The National Register.
London, England, 1820-03-27 00:00:00

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[P RICE 94.1.

refer to lbacissy,te... Froin what that author hail writ-
ten, the Jury ittialo perceive that he was no friend to
ex-officio prosecutions,. and be intimates that they
should only be resorted to in cases in the punishment of
which a moment's deity would he adangerous. This
was the only reason assigned in
stit%tification Inc such a
course of proceeding; but, in far', ex.ollicio informa-
tions caused great delay ; for he sitotil.l have been tried
much sooner if he had been proceeded against in the
regular dud constitutional way. A quibbling, pettifog.
ging course had, however, been adopted. The Jury
were aware that this county was placed out of the pale
of the constitution. It is called one of the disturbed
districts. Why, then, was a course adopted which
anneal delay, and brought this trial on in a disturbed
district? This was done in the hope that prejudice and
hostility to him, arising from misunderstanding of his
character and political li.elings, might procure a cone ic-
tion in this county. The very manner iu which this
prosecution was instituted was a libel oil the Jury. He
could see no other reason for bringing on his trial in a
disturbed district except the expectation, through pre-•
judice, to obtain a verdict. But he cared not, what the
design was. When he saw twelve of his countrymen
rut into a box to decide upon such a question as this,
he was contilent that they would he guided by their
duty to their oath, and their feelings of honour. He
was sensible that in such a case honest men always left
prejudice and passion at the door, and were more upon
their guard in their decision, than when they are not
placed in such a situation. Those he was now address-
ing were called upon to decide upon a fact, with respect
to witich there is not a shadow of woof. not even of pro-
bability. He was sure tbat 12 jurymen never could be
.petsia iled that lie had acted nit the motives attributed to
trim but Mr. At to: nev coold have nothing hut bad mo-
tives for his conduct. It had been contended that it was
extremely easy to distinguish between what was a libel
and what was out, that it wasa matter or easy judgment,
nail that lie who ran Might read upon such a subject.
To him, however, it appeared a question of extreme
difficulty. It never was Imagined that the poldication
of a mere liii, I, w Ohs en any rut:dines ascribed to it,
could constitute an offence. A Ine:1 was its itself
nothing: it was the crintinating evidence desigitating
the ititeittion, the multm animus with which it was
written, that could alone be of any importance. If he
had the good fortune, lift so he noun' call it, with
reference to his present sination, and the charge which
Ire was stow called on to repel, to be accused of murder
or burglary, he should know what it was that he had
to del. std, lie should then have something tangible
to deal with, and understand clearly to what he had to
address himself. lit murder, the question distinctly
was, whether the act was dime with malice prliense.
But he eliallengett the Attorney-General to Lute a de.
hisitino of wild was a lama, or to prove that mat ought
to be considered a libel in Leicestersuire which he dad
not choose to try in 11 estruitister ; where, in point of
fact as well es law, the publication took place. The
jury were, no doubt, aware. that verdicts of guilty had
Been otoaitied in distant parts of the coentry, in cases
where the defemlant had been acquitted its the metro-
polis. Hut the whole system of the law of libel had
tieeit hot riiwed from the slavish imperial code, and hod
flourished iii full vignllr Under a Stler,.,Sioss of Itoallll
ettetwrorA, tat one of %%hien the learned Counsel hid
a!ltisit-d. and whose it. -s were .v ttttt ins,stis with iticatitv.
In his opinion, the communicatiois .if truth to the otblie
must at all times ht ad% mitatzeons. Tiir CiVe of the access
Bishops bail tweet alluded to, and in vitriol's respects it
Aire a strong applicatteit to the present trial. Judge
Powell, out ti at oCCa•toti„ Said, the libel (maid to be
101001 to he lake, wicked, and seditious. Yet those
were generally to he colisidesed bad mutes, anal
ately succeeded tile ItesolUtioll—JO ellen! OCAS, brought
alma( by the thsatioa and oadiana- unt which tile lICSIIILM
lons inneeesitals of the Judges had excited. Chief
Justice IVrigitt held, shat in support the charge, an ill
i:iteittuin ought to be made out. Only one of the judges
then thought with the (vatted gentleman. that whatever •
I ght the Government into hatred or contempt, was
necessarily a kiwi ; and he ITUSteil that no j,.ry would
sanction such a principle, eyes' were all the judges to
declare its its favour. At V% AS said in the preiatilile to
one of the Moues of litgli treasitii, that no man cool,' ~.st
betbre state to what that crime consisted, so he ntigitt' 44%)'
assert that is() man could, while this moue ro ptosecnvink„.
'
was adopted, communicate on anodemiltit.ts ui in, 4
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countryineu without a iiaitiiity to he brought before

. .
court of justice Upon this I), isicil 1., wit fever st lit '•-• .bi
offensive to :4 Minister of the Crown ko i4ht be vont o .•••• , ~1
into a Ithel, awl Iv: made t.,e sohket ..1 a criminal 'n r....- ). • A ii
Mallon, by Inc AllOrtl.t General, m, ~ bt• 111.4,1 fel ••-
j,\II
v4ilitt
!Milli only tw rtionled as ;h it e NI. s u•, ,„ s er4ir, .‘V 1. We` --__,:je.',2
Mr. 5.1,11er3 ittilo.sited ;Oa avlival to hotel; ~t ..c Cot 6 d414"'"...•
of Logtin‘l, the Atownev tiro• rid of C.ai i, ,v. J..on,
at the re, suulisitoovit tif co, . r‘, ..t.. o••. 1- •,' i'. .1 work
to he a hbvl. bolero it w.mtl ..i,,, ..r r ~ :,,. .r-lis MS
in iiecipirs 1:11.1 'town by ihe le,,rof : .:.1..1..66.411 (Nlf„
fars., einailialBlol6 see page 1,(X).
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