The National Register.
London, England, 1819-11-22 00:00:00

FIC111101:6 DAIL

The SOLICITOR-GENCKAL moved for a role to. show
taint. why Richard Smith, ha attorney of the Court,
should nut be called spout to answer all mattes. coalmine,'
in the adidnvits of which lie should state the particulars.
This motion originated in an action commenced sit Naftali-
ham, in which a person of the came of I and others
were plaintiffs, and a permit of the name of „Bliss del W-
ant, and afterwards removed by ceitiontri Imo the Ring's
Beach. Bail was put in in the nutueitof Ann Asthy,
Rowe, and John Wheatley. It was opposed on the ground
that W Iseatley was a cleric to Sinai., the ticlestd.mt's attor-
ney. An adidavit was then exhibited, dt 1iy111,4 thatWhtat.
ley was clerk. to Sandi, and decl.isiti4 that he was a lace-
maker, resident iu the loon of Nottinhani. 'This :Ada% It
purpui led to be sworn to by Smi h and others. lie Wit.
Solicitor-General) was non furuishrd who au affidavit,
deputed to by 11 heatley himself, setting forth that he had
lost been in N °Wuhan' at the time the had was supposed to
he given there, hut absent mu butinett fur Smith ; and that
he n as hot a lace•maker, hut a I Jerk to Smith.
The LORD (*User JUsTICE.— You say ticsi Satith him-
self joined in the affidavit w Int h reptisented Wheatley to
be a lace-makei, uud nut hot t :eat
The SOLICITUR-CiaN ERA my Lnrd.
The Loan l.niet, Jcsricr.—Tree only doubt we enter-
tain sr, whither goat ntti.tit is rigidly framed. Your ath-
day its accuse the man of a clinic, and sou tall On ISM to
answer Wan—that I. to say, whether be us godly or not
guilty of a crime. You should Isaac moved for a rule to
show cause ally he should not he struck off the roll of at-
toriaies.

The SoLimon GEN ca A L said, he hod intended to follow
it up by a motion of that kind, but world be guided by their
Lordships opinion.—The rule was then taken io the form
tweeted by the Court.
TurunAY Nov. !G.
TILL* KIM: V. CARLILE.

The Attorstry-iic;i;ralp;;;ed;;—judgment of the
Court on the defendant, Richard larlile, who had been
convicted of a blasphemous publication at the last Nisi
Pries sittings in the city of laindou.
An aid:tett was past in relative to the minstrel and price
of the copies which had been sold.
The Lurd ChielJustice read his notes of the trial, in
which he cautiously abstained from repeating the blasplic-
-1110/15 matter contained in the !Wel.

Mr. Denman then rose and observed, that it was not his
ulijrct in now addressing the Court, to oiler any thing in
the way of extenuating that offense of which the tietrn-
data had been convicted, ur fur the purpose of mitigatitte
that punishment which the Court might think proper to
indict. His mutton un this occasion should be iu arrest
of judgment-
The learned Comm" mainly rested his motion OR the
ground that as there was a specific 4i:date for the punish-
ment of blasphemy, the defendant might to have been
tried tinder that statute, and nut as for an otieuce at com-
mon law, but
_

The Lind Chief Justice immediately pronounced his
opinion-- that the statute 'elem.(' to did not take away Ilse
common law. Its title was, '• fur the more effectual pte-
venting oridasplion,," His Luidsliip here lead the act,
and observed that it specified peculiar disabilnies, sese-
rid Of Mere or vet), considerable severity. The
general rule was, that no tuiNdemeanor, at common law,
could be repeated, except by the ellejl- intention and ex-
plebs words of the Legislatme, iii which the other three
Judges entirely concurred.
The Lot d Chief Justice then read his non-* of the %peons'
trial, for publishing " Palmer's Ytiuctplcs of Netilllt';
after which

• The defendant rose, and began by observing, that he
had little to offer in mitigation of punislimeut, but would
make some remarks to show why no punislim..nt should
e inflicted on him. lie should, however, make no refer-
ence to the book, which had been the subject of this pro-
secution—a prosecution which would hereafter be tonal-
derail as unwarrantable, but which, from its good effects
upon the pe,•pie of the country, would still be viewed as a
fortunate uccuirence. It had excited a spirit of fire dis-
cussion, and cal;ed the reasoning powers of men into ears--
610 E. It would hereafter be regarded as casting a stain
and blot on those ttiouuals beture which it Mid been
conducted,

Mr. Carlile proceeded at great length, denying the
rigid to punish him for Ins °pintail on strh a subjeet, and
trimming those cifensive observations on the Sciiptuies
attic:lom Indulged_in (Julius his Iris!, and which, us ue
1.11 it our ditty to society to suppress in the tit st instance,
or 4141 nut nosy recent,.

Atter he had concluded the Atturnel-Geaeral aud Mr
Gat my ►poky in Aggravation 01 pitu.latureut:
Their Loithidit, !nett cunpalted together for a /Atoll
time, of it

Mr. Justice BAYLEY, addressing the defendant, observed,
alai it was now his painful duty to pass upon him the sentence to

Nov. QC

en
thwoerkts.‘uront.oriiirites ifrurird beccitheir blai7licteten2iyf,°-!C-ettealas.:r.rulti:lelliiraeasd-ettnii:;,:syntr-otrcory,
tth
un-
dermine
the religious faith of the country,
hope of a future state which was founded upon it. It hail with
justice been 01)::CITC.1. that this prosecution was conducted fur a
utak, not as against God, but as cgainst man. '1 lie crime of
blasphemy was one et* the most serious eflences known to our
law. That law allowed a free toleration to all. It imposed a
religious creed upon no man, but left him to wor,ltip his Creator
in that way which most accorded with the dictates of his 01//tI
conscience. The courts of justice coLlil not interfere with any
doctrines which he confined to his emit breast, fur the truth of
which he discusetal with calmness and reason ; but he could •not
be permitted rashly to unsettle the faith of others. The public
were protected from such attempta-direeted against the very frame
of society. If he tCarliley had succeeded-to the extent of' his en.
tleavours what might have been the cflects upon society ? and
how much might not he have had to answer for at another tribu.
cal ? Neither of these corks was originally his (the defendant's)
own; but, (he was ;mud to say, for the credit of his kingdom,
were the productions of another country. One had been already
twice under public discussion in a court of justice, and was cer-
tainly not written in a spirit of temperate inquiry. On the
contrary, it grossly traduced a moral and religious code, from the
belief and practice of which mankind derived the most exten-
sive advantages. Let any one calmly contemplate the doctrines
of Christianity, let him examine the mildness of its principles
and purity of its morals, and he thought it impossible that, in
the fair-exereise of Isis reason, he should not be induced to ad-
mire and adopt it. Every principle it contained tended to benefit
society ; it said' " Love your neighbour as yourself," .. Do
unto others us you would they should do unto you;" and on the
observance of these moral and social virtues, it built the asttur.
noes of eternal rewards. The force and sanction of oaths were
derived from religion, and upon their inviolability depended me
safety of all those institutions under which we enjoyed happiness
and freedom. The King himself took an oath which bound him
to a certain line of conduct, which formed his title to the obe-
dience of his subjects. How else could property be secured or
crimes punished, but for the sacred influence of oaths over wit-
nesses and juries ? The administration c f justice must stand or
fall with the respect in which they (oaths) were held. The same
benefit is extended to the public by the owls which persons in
his (the Judge's) capacity took when they entered upon their
functions, and lie hoped the country would long continue to
enjoy it. It was strange that the defendant should conceive he
was bcnefttting mankind by removing the securities and obliga-
tions by which their conduct was regulated. With regard to the
subject of intention, it was doubtless their duty to inquire into
it; but God only was acquainted with the inward mail; and the
pewee of human tribunals could go no further to ascertain it,
than by judging of his actions, and the effects produced by them:
The defendant had likewise adverted to the proper object of al.
punishments. These were intended not only the the reform and
correction of a particular offence, but by example to deter others
from offending. In the present case, it was sufficiently manifest,
that a great profit had been derived flaw.: this pubLeation, and
t hat although sot in a very extensive bus news, the defendant had
sold 3.o(gt copies in less than a year. If a sordid motive were
apparent, it should have the same influence upon others to dis-
appoint and deter them. Notwithstanding the obstinacy which
had been !nand', sted throughout by the defendant, he had enjoyed
the benefit of thee most patient hearing eart had ever done honor
to a cuurt of justice. For the sake of the people at large, the
bulk of whom had not leisure fitly to estintine those sacred
doctrines which had been reviled, the Caner felt themselves bound
to award a severe punishment. Perhaps the defendant himself
might have been disauatied from pursuing the course he hail
adopted, had he previously and carefully pentsed the works of
Addison. Some Jennings, and I.onl I.yttleton, whom he had
mentioned because they were laymen, and had considered the
evidenac of cool rcii nin difKrent points of view. His Lord•
ship ennelmled by noticing the sentence in the•e words :
.* The sentence of e Court upon you, Ilichanl Cadge, is, that
for the first often f which, oo have been found guilty, the
publication of P es di edson, you pay a hoe to the
X in., of 1,00101.. 1 :,
i
1 for two years in the county
gatil.sof Ihnset, ...Dorchester; and 'that for the
second offence. t . i: . 'obrirr's l'rineipies of Na-
lure,
ing of 5001.; and he further
you pay a fort 7 -
imprisoned for one ; -
,i gaol of Dorchester. Arid
you be further impels, . - tines are paid, ;and also
you give security, you _
.. 'us of 1,00(1!., and two other'
in the sum of tool. e .ti be of the peace and good be.
havinur for the term or • ..*":', tura! life."
. Carlile bowed, and wee • n conducted out of Coart. On lila
way through Westminster-hall, where a number of idle fellows,
of apparently the lowest order, had collected, he was greeted
with a mixture of Mitres and hisses.

The Court was thronged to excess from an early hour.
PROCEEDING- AT MANCHESTER.

Mf. Miff MAN moved for a fill! to chew cause Wily a cri-
minal information should not be filed against John *Arthur
Borten, esq. one of the Justices of the Peace in and for
the county palatine of Lancaster, for having, for fear, fr
your, or atfeetion, refused to hear and examine certain
witnesses, tendered In hint to give evidence touching and
coacerning a certain felony alleged to have been commit-
ted within the said canary of Lancaster t and for having
refnstd, er neglected to grant, a warrant fur the appre-
hension of the person so then and there charged with such
felony as aforesaid. The motion, he obsersed,was founded
on the affidavit of Charles Pearson, gentleman, attorney,
supported by those of two other persons; one named
Richardson, who had been wounded at itlaneliester : and
the other,. K. Slimmer, who had witnessed the transaction.
The affidavit stated, that on the itith of October, the first
deponent attended at Warrington, as here the said John
Arthur Boreal', Esq. acted as Justice of the Peace: that
he there stated the deposition of Rirliardeon, which was
to this effect : —That on the 16th of August, the deponent
(Richardson) was walking quietly 111101411 a certain street
in Manchester, when he was met and attacked by —,
( the name of the person charged is-ss not given), a mem-
ber of the Yeomanry Cavell)! of Manchester; that the
said Yeoman cut at him with ilia sword, by which he le-
erived a wound which severed bin nose transversely: that
oilier blows were aimed at hies by the same Yeoman, by
which his hat was deeply cult ; that be (the deponent, Ri-
chardson) had given no provocation to the said Yeoman,
and had done notbmcwhich could call for 811 Ch au attack
on hint. The affidavit further stated, that at the lime the
deponent (Mr. Pearson) stated this fact to Mr Barrer,
the aforesaid deponent. (Richardson) was ill iittentlauce,
and ready to give his infortnaii tttt on oath : a. were also a
person named 11. Rhymer, who had withes,eil the trans.
action; and aimillier.pesson, an old man, who was teadY
to depose on oath to ancher violent attack WO lug been
Made maul I by the 'aid Yeoman. These circumstan-
ces, the deponent (Pearson) wesitimsed to Mr. Boman,
and tooth 41 Wm in his official rapacity 111 interfere,
and lake tier deposition., and grant a wattant fur 11"
slept clicosioti of the person au clues cal. 10 this Mr. B
1114111. 4 long reply, miring •everal a easel's why hr did net
wish In nature's., and among others, yising the follow nig
—•• that he (the said J. A. 80111113, ESC) ) declined ally
official interference anti rtgaid to individuals who could
with difficulty be separated tram the Manchester magis-
trates."

':'n'V.

Mi. Denman added, th it the reason why the depositions
had ie•rn deln.vii limn the time of the areal renee
give rise to then,. to ihr 2611 t of fitefolstr. is as.
dlepotterti (Richardson) ennui ant make not the pr .atti
%%lin had Pot hilt. At the asament he was wounded It•
had take,' oartieniar ottare of t►► pe►son. and ha•l de
set ilted him an tidy. that he was afterwards rer,ie-
Pitril from the deseription. H. (Mr. Denman) had on
oilier Geist to allege against Mr. Barran, but he anitinitted
that what he haul stated was anMeient to issolify tbo Court
in granting a erinsitial information, an the grounds of
partiality. and a negiert of his duty 84 8 magistrate. He
rrste.l moos the %Game of Philip and Nlary,whieh directed
magistrates to take depositions against persolle areticed of
felonies, in order to h•tse then, retnrticd to the assizes, that
the crime of justice might not stiffer.
Mr. Justice Basley.—Does the affidavit not state anv
other reasons urged by Mr. Itorran wby he dud toot lake the
linforamtimisy
The Lord ridef-Jostice.—Does it not state, that he had
any other nook's for refusing—such as the want of tittle, or
it nut heing in his tid.triet ?
Mr. Dentoon.—My Lord, the affidavit in one nail statrs,
that the magistratta of Warrington were sometime- in the
practice of hearing cases which o•YW red within the district
of the Ma.ichester miteistrates. There were, it was trite,
several other matters stated hv Mr Marna in his answer
no the 0CC11611.8, hut he (Mr. t)enun in) had not pot them
in the affidavit, a, he did not think they were of any im-
portance. It there was tins full in tint having done so, it
sins hie, for he had advised such n proceeding.
Mr Justice Bay dnuht, Mr Demnan, if vim had
found any thing in the tows% ere which could qualify the
words cited, sou would have inentiont il it,

Mr. Denman then submitted that he had shnwn
for their Lnrd•hlps to grant the rule. There were tever.ll
filSel %%here the Court had panted criminal informations
arainst magiNtrabs, even where on corrupt motive had been
Ann n. O,se in loath-tear he should rely on ;it was that of
the King •. flrooks„ in 2d Term Reports.
The Lnrd Chief.ft.stire.—You nerd not go further, Mr.
nt wean ; we think that enough has been shuvrn to cull upon
this gentleman for an answer. Take your rule,
Rule granted.
WEDN►SDAY N0V.17

The Court was engaged during a greater part of the day in the
hearing of appeal session cases, none of which were of any public
Interest. _ _ . . _

At one tecloek the Attorney General rose. and moved the Court
tbatjuderneLt he pronounced upon Ilenry Swan. Esq.. who was
convicted at the last Spring Assizes for the County •f Cornwall.
of wilfully. wickedly, and corruptly. giving a certain bribe to on-
of the electors of the borough of Penryn fors you in his behalf
to return him as one of the members to repreAent that borough
in Parliament. . -

. ........ ...-
Mr. Swan immediately mu and stool on the firm.
Mr. Justice Atst then real to the Court his notes on the Wale
and the recor.l of the tleendant's conviction.
Our readera will rerollect, that this cue :rose out of the disco.
very of certain tran -actions, dnrintr the trial of a petition
eumplaininet of am undue return for the borough of Penryn, in
the last session of Parliament.

Mr. Swan was then asked if he had any affidavits to put in.
lie replied to the negative, and proceeded to address tie Court
in a speech of considerable length. and conchule.l by reading a
letter addressed to him by s!so respectable individuals in Corn-
wall, who spoke in the highest terms of his honour and
independence.
The roar, rcaninded him that this declaration could only be
received in ti,e slime of an affidavit.
Mr. Swan then concluded by stating. that in Parliament lie
had ever a led as a eonseientioas. independent man. unshackled
isy :Winistet4al or other influenc d was, therefore, unlikely to
be guilty of wilful or corrupt
The Attorney General r ?rving. that the informs-
slots was fra Recording to 're of t» at evidebee, and a
Court of law could not refer t e fact, whether it was known
or not, to those with whom it had originated.
The Juthtes ronstilted together For a short ttme.
Mr. Justice Blyley then informed Mr. Swan. that he had to
receive their jt:dgment for an offence of which he had been
convicted, in corrupting AVilliarn Jenkins. by a hill of gni.. and
by the promise of a handsome resent. The charge had been
folly made out, both by evidence and his own confession. With
respect to the lases and troithle which the defendant had been
pat to. and the circumstance of his having children dependent
upon him, the Court felt and regretted it, and it would perhaps
be a useful lesson to persons in the situation of the defendant, to
snake their children a surety for their good behaviour. The
Court were aware that the fact proved upon the trial was not a
single instance, that other charges had been preferred, though
no other hail been made out. The members of the I louse of Com-
mons took no oath that they had not committed bribery, and this
was an additional reason why that Court should visit with exem-
trpunishment all such offi:nces, when legally proved, and
ught before their attention. They were aware that the
period had not yet arrived, after which they would be exempted
from other proceedings, to which lie was at present halide.—
Haring, therefore, reference to this consideration, their sentence
was, that the defendant should be imps ironed in the Marshalsea
prison of the Marshal of that Court, for the period of one year.