The Statesman. — London, England, 1820-07-26 00:00:00

I Lord here read several extracts from the Repriolinti.) He should not oppose the prosecution which the Hon. and Learned 04:ntleman bad introduced to the notice of the House, but if this course were adopted, be slo.uld feel it his duty to deliver up these publications, with sweeping instructions to the Attorney-tieneral to prosecute them with the utmost severity. He did not mean to admit %hat if the House did not interpose, these publicatiefis would not be prosecuted. From the .I,• r of the libel it was clear that there had bees no tiii.r to institiire proceedings against it, nor was it ps acticable (lie !believed) to do so until after the lung s -*cation. If the House interposed at all, it should embrace the iy hole sphere and compass of the offences which bad been committed both on one side and the other. and riot by selecting a particular offence appear insensible to4il the rest. or. I.cantriros*thought it his duty to state to the, House the reasons which had induced him not to call the attention of the House to the calumnies with which her Majesty's character had been aspersed. The paper ins quest' bad been handed to him some days since b. an Hon. !friend of his, and had excited so much indigeation-in his mind, that he had been induced to, sire particular attention to the subject. When he came, however, to regret that the libel appeared in an obscure country' paper, the proprietor of which was probably is - very low circumstances; he thought, unless t!.e greatectell,of the libels contained in the press of the metropolis were suppressed, it was not consistent with the dignity of her Majesty that any notice should be taken 0f41.-• The Noble Lord who represented the h.srough elf Aylesbury (Lord Nngent) had read to the House pas{ - es from The ifornin4 , Post and The (Lacier, is a 'former of which, the Editor declared that he cared not' whether her Majesty were got rid of as a cfilniesior amartyr, and the latter of which eon : rained par* egoloqually atrocious, and equally eaten- Lod to stlinthtlet the public to sets of outrage against the Queen, yet when, these libel* were introduced to the notice of the House, they appeared to excite but li:tle attis.ilee. • When he considered that these papers were generally supposed to he under the indnence, and . to a certain.extesit, under the controul of his Majesty's' 4 1 0% erns/Pint, and that tlicy were suffered to roam at large titringh every : species Of libel which was calcu latesl to injure the cause of her Majesty, he thought it was not worth while to call down the justice of the House *mien '/11e Western Luminary. It was better to tact. t4teMaliee of the wretched ludividiaal who could composer it to die its its native obscurity, than to give iti.degree of importance by taking notice of it in thic! est**, If he had thought that, by any ad vice offlis could be present her Majesty from being brAntitd eitE imputations.of guilt, before any judicial inittiepAett taken place,. however unpleasant it might Lace biessie call ilr question 'the public press fit that House, he should still here felt it his duty to do so. But gas bet Maiestpsisad he imputations cast Noma her before trial. except in the ordinary publieeffion of the day ? Did she now go to trial In the seise predicament, an 4 with the same advantages, es and ordinary individual whose life or character was aped Whin the Wren had been treated by lifs:Ailejeity'a Government as a person convicted-- wheats:lie had hen treated with contumely sad divas:o.ll their..authority, without trial---when bee menses'-had bnaterned from the Liturgy previous to tiial-kvilep an Impression had been' studiously made isponihe public mind, without confronting her with her mune, without even furnishing het with the ordinny.ineans of vindicating her innocence ; he would ask the House and the country with what de- terry tempi his Majesty's Ministers come down to the 'IOUs , / sod •advise the prosecution of The Morning Pes4 1r Cowries, or the Western Lanninary? (hear, hear,•bearl, Each were the views which he had felt to state to her Majesty, when he took her Meanly', parasite, upoe,tbe subject of therie puh licatione.-soThere was another view of this subject which appeared to him to be of the utmost importance. lie thilogist Viet *any attempt to restrain the public' l aress';'imid • he .attended with the greatest possible 'Duthie After all 'the violent accusations which had been tinown*fut against the press, and subject as it enrinubtedly-was at tines to do infinite mischief, he still frit that a free and unshackled press was one of the greatest blessings which'conld be conferred upon any country. If we once • imposed the slightest re strain upon the press,, it would become extremely 41:tfictel; to define the limits, or cakufate the coase quenop'of such rent. Sore be was that without a fretsprese, neither rise libertt, of this nor. any other enetircould be long •snaintalaetl. Me did not mean to say. that publication if libellous description ought not to' be punished,' but he had rather leave them to the vigour of Ms Majesty's law officers, sob* might correct the enemies of the Press upon their. awn responsibility, An to•penose. who were ' net equally capable et forming an accurate judgment oftewtite.selsject. and who were not responsible. He perfrealy concurred with the Noble Lord in the pro- , peaty of sanding protection to the witness,* on both aides of the question. Nothing couldbe mote pro destined' confusion, more detrimental to the interests of juelice, or more injurious to the character .of the antilop. than • that when those witnesses Caine to ibis country, their live should be endangered, or their testimony exposed to say Undue bias. With respect to the varies' publications from which the Noble lard bad read passage*, be had only one oh s natio* 1* make ps•seausely.. that her Majesty bad never.reed one of them.end that nothing would in eneeiser to read one'of them during the whole course of proceedings against her. He readily admitted to the Noble Lord, that those publications greatly ex nand all the bounds of fair discussion. If, however. the LaW Mem of the Crests- 'Ladd . have it in tostenydatios M fess& say legal proceedings upon them, he eroded diatiekey week' beer is mind the kr sea that had besa • Ikea ea that sahjert• a kw ran age —he adireeemL.ln the promotion wises . Morning CAtoridek fad other Papers, whirls, is con wipeesee d pest Oahe, 'Wadi* is the mink- both of the Jaigeapej . ibe 44efop i ps se the sakieese . Abe-1 old fried*OlhEorlimilleklneed by veridical .of aegalt- Isl. hoessaskasst thiswastac ttaght.l. bin opiP4s. Sekilaidlol4 calseme asses, in which ' Oblatairief Abe • ereiv-seS;lllhdp• •be Piet WWI • ;. • . Arroasonvessi MA& Willa to say a hw Rat% • miseendact or neglect of duty Oa his peril I th iaL IP3 searr. dim Lif " C I - . • .. s i sow appeared to be imputed. He thought it a little sin gular that the Honourable and Learned Gentleman, who had made the present motion, should have se lected from the numerous libels with which the press termed, that which he had brought Nader the consi deration of the House ; as it was one so recently pub lished that no opportunity bad been given to the Law Officers of the Crown even to consider whethe i r they should commence proceedings against it. If She lion. and Learned Gentleman thought this so gross a libel that no time was to be lost in bringing it before the House, he (the Attorney-General) was surprised that the Honourable and Learned Gentleman hail over looked not only the publications front which his Noble Friend had read extracts, but various other publica tions from which for the last three or four weeks had been indulging in the most gross reflections on the conduct both of that and of the other House of Par liament. With respect, however, to the main question before the House, it ought to be recollected that on es-rficio information could be tiled by the Attoriter General against say of those publications until int* ensuing term ; and therefore, .till thinking that the Honourable and Learned Gentleman might have giten hint credit by believing that his attenthon had directed towards the various libels with which tits .public press had been inundated since the cot* mencetnent of the unfortunate discussion in closes tion ; yet, if the. Honourable and Learned lie*: tlensan's object was to call to account those, who, by their conduct, were likely to impede the course of justice, by biassing the conduct of Perlis tnent, he was afraid that that ohject would be tardily accomplished, since the prosecution of this libel, whkh he (the Attorney General) allowed attacked the coo duct of her Majesty in terms which must excite.geae nil disgust and reprehension, could not be conitneaced until alichaelnias Term. At the same time, be was perfectly aware that the tardiness of the punishment would be no excuse for him; and that there were moot cases, as well as that particular one, in which it would be his duty to institute criminal proceedings. He per fectly agreed with the Honourable and Learned Gen tleman who had just sot down, that any Attorney General was wrong who commenced a pro.eentioa for libel; without a moral conviction on his own mind that he was entitled to unit should obtain a verdict. It was unpleasant to speak of himself, but be appealed to 1 1 the Honourable and Learned Gentleman, whether, on Ia review of the prosecutions of that nature which be (the Attorney General) had instituted since his en trance on office, there was a single instance in which he bad nut obtained a conviction. He took no merit for that. Unfortunately, the present state of the public press was such, that if lie had institued more prosecutions, lie had little doubt that he should have lobtained more convictions. But be asestioaed this to show that he had been guided by the HesouraMe and Learned Gentleman's rule, namely, never to commence say such proceeding except 4 believed in his conscience that he was entitled to a 1/Sh i diet. The Houourable and Learned tigmtlosaaa, however, nut choosing to contuse himself W the ism ties before the House, had, as on foro.k ottediet. attempted, at the close of the Sessions of , to reiterate those accusations against his Illifestg Government, which he had so freely made during progress of the Session. The Honourable and learn ed Gentlemen had said, that her Majesty having bees treated as a convicted person by his Majesty's Go vernment, mould not expect any redress for her wroega in that quarter. It was very painful to him (the At torney-General) to talk on this subject. But he thought that the question was not fairly treated by the Honourable rod Learned Gentleman. The Hon ourable and learned Gentleman, without any lolanda lion, attempted to raise a prejudice (which must have its effects not only in that House, but out of doors) against his Majesty's Ministers, who, in the dis charge of the painful duty which had devolved up on them, bad been reluctantly compelled to take the step i, which the proceedings at present pend ing in the other House of Parliament esigioated. Again. the Honourable and Learned Gentleman had adverted to the omission of her Majesty's name in the Liturgy. For himself, he (the Attorney- General) was satisfied that whatever question might arise as to the expediency or inexpediency of that step, inipoint of law it was completely justifiable. But what would have been said if his Majesty's Ministers had advised the insertion of her Majesty's name in the Li turgy ? It appeared that a most serious charge against her Majesty had been communicated to his Majesty's Government, supported by evidence which it was im possible for them to overlook. How afterwards could they, with any •consistency, have brought dews the Royal Message, or have been accessary to the pro ceeding in progress in the other Muse of Parliament? lie denied that there had been any want of respect on the part of his Itajesty's Oevyremosit towards the Queed. Any apparent disrespect was attributable es. ,tirely to her Majesty's own conduct. . He sotheassi o that be thought - the course pursued in that Hesse by the Honourable and Learned Gentleman, though a very excellent course for the Advocate of her Majesty, whose basiness it was to make the most of every thing fur his client. was by . Se camas a proper course for a Member of Parliament. He thought that the less that was said apse the whale subject the better, ht order that the House might keep their minds free from bias, and be istilided to , pronounce with inspartialty ow the momentous ques tion. if it should come before them. All attempts to I depreciate tl . etareeter of the witnesses in this gnat i question—to resume that they were fain and par jured, and that no truth coma be expected frets than . were amenable to the law, and, es irMidurrtfe Ma they were made, they aught to be rtsMisl. that Hosea ought to ha extremely eau am to it themselves to the pram faellag—• g esti tit z i net fur the purpose of tainsloi days his. hue to prejudge the ease the Oat e.g. ho csadesaired the libel my is gyasstias as mush as say I nom, yet la poise at usambers iptd laelleily Is this lath Itrepans, theme was se =1;s• bowies thole When libels were et that - theta - 'tailed J themselves her Majesty% ' hypocritical sia4it writ declaim des Ghwersimeet. Lad litauls !Mir-.4 'dm stmt. d Loodss canie fns seek remes THE STAtESMAN. Honourable and Learned Gentleman ever seen any placard of a contrary character, attempting to pre judice her Majesty's cause, or to brand its support ers with infamy ? Perhaps there never was a period when the duties of the Attorney lieneral were so heavy as at the present moment : of all those duties none occupied his attention more than the state of the public press. He lamented to say, that although it would be indispensible to institute numerous prosecutions, he was apprehensive that the arm of the law could not sufficiently restrain the license of the press. Ile felt co much interested as the Honourable and Learned Gentleman could do for the preservation of that Ines timable blessing, the liberty of the press ; but he was persuaded that nu man who read the infamous publi cations to which be alluded, would say that to bring their authors into a court of justice would be to attack the liberty of the press. The existing licentiousness of the press was greater than it had been in any for mer period of our history. He was sorry that it fell to his lot to endeavour to repress it. He trusted that ' he should not be considered to hare been remiss in the discharge of his duty, because he had not yet taken notice of a publication that appeared only last week. The perusal of the gross and infamous libels which appeared day after day and week after week, would occupy the whole of the time of the Attorney General. He confessed, that with all the Honourable and Learn ed Mover's ingenuity and talent, he (the Attorney General) was at a loss to discover by what link in the Honourable and Learned Gentleman's reasoning he made the immediate publication in question a breach of privilege. As to the other object of the Honourable and Learned Gentleman's proposition, namely, the in struction to the Attorney General to prosecute, it would n►t bee owe him, haring the honour as he had to bold that office, to say a word. Mr. Twiner declared his determination to reserve his further opinions on the great question respecting her Majesty, until it should come regularly before the House. He would therefore confine himself strictly to the motion made by his Honourable and Learned Friend. He confessed that he could not well under* stand how his Honourable and Learned Friend could make the libel in question a breach of the privileges of the House. At least, the argument by which his Honourable and Learned Friend had endeavoured to do so, app.. red to him to be too refined. Because the House of Commons knew that the House of Lords bad entertained a Bill which respected her Majesty, and because that Bill was a Parliamentary proceeding, and because the House of Commons was a branch of P.irlianient, therefore the libel in qnestion was a breach of the Privileges of the Haase of Commons. Now. it should be remembered, that what that House hues of the proceedings in the House of Lords, was not by a communication from that House, but merely from an examination of the Lords' Journals. The Bill might never come to the House of Commons. If the publication in question was really a breach el l Privilege, et ought to he taken notice of by the House of Lords eater than by ON Hesse of Commons. The next question was, whether, if It was declared to be a breach of Privilege, the Attorney-General should ba instructed to prosecute? Now, to such a proceeding, he conceived there were many objections. It was odious to send a man to trial with the weight of the opinion of the House of Commons against him. lint even If prosecution by the Attorney-Oeneral were the fit course, it was for the House of Lords to pursue it, and not the House of Commons. Under all the cir- eamstances of the case, he strongly recommended to his Honourable and Learned Friend to withdraw his . motion. Lord A. Itisiii.vos denied that when he or the Hononrable and Learned Gentleman said any thing is that House, in disparagement of the conduct of Mi nisters towards her Majesty, it was with the view of inflaming any one either in or out of doors. What' they did was merely to recapitulate that conduct. If such a recapitulation had the effect of inflaming, it was attributable to the conduct itself, and not to him. It appeared to him that the Huno.nrable and Learned the Attorney General had been unfortunate in his il lustration respecting the omission of her Majesty's name in the Liturgy. The Honourable and Learned Gentlemen said, that if Ministers had advised the con tinuance of her Majesty's name in the Liturgy, they could nut consistently have sanctioned the charges against her. He thought that it was quite errone ous to say that a charge could not with consisten cy be made against any one who, until the time of the charge, had been treated as innocent. Hut had Ministers done nothing else which had the same effect that the Honourable and Learned Gentleman supposed, would have resulted from the ineertionof her Majesty's name in the Litermr ? Was not the offer of 50,0001. a-year as inconsistent with the subsequent charge of criminality, as the insertion of her Majesty's name in the Liturgy would have,,heen ? Mid lonian there was sousethieg mysterious in striking her Majesty's SUM out of the Liturgy; for it was stated hi the papers on the table of the Home set to have been done in consequence of the iatended proceedings against her Majesty. To thedoelaration dim Hon and beamed lifetimes, that there were perms@ aetivny coma in converting the tesnporaiy 'coalmen of tilt day to purposes of lasting onsehle‘he would that those persons had the most valuable ceedietees, impolitic, and unjust course pursued by any Government, than that of F arming one branch of the Royal Family ast mother, and teaching the public that the trie of the one could be obtained only by the diagram dee Niter. As to the libel in question, it was se gross ' s, isieriers, so beneath any thing that could casemate frogs a men of li beral educatims that, in his opinion, it maid be JON. meatal only to its author, by so means to her Majesty. Mr. Mazwitt.t. said a few words, hat the noise in the Hose was so rest, that we can only ex our belief that the Hen. n csacei ve d th e Ho prns usellfrould be talky a it greet deeeliedou Of duty, if it neglected to aetice the lihdits gaestbsa. Mr. Warmaasat. said, that as the NeW• Lord sad • the Moatiatahle sad Leaned Gentleman had heti lad !seta Mat the publication la .isestiosi would hues, dia use of preseesdisa. his object was asiewstelk sad be hit groat sadoliwthas that it was u. TThe i !ease inighrtheeelites ht agree of his undou as they ' tha . 3 _ redir.: - ieli - eVeCy sad time wia 'tailed 1 theaght N.. Pk mid aTi 1 bac tri;rryini, - tirat — 74 eye Meade. bat War aid* time Hebb Lori had ara asamarated as kid (Mr. Retire- ", e w e * . 1!' Me - 'P' t' liiiAnasi 'fiarraity. 'Us ise •-• NIA and le dot abiallber lankri- *.I is (SW illberrall) had aft preeardrd liarabillia. •Ilialiaa aniterreiliftra l 4llllGamemeip es ebievehje c e. Th e N e w, o witirattektibriholilliniiisli& alhampottiba with. m kiwi. of worker. is sat wan M emy wail. Net had sl o p hada. braright bnrard similar sachem &pima The gx.nosi4er and other publications. It seem, d, ever, that the Noble Lord's own Attorne t •_t; e ,,, l had not read those publications. How then w as (Mr. Wetherell) to be expected to submit th..tn to , consideration of the House ? Was he to be th. Nei Lord's shadow or faggot ? He was in no such sit u , tion. It was enough for him that he had bro ll under the notice of the House one publication which an unanimous opinion had been pro that it was a fit subject for proefeution, and width was intended to prosecute. With the litre of House he would withdraw his motion. The motion was accordingly withdrawn. Lord CASTLIMILAGIII postponed till tOibefr ow motion for an adjournment to the 4lst of August BINMINtitIA3II.—Mr. Alderman Won's restat , 4 the petition whirb he had offered to the Home ! night. lie had since carefully read it, and slthes t h it was couched in very strong language, he wa s &„ aware that it contained any expressions disresp ct fit to the House. It proceeded from a numerou • sa of the inhabitants of Birmingham, but as it Wa s * ed only by the Chairman of the 'netting, G iver Edmonds, he knew that it could be received the Petition of that individual. The Petition was then brought op and ~ was of considerable length, and expatiated ss 1 4 various abuses which prevailed in the constitatin Parliament, and in the administration of public stain After the Petition had been laid on the Table, Mr. Alderman WOOD moved, that it should by primed Mr. R. Swirl' decidedly objected to this propositim. It was quite enough to hear such nonsense read. . . . could not agree to its being printed. Mr. Alderman WOOD repeated that the Petitim agreed to by a large meeting of the iahabitanu of sir. miughant. He thought it somewhat seletk is tiro Hon. lientleman who had enjoyed the treat of heals, die Petition read, to wish to deprive when oldie gra. titication of knowing its contents. Mr. Outwit. was apprehensive that to refute is print the Petition would be to establish an injurious precedent. Mr. K. Sierra observed, that any ass had a r i g ht to give vent to as much absurdity as he pleased, tat that he thought the House of ttotumons would depth itself by consenting to give that absurdity sperm nent form. Mr. Lc:int:4lw did not conceive that there/dem of refusing to print the Petition would be injariewn the House had consented to allow it to lie a tls Table. That was certainly u muds u could be is. petted with reference to such a mass of seases*, ii rukuce, and slander. Mr. Alderman WOOD said, ger of the precedent. he lad Mr. R. DeNDAS recommended , derman to allow it to be negatived. Mr. Alderman Woos observed, JIM Le he (Mr. R. Denial) liked. The modem for printing the 11' tired without a dlrision.—The indeed, that a dielsioa awdel LANDLORDS- AND NTSON said, that the Landlords he hal hoitho boner to tottoehtoe, cei•ed the Hord Assent, he fore the House separated, that, tendon - which he had before it he found to be a prevalent feeling should very early in the next - to bring in a Bill for farther amending the laws which affect lord and tenant, and especial) summary and acceptable, medr for recovering the possession, retained, of small tenements, ceeding 20/. or M. a year —Adjourned. SOUTH AM, (The following interesting letter to toe public anonymously • b cleat to indicate its writer a nd attention.) VaLraaasto, APRIL 19, 1990.—Here we are wok* rapid strides towards complete indepewletcsi see sop more, and which is about to be taken. win bring m $ our journey's end. Were you here Yoe weell et to see a whole people straggling for freedom 'Army success. 1 wish those at home had a little metewitit resist oppression. Were the Manchester Yeemasty bor, how quickly would their blades drop from their lisolt. You can hardly conceive what an impression the of such wanton and cruel acts, and the protect se:9lA ed by the tiovernuient to the delinquents, has we! all here. lam persuaded that if the Prince Revel em they could see the wafter in its trim light, them ween at once be a return to • light erly established by I gave always thought It is my opinion that probably bare the happiness nest, this great Peninsal neenewhat like that here open to such &see and moderaf have taught him ! 1 prevented me from wheat I esteem a that I 'Welt have to write to you ng event., a., ke. 1 semi y• which you will . unsung to you, •Ilerurtsuent under things are pEosperieje De of my'expectetion. I by no, and more so piping fast forward Wet and the Gowen Win acres, most of In the finest part of M busy foe tire purchase s *ow when the Ise lisilsve thet.they , Skit fir is Irsse times . . Letters frit= Gibb the Daub and Atneri'll salt 40 the Beet Thiele • a AV. vessels. ,Act:mato iNseca s!e14 011 . bow reported the ,'eery recastius feeds*. sorra, d, „.. I , eney-G ull r then was 6 it them tV tale be the no such situ. had bro lg ablicatioa SO Proltraleed, and wid t h it trove of d ie rn. o-eatorraw by f Aurn s t, • D pftl e he Haase len and althers e b r, he lea , „ tit disrespretfil trims sm u g es it was o r t- etia g , Gimp ceirsel as l r u ant seal, It dated e t 1 6 , onstitatioa of public afain to Table, a Id be priatet is propooitioa Ise read. He e Petitiot was bitanu of sir. d. that to prevent the 1* ad better withdraw the h. reeled the Honourable Al. tgatived. served, that h skald k liked. the Petition mistimes,. the Howe was so ilk le d not have takes pipe TENANTS.—Mr. Tm rds and Tenants ill thei arouse, having sew * wished* give stoke M. hat, oesionsably is se fa e intimated, and to tin 'Mini on the sabltd, at Session move fee here ether and more geesieli fleet the relation d 'ally for providing a wow and a less terser* * iossession, when ash* s, held at a rest ant —Adjourned. 'M ERICA. letter has bees essenetheisf bat its creams are soli id to cause it* bowled will • 111•1119 r In HA MOW - ea to the svgs. of UrZfirie;AZ 4 the Cosititstion of sight tie best satindsted ge t illi bles s )11 that on the IA of Pink which ; en imin insula nsla will te sattl iimaill e alliersehOt "iiii Ist to which 1 !!Bile. What a frM h ,ch a man as flonaparteorith ration which adversity sag doh 4 " 1 " ! My occupations hare in saw writing to yon, and maw 6re and regard; bat I will fraakly try_ A ve dune so oft's, wad 1 hart " 1 " . " x short letter, itud sot the WWl' ts I %% Paled, bet hod not entry ft however, some "OW paperh: — ,.. u' !pet sadh facts as m s 1=1 10 "" ;:s th^r relate M p a ON Pi * r o charge . prospering as regard wpm s * 6 • I) ctatiuo. I have boos petty so by land. Illy alga!,werhist: and ; thry will ho parodigtwowir7 l • remnant have jut litres me Ort st of which is celsivataci. hog Ir a of Chili, near Conception t a m ' !Horatio, of MOO acme w l4lll . " 1a the tors stiorbat of Limo arrow they see so list/art of sioselsiosif tines dearer than gaga? . useetool Gibraltar. tlawd 'he 3d L. ati o4ll. two*, mealrihetisdamiludeli% which lately loft Atgirrn. Ace Nata at OMAN, 00 1, that the i whirb he piatie.ha bwrasedfratir 11 *as taken Y bilkaltat la pow" I I I I