The National Register.
London, England, 1811-02-10 00:00:00

No. 1.5°.
MR. FINNERTY.

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We have frequently boasted of the. excellence of
our Constitution. In the pride of our hearts we
}nave exulted in the manifest and long acknowledged
saperiority which our country possesses in point of
laws and liberty, over every other kingdom or em-
pire in the universe. We spoke from knowledge
and from experience, yet adduced the past as illus-
trative of the present. We now can produce an.
instance given by the highest tribunal existing in
our days, which proves that the theory of justice is,
nim- only now perfectly understood, but its practite
e!lorced with a degree of strict impartiality and
tignified clemency,' Which the legal proceedinOkif,
former ages have never eurpassed. We allude to •
the unexampled display Of temper and lenity made
by the Court of King's Bench whilst Mr. FINNERTY t'
;;ItteßS44 to: plead in Jr his offente
The causes of the prosecution are'well known. Mr.:
FINNERTY at his return from I‘'alcheren charged
Lord CASTLIIREAGII) then Secretary of State, with
oppression, in a letter signed with his name, which
appeared in the Morning Chronicle. A criminal
information was filed against him, he now tells us,
he was informed that truth was no justification
of a libel, and allowed judgment to go by
default. Having thus acknowledged himself
GUILTY, he employed the time that • passed
l:etween Trinity and Michaelaiiis terms, in
ransacking every part of Ireland 'tor evidence to
eliminate his Lordship still deeper than he had
done in his publication. At his return, he receives
every kind of accommodation from the Court.
fie had spent too much time in courting popularity.
among the catholics of Ilancl, to be able to answer
the first summons issued for his appearance in
Westminster Hall. This. neglect was kindly ex-
cused, and on account of his state of health, the
indulgence of the Court pOstponed his sentence to
the ensuing term. How are we to reconcile such
an uninterrupted course of judicial leniency, with
the complaints uttered by Mr. Finnerty, of the
t•f
system, of cattakss persecution adopted against
? .But .complaint, like the pettriotit calls
for reform, ?raises an individual from the obscurity
Vol. Ir NO. CLXIII,

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iri which he used to vegetate. Like the cry of a
lap-dog in a crowd, it first excitessinqUiry whence
it came. If it ceases, it is forgotten. If it con- '
,linue, it is soon magnified into that of a child. In
afew ruintftes it is that of an helpless and insulted .
woman ; and at last, re-echoed by report; it becOmes '
that of a multitude of both sexes trodden down and
expiring beneath the careless foot of a company of •
grandees passing by. Consci‘us that such is the
power-of complaint, whether founded orUnfoitnited,
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over the credulous mind of the' unreflecting of the '
idle, our modern reformers sound all its • notes,
but their'arts are known, and their hopes will be t.
disappointed. . if: 7A44.
Notwithstanding the system of " persectitionni
adopted towards Mr. FINN vt•ry, he continued, to
iceive the most consolatory marks of indulgenciT..:
tifrcm •
the. Court., When all his preparations were )1. • '7-*
!eilded,' and his vottinaes of affidaliits collected, he •

at' lastappealicei befc' re the*grAtiggeA of at 4nd,
t. • s
the_spposed intent 41)teadarig in mitigation'
eliaiting declined the assistandeisf€olllll..

scl, he was heard with increased attention and
pa-
tience. His object, however, was soon revealed.
It became clear that he had suffered judgment to
go by default, not because he felt a proper sense of
his guilt, but because had he defended the libel
which he had written, he would have afforded. Lord
CASr.EREAGH an opportunity of meting his offen-
sive, instead of dy'ensive arguments on equal grounds,
and of rebutting the violent charges made to blast
his character. Under the plea of mitigation, he pro-
duced affidavits, which Lord CASTLEREAGH had not

even a right to 'conttadict, and which, had they been
admitted and inserted on the files of the Court, •
would have formed a, source of futiite libels, armed
with all • their poison, towards his Lordship, but
whic7i any individual might haVe wielded without
fear of punishment, as mere' records of evidence
occepted by the first Court in the empire. This in.
siduons intention was first perceiVed and exposed
by Mr. GARROW, but denied by Mr. FINNERTY,
with what justice, however, can be gleaned front
his conduct. He owned he knew that truth was na
justification for a libel, and yet, after acknowledg.
ing himself guilty of such a publication, he brought
what be represented to be truth in mitigation of 'his
offence. if the statement of truth; supposing it to
be so, instead of justifying =otitir act, was, ia
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82

self, not justifiable in the manner oy
how could h.? pretend to think that it 'would
mitigate his offence ? Such a doctine, did it
once gain ground among us, would tend to prove
that a murder can be justified, or its punishment
evaded by the mere confession of the act. But
he will say, g, I think there is no crime in telling
the truth."—Why then did you acknowledge your-
self guilty ?-48 Because I was told that telling the
truth was an offence punishable by law."—Then
:how came you to urge an ?fence in mitigation of an
offence 1' Was there any reason, any sense in this ?
To this plain and decisive question no answer can
be given, but that the Defendant's conduct was
void of sense, or else that he was impelled by some
secret consideration which caused him to set con-
sistency at defiance. What such a consideration
might . be, may be easily inferred from the
nature of the affidavits which he brought
forward. It was, as we have already re-
marked, exposed by Mr. Garrow, and led the
Court to set limits to its indulgence, though not to
its lenity, and to advise the defendant, in the mild-
est manner possible, that his affidavits were irre-
levant to the object which he ought to have in
view, and that as truth, even were it real, was no
justification of a libel, it could be no mitigation of
the offence committed by such -a publication.
Further directions were then given to him by the
Judges, who in the true spirit of British clemency
and law, became his counsel, to enable him to
frame.proper affidavits. Every facility, and even
an additional, week were granted him for that pur-
ppse. How did he avail himself of the indulgence
of the Court. Did he obey the wise directions
which the wish of treating him with mercy had
induced the. Judges to give ? No : he followed the
dictates. of his. own mind, and persevered in the line
olconduct which he had been informed was wrong
and unavailing. He expunged, it is true, some
parts of his affidavit, but brought others to supply
the place of, the virulent and libellous matter
omittelkin his own. Armed, with such weapons, he
4104 set the-Court at defiance, and when reminded
coßrse was exactly the same which bad
been declared on a former occasion both improper
api4•;ill4lting, he insisted on attempting to, prove
the truth of every assertion he had previously made..
*illipg to let. mercy outweigh severity,. the Court
sa*.him,wth Onexhausted patience, endeavouring
to fortelibv.affidavits on their. notice. Every one
w,hichhepresented was tried, and only rejected when
exceed the original libel in
tl irrelevant, to the case, as
'e what had been decided
the offence, and yet A.

'ER.

with such obstinate disrespeet,
orders disregarded, its dignity contemned
anger awakened by every means in the power
man, it did not utter a single word which be,
human possibility to insults and injuries, bt.
ceeded with unexhausted patience and unalte
impartiality in the distribution of justice.
after having undergone so much from the Def
ant, when the ATTORNEY-GENERAL, in his
gave one single hint which reflected on his
conduct in Ireland, the Court took his part
degree of indulgence which will be reeorded
tory as the most magnanim ,us display
partiality and forgetfulness of injuries whic
graced the judicial records of Great Britain.

Wednesday was decided a cause of some interest to fill
mercial world, and its result useful to all subject to the
rupt Laws, to be acquainted with. It was the petiti
Mr. Wood, who is detained at Manchester Castle u
arrest for debt, being arrested at the suit of one of _
ditors while he was on his way home, after his first examina
and surrender under the Commission of Bankruptcy au(
against him by his creditors at large.—After Counsel h;
heard on both sides, the Lord Chancellor said, the Ik
must be put into the state he was in when the arrest took
and the Officer must suffer by payment of costs, for the
of privilege.—Judgment for the Bankrupt.
In the cause lately pending in the Ecclesiastical Coui
Doctors' Commons, between one Hannah Cox and
Mr. Goodday, the Vicar of Terling, in Essex ; the Vicar
a view to prevent further party-spirit throughout hi•
and to stop further proceedings in such Court, admits,
having rebuked Hannah Cox during divine service;
William Scott, the Judge (after very ably stating the old ,
of Edward the Sixth), from the very peculiar eircumstan,
the case, suspended him for one fortnight only, and
larly directed that such suspension should not he read
church. The Learned Judge, however, was clearly of
that no personal or unworthy motive actuated the Vii
that his having so rebuked Hannah Cox originated solely
excess of zeal I and with a view to the Vicar's future
pointed out that it was the duty of the Churchwardens .
vent the Clergyman from being disturbed while dischargii
sacred office.

Sir J. Branscomb and Co. I. Sivewrirht, Sole Surviving.
nor, are happy to announce the New Flan of the State
to be drawn 15th February, 1811, will remove every
that has hitherto been stated. There are more Capital
and each will now be of different Numbers, and there '
less than 201. They trust their uncommon good forte
ever attend their Friends the Public, having sold in this
year ALONE, six prizes of 20,0001.; forty of 5001. up to
the first 30.0001.; the last 25,0001. ; the only 40,0001.; ant.
ral Prizes of 100, 500, and 1,000 Tickets, which last prods
24,7651.; and others too great to enumerate, at their Oki
Cornhill, 38, Haymarket, 11, Holborn.
The Lisbon Gazettes contain a Dispensation from Pll
to allow the Portuguese army, during the preseut year,
flesh on fast days.
The following melancholy accident happened afew dr
at Cam, near Dursley :—A man, having a sharp clasp
his hand, whilst in the act of pf eventing. one of his
from taking hold of it, incautiously threW it from him,
penetrated the temple of an infant, lying in its mother's
caused its death in a few hours.

PRICE OF STOCKS.

Bank Stock , 250
3 per Cent. Reduced 661
3 per Cent. Consols 664 .66 osi
4 per Cent. Consols BM
5 per Cent. Navy Annuities—. NH
Bank Long Annuities ,...1741746
India Bonds d "7s. ,pin._
Exchequer Bills, 3d. 34. 6s.prtls
Consols for February 661
The above are th4only Funds that are arm.

its nature was found to e]
virulence. The/ were all
Alto prow
11 _ •.-7.• •of
f":-°‘ • .
;;•\ 1r W. 4, 4
••r y
).rir

THE NATIONAL REGIST
- .
rr
it was niacte by hint, 11 though treated v

t, all its
and its
ower of
,etrayed
nit pro-
ialtered
Even
Defend.
s reply,
former
: with a
1 in his-
inl-
of
ever
the com•
he Bank-
tion of a
under an
f the cte-
amination
sued out
had been
Bankrupt
)ok place,
he breach
Court of
the Rev.
car, with
is parish,
aitted his
and Sir
ld Statute
stances of
particu-
in the
,f opinion,
ricar, hut
lely from
conduct,
s to pre-
arging his
ring Part-
Lottery,
Oion
al Prizes,
are none
rtune will
is and last
10,0001. ;
and seve-
produced
id Offices,
Pius VII.,
ar, to eat
days since
) knife in
; children
I, when it
's lap, and
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r..;
651
5/ .
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CA: 1.1,;.$