The National Register.
London, England, 1817-05-19 00:00:00

TIIE NATIONAL REGISTER.

King's Bench, on Friday, When a motion was made to tile 4
erbuitial info, illation against a Magistrate for outstepping the
bonds of his jurisdiction, in not only committing a man l'or a
Mod, but taking upon himself to intl'w•t penalties under the
Stainp Act. the Noble Earl concluded with moving fin• the
case, meaning to follow it in future by some direct proceed.
logs in fortlieranee of the opinions he had stated.
Lord ELLENBORoCCH contended that the authorities re-
ferred to by the. Noble Earl sanctioned the Magistrates in
committing and holding to hail all persons Chat with
crimes. Hale and Serjeant Hawkins recognized that right,
as Conservators of the Peace within their jurisdiction. In-
deed, the Magistrates load exercised that right in many
instances„ and Lord Camden was an authority for the
exercire of the powers of committal in the ciro-, of libel.
It was u monstrous proposition to stale that the Magis-
trate ought to have no power in cases of libel ; for an of-
fender might go on for the period of the long vacation, libell-
ing Government, and escape Isecause the Magistracy, accord
ing to the Noble Earl's doctrine, were not competent to ap-
prehend him. The Noble Lord here produced a variety of
recognizances, from William and Mary down to the present
time, where the Attorney-General held to bail betiu•c indict-
ment was preferred, or information tiled. This was proof of
the power exercised by the Magistracy, and consequently
num be taken as the law. He was not aware of any instances
in which the party accused might not be committed, except
in the cases of perjury and forgery, and there indictment was
necessary: if the practioe adopted since the Revolution walnut
sufficient to give legality to the prileendiligi of the ;Magistrates
in cases of this kind.

Lord Ensaimr: professed great respect for the opinions of
the Noble and Learned Lord, and those of the two Learned
Gentlemen,the object of the present motion. Ittit lie denied
that a Justice of Peace could Assoc his wan rant to hold to
bail fur libel. Sarli a circumstance had not occurred dur-
ing the period of the French Revolution, when the country
was inundated with libels. The I liwstion for consideration
wits, %Vhat is the COIIIIIIIIII law a 1• the laud lu respect of liiwl?
lf, as the Noble and Leagued Lord had said, this was the
law of the land, recognized by lb • recognizances which be
had this night prodeiced, why did tint the Noble Secretary of
state act upon that law at once, without going to the Law
°dicers of the Crown for their opinion?
The LORI) CIIANCELLOR h rd tio difficulty in saying that
the Noble Earl had argued the subject very learnedly, but
still lie could not agree with his eloctrines.—Many of the sub-
jects had been held to bail for ; if unjustly held, they
had their actions against the individuals who so held them.
Much had been said about the iiiterference of the Secretary
of State. Why, did the Noble Earl forget that in 1793 and
1;91a proclamation was issued, calling upon the Magistrates
to attend to publications of a seditious tendency, which in
those years rose to a great height ? Was it not the duty of• the
Attorney General to exercise the authority with which he
was invested; and to use a strong hind in repressing blas-
phemous and seditious libels, tending to subvert the govern-
ment of the country. With respect to the opinions of Attor-
nies General, would Noble Lords say that such 111(t11 as Mr.
Northey, Lord Maywood, Sir Dudley Ryder, Lard Mans•
field, none of them contemptible Laws cry, though compared
with the Tyros of the present day of Id or 15 years standing,
were not of some authority: these aide Lawyers were all of
opinion, that the practice of einitwitting before information
was legal. The .Notate• and Learrwel Lord read several cast s
in point, from the thise of Queen Amu,. to spew that perems
charged with blasphemous and seditious libels were lia-
ble to apprehension. Among others, in the reign of George
I. a man named 'Flionlas Paine, had three distinct libels
charged agoinst him. 'l'h,• question of to-night war, not what
the law ought to be, hut what the law really is. The Noble
Lord observed, that he had taken an active part in public
but it' Ist retirement, iii the decline of life, lie should
think that lie Inel heti, I:1C means of abridging ►he liberties
of his fellow sit resets, he shonld feel touch regret; but lie
could say, most cooseientionsly, that in all the prosecutions,
which in the disebaige el• his duty he bad instituted, lie had
been actuated solely by a desire to preserve the country.
Lord ifOLLAND contended for the necessity of producing
the paper called for. A great deal hail been said upon the
law, in answer to the statement of his Noble Friend, but he
must maintain that the authority of Lord Camden was far be-
yond the opinion of any Attorissy or Solicitor General. It
was well know', that on many occasions these Gentlemen had
fought to suppoi t infringements on the Constitution; there.
foie it %mild not avail to place such into in opposition to the
great testa riders. He eliforeeel the authority of Lord Cam-
den, to show that the Magistrate's were not vested with the
power contended for.

Viscount StiamouTii said, that in conseqnsnee of the vast
number of seditious dull blasphemous publications, circulated
by itinerant venders, the Magistrates had applied to him, and
he had taken the opinion of the Law Officers. On that opi-
nion he had written the eicular in question, and lie was in-
duced to do so, from a desire to preserve the peace of the
country, which was endangered by these venders, who bid
defiance to the Magistrary, telling them that they could nut
lunch them till the Sessiuus, and 'lief efore they would go on
disseminating their poison. With respect to the opinions,
they were clear, without the production of the case ; and
therefoi e seeing no necessity for laying it before the House,
he should object to the motion.
Earl Gur.y replied; after which, the House divided --Con-
triits,, 19—Non Contents, 73—Alajority against the Motigm,
50.—Adjourned at lialf past twelve o'clock.
The Duchess of Ctiniiierland was present during the de-
bate. Her Royal :•01 was introduced at the door
throtigh which the King as as accustomed to enter, and a seat
was prepared for her war the steps of the 'throne. She was
accompanied by the Duke of Cumberland and a lady.

TUESDAY, Mi 13.
Nothing important occurred.

WEDNESDAY, MAY 11.
'Elie Landlord and Tenant+, and the New Gas-Liglit Lon-
dun Company Hills Weie read a third time, and passed.

THM 1.1(, MAY 16.
This day being Holy Thursday, their Lordships did not
meet.

FRID4V, MAY 10.

HOMAN CATHOLIC CLA

The Earl of Donovan none called the attention of the
Homo to the Petition trim the Catho praying for the re•
niiival Of the iikabilitirl tinder which they laboured. The
Catholics cumpldined they were grio,sly itti%re vremeosted,
liipt lied, after ha.ina lafeu deprivi d of their
Noble Lord said lie had been tarnished with tra,to acaingt
Ilibm ut• We: tuwt Abominable teallAticy—au that it might be