The British Press; or, Morning Literary Advertiser.
London, England, 1821-02-09 00:00:00

SENTENCE OF THE COURT.

The Court from au early hour in the morning
was crowded with people, among the numbet were
lievroil persons of ilootinchoo, 10 the ezpectaliols
that Sir Francis Burdett would be called up fee
judgment. At eleven o'clock the Hun. Wironat
entered the Court accompanied by Lord Nugent,
S►r Robert Heron, Mr. Hohhoure, Mr. F. Pal-
mer, Sir Robert Wilson, Mr. Larnbtoo, and seve-
ral other Members of the House of Commons.
On the LORD Catch JUSTICR taking his seat
on the Bench—
The ATTOlLlisir-GmaAL moved fur judgment
on Sir Fragile'. Burdett.

The affidavit of Sir Francis Burdett was then
put in and read by the Officer of the Court. it
stated that he had been fur 24 years • Member of the
House of Commons, during 14 of which he had re-
presented the City of Westminster, and that he hod
always advocated the cause of Parliamentary Reform;
and that reading in the newspapers an account that
the yeomanry at Manchester had cut down me-
armed and unresisting people, peaceably assens-
.bkd. he hod no doubt at the time that it was
true ; and thinking it illegal to employ soldiers on
such a service, sod being of opinion that to petition
was the undoubted right of the people, and con-
ceiving this to be a proper occasion for the exercise
of the right, he had thought it hie duty to address
his constituents for the purpose of their assembling
to petition for redress of that grievous outrage.
James Hartner's affidavit stated, that he had
searched the files of all the public newspapers, and
the 4rit aniteineut that be had found of soy appro-
bation expressed by bit+ Majesty's Goveroment of
the proceedings at • Manchester, was published in
the Star and Courier newspapers, on the 25th of
August, Mg, in the shape of • letter from Vl*.
count Sidmouth to the Easl of Derby.
Mr. ScAamarr then row and said, he should have
been well pleased had his duty perniitted him to
have had nothing further to do in this case after the
address which he had the honour to make to the
Court a few days ago. In addres.ing the Court at
any tine in mitigation of punishment, he was cos-
. scions of the difficult situation in which an advocate
was placed, but how mach to him must that diffi-
culty be increased, feeling, as he did, the deepest
,personal interest for the honourable person now on
. the floor of the Court. It was not because he had

sometimes differed with him on political subjects,
that his value and importance to his country was
at all diminished in his eyes. No friend that .the
Honourable Baronet ever possessed had he ever lost
by his political opinions. He was pre-eminent i•
all which could distinguish a man above his fellow.
citigeus--in all the relations of life, both public and
private...illustrious, belo►ed, and admired. When
lie looked on his public character, which for 25 years
had been held up to view, whatever opinion might
be formed of the course he had sometimes pursued,
his conduct was always candid, open, and avowed.
He stood by his birth, by his education, by his
large possessions and distinguished talents, the first
Gentleman of England. In that character he
had duties to perform, which he had performed iu
sock a way as would make the history of his life,
pelt of the history of his country. Upon no
former occasion had their Lordships been called
upon to pronounce • penal judgment upon an in-
dividuall more distinguielied by his talents and
patriotism. or more dear to the British nation.
He had an his oath declared (and all who knew
him believed it, without that guarantee) isis reve-
' ►ence for the laws and constitution of his issuntry.
By devolving the dory of addressing their Lord.
alups.to him (Mr. Scarlett), lest by any expression
of wounded feeling. which assuredly their Lordships
would have pardoned, he should appear to
want a proper deference and respect for the
Court, lie had cultivated by his example as well
as precept the reverence due to the law. One of
his moat ardent wishes had been that his country
might ever have the benefit of • government of
law and nit of the sword, and to ward off the evil
and the fulfilment of the prophecy which the
Philosopher in the shade of retirement had pre-
dieted. would be the euthanasy of the British Con-
@mono's, was the study of Isis life. lii his progress
through the country he learnt with sentiments of
horror, not unmixed with indignition, the fatal
occurrence which had taken place at Manchester,
and he wits called before their Lordships for having
been betrayed into exprrastons which he (Ar. Scar-
lett) did not stand there to defend. Their Lord-
ships would not expect from his in mitigation any
thing inconsistent with the high feeling and unsul-
lied honour of the Defendant ; but he thought him-
self jnatitird in appealing to their Lordships.,. as
men and Gentlemen, whether with the motives
which Sir Francis Burdett had stated on his
oath were those which urinated him, he had
done any thing unworthy of an Englishman and

' As hawk amp. Wimtmtv doubts be woe
Alogertoill VC Olht rifilibefficer *okay 01 smisactuog
(he public feeling. swat io elltigets ..yist.'be oared it
Aft,itii 1144.0461 -Ireieletaniart AtitO.O.P•Genorot} to
cl"Iore Olt* 41511.4. IOPOt he-behaved hinnell
right in libel Alt MPl,44Drit. , TN* i.vmdaAtipo• orate
.now reeted,Witb 4.TPU,41. to discretion. Qa the
oUg hind 'bet lis4 PI, c , thf CPPLONomtd oar
jecta of tip . Dare,
...
_OP, the cothct hettd
4
what public. justiceplinte4. ire &A/periled to the
letter itself. and their ,iforgships would, t thqc
wes no ex pressiion of appreheiion of ike,cootAint of
(hose individuals, by evlicips the useeijog !t Nl. N. a.
cheater had been own:tided. Sir yianct, poi its
was too honourably proud it;'etate neititios to
prejudice of any indivithiala; neither wou)d-heilia
would nierely say that Sir Friticiallur&it's letter
pointed neither praise nor censure at the meeting,
hot the whole scope of it was the mode in Which
the meeting was put down. Considering that tli'e
letter was addressed by a Member of Parlianient to
his constituents. their Lordships would taut weigh
In nice scales . words and phrases, iii order to
impute nug,,,e,, which were improper for an
Englishman to feel. The letter did undeniably
point out to his constituents a fit object of 1
petitioning. There was joined to it some
allusion to Parliamentary Reform, and when their
Lordship, considered the illustrious names who bad
taken part ill that cause, though their Lordships
might totally dirappeove of it, they would still
think it might bendetresited by men of honour who
hired their country. There was else some allu-
sion to military force, and he pointed it out as a
poor dependence, and considered that a Government
so depending would be leaning Oil a frail said often
on a broken reed. Under these impressions the
Defendant had thought hioarelf called upon to phew
to the people of England that they need not look
to brute force, for a common feeling existed he-
tween them and persons of "fortune and charac-
ter in the country, It was a mistake, whiA
he had set right by his of its, iir lapitgiue
that he had called for acts of •tinnuft and
outrage. He took it for granted that when a gen-
tleman of England wrote to his conotituents to
come forward and petition for redress of a grievance,
he was doing nothing but what he had a right to
do. It was foolish, therefore, nay it was wore than
foolish, it was malignant to impute sedition. since '
petitioning was recognised by the Bill of Rights.
It had been Said by the wise Athenian Legislator.
an answer to the question, What government in the
world was best? " That in which every individoal
is ready to resist an injury to another as though it
were 'Wined to himself." No country in the world
illustrates that maxim like England. Nn wrong
could here be doe. .to an individual. however
humble, that did uot call forth the exertion? of
others to resent it. But such spectacles were ,fre-
queasily mistaken by those who had the admiui-
studio', of goveromeut, and considered is dan-
gerous: though he thought that whenever the time
arrived when such events as occurred at Man-
chester should he passed unobiterved, the day of
liberty would be closing, and after that the obedi-
ence of the people 'must be secured, not by
their love of justice or attachment to the laws,
bet by the sword. Sir Francis Burdett did
uot know at the time b. rote the letter, that
the Government approvetrof the "preeredinginai
Manchester, but be thought, sod still thinks, that
the approbation of the Government did not alai!,
alter the nature of those proceedings, or slimild:
modify the expressions its which his opinion was
stated. He could not know that the Government.
approvid, as the letter of Lord Sidmouth war pot
then published ; end at the time he put his seuti-..
aunts on paper, he could not know but the pro.
ceeding was the rash and unauthorised act of Wise
military commander. Their Lordships would con.
eider the motives which influenced. rod the per-
Dolor to who'll he wrote the letter. He was otitis-
fled, and he was sure that his Learned Friend (the
Attorney-General) was satisfied. that the unitive@
were those which Sir Francis Burdett had aimed on
his oath, and would coufine his comments to the
mode of expression, leaving untouched the sent'.
meats themselves. Their Lordships would coliai.
der that a man who wrote on the imprearion of the
moment, sod addressing his letter to a gentleman
of the law— .
Mr. Justice BUT—" That does not appear oa
the affidavits."
Mr. ScAuutirr said the individual was wall
known, and was a barrister. He had not ascent to
say that the Defendant had asked an opinion. all
he meant to urge was, thit he iisd allowed a person
who was iuddlerent, to judge if the letter were tit
fur a person of his high character to publish; and
bail be (Mr. Scarlet!) received it a fortnight after
1 the moo, though he might have altered au Gaper-
non or two, yet bad he received it at the moment.
. he should not have hesitated at publi.hiug it.. alt
was matter of history, that at the Weennimilee
Election the individual who principally figured st
' Manchester. had opposed Sir Francis Burden an
a manner that could have been pardoned only by
the uniguanimity of the Hoo. Baronet ; so that no
motives or intentiotis of that individual could have
any weight with their Lordships. The question
iv, " Was this act to be treated as a cowmen.
every-day occurrence ?" Their Lordebips might
think the employment of the military, if not sue
jediee. might become so, and that employment
might be justified ; but all he could soy was. that
no pseuds of justitioation had yet been stated. The
real object of the Defendant was to cause the pee.
pie to meet and petition fur a redress of that griev-
ant*, to ask for inquiry, and to shew the friends'
of the sufferer, and those who ourvived, that there
was a feel* of sympathy fur theta, without which
their calamity would have been still more bitter sod
grievous to be borne. Thee, were his objects, and if
ewer the day shouldnrrive when a person might be
called upootoanswor in a Court of Justice for them,
the glory of Eoglasid would be gone. fie knew that
in that 'Court the objects would not be blamed,
stud that the expressions only would be thought
improper ; lee sko knew that their Lordships
would uot think there expressions, coundering all
the circuntstauces, were ouch as to call fora vin-.
dictive punishment ; or to cast upon the Defendast.
any iguoniney (which he would venture to say, ie.,
deeds was pot in their LordahMs' power). ; !es revs.
rence for the law sod constitution pgimegto4 him
from that. The sentiments lie had exeseast4 were:
those in which he' had lived,' and it 'vris:pOw too.
late for him to change them. The Lesitned Coes."

sal concluded by staling, that his principal antes.
tips hint liera Ao .hew whet bad been the real two.
tire abich.lullueireed the honourable person now
'before' the.Celirt.` '' He would linw with deference
'hi' the senteike br theCoiirt, sod He (Mr. Smartt)
was assured it Would besot+ as would be Vatisfsc
tory not only to 'their Lordships, bat to all the
world.
)111r,. Scarlett tben sat down. During the whole
of -Via speech tire snort profound 'silence was ob-
served. He delivered it *lib a feeling and Impres-
siveness *Web Was calculated to produce, and did
produce, the west powerful effect.
Mr. DIPICIII followed on the same side, and
justified' the indignation which the Defendant had
cap d, by a reference to the narrative of a
transaction, as publiihed in the newspapers at the
time. He was satisfied, that as the persons con:
error(' in that outrage had nut been expiated in a
nisei before a prejudiced Jury, their Lordships
would hot sieutence the individual to a severe pu-
nishment for expressing those feelings too warmly
which it would he a libel on their Lordship, to sup-
pose they did not share in common with him.
Mr. PIIILLIrs, blr. BLAceettesi. sod Mr.
Evaiss, reels briefly addressed the Court on the
same side.
Th Arroatrair-Gensaat, rose and said, that
if it were possible he could indulge any persuoal
feeling toward* the Defendant on the floor, some
temptation was afforded him by the speeches
of the Learned Counsel who had addressed the Court.
But ins Leariied Frirnd (Mr. Searlett) who had
addressed the Court with eo much feeling and dis-
cretion, had done him no more than jostler in ac-
quitting him of any such sentiment.. The Learn-
ed Counsel proceeded to argue, that the innoc• icy
or the Defendant's motives was no apology for the
improper nature of the language. The longings.,
he contended, had an 'effect different from the mo-
tive now given to it by the Defendant.* affidavit.—
That was an offence for which he now, in the weer.
else of his duty, called for such judgment ar the
Court thought it merited.
The SoLICITOR-GBNIMAL said, the case had
been so fully brought before their Lordships, that
he would not occupy the time of the Court with
any observations upon it.
Their Lordships consulted together for about
I 'treaty minutes, during which time Sir Francis
Borden (having risen from the place which he had
Occupied on the attorney's bench) stood on the
1 Boor of the Court.
Mr. Justice BAYLIV then arldreesed the Dr.-
fendarit. His Lordship said, it was his painful
duty to pass ou him that sentence which, on a
1 calm consideration of the whole of the case, the
I Court collectively felt themselves called upon to
pass. His Lordship then noticed the difference of
opinion which had prevailed in the Court on a
technical point, and observed, that if • new trial
had been grouted upon it, there appeared sufficient
, evidence of • publication at Leicester. The De-
, .fendent had avowed himself to be the author and
publisher of the libel, and of the letter to Lord Sid-
, 'fteufli. In'ordei to form a judgment of the chit-
Meter of the offerer, it was proper. to refer to the
shale of she pothlie.unisd, which was at the time in a
Sate 4 high excitement. The libel treated pf facts
Which the Defendant himself was personally ipso.
reit)t of iccerifing to the statement irefhe -news-
pepers (iii one of them particularly) the relation
'was ealcolated to excite the public mind, bemuse
it Mated that useless violence bad been used, sod
•Ime,..eatild blame no man who had felt his mind
rmimed on the subject. He could form no judg.
anent of the truth of those facts but from the me.
-tire of them (in a country like this, in which the
poor as well as the rich ere entitled to equal pro-
-section from the laws, arid in which every outrage
on the lowest individual raises a spirit of indigos-
tion in every one's mind) ; that statement was cal-
culated, end did raise a strong excitement in the
public mind. In that state the Defendant's letter
was written, and it appeared to him wrong, es being
calculated to increase that excitement, and to raise
a prejudice against persons liable to. be tried and
punished, if the facts detailed were true ; and the
letter also directed that excitement against the
builds of the Government of tire country, as if the
evil bad originated through their means. if it were
11,04 that the military had dashed fa among the
multitude and cut right and left, and some had in
consequence met their death, no recessity being
sheen to exist, every person concerned would be
liable to answer it as for an offence only short of
the highest known to the laws of the country. It
was to the praise of England that every man met
his trial with the public mind unprejudiced. The
libel appeared to him to have the tendency to take
' away from persons the benefit of that impartial
trial; 'but of that he boron, other min could form
• judgment till the matter was regularly brought
forward in a court of law. But the libel also op-
, peered calculated to excite a Aron expression
against the Government of the country, as if the
''aß were thitio'brthim. '-The passage its the letter,
" This then is the snorer of the boroughuthogers
to the Petitions of the people," led the mind to
consider to whom Petitions were addressed; that
is, to the Ding, Lords, and Commons, and that as
the answer of them to whom the Petitious were ad-
dressed. The Court had reed the affidavits put in, and
it had its weight ; indeed it appeared from the in-
ointment itself that it was written in haste, whilst
the Defendant was on a journey. and on she day
fullowiug his arrival at his house in the country that
unfortunate letter appeared.' The Defendant's own
of explained his motive end feelings. If •
man's motives were bad, that was an aggravation of ,
the offence; if good, a man's own feelings must be
goatifying ; but whatever might be the motives, the
Court were bound to look at the natural tendency
of the letter, end if it were eakirlated to diminish
that right which eves, man had to .a foir•trial for
his life, sod if also it had a natural -tendency to
excite a feeling against the Government of the
country, as if the Government were blamable, the
innocency of the motive. though it might mitigate
pituisbineat, could mot take away the obligation
under which the Court lay to put a stop to publi-
estates whew tendeacy was injurious. On cousi-
denim the whole of the Oise. the Court ordered and
'adjudged .for that offence, that the Defendant, do
. pity a ilot to the Kin .of 2,0001., and be jowl-
wirieo in the custody of the Marshal of the Mar-
s llea of the Court of' ling's Bench for three
of
fro
taintop icateaths, and
ce i
further p
rtiieiro tutollaithecedli Sir
n
thivet
s belaraisciiii. •

Burdett booed Ihe 'Court and withdrew/ accom-
panied by the Gentletueu who attended him on bia
entrance.,
• • 1,4i.r.,n
PURER* .AVCIIII4LISIM CB.
•-•+,«Laimmisham424.,

• MOVAl!!"ricrili4s-
r•mk FEBRUARY 5.
M. Belled, tlae Procureur-Genetal, h..d a pa..
rale audience of the Kissar at two o'clock she tiny
before yesterday. This Magistrate remained an
hour and a luilf 'tido Ins Mitjeaty.
A regulation of Polices relatiite to the Pale of
powder and artificial fireavorka, liar been posted up
to the streets of Paris.
VIENNA, JANUARY 21.
Letters from Laybach state that the Doke J.,
Gallo has at length received permission to renew
from Gaoled to I.sylarch, trod that lie has etassalapai
at severall coisferennes, disk he sway b. roi.iii,ead
the noaalimity of the Northern 1)04 eta ',jilt t,•••
sreot to Naples, and afterwards- carry at. tiltantatifrt
to Naples.
As to the period of the advance of the army, it as
yet :appears uncertain. A great many movemealii.
howev,r, have been' lately übaeived among that
Austrh.it troops in Italy.

BERLIN, JANUARY 27.
It is said that in pursuance of the ',soutanes'
of the Allied Monarchs. the Kill will not go
to Laybacto, bat in the event of his presence being
considered necessary to sign the final Act of the
Conferences. It to impassible to foresee how long
the conferences of Laybach say last.

CADIZ. JANUARY 2&.
The tribunal of the National COil I su.ate o.* _um-
merce in this place has convoked for to-day •w-
-irersl meeting of the Members of its own body, tit
order to deliberate oir the evils under which com-
merce labours. and to discuss the means of remedy-
tog them ; to propose to the Cover sssss era such cm
appear most calculated to remove the evils in ques-
tion ; and to prepare a representation to be ad-
dressed to the Cortes on many important iderta con-
ducive to the same salutary end.

SAUCRLOttA, JANUARY IS.
The Poliiical Chief, President_ of the National
Board of Commerce, boa communicated a dispatch
from the Captain-General of Carthagena, stating
that the hilgantine Jason had sailed for the priO-
tection of the coasting trade, against the snacks of
the insurgent privateers which were cruising 41
those seas.
♦ALNNCIA, JANE/AIM 40.
Den Ar.t. Riguer, commanding the division of
Gaardu vitas of this province, has retuned, briog-
itig in an in•twgent privateer, with 31 men, most of
them wounded, which lie boarded off (andi* in the
night of the 17th. The Captain sod all his officers.
and about 10 men, perished in the action. Riguer
had only two wounded, and none killed, he having
taken the precaution to make his men put on while
shirts over their clothes, to distinguish each other
from the enemy in the confusion and obscurity of
the night.
Riguer liberated a brigantine, to which the pirate
give chase the evening before the rapture. Be-
't*ten the Straits and the neighbourhood it bad

MADRID, JANUAItir 44.
A representation to the King, in favour of the
Mioister., has been signed to-day by a great nuts.
her of persons.
We have purposely refrained, for some days, from
speaking of the partisan named Abaelo, who on
oue hand excites contempt, and on the other ex.
cites partly fear, partly culpable hopes. We did not
mean to speak of it till we could announce that his
miserable attempt had been suppressed at its very
birth : but as this affair begins to assume more jai-
. portents, we think it our duty to say what we k►►ow
of it. .The cavalry which was at Chinchon, and a
battalion of Seville which was at Toledo, have re-
ceived orders to march in pursuit of the troop com-
manded by that ancient partisan; aad &boat 70
busmen of the national militia of the city .lave
gooe out for the same purpose. It is impossible
that this rash adventurer can resist for many days
such a force. since, according to the accounts, his
force at the highest is not supposed to be above
30 men. He is said to be its the environs uf Salem.
his nati►e country:

DUTCH PAPERS.
Jidißaalr 25.
Our Papers have hitherto said napping of the
indisposition of the King, nor of say thing that
can throw any light on his Majesty's resohitten to
repair or oot to the Conferences at Laytrach.
HAMBURGN, JANUARY 25.

•Accerding to accounts from St.. Petersburg!). the
Emperor has addressed au I;kase to the Senate,
by which the transit trade between Odessa and
the kingdom of Poland is to he permitted
on the • same footing as between Odes**, Mot.
Wallaritis, sad Austria.

In tha year LBlB there were bora in the whole Ras-
sian empire, in the parishes of the Greek ►eligiou,
1,431,448 children-67,158 fewer than in the year
1817. The number of deaths war 873,007-.heisig
46.446 more than in the year 1817. Among.
the deaths of the male sex, there wear.
_679
parsons above 100 years of age, 219 above 105.
116 above 110. 66 above 126, and .6 above 130 ;
one attained the age of 140. sod one t4es; twat ..r
145. The number of marriages we 3sks9g, bring
3,070 fewer than in 1817.
• rearauci, J• 141.14 V
• For same time pest large quantities srl i)e !MVO
arrived here front Germany, which is conve)cu
Brand:all, and thence rent by water to the notili
of Italy. '''*-"" •
CASSEL, JAM/ UT 21.
His Royal Highness the Duke ol• Cambridge ar-
rived here yesterday evening from Hanove.r, on a
visit to the Laiulgrave Frederick.

SOUTH AMERICA.

PRILADELPHIA. J•111/AIIT 11.
Extract of a letter from Lieut. Unties Gavial.
to John L. Salver, Bag. at .PliihticiplOmb date)
U. S. Frigate Ilsecntoirian,
Day of Callao, Oetober"fl, ISt&
" Vag to eestainly 111 a Imo lobar yam way receive of we
from the Pacillie. opporteeily h sotrielkie sore
so your base ha ate &la, lief 1 maid arboreal**. iaa.

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