The National Register.
London, England, 1811-03-31 00:00:00

NATIONAL REOTSTER.

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IM

• ,«n•••'aps•!,,;.

.111, ••••• • •

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General flisei. said, the Hotta Gentleiiiii Who preceded
hint might have added to their eulogiuins that Gerieral Graham
.was the securer of Malta, and the friend of the valiaut and
amiable Abercrombie. To the excelletit appointments of the
late Commander in Chief we owed • half the success of our
arms, and the other part to that general and ent:trprising soul
which wa,rmed and moved them all. - Of the character of Geri.
Graham he had the highest opinion, and had that-Poet now to
write, that " The age of chivalry is gone, neekled only to
be acquainted with General Graham to make hinbrenounce his
opinion.
General Feacussom spoke to the same purport of amiable
testimony to his character as a private Gentleman, and of his
ability as an Officer.
Lord CA 31'L I.:REACH was not personally acquainted with.
General Graham, yet he felt personal pleasure in his heroic ac-
tons. He acknowledged the splendour of his present achieve-
ments, and exulted, as a soldier would, when he heard that his
countrymen had furnished another victory for the triumphs of
the country. In executing the military wish of the gallant Ge-
ueral Moore, the late Commander in Chief performed a-Most
gratifying duty both to the dying soldier's request and to the
prosperity of the country. • He felt strongly the deservings •of
General Gr.:ham, and joined inthe present motion most heartily
and cordi.l;ly.
,Vlr. 171tEk.NIANTLr. joined in the Address of Thanks, and
said he had some remarks to make on the subject of the War in
Spain, which he would keep to a future time. .
General T.: eLF. FON supported the motion.
Mr. FLI LL r wis!ied they had such motions to agree to'
every day. He was proud of the o3ibrtunity to ray how mush •
he admired the late Commander in Chief; he hoped that.hd
would be speedily restored.—(llegr, hear,' hear
Thanks were
.then voted to Brigadier-General 'likes, and the
other Officers serving under General 'Graham, and the Non-
conanissioned Ofilcers and Frivafes, who had cbritributed their
quota to the success of his Majesty's-ani s.

INFORMATIONS EIC-OFFICIO.
Lord Fotx.s-roNe rose to his promised motion, relative

lake.
fo informations, filed ex-olticio,...l?y the Attorney-General, dur-
irg the last ten years. • Tlie grottuu on Whiclate made this mo-
tion was, tbegreat increase .which had taken place, in presecom
Bevis. within the last ten years, cortniared to what they had been
fn former periods. 'Within a si)ace of thirty years hefOre that
time, .ette ntanbf..r of prosecutions anaocr.ted to 7Q. Flom 1800
to :1806, the ttiformatton,s aanotttited.to t 4.. -ln 1507, th;. re. Were
none. • 13thsince then there were riled, by.thei prqent Attorney-
detierdli no hiss than 4:21..—1n the course of a la . to trial: ft)? a
libel in Tsc Ait newspaper, it had •;:ppeart:d. from an flida-
iit, -sworn b One of the persons convicted,
,that it i,vas the
trinFiple of c conduttet of a newspaper. to:peu, rather than
I
4ad the public opinion. It night be tben Emit iiireirkd, th:it
the nuttier:l4s, prosecutions which h.ca 0. late' tslceii.plice for li
bils,,bad been directed against Persons who..-.:e sole guilt had
been tie givirig utterance to stlie.t>tyular nuiions of the dines, in
;wil; they iived. it woukl appear, then,th,it it was' [lie ex-
tires
'dn.& lite Penj;4o_ftlicontent .tkillich 4ad Caned for such and free :ens itilfreziens by. t%e hitrid .6f pril,4er; and if
auCh.disContepta were acknoWtedged to eittir (and' he • tEd not
see liiivirthe agnissitnreOUH•be iffdklEa); it lkehOved the tiOitee
t„o explore .its sources with alfjoesiibie .I:retie:nits and assidliity.-to.
Thelaincrpf#o4 pigib,iy Would be t4iti of little avail dealriii• the
tiraccir4tEelia-ot; but Abe laty 11:4ifenteid the criminal iitinund.
With forriai; and aditintites • of ever* kind Were Winded liirhy
ittehWtrifthi.&l2hlsi hhn tn. relv.ti4th* safety bli-bh inntoCerice,
if he Iliad the good W4iriF to ptis3it4 it. Time Noble lierd then.
adverted-, to the .isevitgliy witir•viliich 'the laW Was -ariiiiihistritt,d
in caa-ei of •libel ; inany Zoitvietetl fizions wike..l)ol/fslle4 orilY.
with -Shan iihprisott*pt,; but "rprfons foetid gallty of libels
.vere•sent to -cfiltant E_.,)_slsl__ to the-ritter iiiitr•of their -huaineasi
kliatx lately ti apt Winchester Assizes 'f'or a most brtital.
4..,„.1t111", with' iinter.t to cotritiir a refill; was '-e:ritenct'd to two
yeat'irtniprisorntrunt., but a'
.i.yriter ivllo.sluald displease theGo•
vernrifeutWai4nnish6d Witi ienfght more Severity tbvti 'tire
most, atrociolo cfratact.a. in 'ae-cfsty, 1314'111.e bar"diifilpi uf a 40.-
kndate..did not end lere, fOt tfige'‘vas a ireat:Ymckrtaintyin
the law ortilie subject i' Lora Fitenitigrotgfi 4id.it-4oivn in. tifi -
f ~.11 of Cob:Sett,. that -e.r4ere thellielirlis-nf any. persOn trial:ll4
Lae hurt, there the libel eoliimenii4; bit lb el% ot/c %Le riL lien- •
. , . 4 ,
Vitt.* i WI. xfoi '. and
'insult the feelings
lastone.then ad..'
lapers, WhiCh tie • '
. those pUtashA
aocecuted; it *;:ti•
a only for thet:crr-
inierit.- Tiiiii...w4s •
by the MitiStry:
it
rfotierruktitit

...."

L)

all who wrote libels, or-against nestle. The Noble Ldrci con
eluded a speech of two hours, with moving for accounts of all
prosecutions by informations ex-efficio filed since the Ist of Ja-
nuary, 1801, together with the" proceedings had on each.
The ATTORNEY-GENFR4L rose and said, many of the topics.
which the Noble Lord had. thought proper to indulge lame!lf in
descanting, upon, were directed against the laws themselves p
which he ;might, in his own place, propose to reform, bue which
had, in truth, no connexion with his personal conduct as to ap-
ed° informations.—(licar !)—Something had been insinuated
as to an undue exertion of the influence of the Crown :—now,
he would deny the Noble Lord, he would defy any other than,
that the influence of the Crown had been exerted against such
offenders. Prosecutions of the kind were, perhaps, more fairly
conducted than in other cases ; for was there ever wanting abi-
lity, or propertygor zeal, to detect and.expose the misconduct of
an Attorney-General ?—(Floc r .9—Did. there exist the official
character whose conduct was more scrupulously examined—
allowance being scarcely made for human infirmities—than the
Attorney-General ? Fie would defy proof of having filed any
information for a libel after one term from the time at which he'
was apprised of it. Other kinds of cffences had called for dif-
feaent kinds of treatment. Complaint was now of the want or
the power of -prayinr, for tales, in cases of libel ; yet this defect,
the Noble Lord ought to have known, was constitutional, and.
utterly out of his power to supply. The Special Jurors are taken
from the Freeholders' book. The Master of the Crown-Office
will suffer no person to fix on a particular part of the book.
From pages promiscuously opened without intention, he takes
48 names. A list of these is given to each party ; each party
strikes off a portion till they are reduced to 24. The 21 are de-
livered to the Master of the Crown-Office, out of which 12 are
drawn to tie the information. A more impartial course could
not be -devised. The Noble Lord had complained of sentences
recently pronounced as severe beyond measure; but the judg-.
meats delivered in the time of that upright and learned Judge,
Lord Holt, for the same offence, so far from being more lenient,
were more calculated to prevent a repetition of the offence, as
far as greater severity could operate ; and this he challenged his
Lordship to controvert. As a public officer, he (the Attorney-
Gen.) would have neglected his duty, if he had not increased the
prosecutions, is offences multiplied. The Noble Lord had
stated, that there had been forty-two prosecutions for libel since
he (the Attorney-General) had been in office. •It wasematerial,,
hOwever, CO 'fate, that forty-two was. the number of individuals
impliCated. Of publicationl or extracts prosecuted as libels,
• they were but eighteen; ten of these ha I been prosecuted to
tOnvic. km; or suffered judgment by defy ilt ; three defendants
had inserted apologies; four ififormations, for reasons detailed
by-. the Learned Gentleman, had been -leniently suspended or
dre§opedi -and the prosecution against Collier was proceeding to
trial. Tie trusted the House would think that there was nO
gniund to interpose.
Sir FRANCIS BURORTT denied the legality of ex-officio
mationsi *Maintained that 'the term libel W-as intended fot the
ROrriati imperial law, at a very modern era; and, though he a.l-
- as much injury niight be done iiyith a pen as with a dug,
itt-r, he' was not ;prepared to agree, that banks, or libels, were
trapyily Subjects of prosecution amt. punishment. The Hon.
-hatchet then traced &Cat .Part of the grounds•Whteli had been
• inlet' by Loi&Fdlksastone, none of whose arguments, he thought,
had ben answered.
Mr. STEiri.:IIS vindicated the legality of m•-aSicio information.
He gate:lie' Baronet:credit when•he stated his doubts as
to titetititirti, -of presectve64.for libel's. •
Mr. 'PE ritt • MooRE 'thought that the argninent't.frged by
Lord Folk estoith liad rotiteOn ittisvireted.
SP .:6, ROM-ILLY' that the speeCh• of the Noble Lord
(Folkestone) had been Met by .a statement altogether hiconsist-
diat—fifeor ! ).-.-in4l.tliat the House, which had no data to de4
aide, ought to astenttO the motierj.
Mr. Etil,OT:pplioted ' • •
Ur: though i tlifita gond do' of vigilance was ne•
ces-sary., lite, pre#iit state of tte-Pfess; but 'Could not approve
of he "%••• r
Lord y- kw:as-mkt replied, When Strangers were ordered t 9
istithdra . • A divisio•themtnoii
• The numbers Were—for the Motion 36, against it 118; major.
agaii;st Lto.Ftilkestono'S motion 12.—Adjourned.

• 4f

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0ime..4....•

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.. ~ iti,114411:7 MARCH 29.
..
. -
a
. ..
Mr. Bilkin prescntect 'Petition from Upper Holloway ti •
fai{our of ibeirif,Ndtp "iechway Bill,
.MA.11111..11,1 iLtisnpre.:••
.isented; another uputi•the '4ll3e' -.l'.ibles-t.-frimic Iccontitt,ro'irry.....:
-LSI-dere-4%0. lie Ow the ItafT.e.; - ' •• - • .
: A Psisitnear
from pleieated•rip Necatint of BaalC.:
-notes .i.i*nlation; off iarto6s tiihdlc,sl,n'(ie tlrttidri
_71.91. ftlii
...-i-eiril• Purrs idt:ti.itkelelit9a from tin: iiitli4-14fiie...4idpil • •
it.

* _differ( rt tanguage 'in the' trio ",)f Cakr 14000
• ;•iood, for there he held it to I'l,? 4,40 libel tolls
of an author by criticising his ‘ybrl.z. Lord Folk
vetted to the Morning post and Courier Newsp
.., kid often contained libels ninclr Stionr,er than I
I. Os. A, ti the Attornev-Generalvhut *ere never pros,
10. k ...
..
R fore evident that thoovivr vas exereisva o
o''' '''''.:4-------..- , .1....1 upnprtipg ineutuce fur fhe Govegilni4
• sr
~, . ;. it ,14.
t • , t,±x., 'cc e efr tpte system' bl:to ey et this tip* 1.),
t • - ..ITAT, -- ... 4 ccog, tp.0.44411 ' "GetfrOfirfll44
1• - _-• • ,:e-4, - , • - - "-• • -
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. t\ . - -......-- , , • 4...,
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5..........;.,..
rag-1- 1.

•

STAMFORD CAN.
Sir JAMES GRAHAM moved the
ford Canal Bill.

Mr. Tuompsom opposed the Dili,
being ruinous to the Landholders
sible service to any party. He
that the Bill should be read a second
After some words. from Mr. ;.'L
Ellison, Mr. Chapman, Mr. Lamb,
divided, when there appeared, for
it, 37 ; majority, 59.
A message was sent from the Lords agreeing to ele Erche.
quer Funding Bill, the Military Commis,i.iners 3ill, and several
other Bills.

HORSHAM, MAsken 26.
The Rcwend 4obert 4inii4sng was arraigned ontwo India.
ments.
FtasT Tal.steeeThe first indictment charged him with send.
ing, to Mr. Ilichard Jenner, the following anonymous letter.
" FIRE ! MURDER I AND REVENGE!
" Fifty of us are daartly'd to keep our lands or have revenge.—.
"Therefore Pasrt Churchwards and Partners your barns and.
"houses shall burn if you' take our landa, your lives. two shall
" pay--Your sheep we will eat-,--YoUr oxen we can name, and
" DI
z c you shill be shneAcci as you return home froni the Market
"or fair. We are united and swiardto stand by one another
" 50 gctal fellows."
To
.this r e pleated-. Not guilty.
The leading counsel fur the prosecution lamented his painful
duty. The Gentleman at the bar was a clergyman of (he estab-
lished church, apd, as a Minister of the Gospel, vested with a
sacred character which forbids even the contemplation of crimes,
much more' their commission. The proaechtor, the Moment he
satv the letter, said, that from the hand-writing, it was Mr.
Bingham's ; but when he had seen the contents, he said he was
sure his friend would nut write such a letter. Subsequent occur,
rences revived:the prosecutor's suspicion. Mr. Bingham's house
was burnt doWn ; and himself was seen burying something in
the garden, which, on search, proved to be papers, many of
which had the same water-mark as the incendiary letter.
The flrst witness, John Jenner, said, that he had been to
school to the prisoner who was Clergyman of Maresfield, and
had taught him to write. lie and his brother were at church on
16th last December. I lis brother and a cousin returned hume
with him. Mr. B. overtook them on horseback, and jockingly
said he would ride over them, After Mr. B. had got by, he
saw a leiter dropping to the ground. Mr. Is. was Cli,tallt about
six rods. lie thought it came from Mr. B. but was not sure.—
It was wavering in the air before it reacLed the groued. He saw
a man and,woman and two children on the road Mo. e Mr. B.
came up. Witness picked up the letter. Mr. 13.- rode on, bit t
looked back vyry much.. As soon as he up the letter, 14
said to his cousin; he thought it was ;11r. Is's. band-writing ; hif
cousin said, he thought it was nut, Witness; went next mortal
tu get a Christmas-piece from Mr. B. Mr. B. said" you lot
~ a pretty letter yesterday, did you not,alohni Witnes,s replle
46 yes."
Cross-examined.--His mother-had shown this letter to Mrs.
B. on Sundae evening: Had not been at sehobl with Mr. B.
for a year before ; but his cousin, who thought it was not Mr.
B's hand-writing, then continued at his school.
John Jenner, aged 11, cousin of preceding witness, gave
evi-
dence to the same effect.
Thomas I3ates, and Martin Howth, had passed on the 16th of
December, along the sane road, about the Same time, without
seeing any letter.
Sarah Jenner, wife of Mr. Richard Jenner said, that when
her sop John gave her the letter produced,- the wafer was nut
quite dry. She, observed, on reading it, that she supposed sonata
of the foresters had chopped it. When her husband returned
front London, she rave it Win.
1-Ir. Richard Jenner, occupied the dairy thrill at Maresfield.—
Is called by his fAinifiarfriendS" Dick". Hos been intimate with
Mr. B. four or five years. In the hand-writing of, the letters
there appears to he a little attempt at disguise. Mr. B. always
contracted witnes's name Richard to" R." and is the same in the
letter. Our I:inits forbid a fell statement of the evidence; which
was in great part a repetition of the statement of the cOnnsel.--t
Rich.,rd Hill, J. Knipe, farmers, J. Maynard, alauakeeper; Mr.
Turner; an attorney, Mr. Attlee, and Mr. Susan, believed the
letter to be the prisoner's band-writing. This closed the case
fur the prosecution. .
Mr. Bingham read a written defence,cominentlng on the im+
probability of the evidence. •
Mr. John Reed, stationer, Bow-lane, Watling-street, the first
witness for the defence had served Hobbs at Norwich, within
three miles of Marestield, with. a great deal of Evan's paper,
which bore the water-mark in question.
Win. Cramp, kaper of the Howe of Correction, Lewes, said
that on the 12th of Jan. last, Mr. R. Jenner called upon hint,'l,f
observed, he s;ipposed witness had heard of the letter. Wit--. Ili
replied; he had.- Mr. Jenner then expressed a Wish to 1;1c 0
A

° THE NATIONAL .RE CI ASTER •
_ •
it NAL BILL. and concluded by declaring his firm intention to persevere iri
e second reading of the Stamm- isis motion. - Lord Coke, with the attachment of an enthuslist,
and almost of a to the l:-v, had said of the criryinal code,'
ill, upon the principle of its that it appeared to have been framed ,rai;her td, loltpilb, than
of tike County, and of no pos- prevent ertme.(Hear .1/—The'lloitse t'hipdivWeii-TAyetcrime.-(Hear
then moved an amendment, Noes 59,Maj9tity for the second realling,;?B.
ind time this day six months. Weathen order 4 to be committed.-7,4ojogn.td?
Aaddoz, Sir .1 Graham, Mr.
sommwrismsmommi.i.A.l7.
b, and Mr. Adarp. the Utilise
the Amendment 96 ; against SPRING ASSIZES.