The National Register. — London, England, 1819-12-26 00:00:00

~~' ~~ 424 ON rut NEW ME.ISURES. Paley, in reference to trial by Jury, has observed, that •" in proponion to the acknowledged excellency of this anode of trial. every deviation f it ought to le• •watched with sigilarice, and admitted by the legislatuae wish caution and reluctance. Summary coovictions 1,. fore Justices of the Peace, csp cially for offences alit 'hist the game laws ; cams of conscience, extentlitig the jiaistliction of count of equity, urging too far the dot Incti )))) between miestions of law and matters of fact, are all so nhOly hilf.1184:111rInS sy,nuthis great charter of sralilic safely." •Yet in the bull ••• to resuain the iihilS?7 , OrisiNt from the piablicatiou of blasphemous and erditiono I:bels." there is a clause declaring, " that it shall he lawful for any .-or inure justices of the peace to beer and determine any offence or offences which shall be 'tied against this act, or any other :met or acts of 'Parliament, which are In this act 40 be construed there with, or any part thereof, which subjects the offender to ally pecuniary-penalty, out exceeding ." And in the bill rt-spectio4 sriliono4 owetings, the. powers -conferred 4:n jUS4 ICS'S of tor Peace, Of any one of them. .are still greater and more nunler o ws. These lucrative. are Minutiae's', it is said, amid we hope said truly. welt •the view 111 preserving the public security ; but on the 4 miples lath down by Paley, and all ter cotton 111 l Mani writers, they are directly turbidly ls, " the great charter of „public sooty." And like Mr.f4:Nalett, it us '• because ,we hare a serious said sol conviction km these new measures will produce a directly culinary effect itt what • is expected by their simporters. that we object to them." Instead of ailliiig to. the security of ihr Government; they will, in our I tile opinion, greatly lessen the . security of the Graver►lllll ent and the people; and this, we conceive, is due necessary result °fall titeastiree which • trench deeply on the natural rights. and which directly oppose themselves to, the general feelaigs and .opittitnas -of oociety. It will be allowed by all our readers. that Hume was a WWI whose sacacity Was equal to his groins. and who .was nearly as conspicuous for his attachment 114 min- Iraq principles 83 fur the solidity of 11143 jit,lguaelit. Vet Mune was of opinion, in the 1741. that " the ,etreral laws against sethauti.and libelling were as strong ..as they possibly could be imele. Nothiret (he creation o): can impose a 1 tallier restraint, but either the clapping an iraprimatup upon t he press. or the giving very large discretionary powers to the Court to relish whatever displeases thaw. .limit these concessions would be such ,a herd:iced viulation of liberty, that they will probably >ime the la..t efforts of a despotic Cioverinnent. We may conclude, that the lanolin of Britain are gone-for ever, when these attempts shall succeed." ,H a d Home lived to the present day, however, he would haWe seen ,the possibility realised cif imposing further resteaintstspon -the press ; and such restraints, we conceive, as Me more cruel toast it so respriatorer had been established, or a ,law,passed prohibiting the publication of all opinions Alta cumetalllg. wait those of the existing Aditsmistra- • noir. If the proposed IllreliOreS be made lam., the Aires, will have no safety but fit republishing ; and, in this view. it is fortunate that past times have pro altered Home, and many other great Melt, whose love ,of liberty was stronger than his. Hut the writings oh Jluute,.tn so far as they have a .liberal tendency, are Aire roure.valoaele, imasitiucli as his opinions are the .4:18.1( dictates of (raison and imentled to favour and * support tile Como still more 111411 the subject. "!t h a. been Intind." says this writer. "as the experience -of mankind increases, that the people are no such dan gerous monster as they have been repo-seated ; and that it is in every respect better .to guide them like rational creatures. than to lead or drite them like brute beaots." He had pre% lowly remarked, that "as •tite republican part of the Cioveritincet prey mils in En gland, though with a great mixture of monarchy, it is for its owls preservation, to maintain a watchful j •alousy over the magistrates, to remove all discretionary Towers, end to secure every one's life and fortune by ge iier.sl and inflexible laws. " These pilociples (he eosin totes) account fur the great liberty of she press in these iriugdoms. it is Sollhelenily known that despOlin pOwer wound Steal in illloll us, were we 1101 eXtreiltely watchful to prevent its progress, and were there not an easy osethod of cotiveyeig the alartuts from one cud of the kingdom to the other. The spirit of this people utmost frequently be roused to curb the embalm) of the Court, and the dread of CAIIIIIII4 Una spirit must be tin ipioyed to prevent that ambition. Nothing is so. effectual to tins purpose as the liberty el the press, ,by which all .the learning, wit, Mid genius of One nation, may be employed out the side of lihertv, .and every one be animated to its defence. As 'mitt, therefore, as the republican part of goveni anent can ittaikialis Mick against the motierciheal, it must be extremely jealous of the liberty of the press, as of the utmost jetport:owe to Us preservation. Since, therefore, the liberty offlie . press is so essential so the sa l iport me our mixed goverumem, th.s sullic.ently de cides the question, whether this liberty be advantageous or prejudicial. there b hug nothing of greater importance in every itta.te than .tire preservation of the ancient go .ernmvut, eopecully if it be a free one. Hut l would fairy go a hop further, and emelt, that 1:14i:11 a maser., is so few disadvantages, that it sum be ciatoted as the comitiots right of mankiod." :The fillerty of the pack., therefore, however mooed. Cali Kates etet eecue pailUtaf tit 1111 l lta or /AK:Lion ; soil as to tisie.e murmurs, or goose secret.diaeuu c .tnetitfi it may occasion, it is. better they should get Wrist lit Worth., thai they may collie to the liiltaWle,i#e of the 1114aillate liefore it be too late. in order ill ow pro-, puling a milady against them; Melds intl. it s true, hare mvayo a 41CJINT I:itipell64lll to the'leVe What is $416144) tile age utimieir ;pommies than. the. contrary; but 4.1.0 ittelitietam Is inwpareWm. from them, sr healer they liawc.lilieny ur nut. A whisper may tly as quick, sod be as pesutisous, as a pamphlet. Nay, It will be nWrt• joctU!CliAni, when men arc not SICCIIIOOIII4.II to tiliuk ..1;• or distieguisit petwixt truth and fa!svhuud. • THE NATIONAL REGISTER. IRELAND. (Frets Us Nears Deeming Pad, Dec. 18.) That some ititheatitnib of a troubled spirit have been manifested in the %Vest of Ireland, we have had occasion already to state : that they have been exaggerated, we do believe; but it would not be dealing Nifty with the public, it we pretended that rumours which have reached us, were all gotten up by toe interested and ii:tra-Loyal. The county of Buse iiiii mon is the principal scene of this agitation. By accounts which we .hone this day received I that, part of the euuntry, it appears that " many straligers bare within the last six IllOntllS •C“ltit into 1{05e011.111011; Wine of cahoot, trove their accent, appear to he Englishmen. 'rimy are well dressed and well mounted, and go About At night at the heath of the ifibee itimingents. When they come to a hint? eto swear the inmates, the strangers generally titter and Amnia liter the oaths, While the natives remain at a outside." Efforts have been made to swear the pour of Mayo, particularly those on the borders of Bosconnison ; but we MC happy to state, they have proved -altogether invlrectitol. 1 tie Islagistraies of this county, aided by the Clergy, Protestant and Catholic, have hither.° re fereed Slayo from the enittag.oh. Themimit Bev. Dr. U Kelly, Catholic Archbishop of Them, has taken 2 anon active :toil laudable pan lit this work uipeace and huntanny. •• At the risk of Iris says the learn Gazelle, " he went to those places where this midnight work was said to be carrying on with %iguia, and exhorted thew feeliogly,,pointing out the, enormity of their crime, and the Jost iihnishthent which' sooner or later ttttt st follow.: so erlectual was his remioning,.atid the threat field out to them, that they all threw themselves at Ins feet, and in the presence 01 their Gt! and their pastor, promised to resist, even at the expense of. their lives, any future 1111111)10113 oh those. emissaries o: darkness." By the ellOrts of this exemplary prelate, • aided by his• parochial clergy, Galw y has iu a great measure been preserved Iron' the contagion ; yet the magistrates arc on the alert. arjourned meeting of them was held at Moylough on Wednesday; his Grace the Archbishop and Lord Clotibrock also attended. Alter a minute imestigation of the present state of the Laos .ICII 01 1.1:111) time. Tyaquin, hip iiu, and Dunmore, it was necessary to hate a police established in each uarony ; and oy a general concurrence of the meeting they w ere proclaimed. That the principle now in partial operation has been moat inveterate, will Le manifest front a fact which we shall now state. The Catholic Clergy of the Arch diocese of 'roam had to resort " to sue of the severest duties of their religions orders, in consequence of the refractory spirit of two unfortunate men who reside in the paristies,where the Archbishop preached on the two precreding Sundays. It appears these men, after the admonition of his Lordship, launched into the niost horrible expressions, and endeavoured to g..in over to their ranks the people Never were secit so many pet_ sons within the walls of 1114 chapel, or a ceretuany which excited such awe. The Rev. B. Burke explained to them the °thee they had that day to perform, in cutting away lions the church these two delostled own, and said, that nothing would deter them pens tering in their clerical ditties, even at the rick of their lives, until diuttlectioti was ilr,vrii litmus among them The terror Lamed • g tile cou.itry peorle was also visible, by the affecting manner in seinen it was ex plained, in Irish, by Mr. Fitzpatrick. This was the first ceremony ut exam 11111 l imication ever remembered it, Turin." The conduct of the clergy in the county of Mayo his been equally exemplary and successful. Olt last huntlay, upwarus of 1,000 01 the peasantry of .iayo assembled at the chapel of Drymiles, and lin:lured a complaint to Nlr. Denis Browne, •" of various attempts which had been lately made to force them into rebellion. They had hitherto, they said, resisted Ahem elhins, and would continue to do so, if they Isere aliiictled the means to protect themselves. 'llll7 chose six men I rum amongst them to be appointed special coos able, who immedi ately tout: the nails of allegiance at the altar, and swore faithfully to discharge their duty in every respect, parti cularly w apprehending any person who should attempt ,o sh..lte their loyalty. and Ming upon them the warms f rebellion." FROM TUESDAY NIGRT'd GAZRTTZ. FOREIGN OFFICE, Due. et. His Royal Ilighnehs the Prince Regent hat Lien pleased, in the nouno and on the behalf of his .11a,i,g,ty, to appoint & u n ite ' Gregory larshall, h.q. to be bib Blit,o4ty's Cuokul at Udenti And th dependencies. His Royal Highness the Prince Regent has also been plea-,e 1, in the name and on the behalf of his Maje„ , ty, to appoint Richard Ruddiest, Esq. to be his Majesty's Consul at lintbdra. BANKRUPTCY ENLARGED. J. Wilson. Old Broad Street, merchant. froth Dec. 21 to Jan. 4, at Guihuinii. BANKRUPTCY SUPERSEDED. T. Sumner, flaailet of Bondi, in the Township of Boolean with Bonds. Lancashire, miller. IiANKHUPTS. J. Kr.sufs, senior, 111am:hewer. merchant. [solicitors, Messrs. Hallam! Willvu, Great Juno.% Stever, Bedford Itow. H. }lova, Bristol, merchant. Sols. :%lemr:,. I'i,ole and Greenfield. Gray's Inn Square. T. King, Puirrovrck, Giotto:stetA h nte, clothier. Sol. Mt. Thompson, Gray's Inn. • A. sod .1. ro.t. Mac!Wield. grocers. Sols. Messrs. Hurd and Johnson. Temple. J. (lutes, G114114911C, Norfolk, farmer. Sul. Mr. Wright, Temple. T. Story. litureorth. Norfolk. miller. Sol. Mr. Bridger, Ary.ml Court. Throgrnottou Street. T. Beili.on. Esscsi Bulk Strotford. Kssex, mereMillt. Sol. Mr. 11'illiams. Coptinli Cotla, Throginfirton Stttct. .1 ltailey, Fr ume Se'wood. Somerset, hip tuerchant. Sol. Mr. Litz, Temple. J. Thackero, Maltby, Yorkshire, toill*right. Sol. M. Capes, Gray's lon. 'l'. Sulpin, ISt ittgewater, Sower:et, hop meretim. SQL Mr. l'ais, New It.n. DEC. )46. Young, Laystall Street, Liquorpond Street, milkimui. Solt. Messrs. Hail and Willett, Great Janies . Street, Bedford Row. W. Cobham, km. and T. Jones, Ware, Herts, bankers. Sol. Mr. Bused, Ware. R. Green, Leeds, Yoiikshire, stone mason. SA Mr. Jeyes, Chancery Lane. S. Denman, South Pethertim, Somerset, miller. Sots. Messrs. Dyne and Son, Lincoln', Inn Field% J. Peek, 'foa or Street, sad: iiiiinufiettirer. Sol. Mr. brand, A ustinfriats. I'. Motley, Portsen, Southampton, dealer. Sol. Messrs. Dyne and Son, Lincoln's Inn Fields. J. W. Womack, Norwich, linen draper. Sol.. Messrs. Rear. -don and Mei*, Corbot Court, Gracechurcb Suva. DI VIDES Ds. Jan. 12, J. Rundthrd, Shrewsbury, Imokseller-15, R. Lang ston, Manchester. rotten tuerrhant—ts. J. Sheppard, Gainsbro' Lincoln. and It. Sheppard, litstori, corn factors —t 4, E. Adcock, Birmingham, giocer—*Vt, J. Timilinatin. Mickley, Yorkshire, dealer--E. Singer, Coisley, Wiltshire, victualler—lan. i 2. T. Ilikliwb, Shrewsbury, shoe maker—Jan. :Ili, It. P. Conan, and J. Brown, Liverpool, enopers.-1 t, liamerton, Wansfuril, liorthamptonshire, paper manufacturer. ILHTIFICATES to be granted Jan 11. J. Holdall. Lncapoul. tuercltant—D. Rankine, Pratt Pkwe, Camden Town, manhunt. LAIV INTELLIGENCE. COURT OF KING'S BENCH, Dec. 23. THE EIND V. LORD RADELAGEI. Mr. Jones opened the pleadings in this case, and KAM it was a prosecution institested by John Adolphus, Esq. charging the defendant with using • certain defamatory language, will] intention to provoke the prosecutor to send him a challenge. Mr. Scarlett stated the case to the Jury. Mr. Adolphe's stated, that on the lit al' DeTember last, he was employed as'Counsel in a prosecution at Clerkenwell, against the defendant. •Ou the following morning witness was sitting alone in his ehambeia, when he heard a knock at the door, and desiring the person to come in, Lord • Hanelao entered. The wit ness reached his Lordship a chair. Ile sat down, and observed, "You were at me about two hours yesterday:" Witness said, not quite so long, my Lord. His Lordship said, " No matter, I came to tell you that on that trial ' you chewed yourself a coward, 11 liar, and a scoundrel." .Nothing hart passed previous to his Lordship making this observatioti. He c d, "Four client's case was founded on falst-hood, perjury, and trick —what any servants swore was truth, and you knew it." Witness replied he could not enter into the particulars of the trial of the precedeog day, hut perhaps it %% . 35 not unknown to his .Lordship that his Solicitors had sent him (slr. A.) a retainer the day before, which he was obliged to return. having been retained on 'the other side. Some further conversation passed, in which Mr. Aotaid, in his opening the day. before he had endeavoured to treat him with as much respect as possible. His Lordship said the contrary was the fact, and there was not a person near him at the time who did not sly his conduct was that of a blackguard and a rolfian. Mr. A. replied, he could oily suppose that his Lordship now cattle and used the language irequestion to inditee him to challenge his Lordship to fight a duel ; to which he replied " certainly." Mr. A. answered, whether he sh Id be fool enough to risk his life on such an oce or to file a criminal information. would depend out the advice of his friends. The latter was the most likely ct'urse , anal he hoped as they we r e now ent i re ly 111011 e. his Lordship would not deny his words on any future occasion he said certainly not, and that y on may out forget diem I repeat you are a liar, a coward, and a scoundrel. Air. A. said this was a new course.; he always lerstood, that when men of honour required satisfaction, they either bent a letter or a (demi. His Lordship said he had kAown otherwise, and went away. Cross.•ex,tmined by Mr. Broughain...---lii his reply he rec.allected saying, and e" if his Lordship chooses to prosecute for writing a ilir2atesiing Irate he may do MI, he is %cry welcome, awl I shall laugh at him then, as I 41h now." He alto said, he threw hack with indignation sod contempt, wherever it might alight, all the expressions and all she threats which had been used against his clients. lie would not deny, though he did nut recollect. having said, that ►hey might g() into any iCriininal Court, if the castigation of the day was not sufficient fur overwhentling pride. Hu recollected having used strong language in reply, in con- sequence of the aspersions which had been thrown out by the defendant's Counsel on the character of the prin cipal prosecutors, accusing them of perjury, forgery, and endeavouring to extort money, by threatening letters; and that he should be prosecuted for all, of souse of those offences. Ue recollected saying. "I do my duly in Court, and if any expression has escaped me ealcsilated to give offence, I am known where so he found ✓ ' but that did tint apply to Lord Ilanelagh, hot was a reply to an obsersaiiun from the Counsel on the other tide. The Jury found a verdict of goi!ty agaiuet the defendant. On Wednesday evening, .Jr. Nadi!), accompanied by a 'iron detachment of the 9th Lancers, and several police officers,set.out with two stage coaches littry. On their arrival there, they proceeded to a place where a number of persons were assembled, 7of whom were taken into custody. Three more were apprehended in the town, and with their 10 prisoners the party returned to Manchester, about midnight. We do not know whet charge is all get' against these persons; but we understand they were committed to Lancaster on Thursday, and that Fletcher the spy, who gave evidence ►n the committal of 'Knight, wu the Women against thew.