The British Press; or, Morning Literary Advertiser.
London, England, 1803-02-22 00:00:00

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matter 'bare- charged agalust Von ; t'houg'ht be
wac instroded to come Into Coart fee such afar-
pose, and in obedience to such iestritaion he were
to goon* the seme topics of &eta mation here treated
:al, there would then be an extensive and abundant
field far his splendid talents ; b,...c.iuse it *maid em-
brace one of the most extraordinary and eventful
circumstances in eile most extraordinory and event-
eful Revolution that ever, the hi .try of mankind
has hitherto recorded; but I 'cannot 'help thinking
that to a discretion much Inferior to that of my
Learned Friend, this would appear an ineligible
course. I say discretion alone would be sufficient
teguide as both in this case, to avoid that course.
What brings me here, and what has induced me to
bring the' Defendant here, is this: I prosecute this
ruldication as a Libel, because I say it has a teaden-
en Co endanger the security and peace of this come-
t: I. This is the cause which brings us both here.
If I am right, that charge Will be supported by this
information, and you will go along iirttli me .in
t
hinking that the befen4ant, who is the.author of
it, bught to be pronounced gailty ; and when the
Court shall be called upon to pronounce what
punishment stall be inflided on him, if the spirit
of this Libel shall be repeated in the defence,
I shall think it my duty to remind the Court
of the course of the defence, in order that the
trial of a,n offence against the law, iu an English
Court of Justice, should not be made the vehicle by
which the mischief is increased which its proceed-
ing was instituted to prevent ; for it is fit it should
be kndtva, eot only in France, or over Europe,
but throughout the whole world; that a British
Court of hstiCe will not endure its own proceeding
to become the means of spreading defamation with
impunity to those who seek that unworthy purpose.
I say, this consideration operating upon the discre-
tion of my learned friend, as I have no. doubt it
does, leads me to suppose that the curiosity which
this cause has excited, will be disappointed: but
teither the gratification nor the disappointment of
curiosity is our business; we arc to satisfy the de-
rnands of Justice. by administering the Law—that.
is our business. We are not to be concerned for
any disappointments, except the disappointmeats of
the Law—we.areto take care that the I.aw shall not
be disappointed.; and with that view, I am desirous of
stating to you, not only what this prosecution is, but
what this prosecution is not. This is not a prosecu-
tion for a publication which may be said to be an
effort to give to the world an historical narrative of
events which might have taken place in a neighhour-
ing country, and which might, or might not, as an
historical narration, contain philosophical refiedions
on the condua or charader of the persons who may
have beta the actors in • the scenes this is not a
-narration of historical truth, 'which should not be
complained of when written in the spirit of an his-
torian, although with a boldness and a freedom that
may give gain to others; nor is it that larratioa
which being written with honest real, though wi:h
a freedom hot-daring on licentioasness, which may
be excuseable ; neither is it that piece of flippancy or
impudence, or insolence towards the persons who are
the objects of it, and on which account it might be
treated with contempt.: but this is the case of a pub-
lication which, as it seems to me, is originally a
libel and defamation; that .has defamation for its
object—for its entire, or at least, for its best object,
and its general object. Its further ohjea is, to
direa that defamation against the First Consul and
Chief Magistrate of France, whom our own coua-
try recognizes as such, and is at peace with ; that
the object of this publication further is to excite the
subjeas of the French Republic to rebellion against
tier Chief Magistrate ;—her Chief Magistrate de
fano, and to excite such subjeas to accomplish his
assaasination and his murder. That being the ge-
neral objet and charader of the pithlication which
Is now before you, I have to state to you more par-
ticularly the nature of the charge contained in this
prosecution. The information charges, that these
publications (for there are three of them) were with
intention to traduce and ''=fame Napoleone Bona-
parte, who is stated jas he is known to be) First
Consul, and as such, Chief Magistrate of the French
Republic, between whom and this country there
exists peace and =hat, and to bring him into hatred
and contempt with the subjeas of that Republic.
It further states, that the libel was published with
intention to excite the people of France to assassi-
nate him. It states also, that the Libel was pub-
lished with intention to interrupt that peace which
aubsists between that country and this. With these
Intentions it is charged to have been published, and
cacti is charged to bathe tendency of this publication.
Gentl ' e:Mee having stated to you the outlines
and nature of this prosecution, I do not feel that I
am called upon to lay down any general principle of
law as to what extent the Government of another
Country with whom we are at peaca, may or may
not be the aubjed of discussion, because that, as
consider it, is not necessary in the present case;
but there are some pehns which I consider as being
clearly laid 4ihrirre. No man would suppose that I
mean to cortend, that any publication which pro-
f,esses to consider the state of another Country at
peace -with us, and to reason on it, or to give an
historical account of it, and which mite contain the
eefletlions of the Politicians er Philosopher on the
events historically detailed. If this be published
"fairly and lona fide, and not under covert far Jan-
.der and defamation, such-a publication I shall sever
-deem the aitbjed of preseeetion in a Coen of Jus-
tice. ,let if the case this--that delaatatitre 4s. the
'tend oitjr pf the publication, id:hough it may
plaiting re be written in the ipirit of an history,
with political remarks and pliracephical refledions,
'and that the tendency of it.ie an excite the jmtlousy
and hatred_ of that Coven y to wl•ath the peblica-
nion is direaa4 arytainet ahat Country front which
that publication isms. I think it is not likely I
shall hear it said in an English Court of Justice,
that soeh a ptiblicittion is not a libel, or that the
Anther of it ought not to be punished for such a
pubEastion. The offence here charged to have boon
'committed by the Defendant is, that this his publi-
vatiee'is tt dire& eaciteximmt and erhortation for the
'whole people of that. Republic to .rise alp in urns,
to resist tht power l .woiali they are at .present
governed ; postai .ienbe hands in which .de fat% it
fis placed, and take away, the life of the Chief Ma-
gistrate- I say that such a publication is an offence
aet:nst t;he law of this countryin which 'we live.
It is ant merely onpriaciple that I contend this;
*tut I submit to Ina that {base -cues decided and
.adjudged, held ing precisely the same &marine. The •
first is, the case of lord George Gordon, for a.l
kaainst the Qtteen of France; the other is :1
the •cuse sif sta. 470t0liaCii Of a libel on the

U

Impel -et of Rus.,ia. 'The charge for the last Libel
I will read to yoa, and then .1, shall beg -of you to •
tompate that with the language of tht present' in-
foemation: that-information stated, that the. Libel
set forth, " That the Fenveror of Rnseia was ren-
deringhimstlf obnoxious to .all his subjeets by alts
of tyranny, and ridiculous by hi; caprice: he had
passed an edit for prohibiting the exportation of
deal.feein his dominions, and that the consevence
of it was, that 103 ships were likely to sail wulumst
freight." This was the whole of the libel, and yet
It was charged with having been published with in-
tention of traducing his- Imperial Majesty, and•of
luterruptiag and destroying the friendship which
-subsisted between that country and this, nod'. with
great danger of interrupting the tranquillity-het-wee:l
tour sotereign lord the Kin:g and his imperial Ma-
jesty.—That irtS the cdrence of which that Defend-
' ant was charged. He had the advantage of beim,
defended by Mr. Erskine, but he was convietesr.
However, if you do not think that this was pub-
lished with any such intention as that was ; if you
should not think it has any tendency like that ; if
you think it has no tendency towards disturbing the
peace which subsists between the two countries,
then the Defendant will he entitled to his, acquittal.
Bet if you think that it was written with the inten-
tion, and it has the tendency here stated, which is
the same as the intention and tendency stated in the
case of the libel against the Emperor of Russia,
then, upon the attthority of an adjudged case, as
well as upon the general principles,. I am justified
in saying, there is no question that this an offence
punishable by the laws of this country. •
" Gentlemen, I have now to call your attention
more particularly to the Libel itself which is the
subjea of this prosecution, and I do not think it
necessary to g 3 over the whole of the circumstances
stated in the Libels my Learned Friend who opened
the pleadings to you, by his distinetness in reading
she Libel, having rendered wt unnecessary. The
°hied and general tendency of it are two, as
charged by this information : First, we charge that
it contains a dire d elle:elation to the subjeas .of
the French Republie to assassinate the First Con-
Napoieone Bonaparte, himself. This is to be
found in the very first lumber of the publication
called L'ilsnligu, published by the Defendant. Tire
frontispiece was the figure of a sphynx with a
variety of Egyptian embkmaticel figures, not very
material perhaps for us to enquire after, but the •
head of the sphynx has a resemblance that is ma-
terial for us to ceesider. I cannot pretend to say,
whether it is a likeness or net, never haying seen
the Chief Consul, linnaparte, myself; but from the
pictures we have all seen, it cannot be doubted that
this sphynx was intended as a representatjon cf the
Chief Consul ; whether like him or net, is not ma-
terial, it is sufficient that it was intended to be so;
and this we may discover by -observing that it is
like tharpresentations which are made of him ; and
by thiet I say, you may find in the frontispiece it-
self, thetelsject of the publication; but if that were
doubtful, you will be nhnndantly satisfied by look-
ing at the publication itseif, and comparing it with
the frontispiece, that the whole object and ten-
dency of this publication is to vi try the Chief
Consul of France to the worll There arc two
of the members of the L'Airkee made subjeCts of
this prosecution, the first and the third. I will
read Nett of them, and first call your attention to
that which etands last in the information; it contains
a supposed harranguc of Leppidas against Syila, by
way of Address to the People of France, in which
he treats the Chief Consul as a Tyrant.

[Here the Ai roltlitY GENERAL read over seve-
ral parts of the Libel, and made observations on
their tendency as he proceeded, and maintained it
manifested the tendency, and was written with the
intettion he had already stated, accusing the First
Consul with having obtained his power by force and
by crimes, &c.] . .

" We are not to consider whether his power was
obtained by force or by crime, or by what means it
was ohtained.; nor are we to consider what he is: he
is de fall° the Chief Consul of France, aad he is ac-
knowledged by this country, and we have made
peace with Mm as such ; at the moment of the pub-
lication of this Libel we were at peace with him, and
thus is he treated in this publication. I wound then
ask you, Gentlemen, whether you think it possible
for such a publication to be hinocent?"
He then proceeded to the second head of charge
against the Defendant, which was the second
cation. This, he said, conveyed a dirt exhorta-
tion to the Subjefts of the French Repablic to as-
sassinate the Chief Consul, Bonaparte) himself. It
began, he said, with an Ode, and proceeded to in-
role Heaven to avenge the wrongs of the French
People—then proceeded to compare the situation of
the Freach at present w the Romans, after Cesar
past the Rubicon, and thza after the la•:e of the bat-
tle of Pharsalia, and concialea with observing, that
though Bonaparte bad neither a Pompey, nor a Cato
to oppose him inthe striate, yet they had the means
• left for .pacing as eat to his esistence, as an end
was putto Crsar'a ; nears mending to the
French pciatae to assmsinate B:mapartz, as the
Rom'in Seveitors did Cc sae, arse concluding with
the ensilhatical wort, Amea. **This was'ettrafted
from L'.l/414;air,_ of the 14th of July, 18%. Upon
these papers, of which we have thus given the out-
line, the Attr.rney General made many very able
comments, and then procceird thus :
"'Upon these two papers, when you shall have
heard them read, I think yon will agree with me
in thinking, and • I ImAieve .mankind 4 large will
think, that :hest papers arc gross and scanaalams
libels, and that it is contrary to the laei of this
land to hall .out any exhortution to any body of
msa to assassinate any one, .or to excite rebellion in
any ccuntry with which England is at peace.—
Gentlemen, if my Learrie.l Friend meets 1112 on
there points, and he endeavours to induce you
to believe that all this is fair narration, written
with hones: views and intentions, we shall ma et
'fairly upon a plain issue, which you shall decide
between us, and I shall be contented tb leave .it
so ; but do ndt let me be told, that we are un-
equal to the task of determining on the intention in
such a case as this, when we see..that. men axe insti-
oaateil to assassination. I will nut trouble you mitch
further on that subiect—l hare stated to yo what
I am convinced to be the objeft of Ctas publicati.en ;
and now letm ask you, whether you au not
with me, that an exhortation to the .people of a
ccatntry With which we ate at peace, to assassinate
efeir
.thief Magistrate, or nay Nitta, is great
crime.? I Iwill4o fyrther,asnd that not only is it.,SO
:lathe titne of peace, but also in' the time of war ;
there is in the bate proposition of assasslnatior., any

time, something so disgraceful and base, that it is '
impossible to support it, being contrary to the whole 1
tenor of the law, and repugnant to the feelings of ~
the people of England. It would be base and dis-
on-ace:lld to us in time of war ; what•rheu must it be in
the time this was Written, which wasa time of peace ?
Why then there is no que,tion here between us,•ex-
cept t'le tendency and intention with which this pub-
lication was published. It is of no importance to the
issue which you have to try, what the Government
of France was at the time of this publication. It
is immaterial whether the libel was directed against
a Monarch sitting on his throne, which descended
to him from a long line of hereditary descent, or a
person to whom the power fell by the events of a
revolution, from the choke of a country, or from
any other cause, it makes no differtalce in this issue.
'1 he Chief Consul, Bonaparte, is Is lath, Chief
Magistrate of that country, and by oar law he is
to be respected in like mantle:• as if he had been on
the Throne .of France, and had taken it by descent,
which had flowed for many centuries, and through a
great number of generations. Both cases, by oar
rules of law, arc =ally the same. We may be
told, that there are many libels in French newspa-
pers, some of which are supposed to speak the lan-
guage of their Government ; that The Nensicer,
publishes a number of scandalous falSehoods and
abuses upon the Government of this country. To
which 1 say, What have .we to do with that ? If
they publish libels on its, let them take the fate
which will attend sudh labours; the fault is theirs,
which is no example to as. I say, that the publica-
tions here stated are offensive to the law of England.
If there is a feeling in any other Country envious of
our prosperity, and they think they can answer any
purpose by slandeting others, let them have the full
isenefirsof it, but do not let us have the disgrace."
The Evidence was then called in support of the
Prosecution ; which consisted of proving the publi-
cation of the two Papers, at the desire and by the
• iequest of the Defendant, Mr. Peltier, by Mr. De-
bolfe, against w!lo:n an Information was also filed ;
but he has suffered jedgment to pass by default.
Mr. Miliiroso and Mc. FEROUSOS, who weve
Counsel for the Defendant, at first waived the right
of calling upon the Prosecutor to read the whole-
Charge of Libel in the Information, first in the
original, which was in French, and then the English
translation, as stated upon the Record, but upon
reflection, observed, that ;they did not in a Case so
important, give up any thing that might possibly be
of advantage to their Client. and therefore an Inter-
preter read the whole of the original, and then veri-
fied an Engliih translation, and aiso, at the request of
the Defendant's Counsel, read a number of camas
out of L'iimbgu, which were not included in the
Information, which they said was necessary in order
to give to the Jury the whole context of the publica-
tion. _ _

All the readjusts, both French and English.
being concluded, the case fur the prosecut►on closed.

Mr. NI, It+ r o.:it commenced a splendid and elo-
quent speech, of which we profess to give no more
than a very brief and general outline. He Coln-.
tnenced lay observing, that he undertook the de-
fence of his client surrounded with difficulties, and
called upon to urge topics, which he feared might
'be considered of an invidious nature. The Defend.
ant had thought proper to selea him, to'defead him
from the charge of which he was the objea ; and his
professional duty-neither allowed him to decline the
office of his advocate—still less, after having under-
tnicen it, to betray the trust reposed in him. The
Defendant had a right to expel from him a zealcus
and fearless defence, unawed by the apprehension of
offending those at whose instance the present prose-
cution had been instituted. He should avail himself
of the privilege which belonged to his professional
charafter, to state, without reserve, whatever. he
thought calculated to shield Mr. Peltier from the
strong hand of power which was raised to oppress
him. Were it possible to silence the voice of the
Bar. an English Jury could hot be sitting for the ad-
ministration of justice. It was a sanauary in which
fear never entered the heart of any one, except a cri-
minal. He desired the Jury to refle&, that the red
prosecutor of this indi&ment was not the Attorney.
General, but a man who was the.uncontrouled mas.
ter of one of the greatest empires the civilized world
ever knew. The Defendant, cm the contrary, was
a larosceibed, helpless, and defenceless. French Roy-
alist, who, in the month of August 1792, bad, with
many others, been compelled by.tbe revolution in
France to fly his country. At the period of that
awful emigration, when the Proprietors, ivirkis-
traces, and Public Funelionaries, civil and ecclestas-
. tical, were driven by the daggers of their country-
men from their native land, our shores were filled
with unfortunate men, women, and :children, who
hastened -to it, as if they had been flying before an
artily of barbarians. At length the greater part
of those who were saved from the horrors of
the sword, were permitted to revisit the soot which
bad given them birth.
Thankful they were, even for the sad privilege of
dyinr, in their native country. Their retura was,
however, coupled with such conditions of allegiance
to the ruling Power of France, that the Defendant
and e few others, aatiated by sentiments of loyalty
to their legit mute King, thought the:sac:l;es bound
to 416st:in from acoeptiog the-proffered boon. 'lle
learned Counsel said, he could not blame the present
Governmentcf France for eructing that allegiance
from Emigrants Tetiu-niug to the eeontey ; all he
desired was, that the Jury would not think unfit-
vourahly of his elieat, for refusing to avail himself
ofdie offer,.by acceding to a tot.: t! : n his consci-
ence and principles of loyaP.4
.revolted at. No one,
• he was at.urel, woisk.' think the worse of these
wretched Emigrar.,. who had been cast on our
shores, for persevering with stubborn fidelity 1) tU,e
laws and government of their fcrefathers. The un-
fortunate Defuidant was .a iGoatlainan who had
been bred to the study i4' ,literature ; when, by tt,e
misfertums of.his,coitil;ry., he waistripi,ed 4.4 his
be .foundhirat.t.li.corripelled to ft to it, as a source
.of existence. He had prod' :ed a variety of works
sof zotgiderable interact ; but, sine/qtr conclusion of
the peace with the Pfen,;ll RepabFc, lie had dime-
gaged.his attention Srurn these pukka: and serious
;produaions which hail before occupied his mind,
aad had devoted himself to the putaication of this
:trilling and sabscure Journal, which liaa.bettn iirorgat
tvort by of being made the subjea of s rttLA:c prose-
:C*Po2. it Was a Jour .the MAE metlionious ler
•the.ptitpose irstputedr*o it. It could rot•Le read, at
lista bit partinllp, in heglenJ, becaust 'it was..eot
.w,rittehin .tie k ngli>li -language : it c-old not be
read in France, becanse the m.iadate ,If the Sore.
e:gn Power had prohilaired its admisi,vn into that.

cotmtry. It was a Journal which could have no
other possible effect, than that of amusing and con-
`'soling the fear companions of the Defendant's exile,
by occasional pleasantries on the faetions which di-
vide ksrance. It was a Journal .remarkable for one
circutnstance alone ; and that was, it was the only
Journal that had dared to speak in favour of the un-
fortunate family which, fourteen years ago, was flat.
tcred by every wrack, and guarded by every tribu-
nal. It had been truly stated by the Attorney-
General, that the last libel of a similar descripttna
prosecuted in this country, was against the unhappy
Queen of France, who had been since inhumanly
butchered by her subjats. lie dial not say this for :he
.purpose of questioning the right of his Majesty's mi.
niters to protect ;he eharafters of those wHo were ;it
the head of the Government of a county, in :finance
with tr, whether it was a goverionunt of yester.ur
or one which had existi,il for a thousand years. He
alluded to it merdy, that the Ju.ry should attend to
the case of this helpless exile, the Defendant, whits
the stern hand of authority was endeavoming to
drive from the last asylum he 'had on earth. Ter.
haps it WAS owing to the lenity of his Majesty'S Mt-
nisters that he still enjoyed that last a,ylurn, and
they were entitled to his warmest thwiks tur relasiny,
to violate the rights of hospitality at this request qf
any foreign Power, however formidable. Ihe
fendant felt the most fervent gratitude ton at ds tie
.Prtaedor of this empire, who, amidst the ruin of
the surrounding kingdoms and principalities of Eq.
rope, had allowed impartial iastice tO be iiinini4.
teeed to him in this ()cm ancient sang-nary: Tut
Defendant, conscious of the justice he bad to erpe&
from a British Jury, Lad waived his right of being
tried by a Tribunal, partly composed of tizcigner:
The learned Counsel said, he considered this as t 1
first contest between the greatest Power on earth a A
the British free press, the only one now remaining,
'I hat it was so, w- as a melancholy redecction to the

friends of human nature. Till that great earth-
quake, occasioned by the French Revolution, had
swallowed up the presses of the Continent, tin re
had, by the indulgence of the larger Powers;esived
many States in which a free press had been tokerat-
•ed. This had been the .ease. in Holland, Swltzert
land, and the free towns of Germany. Haar/
and Switzerland were no more, and 50 of the Gen.
manic free States had been erased from the map by
a dash of the pen. These States he considered as
very interesting part of the ancient system. Great
stations could not exist without considering their mi.
litary system, but small States were obliged to do. •
' vote themselves to industry and the sista of ,peace s
and they formed a kind of controul over the supe.
nor ones,; for no depravity could so sink any man
in his own esteem, as tc reader him regardless of the
opinion of the rest of the world. The undieturhed
repose the States he had referred to were suffered
to enjoy, had enabled them to become models at.:
testing the .civilization to which Christian Europe
had reached. Nothing so much proved the civil.
ration of the Continent at the period te.referred. to,
as the freedom enjoyed by The little Republic of Gc.
Lusa. It had been suffered to remain undisturbed
'itad unthreneened, while surrounded by .myriads
the armies of France. All this was n4sv past and
goee. What the new system was to be, was not fur
him to conjefture ; but he was perfealy convinced
that the arbitrary violence of ambitions monarchs,
had been checked biati.zhi: dread of the opinion of the
impartial audience d among the smaller States,
and in which no sooner were any zas of oppression
known than a theusand presses were set to work to
communicate them to the world. At present then;
was not such a thing as a free press from Palermo
to Hambnrgh.—Not one asylum for the liberty of
discussion remained—no public v ei.;:e. the expression
of which could contrbul the despotic attempts of
arbitrary tyrants. Happily, however, these presses
were still secure which were protected by the British
Government, and by the valour of Englishmen..
The ancient fabric, raised by our ancestors, still en..
dured ; though surrounded with ruins, it stood
solid and unshaken. He had observed, that this
was a tomcat between despotic power and the free.
dorn of the press, and he considered the Jury as the
advanced-guard, fighting the first battle in the
cause of liberty. He recommended to them, to he
extremely cautious how, in attempting to repress a.
libel, they violated the freedom of discussion, whisk
was the best guardian of the State. The offence of
a political libel differed from all others in this re.
speelthatin all other offences, thepunishment could
alone strike terror into those who meant to be guilty,
but in this it filled with dismay the innocent. It
rendered it impossible to define the boundary be.
tween history and libel. It had a tendency to re.
press, not enly the most innocent aelions,
but the most meritorious duties a man owed his fel.
low-creatures. Even in the case of the most unjust
and amhitious attempts against the independance of
the oountry, A Can would be fearful of taking tip
his pen, lest he should overstep the boundary of
disousslon, and write what might Ise construed as
libellous. He next adverted to The relative situa.
tion of this country and the continent, as it had
.stood since the period of the former having waived
any interference with regard to. France. Gre4t
Britain c:nild now have only 'two objeas to look to—.
her own nararalsafety and liercommercinlprosperity,
Her national safety depended on har pur.uing an una.
form cony* of justice at home, and interfering ins f:-
.betocop7rtieveetinatnagernyoouns.e
tiler inthe concerns of foreign countries than was n:.-
cessasoastrlo lirrer°lnec
could only be att,„. „nn
bd Peact .ansa the labour and
industry y
a the Inibaur and industry he
cions;.derea c,nthic.soureo.s.of wealth, and wealth is *
tae means of civilization. Under these cireum-
stances, he conceived it obviously for the interest of
!this country, that a bold examination into, and the
public and free discussion of the conduit of the &her
powers, 'should be tolerated. -It had been said by
an ancient orator, 'that no man ever had been the
'enemy of the rePutilic, 'ttu he had at the same
time been his enemy. in . the same manner, no
man had ever intend,;(l ought against the 'liberties
of the great Republic of Europe, 'kut as the.first
step tosGards the promotion of his design he had di-
rOted his endeatours against .England, justly con-
sidered the guardian of the rest of the world. In all •
cases when the liberties of Europe had been endan-
gered, England had always been placed in the first of
the battle. He then drew the attention of the Jury to
thelibel, observing the Attorney General had expressly
stated that it was not his intention to attack histori-
cal narrative. He had saids that the essence of the
offfice wat,-.shat it-was published with the intention
of disturbieg,the peace of the state, and that it had
go reference whatever to bistaric.g skcussion. He

I.