The Sun. — London, England, 1811-06-13 00:00:00

Lord COCIIR4NZ way satisfied that the commerce of, Fiance existed in a great degree. Atter some tardier ob4ervationa from Captain ilargNar, Mr. Yoan.s,• and Mr. Ross, the House di vitivd.-- For it - t 4 Against it S 4 Majority Against it - DKAKARD AND COLLIF.R. Lord VOLlaVretie roseeo 611 the Intention of the Hot to the subjeet of the sentences irißieted by the Court of King's Bench upon Drakardethe printer of the Stamford newspaper, and Collier, a dyer, at Lancaster, for libels. e Dreleard ,had, he observed,' been cenvieted Of a abet et the Lincoln . Assizes, which had been copied into a paper called 7iie EX/P. mifier ; and infutmatiop 'ws filed by the AtiorneY- General against the pioprietorteet the letter • paper, for copying that libel. Ihey were, however, ac quitted by a Jury in the Court of King's Jieneh.--e Under the cireurnstances of the- proem times, the Noble Lord •shbelti have thought that the Honours• ble awl Learned Gentleman might have been satis fied With the verditteil Acquittal, and not have per severed in' I[lo prosecutinir ol another persOn for the saute libel. Metives of that nature' did not satisfy the Law Officers of the Crown ; they were deter- , tomes to punish, 'and the cotesequance 4 as, Maker(' was foetid gtelty, and broueht'up fur juegmene. r . Ile put to air ateideett in mtogatioe of punishment, aveicli stated the ferliegs that - had abietted his genee r .1 conduct reveres to the publication of the libel. The attidavit Vt as ttie only disregarded_by the Colin ' set for the prosecution, but furnished arguments against the defendant; and the Court from it drew conches ions ' that he (Drakard) was a person aCtuat ed. by , friendship for the Gov ernment of France, which Go.ernmant he lied upheld in his paper. The science passed upon hiso was an imprison ment of eighteen Months, a fine of Mi. and in find securey for three years. The 'Noble Lord desired toe now of the House, whether, in the event of the acquittal of one person fer the same libel, it was not 'grievous that another per see should be •punished As the Law of Libel' now stood recognised•by - the Court of Kill's Bench, it was determined a •i breach of she eeace, : be thet tendency great or small, hell it wish determined to be te libel. The other case WM still inure grievous than the one he had just strata. A person of the name of Collier, a dyer, at Lelieeeera was tried for a libel On the Commission ers of the Income Tax. It iippeared than these Cantinissuelers had sprcharged Cotten on Ilia income. He had swot la before them that it did not Troduce nee-ellen) l bol. year annum, and they surcharged hire in the seen -I 3001, per :animal. Upon repre eeteation recy .ahereards judged it expeoient to diminish it to 2ilol. which he refused' to pay : a distress was issued Lied a horse and Cart wore seized, ert id sol by pubic ate:thee under their warrant. Two ra si ()MOO 3,060 t)cutof lid, transaction. By some in his neighbours . , who did reit know the facts of the case, he was thotight to thee man in bad credit ; while ott the other oaed,others who did, considered' him (l'ro is the sentence of the C e neoisaioner.) to be a pi.jtired tnan, consequently unworthy of Mao , elating with, In order to relieve himself from these unpleasant observaeous, he published a statement of .nis case. Beteg , illiterate man; he went to the Editor et tees of the Mancheater papers, a person of the name of Cowdery, get him to draw up a state mem of the cocurestaiiees, particularly desirkig him Poe to' insert' soy .. ,hieg which might etfend the Laws, Ties b-ing done, Ow sepernelit 411 S inseyt• . eel in the Paper, with view, to retrieve his charae. ter among h s nell4l . 'ioutts. Was it tint too much to presuco u a woo who had ;to other object in view ? y e t for Oh; attempt be was Sentence d to be imprie soiled IA ,sentence. which, when put enpaeson with tb ,t of persoes convicted at the Oat level sr 01014..11 which should be commuted 1 less of their lives, and who perhaps were only' im e itseeed one or two months, was a measure of s-vere eesece. Tee Noble teed then read the et Collier. in which he charged the Com m saitstere eitle taking delight in overwhelming tie' menoetetoters, 'by etirehergieg their incomes, &c. 'When pplwALIOll wits insoles 10 the Coneniaaiotiers, a the the pros( mien was .eottiMenCed, they ek. pie yt•s} ibeir , readiness get rid of it, but that al in the bends oldie Attorney-General and they c o i l ed s ee eotelere. It was to case, hOwever, woe. : thy. of itilettiaeoce, and if 110. 4 ( Lord had, Kees* to the Pi ince Avert!, es one c,t he Royal Htglineaa's advisers, he hhould think ti tsis duty to rocoottocod i to n.to lets most gracious consideration, and n, plead ter hurt. I'lwte were; lisle or two collateral eircemstaneeseeteeding the prosecution which h e most tile;ce ; on aferater occasion, he had given his opinion, that the press was,hardly used; and, wish ing to have copies of ninny ittiermetions then filed by the Attoiner.teeteral e tte employed a SldiCildr to pweure these copiere which he had (lone (by apple tog to the Crown Solicitor), with the exception of the coey of Cohiet's. Tee Crown SoliCitor asked who that Ivey eas for ? and .being told for Lord Is'olkstorte, he refused to feroisli the copy, alleging that if he did eo, more severe measures of justitx might perhaps be pressed upon .The Noble" Lord mentiened that toabew the feelingeor indivt duals at the time ; and he inuat also state aa he was tole that iteerpetiorei to corm el would be given to th elite), if he ferneihed the cepy. :Asethe t _ Ho wettable and Learned Gettitietrom was invitee him euele attuetion, F‘tidiCa sty eSk whether ha,l not htiw> , :li s.rid, when Collier's coensel for deity in iodeneeet, to order in peruse an affidavit toado by ti:e di.:tendatit, " Oh no 1 can't consent to delay, fol if 1 do, Lord Pinkstone will complain tothe House of Commons that betel not prosecute If the faet war so, he thought' fer Ate future the flonouraele and Learned Gebtleman weeht ail bet ter for the tines of justice it"tie would follow hia 0 ,, e (ma n t a opinion. So far vies he (Lord F.) from eteoplaining that the Attorney-General did 0.. t pro. seeete, that his complaints were' gem:Tittle on the ether side. The Noble Lord ronchtded with mo ving (or a Copy of the tilletmatton filed aga i ns t Thomas Drakard, with the C opy of th e itectifd ut Convietion of , tee Court of King's Bench ; also for similar Copies ill the cases of Rte. Sir FRANCIS BuereteT seconded the motion. The Meow , : etr-rittiarteee ttusted the House would exeuatt hen for iekeig ue a shott space eel their Utile ie answering the charges of the 'Noble Lord, who had cousidered his 'coaled blamable. He.agreed with-,hint.that he; ought to disregard the etleci whith might be produced in this Houses or el%eWilrei whit respell to "opinion, as to the lineot ins otticialleonduet, and pursue What was eiiaently the • plaid foal °filmy tesethat he had always done, and should continue to do, legardless of the conse tlitelfces. He • should never attend to the opinions • or suggeetiona of any One, let ttiii rank be what it may. . It did unfortunately happen to hint that be. sometimes treated with lightness subjects which ought not in be so treated. In the case alluded 10, when the application'was made, he believed that he did lure round to some Gentleman near him and say , the words - imputed to hini, but most certainly not in the sense in which the officious tale-hearer had conveyed theta to the Noble Loid. - They had .been misrepresented' to him, and suits he was that the Noble Lord could not set iously mean to notice them. But that the motives of his conclud were as the No ble Lord suspected, homuse positively deny ; and he should be glad to meet any charge pt deviation from the strid line of Ins dtry,• His, hoped lie should -never Wye an idea of persecutiee• any man beyond what justice required. Wi t h iespeet then to the t A 0 cases which the Noble Lord had noticed, a aul ficient answer which he had to give to Dittkard's was conclusive. It had been said that the Hums werOecquitted, and their acquittal was a reason tor not, punishing ,Drakard, The fad was, that the Libel, was not Ow %nue, for though Hunt's publi cation was a copy of Drakard's, yet it was not a ' coned copy, many of the intensive parts of that Libel were not copied by the Hunts. The teen 'cases were, therefore, materially varied, bur even the acquittal Was not, in his opinion, a suffielee s t reasou to slay the prosecution against Drakard. A to the sentence iedieted by the Court of King's Benet), they were bound to take into consideratiee all the circumstances connected with the Libel, and apportion the.puoishment accordingly, without' any - IllteletiCEl to theacquitat of the Hunts.' The Libel ' itself, ' which hy the. bye the Noble Lord bad not stated, was sufficient ground tor ptintihrnent.' As to Cufliw's case, on which the Noble Lted rested more particulaily, the Huuse •weuld consider whO the persons ecru that . he had libelled. They were persons who took on theineeives a laborious office, arid liable to much oeservation and umuerited curt sure, and the law Was bound to support diem ageinat unjust calumeies. It they were not supported itt that way, they coldci not administer their Ottice.e r In the investigation • of .Coilier's business he bad net cootented himself with taking ti e fraternent of the competint of the Commissioners, but had taken „great pains to ascertai n ~ whether Col lier was a man ill treated ; in tact, whether he bad .real grounds fur compleint. In making • that inquiry, he found that the Appeal and the Oath did not apply to the assessment states in she libel, but . was 01 stone years standing ; and .that - S o f ar , ' (rain the Commissioners haviligaeted . teijusey by him, there was not the least colour tor reflection on their conduil. The inttirtnetion had orientally been 4led 8 6 0 itio two printers, Cewdery and Hariop, for two distinct fowls ; for when Ceilitr had got it drawn up, be went to Harrople• paper, used paid *shillings for its inseitieu, intending thereby to spread the libel, and give it as wide a circulation its possible. The Printers applied to tne C omm i s '. sinners, staling their sorrow, and expressine a de tertuitettiun to give up the ;Millar. 'the Collioliii trOlierS, upon thii proposition, and without corn muoication, were satisfied, and promised not to pro ceed against them, all that they wanted being • to get at the bottom of the caluMny. It was on the application of the Connissionets.that Collier was •' prosecuied. The libel contained a gross insinuae non against the Comnaissioners, imputing to I them, that if they did not ad'from corrupt •motives, they ' did from bad passions, With regard to the punish ment, the Court or King's Bench had taken the whole of the circumstances of the case into consi deration,' and passed such a sentence as the jus tice of the case required. The charge against the Court was wholly without foUndation,, .and he should give the motion his roost decided opposition. Mr. WHITURBAD thought' that libels had of late hien too severely punished, particularly Collier'i, whose intention, as the Noble Lord stated, was nut to pOblish a lthell The Commissioners, in his opinion, upon looking at the libel, might have been setisfied with a correalon. . He was glad that the attention of the House mid the Public had . ben tilled to the subject ; and he hoped a- mitigation of punishment would follow from the fountain of mercy, ,espeeially in the cdse of Collier.. .- • The CHANCIiLLOR of 'the EXCHEQUER observed', that them was numbing in 'the 'acquittal , of. the Hunts which should influence the case of Drakard. With reseal to the appeal that had been made to hie feelings, in the case of Collier, it , would ha for the- House to consider the nature of that. case, and the mischievous tendency of the libel, The CuMovis sinners resided in a district very populous, and com posed principally of mmutfaeloters, who might con sider themielves aggrieved by the fiat Of these Com missioners; the libel held them up to the, neigh •bourhood as persons who were likely to ad - 00)01,11y and oppressively, and it was necessary to prevent, perluips to pieveut serious michiet, that the libeller should be pureslAi. There was as reasini-to sup pose the Court : had exceeded. the bounds of justice, in appoitioning the. puoisittnent ; they no doubt hael been influenced by all those merciful considerations, at the same time to secure tie interests of the pub lic. The House therthri s would do well to sup.: pose they acted correctly, and by acceding to the motion, content to ' throw suspicion, when in faCl matte. ityuched on the Judges,. With this resoling he mein object to the motion. . . . . Mr. W. SMITH, though he did not think that the . question was without its ditfieulties, yet was o f opt " nion that sufficient graund had been laid for the produdien of the required information. Ile ad !tinted that it was necessary to support those who undertobk the duty gratuitously diScharged by the Cornmissiouers, and that if any man libelled 'those Cominissionem he ought re be brought up to jus tice; but Itteeentended against earryieg ibis, p6 t i• cipie. to such a violent extent as that to which it. seemed to have been carried in the case under can. . aideration. To toment to the motion would cere taittlY 1)00 imply teat the House of tottimono ,thought there had been 40010 harshaess in the ad ministration of justice; ,bnt, as he did nut conceive that such implication wcktd be as detrimenial the. public interests as a refusal t‘o inquire into rhe stitsject, he should-support the Nable !AAA'S motion. .LocKitAter was s'lrptisd thal the pre mises of the Hon. Gentleman shoilld have led him to such a conelusion.--4he Hon. Gentleman allow ed that ~ h ieti PubPe - Pfßeert as the Commissioners 'alluded to, ought to be protected in the discharge of their duty. Now, it was impossible that Mr. Col lier could have made a worse charge : against the • Commissioners than that which - he had done, ex cept indeed he had accused them of cortuption. bad.eharged them with taking a' malignant pleasure in • oppressing mantitatituer., already half - borne down •by the varionsevils which they -weresendur ing. He could not conceive a more serious tation than this; nor one which motedistiallyre quired the interposition of the Law.. The Hon. Gentleman allowed that if the motion were earriol i it w (mid imply an imputation on the Court of King's Bench. Unquestionably tt wou:d chore ,espe cially when coupled ‘eitil some of the observations which had • n niade in the course et the debate; and he should theietore oppose it.: He never had been a. friend to sevei , . p ntishinents ; but he cop feltscd that hating att,:ntivety .consideted.the 'various pnnishinents for titsci, kw e l, il.ftieted by the'Court of Kitig's Bench dorHg 'Abe I,st twenty or thirty years, he, did„ not see that int;,7 1)4.1 tit— parted in the lulus e 'kw, lluutic auto the sound diseretien wt le4 'they app ar, d nifif.antly to exercise in such saes. 11 Mr.. Coiner were eri titled 10 lenity, that veal a eottsid4irat ion which ought to arise elsewhere: if ought nut to originate in that House, 04 it Vli6uld throw a slur out the administr2t-, tion Of justice, WOO, he baiellid, perfetdly improper. Lord Foutterobla made a short reply ; after whiCh the motion was negatived without a division. On the motion .for the House to relluiveitself into a Committee on the Vole, of Credit Bill, . Mr. BAN X, made a variety of observations on SO jeaS COolleaml with the internal arrangement of the finances of the country, explained the causes which had' preVenteit hint irony bringing forward any Melt ' sure relative to sinecureplacei in the present Session, and gave notice, that early in the neat Session' he woult) . eall the attention of Parliament to-the subject. The CHANCELLOIt Of the EXCREQUIM made a few remarks in reply ; which ,the Biil passed' through the Committee,' the'itepott cif which was ordered to be received io4norrow. The Imiery Bill, the P:lth 'Windt Bill, the Nor way Timber Bill, and the Cornish . Alincro' Bill, Were read a 1114(1'0.1 , e, and passed. The Cape Finisterie Trade Bill went through a Com Mime, the, Report of which was ordered to be reoewecl to-morrow. • ' Mr. 14811INGITQW brought . up the Report of the Spirits Suspension Bill.• • On the ItliAhilt, that the Resolutions be agreed to,' Nit. Swill stated, that !hi pattieS tiOnceinecl had had Counsel in waiting the whole of the evening, .woo, he was sure, it heard, would persuade • the House that , the conskloonce of the Bill, if carried, .would be to destroy the English Distillery., and . the Reventir. of bdth count Fie». At that late hour, and with that thin atteodanae, he writ Sure, ht:WeVer, that they could not be heard with advantage, and . he must miive, therefore, to pOstpone the further consideration of . the Report until to-tneirrow. The CHANCiLL(.II at thi—Excitsatitin expressed his readiness to hear Counsel 'then, but Mr. W. Smith 'persevering, atter . a• teW' words' froth Mr. kiittellinson cod Mr. Marryatt, the •motion was agreed to. 'l'tie other Orders of the I) iy were then disposed of, and at 101 . .. past rleveu o'eluch i h►e House ad journed. Aitittvitn—i Lisbon. I tiisernsey, viersey, s Dublin, t Wattiford. I)vr.—l MANl 4nti. , iiittCt; ot s; roCKS THIS DAY AT ' TWILVI O'CLOCK. Red, Ann, 631 I.Ormtium • t‘ N. soLskt quik Cik& AUDSAT ZONDON • THURSDAY * Juiie 13, lan. This Morning a Mail arrived trom The following is all the intelligence it,brings HELIGOLAND, JUNE B.—The measures adopted by the enemy to prevent all intercourse with this laland, are beconiihg' Mole and mole rigorous. * A number of troops have lately returned to the . Coast 00(1`bein ,stationed in the adjacent 'aim's. No fewer. than 300 men are said to have entered the Island of NO1• dew.' The Governor of Wangeroff, with 'several persona on that I s l an d, h ave been p ut under arrest and marched- off, in comequence of being'suspeeted of holding. intercourse with persons front thislsland. By a late, arrangement every vessel,or boat leaving. the Coast. on any pretence, and not returning in d;sys front the date of deisartuse is liable to be eon. fiscated or deal toyed., and she owner runs the risk of being condemned and shut ai.a.traitOr, and the pro petty seized. . • Joie 6.—His M,i,jesfy the Icing of Sven Thos day mule arrangements for removing his resi dence from the house of EDW ARO NICUOLII, ESq• to private 'edgings, from whence it i* inierred that Jtis Majesty's slay here will be longer than WWI st first supposed. His Majesty is to. dine This day with a heled party, at the house of Wyly At.tat4., Esq. Assistant Cemmksary-Gentral. The',report which we mentioned ytverdey, re speding the surrender of Gvtloa, to AdruiFol Cop iirenrinnitt ge'rer'al pevate Jeer n s tiifit have been received from Lisbon. Guveinum not received any account' upon the Subjea, and we do not think the report deserving of the teas( credit: • . .—.....----- NVe have Veen favoured with the following Ei. tract of a !Amer from a Spanish Gonilettign l't C adiz ' of the most respectable character line kiwi/Jetty, abilities, and attachment to his country .. Our people have fough t at last ; their olser and .gallantry have surprized an d delighted 116' British'comrades. Among the E,reli arid ineslcula ble•oo -.. . - hak-quences of that memorable dayi toe 0 : 4 , . 3 impbrtani will be to unite more c hisely the booth o f fri , -.Ocst - an d - -flp c on fidence between the two nation; . .. so ilestra.ble byi4,.bee:inse so necessary 100411cl' 1".1,,, CA S 11A1Vb, :13oaxS, and liALLs 4 re libi,l4" ',behaved like heroes, as'we ll in the fiel tO d a 5 0 1.4 14 in Ilio r dohdehcension- - towards, BSA EsEuitn, • a ched order, systeo4,- and eanglation, beiween the -- troopS was entirely ' CAving. Mora c orchail) b '''' "leen4llles. than was exhibited (pun teat °color , dn ., urinals of the world , perhaps, du not Intri,lla3 example of. ' We are n ot ac q uainted yet , r ich ti ( ' 3 route 5o uLT kW I,di;el) ; dOl ll say fUwalcis ilk, w her e ber will try to re-unit e all his trorips rick acrd second eugagernent,, before he dctermities to WO - t l w . r h u i e:r ' e::i:r i l i i s t ic - o p i r:c o_ e ili r e d c n e . w t . otfgLiaL2it,Loaortontsbiul:tis aootrildill:e::101:°:'1°11:r!39:;: and the corps of General li'lreYite,.WilU ii 11 . * C44 •', a Not frera M urc i a ' towards Andalusia with 10, 0 ° - and •3000 horse, the tiowei of Our army; will lona ~,s h • a mass , too formidable for SouVr to enco unle. if his broken army, We l a ne still in CO onil the f a rce Island a 'Leon 14,000 men tit for service, s ;co tar .more than sufficient to dislodge tire fov n dei General VIC,TOII has with him on the 01)10 0 st i ici bu t as there' are behind very stroog b,lterticile:!it:lo to is .wQrth, particularly as they are 140 1 1 I° g ull spot of their own accord in a very shor t ~ carry would require is greater loss than ilia obi l c i c i t e i r eals , 1 Wale. bas not been ,thu....hi• adviabic. r P. - . .. • 115 '•• i (~0' toloi 9 ; °`‘' you have heard, of• our pro% ess it' ~ ~,e ro at talks in that quarter are in the Mast P'"" 1 " - thit 114 • w w i a l y l , su li o n ti d weevaerry;ttrehisangtnieraldeBvZhiteol:ll gVIr (l'e Peninsula," SiiFRAN . lion. r . f i o r i g — t e — rielititsl 1 1 111 . 1111M: 1 ' 16 i v#44j 11'4j s''; cts .BUltDert, 3,lVerling to tb e r' ~ ix,, , ,, , v e ~,,. ilmei themselves, g i b o Y d O ! .d. ,, n f e' the ° -1 . ,Fr l i l t 771 ds ij e of °' 9 14 % 0 v r Ig h : :15(1't.litIeedloil:51: a 'eniSeiVeSiin°llittiMA:nngdatYbeldso'rr'atlinatit b ut titil;:rilli;:tl; three y ears, as it would OIY more freqoeotiy" .0, por iud of corruPti°3'tio4 o out. ~..„'wl?Ft must be thought of the schelle f ar °ll e „ Nectiuns, _., which .some of these liet‘'llners h„:tioja . anxiously recommended. 1 Tlid pet iod of curr"rie, in that ~,, --se..eFoording to the littroort's oil 00 would be frequent indeed ; to boy uotloug°. ot. ectialere::oalui4;el:irnagii'olit)s‘liolitlg.Gotce;nwnscilvlrnaruldit' tinliet ' '; $1;111 ra ' , ii415.16n - "'Web would attend finch foltic".clji„ . and the. time that would be ';`'n't'llle„ 10 tc;°:g:itstitli;t'ets:rlll'w;w:graeatsentanil 1. 1 . ° r adt o bu w itil Itlijei.de:v:uc'°:::ll:l:l:l:4:c4t tr i 4e l tehr:l/I°l c.fi:ttlii' 11 ::::11:1:(1:1''ll::::::::;):::11;:: revolutionary kind, then - ii. . 1 t 0 113" anti 00 thhse who ' ' . ~ bilv'e inutienstve object ,i t , 'sieo, Di 3, d 001 r?g a r d • for their eh:neuters, in retreotalp 1 . For std such as taiga: , ~ possible from such a iniicltiovuus asi°lll4.B.l h 0 o tmt instance, one Of rite orators said, that: c.,00, unwilling to ieCta lu'lfie stord, rate tbelt.3l)., '''lii to still b-'l3 thought the 'PCOpla of gligl3na t"t‘„ op ' . Wocii 0 4onte forward ip,a ,lady ao(1 petition. .• i to naostti(n 1 dills alludes in public to the tivord, ,in '" 0001 the uieaSUfeS of Goverlialeitt, or for tits Pr thli of 80111 e. litvOtirlte, uttjt•ct, it may. ~.‘1,74-,,1., ' be infarcth i , ~., he would reJl4 have tio gra hesitistian I " . ac es. -,,1. P ° ccs ' 43e at it upon whaf lie chtglltdeern n,. , 3,05 to t o And th en stipp'ose, it !lig peoP10) ace' , 4 tild, wish of this 'spanker, were to coniePr'4:(l.r‘k in.,ctil':), and Petition, and welt: to bilveicialieliorort:lt'::::tri,rejt foil we 8110 y, proactie.tllet he woo a 4,110' IA end ° WO' „ roprese , .. *lthrtligplubtbl;::oreocnuclrtltd°o:l;:elitt7rnwl'aitt";::::: ; simple liefot in in Ale Part taincottuf , 0 t ,i , 0 coojelll But nobody present thought Pr°Per , I- -.0 • nto en d l '' : f orator. for uttering 001 seotang , ? 11 , so y of , • • f the to• P. t may. conclude that the opil3lo6° ~ ~,rei. ,PI 11 be I)3' 13`" riVillat reePonad with tboso wiuo A i fle d/ this is not all : the same Ssikerr.elo3,l- , ) Too, , _ .60 al deb t • ii had the people to do with 01°1/7 ;nnbio Of: bad nothitig to d 0 with, the Anti,-J°, that i ie 13 Ike° the opinion of thio Geolientat' , At to 1,00 COJIta" riV 81}0Ui4.1 be Usc,tl to ply the p by ter Oil the e'er# 14 hi, attoupt to thros/ odium ~ . ,lod e - , townlinet . ot iLig it " AIIII.J,ICI-bl," 11 d iber' co ulla ' ;1131' the A-Jr it fot tlui defence of .01