The Sun. — London, England, 1820-01-29 00:00:00

to the Act of Isly, Jr -was not the wish of the writer to say any thing of the Royal " for," it added, '' God knows they are unpo pular enough already; it . continued, " to the horoughosongers (meaning thy IL.u,us of Parliament) you (tne-ining the soldiers) owe ,no allegiance, and you might to perform uo duty to them." it then went on .0 point out the uses to which the army were tle.tinetl by Nlinistk'lS, one of Avhont , ob:erved,- that without the aid 44 tir e.-military force it would he impossible to • collect the taxes, It next toieetttdto what it termed the military escort id: the Soverei.n from • Carlton-liotise to St, Steptieo'—cha . p.l, anti eon :tr.asied this alleged tondo f c, tor milit . aiy gii4rd with the 'conduct of Queen The horou,:iiminigers (meaning the Hotise e, it obsetv ed,afraidthat the soldiers wo length provenn scilling f(1 draw'ibeir sword, t,p6l) their jects,whose distresses migro induce them' o Jemaiid their rigliti from those Pot o-ig honing. r, (tleanitie the Houses of Parltanwiii), to whO.e conduct all those dist resses were to he attr'ihuted, and in con . segience . of 4his fear they were every day etrcou raging'armed assOciatioliS ill the couotry, in ordet that ther(the ass,,ciations) 1 . 1041;1 - he ready to perpetrate thoae de. cis which au hoo t .,n .soldier would he ashamed to pe , foroi, tinest ion will► the, Borongiimon get s (n t ..oio g d u ! flouses of Parliaioetrt), was not, whe tic r: tiny (t he soldiers) were willing to do their tl.t y, nut wheth e r .they would consent to molder their fellow subjects itr . cold bled ; tent wlo (her they lie soldiers) Would supp•trt the King of England, . but wheel:. r they kroiild give alle giance to, and suppOrt Kin ! : -Castletca....:ll, King Si !niottth, anid a thoti , and fithers of their descrip tion. It also alltwr'd to the grant of 10,0001 year to the Duke of York, tor going mire a month to viPit his afflicted father a tew miles trom Lon don, and. added a report that that'mpoey had a 4-. ready been lost by his Royal Highness at play. In the'conelosion it stated, that it had not touched upon the subject of the Milt ary that it was nag the. intentio n of the , t;i:littr to sedtice soldiers • from their allegiance, - or to encourage them to disohey_the,ir comniantrtig ()dicers ; but it wade it broad distinction (Is, indeed, it did tbrooomiii) . , . .. between the obedience to their- Commanders, a•,d .that _which they owed to the Boroughmongers (meaning the Houses of Patliament} ; hut it added, that it, night not beacen,etrot omitting so important" a subjec' as an allusion to tre indi vidual conditions of the . soldiers, it higaell their pattirular attention to an extract from Voltaire's Cqudide., if then gave the extract, 'beginning with that part where Caudide is desired by his comrades, on entering the regiment as a recruit, to drink the King of Bulgaria's health," and ending .with his description of the terrible car nage he had witnessed in a battle with the enemy. After Mr. STANK'S had concluded, . - Mr.Wrwasts stated the case to the, Jury.----He • began by observing, that from what they had al ready heard from the opening of the, case, they • mu s t b e aware, that the present was . a nearer ap • proeirrhifjonlo that class of publications to which he had helot e alluded, (poldica , ions where the object of the writer was a fair discussion of a public question) than that upon which they had Jost decided. It was full of stattments, of Mos ,: tratious; and in some places of attempts at argu • ment in support ,of certain op'ttions-argitmen's . sometimes connected, but in many others far removed from .what could show fair discussion. Ile would not, therefore, on this occasion, retract one. word of the observations - be had addressed to them on the last trial ; but on the contrary, he would tell them, that in proportion as it should be seen to approach fair discussion, so should it be the duty of the Jury to construe. it liberally, and that not until they .were clearly of opinion, that the great and predominant wish the defendant Was to excite discontent" amid disaffection, should they bring in a verdict of guilty, It had now been decided for a series of years, that great indulgenne should be extended to all writings which affected to discuss political questions, and this indulgence was in the breast of the Jury- to give aceordiog to circutnstances and why did he say this ? Be. cause he found it was the definition given by the law of England that any attempt, in speaking or writing, to excite disaffection or discon tent, was 'a seditious libel ; de . finition which, if not modified •by the tii it by Jury, would extend to a fearful latitude. The question' therefore which the Jury had this day to de cide, was, as it bad been for a century,- whether the writer intended to argue the question, and fixing himself upon some real. or imagined griev ance, ,had proposed any alteration, or suggested any plan, for the removal of it !.or whether the subject chosen, and , the' arguments' adduced, were only incidental; and the' reap object was not to excite discontent and disaffection iri the public mind, it the Jury believed ibis, and they alone were to decide upon it, then they were bound to return a verdict of guilty against. the. accused. The present was not ,a case in which any great lsoliticel question was ioVolved : the great ques tion of the liberty of the press was not here at issue,; of that, as - a general principle, he would most freely admit that it was one of the greatest bulwarks of Brit isb freedom ; one without the full, free, and fair exercise of which it would be vain to Lope for a coolinuanceof our liberties. Speaking or the 'benefits IO be derived tram a free press, and which England bad derived, be sa . id that a Very in genious' work 'was published by au intelligent fo reigner, who leely visited.ihni country, M. Cot tu,* who had observed, that if under the most' 14- It is proper to observe, that M. Corfu, quoteq by the Learned Comae!, borrowed the observation alluded to from M. Dr.:.I.OLME, as cited by Junius, in the fulloWing passage in the Preface tO his Letters : .. - In short, whoever considers whlrt it is that constitutes the moving'principle of 'what we earl great .afrairs, and the invincible sensibility of mall to the opinion of his fellow ,creatores, will not hesitate-to affirm that, if it were possible for the liberty the press- to exist in a despotic gocerniucut, and (what isnot less tlitlirilt) for it to exist without changing the bmit it ution, this liberty <it t prrs's would alone form a counterpoise to tite power of the•ptioce. If, for e,:ample, in au empire of the East, a , anetuary could be found, w, ich rend& red respectable by the ancient religion of the people, might .insane safety to those , wltO bring thither their obs t rvati, jus o f a ny kind; and: that, from thence, printed papers should issue, which, under a.certain seal, might be equally respeZlA ; And which, in their daily appearance, should examine and freely discuss, the Conduct of the-Ca'dis, the liashaws, the Vizir, the Divan, and , the Sultan himself, that would introduce immediately some deg ree of liberty." despotic goVernment, under that of Turkey for instance, there was some refuge for public opi ttiati,seme means-by, which tt,at opinion might be kooWrr.i'lind tire conduct of Viziers, Cadis, &c. disch!ist it would- from • that moment . posess some degree of freedom. It would become the Jury, therefore, to consider the latitude which ought to be allowed , to_ a fair discussion, and. to give the prisoner every benefit arising from a liberal construction of the writing before them. Tire defendant seemed a very observing Man, and would very probably address them, and he (11r. Williams) defied him to .place the liberty of discussion upon a broider ground than he had just done. As long as the Jury found that fair dis cussion was the object,t hey would so long give the prisoner the benefit of it ; hut whet) they perceived, it they should so perceive, that the intent to excite discontent was' manifest, :hey would believetfiat the boundary of free and fair.discossiou bad been :passed, arid they would judge of rite prisoner • accordingly. Ile would no s w proceed to read to them several passages from the writing in the in.- dietinent, and he was certain that he would prove to their satisfaction that discussion was not the ob ject of the writer, but that kis great, his sole, ob ject, was to excite discontent, paricidarly in the minds of the soldiers, against the Government, and also to bring both Houses of Parliament into con tempt. The Learned Gent. then continued at great length to point out those parts . of the libel which showed the evil inteotion ti,e- writer, and he dwel' particularly upon the leading poin's of it, which We have given .abose. After this he fur ther • observed, that _he now laid before tire Jot y all the farts of the ,ease, as 'they had ap peared to his nriurt, and lie would put it to the, Jury, to say roost ientionsly, whether this was arty thiiig Ike a mistaken• attempt, at discus sion ; not merely whether it 'was that kind of guarded 'and temper ate discussion which a man .might attempt with an Attorney on one hand and a LaWyer on the other; bra whether it was- dis wussion-at all ? It was this. they had to try, and of this they were the sole judges, 00 the' authority of an act introduced by that illustrious Statesman, , whom be• would never cease to admire. This"was his -- re!ase, - and he "world not trespass further on . th, time of the Jury in laying it before theM. Of tie defendant he knew nothing, and therefore could have no possible - feeling against him. Of the way in which the case was introduced, here, ire knew nothing, He had . , as v Counsel for the prosecution, discharged - his duty, as he had ever ,-done, faithfully; and he bad no doubt the July woiddifaithfully discharge theirs, and that in the present case their conduct would give a refuta tion to an assertion, which.had been made else where—certainly with nu love of freedom—that Juries were•found in malty cases of this kind 'un willing to dischatge their duty. - Their verdict this day would, he trusted, prove that Juries would be found ready to discharge their .duty whenever a fair case was I rid before them. Wm Mlson was then called to prOve the'ptle 'of the work-in question. He knows the prisoner, who is a , calicolzrinter, and who also keeps a small bookseller's shop in Church -street,• Bolton. He- purchased the number of Sherwin's Register, then befrtre the Court, from the defendant, at his house, on the 23d of August last. Here the case fpr the prosecution closed, and the h►isoner being called upon for Lis defence, ad deesseil the Jury to the following effect :'— " Gentlemen of the Jury—You cannot expect any great things from me on this occasion, as 1 ' am but a poor labouring mechanic, and only was driven to selling little books by the badness of my trade. If the writer of the article before you was present, he would no doubt be better able to speak to you than I caught a severe cold in king arrested, and I have already lost two unowbs of my time, and a great - deal 'Ol . money. At the time my papers were seized, the officer took away several accounts, by which I was 'prevented from getting several sums of money front my customers, and thereby am not now able to pay. a Learned Friend (Counsel) to plead my cause. As to the r libel, it is no thing to the ;I am not the writer, nor - the printer, nor have I had the books from - the publisher ; they passed through two or three hands before they.came to Me ; trade being bad, I was glad to do any little business by which _;1 might support myself and family, rather than be idle. Tire writer of the article, Mr. Sherwin, is at lar g e i i i London, awl ha s no t been punished in any way for what he has done. It, rests then with you, Gentlemen, wheiber I shall be allowed to return to the bosom of my family, or be incarcerated in a daugeon for the act of. another. As God is my judge, I had no intention whatever of bringing his Majesty or the Government into .contempt by any thing I did. I am not one of that sort. All that know my character know me to be an honest industrious man, endeavobring.to support a wile and two small children. Whatever' may be done to me now, 1 shall always he ready to do my duty to my King and Country. 1 think indeed the case it very hard, that - 1 shoidd be punished, and that Mr. Sherwin should be at large, though he is the writer. It is a very hard case indeed. i3eing a very poor man, 'I have not been able to pay a gentkman of the bar . to advocate my cause for cite. • I have done for . the present," " Mr. WILLIAMS.II is right yojt should know, that if you have any thing mote to say to the Jury, you must do it now, as you cannot address them after this. Rev. Mr. HAY.—Perhaps you may have some thing More to say, which yott cannot nosy recol- lect. Take your own time, • Prisoner.—lf the Court woold allow me, 1 would wish 10 mid what LOT , Liverpool said ill the,House of Commons some time ago. Here he read a, passage trout The Manchester- Observer Of the 15th inst., in which the writer con,:ratmlAtes the public on the , tact atitnitttql by Lon! Liverpool in his spiech in- the House of Prers ot, the Sc- ditious Lilicls Rill ; (t.itat a-libel on his 4‘l.jesty's Ministers could not he consideyed as a libel on his Miljestv't, Government.)--Th n , a n er ,a pause, the Defendant contionctl, I cannot say I li aye any abilities to study the late oil these snbj , cis, or the la w about libel; tar be it f ro m me to st{aiy any thing of that snr , I krl) "il;ffieretirsvol of life, and I hope ;"“r.71,2..• do any sue l► thing I (rope you will ft• as Er.giiNiapAL., cues. al , cl iti n hich I aril looks like a trap to catch me ; for the book I cold was published three. weeks - before, and Mr. Sherwin was not indicted, for it. Why was not that done It Mr-. Sherivin had been punished, I would willingly stiffer any thing for publishing it afterwards; but now I am to .- .suffer for what I did not In* wfasv crime., „ ).. . t i ts 47 l % \ his ac+chess, in Calif& of Inch 'the defen dant pause4l several times, as if not knowing what to say, was delivered in a very mild and.submis sive manner, and with apparerst The Rev. Mr. HAY, in addressing the Jury, ob• served, that after the observations they had heard from the Learned Counsel, his duty on this oc casion was rendered very short, and defendant could not at all events complain of the narrow ness of the ground which the Learned Counsel had taken, for he had certainly given every chance which he could. The Rev. Gentleman then ob served, that after looking over the article which he had never seen before, be had no hesitation in saying that it was a gross libel. The defence set up was untenab!e, for it, would have been better for the accused to work- as a weaver than to earn a livelihood by such means. With respect to his not being the miter, that was not a. defence its point of law. The Jury, tvith very little hesitation, returned a verdict at Guilty. THE KING V. SARAH HOUGH. The defendant in this case, a young woman of ..sflout seventeen or eighteen years old, was in dicted for publishing a seditioos libel, by selling a number of the Manchester Observer, containing the same libel for. which the young man (Churl ton) was committed. Oa bring rut to :he bar, Mr.Colturan objected to the Jury, on thef*round of their having already decided on the very same charge in the.case of Choi.lton;. but Ibis objection was over-ruled. The trial then went on, and after the state ment of the care. by • Mr. Williams, and a long and very able speech by Mr. Coltman, in which he took a review of the affair of the 16th of Au gust, the diefendant was found Guilty. Site wept bitterly during the whole' trial. Louisa !lough, mother of the last. defendant, was ,next tried and convic:ed upon the very same charge. SENTJNCES. , Mr, WILLIAMS next rnse to say, that if David ll'roe, being outy a child of 13, would submit, he would consent-to, his being discharged, upon paying a fine of 6d. Mr. Atkinson paid 6:1, and the child was led out of Court. Joseph Shaw was sentenced to imprisonment for 12 months in Lancaster gaol, and then to find securities for his good .b e h av i our f o r t wo years, himself in 1001. and two sureties in 501.-each. Louisa Hough was sentenced to impyisonment for six months, . a nd t o - find sureties, herself in 40!.. and two sureties in:201: each. Sarah Hough was sentenced to pay a, fine of 51. and to be imprisoned till it should be paid. John Charlton was sentenced to be imprisoned for tour months, and to find securities for two years, himself in 401. and two sureties in 201. each. DRILLING-AND TRAINING. 11 7 m. Greenroyd was convicted of drilling, train ing, menacing, rioting, &c. 'There were nine "counts in the indictment. The evidence applied only to training. The Jury found a verdidt of Guilty. The Magistrates postponed the passing of sentence. The same Counsel were engaged as in the last cases. Similar trials are to take place t 0- Morrow . We have good reason to think, that the Dean and Chapter of St. Patrick's dat hedral , and the Protestant Clergy, genera:ly, of this city, have ad dressed 8' Memorial to the LORD LIEUTENANT, praying that, in the new creation of an Arch -bishop of Dublin, some arrangement may be made for restoring the proper residence of that Dignitary to its ancient splendour and consequence. This appeal to his Excellency recites all the rea sons tlkat exist for recommending the measure to his adoption ; and, among others, the discredit it reflects upon the Protestant Church Establish ment, which, in the-present almost peculiai tera of irreligion' and bigotry, -should be' preserved from every thing in the slightest degree reproach ful to i ts purity and general system; and zealously protected by the power of the Government from every sort of encroachment or innovation. The known respect Sand reverence entertained by his Excellency . foe the pure doctrines and necessary discipline of the Established Religihn, render it a matter of certainty, that he will use his power zealously for the effectual guardianship of both ; and excite great hopes that he will com ply with the solicitation which has been , address ed to him, by the Clergy . of this City and Arch diocese, for rendering the Archbishop's state, con dition, and example, what they ought to he,— Rumour has given to the Honourable and. Very Reverend Dean PO;ISONBY, the Bishoprick which will become disposable by filling the vacant Arch bishomick. IVe know not what truth there may he in the report,'hut this we may very safely assert, that the Mitre cannot be pi‘ced upon the head of a person more deserving of it.—(The (Dublin) Correspondent, Jan. 25.) THE ROYACTITLE OF STRATHERN.--Strathern, from which - the much-lamented Duke of KENT de rived the title of his Scots Peerage, is a beautiful and extensive valley, nearly 30 miles long, having the river Earn running through the middle of it, from West to East. It is the - Southern district of Perthshire, and reaches from Locheatn-head nearly as far as the city of Perth. It is bounded on the North by the Grampian Mountains, and - on the South by the,Oehil Hills• On the banks of the Earn are many villages and country seats distinguished for - romantic aitua tiou's. Among these, one of the most interest ing is Dtitteira, the favourite country, resi. deuce of the late Viscount Melville. fir - variety, contrast, and beauty, - the vale of Strathern is perhaps unequalled ju Scotland, In this district, as well as in Breadalbane, many 'vestiges of Druidism are pointed out. Not far from its Nori bet n.boundary is Plinsinnan Hill, on which ar e the rains of Macbeth's Royal Castle. TileDulte dont of Strathern *Hid the Irish Earldom Of Dublin, which, as well as the former, were conferred on the Vac lame,tt ell Prince, were long lucid by the late Doke of CuMberland, yoengest [nattier of his I.ll”jesty. LI TERAI URE. • ..t A Manuscript of u n d ou b te d aut h ent i c i ty basil" reached %Ills Country, which is calculated to ex' citcan extraordinary degree of iv teik ; A t entithdp< VlDocionets trigtoriqu‘•eitßeXxion! le Gouvernetnent de la Hollande, par Louis BOr o PARTE, EX-ROI DE 11OLLANDE." This I'Vork contains every event relating to t" political or financial situation of Holland, 0 11/ the commencement of the reign of Louis until the close of his government ; Sketches of the sion of Italy and Expedition in Egypt, I ', both of which the Author was present ; Re of Most of the important Events in Spain, andi ll e Refusal of the C rown o f t h at Ki ng d om, on tits Renunciation of Ch ar l es ,IV . to F er di nan d Son, and the formal cession of the latter to NJ poleon ; Copies of the Letters of Charles a ll Ferdinand, relating to the Conspiracy of the la l° l ter againstihis F a th er ; t h e hi t h erto S ecret Mrl tives of the Marri age o f t h e A ut b or w i t h the Datlet' ter of the Empres s J osep hi ne , an d t h e i r su b seq uell mutual agreement t o a S eparat ii m ; t h e Event which occurr e d on th e separat i on o f t h e Emper°r, _Napoleon and the Empress Josephine; the varJ o Princesses afterwardi proposed to Napoleon, 011 .0 the reasons of his selecting the Diughter 'of " (I Emperor of. Austr ia ; numerous c h aracter i st i c o fi '.highly interesting Letters:- from Napoleon to 0 1e Author, exposing his views, situation, and poses ; an indisputable Genealogical History (1 1 the Family of Bonaparte,' extracted limn yariol i Histories of Italy, a nd o th er p u bli c documents ;ly. of which pr ove b e y on d d ou b t t h e illustrious rant they held in It a ly, e ven i n t h e 12 t h century ; it is somewhat si ngu l ar t h at , 600 years ago, A U , ' drolius Bonapart e w as G ran d P o d esta or Golf, nor of Parma, where is now the wife of Nar; icon as Gr a nd D uc h ess ! An important Let i '!' from the Due de C a d ore , exp l a i n i ng t h e i ntent io , ; of the Emperor relating to Holland, the eariol l united Propositions of France and Russia to eommodate with E ng l an d, an d a var i ety o f Ant 4.* dotes !of the Auth o r, of N a p o l eon , ac id o f his ~ Although this Work may contain many even ts already k nown to t h e pu bli c i n a geisera l way, Y , coming from the hand of one who was 00, throne, and w h o h a d an i mme di ate share'ttllP that occnrred, 'joined to hi s universally.ackoo 4 ; ledged probity an d goo d f a i t h, 'f orm toget h e r S es , unanswerable mo t i ve f or g i v i ng i t t h e pre f er en over any other m o d ern pu bli cat i on ; an d i t is 11!%1 in point of interest to a Work from the pen of N a poleon himself. It i s a l rea dy enqu i r ed after w ir e f, l eagerness upon the Continent ; i n Holland, thenrft is not : a 'Gentleman who will not be desirous .."‘ possessing it, as it contain s an accurate . stateroe g. , of the politic a l an d fin a n c i a l s i tuat i on o f h i s coil ° t, try during a momentous period ; and as it is 0: 1- ', ten with the u tm o st can d our , an d i s tota lly e 5 empt from any exp ress i ons w hi c h m i g h t offend t . , Most partial Bourbonist, it will find a wide eirc ls o lotion in France, where, the Author being kr 34/ 0 to be somewhat opposed to the maxims of Brother's Government, it will be likewise r eii „ with equal avidity by the,most determined UP"' The foregoing article came from an ‘ l° : known Correspondent, and though weinsert we cannot vouch for i(s authenticity. THEATRICAL REGISTER. Performed Last Night. -or THEATRE ROYAL, DRURY- LANG. -TCOTiOIROUI : C a i us Marc Mr. Kean; Volumnia, Mrs. Glover. After which, • 1 and the Bean Stalk. nti' THEATRE Rovnt, COVENT-GARDEN.—(4th time) The , a ,,os quary: - Luvel, Mr. Duruset : Miss Isab e lla W ar d our , Stephens. After which, Harlequin and Don Quixote. ?Rich SIIICK3 rats DA! AT TWELVE o'CLOCK. 3 per Cent. Red. 3 per Cent. Cons. 67/i 68 67i India Bonds 15s, Jab. Si per Cent. •• • 774 Exch. Bills, 2d Ss. 01,5. 4 per Cent 5....... B6/i Ditto Commercial Ss' di 5 per Ct. Navy Ann.... lO2ii I Cons. for Account 68i a* Bank Long Ann.. 18 1-16th MAILS. * . AnarvEn..-2 Dublin, t France, I Flanders. Durt—l Waterford, I Guernsey and Jersey, I Holland , Guttenburgh, 2 Haruburgb. HIGH WATER AT LONDON BRIDGE TO•NIORBO'g, klornivig, 31 minutes after 2. I Evening, 52 minutes after_.< THE SUN. SOLEM QUIS DICERE FALSUM AUDECAT LONDON, SATURDAY, JAIWARY 29, 182 a. - INDISPOSITION OF THE PRINCE REGENT. We are extremely sorry to learn, that the Platt lIRGENT has , been confined to his room durit4 whole of the weeJ, by the prevailing severe catarrh of the season, but we are happy tLI enabled to state that his ROYAL HIGLINES S better to-day. - • There are various rumours respecti ng t h e sta te of our truly and well beloved Sovereign, but fi ti ! li all the information tv a can pin, upon which can chiefly rely, many of the Reports are grtl 6 ' exaggerations. His Majesty possesses so vigorO e a constitution, and so much of his ly,dilistrengt s remains, that there is additional cause for l ei Menting that his mentid powers are - not in.a O r ; respondent state. Nu act of his long and rever e life has he reason to regret, so far as his moti re j l were concerned, and the p o licy whi c h h e adore for the Welfare of the State, was always such et appeared at the time of action to be best calculace to promote that end. His enemies, for the pur est and most judicious characters in this 'world' cannot hope to escape enemies, have styig i that•obstinacy which was only firm ness i n wu h e he.deerued the right course, and which, therefore" lie was resolute in maintaining ; and never has O f Kill descend to -the grave, .a.mortal Being bet° intitled to all the honour that History can be,