The British Press; or, Morning Literary Advertiser.
London, England, 1820-03-25 00:00:00

fur the letter which he had oral in Mr. CoMien, sod
which was published in his lidwieler I but that dec.sinii did
nut sheer that he might set hr tried is irelau.l. ell••re Ohs
{eller as. gyration. 061 the saute principle, It die tau 4,t-
-law, from the cases quilted, that Sir F. Ilardett might sot
hearted in I.reeslrralure. 11 1.1.11011 ha GM the Jury lv say,
whether they *Muslin there was satilcient evidence to sin w,
that the letter was written in leicestershi;l.
Mtge • lapse of about ten: toioutes.
Rir Francis Horde.' ruse fur his defence. He acknow,
hedged the handsente trestuninit which, ender all the tie-.

enowstances, he had received at the bands of the Learned
firejesat, his peasenstor. The usouvere in which the charge
had bees. conducted, had looked. from she politeness which
Mid been nougled with is. almost invatidated the ace's:
moons; fur it would be diarist, to behrot the aocuests of
the information when applied to ewe"- elm Sad been se
highly complimented. He would commence with • few ob.
Pervasions on iisfewinallous Mel es officio. in such remarks
he Aid nut intend It. apply any thous pensonally in the Loom-
ed Serjeasit ; nor yet was he at all volloog wish re-
gard to the person sow holding the office of Attorney-Orme.
rod, especially as that Gentleman was nut preen. Thus/as
• • eireamsosace which he mock regretted, iss it was always
au notch store pleamot to elate any goostoola complaiut
ur dismot before the face, Mau behind the bock of the ob.
j. etiouable party. He was is a very *homier situation be.
fore the Jury. lie was called soma or dispute with
the Getitiemen of the legal prof/mhos as to where
what was torhoically termed tire *eau of a criminal
process should be laid. The Soot greeters, however,
was, ma Is. the grounds of the ioGoremation. Heeumplaiu.d of
being deprived of the safest bolwark for this part of the
Commitedion. He siesta the 'iodine or rejecting of • bill by
&gravid jury before any steps 'skew in a enneitial prosecution.
Had that beets dune, he might hove bersi tittered all the tremble
and expense which had been brought too hint, snot the in-
conveuience both to the Coact and the Jury.' Thee were
asked to do in his ease what no Joey kaol the power to
do. They were called un to deride where a pasiffeolar act.
had been epassaillted, in idioms of every vestige of..preof
for that loopiest. They were told of presumption es
e that proof. Presioription is, an EiOslisla Court of Justice!
Beery. thing in the case semi indeed presumption without
proof. Suppuee the letter in genes... had been put it the
porit-offire by bon or his woven, ; suppose that or say other
Setter to have given •the id of the writer isiseasisera,
he might, upon wore mature rcileethoo, End that its cosi•
trots were contrary to reasons and COMMON snow, he
might dose it to be withdrawn and delivered beck
tor hiosiself—he might destroy il. %Ohm publication would
there be or could be alleged is. sus is a case? According to
the argument used fur his ease, pothloration did not take
place at the spot where she letter might be sent, bet where
it should have been written. And when this eatraurdiaary
priaciple was e.tabli.he.l there was nu proof then offered of,
the fact, host the Jury were required to. presume WI it. He
would chew them how this oresumption was supported.
The oreoreloope of the letter was lost, and Ito far from there
being any proof of its Mario* been put Suss. the Perid•ollue
in Inc. steeshire, he deelneed he did out know himself.
mar did any of his servants Now know, where the letter
Iliad b. eat put into the 10,4. He recurred to the power of
iliac tar orificoo into, ; a poen? who+ had never beets
slowly lotto a tool, hut had been entailed at dee lievolosioa, sad
always iliseiroutrieaticed by she great law setkoritiee. Lord
Chief Justice Hale soot only disapproved of it, but pros-
nosencell st to be is room of law, slot allowable in this oar
free Consistootio. Mach a power was obviously contrary
to Norm Vitoria. Its exercise woos hoetite to reason
and toosiewon mese. At the itevoilioiou • Funtootittce
had bees, appointed to secure too the people all the he-
arths of that important measure, toe Chairman of which
was Sir John Treby. The power of Slim; cx ellbeiu
infw-
satiurs was owe of the brat things they shacked. This
pewee was withdrewn entirely from the master of the Crown
Office with whom it them resided; and au it would have
bees altogether wool probably. But it- had mover had
bars presumed that a power thus expelled from law Conolito-
lion would ever be claimed or cx. retard by the other hotel
servants of the Crowe. if it had lowa, that power would
have been derived 611 their each by his official tide. This;
power male the sitostiou of Astoreey-Ge wend full of dowser
to die 'Masi sad fortitude's ; it ws. elect Me whale laramsie
sad vietemeseeoalossist one *Sepia. The Alfill•••000111r
ral had twee tallest as effileve of the Crowe ; that was opt des
ease. The Attorisey-Gesersel was iwwwhobla tier mere eves-
tures—the mere tont of the Coact—an halftime'st merely he
the base& of that Court, to week the purples," of political
soaligiiilyooow
Justice BIM raid he email not ail sad hear such language
applied to • responsible Officer ssf the Crown.
Sir F. 9111110eTT, with defereaco, would acitin dispute.
The Attorney-Gametal was sot as Officer of the Crown, he
was only the creature of the breath of the Minister;
his official existence was limited by the sosecem of
bin who gave it, and expired wish his power. Thom was a
difference of °pillion between hum sod the Coosa Lawyers.
And wises those Geollaines come forward to charge him
with being of mole anisno, be certainly had a right
to 'wasn't quo anima they made such • charge.—
It the Attorney-General were really as Officer of the Crown,
Whig on his owe diseretios, why was he soul made as /11411,
peadeut as the holies? AN, indeed, considering how
mutts did really Armed ou the discorso)* of that officer, he
(Sir Fraticis) was almost iodised to skint that be ought 14
be more iodeprosiestot least, thole he was. The unsupport-
ed charge them under deliberetioa, was • recessed id-
ealisms of the remade loos abase of the power* job morel to
Nestling could he clearer than that the proareotion ought
is have commemod by preferring • bill bduee the Grated
Jury. Here was a sufficient example of the justice of cr.
officio informations. He refereed thews to* the opinions of
Justice Blackstone, Lord Hale, avid others upon dos *ob-
ject. The power had bee, added to the Royal function's fur
the purpose of peoviding reused, fur sigressious libelous a
Osomesit s delay of the prosily 'Period what was absolutely
weeessitry might prove serioaaly dangerous to the public.—
, it was declared to be necessary so pro mot iocuaveuieuce or
suffering to the interests of she people toe oef4
stettenti) in cases where the 111..14 Intliog delsy et justice or
punishment would operate iujunomsly. The olive of it
was to wore shoe. How • sininge and Barash was its
abate, when from the menace of exercosiug this power it
so., frequently, mid in all cases where a arms mood, peudotaa
suirdelay. Why did sot the Ado, wry.Gese. ral send him
to a Grand Jury in Middlesex, mid toy him there? The
reason wee, that be despaired of a cumoctios iu
Moen, and expected he should bud seer in this totality
who entertaised straw prejudiere against him for his sup.
mooed political principles. In doing this, the Attorney-tie-
. weal Ithencil the Juries of broth places. He libelled the
people of Middlesex, by dedpaliesog of obtaiiiieg a vet-'
diet there • sad he libelled show a Leicester; by sup-
robing ihe alt pawned of political prejudices. Arid
what must the Jury dhoti of prosecuting him its a
Owe, which, In point of law, was • disturbed district
They could ant mistake thamotivea of the Night Hon. Gen.
derails in, so doing soy more than they could mistake his
ii writing the ledge. He neat advert. dto the subject of
libel. it had bees said by the Loomed Arojeario, that
there was outhisig more easy thou to define libel. H.
coiffeseesi be had nut 'bet *art of capacity which made it
clear to him. The term 1(614 was bortowed fount the Civil
Law. The.word was derived foam lituffite, a little book,
and sf itself had no disgraceful swamies. The signifier-
tiger was criminal only when accompanied by erainivalitig
evideuee. Had lie berm accused of bestiary, or any other
crime of • specific nature, virtu suture outrageous, he could
Mee grappled with the eliarge ; but as to libel, uobody
brew what it 'maid; It was i thiog u t onooltfoioahle wagon lord
qualities; it was one a the casoliteal vices of the Mar Chain-
'Ler. Is was never definitively oindi mood. As was well known,
writings were declared libellous is. our Cumally, whirl. so
&anther were declared to he nut ; mud lreoloo roily use
Jury acquitted • charge of libel leff chug the same publics-
torn, which had beets aouvicied by 'itiotther. The triode system
of the law of lihel bad tooth borrowed iron) Stir slavish code
of the Imperial Romans: Libel and sr./oleo acre lbe great
instrionents vomited by that afesputic government to swat-
lorste eminent men. It was realty riotous to °buoy* the
wretched artifices by with the ordinary pr.sciter of die law
of libel was furthered ill the Cools rat Ymgs Bruck. •
libel could out be said to break the peace; it was little.
fore said that it tool a fattener to break the peace. Just
so a mon epos the soothers road might be charge of with a
telideary tagsMokasdior. Theta law of Englaud reopirad


7r!!'"T"W

4P •

.. •
cruel Or a torpor &lien, • galubtailal ant& of note
kin lerfwe osisviction. .The. Kiinee Beach, however. gut
punirmed of • jilargictivik maid ',binned ettatahattee of the
SSW caws and issimediatelt the doreasetion pf tents or fine-
hood or cases,
libel Insane au object of -positive Ingaill-
non. He coped neer be bovtairlog.to the belief that the
Immorality of • libel could better mew engine true or false.
The troth tent always weigh, and he did rot see how the
• peddle coold be *linen Ina beinfteit by Its divulge.
mast. In the cow of the were Bishops whish had ben so
roue% alluded to, he fined esennin erniartalny apphea-
ble to his present ergeonot. _Joke Powell said um that
envision, that the libel mast 6e proved to be wicked, voli-
tion, or militants mud false.- Nye, this was befell'. lbe
Revolution, a‘evenirwhiek "pa coasidered enstnierr to re.
discs
She disputes= Whin iststintioes se. the ressamitre.
Animism/ the 'noose canon of that Revolution, pas imps,
there was None which uperated with treater effect thee the
abominable demeanor of the Judge. eh the time, Accord.
log to the spitting of Chill Jestice Weight. it was always Ott-
tesseiry that as ill Islington 'hissed be anearsied by proof.
He entrusted this will; the pineal nitrating law of the sub.
j. ci, ebieb he averred Views giro airmen men owe, than
as military law, it ati dint asthma or writers, to aevere.•
teasing peril, even whets thee mercies* conscious of 168•INIC
ISCWITtiI it. ifllallilt eel sueof(sie 14,N -ilk* Peones. Stich was
the &eller of that lougsX 'realer See ad.•ol. cot. which
observation as agaittomond
_silt. apparselly. 49 mach
tensor of Its enrentong ,`ylige, doilies Illaelastourg—
.lbentatk log still tortherrop lit ktolegiiii• Naive of libel, he
observed, there wereinakincos of pe.wees Aherne end in
IM pillory for hawk hie Shia they hod afterwards been
honored said reviewed.. It was wonderful to observe the
nature of some bookirethich bad hreu prossimared libellous.
Ass extesordsoary intone of Ibis kind wee the book of Mr.
Somers. poblirilsed as ea appeal in favorer of the Church of &In-
land, soil smart proneeced le be • libel by the thee Mier.
on-lineeral. la appeored.ha bin that the Lesracd Serpent
have mole • snot irligjtile Attorsep.Geiteral so Nero.
He bad boasted so he pen that had lie laved, leg days of
James 11. br scald lisberlbsest neon the most disaffected
of his followers. He was irony that the patriotism
of the Learned Gentherne bed here lon to the .cosuitiy
by the no linen of ita date.- He breVel leave to tensed the
Lassoed Gest lents of Ohm Mee la the Roman poem,
" Nulls graves est necroses Achilles."
He complimented the Whig Administratiou under Mr. Fox
ea
the moderate use they had made of the power utilities et-
officio informations. The nsly ease in which they bad exercis-
ed it was lite most exenable that could well be onagised. A
writer in the Mersin, Plea hail desnibed the Attire' sin
transports of • departing eepnlition as being ISA sea worthy.
Is any thine could be deemed um ouivocally mischievous su
the way of hien, it most be such a libel us. • large Innis's.
merit of tires directed to act is. tie offensive in time of
par. Mr. Fox's Is senile, however, wain out; those of the
libellous author went in. He withdrew ISIS plea •f nut
guilty, and wee out °sly not punished, hot well paid sod re-
gloried amuse his superiors. Do thee other 'hand, there
was Mr. Inky. busk on Goviessissent, usie of the piii-
fossedest treatises aver *raved, . was is great danger from
time to time of hung modernised, as libelkoas sad
would have here su condemned isievitably, had it bent
wrote« sod poldieheri • few years before it actually •praireel.
He addressed himself again to the unsure of Grand Juries,
their emestissitinal sad protecting purposes,' dill regretted
that his charge bad sin bore preferred before inks. leper-
teat sad proper as it ;end he fur it to undergo such a de-
*ion. ilir did sad in easels regret neon In caves sub-
mitted so a Specs' harpies it was in theuedgell proof that the
acrusatin against him was eve of a very henna nature.—
Speei•l Jewess were funnel" instituted to rein cases of rows.
pleated and litigated segnots. This wee don with theca.
seat of both the (winging parties, and Shin there was lit.
the to complain of, °' If dealt son fig iajarke Bat
power from its might was always 44 the idedossit.—.
The system of special juries, like the fox, whew nor hang
Astrodoceil, was said to bitable to threat hat head and shoal-
dna is after, grew epos. the business of the Court, tad
blended with is, so as at last to have worked itself antes
the mash Mins tent parts ill the -jurist/eths of the country.
. Wpr Frames thee entered hato a derelict of the letter and his
apmeral coodurt sod opinipos as far as they regained popular
rights sad the gegenl safety of the comm.', which he loused
timid eetiel Is preiressd hiscorite, Geotolenson Amain
ale ioreilitg aaraelkiek._ ....kr Oriiketing those right.. Ste
nein the allagatioit of linking, to excite the people to
waist sou or violence. se maionept of the Govensusset. Gas
the coutrary, it was from • win to unite the people and the
rinser classes I. stronger ties of syropalby, net bend been
directed thsueghout the whole period of his political life.
Adverting to the motive of the Attorney General, In laying
the rear iii Leicesicsibire, be had DO dread of the par.
Scalar political wagoning of the Jury. Honest non
afters entertained prejudices, and especially on Mich points;
Dot he did sot believe that he siswild suffer from soy awn .1
difference of opinion whichessight happen to exist belittles '
them. He rather experts's& that his Jury would treat the
charge of the dituroey-Generaltaa Elbow. She constable,
was treated by the Unieseant, when be brought what
he calhd . a makfaelor." before Islas. Elbow en being
able to make say specific charge against big Pei.
ismer, the Wei • *denied that he should be set at
liberty, mod suffered to go wrote his lawful occasions estil
some charge phoold be discovered, to which the wiar con-
stable cheriefilly assented. The How. Bums! entered at
considerable lunch jot', the subject ori a Reform is Paoli..
wear, sod gamed • loog list of •stborities favourable to the
doctrine of s. sine extensile/ represenbitiou of the people.
Aritougst.tbese nor lard Clarendon, Lard Bolluglooke,
Swift, Locke, Lord Canino. ~Lard Chatham, Ilik.".lassice
Brnekstone the Duke of Richmond, Ur. Pitt, and Ur. Fox.
He graisaalLiesed to weary them wish so many spostatioes,
best it was of the (semen importance that be should nut be
suspected or treated as if be used reform as • sank see rover
for hostility asid misichierougeows. It was toe much to talk
of reform as wild arid visionary, when it kid beets sup.
purled by such mare en with so nior.h ability. His
object in laying those stateamsts before them was loans,
that there was no culpability is login frereihres, and in iro-..
deavourlng to °lnnis. that Parlierneotary Reform which was
sweatiel to the welfare and liberty of the people. Fee biro.
self this bad been his object from Ilse cummenengient of hit
hie. He would read to time estrous of speeches made by
hies in Parliament on two erveral untious. The subject of
the heat two was respecting dm *sage of while's. They had
beard what Chief Justice.** thought of soldiers iaterferine
with the tin of thr.litips, sod they could judge whe-
ther he tboeght them a putotfibe Government. Bat Sleek-
otone's language, be ono. *aid, tended to facile disallow.
lion far beyond**, than iiltir letter. Here Sib' Hue. &IMP,
read BlorksteriseNi ilhouktrititys as pay dm ogev.og *din email's
between, Arnsenimo el* deo ogmeneenglirnjpesoin of+,
having • body of mew radio:ll kid nate ut oeirlis4e.is the;
amidst of • free watum. ' ••'' ".- . . . .
Mr. stripes.' v Arnim.' ollirmiontithe Jury at coosiderniki
length, enforcing all he hadisateil in his opening speech,
an at the same time breoplin to the legal objections which .
had been take., by Mr..ogernse.
Ur. Justice Ben, juin charge to the Jury, declared ho
had no twenties is prommeeng the letter of Sir Frani*,
Burdett to he a erasion libel; and with respect to the
comity in which it ou:Salklisherkebere was strong memoir-
sive evidence to shes,-.4tbst it was written in Leicester-,
shire. That writing was • poldicatiois, Mid the ones lay 1.41'
his. to peeve that it was apt %Primula that comity. It wad •
for Sir Enacts Bonk* to 'hew bow that letter Rot'
into the roomy of. Widdlasmi. He was is. Leicester.:'
attire at the time. th. letter was orates, and the Jury,
were warranted he Imilieeter that it had brut petition-.
rut there. I.e that hunt he spoke of brood lining bens'
spilled by the sold try. • Was it St for a (knilesnan
of Ile. eduratwo and boostledge of the laws of his cultsW.,'
try to wake suds nu aseersion on the mere autherily"
of so wspapera. Thew the Defewitaat spoke a the ste--
eonstitut 00000 al owner, er • standing army • bet Wok wash
nu sorb thing, for the way existed wary I:llfire Ina=
of Parliaisseet from yew 14 year. The Verdian*
that in bus defeece his nicer was to Coll on iffiii`irontr, giall. 'I
tinsels of England to• sonnet the just rights of tide
twootry. He .lielicual in wen is Retrain were
anon Wigs we OMB the two Mei gestic/aro. ' Wish
to. Ibis whim dapressioss io Ike Inter, it was ire.
for any maw to jasdfp !biro. ' The Deferidait knew '
wall 111111.111191 t ,W4a. as ad* ilia, in ir -reignof trite;
dale(' frowslakieyseesi! hi An easoritry, .In the allik '
Mao woks - , Milli uriftbei theAcoods'
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