The National Register.
London, England, 1820-03-26 00:00:00

[Pnicr. Sid.

much sooner if he had been proceeded aAaiiist in the
regular and constitutional stay. A quibbling, pettilog•
sing course had, however, been adopted. The Jolty
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
sursatiLdoisiet eat brought this trial on in a disturbed
Aistrict) This was dove. on the hope that prejudice aml
hostility to him, arising from misunderstanding of his
character and political feelings, might procure a cons ie.
non in this county. The very manner in which this
prosecution was instituted was a libel on 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. Bolt he cared not, what the
design was. When he saw twelve of his countrymen
ph* into a box to decide upon such a question at this,
Le was confident that they would be guided by their
duty to their oath, and their feelings of honour. He
was sensible that in such a case hottest into always left
prejudice and passion at the door, apt{ were more upon
their guard in their decision, than when they arts not
placed in such a situation. Those he was now address.
tog were called upon to decide upon a fact, with respect
to which There is not a shadow of woof, not even of pro-
bability. He was sure that 12 jurymen never could be
per oraded that he had acted on the motives attributed to
him, but Mr. Attorney could have nothing but had mo-
tives for his conduct. It had been contended that it was
extremely easy to distinguish between what was a libel
,and what was not, that it wat a matter of easy judgment,
and that he who ran might read upon such a subject.
To hint, however, it appeared a question of extreme
difficulty. It never was imagined that the publication
of a mere libel, without any qualities ascribed to it,
could constitute an offence. A libel was in itself
nothing : 'it was the eliminating evidence designating
the intention, the maids animus with which it was
written, that could alone be of any importance. If he
had the good fortune, for so he might call it, with
reference to his present 'Mutation, and the charge which
he was now ealled'on to repel, to be accused of monist
or burglary, he should know what it was that fie had
in defend. He should then have something tangible
to deal with, and understand clearly to what he had to
address himself. In murder, the question distinctly
was, whether the act was done with malice prepense.
But he challenged the Attorney-General to give a de-
finition of what was a libel, or to prove that that ought
to Ite considered a libel in Leicestershire which he did
not choose to try in %Westminster ; where, iu point of
fact as well as law, the publication took place. The
jury were, no doubt, aware, that verdicts of guilty had
been obtained in distant parts of the country, in cases
where the defendant had been acquitted in tier metm-
oohs. But the whole system of tire law of libel-had
been but rowed from the slavish imperial code, and hall
&swished in full vigour under a succession of Roman
emperor., to one of whom the learned Counsel hail
alluded, and whose names were sytioninnitis with infamy.
In his opinion, the cominutlication of truth to the public
must at all times be advantageous. The care of the seven
lii,hops had been alluded to, and ill various respects it
bole a strong application to the present trial. Judge
Powell, ma that occasion, said, the libel ought to be
proved to he false, wicked, and seditious. Vet thirty
were generaliy to be considered bad limes, and
awl), succeeded the Itevolittimi--Ai erect chiefly b 1111 l ght
ahout by the disgust and indignation which the scanila-
louts proceedings of the Judges had excited. Chief
Justice Wright held, th it to support the charge, au ill
totem our on ‘lit to he made out. Only one of the judges
then thought with the leas tied gentlentaii, that w hates er
urrinAlit tile Goer iiiii ent into hatred or contempt, via,
necessarily'a libel ; and he trusted that no jury would
sanction such a principle, even were all the judges to
declare to its Latour. As was said in the preamble to
one of the statutes of high treason, that no man could
before state in what 111:q cnrt.e consisted, so he ititglit
assert that im ur n etittli!ov it ile tins mode of prosecoooo
was adopted, communicate on 'Millie matters to his
conntryinen without a lia:nlity to be brought before a
court of justice. Upon this whatever was
otlensive to a NI iiiisier of ti.e Como 'night be consulted
11110 a and he made toe sittijeet of a criminal war-
mation, by toe Attorney General, who he must repeat,
mould only be regarded as the Minis.er's creature. W' hi n
Mr. Somers published his appeal in favour of theChtirch
of England, the Attorney General of that day, aiming
at the re-establishment of popery, pronounced that work
to br a !liar I. Indeed it would app. ar to Imo, from tie
principles laid down by the learned gentleman (Mr.
: jeant V itighan), that he too would have made a '
N.. I
lIV I t it o.ki I Attorney General to the Emperor Nero.
'lied told thew, linked, 1114 hail he lived at the tote ore! At;
the revolotion, he mould have alyiateleil the sevenr
bishops iOr what they had ;lone.- 11 wa. unfortunate
that the learned gentleman's puriottitil he ante.
diced, and that th,.. country Cliii I not reap the benefits
of it at the present moment. The le.o-Je,'. eeingeinat,
AS a man el classical literature, at:•l he odd then-tote
him of rite hire in the Koolau no- I
Nullis est grans wrens/ins Achille.'"
)'here had Writ all .141111iiiiNilaii.,s—ist .111.tt at
the head of which was NI. r
(Far eedinttati4m Set r:Ci- 1410.)


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