The Sun. — London, England, 1829-12-24 00:00:00

" ears polite," with such harsh and ungrateful words. Thl'n my I easned Friend mentions the allusion ti your Whig Attorney-General :" but, gentlemen, is that a libel that the Learned Attorney-General is a W hig. And now Gentlemen, I ask, as you cannot shat you r ryes exactly to what is passing out of doors, I ^thether yoa did not read at the time, and after the Passing of this measure, day after day, accounts of occur rences which made your blood run cold. Since that it has been thought that what did prevail, would prevail on Passing the measure. But will you, Gentlemen, or can any one else attach any blame to the writer who predicted it ? Was it blameable to state that opinion, when the writer believed that it was to be imputed to the-result of the measure that was passed, and when no intention pre vailed with him of defaming the Duke of Wellington? The writer only firmly and honestly stated his opinion, which was also the opinion of a large portion of the Com munity. Wheats!. the Noble Duke did what is stated in the lettar, or ialiethet‘ he did nht, it was the opi n:64 of this gentleman that he did say so, the truth of it is not for you to enquire into, but I ask you, whether in your opinion lie did or did not niake them. That is no libel upon a Minister, that gentlemen believed it to be so. Now, Gentlemen, here is what might be thought a sneer if not explained. You see this gentleman has addressed the Noble Duke. " Your B ig/loess," I believe that this gentleman has given him his Tight title, for he is in fact Prince of Waterloo, which entitles him to be addressed your Highness, ahlua gh it is the common course of this country not to use it.— Theae are strong passages, I admit ; but I ask you if, in the momenta of deep feeling, such language would not be justifinble in calling the attention to a measure at a ti me when there were very few men who did not be lieve that such a measure would be injurious to the first principles of our Constitution,—when there were so many men who believed the rights' of the ' , abject were in danger. It does not speak much for the sagacity and prudence of the public prosecutor in this , when one would have hoped that those feelings would have sunk to rest which had so excited the country on that occasion ; it may be wise, but I take the humble liberty of doubting it. It may be considered wise to call into action these feelings again, to discuss this question again, by Prosecuting those who not only thought and felt, but Whese duty it was to think and feel deeply—and w h o on oat occasion thought fit to complain of the Duk e o f Wel "gton. This question is entirely a question of intention, Whether it was the intention of this writer to libel the Duke pf Wellington? You remember, Gentlemen, how deeply were the feelings at that time, and you will say whether the writer intended to call the public attention to measures which he thought and felt were injurious to the principles of the Constitution. lie believed that there was a blow aimed at the Constitution, which he would never allow to be overthrown. It does not speak much for the wisdom, Prudence, or sagacity which has been so much boasted of, by instituting, nor would it be much increased by these p e rsecutions. I rather think it would have been consi derably increased, rather than diminished, by ab staining front these prosecutions. If the Noble pro secutor had remained content with the glory which he had acquired, it would have been more prudent than to have attempted to have increased it by the conquest of three individuals conducting a newspaper, than in choosing a conquest over them to that of the libeller himself. Above a hundred Years ago it was recorded that the opinion of all men was more flattered by being praised for the pos seaaion of qualities in which they were deficient ; and it had been said of one of the greatest Generals of old times, that he paid much less attention when persons who wished t° make their court to him, merely flattered him on the score of his great achievements and conquests, than t ° those who persuaded him that he was an excellent lin ger, which wae a quality he did not possess. It may h oe been whispered to the Noble Duke, that his conquests Were not complete ; lie may have been told that it was much more glorious, to conquer an unfortunate printer; that the most glorious feat of all would be to capture the defendant ; to draw a captive at the wheels of his chariot, his presses, his paper. and his ink ; this, he was molt pro bably told, was the most glorious triumph. After refer ring to several other passages of the libel, and ably com menting on them, the Learned Gentleman sat clown. Mr. Alexander stated, that he should not trouble them at great length in his defence. With the libel, and the person who wrote it, he had nothing whatever to 4 " , "'A he attributed the present prosecution to a design of t he present Ministry, as he had before stated, to re strain the liberty of the Press, and crush those who derail to oppose it. Mr. Alexander then sat down. The Arroaxer- GENERAL then rose to reply, to which Mr. lIUMPHRITS objected, but Lord TINTE&DEN ruled that the Attorney-General was ' always entitled to a reply, when engaged officially. The Arroataxv-Gaairaar, then proceeded to address t he Ju r y. H e was certa i n t h at M r . H ump h reys-expected , • Would reply, as be (Mr. H.) had made use of observa tions, and laid down propositions to which he 'Mtt have anticipated a reply. The Attorney- General continued :—Mr. Alexander has told us that the signature to the letter is the actual author, and that it also states his residence. Whether that state ment is correct or not I do not know; but the author, b e whoever he may, has not ventured to come forward and declare himself. It is not because the defendants are • not the real authors of the letter that they are not legally reaponsible. Suppose, gentlemen, one man prepares a • Poison, and another administer, it, would it not be the height of folly to imagine that they were not both equally lloilty of murder? This proceeding is not instituted by the Janke of Wellington, for the purpose of prosecuting the n ewspaper; but not being able legally to prove who was the author he had no other alternative. I can assure you, however, if the real author is ever known, the Duke will not fail to take steps to punish him. My Learned Friend thinks it very hard that a publisher should he Punished and net the writer,—there is no hardship in it ; f "la suppose a man writes a libel for his own amusement, and lets it lie on his desk, there is no harm done—it is the Publication that is the crime. The next topic to which h Y Lear ne d F r i en d h as a ll u d e d to , I can assure hi m h e as quite mistaken what I said. lie supposed I applied the terms of folly and ignorance to all those who oppose the great measure of Catholic Emancipation, I did no such taiag, What I said was this—l should pass over all the folly and ignorance of the writer, %filen talking about those who did oppose that measure, and likewise his state ments respecting the anarchy and confusion which now existed in Ireland ; and I think, Gentlemen ; I may here take upon myself to say, that the state of Ireland for ninny years has not been so tranquil as for the last five or six months, I can steatite you it is in that state as to give the greatest s atisfaction to his Majesty's Minister. It is increasing every day in prosperity and peace, so much so that all t hose engaged in the administration of the laws in that country, from the Lord Lieutenant downward, have the greatest confidence and satisfaction in its future prospects. Gentlemen, I am astonished how any man could suppose fora moment that I intended to impute folly and ignorance t ° many noble and distinguished individuals, who con scientionsly entertained the same views on the Catholic question as the defendants. Yet, my Learned Friend rises °P in arms and charges me with the grossest illiberality. The next topic to vi hich my friend alluded was, that the Duke of Wellington, by this proceeding, brought himself into comparison with the printer of a newspaper ; and that it was a proceeding unworthy of his high station. Gentle- Men, let me impress upon your minds that whatever you may think of this prosecution having been instituted by the Doke of Wellington, with the propriety of that you have nothing to do. By the oath you have taken you are hound to say whether in your opinion this publication a libel or not ; you will say by your verdict this day, Whether you think a Minister of the Crown ought to put with the most scandalous abuse without notice. Gentlemen, I appeal to your passions —you are not here this day to try whether the Duke of Wellington did right Or not in bringing this prosecution, but whether the law of th e land has not been most grossly violated. You ,re not here to decide whether it is policy in a public man to pass over all libels levelled against him by the Press, that is not a question for your decision. AIY Learned Friend has told you, that from the great use folness in newspapers they ought to be dealt with favour -414Y. It is no part of my duty, Gentlemen, this day, to vindicate the course the Duke of Wellington has adopted. He `lid not proceed by ex-effcio information, as he might have 6 ° ll e, but chose rather to go before a Grand Jury ; whether this course was right or wrong I have nothing to do W ith. I know that those who take their opinisns entirely from the Public Press will think that there might to be no Prosecutions for libels; but those who did not take their ° Pinions from that source thought differently : let any man b trnme the subject of attack—let hits have his feelings lace rated —he will then form a very different opinion on the subject. And, G e ntl emen , let me tell you there e no persons more sensitive on this point t han these connected with the Public Press itself. 'his Lordship has sat day after day hearing cases of libel arising out of disputes between one reporter and another. Anti of what consequence, gentlemen, was such libels to t he present, it was no more than a drop of water to the mighty ocean. I say it does not reflect on the dignity of "Y man, whatever his situation, to be insensible to the z "taeka of the press. Neither can I ever subscribe to t 1 ;" dortrine, that all public men should participate in the I insensibility. lam aware of the power of the press, and in some cases its usefulness, but this is no excuse for its traduc ing, day after day, the most exalted character•. For in the country, many ignorant persons take their opinions entirely from the public Press. Surely then it behoves every man whose character is attacked, to sit I t ito right with the mild. We are told that excuses ought to be made for the hurry in which matter is prepared for pUblication, lint that was not the case in the present instance. Months were allowed to elapse after the Duke gave offence by sanctioning the measure of Catholic Relief before the pub'ication appeared ; it was a most deliberate composition; and if written by the Rev. Gentleman whose name is af fixed to it, I should almost be inclined to think received as much consideration as he would give to one of his sermons. The Duke of Wellington was charged with abusive the power of his office for his own personal ag grandizement. If, however, such had bren the case he would indeed have been unworthy of the high station he ❑ow fills, and justly liable to a charge of a criminal nature; but the fact was the very reverse, and there was no authority to justify the writer of this article in making such charges, except it was the authority of a corrupt and licentious Press. 1 know I shall be accused of great ty ranny in the said prosecutions; the Press of the country will make common cause with each other. I knew an in stance some time back, where a (lay or two after the trial of a proprietor of a newspaper for libel, he thought proper to publish the names of the Jury—if I could prove tat this was done to show to the world who the men were that convicted him ; or if, in any such case, the names were published to influence any future Jury in giving a verdict, I now declare that I will take my part in bringing the Editor of sny newspaper, that so publishes the name of the Jury, with such an intent, to condign punishment. Let, Gentlemen, the administration of justice be kept pure, The publications of the Press are not to be passed by with impunity by a Minister of the Crown, except a law should be passed, and a Jury should sanction such a law, to pre vent a public functionary from noticing its attacks. Sup pose such a law could be passed, the Press would at once lose all its influence—it would abound with base falsehoods and sink into the filthy language of Billingsgate. We can- not suppo e, Gentlemen, but that Ministers have the same feelings as other men ; and if they are charged with cowardice and treachery, and every other species of base ness, it is only natural that they should seek the same redress. The Duke of Wellington is destined to go down to posterity as one of the most distinguished Generals and eminent statesmen that ever adorned this or any other country; would it not, therefore, be imprudent to let these libels go uncontradicted. I call on you, gentlemen, upon the oath you have taken this day, to do justice ; do not fear by your verdict of pulling down the liberty of the press. It is the cause of the people of England that you are this day to decide, for should the time ever come, when Juries were fearful of incurring the anger of the press, then indeed would tyranny reign, and justice would never be administered. You are called upon to decide whether this publication is not calculated to injure the feelings of the Duke of Wellington. What would you think if it were levelled at you, and the Duke of Wellington feels it not the less because he is a Cabinet Minister; after there have been already three prosecutions, I beg pardon for occupying so much of your attention, but I wish to impress on you that the time is come when punishment ought to, and must, follow. The LORD CHIEF JUSTICE summed up. Ile gave it as his opinion that the publication was clearly a libel; and there could be no doubt that the highest character i❑ the land had an equal right with the meanest subject, and was authorized in coming into Court to vindicate his ch,u•acter against the calumnies with which it had been assailed. The Jury, without retiring from the box, found all the defendants Guilty. THE KING v. BELL. Mr. ALDERSGN opened the pleadings. This was an ex-officio information, filed by the Attorney-General against the defendant, who was Editor of a newspaper called the Atlas, for publishing in that Paper a false and scandalous libel, reflecting on the character of the Lord High Chan cellor of Englaad. There were other counts in the decla ration, charging the defendant with publishing a false end scandalous libel on Lady Lyndhurst. The ATTORNEY-GENERAL addressed the Jury, This was the fifth time he bad to address them on the subject of libels, and it gave hint great pleasure to say, that for some time it would be the last. This was a prosecution instituted by the Lord Chancellor, whose Counsel he was, and it was his duty to state to them the article reflecting on the honour and character of his Lordship. The libel had charged in a mast artful manner one of the Ministers of the Crown with carrying on an illegal traffic in the sale of ecclesiastical situations. The libel was worded in the most insinuating manner, anti well calculated net only to bring his Lordship into contempt, bat also his Lady. The Jury must be aware that the Lord Chancellor, from his high station, bad considerable patronage. They must also know that he was bound to bestow that patronage unbiassed by sordid motives, and if he had acted otherwise, he had been guilty of crimes of the deepest die. He would read the libel, and then the Jury would see the artful manner in which it was worded. It was as follows :—" It was generally stated in the political circles last night that a certain Noble and Learned Lord who enjoys great pa tronage, had been trafficking in Ecclesiastical pre ferments." The libel went on to say, that his Lord ship's friends did not believe it, but that if any eccle siastical appointments had been bartered, it must have been through the medium of his Lordship's wife. The Attorney-General then said, the reason the Proprietor of the Paper was not included in the prosecution was, that the defendant had stopped the Press, and inserted the offensive article without his knowledge. The Attorney-General went on to remark, in strong language, on the 'nature of the libel, and bow calculated it was to injure the character of the Lord Chancellor. Gentle men, in conclusion, I beg to remind you, that this information was filed by the leave. of the Court of King's Bencn, upon affidavits filed by the Lord Chancellor and Lady Lyndhurst ; and every opportunity was given to the defendant of getting rid of this prosecution, if he would give up the names of the parties from whom he received it. Mr. Edward Panter, the printer of the Atlas, and Mr. Shepherd, a relation of Lady Lyndhurst, were examined. Mr. Bell then rose—He trusted the Jury would not attribute any feeling lie might evince to fear, but to the novelty of his situation. He felt the greatest anxiety to vindicate himself from the charge of being a scandalous libeller. The qnestien with bins was more a question of i haracter than any thing else; he had no political or personal objects to answer—the character of the Paper he had the honour to conduct was distinguished for its neutrality in political matters. He was anxious also to state that he had no intention whatever to wound either the feelings of Lord or Lady Lyndhurst. He thanked the Attorney-General for the temperance with which he had acted towards him. It must be well known to all that the Editor of a newspaper stood in a peculiar situation—he stood between the public and the proprietors whose interest he represented. It was necessary for him to obtain such amusement and instruction as would please all. being placed in such a situation, he was above all liable to the risk of prosecution. The matter complained of was furnished to him by a confidential correspondent ; and sooner than barter the trust reposed in him by those who gave him that information, he would suffer all the incon venience of the present prosecution—he never would be denounced to the public as a man who would barter a trust reposed in him. The Atlas newspaper was, perhaps, one of the most ambitious attempts ever known on the part of one publication to give matter generally contained in many publications ; it entertained : no hos tilities to any man, or any b o dy o f men . It had oc curred merely from mistake—mistakes occurred every where, even in this Court—not long since a Learned Gen tleman argued a case most strenuously, and shortly after discovered, on looking at his brief, that he was for the other side. A newspaper might be consi dered a mirror which reflected passing events, and in a moral point of view could only be considered re sponsible for the shadow, and not the substance. The alleged libel stated nothing definitive, it merely dealt in rumours. It was true rumours were not the legitimate property of newspopers ; they would go from one to another, and increase like Mrs. l'iozzi's " three crows." Was it, he would ask, unlawful to print that which it was not unlawful to speak? The law of libel was certainly very imperfect, but he hardly thought it would allow such a course to be taken. It bad been remarked by Holt, that nothing could be onaidered a libel unless it were personally known and understood. His case came precisely under that denomination. In the case of Lord Addington, who was tried for publishing a speech in the House of Lords, calculated to wound the character of a solicitor, Lord Ken yon observed the matter of that libel must be clearly under stood, and a malicious intention be shown. The liberty of the Press was a natural right. No matter in what form—it was a natural right. It was true that if the Press were not to have boundaries it would certainly be a curse to the country, but where were those boundaries to be found, or in what manner they were to be fixed ? Not by legal pro ceedings, but by public opinion. The liberty of the Press, we are told, is a bidden gem, and that the moment vou put foi th your hand to reach it, you are punished for the attempt. By their decision the Jury would fix the amount of reapongitdlity th It aft' t. the editor .' a Newspaper for publi , hinz it 0 b riot..l iMISI•it ex before. The public Pre , . sva. at till , iocoient an itbi,•et of considerable interest fr..in the many rali.innics that bail been published against l!dirti•ters.. There w..s in knowing that if or:e portion of the Press harl;dealt in oalumnies, others had not. He believed that the Public Press was never at a higher point than at present.; (From want of time we regret that we ,:antiot give the remainder of this speech at length.) The LORD CHIEF JUSTICE then charged the Jury. After retiring half an hour, the Jury returned a writ ten verdict to the following effect That they found the defendant Guilty of publishing the libel, but in con sequence of the doubts they entertained of his participation in the guilt of it, they begged leave to recommend him to the merciful consideration of the Court." Mr. ATTORNEY- GENERAL addressed the Jury, and ob served that the verdict and their recommendation was so completely in unison with his own feelings, that he had treat pleasure in forwarding their recommendation to tl e Lord Chancellor. Ile also felt it right to observe that the verdict, and the course pursued by Mr. Bell, in hie opinion, paid a great compliment to the talent, the gentle manly feeling, and the moderation of that. gentleman. Paters OF STOCKS THIS Rink stock 216 Ni 15!-. 16 3 per Cent. Red. ...01 :IN 4 3c 1 per Cent. Cons. shut '34ci per Cent — Ditto Red. ICW‘, 100 t per Cent. Ann Ditto, 1826 Ditto Scrip — Egsnii 1.. Ann. Ditto 30 years India Stock shut Ditto Bonds pm. DAT •T OWE O'CLOCK. South Sea Stock shut Old Annuities 91% New Ditto shut Ex. Bills, Z1,00(I 9d. 74:75 pm. Ditto lid. 72 73 pm. Ditto ..... 9d. 74 75 pm. 72 73 pm. Data small2d. 74 75 pm. Ditto lid. 73 74 pm. Bank for Account.... 217 1 ,4 217 'lndia for Account - Cons. for January 95 4% 5 HIGIN WATIR. AT LONDON BRIDOZ TO-MORROW. Morning... 22 minutes after 1 I Evening ...48 minutes after 1. *1111.4 „ Ftzr . LONDON, THURSDAY EVENING, DECEMBER 24, 1829. The Paris Papers of Monday contain no news. The following are the prices of the Funds : FRENCH FLINDS.PARIS, Dic. 21.-Five per Cents. 10Sf. 60c. 55e. 50c: 40c. 35c. 30c. 25c. 30c. ; Three per Cents., 84f. 60c. 65c. 55c. 84f. 50c. 40e. 30c. 35c. 40c. 30c.; Bank Actions, 1,920 f. ; Rentes da Naples, Cer. Falconet, 921. 30c. 20c. 10c. 921. 911. 60c. ; Rente d'Espag. ; Royal Spanish Loan, 54-1 84 ; Re►.f Perp. d'Espagne. 65i Hi- 66 Shill- H ; llaytian Loan, 4171. 50c. 4201. Exchange on London,-one month, 25f. 55c. Paper; 251. 50c. Money; three months, 25f. 40c. Paper; 251. 35c. Money.-Court An thenti que, Dec. 21. The following are extracts from German Papers. It appears that the Russians are turn ing their attention seriously to commerce, in order to reap the benefit of their warlike opera- ►ons : TRIESTE, DEC. 10. By a ship which has arrived here in 18 days from Alexandria, we have the confirmation of the intelli gence of which we have already spoken, that the Turk ish men-of-war, which have been atianchor ever since their escape from the battle of Navarin, are to return to Constantinople. The whole squadron was about to put to sea when the above ship sailed. An Austrian bark belonging to the squadron off Tangier, bound from Algesiras to Venice, arrived in Pirana yesterday. Letters from Venice say, that the differences be tween our Cou rt and the Emperor of Morocco have been adjusted by the interposition of England, and that the Austrian squadron is on its return home. ODESSA, NOV. 28. A very high wind has hitherto kept the Turkish Ambassadors on board their ships, which lie at anchor at some distance from our harbour. PETDRSBURGIT, DEC. 9. His Majesty has been pleased to give his sanc tion to a resolution taken by the Council of the Empire, at the proposal of the Minister of Finance, for the formation of a Council of Commerce in this capital, with branches depending en it at Moscow, Riga, Archangel, Odessa, Taganrog, and wherever they may in future be judged necessary. Princa Chosrew Mirza, with his suite, and accompanied by General Rennenkampf, arrived on the 21st ult. at Tula, where he visited the public masquerade, the manufactory of small arms, the theatre, &c. Private letters from KischenetT, in Bessarabia, of 26th November, announce that on that day a very severe shock of an earthquake was felt there, which continued about three minutes. Almost all th e buildings are damaged, chimnies thrown down, and the main walls of several houses shaken to the foundation. A similar shock was felt on the same day at Dubossary, at three in the afternoon, which lasted four minutes, and was accompanied by a subterraneous noise. The doors flew open, the plaster fell from the ceilings, &c. FRANKFORT, DEC. 16. It is reported at Cologne, that the free nariga ion of the Rhine will commence on the Ist March 'ext. By the Brussels Papers we perceive that the KING'S attempt to subvert the liberty of the Press begins to re-act upon himself—the States General have rejected one budget, and the Mi nister withdrew the other in a huff ! THE HAGUE, DEC. 19. SITTING OF Tnu SECOND CHAMBER OF THE STATES GENERAL. His Excellency the Minister of Finance and 107 Members present. The Order of tl►e Day was the continuation of the debate on several laws relative to the Budget. Several Members having delivered their sentiments, and the Minister of Finance having replied in de fence of the proposed law, they were severally put to the vote : That for the expenses of the Decennial Budget was adopted by 61 votes to 46.—(Cries of "Bravo !" from the galleries.) . That on the ways and means of the Decennial Budget was rejected by 55 votes to 52. That on the National Debt for ten years was adopted by 88 votes to 19. The annual Budget of the expenditure for 1830, was adopted by 54 votes to 53. His Excellency, the Minister of Finance, with drew, in the King's name, the Budget of thelVays and Means for 1830, because it is intimately con nected with the rejected Budget of the decennial receipt. The law relative to the payment of the Public Debt for 1830 was adopted by 103 votes to four. The sitting was adjourned Co Monday, to receive a Royal Message. BRUSSELS, DEC. 22. Some time ago we announced that it was in con enriplation to suppress two Universities ; the Jour nal of tke province of Liege says, it seems certain that this suppression will fall on the Universities of Utrecht and Louvain, the latter city would, as a compensation, become the next seat of the High Court of Justice. It is to be observed, however, that all the six universities of the kingdom have their place in the Decennial Budget. The prosecution of the Morning Journal, 1, T by the L ORD CHANCELLOR, has had the effect of negativing, by the verdict of a jury, the im putations made against his Lordship relative to the Solicitor-GemeralshiP—which we may safely say were never at any time believed by any indi vidual who really knew any thing of what was going on in the world. Of th e expediency of the proceeding it is superfluous to speak now wee it • and of the reference of the Alleged libel to the Lunt) CHANCELLOR, the most noble and Icat tied witnesses called for the prosecution appear to have perfectly satisfied the jury, and we have no desire to impugn then verdict. A cm ious historical fact was alluded to by the ATTORNEY-GENERAL, illustrative of the power supposed to be possessed by our earl) Kings of restraining objectionable publications . The first printing-press was introduced into this country by HENRY the SEVENTH, who claimed on that account the privilege of preventing any interference with the right thus acquired by the KING, as it were, by copyright or patent. This was the sole foundation on which the right of censor ship rested—a right which under the STUARTS had almost become part of the law of the land— mail it was happily overthrown at the revolution of 1688. The common law contains no traces of such a right—nor could it, inasmuch as it is of so much higher antiquity than the art of printing. It is not very easy to reconcile the eulogiums of the ATTORNEY-GENERAL upon the salu tary influence of the Press on public and private conduct—an influence which, he says, is increas ing with the increasing education and intellect of the nations of Europe—with the avowal of the Learned Gentleman, that " he is one of those " who think, and have frequently thought at " various periods within the last ten years, that " the licence of the Press has been too much " unrestrained, and that the use of the Press " would have been better preserved if some " what more of wholesome correction had been " exercised over it." The meaning of this is, that some other tribunal than a Jury is required for the repression of libels, or probably that Sir JAMES SCARLETT would be glad to see the repeal of Mr. Fox's inestimable Act, which gives to Juries the decisio❑ both of law and fact in cases of libel. However, the insinuations of lawyers are not likely to persuade the public that their rights can be in safer keeping than in that of jurymen, to whom the LORD CHANCELLOR himself has in this instance shown no disincli nation to resort for the protection of his honour and reputation. It is hardly necessary to observe that the eminence Sir EDWARD StIGDEN has at tained, at the Chancery bar, is a simple and sufficient reason for his having been appointed Solicitor-General, without resorting to any such absurd surmises as those of the Morning Jour nal. It is in evidence that the patronage of this office does not rest with the CHANCELLOR any further than his mere opinion of the candidate's fitness goes. And whether there be any foun dation or not for the rumours, according to which " !Es in presenti" would not have been unac ceptable;even to an individual enjoying so large an income as the Keeper of the King's Conscience, we believe that Learned Personage would, at all periods of his career, have spurned with indigna tion the most distant idea of tainting the fountains of justice, of whose purity he is the especial guardian. The LORD CHANCELLOR is a man of honour and a gentleman; and we venture to say there is:not a member of the bar, to whom he is best known, who did not treat this charge with ridicule the moment he heard it. That it was necessary for the vindication of the reputation of the LORD CHANCELLOR, or the Duke of WELLINGTON, to carry to trial the several informations with which the Morning Journal has been visited, we do not be lieve. But if there were persons so badly informed as to require to be convinced in this manner of the utter groundlessness of this, and a multitude of equally absurd reports which were circulated during the last Session of Parlia ment, they will now be effectually silenced. As saults upon private character unfortunately inte rest the public too much to enable some journals to withstand the temptation of making them ; but attacks of such a kind we hold to be disgraceful at all times to the character of the Press. We have never allowed our columns to be a vehicle for them ; nor shall they ever be perverted by practices which are the abomination of persons of right feeling throughout the whole kingdom. We had written thus far yesterday, when be hold two more prosecutions were instituted, and two more verdicts obtained, against the same per- secuted individuals. We say " persecuted," for such is now the public opinion,—and now—even now — a fourth prosecution is announced this morning against the hunted quarry of yesterday, and the convicted of the day before ! Mercy on us ! Why, is it not enough that the victim is killed, but he must be quartered also ? That the law is strong we know—would it were merciful ! What does his Majesty's ATTORNEY-GE NERAL mean ? How far does he intend to proceed ? If vengeance be his object, is not the offender already within his clutches for every purpose short of immolation ? Is it wisdom to run the race of persecution against the same victim till public feeling re volts at the stern course of justice, and sym —we are sure the public generally think so ; Ind we know his Majesty's Government will think so herellicr, if they do not begin to fe , t already in the altered sentiments of those. ,vllO wish well to their administration, be cause they are believed to be sincere in their endeavours to benefit the country. On this be ief—and what a memorable proof does Ca tholic Emancipation hold forth—tee hare given our honest support tolMinisters, in common with that portion of the Press, by fur the greater— which is termed liberal;—and we shall continue to give that support, however humble, so long AS we can conscientiously do so ; but we implore the Duke of WELLINGTON, as he regards his own fame—to spare the liberty of the Press from the kind protection of the ATTORNEY GENERAL, fSir JAMES SCARLETT intends to put in practice HIS views of what that liberty should consist. The ATTORNEY-GENERAL'S opinion of what that liberty should be is on record, but we hope it will never be sanctioned by an Act of Parliament. Indeed, we have no predilection for any new law for the professed improvemeht of the Press—that shall emanate entirely from any lawyer holding the office, and entertaining the sentiments of the present ATTORNEY-GE NERAL with respect to the law of libel. Bad as the present law is—and the practice affords most melancholy proof !—we prefer it, with all its torturing capability of application, and erra tic departure from the standard of truth, to any new law of restraint—however kind in intention and considerate in its provisions—which shall emanate from such a quarter. The Duke of WELLINGTON has nothing to fear from the Press, and wherefore should he coun tenance its continued prosecution, if not degrada tion ? That the ATTORNEY-GENERAL has nothing to fear from the Press, we know too well, for in his official capacity he despises it ; but why should even he wish to persecute it unto the death ? For what man owes more to the fostering attention of a free Press than Sir JAMES SCARLETT ?—What lawyer has more deserved it ? And can Sir JAMES, now in the zenith of his power, desire to subvert that organ to which he owes so fair a portion of his fame ? For his own sake, we hope not,—for the sake of the liberty of the Press, we hope not—and above all, for the honour, the character, and the glory of a free people, whose proudest inheritance is a Free Press, we hope not, though we almost begin to tremble in the fervency of our aspirations ! If, then, the Duke of WELLINGTON scorns, and we are sure his great heart must scorn such a system of ungenerous persecution,—will he permit to be done by deputy that which is so repugnant to his noble nature ? Another ver dict must answer !—and yet another ! Oh, dear-bought liberty of England's Press ! How dear art thou, yet dearer still to us If we Intuit loss thee ! THE FUNDS.-(THIS DAT.) CITY, TWELVE O'CLOCK The Legislature of North Carolina assembled on the 18th November, and the Governor's Message was commu nicated on the following day. It is a document of some length, and principally confined to the subjects of internal improvement—Education and Banking. A brief notice of the Resolutions of South Carolina and Georgia in rela tion to the Tariff, was commun'cated to the Legislature, which concludes as follows :—" A course of forbearance on this important measure is for the present respectfully recommended." A letter from Liverpool, dated the 22d ult. has been received at the North and South American Coffee-house, which states that the Dover, Bensiey, from Boston, has been seized, in consequence of having on board several packages of tea, shipped by the British Consul at Boston to the order of the East India Company, but no doubt she will he released .in a few days. The Lisbon mail has arrived, but the Papers do not contain any information of importance. The French mail still continues due. Consols, which left off yesterday at 95 to opened at the same price this morning, for the Account; since which they have been done at 94i 95, with little doing. The French Renter having come lower has had some effect on the market. In the Foreign Market lit Prices much the same as yesi :tle or nothing doing as yet. terday. ; FUNDS. Si per Cent. 100 New 4 per Cent., shut 4 per Cent. 1826 1055 India Bonds, 67 69 Exchequer /Sills, '74 75 TWO O' CL CE. ENGLIS. Bank Stock, 215} 16i India Stock, 3 per Cent. Cum. shut DO., for Account, 94i 5 Ditt• Reduced, 93ii Consols have continued for the most part of the morn ing at 94i 95 for the Account. At one period they were rather giving way, but a purchase being made of 60,000 gave a new feature to the market, which remains steady at the above price. In the Foreign Market there is also little doing. It is said that the tobacco which is going to be shipped for Colombia, is going to the Dutch and Hamburg markets, as higher prices can be obtained there than can be obtained in this country. TIII?ER 0' CLOCK. Consols for Account, 94i 5. FOUR O'CLOCK.—CLOSING PRICES. Consols Danish Do. for Ac. 95 Greek, 1825 Brazilian Bonds 691 Mexican, 1825 Buenos Ayres Peruvian 17i Chilian Do. Russian 1091 Columbian, 1824, 26i , Spanish 104 FASHIONABLE INTELLIGENCE. ARRIVALS. The Duke of Devonshire, at Devonshire House, from his seat, Chatsworth, Derbyshire; Earl Clanwilliam, in Clarges.street, Piccadilly, from Scotland ; Hon. Captain and Mrs. Perceval, at their seat at Epsom, from a tour ; Lord M. Hill, in Arlington street, from Brighton; E. Bonar, Esq. at Symmons's Hotel, St. James's-street, from Scotland ; Lieutenant-Colonel and Miss O'Reilly, at Fenton's Hotel, St. James's street, from Ireland ; Captain Gipps (Royal Engineers), at Morley's Hotel, Cockspur street, from Mexico ; Lord Lilford, at his seat in Northampton shire, from a tour; Captain and Mrs. Ripley, in Regent-street, from Bath ; Robert Ramsden, Esq. and Mrs. Ramsden, at the Berners Hotel, Berner-street, from Spratton, Northampton shire; Mrs. I. Inglis and E. Orthorp, Esq. at ditto, from Bath ; William Yates, Esq. and Mrs. Yates, at ditto, from Lancaster; J. Bartlett, Esq. at ditto, from Brighton ; J. W. Hearne, Esq. at ditto, from the Ridge, Herts. DEPARTURES. - - _ . pathises w i t h t h e cu l pr i t ? If the v i nd i cat i on Loid Nugent, for his sea t, Lill eys, near A y l es b ury, Bucks ; Mr. and Mrs. Hawkins and fami!y, from Warren's Hotel, Regent street, for their seat, Berk e l ey H ouse, Li tt l e H ampton; Mr. of virt ue an d exa l te d stat i on f rom the assaults of Mr.. and Miss Carruthers, from ditto, for their seat, near Tun. sland er were t h e a i m o f t h e ATTORNEY-GENE bridge Wells; Mrs. Dawson, from M anc h es t er-square, for her seat, St. Leonard's Hill, near Windsor; Wigget Choote, Esq. from Hatchett's Hotel, Piccadilly, for the Vine, Hants; Rey. RAL, rather than a covert attack upon the liberty of Mr. Wigget, from ditto, for ditto ; J. W. Carleton, Esq. trona Mymmons's Hotel, St. James's-street, for Chester; A. G Meares the Press, was not one conviction Esq. and the Misses Meares, from ditto, for Manchester-street ; enough for the purposes of public example and 4rKoiLgarteon,CEapsitia.infl-oli,numlie'orlefy's Hotel, Cockspur.street, fot ; Lumley, from li ,f e a r k u .n ite a t i l e e! 1 1 : 1 1 .0 o . tel, ps . i. k oo lt tn. , xi,. n , • arle.stree, for 'Brighten individual punishment . vv e really think • (:•) ; street, for Scotland. SPIRIT OF TIIE PUBLIC JOURNALS. It will he seen by our law report of yesterday, that two other verdicts—or we should rather say, me and a half—of " Guilty," have been found Ind recorded against the persons connected with •he Morning Journal. Respecting the libel on the Lord Chancellor, there could not be two opinions ; and the prompt decision cfthe Jury, tccording perfectly with the convictions with which every one has since risen from reading the report, showed that not a doubt existed. The writings brought to judgment yeAerday arc of a very different character, and we coulees we are surprised that the Juries, particularly the last, have decided as they have done. Unhappily. the current had set strongly against the defendant Alexander on the first day, and it required greater powers than his to stop its sway, or ar rest its course ! To say that any individual of his Majesty's Government has sold or bartered for loans the patronage of his office, is libellous clearly,—is personally libellous,—if the charge cannot be proved ; but it is within the just tein! , e of political reasoning to assert, that the whole Government manages the affairs of the country in such a manner as to render their Royal Master, who ought to he the object of public veneration, unpopular ; for the country is our own, and we have a right to speak of the ad ministration of its affairs as we feel and believe. If the writer's conviction be erroneous, the error will fall back upon his own head. Ile will gain no ground,—he will make no partisans : he will, on the contrary, lose his supporters : that will be his punishment. If, on the contrary; the fact. be that the Icing is unpopular th roug h th e public measures of his Ministers, how is he to know it but by some expression of public opinion ? A distinction has been drawn between the oppo,i tion to a law whilst in progrevs, and the rimr,- bation of it when carried and completed. It may, no doubt, be very prudent and considerate, arter a measure by which great popular ferment has been created is effected, to suffer the passions to subside a while, before the attack be renewed : nor do we ordinarily see any great use in pro. tracting the contest at that time, because the same force which has carried the measure re maining in statu quo, can of course uphold if. But if nothing which has once become a law be allowed to be attacked, how are any improve ments in our Constitution to take place ? I-low are any barbarous statutes to be erased? Why have we not the laws against witchcraft ? and the trial by fire? How came the very law ii, question, which repealed other laws, to be passed ? We are somewhat surprised that the Court received the first verdict of yesterday : it was not, we humbly think, in accordance with the information : this charged the defendants with publishing a libel, tending to bring hie Majesty's Government into contempt : that found the defendants "guilty of a libel on his Majesty, but not on his Majesty's Ministers." We have no doubt but that such a verdict might be set aside on argument, were it not. that the humane recommendation of the Jury will probably render such a course unnecessar, The law of tendency to bring a Government. into hatred or contempt, has been rejected from the French code, why should it be in practice here ? The second verdict of yesterday is one of unqualified " guilty," and therefore, we think, of unqualified error. But it was a grievous mis fortune for such a man as Mr. Alexander to at tempt the pleading of his own cause, and i. hope the Court will consider this in the semen( c. I to is below public resentment, or else the coun try would not so easily forgive him the blow which his silly vanity has inflicted on the liberty of the press.— Times. The late Sovereign of France, who was gene rally allowed to possess a tolerable share of shrewdness, and who had a great dislike of mea sures of a severe complexion, when pressed on one occasion by some of his Ultra-Councillors to consent to a proscription of the Liberals, by way of ridding himself of them, is said in answer, to have told the story of an Italian Abbe, who, after partaking rather too freely of the juice of the grape, on mounting his mule lost his balance, which he could not of himself regain. Re questing the aid of a friend, the latter applying more force than was necessary, threw him nearly under the mule's belly on the opposite aide. On which the good Abbe exclaimed, Caro amico mio, troppo e troppo. The Attorney-General has this day obtained two more verdicts against the Morning Journal ; and we should suppose there are few dispassionate persons who will not feel disposed to admit that there has been too much of this. It is for the Duke of Wellington to consider whether the Attorney-General may not serve him like the friend of the Italian Abbe. In the second case, the .Jury, after an absence of three hours, returned this verdict—" 'We find the defendants guilty of a libel on his Majesty, but we do not find them guilty of a libel on his Majesty's Ministers. NN:e also beg to state it as our opinion, that the article in question was written under feelings of very great excitation, occasioned by the unprecedented agitation of the time; we, therefore, most earnestly beg to recommend all the defendants to the merciful consideration of the Court." The libel on his Majesty is a statement which surely did not require to be refuted by an Attorney-Gene ral and Jury, for it refutes itself. His Majesty is represented in the paragraph as hav ing been till then a popular Monarch ; as over flowing with goodness, kind to excess, fondly attached to his subjects, and paternally anxious to see them all prosperous and happy ; and at the same time he is represented as so weak and worthless as to allow himself to be in a state of subserviency of the most degrading kind. It is not contended in the paragraph that his Ma jesty was placed under any degree of restraint, and the R eak ess imputed to him is, therefore, incompatible with the character just before given to him, and with the hopes expressed with respect to his future strength and intrepidity. The libel is, therefore, neither more nor less than a piece of nonsense. His Majesty could have no reasons personal to himself for either ap proving or disapproving of the measures Of his Ministers ; lie might, consistently enough, have entertained the doubts as to the wisdom of the measure, and yet have conceived himself bound to defer to the opinions of men in whose judg ment, with regard to the management of the affairs of the nation, he could confide. A King must be governed by circumstances like other men. He holds his power in trust for the benefit of the nation ; and if it should appear to him on any occasion that the Lords and Commons are disposed to support the course which his Mini sters recommend, it can be no reproach that lie sacrifices his own opinion to that of his Mini sters. There is no disgrace in ths, but ‘vis dom ; for a Sovereign is bound to sanction the measures of his Ministers; and though he may withdraw his confidence from them, and give it to others, yet, taking the eircumstaneeS of the ountry into consideration, he mac think that