The National Register. — London, England, 1819-12-27 00:00:00

ON THE NEIV ME.ISURES. Paley. in reference to trial by Jury, I►asoltserted, that " in p:oooraion to the acknowledged excellency of this mole of trirl, every dcrirtiou finin it ought to In . St Wiled igilatsce, and admitted by the legislature (doh cannon and relocctsice. Su uoutry cuusit• s b fore Justices of the Peace s csp chilly for offottes aktinst the tome Ito s t r•un.ts of couscitnice, extending iltexittsiliettint of %MIMS of qui far the diblissetion between gm:shims us law and matters of fro, sere all sis nuuy incimeaemenis i1)1111 Iles great charter ril public safely." I'et in the bill "m restrain the abuses front the poblielt 'Oil of 11 1 / 1 11111C11101111 and seditioas libels," there is a clause declaring. " that it shall be lawful for any or more justices of the peace to lexir and determine ally offence or offences which sh3ll I.e cn u ►rnittcd int:that this act, or any oilier act or acts of Pa►l • tent, Wllith ale II) this act to he construed there s.idl, or any part thereof, chid t. suljects the offender to lY pecuniary penalty, not exert ding ." And in the bill resiteeiiitg erd it meetings, •the powers conferred oil Justices of tae P.:4ICC, or any one of them, ore still grerier and mitre 1111111 l rims. These inersiirvs air introduced, it is Lll4Olllll we loupe said truly, tile view nt ;preserving the public ►e ; but un the principles Ir ol down by Palsy, and all uar•cu u st. I ssntrr+, they are directiy hostile lo" the great charter of ;Hittite sairty." And like Mr. Searle% it is " because sve have a serious slid solemn conviction that these new measures will proMce a directly contrary effect to what is expected by their supporters, that w e obiae•t to them." 1 'mead of atithog to the secant's of the Government; .t.iey will, in our humble opinion, greatly lessen the security of the (;overit mein and nue people; and this, we conceive, is the irecessrry result of all which trench deeply on the natural rights, and which directly oppose theniselies to the general feelings and opinions ruf It will he allowed by all our readers. that Hume was s man whose 'sanity was equal to his genius. and who was nearly as conspicuous kir his attacionent to arbi trary principles as for the solidity 111 his judgment. Yet ilunie was of opinion, in the year 1741, that " the general laws against sedition and libelling were as strong as they possibly eirnid be made. NothinA (lie cant tim-s) can impose a further restraint, but either the clappina an imprimatur upon the press, or the giving very large eti-creitonary powers in the Court to punish whatever rlispteases than. Boot these conceisions would be such a barefaced violation of liberty, that they will probauly lie the last efforts in a despotic Govertiniein. We may conclude, that the liberties of Britain are gime hir ever, when these attempts shall succeed." Had Mr. Home lived to the present day, however, he would have seen the poi-ability realised of Imposing further restraints upon -the press ; and such restraints, we conceive, as are more cruel matt if ail intprinsulto had been vstablishecl,• or a law lased prohibiting the publication of all (plutons lint coinciding with those of the existing Adnionistra- Aom. If the imposed measures made laws, the press will have no safety but. in republishing ; and, in this view, it is fortunate idiot past times have pro duced flume, and many oilier great men, whose love of liberty was stronger titan Isis. But the writings of flume, in so far as they have a liberal tendency, are the more valuable, inasmuch as ,his opinions are the clear dictates of reason, and intended to favour and support the Crown still more than the subject. "It has been found," says this writer, " zs the experience of mankind Increases, that the people are no such dan gerous monster as they have been repr-setitei: ; and that it is in every respect better to guide them like vational creatures, than to lead or driie them like brute beasts." Ile had pet lou,ly remarked, that "as the republican part of the Govei intent prey its in En gland, though with a great mixture of monarchy, it is obliged, file its own preservation, to mai Mill II a watchful jealousy over the magistrates, to remove all discretionary powers, and to secure every one's life and fortune by ge neral and inflexible laws." " These poileiplcs (lie conti nues) account for the great liberty ot the press iu these kingdoms. It is sufficiently known that despotic power would steal in upon its, were we not extremely watchful to prevent its progress, and were there not an easy method of conveying ciao alarn in from rune end attn• kingdom to the other. The spirit of thn people must frequently be roused to curb the ambition of the Court, and the dread of raising this spirit must be l'lll - to prevent that ambition. Nothing is so effectual to this purpose as the liberty of the piess, by which all the learning, wit, and genius o: the nation, may lie employed on the side of liberty, and every one be animated to its defence. long. therefore, as the republican part of govern ment can 111•111.1.a111 itself against the 10011 a rchicJl, it must be extremely jealous of the lioerty of the press, as of the utmost importance to its preservation. Since, therefore, the liberty of the press is so essential to the support in our mixed government, this sufficiently de cides the question, whether this liberty be advantageous or prejudicial, there being nothing ot greater importance in every st-te than the preservation of the ancient go. scrntnent, especially if it he a free one. But I would lain Ito a step further, and assert, that such a liberty IS attended with so few disadvainages, that it now be etausied as the common right 01 mankiiid." TIR a liberty of the loess, theiefore, however amused, coil scarce ever excite pripilar t iiiii tilts or rebellion; and as to those intismors, or those secret discuit contents it may occasion, it IS better they should set vein in words, that they o.a;v . come 10 the knossle.!ge ot the magistrate bekre it be too late, in order to his pro aiding a remedy against them: Nlatikistd, it is um:, hair always a greater p‘opension w b.-I eve what is said to the disadvantage of their governors than the contrary ; but ' this inclination Is inseparable hum them, se twiner they have liberty or nut. A whisper till fly as quick, ani; be as VVIIIVIOUS, as a 1111111)11kt. Nay, it will be more pernicious, wilco men arc slot accustomed to think frocti or tlistinguisk bet' ~,‘,l truth and falsehood. • Tilt NATIONAL REaisTr.n. IREL.I.VA (Prom Ike Debars hersti4 .e..st, Dec. 18 ) That mule iodic at lOUS 'Pi a 11 , 11.1:Iird split hate been Man& sted in tire ‘‘ tot ill Ireland, we hate hair 0CC.141110 already to stater ihrit they have been exaggerated, we 4:0 liehrte I but it 14 .4illl tun he dealiu 1.0, IV with tilt pMlhiuc, Ii we pretended that [minims tt melt nary rear hid 04, Were all gun it tip ivy the interested and u!tra-Loy al, The Callao) . ut . Why 111011 is the principal acetic tit this .1411.1110 W. liy 11CC110111% 4411101 we hate Ibis day it CCIVeII iiolll dial part of the Cottony, it appears Mai oh.ny strangers hate 44111110 411 C last sits 111001111 C lilt° ho: , C0.8.111011; soused WllOlll, I their accent. appear in he Englisi Tsiey ate well dressed and well monuted, and oalsouit 41 1114111 al hit nerd ill 1110 varier 111410 4 e1114. WIWI) they Mille 111 a illillsC swear the inmates, the strangers generally enter and :nllllllll. attr the oaths, while the natives remain at a short distance outside." Eflinis Nate been made lotwear the pour 01 Mayo, particulatly those on the tr+rders of Rose iiiiii min ; but we arc haply to state, they hate p ed altogettlet int &chart. .1 tie Magisteites of this county, aided by the Clergy, Protestaitt and CallioliC, bate hillier.° pre relived 1.1).0 from the 0111111i1*1011. The t her. Dr. Ulieity, Catholic Archbishop of *roam, has taken a most at:hue:hid laudable past its this work of peace and humanity. '• a t the risk of ui. Isle, says the hews Cueelie, " be wean to those places where this midnight wiok was said to carrying 011 with rigour, and exhorted them feelingly, polluting out tile ruintainy of their cruise, and die just punishment which :tastier or later must hollow : so ellectital was his reasoning, and the threat held out to :hem, that they tall surety themselves at his feet, and in the presence of till tr God and their pastor, promised to resist, even at the expense of their lives, any future ititrusious of muse emissaries 01 darkness." Hy the efforts of this exemplary prelate, aided by his parochial clergy, Gaiw y has in a great measure bees' preserved front the coutagion.; yet the magistrates are on tilt aim. Au a•jcturtted meeting of then► was held at Moylutigh on Wednesday; his Glace the Archbishop and Lord , Cionbrock also attended. Atter a inmate investigation of the present state of the baronies rat Bally 'nue, Ty - opine, Kill. an ; and Dunmore, it was mu al necessary to have a police established in each barony; and by a general cuncurreoCe of the meeting they ware proclaimed. That the principle now in partial operation has been tr►ost inveterate, will be snamiest from a fact which we shall now state. The Cativolic Clergy of the Arch diocese of Twin had to resort " to •tie of the severest unties of their religious orders, in consequence of the refractory spirit of two Ullibrlllthile Meal who reside in toe parishes where the Archbishop preached on the two preceeding Sundays. It appears these uncut, alter the admonition of his Lordship, launched into the must 'tunable expressions, and entleaa oared to g.io over to their racks the people. Never were seen so many pri sons within the walls of that chapel, or a ceremony which excited such awe. The Rev. B..lirke explained to them the office they bad that day to perform, in cutting away from the church these two deluded men, and said, ti►at nothing would deter them from perse vering ►n their clerical duties, even at the risk of their Ines, until disaffection was -driven from among them The terror caused j ttttt lig the country people was also visible, by the :diming manner in which it wa► ex plained, in Irish, by Mr. Fitzpatrick. This was the first ceremony of excommunication ever remembered u. foam." The conduct of the clergy in the county of Mayo has litell equally exemplary anti successful. On last Suittlay, upwards of 1,000 ()I the peasantry of Mayo assembled at the chapel of Dryades, and preferred a complaint to Mr. Denis Browne, "of various attempts which had been lately made to force them into rebellion. They had hitherto, they said, resisted those efforts, and would continue to do so, if they were afforded the memos to protect themselves. They ctiose six men Irons amongst Mem to be appointed special cons.ablea, who imutedi ately took the oath of allegiance at the alyar, and swore to discharge their duty in every- respect, parti cularly in apprehending any pers on w h o s l Id attempt shake their loyalty, and bring upon them the Lenora reoellion." FROM TUESDAY NIGHT'S GAZETTE. FOREIGN OFFICE, Drc. !I. His Royal Highness the Prince Regent has been pleased, in the name and on the behalf of hi, .Majesty, to appoint Samuel Gregory Marshall, Esq. to be his Majesty's Conan] at o.tetul and it. dependencies. His Royal llighhighness the Prince Regent has also been pleased. in the name and ot.the bsliallof his Maje.ty, to appoint Richard Roclitart, E.q. to be hi. Majesty's Consul at liml.alen. BANKRUPTCY ENLARGED. J. Wilier), Old Broad &wet, auticluant, twin Dec. 25 to Jan. 1, at Guildhall. BANKRUPTCY SUPERSEDED. - _ ... T. Sumner, Hamlet of Bonds, in the Township of Barnum with Bonds, Lancashire, miller. BANKRUPTS. J. Krauss, senior, Nlancliester, merchant. Solicitors, Messrs. Hall and 11 illett, Great James Street, Bedford Row. _ _ . 11. Hooper, Bristol. merchant. Soh. Messrs. Poole and Greenfield, Gray's Inn Square. I'. King, Painswiek, Gloucestershire, clothier. Sol. Mr. Thompsori, Gray's Inn. A. and J. Frost, Macclesfield, grocers. Suls. Messrs. Ilurd and Johnson, Temple. J. Lacs, Grioistone., Norfolk, farmer. Sol. Mr. Wright, Temple. T. story, Hunworth, Norfolk, miller. Sol. Mr. Bridgcr, I Angel Court. l'llroginorton Street. T. Beams], Essex Buildings, Stratford. Essex, merchant. Sol. Mr. Williams, Copthail Court, Throginorion Sirect. J. Bailey, Flume g.lwood, Somerset, hop merchant. Sol. Mr. Ellis, Temple. J. Thackara, Maltby. Yorkshire, millwright. Sol. Mr. Capes, Gray's Inn. T. Rulpin, Bridgewater, Somerset, hop merchant. Sol. Mr. rain, New inn. DEC. WI. - ' J. Young, Lamall Street. Liquorpund Street, milkman. Soli. 3lessrs. Had utul Vi itett, Great James Street, Berlitnil Row. W. Cohl;am. jun. and T..lones, Ware, Herts. bankers. Sol. Mr. Rood, Ware. B. Green. Lear. Yoakiliire, atone mason. Sol. Mt. Ject, Chancery Lane. S. Denman. South Poker -ton. Somerset, miller. Sohn Messrs. tie and Sun. Lincoln's Inn Fields. J. Peci.r, Tower Street, sack manufacturer. Sol. Mr. Gall. brand.Aiistinfriars. 'l'. Nlottley. Portsca. Southampton, 'dealer 'Sots. Messrs. Dym• and son. Lincoln's Inn Fields. .1. IV. Womack. Norwich, linen driper. Sols. Messrs. Rear. dun and Davis, Corby' Court. Gracechurch Street. DIVIDENDS. Jan. 14„ J. San&lntl, Shrewsbury, bookseller -15, H. Lang ston, Manchester. cotton merchant—l...l Sheppard. Gallitano' Lincoln. and H. &Imam% li..ston. corn factors -14. F. Adcock. giocer—Ys, J. Tomlinson, Mickley. Yorkshire, dealer--E. Singer, Conley, Wiltshire, victualler —Jan. 12. T. twitch, Shrewsbury. shoe niaker—Jan. 2G. R. P. Curran. and J. Brown. Liverpool, coopers.-1 I, C. Ilainerion, Wansford, Northamptonshire, paper manufacturer. CERTIFICATES to be granted Jan ii. J. Redd*ll, Liverpool, merchant—D. Rankine, Pratt racc, Camden Ttiern, merchant. 1-41 V INTELLIGENCE. COURT OF KING'S BENCH, Doc. 23. THE KING V. LOAM RANILAIIII. Mr. Jones opened the pleadings iii this case, and said it was a prosecution instituted by John Adolphus. Esq. charging the defendant with using certain defamatory language, with intention to provoke the prosecutor to sett/111in, a challenge. Mr. Scarlett stated the case to the June. Mr. Adolphus stated, that on the Ist of Det.ember lass, he was employed as Counsel in a pros/Tullio' at Clerkenwell, against the defendant. Oil the following morning witness was Pitting alone iii hi s c h a mbers, wizen he heard a knock at the door, and desiring the person to come in, Lord Ranela4h entered. The wit ness reached his lonlsliqs a chair. He sat down, arid /inserted, " You were at.nre about two hours yesterday." Witness said, not quite PO long, my 1.411t1. His Lordship said, " Na matter, I came to tell you that on that trial vou shewed yoursel fa coward. a liar, and a sco !rel." Nothing had passed previous to his Lordship making this observation. He continued. " Your client's case was founded on falsehood, perjury, and trick—what my servants swore was truth, and you knew it." Witness replied he could not enter into the particulars of the trial of the preced:ng day, but perhaps it was not unknown to his Lordship that his Solicitors had sent him (Mr. 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. A.said, Its nis opening the day berme he had endeavoured to treat hint with as much respect as possible. His Lordsbio said the contrary was the fact, and there was no; a person near him at the time who did not say his conduct was that of a blackguard and a ruffian. Mr. A. replied, he could o ily suppose that his Lordship now Caine and used the laiteutage in question to induce him to challenge his Lordship to fight a duel ; to which he replied " certainly." Mr. A. answered, whether lie should be foul en/plait to risk his life on siiell an occasion, or to file a criminal informatiou. would depend on the ads ice of his friends. The latter was the most likely course, and he hoped as they were now entirely alone, his Lordship would not deny his words on any future occasion; lie said certainly not, and that yost may not forget them, I repeat you are a liar, a coward, and a scouudrel. Mr. A. said this was a new course; he always understood, that woe,, tneu of honout required satisfaction. they either sent a letter or a faietid. His Lordship said he had k..own otherwise, and went away. Cross—examined by Mr. Brougham.---In 'hie reply he recollected saying, and " if his Lordship chooses to prosecute for writing a threatening leste•, he may do so, he is very welcome, and 1 shall laugh at hint then. as Ido now.' He also said, he threw back with indignation sod contempt, wherever it might alight, all the expressions and all the threats which had been used against his clients. He would not deny, though he did not recollect, having said, that they might go into any Criminal (burr, if the castigation of the day was not sufficient for overwhemlisig pride. He recollected having used strong language its reply. in con sequence of the aspersions which had been thrown out by the defendant's Counsel on the charac.er of the prin cipal prosecutors, accusing throe of perjury, forgery, and endeavouring to extort money, by threatening letters; sod that he should be prosecuted tor all, or some of those offences. He recollected saying, "I do ray duty in Court, and if any expression has escaped ale calculated to give offence, I am known where to he found ;" but that did not apply to Lord Ranelagh, but was a reply to an observation from the Counsel on the other side. The Jury round a verdict of guilty against the defendant. On Wednesday evening, Mr. Nadin, accompanied by a strong detachment of the 9th Lancers, and several police officers,set out with two stage coaches for Bury. On their arrival there, they proceeded to a place where a number of persons were assembled, 7of whom were taken into custody. Thrce more were apprehended in the town, and with their 10 prisoners the party returned to Manchester, about midnight. We do not k now whit charge is all•ged against these persona ; but we understand they were committed to Lancaster on Thursday, and that Fletcher the spy, who gave evidence on the committal of Knight, was the informant against them; ~;