The Sun. — London, England, 1829-12-22 00:00:00

HIPPING INTELLIGENCE.--(THIS DAY.) FROM LLOYD'S. PORTSMOUTH, DSc. 21.—Off port the Porchester, Se vensen, from Bourdeaux. BittrAsT, DEC. 18.—Arrived the Belfast, Patel., fion, Demerara ; Swan, Burn, from St. Petersburgh ; Cordelis. Los khart, from Riga ; and the Zephyr, Fitzsimmous from London. DUNDEE, DEC. 18.—Arrived the Laura, Broom, from Quebee ; Janet, Paten, from Riga, and Margaret, Angus. from Konigsberg. Dear., Dac. 21.—Wind S.W. by W.—Passed the West Indian, Cook, from London to Antigua. ' FALMOUTH, DEc. 20.—Wind variahle.—Sailed the Opossum packet, for:Jamaica, &c. ; and the Barracouta packet, for the Leeward Islands. The Hampshire, °Mur phy, from Cardiff to London, is on a bank on Belford Beach, and has opened and strained considerably ; cargo discharging. PLYMOUTH, Dac. 20.—Wind E.—Arrived the Rivals, from Copenhagen. PENZANCE, lbw. 20.—A vessel of about 120 tL ne, battom upwards, was seen on Tuesday, about 100 miles south-west of Scilly, by the Apollo, arrived from Bilboa. CAILDIFY, Dac. 21.—The Mary Ann, M'Leod, for Liverpool, has put back leaky, and nearly full of water; the cargo is discharging in a damaged state. SCILLY, Dsc. 19.—The Nancy, from Sligo to Lon do., missed off here yesterday, during a heavy gale from N.E., and has been assisted in, with less of 'anchors and cabler. The Lora, Dulake, from Dantzic to 'Havre, was totally lost oa the Lemare Island on Saturday night; crew saved. COMMISSION OF LUNACY. EIGHTH DAY. At eleven o'clock the Commissioners took their seats, the names of the Jury were called over, and Sir C. WITHERALL stated they were in the hands of the Jury as to the production of Mr. Davies and the summing up of the evidence. The Ciller COM3IISSIONER observed it was usual for the alleged lunatic to be examined, that the Jury might form an opinion as to his state. Ile should therefore re quest the Jury to retire with them for the purpose of that examination, but it must be understood that no person ex cept the Commissioners, Jury, and Counsel, were to be allowed to attend. It must also be understood that the same course was to be adopted in the examination of the lunatic tLat had been on former occasions, namely, that that the Commissioners were first to examine the lunatic, and then the Jury. Sir CHARLES WETHERELL apprehended, that in all cases it was the undoubted right of Counsel to put any questions they thought proper. The CHIRP COMMISSIONER should be obliged if Sir Charles would refer to any case in which such a course had Leen adopted. Ile had now been x Commi.sioner some time, and be did not recollect one: Sir CsrAltLE3 WETHERELL had done it repeatedly in Shia room. In Franks's case he bad pursued such a course. The CHIEF COMMISSIONER thought such a amuse at tended with great inconvenience, for in the result it would lead to a cross-examination. Sir CHARLES WETHERELL submitted, any examination that would elicit trouble ought to be made. The CHIEF COMMISSIONER observed, that the regular comae pursued, under all commissions of lunacy, could not he departed from on this. The Commissioners, Counsel, and Jury then retired, at twenty minutes pest eleven o'clock, for the purpose of examining the lunatic, and had not returned when we left at two o'clock. THE. MARKETS.-(THIS DAY). HAY MARKETS.—(At per Load of 36 Trusses.) ST. JAMES'S. _ Coarpe heavy Lowland Meadow /lay — . £2 2to£2 10 Kew Meadow Hay 2 12 3 10 Useful Old Ditto ..... ........ ....... ... ........ Fine Upland Meaaow and Itye-grass Hay 315 5 0 Clover flay 3 II) 5 5 Oat Straw £1 14 to £1 le l Wheat Straw... 118 2 0 Supply good. trade very dull, and prices stationary. SMITHFIELD. ct.a.se i.-....”- fowland Meadow Hay • £2 0 to £2 13 New Meadow Hay - . -- . 1 18 2 18 Useful Old Ditto Fine Upland 'M e adow and Rye-grass Hay 313 310 4 eloc‘-r Hay (extra fine).....£5 o...Generallv OAt Straw £1 Bto .£1 12 t Wheat Straw '1 12 ,1 16 A very limited supply; 90s . p er load were said to have been obtained for a few loads of fine Old Meadow Hay; but, as none of the Salesmen appeared to know who had made it, we quote tiaturday's prices, at which the trade was very dull. CITY MARKETS....-(TWO O'CLOCK.) Sua..se.--The delivery of Sugar last week from the W,st India lbeks did not exceed 2,501 bhds. and 186 tieices, and as there were landed nearly 3,700 hhds., the stock has been increased to 37,580 Ude. and 2,414 tes. The naket will probably (since this afternoon for the Christmas holidays, and from present appearances little or raa business is anticipated to-day. Prices are merely ocsuintl. The delivery of Mauritius were above 4,000 imp , , and the stock in the East India Docks is now under 2.9 000 hags. Havannah Sugars are in some demand, bat prices are yet unaltered. The commercial letters from the Russian capital are to the 6th inst., awl they quote the Exchange on London at )0 9-6. Tallow was .t 96 rubles. There was no chance of the shipping, which was locked in by the ice, getting away this season. Here Tallow is ut 355. 3d. per cwt. There topic delivered last week 2,326 mks, and the stock is 44,500 casks. OILS are all steady. Cod Oil, -being scarce, is a vauring. The current prices are, Sperm Oil, 72/. ; Creeuland, 28/. 10s. ; naked Pale Southern, 241.' per tun ; Pale Rape, 43/. pet , tun ; Newfoundland Cod Oil, .SO/. per tug. seasssee•• PItICES OF STOCKS TiIN Blnk :'tuck 3 per Cent. lied. 93F, 4 I per Cent Cons. shut '”..i per Ceeit.......... ...... 100 1 4 Ditt, R. - -. 1 •100 99% I per Cent. Ann Ditto, IQ2B Ditto Scrip — Wink L. Ann. Ditto 30 years India Stock shut Ditto B..nds 67 68 pm. fItICKS OF FOREIGN FUNDS THIS DAY AT ONE O'CLOCK. Austrian Bonds — Neapolitan — Brazilian Bonds 69% %,, %14 Peruvian Bonds Buenos Ayres Bonds — Portuguese Bonds Chilian Bonds .... ........... ... Prussian, Old Colombian Bonds —Ditto, New Ditto, 1824 Danish — Spanish, 1 , 321 IOM4 Greek Bonds — l,- 18t3 — Ditto, :1825 — French Rentes, sp. c. —f. —c. Guatirnala — l — Exchange —f. —c. Mexican Bonds —l— 3 per cent....... —t —c. Ditto, 1823 '---- Exchange —f. —r. PRICES OF SHARES THIS DAY AY ONE O'CLOCK. Paid. Per Share. Anglo Mex. Min. Co. (iss. at 5/. pm.) £lOO 41 39% Brazilian Imp. Mm. Co. kiss. at U. pm.) £2O 93% 93 Ditto National .. 10 19% 19 Beal dcl Monte Mining Co. £loo 132% 75 15 19% Ditto Scrip - United Mex. Min. Co. (iss. at 21. pm.) IV% Ditto Subscription lO Protector Insurance Comp MAILS. Arrived. Due. Arrived. Due. O Ameri ca 0 0 Hamburg I O Brazil O Buenos Ayres 0 0 Jamaica 0 O Carthagena. 0 0 Leeward Islands 1 Dub1in.......... ........ 0 0 Lisbon 0 O Flanders 0 0 Mexico 2 France 0 0 Sweden 0 Guernsey&Jersey.. 0 1 Waterford 0 sPORTINU INTELLIGENCE. TATTRGALL'S. More business was alone yeste.rday than for some day's past, several sporting bets having been made on a few of tie principal Derby horses. Brunswicktr was backed at 10 to 1 for 440/. by those whose judgment may be relit(' on. He is now very little behind the favourite, who, with his companion Cetus, decline daily. The Cressida and Mouse colts were ba"..-I:ed freely, and are not yet as bigh as they will be. Ztichwili is also in force, he is the property of Mr. Rannsbottosi, )rho purchased him from Lord Lowther at a small figure, scare say 60/. ; his -t.eliog price would now, perhaps, be 10001. The betting, :A.t the close, averaged thus:— DERBY. .S to 1 oast Sir Mark Wood's The Mummer to 1 opt Mr. Petre's Brunswicker to 1 agst Mr. Clancy's Cressida colt 13 to 1 agst Sir M. Wood's Cetus i I. to I nest Lord Cavenzlish's Mouse colt ii 7 to 1 ugst Lord Exeter's Mahmoud Li S to 1 aset Mr. Ramshottom's Zucharelli r2O to 1 agst ,rd Sefton's Sal colt 120 to I agst Lori Cleveland's Wat Tyler 25 to I agst Lord Tavi,gtock's Custard colt 25 to 1 aget Lord Sligo's Brine 15 to 1 eg't Lord Egremont's Brother to Grampus „25 to 1 agst Lord Sefton's Captain Arthur st, to 1 apt Lord Sefton's Mouche (taken) 40 t o 1 aget Mr. Petre's The Major (taken) to t sgst Mr. Houldsworth's Brother to Lancastrian 2000 to 1006 Cressida apt Zucharelli (taken) Trresity bonier io,;re backed in one bet, at 2500 to 100 each, OAKS. 6 to 1 apt Lord gwa;ton's Mouelie 9 to 1 agst Lord 9.l.:o4.berry's Sister to Emma 9 to 1 agst Mr, StonttLew,i;'s Leeway filly J 3 to . 1 agst Lord Jersey's filapw. 1. nig MAJESTY, it is expected., 11,61 d a Court on Ifaurglay next at his Palace at Windaor, fur Xike purpose of ret4ving the report of the conviets capitally convicted at Just Hall, in the Old Bailey. The Duchess .d CLARENCE canto to town vesterilay morning from ii,r; residence in Bushy Park.— The Countess ItuNsTrit visttea her Royal Hight:ell at her te.idetica in the King's Palace, St. „Yikmes's.. Her Royal Highness returned to Liaasby in the aftertm. - kn. The Duke of WELUNGTON. came i v,: ,town yesterday morning' from his residence at Strathfielilsayt, Llants. The Earl of AlszavErti and ifc. Secretary P.ert had interviews with his Grace at the Treakury. THE BOOK OF THE BOUDOIR.—Among the extremely varied and am4usiar, topics treated ,of fray Lady MoitcAx, in her new work, will Ls found : Fetes,, Partie., and Soir&s—Human Machinery—Ariatocracy— llttman Parrots—Woman's Love—Law;—The Ca 9 of Liberty—Wive4 of Foola—Fetuale P rseverance—Ar4 and Artists—Viragos—Solemn Ilbuitheads—:.Vice-regal; Progresses—Religious Austerity—Ohl- FashionA Friends —Legislature—Literature—Mathematied Ladiet,”.lll- liteurres— rower of Babel— Foreign Visitors--Education —Spirit of the Age—Wonderful Children and Good 111otliers—Love in Idleness. Also most interesting par ticulars of Lords ERSKINE and CA STLEREACIII—HOTINN T o w, E..--.IIIC !IA D KIRWAN, Esti. r• OWEN of La mak—The Princess BORG:II:SE—The Countess d'A LBANy lIELEN Banta WILLIAms, &c., &c, HIGH WATER. AT LONDON BRIDGIR TO-MORROW. rning... 58 minutes aftei 11. I Evening ... 0 minutes after 0. etir *Mu LONDON, iTUESDAY EVENING, DECEMBER 22, 1829. The following are extracts from Germar Papers : MARSIILLZI, DIC. 2. We have good reason to believe that all that has been said of the ambitious projects of Mehemet Ali Pacha, of Egypt, is founded on mere fiction. A pers , ,n who has lately arrived here from Alexandria, and whose situation afforded him the means of making himself acquainted with the real sentiments of that extraordinary man, asserts that be is very far from desiring to dissolve the ties which unite him with the Porte. He is too well acquainted with the policy of Europe not to he aware what interest it takes in the preservatiOn of the Ottoman empire ; hence he infers that any attempt to make himself independent, though crowned with success for the moment, would, in the end, only hazard his own existence. At this moment English influence preponderates in the Divan at Cairo; but if the interests of France were in more able hands than thus.: of M. Drovetti, we might be tt_•e more confident that Mehe. met would again be disposed to favour us, as be has a per sonal regard for the French, and most of the foreigners in his service are of that nation. MUNICH, DEC. 11. Accounts from Greece inform us, that at the same time with Colonel Iliedegger and Captain Sclinitzlein, the Bavarian physician, Dr. Zuecarini, quitted the Greek service. Having been sect by favour of his Majesty to the Morea in 1828, to prosecute his studies in the service of suffering humanity, he has succeeded, by the organization of the hospital, &c. in rendering great services to the medi cal system of the infant State, which testified its grateful appreciation of his services by appointing him chief physi cian to the regular troops. In this capacity he had last summer the good fortune to cure most of the members of the scientific expedition from France, at the head of which is Colonel Baydeft Venaint, who were all dangerously ill of the prevalent bilious and nervous fevers. The departure of the last of his countrymen, and still snore the conviction that as the internal affairs of the country are brought into petit, e.reien aid was no longer necessary, induced him, in August last, also to quit. st Greek service, and in prosecution of his medical service, to engage for a time In the same quality of physician to the staff on board. the Russian fleet. His friends expect him home next summer. Batumi, DEC. 10. Lieutenant-General Von Muffling is appointed Com manding-General in Westphalia. But before he enters on this office, he will for a time continue his functions as chief of the general staff of the army, and also accompany his Royal Highness Prince Albert on a journey to St. Petersburgh. It is reported that the Crown Princess will also visit Russia next spring, in consequence of the affec tionate invitation of her Majesty the Empress, when she was here last summer. Some reports of changes in our foreign legations appear not to be unfounded, VIENNA, Dec. 10.—Metalliques, 102 i; Four per Cent. ditto, 911 ; Bank Shares, 1,238. The Liberty of the Press in Great Britain, ►notwithstanding the anomalies of the Law of Libel, has secured itself so firm a support in the public opinion, from which alone the Go vernment derives its tenure and holds its exist ence, that any attempt on the part either of the Legislature, or the Executive, to shake or injure it would be both futile in itself and dangerous to the assailant. The freedom of circulating their opinions is valued too highly by all sensible Englishmen to allow them to entertain for a mo ment the apprehension that the English Govern ment, present or future, would ever have teme rity enough to endeavor to encroach upon the right which may in truth be called the great charter of civilized society. Enjoying, as we do, so large a share of free dom, it is our bounden duty to assist other nations less fortunate than ourselves, in the maintenance of those liberties upon which their happiness, like our own, mainly depends. We are therefore desirous of holding up to indigna tion and scorn the insidious and tyrannical at tenipt .4. 6 the King of the NETHERLANDS to stifle the exp..e.:,skn of the sentiments of his subjects on the laws by which Om are governed, and the manner in which those laws are executed. His Dutch MAJESTY is afraid of the truth'' being heard, and he therefore has proposed to his Chambers a Project, authorising tbg jar prisonment of all those who shall attack the dignity of the Royal Family, who shall manifest hostile sentiments towards the KING, or con getupt of the Ordinances emanating from him ; 41 o§l 1 be zNilty of attacks upon the obligatory force a g.xistip g h v is, pt exciting disobedience thereto, shall sOvf clisunio.n ,0r suspicion ; and finally, wlio shall attack or in sult the Government, or one rge iia brnnches, or ~-,.:firage its acts, or calumniate its intentions, or endeavaw 1 / .7 sap its authority. It is plain, that ;7 1 4;;* . s Project were to pas into A law, no person in the til,etk4,.!:ds could safo.ly .spestic write any ,thing concerning ( thc: KJN,G, his Government, or the Laws, unless it Fere 4.0 applaud and magnify *eia. A list of coneructive offences is created, and inen : raq found guilty and condemned, according t 9 ,th g goud will and pleasure of the Judges, for any mention of the political state of the country Whidi may be pronounced to be wiusult. to the powers that be, or a calunznia lion of their intentions. If any per Son therefore should intimate a doubt whether this very law was projected with the intention of liberating the Press, because it ui words annihilated it, he may be convicted of a calumny on the intentions of the Government and imprisoned for three years. There is a proverb, that " Hell is paved with good intentions." However excellent, pl - and pure, may be the intentions of the King of the NETHERLANDS, according to his own account, in this proceeding, we, in Eng land, who do not profess to judge of motives otherwise than by.acts, must regard the new law as one of the most execrable abortions with which continental despotism has ever attempted to disgust mankind. But, it may be said, people will not be imprisoned arbitrarily—they will have their trial. What kind of trial? Why, by the Judges, the KING'S servants and organs; for, unhappily, in the Ne therl‘nrir. Trial by Jury does not exist. If it did, this law would be a dead letter, as:the KING well knows; for where the people have the admi nistration of justice in their own hands, they wear an armour of mail which the weapons of tyranny have not the power to penetrate. Th' preamble to the Project, so far as it speaks of the KING'S anxiety for liberty of COn.. science, and so on, is mere hypocrisy. If he feels any such anxiety, why has he interfered with the rights of the Catholic Church in Belgium, in a manner which has roused the resentment of the Catholics to a man, and has caused their union with the reformers to oppose the measures ofan unjust Government ? Again, what means the assertion, that the responsibility of Ministers is inconsistent with " the preservation of our political institution," and that the circumstances of the Netherlands do not resemble those of other countries, where such resposibility exists without inconvenience ? Experience in all coun tries has shown that Ministers, like other men, will not act honestly unless they are accountable for their actions; and if, in addition to the maxim " the King can do no wrong," it is established that " the Ministers can do no wrong," it can not be wondered that they are labouring to destroy the Press, or any other institution that can guard the people from oppression. It is impossible to suppose that this law will pass the States-General, who are asked in De cember to shackle the liberty they proclaimed in May, when they repealed the obnoxious statute under which two of the best men in Europe are now suffering in the prison of the Petits-Carmes. We know enough of the state of feeling in the Netherlands to predict that if it is persisted in, the country will be driven to a degree of excite ment, of which a Revolution would be the almost certain result. The Belgians have pecu liar causes of dissatisfaction, but this blo,v is dealt equally against Holland and Belgium, and will be equally resented by both. Our hope is that it will likewise be resented by Great Bri tain, by France, and the other nations of the earth, who know that the best preservative of peace and freedom in the civilized world, is the sense exnressed by surrounding countries of outrages committed upon the rights of the mem bers of any one national society. Such an out rage has been attempted in the Netherlands— but if the voice of honest and independent men, within and without that kingdom, be raised strongly against it—the arm of oppression will fall powerless by its side, and the oppressor retire overwhelmed with confusion and dismay. tit r AT ONE O'CLOCK. South Sea Stuck .shut Old Annuities New Ditto shut Ex. Bills, X I,(XV 2d. 74'75 pm. Ditto lid. 72 73 pm. Ditto .500 2ti. 74 'l5 pm. Ditto lid. '72 '73 pm. Ditto Oman 2d..74 '75 pm. Ditto le. 'l2 23 pio. Bank for Account India for Account Cons. for January 95 4% 5 THE FUNDS.-(THIS DAY.) CITY, TWELVE O' CL 0 CK. We have no arrivals this morning of consequencp. Conso!s, which left off yesterday at 94i 95 for the Ac count, opened at the same price, and soon after were done at 95, since which they have retained to the former price, with little business transacting. Accounts from Toulon state that a great number of ships are assembled in that port, waiting orders to pro ceed to their destination, owing to which various re ports are in circulation there ; by some it is supposed they are going to return to the Mores, while others assert tiny will proceed to Algiers ; but it is certain that the Dey strongly solicits peace. It is also stated that the Pacha of Egypt has an intention to seize on Algiers, and proclaim himself Dey, assisted by France. In the Foreign Market the chief business doing this morning is in Brazil Stock, which has improved. In other Foreign Securities little doing. ENGLISH FUNDS. Bank Stock, 216 17 3/ per Cent. 991 100 India Stock, New 4 per Cent., shut 3 per Cent. Cons. shut 4 per Cent. 1926 1051 i Do., for Account, 94 5 India Bonds, 67 69 Ditto Reduced, 93i Exchequer Bills, 74 75 FOREIGN FUNDS. Greek, 271 1 Mexican, 25 Peruvian, 17 18 Portiroin.ie, 58i 9i Prussian, - Russia', 1081 9q -Bpanish, 10t Two 0' CL cg. We have received, by extraordinary conyeyance, the following from Vienna, of the 14th Dec. The Funds are still getting up, particularly the loam; of Rothschild. Five per Cents. for the end of December, 103; Nat* Shares, 1,248 ; Rothschild's Loan (5 per cent.), for 1820, at 41-, 133%. Gold, the price of which was 41r, is only 2i.' The bone of contention during the whole of time morn .t.mmi; in time price of Consols, between the Bulls and Beals, ua9 7 :4. for 47 , _!ount, alternately buyers and sell,rs. 'fhc`Comiuis c7d a Half per Cents. at p - mr, 00, and .7:006/. IleklUded, t _n to Foreign god did has been acne in 'which hare inikovel In otlati, gyreigii Securities butiittle ,loi!rg. • " r an 6E 0' 0 L 0 CIL Brazilian, 691. 70 liuenoe .4.yyce, 20 26 Chilino, 26 25 Colombian, 251 I Danish, '74i t Front la, 5 per Cent 108 9 Ditto, per Cent. 84 Consols for Account, .05. FOUR O'CLOCK.—CLOSING PRICES. Corp! Danish —"' I Dd. ' . ~.. • for Ac. iA Greek, 1825 131:aiiliunIlonds dn Nie?:,:.:.::: , 1825 25i Buenos Aires 28 . - PtirtfilLn =-..‘ Chi!ian Do. 'llosian --:- Colurnhi..u, 1:924.231 Spanish .101 COURT OF CON.[NIO. I4 PLEAS... , .-111 the aim. eon. case, BOYDEI.I. V. CROCKER, which was left on: finished yestei day when We went to Press, the Jury rout ned a verdict, With 2001. damages, for the plaintiff. EX-OFFICIO INFORMATION. COURT OF KING'S BENCH—THIS DAY. THE KING v. ALEXANDER, FISHER, AND GUTCH. This case being specially appointed for this morning, the Court, at an early hour, was very touch crowded. Mr. Alexander entered a few minutes after nine o'clock, and took his-seat in front of the King's Counsel, where a table had been placed for his accommodation. Lord TENTERDEN entered the Court precisely at half past nine o'clock. On the Bench with his Lordship we noticed Lord Holland, Lord Bexley, the Master of the Rolls, the Lard Chief Justice of the Common Pleas, and Mr. Baron Vaughan. Several Members of the House of Commons were pre sent, amongst whom were Sir Robert Inglis, &c. &c. The case of the King v. Alexander and others having been called on, the following gentlemen were sworn upon the Jury : Thomas Ponten, Esq. Foreman. Thomas Lemon, Esq. John Lambert, merchant. Robert Hawthorn, merchant. Stephen Cox, Esq. John Thompson, Esq. John Matthewson, merchant. Frederick Peter Ripley, Esq. William Knight, merchant. Charles Henry Hopkins, Esq. • John Cherrington, Esq. Charles 'William Hallett, banker. George Spurs, Esq. was called and entered the Jury box; but it being ascertained that his name was spelt " Spiers" on the panel, he was rejected, and another gen tleman galled. The Counsel for the prosecution were—the ATroateET and S O LICITOR-GENERAL, Mr. BROUGHAM, Mr. ALDKIt son, and Mr. WIGIITBIAI4 ; for the defendants (Gutch and Fisher), Messrs. FREDERICK POLLOCK, HILL, and BARSTOW. Mr. Alexander conducted his own defence. Mr. WIGHTMAIT opened the pleadings, by stating that this was an ex-officio information filed by his Majesty's Attorney-General against the defendants, who were the editor, printer, and proprietor of a certain newspaper, called the Morning Journal. The information contained several counts ; the first of which is, that the defendants, on the 30th of May lust, published a false and malicious falsehood of and concerning his Majesty's Government.— The second count was, that they had published a scanda lous and malicious libel of and concerning the Right Hon. Lord Lyndhurst, Lord High Chancellor of Great Britain; and the third count charged them with publishing a false and malicious libel, calculated to brine the Administration of the country into contempt. There are other counts, varying the forms of the charge. The ATTORNKV-GENEILAL then rose and said, may it please your Lordship and Gentlemen of the Jury. My Learned Friend, who has opened this proceeding, has -made-you acquainted that this is an information which I have thought it my duty, in my official capacity, to bring before you for your decision. Gentlemen, the information charges the defendants on this record, with having pub lished a libel of a very serious character, one which, un questionably, as far as my humble judgment goes, could not have been passed over without animadversion, unless I were to neglect, as far as I was concerned, a licentious attack upon every person of honour and rank in this king dom, and were to lend myself to the notion that seems very much to prevail, that he who acquires office and dignity under his Majesty becomes subject to the contumely o his Majesty's subjects. Gentlemen, I know very well that in every proceeding in which an attempt is made to put down the licentiousness of the Press, it is supposed by some persons that some secret attack is meditated against the liberty of the Press. Those who take their opinions from the periodical Press exclusively, might be very apt to form that judgment : on that account it is that I beg to intro duce the description of this offence to you by two or three preliminary observations, in order that the liberty of the Press may be fully understood, and that those may be un deceived who suppose that any prosecution of this nature has for its object an attack on such liberty of the Press. Gentle men, the liberty of the Press consists in the privilege which every Englishman enjoys, of a man publishing every thing he pleases. The history of the Press of England gave rise to what was supposed to be an authority vested in the Crown, to restrain his Majesty's subjects from publication. Tile first Press was introduced into this country, as it is said, by King Henry VII., and as that was a privilege granted by the Clown, an opinion grew up that no one lied a liberty to publish except by tug permission of the Crown. That opinion gained ground, and became more and more general, until it expired soon after the Revolution in 1688. From that period it has been fully understood, but I may say almost exclusively in this country, that no previous restraint on any sort of publication could exist by law; that eve") , man had free liberty to print and publish what ever he thought fit, subject however to all the consequences that might attach to any infringement in point of law, in making a wanton attack on the charac- ter of others, or upon the Government, by which the publication is protected. To say that to bring to punish ment the abuse of this influence is an attack on the liberty of the Press, is, in fact, much the same sort of argument as if one were to sty, that any attempt to re strain murder or robbery was a restraint upon the arms and limbs of any individual, because although the King's subjects have a right to use their limbs without any restraint whatever, yet they have no right to employ them in a way calculated to make an attack on the lives and properties of their neigh bour. In like manner we have all a right to publish what ever we think fit, without limitation, but that license is not to carry us to the extent of making attacks upon hell viduais, or upon the institutions of the country. If, in deed, a general permission were given—if the law not only permitted men to publish what they please, but evinced a total freedom from all punishment with respect to whatsoever they did publish, just see what the conse quences would be to tffe Press itself. At present, no man who lives in this age can doubt, that the Press has a most powerful influence over public and private conduct, an influence that, when the Press is well con ducted, would be highly salutary, of the greatest import ance, and increase with the increasing education and in telligence of the nations of Europe ; but if it were once understood that the Press should beat liberty, unrestrained by any fear of punishment, to indulge in all manner of abuse, that it was one of the privileges attached to the right of publication, that a total impunity should be at tached to it, see what the consequences would necessarily be: so far from possessing that moral influence which a well-regulated Press must and ought to possess, the re sult of that licence would be, to throw the Press into a state of degradation and contempt, which would certainly destroy all its influence, and leave it to be considered as wholly unworthy of all respect ; so that the praise, the censure, the statements coining from that quarter would entirely lose all character and influence. Those, thero fore, m ho judge rightly on this subject, those who are sen sible of the great blessings—and no man is more sensible • than I am—of a free Press, must be anxious to keep it possessed of that influence which the moral power of the liberty of the Press ought to have, an influence which it can in no otherwise possess titan by the law correcting the extreme licentiousness which brings it into degradation and contempt. Although I think I may venture tosay that the publication I now bring before you is one of that nature which, had it been permitted to have passed unobserved among a variety of others, which indeed distinguished too much the age in which it lives, would bare had effect of putting every part of the Press on its own level; for if those who conduct the Press with discrimination, with decency, and with caution, are to stand in competition with those who conduct it in the manner this newspaper ha, been carried en — e if they are to be placed on the same level, it is inapoe eible that they ean he treated with respect, but that they point all be ereeted with the utmost contempt. Gentle man, I shall ne v er be either here or any where *4O, e l se , et any ;hoe, of avowing my owia oOtion, upon a subject of this nature. I confese, therefore, poldiely and freely, that I am one of those wit' think, and leave frequently thought at various periods within the last ten years, that the licence of the Press has been too much u nrestrained. I am free to say that I have thought the wholesome use of the Press would have been better ereserved, if somewhat more of correction had been es nee; interest , ; and that the particular period at place, I to ty say, that probably there sever l ' l t ‘ t L • l aT i' a a tt n e'tt ° :eltri the these of pehlie end liecoine so'inuch" - a'ireile tai ett.'thrir. time. The ptibliOatiO 4 iilt . eetle4'is celled 'the M' fining'. na l, There are three persees who are eleitged tvidi the I ta r e „ ce . I btlievethey are th e p ro p r i e tors—the reoet/iy I)l .,, pi e e tois of this journal ; the one is a Mr. Clutch, and Mr. Fisher, and a Mr. Alexander, who, as I ant informed, is the a uthor of this libel, anti the principal editor—a c,• s ees , Who, from the style in which he writes, of tWhiet " e eeee rote but it is said he hiss beers the author of - tiewv pater - th a te;i,..60 - ,;t':;1 . „; e , ; ; e,ttry. I . He seems to hare: thought thaaearye neent,:;•34heit'.pliieil t Lr likely to be placed ; in a station of elignity end :ben -iv, be mimes a fair subject for abuse, and among the resit my Lord Chancellor did not escape. Now, Gentlemen, I own it appears to me, that thou , p, r.;0115 W 13,0 are placed in high and eminent situations, although their public con- Juct may he very well exposed to discussion, yet it is not to he considered that merely on account of their eminence they are to have their private character introduced before the public for the purpose of slander and abuse. It is not because a man is a Minister of State or a Lord Chancellor, that every jackanapes or pretender who can write a newspaper, can have a right to attack him. Let the public measures of the Government be publicly dis cussed, let them be discussed fairly and openly, and no body has ever ventured to deny the right to disease public measures before a public forum ; hut I for one, will never admit that, 'oecause a man becomes a public man, you are to attack him, and reproach him, maliciously and unprovoked at pleasure. The publication that I am now about to bring before you is published in two characters, it is an attack on the Lord Chancellor, charging him with a species of corruption that would render him unworthy of his situation, and the Lord Chan cellor could not but feel that the attack called for some reprehension ; but, in considering the subject of this libel I own, it app•rars to me, that the attack penetrates much deeper than merely into the situation of Lord Chancellor. The writer of this article, no doubt, intended to traduce the private honour of that distinguished indi vidual, but he intended still more—he intended to hold up the administration of his Majesty's Government end:his Councils to public odium, by casting on them an imputation that persons . are permitted to fill them, not on account of their merit, their honour, and their honesty, but from corrupt and un worthy causes. It was at the period when my Honourable and Learned Friend, who sits besides me, the Solicitor-General, was reported to be destined to the situation he now so honourably fills, that this publication took place ; and the gentleman who wrote it, although I presume he knows nothing of my Hon. and Learned Friend, and perhaps had never seen his face, yet thought it impossible that his Majesty could se lect a gentleman, who by his own industry, his talents, and his great learning, had placed himself in point of prac tice at the head of the bar of the Court of Chancery—im possible to select that gentleman to fill the high office he now fills, without some corrupt motive on the part of some one of his Majesty's advisers. If that be the state of the Government of this country, that it is impossible any man, however eminent his talents and character, can arrive at such dignity and honour as to enjoy the privi lege of serving the public unless be gives some corrupt consideration for it, our free Government, so far from deserving the admiration of mankind, as it is said it does deserve, merits nothing but reproach. Gentlemen, you will judge when you come to read the libel what was the object of the gentleman who wrote it. Whether it was to cast a stigma on the character of the Lord Chancellor, to degrade my Honourable and Learned Friend, or to throw an imputation on the Government itself—in whatever light you view it, the defendants are equally liable to the punishment of the law. Gentlemen, I shall now state to you the passage and the comments upon it. It is of the 30th of May, 1829. The leading article is this:— " The appointment of Sir Nicholas Tindal to the Common Pleas, and Sir J. Scarlett to the Attorney-Ge neralship, has already taken place. Mr. Brougham, we understand, was offered the situation of Solicitor- Gene ral."—(Here Mr. Brougham, who was sitting next the Solicitor-General, laughed heartily.) One is really sur prised how these gentlemen get their knowledge. And what understanding this gentleman has you will see bye and bye. The value of the facts he had to build his un derstanding upon I very much doubt—" but he declined it in favour of the Rolls." The writer knows a great deal of the world to be sure—(Laughter)—" to which he looks forward, and to which he considers lie has ajust claim on the first vacancy. Mr. Sugden is to be Solicitor-General." Now this gentlemen is in possession of more secrets than any one of the Cabinet Ministers. " The reasons which led to this promotion are really so natural, that we beg leave to ex plain them as Sterne would have done by the mouths of his inimitable Uncle Toby and Corporal Trim." The reason of what promotion? The reason of Mr. Sugden's promotion to the Solicitor-Genetalship--and then he gives the fallowing dialogue between " Uncle Toby and Corporal Trim." " ' Uncle Toby—lt a Paymaster, or a Barrack-master lend money to his Commanding officer, what should 1 e expect? " ' Trim—To be promoted of course, your Honour. " Uncle Toby—lf a Captain, a tall broad-shouldered fellow, for instance, who has married a rich dowager, should lend a thousand pounds to his Colonel, what does be look for? "' Trim—To be made a:Major the first opportunity; and as your Honour knows,:God bless you, to be placed in the way of higher preferment. • "` Uncle Toby—And if a Major should lend his General all his fortune—say thirty thousand pounds, for example-- what then ? " ' Trini—To be placed in the General's shoes, your Honour, before the end of the campaign.' " Now comes the remark of the Editor upon this libel.— " This is, we admit, quite satisfactory." Satisfactory ! In what sense ? Why, in the sense in which he intro duces his reason for Mr. Sugdeu's promotion—" There is reason in this merit." What merit? Why, its the merit that the individual who is the "Learned Personage" mentioned here, should, for the advance of thirty thousand pouusls, appoint Mr. Sugden to the Solicitor-Generalship. "And there is point, too, in the argument which Mr. Sugden and another Learned Personage trial be at no loss to comprehend." Now, Gentlemen, let us pause here for a moment and ask our selves what other possible meaning this waiter could have had, or rather what other possible meaning those who read it could attach to it than this, that the cause of any Learned and Hon. Friend's promotion is that srciee of promotion pointed out in the - libel—that he has lent 30,000/., that there is reason in that merit, and that Mr. Sugden will understand the point of argument, and that also another Learned Personage will understand it. Now who is that Learned Personage? I believe no man who ever read this paragraph entertained a doubt that the writer meant to point to the Lord Chancellor; awl 1 will show you by and bye, by another passage, that he really did, mean to point to the Lord Chancellor, iu order to give currency to some scandalous reports that that Noble Lord required pecuniary assistance—a report which he, I sup pose, and his coadjutors, took pains to circulate for the purpose of detracting from the honour of his character ; and you will see how, having introduced this into the Leading Article, he who reads the other little part will attach meaning to that Leading- Article. It is a very vulgar opinion, and the gentleman who writes this, will excuse me, if I do not exclude him from the number of those who entertain that vulgar notion, that the Lord Chancellor has a great deal to do with the nominaticn to the office of the Solicitor-General. Now those who read this, and who imagine that the Lord Chancellor is the per son who is mainly concerned in making the appointment, or in getting the promotion, would naturally suppose that the person who procured the promotion was the person to get the pecuniary consideration ; and to whom else can you apply it, but to the Lord Chancellor ? —My Lord Eldon, we all know is a very " Learned Personage,"—ne man more so—but the writer could not mean him._ He could not mean the Noble Lord who presides on this occasion, because nobody would sup pose that he could have any political influence with respect to filling the situation. Who is the "Lest ned Personage" then? Some learned personage there must be, according to the understanding af the writer, who, it seems, will un derstand the point in the argument, and Mr. Sugden, that is, any Hon. and Learned Friend, who is promoted to the situation, he will understand the point in the argument and the merit of that promotion which any Hon. and Learned Friend was then supposed to be destined for. And again, although the dialogue is put, as it were, between two mili tary men, yet you know the character of a Commander-' in-Chief, by an easy transition, may be applied to the Commander-ineChiel of the profession of the law, as well Ifs the Commander-in-Chief of an army. The Corr,' al is speaking here of promotion in the army, - 1)0 the writer means to apply that to the law. Therefore, with re spect to promotion in, the army, the loan of 30,0001. would enable a Major to he platted in the shoes of hie General before the end of the campaign. In law you would naturally soppose that my Honourable and Learned Friend t w h o e u L ld or li d e Chancellor now end d v b tl ye l la t . ') fl i g lu t t h , e g i et l l;4 “ tp 3 n ti ,ll - } v at, hi z e t h o doubt may be left of the intention of the writer, let us tra vel to another part of this paper. Now I will suppose that any hotly who read this should consider that it is some lawyer, some legal personage, who wants this 30,0001. and who has applied to borrow it, and that he imagines that individual to be the Lord Chancellor: then we shall turn ro - .;nd to another part of the piper and see how the writer paititi it out wzzin. Under the head of Gossips of the Dey' - tliere'lis ni:titie.--1' 'r.,. " LET IT STAND OVER TILL NEXT SCSSIONS.-Thi3 Parliamentary cant term, whiith has been 'ad chnatantly has lately l a in gt e a t l great legal Lord beenusti by y d o o p u t r e ( no n e r a a n s o t i t n h a e t r i or , 0 , u v s a c e , i 1 I t a h t 3 i i t ) g oAf and Lady who are so much sought after by mania loud single knock visitors, that the servants, to save themselves time and trouble, have hung Imp in the hall the following 1 v ii .,ii,c. :;;1:w:, , ,r :—.7Let it stead over till t h e nex t S es sion." 4--fti3gl'i:'er:; all isric a t k v e :e a k tl e i t u l s me i s ti c ua tZp l a v t i a: i g c r id ap p l o is ttx to: y: ti c ie u e, th a e mi ti ii r teal i re t: i 1 gentlemen, to whom you would apply them ? He first - of 1 ing of it, can doubt, is aimed at the Lord-C3mPcaq and then by turning to this paragraph among diva`u-7, of the day,'' you find an allusion to a legal Lord , as called, and Lady—a legal Lord and Lady, both are represented in a stare of Pecuuiary distress, and the re fore to whom an advance of 30,0001. would be a gr eat : C t ; commodation. Why, gentlemen; I think it is impown t read these two paragraphs without seeing that they referre° the Lord Cbaneellor, and if any man were to swear 1 1 self black and white in that box, I should bear bit 0. . „ .., I should not prefer his statement to your judgment. , right had this person to pretend to a knowledge of hw Lord Chancellor's private affairs ; or if he did itsicof pi ivate affairs, what right had he to hold them forth I° the public for the purpose of attracting censure that Noble Lord, and of insinuating that be 'woul d °c u ., from corrupt motives in introducing a gentl ema n into " Majesty's service ? Whether he meant the Lard C hi ! cellor or not, whether he intended to aim at any b , • dual in particular or not; whether he will say to-dal ' -in' himself or his Counsel, he bad no specific individ ua l i t ; view or not ; whether be will attempt to persuade•r u ,'"it that belief er not, I will ask you whether you tbin a , any thing but dishonour and disgrace to ,his , A la j etri o Councils, that the mode of obtaining a high. vacant situation in the administration should be 4 14 0 ing 30.0001. to any man living ? Or what, .1, sb au ask, niust his Majesty think of his subjects, if therreeoul; mended the promotion to him of any iudividual on seat grounds? It is my humble opinion, gentlemen, you vi consider it a reproach on the Administration and Gave ' ment of the country, if such a thing could exi.t. When you come to consider it - manr yrytir'Sel l 'i would it riot be a matter of reproach and 'co:deal - MO W I If so, what is to be considered of it if it he liliellotre;-if is false, and totally without foundation ? But it d not because a thing is false, that Man utitsY, be as foolish who reads it, as the man ivr ° s it. There are many persons who tiki altar *at; from newspapers ; and as long as one-part 'of l o Press is conducted with honour, it is an. iuktry don e , vGr t oh o edanu l : t e cylee, c mui onducted in the way in wlijoli ah 4-144 11 that part of it to permit a publication like tins Moroi" Journaldone. th.an reee introd u ced e ti n iiiilsl l ubba T vec i e ll ttoto n d o ye t ocuid tio ity u p b oonu le o) 11 in your honest opinion, the words of this paragraP or to throw on the Lord Chancellor motives of corruption,tos fasten odium on his Majesty's Councils, by insinuating to a promotion to a high place was the 'result of.eottillit and improper views? In my humble opinion, it Will :a for you to pronounce your verdict in the affirtnOve; in one word I have dune. So long as the task of reel; ing the licentiousness of tbe.Press is placed itiihetourf of a Jury, I feel perfectly satisfied the publitputefees safe, and the Press itself has its best security. The affidavit from the Stamp-office, proving the posit# cation and proprietorship was put is and read, •._ The libel, contained in a copy of the Morning Jatorro ' dated May 30, 1829, and purporting tcobe- print John Fisher, was also read. The patent of the Lard Chancellor was tbeu provigl• L a The two patents, the constituting Sir Edw. /.3uirten s o 7o Sugden King's Counsel and Solicitor-General, Wer e .„,• proved, together with the Gazette in which t he . a p r ". ment was pblisd. Sir N. Ti u ndall h , e the Lord Chi f Justice of the CoU l 'r Pleas, was the first witness called, and examined by B11,01:411 AM. Has your Lordship read that paragraph? Yes ; I have read it before, and I have hear d it sr,s4l,i, Who do e s your Lord s hip consider the par a g renh ludes to ? My Chancellor. ts wi sit Lard TZNT O M EN L Does either of the de&ndan to ask any questions? Mr. Alexander declined to ask any queation. Lord_ Mr. Baouonam—( to the Court.)--Will your•f Justice ship be kind enough to ask whom the Lord Ow ? considered the words nth, r learned personage" ailed t° Sir Nicholae Tind.l —To the Lord Chancellor, think so, from the subsequent part of the paragraph, 3' from the general structre of the paragraph. Lord Bexley called, u and examined by the Arrolol GENERAL—WiII your Lordship be kind enough to whether you have read those paragraphs? I real the paragraphs some months ago, but I 'do not di ; tinctly recelleet, although it was in a newspaper, wite ti ,„ l it was in a copy of the Morning Journal, or its other Paper, which purported to Lave copied it ' n ' e is , the Morning Journal. I have also heard it read this 0,, Hiving heard it read to-day, will your Lordship; good enough to say, in your own judgment, w hom (1°) ? , understand to he meant by the .‘ other learneilpereonagielor. I believe it to be intended to mean the Lo paragraph rd C ii h e ' " to oak Mr. Alexander—Will your Lord s hip • you in what Paper you reol the butam not I bel eve it was in the Morning certain it was in the Morning Journal, but I thus' W dye in some paper which professed to have copied it f i , u , rn i „rte Morning Journal, as I am not in the habit of reLst'ef Will you allow me to ask what confirmed your that it applied to the Lord Chancellor ? so d BCCall'e taking the paragraph in its general seose' ve r. particularly the expression, the " other Learned I sonege," could not apply to any other person. Is there not any other learned person to who.' er krill General would ha applied more appropriately tbi° toy Lord Chancellor? id Lord TENTELMEN—Is the word General conta' the persgraph ; isn't it Commander. in-Chief ? oti Mr. Alexander—But your Lordship will find the General as well. To Lord Bexley—l asked your Lordship to iow r- beat if you can conceive any other learned person to the tern General might be applied? 1 conceive it might be applied to the Attorney - s-• - • pe e but it would be by a sort of equivoque—a Play epee words. Ido not think that he would have been the „' fur son who would recommend to his Majesty any P erms the appointment of Solicitor-General. ex am' The Mister of the Rolls was then sworn , and ex a ,4l 4 by the Soracrroa-GxNease—Will you allow me to whether you have read that paragraph ? I have real it carefully before I came into Cour°t.tper can entertain no doubt whatever that the term bold Learned Personage" is intended to apply to the Chancellor. no` if Cross-examined by Mr. Alexander—Does your el iee li recollect the time when this paragraph was first l'ic tb° when your Honour first noticed the paragraph vr Solicitor-General has called your attention to ? As I never was in the habit of reading the 3 .1°- t wo Journal, I never read the paragraph until this last days. it iOl Where did your Honour first read it ?---Wa tj newspaper I first read it in a manuscript copy that - OP" two days ago, with a view to my giving evidence ia csse. Is your Honour in the habit of readily: the nowsiT Some newspapers, but not the Morniug JourAa ia " t h , g Did your Honour not hear of the proceedioo Court on the 19th of June last ? O r° I observed generally in a newspaper that t.e some proceedings of this sort. Lord TENTRane-N—The witness can't be a sked s r has read in a newspaper which is not now in Cou rt ' e cio Mr. Alexander—Who sent your Honour the man° copy to which you have alluded ? The Lord Chancellor. rek r Has your Honour ever been told that this art;eir tti ° tp the notice of the Court, that the application of it Lord Chancellor had been denied by all? Lord TEXTERDEN—Then we must have the Private evidence cannot be given of a written do e whether they will be evidence when they are Prts"u'' another thintr. Arrottsrev-Gmexuar.-1 have two objections. 'FY go o Mr. Alexander then declined asking any further q lion,. pie ly Mr. Baron Vaughan sworn, and exernipea GuaNr.r.., bees Has your Lordship read the paragraph which JO read toaday ? I have. Did you happen to read it at the time of its pou,-,lotti Immediately upon its publication, or very rece°t''„/,liv To whom, in your judgment, is intended to or he h tiro words and tile Learned Personage," ja t o graph ? I had no doubt, when I real it, that it ryas jaw be applied to the Lord Chancellor. And does your Lordship still retain that opini° It was a very strong opinion of my mind when pie read it, and as often as I have heard it read since I been confir:d in my opinion. o va' m ßy Mr. Alexander—When was your Lor dshi p s D , tin heft eei'ed - to ii.regra; 111' ; . MY atteUtinn first callefftdie when i t ar t re 3,, At what . ) cried? • „ aij tr Load TENTRaDEN—III9 Lordship says intr after tl.e publication in a newspaper. io Mr. Baron VAUGHAN—I think.l read it pito Morning Journal, although I am not in the ha reading that Paper. ego t Mr. Alexander—Was not a manuscript copy Your Lordship's Office? Yes, Sir. 11i1V s . t pAt I hy the,Lard Chancellor, the day before yr t-e : u •co 1 Wheu did your Lordship arrive at the conc'