The National Register. — London, England, 1820-03-26 00:00:00

40' I toe (Continued from page 97.) power of filing ex-officio I,l!otivatiOlis had never been exercised but in one Illbt.IIlCC. If indeed it were pos sible to defend the ex3letice of such a power, it must Ise whilst intrusted to thediscretion of such men as Sir Samuel %mildly . . The caseseleeted (or proseution was that of a writer in the " Morning Post; who had pub lished a statement when a military force was about to sail on a foreign expedition, declaring that the vessels nt which the soldiers were to be embarked were not sea-won ky. It was nut easy to imagine anything more mischievous or more likely to produce mutiny, and if talse, more deserving of repmbation than such a state ment. The colitequences might have been most serious, and it was eir,r.:ed in the information, that the !Witter so published was altogether untrue. Had it been other wise, he for one should have thought the writer deserv ing of thanks and ap;orohation, rather than a criminal prosecution. Bofore the case came on fur trial, the ministers were dismissed front office, the writer with drew his pica of " Not Guilty," thereby admitting the talsehood of the Slaieilielit which he had published, and his patrons hating got into power, he is is never called sip tor jusignicio. He alluded to these etre 1111 l stances in order to siloW t ile nature and flint it of these prosr cutiotis. Had Nlr. Locke %%Mien his work moot' government few years be;nre, the Crown lawyers would hate des cribed it 33 a w.eketi and seditious idol. It had, how ever, ever since its appearance been regards I as a most t doable and iiitrotetive work. With regard to our tiijOying a free press, it was a blessing etijoyed in the flee of an ex officio information, which the Atdirney- Central might file and abandon as often as he _pleased. Itemigh►resort to this proceelliitg till he had effectually accomplished the rwin of an individual. It was not per haps likely that he should go to these extremes, thought in this present case he conceived that the power hail been scandalously abused. Nothing could he more vague or indefinite than the charge aaainst him ; he did not believe a precedent for it could be found upon the files of the Court. It used to be the piactice in indictments to use the words tri cl armis, and to allege that force had been used. In an action, he might justify by proving tile truth of what he had written ; but under the CllTllllll l iilliCeS which he was maw placed, it was impossible for him to make any (Weiler. He was left utterly bare and unprotected. He had been deprived of the advantage resulting (mom the interven tion of a Grand Jory—an advantage whichthe must contend was one of the birthrights of the bill ject. It had been said that grand juries were institute d in Taco ma ; but a very disungitislied lawyer denied that proposition, and card the case of an appeal, in which, though tea• immediately affected, do grand jury was allowed. The object of that institution was site maintenance of impaitiality, and the attainment of substantial justice. Upon a charge of libel, which was sit offence of so indefinite a nature, the fouctions of a grand jury were peculiarly importaut, and became i to dispetisable to the accused, if he were to have the advantage of a full legal defence. 'Fite circumstance of his being tried by a special jury traS ill itself evidence that the offence with which h e was charged was not of a ' cry' thinoos character This descri pi iint of jiiths was first selected inr the trial of eases iiivolt iiig compliewed accounts, and they were had by the consent of both parties. Xthough lie did loot think the Attorney General would obtain a verdict against him, vet even in the event of au acquittal, he should hate beet' pretty well punished, by the expense, lahostr, anti anxiety to which the prosecution had subjected him. As the offence of libel was fun called a crime, but a misdemeanour, which meant simply a a misbehaviour, it might be imagined that the punish ment should he proportionately light : but no sooaer was a defendant fonud guilty, titan his offence appeared to grow in magnitude; it teas Proteus-I•ke, continually chatigitig its shape, anti always to the disadvantage of the accused. Falseito it, which was in ordinary ease? mite gramosen of me complaint, was omitted alto gether in toe information against him. How could the allegation of folStillAni ever be looked upon in a crustily) proceenitig, as mere surplusage or orna ment t He should be glad to know how an in dictment wnitist read, if it were alleged in it that the defeisdaiit had truly, instead of falsely, set brill the 'natter of his coiti l Aaint Now, the infoimation meant, if it meant any Moe:, that he nay desirous of earning dis iffecton, ayl had au interest in prodneitig disorder. He world, howev.,r, assert, that it was int. possible to impute to Ma., with anv colour of probability, any motive to COliillin mad acts of this kind. The At torney General had stronger motives than he could have for dome what was wrong, inasmuch as the tenoned sten- Orin in had his fortune to while he (tin F.) was satisfied •evti h whet flit was already in posse,siou ot. As an gentleman, he conceived hum elf bound to ..,sist in upholding the riehts of !tie countrt men ; and he eiedd :how that this had ever been the prevailin heist and disposition of his mind. On all occasions lie hail end :asoured to impress on the minds of other independent gentlemen, that the greatest &sinter arose (rum the want of UlllOll betWIXII the note powerful classes and the people. such exertions had for their übjert, nut to excite disaffection, ur to prinkee se par.ition, bit to establish minor d and mutual good is ill. It was anoint to suppose that his finding fault Wilk idiot had his.( . ll gone at Nlanetoesier tumid excite liked:coon to the Gotreitiment amongst tho soldiers. It .l m xette dis affect:on to Ininself, Wit prusukvii any sentiment of that ratline. Ilia wt le soldiers, bee:nisi. :hey had seiicil e ml.tatbly abroad, to be sat:et:Oiled cutting down iii it country 11)ell a, it.;111t• Ibe libel, however, was chalet d whit betted mud cow Ike gOvel 'meat of the realm," tool indeed this tie, toe owy choice ith elm lie young . ittiilty lie edited on to Mils. I. he trial bud um lief Wine quite bar enoug h In put wit Of Court, for all the evidelice wait to show a publiccion in the comity of Middlesex Mune. (Tile Honourable Baronet after some further obser rations tilt regard to the renuc, ..nterett at considerable ltmigtb into the inibjeut of a reliant, of partial/lent, and quoted a 19'1;4 list of autholitieS favor- Late to the doLtrine of a inure tattaded representation of . BRAZIL MAIL. -.....- WNW THE NATIONAL REGISTER.. the people. Amongst these were Lord elatendon, Lord Bolisigliroke, Swift Lorke, Luta ( , amden, Lord Chatham Mr. Justice Blackstriie, the Doke of Itichmond, Air l'itt, and 31r. Fox.) lie was ashamed to weary them wi!li sit many miotations, hot at was of the greatest Mips), tin. that he should not be suspected or treated as if he used re form as a mask or cover fin hostility and mischievousness. It was too much to talk of refusal as wild and visionaiy, oiler, it liasi been supported by Mich Men and with so notch ability. Ili. object in laying these bifilefilvfits believe them was to shoo, ihat theie was no eidpability in loviiig freedom, and in emleavooring to obtain that Parliament , . ary reform svhich was eSseNtifil to the wellaie and liberty of the people. For liiiiisetf this had been his object front the commencement of his life. lie would lead to thent extracts of the speeches made by him in Parliament oil four several motions. They had heard what Chief Justice Holt thought of suldicis tatettering with the execution o f the laws, and they could judge whether lie thought them a part of the government. Brit Blackstime's language, lie was afraid, fended to excite disaffection far beyond .a s thing in his letter. 11, re the Ituti. hart.' earl Blackstone's 011M-I%fitinifin tin the danger (11%tilletfilli iletfi'etil the solilitos and the tomaiiiiiity —the cruelty of having a hotly of writ reduced to a state of servitude in the midst of a lice 'Winn. The remainder of the hon. bart.'s speech, and the de tails of the proceedings that follow rd, we ate obliged to omit. for want of room. Mt . Sergeant Vaughan replied at considerable length. Mr. Justice ItysT, after has iiig oliseived, that all 111.11 had beets ,aid nn e.e-slicia info' mations, on special juries, oil pat liameicary etSii at, and on evict Inc respecting the Manchester proceedings, was eati anemia, ptoceested to state his opieion, that Leicestershire was the place of pull licatiim, and was properly simile the solace of pi osecution. Libel and sedition were tint charges that could not be grappled with, and that could not he understood. It was unfortunate to have quoted from BeiiitAlii oke and Swift, who were both discontented. If the paper in question was written with the same pore spirit with which Locke, that great and immortal a riter weote, it aas no libel. Without hint ty of the press there email he no free go vet nment. God forbid that he :Mould ever discontinue to feel attached to it. But the question was, whether this paper slid not excite to disaffection? or; in oilier words, was not addiessed to the passions? If there were only a new intemperate expres-ions it was no Itbtl. But if the writer stated what he could nut have known to be true or false, if lie acidic:rise(' himself to the lower orders, lie felt it lets ditty, in terms of the art of pal Insolent, to 'lnge( them to find the defendant guilty. If they had no tea , ou to suppose him wrong, then were to take the law from He had then lio hesitation in saying that it was a libel. %Vas it proper that a men of education and high statism, like Sir Ft ateris 'turtle'', should slate that blood had her spilt, because he hail found it its a morning paper? N!.- Ciitig oi•curred that could form ally excuse tar tile most ititempe late man, in saying that a reign 01 let rtir klll/1 blood was Cl/111111eileell in this comitiy. It' te. Ha 11114 blood were on one side, what must have been on the ()their He was sorry to find the passage which stated, " a 111411 can die hut once." There never was a ... re stiikiug stance of the mock heroic. The defendant knew per fectly well that no attempt would be matte to interrupt the meeting at Westminster. Could any one tell hint that any thing could be none plc-pram with mischief than the passage respecting the punishment of soldiers? The 6•,- eernment rested nut till the army, but on the affections of the people. If the paper was caiculated to do infinite mischief, that mischief must hare been intended. Mere poisonous ingredients never were condensed in one paper. The Jury conversed together in the box for about 2 minutes : the foreman then stepped tow his place, and called our, " Guilty of libel." Mr. Denman remarked, that the verdict did not find the pub lication in Leicestershire. Mr. Sergeant Vaughan contended it did. Mr. Justice Best (to the tuieman).—Do you find the libel pub lished in Leicestershire? Foreman.—Guilty of libel in Leicestershire. Mr. Justice Best.—You find the publication of the libel in Leicestershire ? Foreman.—Yes. Mr. Justice Best.—llad you not better then find the general verdict, " Guilty ;" that is the common form ? The Foreman assented. Mr. Justice Best. —Was not that your meaning when you found your verdict? Foreman.—Yes. The inn' ended at half past fire. The Court remained crowded to the greatest excess till the end of the trial. The most perfect sileace was pew: v.d on heating the verdict. Sir Francis Burdett, on leaving the Court, was attended by multitudes which could with great dal - kinky pour along tine streets between the Castle and the 'fitree Crowns. 'They waved their hats, and cheeted the whole way. As they seemed unwilling to retire without being addressed, Sir Francis, from the window, thanked them for the interest they took in his behalf. He admin.(' that he telt seine disappoint ment at the result of the verdict that day ; hut that it, like other sunder measure*. tiltiniate;y led to the production or public good. Ile trusted easy would then quietly disperse, with which admo nition spry instantly complied. Tat; uial teas not over until nearly Six o'clock in the evening. Extract of a letter, dated Rio de Janeiro, Jan. i 1820 : —" We have letters from Buenos Ayres to to the 6tl► of December, but they contain nothing of any interest, except a Chili Gazette, of the 12th November, with a letter from Lord Cochrane, of the 6th October. Ills Lordship states, ti►at on the Ist and 3d October lie had attacked the enemy's squa dron at Callao, but without the epeeted etfeet, although without any loss on his ►ide; that the Congre . :e rockets did not answer completely, fir want of sufficient precision in their dimuion ; and that he, theretiire, was going to remedy this defect, in order to make a third and more effectual attack. To the data of that letter, the Santelmo and Pen t:vat, Spanish ships of war from Cad►z. had nut yet made their appearance; it is reported, however, that both ships have put into Valdivia, and that they still may be in u state to engage Lord Cochrane. " The correspondence from Monte Video comes down to the 14th November inclusive; according to it, the Spaniard:;, who had meditated the rising of their countrymen against the constituted authori. tics, in case of the arrival of the grand ex. , ,,dition, remained still confined on shipboard, and had not been sent to the Brazils, us they were to be tried at Monte Video. " The same accounts add, that Fructitoso Rivero, one of Artigas's most distinguished chiefs, had de clar:A against him, and in favour of the Government of Buenos Ayres. " The deputation sent by the Cabildo of Monte Video to our Court had returned and brought the most satisietory assurances; their substance is said to be to the fidlowing effect :—That his most Faithful Majesty would on no account suffer his forces to second the operations of the Spanish expe dition trues Cadiz, if it should make its appearance in the river Plate; that the state of politics in Eu rope might perhaps not permit his Majesty to defend Monte Video against the arms of Spam. but that in such case the fortress should be given up to the Cabildo and inhabitants as early as possible, in order to enable them to collect and arrange their means of defence." EP! TOM E or TII1: SPANISH CONSTITUTIOY: As digested and esta , lished by the Carte, int ft 12, and recognized, sanciiwied, and adopted by Ferdinand VII. in 1820. The Spanish nation is free and independent, and isnot, nor cannot be, the patrimony of any person or family. The sovereignty resides essentially in tie nation, and the right of enacting it. fundamental lass heliums exclusively to it by this same principle. All Spaniards are bound. with nit any distinction whatever. to contribute, in proportion to their means, to the expenses ot the State. Every Spaniard is also bound to defend his country in arms. whenever the law may demand his services. The Government of the Spanish nation is &limited, hereditary monarchy. The power of making laws is fixed in the Cortes jointly with the King. The execution of the laws is fixed in the King. The application of the laws in civil and criminal cases, is placed in the tribunals . established by the law. The right of granting letters of citizenship to foreigners is lodged in the Cortes. I Citizens alone arc eligible to noinicid...l offices, and permitted to vote for them in those cases rientett out by the law. I Front the year 58113, all tliti , e who claim the rights of citi zenship must know how to read rod write. The Cortes consists in the onion of all the deputies that rem. sent the nation, nominated by the citizens, in 'mama as therein stated. The basis of national representation is the population. For every 70,000 souls there shall be one deputy to the Cortes: any odd numbers ex.:ceding 55,000 shall name a deputy for themselves. St. Doming') names a deputy ; and Cie Ultra Ma. tine population, viz. that of North and Smith America, elects deputies lb the suite proportion as that of Old Spain. Fur the election of deputies to the Cones, parish, district, and provincial meetings shall be held. The parish inevtings to be held throughout the European do minions, on the lir.t Sunday in October, in the year previous to the meeting of the Cortes. 'The detailed regulations relative to the mode of election, we have not room to insert-1 To be a deputy of the Comes, it is ne •essary to be a citizen 25 years old, with a proportionate income, to be hereafter specified. The Secretaries of State, the Councillors of State, and the Officers of the Royal Household, are inelligible us deputies to the Cortes. ' The deputies to be indemnified for their expenses by a pro. vincial rate. I The Cones to assemble every year in the capital of the king don, with power tby art. 105) to remove to any place, not mere I distant front Madrid than 12 leagues. The session to begin on the Ist of March, and continue threw months. The deputies shall be renewed entirely every two years. A member is not eligible to two successive Parliaments. The deputies swear to preserve the Roman Cathoiic religion, to preserve the political constitution, and to conduce themselves faithfully to the nation. N. B. All reference to the King is omitted in this oath. The King is to be made acquainted, by a deputation of 22 members, with the assembly of the Cort_s. lie is to attend person.dly at the formal opening; or, if not, the President shall o:ien the session without delay. The King is to enter the assembly unguarded. lie is to make a speech, s .yitig whatever he thinks tit, or send his speech to the President. The Cortes cannot deliberate in the presence of the King. The sessions are to be public. The parsons of die deputies to be inviolable lilt their opinions. In criminal C/1625, they are to be tried by a tri bunal of the Cortes ; and are not to be sued at civil law, nor levied upon fur debt, daring the session, or for one month after wards. The powers of the Cortes arc, viz., in the last place, to pro lar-e and decree the laws ; and to intercept and alter them on necessary oacasiou. To take an oath to the King, to the Princi of Asturias, unit to the Regency, as is pointed out in their place. 'ro determine any doubt of fact or right, that may occur ia order of the sucee , tion to the crown. To elect a Regency or Regent of the Kingdom, when the con stitution requires it, and to point out the limits within winch the Regency or Regent Joust exercise the royal authority. 'l'o make the public acknowledgment of the Prince of Asturias. To nominate a guardian to the King minor, when the con stitution requires It. They arc to approve, previous to ratification, the treaties of offensive alnatice, of sollielies, and the particulars of commerce. Ts permit or refuse the admission of foreign : rut ps into the Kings out. To deciot the creation and suppression of offices in the tri bunals established by the constitution, and also the creation er abolition of public offices. To fix every year, on the pro:kistil of the King, Cie land and s;at tomes, determining the establishments in tame of peace, u•at its augmentation in time of war. To issue ordinances to the army, to the elect, and to eic national militia, in all their branches. To fix the esp. nees of the public administration. To establish annually the taxes To take property upon loan, in caves of necessity, uron the credit of Cie nation. To approve the division of the taxe. among the provinces. To ex.tmine and approve the accounts of the application ef the public funds. To establish the Custom house,, and duties to Le paid there.