The National Register. — London, England, 1814-05-29 00:00:00

35e) MR. 11ONTA GUR BURGOYNE. In putting any thing in. the dace of a Political Disquisi tion headed with the n:ltne of the person above mentioned, it may seem we me singularly anxi;ms to bespeak contempt• We hoPe.it will not be supposed,--we do not mean by Mr'. Burgoyne--(for whit he may think we care nothing)—but by the public, *that we consider this indiyithial - himself of any insportance. We are ready to (10 justireteihisinsignitiFance, init we cannot l the late tii.il iii , which lie was concerned pass away' withont.offering a few reflections on th'e profes sions, avowed principles, and conduct of the faction to which Iztt. Burgoyne Ist:longs, and of which we will add (the party 11W prosecute us for the libel if they please), he is po un sywil)' tnember. y • t. every general election, thise who seek popularity , en .. • v to curry favour with the rabble who ramtat read, by caning tbenrselves advocates for the liberty of the press. If at such a time any unfortunate individual should happen to be incarcy';,ted in a clung-on," (this is the spoutes phrase for' iw . nk,on for having in the plenitude of his simplicity been betrayed into the cominksi , m . of sonr.! such venial of fence as blasphemy or :;edition, it is surprising what a spur it 0, to their eloi):ience. • The suff,n - ings of such martyrs are most patliericaqv lamen'ed, and all the mob are excited to rail against Atto'nev•Generals r.r-ipio informations. When rubl'cAti . (nls that ;ye merclv irtended to-subvert the rstablished church, overthrow the cxit.ting• government, are punished, we arc then told Oaf the fairest :lower of 116 ish liberty is for ever blasted, and tha. " the Bill of Riglrts," " Magna Charta," and the sta'ute " dc Tailagio non ennodendo" have become nei her more nor less than %caste paper. . But when the gentry who -regale us with these delectable harangues are,tltemselvcs attacked, it is curious to obscrve holy Instinctively they exert themselves to and some excuse for seeking legal redress. Among the wise ordinations of providence we sec and admire in the animal system., the energy and intellect with which some creatures appear sud deml!f endowed, where-these qualities a-c wanted. The dull timid hen, no sooner perceives her helpless brood about her, than she displays cunning and sagacity to provide for them, and courage to attack even the lords of creation, in de fence of her young. Jn a similar way those animals called Ileformers. who for years contended that truth was no libel, and that the press ought to enjoy unrestrained liberty, are in an instant, on being themselves assailed by it, endowed with that dis-riminating power, which can discover that the free doYn of the press is one thing—its licentidusness another. Then 66 away to heaven respective lenity," and Hallett the Berk attire dog shooter, Lovell the Newgate subscription beggar, ATE. Montague Burgoyne, , and others entitled to equally high consideration, come forward as prosecutors. The libel for: which Mr. Kelham is sent to prison was con tained in a hand-bill circulated at the time of an election. Mr. Burgoyne Swears he did not'sce it till after the election, but as he admitSa paragraph on the same .paper, to be an election squib, we persome he has sufficientintellect to un derstand both articles must have been published at the same Aline, and we can hardly suppose his definition of election MAY !9. . . wit, to be—that which is' p s ublished when nd electitin is going . on. Here then we may almost asstitnebilidiiiiti it to have -been published at the time of an election.---Novi lee theivnild prepare to reverence a display of sensibility which has 'never been exceeded since "Times first morn"---A reformer, oho of thelciudest advocates for the freedom of the press, prose cutes the printer of a hand-hill, which appears to live been printed in the heat of an election; for a burlesque on ti% ' beg Oars ststision, ,in which he was not named ; in. which he • n •••. was not 'eve indreated by ! ! To be sure in the paragraph which followed a Mr. 11******* was mentioned; and this, - it was Said, proved the averments in the poetry to apply to Mr. Burgoynei—a mice question might have been raised on this point. Assuthing that Mr. IV':** 4 .' . in the paragraph, meant Mr. Burgoyne, as " a Wag" was also mentioned in it, why might not some Essex wit have taken it for granted that the verses di rected against him ? We dare say there are many persons in Essex who have been mere offensive to theirniiiighbours than the extent of Mr.Borgoyne's capacity could possilsfy m a k e him. Many Mr. B's. have been "trche fried," yet this was al, that made even the paragraph apply to him, For an indiyi l dual to be twice tried is neither very extraordinary nor ne cessarily disgracefnl. Why then should a man unconscious of the infamy imputed to some one, in a reietical trifle, sup pose the averments in the parody to have any thing to do with him. We do not understand this, thou4ll on the subject of the :ibel being atrociously false, and of Mr. Burgoyne being pct feeily innocent we have res doubt. But whets Mr. Burgoyne had resolved to prosecute, what course did he take? A high-minded reformer, a friend to the liberty of the press—a patriot, who maintained the doc trine that truth ought not to be considered a libel—might have been expected to prefer that which would leave the Pefendarrt every opportunity of defending himself, by prov inw what he had published to be true, if he could. Who would have instilled that such a person would . place the party prosecuted in a situation, where proving the truth of every part of the publication could Ire of no avail ? Had we been told this before the proceedings commenced, we should have indignantly replied—" No ; Mr. Burgoyne will leave such meanness to those who feel, that, on a prosecution for . damages, a jury must be of opinion that one far thing would give ample compensation . for any injury that could possibly be sustained by their fame. If on a trial for damages, a verdict even of forty shillings be necessary to carry costs, we should have thought patriotism could not have sunk so low in general estimation s out it would stilt fetch suclea sum. A patriot alone might have calculated upon this. What then might not a man hope for, who, to the prifession of a patriot, might add a list of •et celerat almost as long as that of Caleb 240 tent, and almost as envia ble ; such as tt twice tried, honourably acquitted, twice reprimanded. Colonel," are. &c, Mr. Burgoyne, doubtless for wise reaming, (though his wisdom is tolerably well. hid from .vulgar eyes) detirMined on proceodini . by indictinent, and then came a delightful bit of stage trick. .The Court were told, that though to prove the truth of the averments in the parodt would 10 THE NATIONAL R.F.CaSTEIt. .4 .•