The Statesman. — London, England, 1810-06-16 00:00:00

r / I *nub! certainly never idinit that any thing *bleb epeke of cruelty or fl ogging, Multi be meant fur him. Tody might 14 *ell say that to %Minister was walk ug through the streets, and had mud theowe at i u i that it waif the King himself who was pelted. tcrtainly did nut invent or cletise those facts upon which I commented ; and it, upon those facts, my tuinnient was somew hat unary and hasty, it cannot inferred from thence that it was my intentiun to °teflon% the Goreseement, or do any injury' to My country. The learned Judge Blackstone (from whom every lawyer in the Court, and even the ',earned Judge, halt:imbibed their first lessons of late),.in speaking of the fora, of trial, states, that the trial by information, tit fifth, was only to bile used in cases of such esowmity, that the least de lay would endanger his Majesty's Government ; or *here his Majesty was molested or affronted in the esereise of his royal functions. In all other cases, the subject is entitled to the double shield Of a Grand Jury, as well as a Petty Jury. Did this paper endanger his Majestyi.s Government ? Was this a case *hick would not bear a mumcht's delay ? of if it were sus *V wee it delayed fur a whole twelvemonth ? If, instead of telling mu a persen disaffected to his :Majesty, they had said that I ilitliked Lord Castlereagh, and that I had Intend. ell and devised to bring Lord Castlereagh intodis. like; T would not have known what defence to have nettle to Such a charge # and I believe that sittst have admitted it to be true. It Was but a Short time ego that this Lord Castlereagh cum. plained in the house df the difficulty of bridging tabu lrrs,td puhishmened Lord ELLeriannoUbli.—ig I must letertapi' you. .Youmusenot make your defenee a meats: of tradnatioti. Ike Wilco''r crime thee 6eeti charged with, of publishing the paptoßthieh. hat. been teed., einatat he deftiadiel by cli t irghese °thew snen with doctrines delitered in Patillaroenf.t'..:__ .• Mr. Cosewr- `t —" I *shall returnj then, - tit that toreee eutistruction which I say the Atteraey.oe. - • tieral has put upon my words. In that' paper . I was ridiculing the meastire of the Local - Militia,' I.—trodueed by Lord Castlereagh. When I set dowe, 1 . 4 Aye, the rascals, flog theM,": . an maii could suppose that I was speaking se. ritnisly, The Attorney-General says, that I meant to say, that Bonaparte behaved with less dreelty to his conscripts than der Go. eernineut behaves to the Local Militia. Now my meaning, in referring to Bonaparte on this ooca. sion, was merely to sting them. With this obserea. lion s that it Would not be prudent for them to bb always inveighing against the cruelty of Bons. : parte, unless they Would themselves leave of seek practices as these. As to making some observe. tons upon the treatment of soldiers, I trill tio* ask, arcs we never to be allowed, open any octal. lion, to say that soldiers hate be• . en cruelly treated ? If one of us was in a garrison town, and saw a soldier flogged to death, (which I hope will never occur since the case of Governor Wall) would it be criminal to say any thing, or to write any thing upon the subject ? What! is every matt oho pats on a red coat, to be from that mo. meet deserted by all the world ;_end is no tongue, or nu pen, ever to stir in his defence ? Who were these local militiamen ?The greater part were then young Mews, probably in smock frucks, just taken from the plough, and ignorant of that sub s:stabilities,' that is practised in the artily. I allow that against a serious mutiny severe measures may be necessary l but then by mutiny, I understand i taking up arms, and forcibly and violently resists log the officers in the execution Of their Military duties. I do nut think a mere discontent and squabble in a Corps about the marching guinea, should either receive the name or punishment of mutiny. I, and other people ) told Lord C 5 from the beginning, that it would cotneto this ; that these local militiamen would be made just soldiers enough to be disinclined to return to labour; that they *mild be so much of labourers as Dever to be made effective soldiers. But it is not always conceived crimitsal to speak of our soldiers hating received cruel treatment* 1.. shall no* 'read to you many extracts of speeches delivered in l'aqiament, respecting the treatment of the Bd. li Army in Welchem'. The sentiments which ell now read to eon are much stronger than !ling contained io the paper for 'thigh I am e fed. 1~ shalt Am read the words of Lord I ELLEN SIOROVOItv-rit" Mr Cobbeitt ) t must this ; (cannot alittie speeches statbd to have okcn in Parliarneet on other 'netters ) to to thu Jury% If -you have any extracts her sources wh(ckyoe think applicable to ...tie ) you may read them" r. t . .;neeestitio!• Weil, theta, it Will suff ice upso say shortly b that there is en , ' degree of -reecty b haniship ) mei upprinsion which has not been.eharscil to tante who conducted the Welehe. ten sipedifion% When people speak against the ill.treatincitt of our soldiers ) the fair and natural presnmptioe is, nut that• they went to overturn the Gores:outwit ) hut .that they want those evils of whieh they complain, td be remedied ht future. When Mr. Whitbread said a few days ago ) that as much cruelty now prevails in the I:luka of Cumberland"slegiment es there ever did) tend that It was in that regiment only that the practice of picketing was continued ) did any body believe that Mr. Whitbread really meant to n excite a ntuti. ley ? INo—overy body most be.eenvisiced that the thing was mentioned 'only that the bull Might be eorreeted." • The Attorney.aenetal complained to hie Lord. ship oT the improprioty of thus quoting speeches Igarliatnent. )ftlgs.a.annonousit again informed Mr► Cobb , till( it, was improper 11) quote speeches made ►e losperiat Chambers of Parliament. They Id pat be brought into emaiderntion upon the %n) oteision. ..._ _ . r. COSIETT C0f10111,14••! 14 lit *poetised to me ' the reasonable con4usien shift is formed in _ elites,. and whith ought alto to be formed in 11111litt) r -.that a pcfsett gelierally tomplaies ) not is of doing as luprry to his town: ,f- • • T. .eoseplsint, het with it view et ~. . . Sitctre4 of which he elisteittiekei& eicra i r e telisittaken in the 'object et filkith , : colt . ytt mat Et iritlevit ant -- - 5. 41.1., ..; _., _. " 44ildia 4V: .•*: a *-= 'i 4•, • a . ' ..li(J UI 1/1 4 made in 11: Lurd E bet', pip in the, .1" eoeiti prat preien) of 1 Mr. CI that the 1 ;$ . 0014 ea! mine ) 1 10 ) Wjeh } A I try by. baring 1 A eidikA Mmil) ..... • a4l THE St of those bad intentions which have Wed impute) to me. There k indeed a eireumetanee respect*, my paper, which shows that it could not hate been my intention to produce any mutiny. My paper cannot get among she soldiers but by Mere accident. Its circulation is principally among those classes who are beet informed; and most ca.: pablc of understanding its real meaning anti objects. If one wanted to du mischief in the army, it is not by such papers anodise ' but by platanis and hand. bills that soldiers would easiest be worked upon.. I do conceive, however, that there are cases in which much real mischief might be done by pdblicatiods in newspapers. For example, if a limo were on the h. point of sailing on a particular destination, and any body was to publish that the transports were alto. gether dehdient fur the accommodation of the troops, and that there %soli tie manner of attention to their comforts or their health, such publication might do eonsiderable mischief, and therefore be deserving of punisment. In point of fact, such a publication had taken place in a morning pa. • per ; and it appeared to the last Attorney. Gene. cal (Sir A. Pigut) as so very dangerouii that he filed an information ex officio upon it, and yet the pre sent Attorttey.General did nut conceive it in that light, cud attendant! it (M.r.,Cobinttt then read an extract nom the. Morning Foot,. which coo. twined the article to which he alluded). 1 think that the Attorney.deneral actod.rightly is awn detting,this prosecution ; but I think that' epee the same prieciple be should also have given up the present prosecution.' In the last trill for a 41. bel Upon an tefortnations the Attorney-General laid doern very liberal doctrines. He said; 't that it *Ulla his practieo to prosecute men fur expressing • Hoek' sentiment/I even with Some degree of;wannth ,and indiscretion in the diseuision of public stairs t ind that when such warmth was only dispiayedin• arraigning the conduct' Of Moisten, or: iu der-, - cussing what belonged .to the important interests. • of this country, or the happiness of meukiedose notice of thiS sort was ever taken of its Iw.ie.i thing perfectly well kdown, that in ease* of this sort weeds should bejudged of by the intention, rather thou by the literal construction. Lord Erskine expressed this in a striking manner ) when be was ;deeding as an advocate fur a Defendant in II Case . of .this nature in this very Court, (at that time the trial of Hastings had been plug un.tor a sconsiderible length of time, and the Court erected for the trial; obstructed the *venues to the Court of King's Bench), ",What I (said Mr. Erskine) if, when I am making toy way thru' dismal passages to this • hole in the vraili :1 should mutter to myself ) and Witt ill humour wish that the roof of the building would fall upon King, Lords, and Com. mons ) upon prosecutors and defendants, such a wish might shew illaeniper; if expressed it . aloud it .wotild be indecorous; but, if any one wished to take it up seriously, and complained of ite to the House of Commons ) how would the House -*keit up, or how would the person who trought so fritoletss a complaint be treated ?" Ile not, how., ever, pretend to say, that I was in suety' paision at the time of my writing this Article .as not to . knurl what I Was about;, bet still Ilay s . , • it was an article * written id anti hurry, awl . oitlinet much time -fur reflection. 'Klee ditele Is the Courier. was dated the tith of June, and the com ment ou it appeared in my paper on • theist of July. As it was necessary to send to and from Rotley, iu the interval, no great time was left for deliberation. If every expression was to •he strained, as the Attorney.Geueral has attempted to strain the expressions in this article ) no person Could be safe. Half the language of mankind is figurative, and nothing Can be more ettfair than construing according to the letter, which is meant as irony. Men ) in common conversation, often use expressions that are hyperbolical, and those expressions are never understood literally. If a different constrection were to be put on every thing which appears in print, the Press must either be wholly shout ) or confine itself to the praises of administration. Z perhaps should have said nothing about. the German troops, if it were not fur the high eulegitsai that the Attorney General has - been pleased to be. stow upon them. I stn free to confess, that I was always adverse to the employment of German troops in this country; and it did particularly move my indignation, that German troops should he brought to witness the punishment of the Local Militiamen of this country, who, as I said before, *ere most of them young fellows, just taken front the plough, and unacquainted with the . forms of military discipline. The introduction Of foreign troops into this country was els ways warmly objected to .by our ancestors; and itt their objection and dislike of chard I pefectly agree'. This objection, then, does not proceed from say jaeobinical aversion to his Majesty,: bnt it is an objeCtion 'Which has been justly entertained at all tithes by those who had the best British feelings. So early - as the year 16'213, the Haase of Commons presented & petition to Charles in -which they complained of bringing German horse into this ' country. The briugisig in of strangers has been injurious to every coentryt but to England it has often . been fatal. They held it to be fel beneath the Sharatter, and the bold hearts of Englishmee, to it uetossary to bring over foreignere for their . protection. There le another , authentic lestance of the dislike or oar ancestors to the in ! . rtroduetion of foreign troops. In the year 1692, :Very shortly after the &Volution, there was a de. bate its the House of Commons upon theintrodue. don of foreign troops and to their commanding Englishmen. Sir Peter Collins, in the course of his 4pecch said, " that Englishmen bore a love to • their own country which it is impossible that strangers Could ttel. Foreigners could not have the same affection for this Country as the men who bad been bons its It." He concluded his speech byl muting that none but natives should iemmaild ' Enelishtned. TMs motion, although very much 'against the inclination 9f King William the Third, who way naturally. much attached to his foreign troops, was agreed to, and became a livr. Notwithstanding this, there nro, non no Northam Tour or Or,' German Cenerals either emainanding distr:le.tai 'or on the Staff: Sinop the year Iho6, this WA his hicreased from torpor leer so thirty-able '111 1 9110(144 Masa TFSMAN. provincial troops in Pion Scotia, &c. There are four • bcrmau Lieutenant-Generals, four Major- Generals, and nineteen Colonels, many of whom haft, the rank of Brigadier.Geuterals, and oleo command not only Englishtoen, taint Eiuglfiflt offieers. There are not wily Germans in high command in this country, but there are Frene men also.. There is one Frenchman of the namd of Montalembert, who is on the Stafilo sex ; and I understand that there arc, or there were, two of them lately intrusted as overseen of a duck.yird in Wales. Althotigh the law says that no foteigncr shall be employed in any office of trust, civil or military, yet the whole culinary is full of those foreigners so employed in places of trdst. The two acts which author-4 l the intrudue.., tiun of these German troops into this country were' not enacting statutes, but merely acts of indemnity. The law of the country was sue!' as was agreed to at the bargain made at the Revolihion by the Act aif Settlement, and thee act prohibited furrigners from holding those situations of trust. There 'are trete no less then tl3of these German officers'', tired if we take in all the foreigners *ha hold' Ain of trust in our military service, contrary to the law, there are no less than MS. The At. torney-Generit has mis.etated the fact, when he represents those German Legions as entirely or I principally composed of Hatioverians who have en. listed front attachment to their legitimete Sovereign. It is' a very small part indeed, nut more than four or five thousaud, whoealisted in Hanover; thegreat bulk of them .1s composed of persons enlisted in the. prisons of Spain and England. I have heard that a considerable number of them were enlisted from the prisoners of Dupont's army. When an artupof foreigners-is raked together In this man ner, when.thelrotteers command over Englishmen, teed whets part of them ate brueght to witness' the flogging dour local militiamen, how can I avoid Joeling the greatest indignation ? and. feeling (as I etust do). this indignation, why should I nut be ,permitted to express it ? And- if I do express this indignation whish L feel, lo somewhat of angry language, ire you ',poll - that ncceutit ) to presume that I am guilty of 4cliberately wishing and contriv. hug to subven the Government of the country I The Attorney-General talks of the gallant conduct of those troops at the. battle of Talavera. Now I have heard that they behaved very badly at Talaveri; and if I had expected the Attorney-General to make this assertion, I 'should certain!) , hevii brunight in pocklit t letter, which think will warrant one ie saying that they behaved badly there. 'The letter is from an Offic.er of the Ilorse Artillery (Lieutenant . Frederick Read), and directed to person.in a high situation io this country. Among other things, it states, " that if it was not fur the timely arrival of the 20th regiment, their whole brigade would bate been taken, in consequence of tire cowardly conduct orthe German Legion."' It is not merely from this letter that I .derive my information on this subject; - but I have . anoken With many Officers from Spain who ;pained through my neighboilrhood in the conts •$ 's whom I invited to take up,their quer *: at .nsy house at Bosley. All these Of& cue agreed in stating that the Germans had be: bayed very ill. One of their Odors, Indeed, planted the standard close le the sweaty, and . endeavoured to rally theM, but -it was impost. ble. The Atterugy4eitetaV must have boon Much misled whgu he Kittle this statement; and, helmet I do not wonder at it when I recollect, , that since lienin; I'ortugel, the Officers have not been allowed to write, or even to "peat about whet takes:place in that part of the world: The Attors neysGeeerel, appeals to the tesdmony i 4 all in• whine oeighbuerhood these Germans hue beds quartered, to say what well.conducteti troops they are. Now . aa to what I know of. them', their the; rector is directly the reverse. I shall first spoilt of the regimes( commanded by the Duke of Brunswick ;, and in giving their Character I. Ana first pate whit was the opinion of the Archduke Charles, respecting this regiment. The Arch. - duke, in a letter to the Duke of Brunswick, states, " It is with great concern that I learn, that the troops under ;the command of, your Highness in Saxony, have been guilty of such extortions and excesses as to dishonour the army, render for gotten all the atrocities committed by the French, and dispose the minds of the people against the common cause. I have therefore given orders to General Kieumayer, commanding in &stony, to see that the most rigorous military discipline be preserved, as long as a corps _eon. Wises there, which, like that under your coin. mud, is composed of . people having no country." Suckle the character that the regiment of the Militia Brunswick had in Germaoy. When they came to this country, oat;. of the first pieces they were sent to was the Isle of Wight. There they committed all manner of violent:es, enormities and devastation. They were Charged with committing two murders t I cannot pretend to lay they\ ac. -tually did commit them ; bat this I will sty, -I have seen a letter stating that the bar of a public house Mad been chopped through with their eabeees 11 0 4 the landlord putt in the greatest danger of his life, for not supplying them With liquor. In short, Off were the terror of the whole neigh. , ikearliond i 'who rejoiced must sincerely when they were sent of some where else. Neverthes i less I do sot pretend to deny, that many bf them may be very good mass butt yet I have an objec.: doe to their being emplOyed in this eountry li oa the ground that our ancestors objected, that 04 never can participate in the feelings eftlngfish. men. Their attachments Ile not to England but to Germany. , It is impossible, from the feelings of human stature ) that it should be otheraise.. The graves of their fathers and their properties (if they have any) lie in Germany, and there are theft sr. factious also. This is* principle of human nature too strong to be eradicated. if you take a Lap ' Lander Ginn his ewtt country and bring hits bete, he • atilt suppose that there is something in Lap. , laud superior to any thing he sees elsewhere. When Germany shall he completely under fluid!. Wakes( Bonaparte, if he should ever httmle this country, is it German troops that"hre fit to 14 tent for Ward to oppose his armies, ' I'llefietoin my: eonseience dial it would be 6111 tleingtxoias a ,Afaleplethatw la each ii , doladalf: 'llltpMhellolll in ituutninaorniq.estriistahleshosanbuttlisrahneletity.u,icil:;Goota.l:- 1 1 , h .c e ti n p i g ib j a ho e fi l ivev e . : ( 7 1 : : . ea.; iiiiiit.ire:ya:",iredinwiaiiesiwlwr.rtahhttkhhhoerefriseri guard of Trojan at t will be lik e the Greeks. Asether &silence ef thevalne of thos s u l t t roupe was reeinitildiapiaretat Guadalou;mo. A. part ee ellu ti 60th regimosac c ,wll9 ; W ere wa di G ermain 7 4 li w w is aY es r t n a i b lu lis t h et etl e ,at er ty jr m i iirnghteutienre of this regt they kept 414 Whole neighbourhood in ser ene an , • et r of " ly d on ala th r o m s . e . G I 4 eiol la sa nlY tro h o ar p e s b si ll u d ce la ihrtr " ,e nii rst n i a n ta tr ute E ttc l ir:ebig u sitaesetis e peit t liair i tig o il tritiu: u eautuete a i nto the coun try j and I. ant cf.rnvi cl uanf t s e: debnina a jge t hen t s h tyht e atent ic hthi b; g.re ?g; i:; : l e iyi n t j ' (as I. thought indecently ) in wituessiag, if test e ° l nut bear °ltithYflathPosaissihe:tesaluoadmpreb°tggitotheisihtnteleitoigchht°trilhagleartytYci.srinitisaswtl::::i bet 1 trisst i. you will bethelievpetothhetireofwmuy ca n p o n . b b i a i ds t planting, ous, five very all depe n d dr, the seeerity thep property, o r f tY n 9 ly of the country, under the Governmue of hit Ma jetty jesty and his successors; and I must h• the greatest beast antifoot, as well as knave and ;raiser, if f could seriously and deliberately intenol the sub. version of the Cloverusnont, or to du my briery tie the - country. have now nothing more to lab y tha o:1 11 , t m o y th L a e nk Lord, for Gentlemen theattentienate the ith sou have been good enough to favour met" The ArrettothiP.Ocetstae now rustt• to reply in nearly the following terms 1..." May it pleate your•fiordship..Gentlemen of the 41. cy ; 1 can. not help thinking that the presiem Defendant would better have consulted his own fs:ney ant! the character which he has, to answer one ends of this day's purpose, placed so high, if he io4d follow. ed the example of his own prissier an.; pohlisloto-, and admitted the libel % of which be stand s accuse r :, made lid defence, and suNered judgle.rat to have gone against him by default, rather thin have sorted to such a defente as he has this day made for he has only made it the occasion for tate ring Ise* slanders against innocent and natlefendee pet.ote, to whom ha has thought proper incideetatoy to et. lode. It has pleased the Defendant to coluekiit loudly of delay iu bringing the 0108efilt;f 0 .furrnitioli to trial. He his 'stated Wet the sass pub‘ listed on the . of July, 18011, and he sooks % fitly wea upon to answer tot it at .tit I 'tattier period) 'why am I, at length, wilts% t . 'hailsuppossitilllPtiteseeution wasdolieetOt oketaitt ,up in June - 1810 to *nswer for an oe-t.ze tem. 'pitted in J41 . 1109r1 will tell-you wh; ~ re t frig tell you by the course ce this • court:i CoiM - set bong the Defendant to trial - soolielef hi WOO lathe enabled me to have dent so, bet lie 'Weida not do it. His leartiehie seet the Beech will tell yolk that a person tieing to the country is' setltled to fourteen days tootles cut , trial; that!': a . Defendatit is entitled to an impart lime, *MO Will give his cue a wk.lt tet'ra's deist (and thil present 'Defendant actuality hid this); sad that a Defendant cannot be made teflo. Without threat telt* the •last only of whie., a P erie si a d q• N ow if the Prot Ddentiertl hr 4, la 10 the lest' tale; so of trial creole have been given him for the sittings after lest AH011 .1 4,11 but knelt, not plead till the ltd % sot the *tier coming on the filth of the month % . and he wit Itleadhig tilt theist, 14 . days entices - olueld net him Seen giten him. If be had tired im terry It) days notice would have been eoettet, and, the Mat night have . ceniv on; but he lived in the Country; 'itntf, therefore It was that I said his hoool timid tille...o€llt eflitil living in the covets,' in the present ddisyief whieh he now dares to complain, thought latter' myselel bate shown that he Innis 'self was the:cense . Of 'it. He stated, 4.3 a t;,;1, . sad tbeseeels - lee to hold in your remenihraossi as 'a steediefulit his credibility, that he was brdeghtliti'te• beano, and wee 'told ,when he 'taints thevei'aeirerilron't try you nowt go hack . again, and totifiViiother time." lie said that s • thus be was' trelatedi and for this assertion obese 'is no more' foundation than for ay hums- , time which might spring frum the wildest imagination of 'the wildest' person. • I aft Strr to say that it is a dr, cold iuvention. mode oily for the purpose of serving this trial. I Wptild& not speak so positively 1 but of what I have stilted lam certain from my own knowledge,: 1 1 he BOA :. ft:pliant has urged, as a reason why heshould AO% to be prosecuted for this libel, that there hive been . I others which were worse, and which were eithee, not preseeuted at alt, or 'the pruseCiVisins of which • , were abandoned t'ffeeesier tali et enslaneje l t is true there was such a libel in the'Rernies Pests • • as Adele which the Defendant has allot& ; it is ; trueOlest /et' thiflibel 'a teosecation we' insoles. M ted by iny•learned et most hononrahle .preoleres. 4 • • 'sot, Sir A. Pigott; and it is tree that that prJse, coition was not further carried on o but out fec the. • reason Assigned by the Defend:Off. II sise,ll. In the. , hearing of doe learned ceutisel fur the A.s!iteratty s , ; to whose cars ptoteetttions Of the same noun, , with that le The Morning Poet are intrv,s‘eo!, r. 04 whose opinion upon that prosecution, jointly with mine, is new before me: , There is no comparisue in the degrees of wickedness, beteree the printer of a libel and the person who is the slather of it; and though it is sometimes found accessary, by pre:tweeting the elrcuiators of a libel, to 44 4 1 printers and publishers from the °genre, pee_ there is no occasion in w h i ch, wherever the embus' ' can be got at, present, visorso n t b f e e t C u i r a h o l o r no i s n ~ n w o T t h h o p e r heofatevhreerred suff ere dlb en ij an e u j ts a d w g i m o s e til d n e: ;ego against them .by default, are iisnueeld when tcmheoemrstilipbearilaewnoidtethagMantrv.enCainuopbebethisettn.naomwTehboseffpiorhiersetc4ittsf T ch:)rb U lio: .ca the use pro be see is ui not i . ott iti agit ni nst g for eco . t h ed is ;ftetonoliati%ogre-vitieetiorlihhsnoteinidc:erhaetsitaptninoestlifyeaPnrceejtiii!li:b:tEalepfirtejeZt: • ; and if it can be pu;Tell fission lolin,'as I Cotter myself I havt 0,0 10. d 045,... the 'Conti of Bench , doubtless o f t l o can i tlitir i i k i t: 7 th it e hs s e trosca verijy. tions se * . m ag u ai eh nst fo litim eL he e. ar . g o to ; Worse Welt' Asa that of the „ Si! th+ ani as ti. sh