh with glory. ',' Alter having read thele pall - ages, the Learned Attorney called the attention of the Jury to the two libels contain ed in the fit ft number of the Anshigu.—The libel, lous matter was there contained in an Ode, or Poetical Compolition. It lets out with reprefent titia was but a vague alb, fin to B .nr,T.arte. The ATTORNEY GENERAL atlerted tha there were it L. (tidos contained :n the libel, which were already proved, and which could be proved by - use coo ' text aad by the remainder of the pad...; , !, of xhi c !, this was one. Allution adraiitzelpreg Letitia to be the an , tal mutlie.r '4 the (By Mr. NElNrosti). I.' ilpr,therp in the tratillation that has been lead i.; rendered his an , .. theofis ; is that the craft meaning of the c x0te,1,1,, a as it Rands in the French original ?—A. 'means his apotheoti, or the apotheofis. la this inflance, I fhould think it means hi, apotheofic. Q . ._ What yon may think on it is matter of opi nion which I do not want horn you ; till matters of opinion in there cafes are for the Jury ; I wane a direa.anfwer, whether the artic.e in the c;przf fion I have mentioned is to be underflood by or thf, as for example ; a Papotheofe partni les Itta::,thi s etait ant preuve d'une adulation Ire, safP P—A. In this cafe it means fimply an apotheolis. The trandation before the Court is dill faithful. _ ing all nature agitated by a dreadful tempefl, and the elements themiel yes confounded. It then avows an expeaatinn, that the Heavens were at length determined to avenge the ambitions attempt of a foldicr. Having made the exclamation, " 0 ton vain hope of vengeance! "it reprefents the Heavens as blind or cruel, declaring, that " whatever ra vages the thunder may commit, it always fpares tyrants, which remark it illuitrates, by the deflruc tinny of merchants' vefiels, whin} the Corfican's Bark, bearing the fortune and defigns of Cxfar, efcapes." This appeared an evident allufion to the Roman Republic, in which Cmfar had found l'ompey, Cato, and the Senate, againft him. The libel then proceeds, " But oh eternal difgrace, after the virfory of Pharfalia there (till remained a poniard among the laft of the Romans !" Its this bortibaflic rhapfody the Learned Gentleman con tended, that no other view could be dilcovered than that of holding out an example of affaffina tion. The fecond part contains the with or prayer of a good patriot. This with defer ibes the fortune of Bonaparte, from his leaving Corfica, follows him flying from victory to viaory in Italy, in Egypt, then back to France, where he overthrows the five tyrants, is chofen Conful, makes and unmakes Kings, dictates peace, has crowned heads at his feet. Far from envying his lot, it withes him a foccelTor, and that he may have his Apo theofts to-morrow. This is an allufion to the fate of Romulus, who was affallinated, and afterwards deified to extinguifh the infamy of his murderers. Upon what principle, I will ark, faid the Attorney General, are thefe examples of aflaffination re called, if not for the purpofe of exciting the fub jeas of that Chief Magifirate to rebellion and af failination ? Let me not be told that lam an enemy to the Englith pref . 's, when I profeeme the abaft of it ; a licentioufnefs, that would bring it into difcredit, infamy, and difgrace. I will put to your breath, whether inch a publication would conflitute a crime in this country ; a publication fit bale, fn difgraceful, that even in a time of war I fhould not hefitate to pronounce it unjuflifiable? We were then, and are happily now at peace, and the conduit, that a ante of war cannot fanaion, mull be criminal in a high degree, in peace. Let me not be told of eh:wafter. The Firlt Magifirate of a great nation, no matter whether defeended from a long line of royal anceflors, or lately railed from the aby is of obfcurity, is entitled to refped, and fhould be treated with decorum. We may be told, Gentlemen, of abu five articles in the Msmitear; I am not here to vindicate the eondua or the pub. licatior.s of the French Government, or its journa. lifts. If there be any feelings in another country, that can reconcilefuch vile calumnies,let them have the benefit, but let us not have the difgraee." The fira witnefs called in fupport of the prole. cution was Joha Gage, who being fworn and e mined by the ATTORMRY•GINERAL, Pays he is a Meffenger, bought the two numbers of the /Mk s', laid in the indiament as libellous, at Mr.Debuffec, one, the fill on the 16111 of Anvil t 802,the other, the third, on the 26th of fame month ; identified the numbers by his own hand writing, with which he had marked them at the time of t uying them. The SOLICITOR GENtR•L defired, that his Ma• jelly's Proclamations of the 22d of March and 26th of April tBo2, on the fignin :he definitive treaty and exchange of the Ratifications, Ihould be read, to prove that Bonaparte was then, and continued ' to bc, Chief Conful and Firft Magifirate of the French Republic, which was waved, in conk. quence of the admitfion of the fait on the part of , the Counfel for the defence. ;1 Jofeph Deboffe Tworn, and examined by Mr. GARRUW—is a bookfel!er, deals much in Frer•.ch publications; imports French books into this coon try—priblilhes books here for exportation, when he receives orders—is acquainted with John Pel tier—admitted that the woe k in his hand was the Ambigu—Mr. Peltier ordered him to difpofe of that work. Mr. M.ltirosir here objeaed to any quell lion tending to criminate the witnefs. Mr. Gat. aow obferved, that he could not be materially al reefed by the queflions he fhould put to him, as he had differed judgment to go by default. The examination then proceeded—J. Peltier did not tell witnefs he was the author—no other tranfac lions paired between them, than as may pafs be tween him and any common publifher—did ac count with Mr. Peltier for fume cf thefe T Mr.M'lrri (Ism again objet led to filch quedions ; when Lnrd E LLLLL OROVGH obferved, that it was the Jades duty to take care that no imprnrer queflions were put ; the witnefs was now in his hands, and Counfel ought not to interLre."— Witnefs 'aid lie had received all the copies through the medium of Mr. Peltier's binders—talked with Mr. Peltier, who taw many copies of the wink 1, in g in his thop—all the copies he fold were for the account of Mr. Peltier. Charles Itivington Broughton fworn—ls inti mately a..quaisitcd with the French language; has feen tranil read in Court; tlAinks it very core tranfl.rinn. Mr. lqAClsTnst4, willing to accommodate the Cntnt, inopoted to admit the cor:eancli of the text, arJ ftre the time that would be ta':ea up in t eathm; it. Lot d ELI f h ROUGH—" We will not takeyour admiffion too broadly, Mr. M•larosu ; if you have any ~l,f 2re.c.ions to mike, now would be the belt tine to rn 4'ke them." _ ..... Mr. :4' I On consideration, my Lord, ive di m t c ourrelvei at liberty to m ike of fir much imp.irt.ince." The !it: el was then read by Mr. Broughton. The Cvur.i.:lfi. , r :at 4.l‘ . .cuce oblirvcd th at Sou vi MT. FERGUSON—SeveraI expreffions have been ctplain:d by you now in a different manner from that in which they are rendered in the tranflation before the Court. Lord r.LL NBOROUd —" If you have reafon to fufpeel the fidelity of the tranflation, call witncffes to prove it utfa:thful. Though ibis or that par. Ocular word may not be rendered with critical jui. tice, yet if the context is adhered to, the tratula. eon before the Court cannot be impeached. . _ . Witnefs—.. The context is clofcly adhered to, though pollibly there may be a flight variation between the interpretation 1 give here, and that in the tranilation before the Court." Mr. MACKINTOSH—" My Load, the witnefs (peaks to the context from conaruaion. This is matter of opinico, not of evidence." Witndfs—" The tranilation is faithful, aqd. in anfwer to the quettion or ohjeaion Pow (failed, have only to call to the recolleCtion of the Court, that the exprefGon, i/ aca la tar Irani-het, means, he had his head cut off." Mr. FiRG usow curled the witnefs to read (eve ral other parts of the profpeelus, and the three papers cf P../rnkre - before the Court, for the ;Ai.- pole of (hewing that this publication was defigned to be a review or Mallon of the molt interettirl French pieces of the day, a kind of piastre of u hat was palling, rather than a eenfure of the meafures of the French Government, or a vehicle of severity againft the ruling faflion in France, like the for mer writings of the author. The prolpeflus cen. tains a proteilion of intenticn to (peak with mode ration, not in praile of Bonaparte, of his Co Con fuls, of the Concordat, and, above all, of the projeas attiibuted to the Chief Conful againft the tranquillity and independence of Europe but dates, that the author, conceiviag it impollible, that all the fanions of Rnyalifl., Jacobins, tkc. that have hitherto agitated France, with a view to the accomplifhment of their various objees, can agree in the eredion and fupport of the new throne ; having, in fan, authentic information that they did not agree, and having in his podef: lion a number of pieces of their writing, which go to Phew that they do not, he takes occafron, for the amufement of his readers, to copy thole pieces into his publication. Fird, he gives an ode, at. trabuted to Chenier, or Ginguenet ; next fours verfes, entitled Vast d'aa Boa Patrick, as t 4 yrridd; or, the With of a good Patriot on the reth July; a fuppofed fpeech of Lepidus, againfl the Ditikator Sylla, accommodated to the prefent dated' affairs in France, dated to have been placed among the papers of Camille Jourdan, by one of the agents of Fouche, to afford a pretext for the arreft of that 'gentleman ; and another article. dated to be the compofition of a Dutch Patriot of 1789. for whore deteaion fufficient information is promifed, when Fouchc flail have completed his police ellablifh. merit in Leicelter.fquare.—A beautiful poetical tranflation of part of the ode being proved by the witnefs for the profecution to be faithful, was read to the Court, and mad: a great impreffion. 6 After a few further verbal exceptions, the gene ral fidelity of the tranflation was allowed by the Counfel for the defence, and the cafe of the pro lecution was relied here. Mr. MACK I N T 0314.-.—" Gentlemen of the Jury, the moment is now arrived in which I am called upon to fubmit to you the defence againft the charge which, you have heard opened by the Connfel fcr the profecution, and fupported by the evidence juit doled. My Hon. Ft iend, the Attorney General, has been ?leafed to (peak of me in a !tile of pane gyric which, I am fere, mull be alcribed rather to the civility and politenefs of his difpofition than to any dcferts of mine. So fir, however, he has done me jultice, and no more than juliice in he lieving that aAing here in Come fort as a mihifler in the difpenfation of law, that dilcharging the funetions of an advocate, I 271 incapable of lend ing myfelf to the pailions of any defendant, and of rendering the proceedings of this Court the infirm ment of extending the circulation and aggravating the malignity of the offence on which it is to de cide. My Learned Friend may be allured that whatever tonics I (hall urge in defence of my client, he will find them free from fuch a reproach. I troll that, whatever the law refpcAs will be re fpoled by me. In ft:caking of events in which the liberty, the happinefs, the fortunes, the HIM. of great bodies of men have been involved, the feelings are exciter], and we sac naturally moved to pity or indignation ; but I hope that, however ' my own feelings may he rot:fed on this occafion, I lhall be able to keep them within due contrail, and to be filent, unlefs truth, and duty, and prin ciple, require me to (peak out. I am aware, indeed, that I 111.111 It and iii need of all the inehOgence of this Court. The d-fcncc of the gentleman whole cafe I am now to Iry before you. is furl-minded with many invidious foljeAs, the d:rcoMon of which, confrious of the magnitude of the :a& and 'of my own feeblenefs, I lhould .ant have courted, but from which,in the difeharge of dietrul repofel in me, I hill net fl.ritik. Hes el hand to conduet the defence of an innocent man, and here I mull avail myfclf of every fair topic, in order to de nronfirate his innocence to his Judges. Aging 041 ht lc pi ilicirles. I know the eliar.ofter rif an Eng: Lib COW t too w,li to flippol: that the io.eicas