The National Register.
London, England, 1821-02-12 00:00:00

67

. LAW REPORT.

COURT OF KINGS BENCH,
THURSDAY. FLO. 8.
JUDGMENT OF THE COURT.
THU RING V. SIR F. lIVIIDLT'r.
When the Court was full, the Attorney-General
moved for the juidgemetit of the Court upon Sir Francis
Burdett.
The worthy Baronet had just entered the Court, ac-
companied by Lord Nugent, Nlr. Holdionse, NI. P. Mr.
P. Palmer, P. Mr. Bickerstalt, Sir it,nert Heron,
and set real other friends.
ilr. Scarlett then put in two affidavits : the first front
Sir Francis Burdett, which set for.h, that lie had hero. a
Alember of the Imperial Parliament for twenty-four
years, and had uniformly hero an advocate fur a legal
and Constitthional Reform, which he ()Verily avowed,
and felt and believed to be essential to the stability of
the Throne, the vigour of the Government, and the
cnotetitment and happiness of the people. That `tis
it object hail always been to effect that Reform
bv such means as would prevent the interposition nl
popular excess of any kind. lie Ind akva s conceived
that the right of Petition was a righisactedly recognized
by the Constitution, anti in the exercise of which the
ji ople had a right to protection, am; not molesiai ion.—
The affidavit further stated, that the lion. Baronet when
he heard of the fatal aflair at Manchester, kit it to be a
daring millary outrage, directly attackitig the nalit tit
Petition, and one which urged tutu to call mato his
Constituents to come fir ward and lowest against such
an ow
The other affidavit was from r. Harmer, and merely
went to skew that the Honourable Baronet could not
have seen Lord Sitiniouth's approbatiou of the Manches-
ter 'Magistrates at the tone he wrote that letter.
Mr. Seat lett the ruse, and made an admirable appeal
to the Court in behalf of tne worthy II uotiet. The
Learned Counsel set out with stating, Olaf, whateee
might have been the political differences which, at pal-
ticular times, he might have had with Sir F. Burdett,
yet it was utterly impossible he could look spin him the
less, on that :ice ttttt it, as a lII3Ii of the first importance
to society. There never was, he said, a man upon whom
the public attention was more fixed, or the public affec-
tion more concentrated. Sir Francis Burdett might,
indeed, be said to be a man upon whom a friend was
never alienated on account of political difierehers. In
all the relatirms of ide, tic stood disioterested, honoura-
ble, and illustrious, and l'or twenty-five years stood erect
a mil the admiration of his c ttttt Itry. Throughout that
lung period his conduct had always been open and
avowed. hits high birth, his splendid fortune, his illus-
trious talents, his education, placed him by continuo
consent, first among the first rank of the G.-interne-it of
England. His life had been a public one—it would
form a part of the history on the country, aim would be
reverenced by impartial posterity, when the judgment of
his contemporaries should he reviewed with calmness,
and divested of piditical passion or prejudice. On no
former occasion had a British Court been called upon to
take cognizance of a case more important, or with re-
ference to a more distittguished man. When a gentle-
man of England, like the Lion. Baronet, called on the
gentlemen of England to come forward for redress of
grievances in a CaSe like the transactions 31 Manchester
it was ridiculous and fallacious to say its rilijeCt was to
excite tumult. foe Bill of Rights had declared the
right of the People to petition the King, and he hoped
it never wculd be said in a Colin of Justice that he who
is recommending the sun jests of the coutory to petition
the King was eXCltilig tumult. It had beim said by one
of the greatest legislators, that the best goveriiment upon
earth was that in winch every nulls idual had a sense of
justice which he preferred to private interest. 'lucre
was no country where that feeling applied more than in
England. So long as the people on England were dis-
posed to treat every species of wrong done to individuals
as wrong done to themselves, so lung would freedunt Ise
dearly cherished ; hut ii the transactions of Nlancliesier
could pass unheeded, they might in Moire look thr
Government riot of treedom but the sword. The Court
would see by the allida‘ its that the detendatit did not
feel that the ilisappluita ion in timer ttttt ent could alter
his sentiments which tie expressed in his letter. He
was firm m the generous ardo•ir iii sit Enalisitinan acting
upon the best motives. 'the lion. Baronet did not know
at the time he wrote the letter that the dreadful outrage
was not the rash act or some military commander, win.)
had poured in his armed bands mom a mfene:less body
of tine King's stiljecas, quietly assembled to exercise a
colistilutional 'two. The feeling of indigitation was
natural upon hearing the event. Ito making this address
in behalf of toe delentlant, he did nut meat, to enquire
into the objects of those with assembled the theeiiii.
It was a fact, that sonic ua iuuse persons had attacked
lOW with deep political feeling. 'Die q ties' in ni was,
whether it was 3 proceeding which (111141, toe been
approved even by the Judges of the 1411(11 Tne employ-
ment or the military was obnoxious to every lover of the
Constitotimi. The letter did tint call on persona le, resort
to mouth, bill to putilibli and secomily, to
chew (ha sufferers there was a feelina. n, their country-
men which might had to real rest. If tine day should
e‘er come in which a Gentleman of England should he
puoislied for one i xpressoni Al such motives, there would
lit au cud to all teelings of ho tttttt r and Ireetloni. lie
knew the Court would not punish for such motives.
Wl:atever might be the decision of the t.assing day, he
would say, if the lion. Baronet was spared to discharge
Its duties to his country, lie would, tu the longest day
of his life, act with num, caution.

Detiman, on the same side. said, his feelings were
more acute, if possible, than tho.e of his leatiii-d felted.
Hd % lIIg been canplo)ed fur the hohusirdhie barouet troth
the eun.lnenU•lbrbl of the pi useciiiiim, he was enabled
to judge of all ilie facts. fle dud slut cousider it nece.-
i.a: s to go int., a resiew of all the lectures ut 16e case,
bat he oas Taxon'," to aft trial himrell against the charge
of 1.01 oat a nig wain:tent opeo,illoll to the letter which
o•.. rot Wilted In iiirjoodi% • huhunrable basnoei Ai the
tone t.l Lis Mal. Flu wtthed to clam loaned I.nlll any