The Statesman. — London, England, 1820-08-07 00:00:00

4 I • • I I • t I ; v . d man (Major Cartwright) whose life had been de voted to the benefit of his country. and who in deter iodised to die in the same service." Only Ood, be said, was capable of knowing if they were guilty of the rtime imputed to then,. lie had the authority of Fenthato for saying that they could not Lind hint guilty itliout violating their oaths. He and the other defend ants had been charged with exciting disaffection. If misrule esisted--if corruption prevailed in our system of Uovernment--onglet not the people to speak of it? and wherefore should they be charged with a wish to excite disaffection when they do so? The defendant read a lung exttact front a pamphlet of Mr. Bentham's in elucidation of this part of his argument. He then proceeded at some length to rebut the evidence which made him as a participator in the cbarre, and said that though the Jury might find him guilty, the country at large would pronounce hint innocent. Imprisonment, ►y giving hint opportunities of reflection and study, 'mid only redouble his hostility to corruption.— Though evil report and good report, he would direct all his efforts in furtherance of the cause of reform, and if necessary he was ready to lay down his life in the same service. No witnesses were called on the part of the defend att's. Mr. Strjeant VAUGHAN rose to reply. After the 1••ng and tedious inquiry in which they bad been en reged. they had new arrived at that stage of the pro ceeding, when, in the discharge of his duty, he was called upon to lathe some observations on the different speeches of the Gentlemen who were just heard on the part of the defence, as also on the evidence which had been offered in support of the prosecution. He confessed that, in undertaking this task, he had been placed in a novel situation, by the manner in which the defence had been conducted, three of the defend ante basing been represented by their Counsel; and two others appearing for thenssels•s. Fur his part, he apprehended that the Jury by that time had alto ether lost sight of the nature of the charge, and it ir•eame, is consequence, his duty to bring hack their attention to it—for he was persuaded tint, when thee came to consider it in all its bearings. as well ;as the evidence by which it was supported, they conid have very little difficulty in coming to a determination upon its justice. 'the Jer'y could not fail to observe, that a good deal a talent had been displayed be some of the defendants, particularly by the Gentleman who sat opposite him (Mr. Wooler). At the same time the Jury could not but perceive that eloquence and algessuity were not argument—anti that however entertaining might be the addresses to which they had listened, still flitch of what had been said on 114 behalf of the defence was unconnected with it—and eluded with prudent design the charges which bad been preferred against them. Nothing could he snore easy than to• say, as the defendants did In this in • 'sum that the charge was out intelligible. No charge, be could assert, was mere easily nnsferstood. The defendants were brought before the Court upon two at-eusations—the fleet of which was entering into a conspiracy to excite discontent and disaffection against the thwernnient awl Constitution, and the Commons House %of Parliament, as by law established ; and the Nees's:cf, conspiriug to elect a person to be the Legis latorial Attorney, and Representative of the Inhabi• hitants of Birmingham, and to claim admission into the House of Commons as Member thereof. Nothing I ould he more simple or intelligible than these charges. rbe length of the indictment had been made the sub" jr;:t of much animadversion. Yet the Gentlemen of the Jury ought to know, that the extent of it was caused in a great measure by the insertion of extract, from the inflammatory speeches of the defnehmhs--and introduced for the fair and manly purpose of giving the defendants an opportunity of si - colng away the effect of them, as tending t manifest tteir intention throughout the whole of their conduct. Mime portion of the remarks of the' Gentlemen who s2sdris for the defence, related personally to him. It was s kid. that be acted from unworthy motives—that he conducted the can with improper feelings—and a s:verity that was uncalled for. Knowing, as he slid, wises he represented upon that occasion—knowing t`.at the interests of the Government bad been eon- Hed to hit hands—he would have been unworthy of trust reposed in bins, if he did not on the one rd exert his utmost power to provide for the safety of the interests committed to him; and if he did not on the other hand deport himself with as much for bearance and deference to the defendants, as he could maintain consistently with the discharge of his duty. He could assure his Learned Friend that it was, ac tuated with those feelings, that he bad ventured to his address to them yesterday, by congratulating them that they had at last arrived at the merits of the ease—removed from the attention of the Court as they had been, by what he considered as much un necessary proceedings. He was not disposed to re t-act what he had said" upon that occasion, because he was aware that his observations would never bear rise imputation which bad been thrown upon than, namely, that they were meant to excite an unjust prejudice against the defendants. He hoped, not withstanding the charges, open and insinuated which had been made against him upon this occasion, he waisld obtain the credit from all impartial per sons of having conducted himself with candour and fairness to the defendants. At present be would unmet of the Jury, even for the benefit of the defen dants themselves, to discharge from their mine), the armory of all that had been said with respect to the fucking an improper *elution of thase who flied the Jory'hos. The charges of this nature which bad been heaped upon those who had the formation of the Jury were a libel on the administration of justice. lie was sore that the Gentlemen of the Jury would agree with his. that it was unnecesaery to attempt any reply to each charges. He would only observe, that the Jury had been struck with perfect fairness, and according to those principles of the law which had hitherto pre vailed. The Learned Serjeant was here interrupted by Ir. Weoler, wins said be interposed for the pur pun of re-assertiag 'the truth of the statement which be bad made with respect to the wade in which the Jury ball hoes struck. • Mr. &least VAUIPIIAN proceeded. He would re-' pest his request, that the Jury would discharge the puttaketiciit of all tharpasseil before entering upon the litionodiase 'subject which they were called on to try. Me owned be hid- some dilbenitY. in selecting from THE S the nnmlier of the defendants, the object of Isis first observation. '1 lee gentleman opposite to hint (Mr. IVooler) had however offered himself more immediately to his consideration, and to hint therefore he bliu it'd apply one or two remarks. The gentleman had com plained that Government hail been the occasion of the defendants crime, if such they eon 111 l itted, by permit ting the meeting to take place, knowing as they of their agents did, shat such a meeting was to take place, and he (Mr. Weeder) had then proceeded to challenge him (Mr. Serg. Vaughan) in peremptory terms to state what particular law the defendants had violated. He (Mr. Serg. Vaughan) hail nut said that they contravened any statute law ; but snre he was, that they acted in direct hostility to the common law. Was any man so inexperienced or so absurd, as not to acknowledge the necessity of every Government, being from its very nature possessed of an inherent power of self-defence, and of inflicting punishment whilst prosecuting the means of that defence ? What could be the pretence fo. saying, that to excite disaffection to the Covernint at of a country was not contrary to any law ? Mr. Wooler-1 ' , ever said, that it was nut illegal to excite disaffection against the Goverinent. Mr. Serg. VALI:II.IIC.--It is impuisible fur me to proceed, if 1 am to he interrupted in this way— Mr. 11'uoler-1 pledge myself not to interrupt, if you do not misrepresent. 1 repeat, that what 1 said could never justify the hoe, pretation siss have put upon it. Mr. Sergeant Vaucnse.—The defendant clield not deny that the conduct with which they stood charged amounted to a gross violation of the law, and there fore the only question for him to vonsider was, if the, facts were made out upon which the eliarges Were founded. If they wete Route out, the law must of course apply to them. In his mind, the continct of the defendants so far from being t ndured by the law, approai lied the guilt of High Treastin. At least it appeared to him the highest misdemeanour of which a subject could be guilty. What ! arraigning the iu tegrity of the House of Commons, denying its exist ence, and atteuiptiug, of their own antiiiirity, to de stroy it. This was no violation of the l aw ? Bus, s a id the Gentleman, (Mr. Wieder) " II by did not Govern ment interpose, and prevent the existence of such an illegal meeting ?" lie (Mr. Sergeant V.) nould ask, was_there any thing in the public advertisement, or' the notice transmitted to time county atter announcing! the meeting to raise a suspicion of the true iin•ure of the object. for which it was convened. The words were very vague--they suggested no presumption am Illegal ‘. meeting--on the contrary, if the meeting proceeded I consistently wit h:the spirit of the advertisement, it might ' hare been perfectly legal. '1 he I lentlensan had said, that this was a trial of prineples; no sus 11 thing ; it was atrial of intlit ideals for certain acts oft seditious nature, and calculated to destroy the athecti• na of the people for au integral part of the Legislature. The Gentleman had misapplied notch of his time in asserting, as the privilege of Englishmen', the right to hold what opi nions he pleased. Yes; an Englishman bud the right to hold whatever opinions he pleased, and to publish than also; but he must all so, subjeclab !he restrictions which the good of society required she placed upon the exercise of arch a right. &moire goer Nil.% et pod ',notice diem:, was the maxim of the Constitution. He aereed with the Gentleman upon the abstract point, but it was as to the exercise of that right in certain conditions of soeiete, that he differed with him. 'I he prosecutors had been charges! with au unbe coming anxiety to produce verdicts upon charges of this nature. Vas this imputation justified in tltr pre sent instance ? They had heard much of ex-ojfein informations. Was the mode of prosecution by such instruments preferred in this case ? No : yet in the very teeth of this forbearance, Government was charged with entertaining an anxiety to procure con victions upon charges of sedition. Again; up to a recent time, it was a secret even that Government had really any thing to do with this ease—he did not mean to say that this secrecy was observed through any design. The prosecution was conducted in the mildest possible way. Through the whole process the same forbearance bail been mainteintd ; and when it was represented that the names of thirteen of the Grand jury who found the trite bill against the de fendants, were included in the Special Jury list, they were removed without hesitation. The Learned Ser jeant then proceeded to vindicate the doctrine which he asserted in his opening speech respecting the power of the King to issue writs or precepts to such places as were not before in the enjoyment of the power. to elect members to serve in Parliament, and stated that at all events, it was extremely doubtful whether or not such a prerogative existed its the King. Thelast case in which it was exercised was that of the Borough of Newark in the time of Charles 11. It struck him that at the passing of the Act of Union with ScoJand, a sort of understanding prevailed that this power should cease, although there was no direct Act to extinguish it. The act of Union determined the re lation in which the two countries were to stand iti *itch other. England was allowed to have 513 re presentatives, and Scotland 45. Now, it was a ques tion upon which much doubt might he permitted to be entertained, whether or not it would be a breach of the Act of Union for the King of England to, dis turb the proportion of representatives by increasing that portion which England enjoyed. However, this discussion had nu reference to the present ease, for the election was proceeded upon without any such writ. The Indictment did not report that Birming ham had no right to participate in the elective power ; but it stated that they proceeded to elect without any antlitiri7. is r. Wooler.-1 beg leave to say, that no such a thing as the election of a representative bad taken place. Mr. Serjeant Vavonsx.—lf the Gentleman meant that no valid election had taken place, be (Mr. Ser jeant V.) concurred with his) —hut lie would repeat, that the Meeting did all tie tlply could in their weak-I -nese to elect—there was gelseife Made of a Legisla torial Attorney, and Represeibitfire in Parliament. Mr. iVooller--Not in Parliainent—the words were not used. 1 Mr. Serjeaat V•I:GIIIAN-.--the words of the 7th MO- Wide was, that Sir C. Wallaby is elected legislate rill Attorney, Ike., and Is initructed to Crain admis sion Into the House of Consisons as Member thereof.— A 514 What language could be more strong ? Was it not perfectly clear that the assembly intended to make choke of this Gentleman as their Repiesentathe to sit in Parliament ? What was meant by Legislatorial At torney—if not a person who was to act ise a Legislators capacity. If Sir Charles Wolseley was elected, the postman of the meeting, as was said by one of his Learned Friends, why was he to claim admission as a Member of the House P With respect to what he said, in au abstract point of view, on the subject of conspiracy, had been strangely misrepresented.— What he said was this—a conspiracy was so odious in the eye* of the' law, that though a particular act might be in itself perfectly legal, yet that a conspiracy to ef fect it might convert it into an illegal act. This prin ciple was capable of easy illustration. A jonrneyinaa in any branch of trade thought proper to affix a err- Uhl price to his labour. Ttais was uo illegal act. No law prohibited him from doing so. No law_prokibited 20, 50, or one hundred persons from doing so indi vidually. But if they conspired, and concurrently refused to work but upon their own conditions, this general concert rendered the act, which, as indivi dually committed, was innocent, highly illegal. The Learned Bentleman proceeded to illnerate this doc trine, and apply it to the circumstances of tit's ease with much force. They were not there to exercise the exi.ediency of reform. If he was called upon fur his opinion, be might perhaps be disposed to add it that the state of the representation might be improved by some alteration. it was nut because they wished to procure reform that the defendants were subjected to this prosecution ; but it was on Account of the mole wbeh they adopted in order to bring it about—it was because they wished to indatue the public mind, and excite what they called a general sensatiou, which the House could not lung resist. For those lamentable measures of severity which Parliament was compelltd to enact, the conntry thank the reformers. The Learned Coun , el then went intoa detailed examination of the evidence, commenting upon it as he proceeded with his usual ability—collected those parts of the tes t timony of each witness which implicated each of the defendants, and applied them with great ingenuity to the illustration of that spirit of illegal concert in bring ing about an illegal object, n hieh he Alleged wpm throe severally. Ile then adverted to the inscriptions on Sage, vcpatiatiiig upon their t •ndency, nutter the parti cular circumstances in which they w ere introduced ; and, lastly, examined the particular speeches which had been addressed to the meeting, in order the more completely to elucidate the spirit and the views of leaders, consequently to show them in this part of their con duct, pursuing the same purpose, and acting consist ently with the plans, which, he comieniled, he had de tected at a more early stage of their proceedings. The case being closed, Ihr Lord enter Wixom proceeded to sum up the evidence. His Lordship represented to the Jury that '• were to occlude from their consideration several Asa upon which they had Lem addressed that day. 'they were to pay attention merely to what the record placed before them, and to try the question whether, Of NW, the °Serve chargtAl in the indictment against dsefefendants was committed. His Lordship stated the charge from the indictment. He said it w:s a 'charge of illegal conduct, end if the defendants weve guilty of it—they were guilty of a misdemeanour of it high. nature. That such was the diameter of the offence charged, he had nut the shadow of a ' doubt. The only question then for the Jury to determine n-as, had the charge been sabstantiated ? , and upon this question they would be enabled 'ha satisfy themselves by considering the evidence Wire them. His Lordship then read the evi dence at length, interspersing a few comments on the Modeller of several parts of it, and pointed the at en don of the Jury to those circumstances, which showed, ip his opinion, a concert on the part of the defendants. He ~marked, that no evidence "bad been b ought for mod by the defendants, and although it could be Insets more gratifying to him to find that any man Was innocent than guilty, yet be felt it to he die duty, se this oceasionjo state, that he had, from the state ments of the defendants themselves, received an in:- gression that they were fully guilty of the charges which the indictment set forth against them. It would be in the recollection of the Jury, that on the previews night be bad refused to one of the defendant's . Counsel (Mr. HIII) the permission to read a written defence, after the address of the Counsel in his behalf, and he did so, because it was irregular, and highly in convenient. However, he hail that day, in considera tion of the circumstances in which the particular de fel:dant to whom it belanged was placed, permitted it to be read. He now regretted the indulgence, for, as the Jury could not have failed to perceive, it contained many—many things wholly contrary to law. He felt that it was unnecessary to add a single word mote. The Jury were in possession of the law and the evi dence, and to them he resigned the determination of the guilt or innocence of the defendants. The Jury then retired, aid after cousaftiag together eights - • -4 Guilty for ateen minutes, returned a verdict of against all the fire defendants. Befiire the verdict was handed in, three Bills of Exceptions on the part of the defendants, to the opi nion of the Judge, respecting the objeeiions which bad been urged in theirbehalf before the trial were put in. The Judge assured the defendant; that they should have all justice done to them. The dignity, modera tion and impartiality of the Bench were never more conspicuous than in the deportment of the Learned Chief Baron from the beginning to the conclusion of this trial. The defendants &Ind in him a patient and indulgent judge. He gave them every facility foe their defence which they could po.sibly require, even the omission of some of those forms by which rep lan', of the proceedings ig held 14--at the Paine time be Awed himself ready to enforce the respect and de sotut belong to a Court of Justice. , Tl:Ter boys, named John Barrett, John Rend/ and Jaws Carter, were examined *tea charge of picking pockets. The prisoners wen observed in the act of inking a handkerchief from the pocket of a Gentleman Long-acre. soil perceiving they wore noticed. the, threw down the handkerchief, and net 4 tannin they wet* pnrsaed'and secured.—Fully committed. l 31 E IWOROLOGICAL TAB: The heat having progressively isereeseilderlo6, the ',tooth of July tenni sated like the meellsoff ene.(aagi similar causes), with a violent thesder storm, am' accounts ai have been received, this storm ',- traversed the elude of the south-east angle t to have been limited sable a line draws free Hampshire to the county of Norfolk. The distrieis perieueed rage most severely were Sasses, sfolk. In many parts of those swages, tied with hall of seine unusual site es to kill and multitudes of smaller birds, am 4 to have as to lie more than a foot high epos doe gressi, stow mid its neighbooroood, it wullesemend e d, ease, which gave seelt levee to the hßli, ems b. tied villages every whales , having, Waile6l The tempest hat leg essommeml ahem Mil., tants - arose from their Mikis the ar of the females minellog With die WAR' the roaring of the thornier, IMO reputellid palling. Much eons wits heat down, may her script of their i•lants, sled aniuroas tree. wr their roots. The damage don la that town hood, and tepee i ally sawn *shop pl an tattoo s is In Isondon. though the uriudgaribee was little, tl tremendous. The peals of demear were teed Gat the dashes of lightning aaseempealy vivid, at, remain', and the rain fell doss la torrents. Ne ar p.wid-street, two houses were street by the lightaiss, s s ,l7, p near the Commercial-road, but happily so tires we ls , The duration of the storm over the metropolis S hours ; and, what is to be remarked as arm sequence, the following day was remarkably' and serene. *raid. Ang. 6. •rwitstsinsisTait. 1 6 ; I II I 1 o'clock. i o'clock. at night. Jul.)? 121, 5.,.... IV 78 66 3u 31. Nl . 70 68 70 29 A. I, To. (4) 76 64 2, 14 . .. 04 72 64 30 3, Th. 016 AS 63 4. F.. 65 74 60 *I) 6, M.. t'l (ki • 6, M.. aaC...il BIRTHS. Oa the 3d Inst. at Peentore, in the manly Lady or T. W. Montedeld. Esq. of a see. On iVednesda) la3t, at Brighton, Mrs. Ralph Nishans, of a son. At Paris. .1,4 27, al:W i 41, : s. Charlotte Otis, wife si Thomas Otis, Esq. homier el platens carer. limt. Thy house. and (in the cup of life, That honey -drop) thy pleasing wife. °CRATES, by his discourse on marriage, to ev raptured his auditors with the saiOeet, Rot it Monied men llrw to their wives. and the Moslem Wesel Is le wedded and " The kipeetator" has allelialothat dieted wife" is the most agreeable sad delightiMeamis im a m The sacred lostitution, then. of Mani*, eadiassell tie desideratum of owe enjoyment ; teesilas set silly dither shifts os earth, but disposing the sod hstitshommina with bliss hereafter. Previous, however, to entering into this hallettei ngi es tion. it becomes an insi.erstive duty, sot odyla passions, btu to eleause the grosser radar Ikea these im purities, which the freedom of uswealdebid Omen mg hate entailed %gawk. To the noels* seek atmsdea sit attributable tuna) of those hapless Meileses, whithollb the ) excite the euoindseradoit of the hedger, thealialst impresq him with the fear of gulf-represeh. Luxurious ha bits sill'elresshise the body—e medusa h the tropics will relax the elastic libre—bst more apes* dues ilte premature infatuation of youth too froqacilly sale promise the natural dignity halo a state of lassies% tot whence the agonised serer move than doubts the elide el relief. To •Il seek them, wo Wawa ~sok a, elk* hope—energy—sussealar streaglll-4blldly ; see Ca OP 86 sees appear questionable, tanelitAsd as they Malty lb multiplied proofs of twenty years seleessilli appetileme. The easy cares of married life, are eesselimardiesiel by the suspension of thous blessings whisks eouse nuptial wreath—for time female habit is ehaseellothillialli! weak—yet it con be strengthened, and &Seim* energy M. proved into fuectionel power. In story ease of syphilitic intrados. as well as hied", relaxation of the generative economy, us pie** ser sMIII to cure speedily, and with elect. Ramsay soNeltalalli expel the unfeeling empyrle from the position so ready taken up, we deviate from generel principles • Preli rth hesitation ; aadeoolident in our owe honoerable tategrity'd Members of the College of Burgesses, we refer the mdlehll community of either sex (especially those enteric* late as trimonlaf life) at ones to one hlese, wbere daily Outlaw Is gives for personal consultation and letters fed* SP country are Immediately answered : these mast cestales remittance for Advice and Medicine. which eel be ((await, to any pert of the world, however disbud. 00814 and Co. M. R. C. Surgeons. 11, Roe eerie-street, Pleet-street, Londe& ••• Private door mend the earner. Just pehllsbed (Tenth edition), • The .8013 of LIFE, a familiar commentary se dor evert Diseases. By (TOYS and Co. Addressed to the Yeatkead Maturity of both Heves. May be had at 90, Pitentester-row; Pall-niall 110. Prinerv-street, Seim ; 17d, 1.1 " 61111.41 and uf all Booksellers. Price b. " What slight neglects. what trivial faiths destroy " The hardiest frame I" ANBSS RS. CLi RRIE and CO. bariagdevolad ISM 'elves to Ihr study Of. aad been gratilled by the sal considerable practice in them harmiso et ths p which they thought proper to mied, Soak that dior ti myears residence in this metropolis. their lehmts are so ows. and their reputation so adoellthed, dot no art logy Is requisite further IlwealheruC ksi les t ß preelite. It may he proper al althe i thot Risk is cativo has been of the Mat death Gather ere Illeebansf the Royal Colleges of Loadosund Idlalthigb I tad es sew factory , evidences of rho both of this olablithild.ll l lkillr was and testimonials may he am at oar Won, /fa listtoo-ganiss. *her, Owl rfer 0 ellqi est sot-rosy sad honour by patients of am. a iblibill t any of the folio% ing completer. :-- r t aiiso li anareal fur which they have discovered a Ili* la a complete substitute for mercury la 'Swaying/It bet has sive the advnetage of oradleatiag the filthrikr out debilitating the constkittlaii.-11. la eases of Dehillty and Vascular Reissalioult whether or Theist esteem'. by the lomodurato saloyaisala of pleasures. or by solitary sessuality. urban '• TM vivo, sighs, tho ballad's sun. The &weskit, pars, a e sd i a s liosa Dies from the Rim with Ifirrlifl Devoar'd. la sallow shad.' Messrs. Currie sad Co. on la of a Ifedleo_ No _,. the stands unrivalled 'ants raw* dieggy.is ithiel lo w thoopthaseulsr ibis et the patios', li "igts mini iglvfla, sad rosstabilaldag lithelgour, ve r r i thoot ee nthollf sabstltatiss, melba Waft.** to the dasgspaof art' thpoo.-11. la Strieturosofthothasambliesars.Cassio ssieab phi of mammal he. so Sir allmamod wary Wars rem/ es" that. Stay uses softhil the sallsalaitheili s olii WO: most Miss of throe tre Ihee as. arse wdlilshWittiralli.rosituuTet lidr, MIL la the am of mai e( *so Ilitlir P iti RIM hoireatod with the 'Maud alt Mt is the same as that ar In the votary are Mt ego, sod 04 0 sa moth of ai sg MGM ohm Ohs Marryimodieladia lIII* I°IIII. lame am, part 041, werld.--110. WII. Ihllliir' 111 = 11111161" Lt mill ir se Pillialad p ow arv:o4 l6 : 4l.lP aiss ie f PINP*9O 4 •. $4 arreir. Iwo* iss. 49.04,. WM* by R. WARDRLL. r ware 211 Ars. sirearms, Chrbirs, as. see roreird Or eilvass& BLit oriat tek iofJone ( to g . &mfr., ruk. mei sits e o:fr i Z A d lk alt fres r 4 ai4611111 AlstArt s d oe a l saasaa, 41a. restr e rti . w . amp is t Ili; Pashetilli s 2 t. liners! m ob ,a l Peet toessit Oho M I6 hoodoos Am is wily . lbor ftais woo i lasiakes r a sod ions is maw ft,. gmlissps Id Ad o i s , ts- Near Li ft , llghtniag, esi or . ro Ares trepotis %as Nrw.t Cry eissul Ay Wll*. as, asasettst, au, la I 29. E pai r .s I 7 re 110. IA Psi; ' ()2 *e rn! 20.8.1 Ism .9.) !Fair Ity W Dom 00