The National Register. — London, England, 1820-03-27 00:00:00

100 lIA f •• _1 • _ '1 (Contiimed frogs pap 97.) Serjesnt V inghaise. teas tie too would have made a delightful Attorney . General to the Emperor Nero. lie bad told thesis, indeed, teat hail he lissel at the time of the o volution, he would have applauded the seven bishops lor what they had done. It was um' ate that the learned gentleman's patriotism should 1w ante s% veil, and that the conottry could not reap the benefits o f i t at t he p re sent moment. The learned genlknlan WAS a nun of classical literature, and he would therefore itguind hius of the hue its the Roman Nullis cat graves percuseut Achilles." There had been AU meant that at the head of which was Mr. Fox—under whom this power of tiling ex-olicia informations had never beets rxercissed uut tit one iestance. If indeed it were pos sible to defend the existence of such a power, it most be whilst intrusted to the discretion of such men as Sir S. tel Rtsmilly . . The case selected for proseut Ma was that of a writer in the " Morning Post," who had pub lished a statement when a military force Was about to sail on a foretell expeditiun, declaring that the vessels in which the ao'sliets were to be embarked were not sea-worthy. It was not easy to imagine any thing more mischievous or ttttt re likely to produce mutiny, and if false, 'store deservine oh reprobation than such a state mere. 'roe gpiences tiiielit have beet. meet serious, slid it was elm .reed in the information, that she metier so Illlb1:014 41 was altogether untrue. Had it been other wise, he fie site s hould have thought the writer descry ing of th mkt and Approbation, ;ether than a criminal prosectitiolt. Before the case came on for trial, the ministers were dismissed from office, the miter with drew his plea of " Not Guilty," thereby admitting the falsehood of the statement winch he had published, and Ins palltuts hat tug got into ;sower, he was timer called up for judgment. lie alluded to these circumstances in order te show the stature and slain of these prom cuti tttt s. liod fll r. Locke written his work *toot govertiment a few years before, McGrew' lawyers uould have des cribed it 35 a wicked and mightiest, lilt I. It had, how ever, ever since its appearince he. it regarded as a most %eligible and instructive omit. With regard to our enjoying a free press, it was a blessing enjoyed in the face of all ei qffiCio intonnat i ou, which the Attorney. General might file and abandon as often as he pleased. He snielit retort to this proceedieg till he Seel eels comity accomplished the visits of an individual. I/ WJS Slut. per haps likely teat he should go to these extremes, though in this preseet case he conceived that the power had beets scandalously abused. Nothing could be more vague or indelloite than the charge against him ; he did not believe a precedent for it could be found upon the files of the Court. It used to be the practice in indictments to use the words vi el arttit, and to allege den force, had been used, In an action. he might justify by proving toe troth of what he had written ; but teeter the cite ttttt 54411CC11 in which he was now placed, it was impossible for hint to make any defence. lie was left utterly bare and u n protected. He had beets &prised of the advantage resulting Rom the interven tu tt of a Grand Jury—an advantage wbiell'lse must conteiel was one of the birthrights of the ste ject. It had lot ti said that grand juries %vete institute d in time real vita ; hut a very shstingnished lawyer denied that rruposition, and cited the case of zits appeal, its which, thosielt lel: ea , insinediaielv affected, no grand jury was allowed. T:se olject of that institution was die maintenance of impaitedity, and the atteinment of 5111/31:111lial justice. Upon a charge of libel, which was an offence of so indefusite a nature, the ftsticiions or a grand jury were peculiarly important, and became indispensable to the accused, if lie were to have the advantage of a full legal defence. The circumstance of his being tried by a special jury was in itself evidence that the offence with which lie was charged was not of a very heinous character This description of juries was first selected for toe trial of cases involving couselicated accounts, and they were had by the consent of both parties. Although he did not think the Allegory fe.'..eiscral would obtain a verdict against him, vet even in the event of an acquittal, he should h ee been teeny well punished, by the expense, latent', anti anxiety to which the prosecution had subjected him. As the offence of libel was not called a critic, but a misdemeanour, which meant simply a a , it might lie imagined that the plunge mein should Ise preportionetely light : but no sootier Was a ilerenbot round guilty, than b e offence appeared to grow in magnitude ; it was Protcusel ke, cnntinuelly chatigieg its shape, and always to the disadvantage of the accused. Felsetio el, which was its ordinary cases the ravarnes of the complaint, was Quieted al o gether in tee information against him. How could the allege:too of falsehood ever he looked main in a criminal proceeding, as mere surplusage or orna ment He should be glad to know how an ni g:lenity:it would read, if it tve:re alleged in it that the defetelant had truly, in'tv,.d of falsely, set forth the matser of his conspedist Now, the information meant, if it theism any thing, that he was desirous of exciting diestrecsion, and hall an lute rest in producing glisorsjer. Hr would, however, assert, that it term ins jeusibie to impute to iiiin,w tilt any colour of pro.esbility. aka li OliVe so Cilltilllit Skid arta of this kind. The At torney General had stre.seer motives than lie could have for dottig what Was W rots Co nasteltsch us stir learned gest. ticman had his Moline to make, while ne iS,r F.) was S.11156:(1 .VIIII what lie was already in pesse ,„„ 01 . A . an English esettlegnati, lie vale-cued ii itself Omega to n *sit, its ti.lltilJllll the rights of bit cotustie men ; and he could issosv twat this had ever heels site prerailissa bent and ilis,iositiett of his stood. On all occasions lie had endeavoured to illll/11:4i CII ilia mines oh other independent g. ink:meth that the g asest danger Arose I the want of nitwit tirtwerii die more powerfill classes and the people. Sat hi 4as dimes had fur their sogject, hot to ceche diselfectiete or to produce I.4ralivn, hot to te.t,tlilavia cow•mti an.l nitiniesl good will. it was A 0,1411110 suppose thin his finding Nett with cabal .111 10•1' .1 t.;(0116 at ItleilOder could exette a,i•nact lion to tineUoVea w neistain gat the aulditia. It salsa excite 44- 'oo'. ei TIM NATIONAL REGISTER. affection to himself, it' it provoked any sentiment of that imitate. But were /411111[f/4, because they had served cre ditably abound, to be sanctioned in cutting down their country mem at I ? The Idle!, !lows ser, was charged tank being " of and concerning the govet nment of the realm;' and indeed !lois was the only charge %hick he could joistly be called ion to meet. The trial had in fart goose genie tar enough to put the prosecutor. out of Court, for all the I videace we ht to slioW a pnblieation in the county of lidiilesex shnec. (The Homo aI, le MIIIIIIII alter some further ole-ersatillll4 with fl•g:11.11 t o the mo or, entered at considerable leogth into the silkier., of a fl . lol in, of parliameid, and Toned A 1.1114 list of atothoeities favor able to the dont ine of a noire extended !einem-minion of the people. Amongst these were Lord t:ltstendioit, Lunt 1301111Onuke, Swift Locke, Lord Catudeu, Lord Chatham Mr. Justice Bleekstone, the Duke of Richmond, Mr Pitt, and Mr. Pox.) 11.- was ashamed to weary that in with so otiany quotations, boot It was of the greatest Moon lance that lie s hould not he so.peeted or treated as if he used re form as a mask or Cocci* for hostility and noischieviomme.s. It aas too much to talk of reform as wild and visionary, mien it 11/Iti been siippodsted by such men and with so •Ie abilioy. His object ill 1011)2: there statements htmloo e them was to show, that there aa. no culpability in loving ft ceilono. and in endeavourin_ to ~Mein that Pal liainen t ory !reform whick was essential 10 the welfare anal liberty of the people. For himself this had been h isobject from the con iiiii foreland of his life. He %mild read to them extracts of tie speeches made by hint in Pat liament un four Several motions. They had beard what Chief Jat•tice I Ink thought of soldiers interim ing with the execution of the laws, anil they could judge atwitter he ttion4lot them a part of the gover ttttt rut. Bin Black . ..tone's language, he was efrald,tentled to excite disaffection far br)Oild any thing in his It tier. H. re the lion. bort. rem' Blackstune's observations on the danger of a dedinction between the soldiers and the comintinity—.the ritelly of having a body of men reduced to a stale of servitude in the mid -I of a tree nation. The utwai ider of the hon. hart.'s speech, and the de tails of the proceedings that followed, we are obliged to omit, for want of room. Mr. Set geant Vaughan replied at considerable length. Mr. Justice REST, atter basing observed, that all that had been .aid can ex-officio informations, on special jilt its, on pat Hemet , /try refire no, and on evidence respecting the Mani heater puuerdiugs, wad exttioneons, pi ()creole(' to state his opi, ion, that Leirestershire was the place of pub lication, and was properly made the place of prosecution. Libel and sedition were nut charges that conic{ not he grappled with, and that could not lie nutlet stood. It was mans tenate to have quoted f who were both discontented. If the paper in question was written with the same pure spirit with which Locke, that great and immortal writer %tote, it was no libel. W 'thrall liberty of the press there could he tie free go veiument. find forbid that he sitanthtl ever discontinue to feel attached to it. But the question was, wheth. r this paper did not excite to disaffection? or, in other words, was not addressed to the passions? If there weir only a few intemperate expressions it was no lihe I. But if the MI iter matt d what lie could nut have known to be tine or false, if lee addl.:Abed 16111,4.4 f to the lower orders, lie felt it his duty, in terms of the set of pal liatateut, to direct them to final the defendant ghiity. If they Mel no minion to suppose I • wrong, they weer to take the lo.v f him. lie had then no hesitation Lt saying that it was a hind. Was it proper that a 111416 of education and high stotiou, like Sir Ft etiet• Burdett, P 1104141 state that blood had 11eI . 11 spilt. became he 11,1 , 1 loused it in a musting paper? Ne ttling occurred that could l i mn any excuse fur the mull isitemperete man, in saying that a feign of terror and blood W 44 cnouneuceil in this rummy. If terror and blood were on one side, whet must have beep 4111 Ilse 4111114? lie was sorry to find the passage which stated, " a 111411 ran die but hate." There never was a niore Steil:mg in stance of the muck heroic. Ta • +kleinlaut koew pet tedly well that nu attempt would he made to Midi - tip , the meeting at 11 , ally one tell hum that say thing could be eerie piegnatti with mischief than the passage respecting the piiiiisintient of soldiers f The ti vet nment rested not on the arty, 6011 on the alfeetions of the people. If the paper ass calculated to du infinite mischief, that mischief must have been intended. More poisonous Mgt edients never were condensed in one paper. The Jury conversed together in the bee for abort 2 minutes : the freeman then stepped Into his place, and called out, " Guilty of Mr. Denman remarked, that the verdict did not find the pulr- Donlon in Leicestershire. Mr. Sergeant Vaughan contended it did. Mr. Justice Best (to the foreime.).—Do you find Cie Jibe: pub lished in Leicestershire ? Foreman.—Guilt' of libel in Leicestershire. Mr. Justice Bests—You fiad the publication of the libel in Leicestershire ? adorer rat e.-I'ei. Mr. Justice Flesh—Had you not !weer then find the general verdict," Guilty ;" tl.at is the canhakei term ? The Foreman assented. Mr. Justice lie-t.—Was not that your meaning when you found your verdict ? Fore . llll4 l •—Yt. , The trial emied at half past fire The Court remained clouded to the greatest excess till the end of the triad. The most wain silence was preserved on hearing the verdict. Sir Franco.. Burdett. on leaviag the Court, was aitendiel by multitudes which could with great thfliculty pour along the streets b-tween tine Castle and the Three Crowns. hey waved their ears, and cliecied the whole way. As t h e y see med unwitting to retire without being athle•sser, Sir ['ramie. loom the window, thanked tnem for toe interest they took in his Lichen*. lie admitted that he fed some thsappoint. ment at the result of the verdict that day ; but that it. like other similar measures, ultimately led to the pnelucilon of public good. Ile trusted they would Men quietly oispetse, with winch admo nition they iestatitly comp7iea. The trial 11.42, 1144 over unit nearly Six o'clock in the evening. BRAZI L MAIL. ....... Extract of a letter, dated Rio de Janeiro, Jan. 11, 18t0:—" We have letters from ILICIIOI Ayres to to the 6tb of December, but they contain nothing of any interest, except a Chili Gazette, of the November, with a letter from Lord Cochrane, of the 6th October. His Lordship sates, that on the let and Sd October he had attacked the enemy's squa dron at Callao, but without the epected effect, although w:thout any kis on his side; that the Congreve rockets did not answer completely, for want of sufficient precision in their direction ; and that he, therefore, was going to remedy this defect, in order to make a third and more effectual attack. To the date of that letter, the Santelmo and Nu eva, Spanish ships of war from Cadiz, had not yet made their appearance; it is reported, however, that both ships have put into Valdivia, and that they still may be in a state to engage Lord Cochrane. " The correspondence from Monte Video comes down to the 14th November inclusive; according to it, th e Spaniards, who had meditated the rising of their countrymen against the constituted authori ties, in case of the arrival of the grand expedition, remained still confined on shipboard, and had not been sent to the Brazils, as they wen!. to be tried at Monte Video. " The same accounts add, that Fructooso Rivera, one of Artigas'n most distinguished chiefs, had de elaml against him, ant in tour of the Government of Buenos Ayres. " The deputation Pent by the Cahill° of Monte Video to our Court had returned and brought the most satisfactory assurances; their substance is said to be to the following effect :—That his most Faithful Majesty would on no account suffer his fbrees to second the operations of the Spanish expe dition from Cadiz, if it should make its appearance in the river Plate; that the state of v olities in Eu rope might perhaps nut permit his Majesty to defend Monte Video acainst the arms of Spam but that in such case the fortress should be given up to the Cabildo and inhabitants as early as possible, in order to enable them to collect and arrange their means of defence." EPI TOM E or THE SPANISH CONSTITUTION. As digested and estatdished by tla• Curie% ia 1 HI t, gvid rt.-apt:A, 4aactiut;cl, and adopted 6y Ferdinand VII. in ISt:O. The Spanish fiction is free stud independent, and isnot, nor cannot be, the patrimony of any person or family. The sovereignty resides esientially in the nation and the right of enacting its fundamental laws belongs exclusively to it by this same principle. All Spa Mart's ate bound, witlisut any distinction whatever. to contribute, in proportion to their nictins, to the expenses ot the State. Every Spaniard is also bound to defend his country in arms, wl.enever the law may demand his Governntent of the Spanish nation is a 'halted, hereditary monarchy. The power of making laws is fixed in the Corti; jointly with the King. The execution of the laws is fixed in the King. The application of the laws in civil and criminal cases, is placed in the tribunals establ.shed by Iha law. The right of granting letters of citizensaip to foreigners is: lodged in the Cortes. Citizens alone are elf; ible to municipal otfie.,s, and permitted to vote for Mein in those casts pointed Oat by the law. From the year Ititti, all those who claim the rights of citi zenship must know how to rind and write. The Cortes consists in the union of all the deputies that repre sent the nation, nominated by the citizens, in manner therein stated. The basis of national representation is the population. For every 70,000 souls there shall be one deputy to the Cortes: any odd numbers exceeding 55,900 shall name a deputy for themselves, St. Domingo names a deputy :a un t the Cltra Ma. rine population, viz. that of North and South America, elttts deputies in the same proportion as that of Old Spain. }'or the election of deputies to the Cortes, parisii, district, and provincial meetings shall be held. 'life parish in. (ling; to be held throughout the European do minions, on the first Sundae in October, in the year prei ions to the meeting of the Cortes. [The detailed regulations relative to the modem* election, we have not room to insert. To be a deputy of the Cortes , it is nivessary to lie a citizen 23 years old, with a proportionate income, to he hereafter "iteeithal. The Secretaries of State, the Councillors of State and the Officers of the Royal household, are inelligible as , opines to the Cortes. The deputies to be indemnified for their expenses by a pro vincial rate. Toe Cortes to assemble every rar in the capital of the Lit-g -(lion, with power (by art. lost to remove to any plate, not i• one distant from Madrid than 12 leagues. Tne session to begin on the Ist of March, and contirme three monde , . . . . The deputies , shall be renewed entirely every two years. A nielober is not eldOile to t.o soccessive Parliammts. The deputies swear to preserve the Roman Catholic religion, to preserve the poinical constitution. and to coatlitei themselves faithfully to the nation. N. IL All reference to the King is omitted in this oath. The King is to be made acquainted, by a deputation of 22 menmer:, with the as.ettibly 01 the Cort , .s. Ile is to attend per.onatly at the fouled opening; if not, the President shall open the session witimat delay. The King to enter the assembly ungtiariled. lie is to make a speech, lying what. ter he thinks fit, or send his N avel% to tte l'resident. - fhe Corns cannot deliberate in the pre :nee of the Kit,g. tie sesdons are to be public. The persons of the ile;..t pee o be Inviolable Mr their opinions. In criminal cases, they are to be tried by a tri bunal of the Cartes; roil are not to be soul in citil layr, nor levied upon for debt, during tile ses•,ion, or for one inondi after wards. The powers of the Cure.; are, viz., in the last place, to pro pose and decree the law. ; and to intercept and alter them on necessary oocasinn. To take an to the K'ng, to the Pane' of Asturias, and to the Regency, it, is pointed out in their places. To ikternitne any doubt of fact or right, that may occur in °Met of the succe-aini to the crown. To elect a Regency ur Regent of tl:c Kingdom, whop the con stitution requires it, and to point out the limits wi:Olit mach the Regency or Itegerit must eitereige the royal authority. To make the public uclunowletiginent of the Prince of Asturias. To nominate a guardian to the Xing minor, when the con stitution requires it. They are to ap?rore, previous to ratification, the treaties of offen-ive of subsidies, and the pat ticolars of ammeter. T. permit or refUJJ the admission of foreign .reopa into the Kin lam. To decree the creation and snppressinn of offices in the tri. burials e , tablislied by the oUlliUltltlo3, and also tie creation of abolitiou of public offices. Toth; every year, ou the proposal of the KiAg, Cie land and