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

MONDAY, APRIL, 28.

Mem TREMION.-31E. Justice Ilas ley, on mite: ing the
Court, proceeded to dither a charge to the pram' Jews,
who were in ant ndauce. The ',carded Judge 1111V1.1110'd u.
the teals of indict dent a hich wound ne laud tri foie the Grand
Jury, charging the crime of hich ifed•i/li against certain nub
Jiduais therein 11. !LI. 1111 the mil, the defiers...,
overt arts which it compris, d WOURI I 1:1111i1 e the most serious
investigation. There *melee :at many cousi.leiatiems applies*.
ble to each charge--iii the investigaiion of which they
be satisfied that each allegation was fairly made on., °rhor
they assented to h. It was Oa necessary that eve ry oseri
act in the indietinent .disniel uc proved ; but, if one or inure
were proved. beat ss onol Ise sufficient to Stith°. ize taem fu
find the bill. They would proceed deliberatety through all
the overt acts; and if they Wined alp of them snustantiateei by
evidence, they would, of course, seta.. a tine bill, wilt the
whole of the overt acts found ; but if ,t should turn mit that
some of them weir lint proved, then it 'would in.
strike nut frum the mil such averments as were not dotssup-
ported by evidence. Properly speaking., all the overt art•
must amount to %bat, in law, was denowenateel levying war
against the King. If certain acts were mote fur the purpose
of levying war, it would be their duty to (Intl a true bill un
those overt acts. As they acre the Grand Jeers for the comity
of Middlesex, it was neees-,ary that one, at least, of the "se
overt acts should have been e tool in 'hut county—anal,
Willey were satisfied that anyone of them was committed in
Middlesex, whether the others had been effected in London
or in ally other comity, they world slid find the bill. In
charges of high treason, it was necessary to have the facts
proved by two witnesses—but, if two overt acts were charged
in one count, a single witness in support of each charge
would he sufficient. It' they should be satisfied, from the ge-
neral nature of the es idence, that the allegation of the exist-
enee of treasonable practices was made out, it would then lee- I
come their ditty to consider the different charges, as they ap-
plied to the persons who were the suoject of this indictment-
In cases of felony, there were access:tries before the fact, as
well as principals—but with respect to treason, the case was
different. Its cases of treason, there could, in law, be ne ne-
cessaries berme the fact. Those who, in felonious cases,
would be only accessories, were, iu treason, considered prin-
cipals. If previous concert and conspiracy a ere proved,
having treasonable objects in view, that was sufficient ; for
every consultation of a treasonable nattier was looked upon,
in law, as an overt act. The Learned Judge said, he offered
these suggestions to the (linnet Jury, beeause they might be
material in directing their judgment, and not with any inten-
tion of influeucing their passions. Ile was desirous of in-
structing them, as to vs hat was their duty in the discharge of
their important functions, and not of leading or directing
their minds to any derision. It was most important, if trea-
son had existed, that it should be developed, and that the per-
sons concerned in it should be brought to trial. At this time
the chargo.was of the highest and most serious nature ; and,
• therefore, the Grand Jury should proceed with the utmost
circumspection. They ought na., and doubtless they will not,
return a time bill against those persons, unless the evidence•
fully satisfied them, that they had been guilty of some or all of
the charges alleged against them. The Learned Judge eon.
eluded by stating, that he and leis brother Judges would be
ready, when called on, to afford every information to the
Grand Jury in the execution of their solemn and important
duty.—'Clue Grand Jury then retired.
Previous to the rising of the Court, the Grend Jnry came
in and dellvertsd their Hills, when it appeared they had
f ('true Rills against Watson, sea. ; %Vinson, Jon. ; Hooper,
Thistlewond. and Preston. And the had thrown out the bill
against, the sixth. individual (tamed Keense) presented to
theof.

MAY 5.

Opinion of the Law Officers of the Crown, referred in
in the Circular Letter front Viscount Silmouth to
his Majesty's Lieutenants of Counties of England
and Wales, dated 27th of March, 1817.
" We are of opinion, that a warrant may be issued to ap-
prehend a party charged on oath tier pnblishinga Witt, either
by the Secretary of State, a Judge, ur a Justice of the
Peace.

" With respites to the Secretary of State in the case of
Entiek r. Carrington, as reported by Mr. Hargrave, though
the r,sort were of opinion the warrants which were then the
Atibjest of discussion w ere illegal, yet Lord Camden declared,
act( a which he seated the ether Judges agreed with him,
that limy were- bound to adhere to the determination of' the
Queen r. Des by, and the King r. &ninny, in troth of which
cases it had been holden, that it was competent to the Seere-
tary of State to issue a warrant for the appreliviesion of a per.
son charged with a scandalous 1111(1 indigene. libel ; and that
they, the Judges, had no right to overturn those decisions.
" With respect to the power of a Judge to issue suck
warrant, it appears to ns, that at all eyelets, metier the Sta-
tute of the 45th Geo. 111. cb.4B. a Judge has such power,
upon as :snide% it Ming made in tonrstiance of that act; a
Judge would peobahly expect that it should appear to be the
intention of the Attorney General to file au information
against the person charged.
" With respect to a Justice of' the Peace, the decision of
the Court of Common Pleas iu the case of Mr. IVilkes's libels,
only amounts to this—that libel is not such an rebut/ breach
of the peace as to deprive a number of Parliament of his
Privilege of Parliament, or to warrant the demanding sure-
ties of the peace Irons the defendant ; but there is no deci-
slots or opinion that a Justice of the Peace might not appre.
bend any person. Had so privitedgeol,. and demand hail to be
given to ritswe4 the charge. It has certainly been the opinion
of tow of our most headed itretleeessors that such warrants
Ma) be issued and acted upon by Jostler.* of the Peace, as
appears by the cause allies. Spence and Alexander Hoeg,
in the year MI. 1t e age ce in that opinion, and therefore
think that a Justice of the Peace may,itssue a warrant to ap.
prehead a person Chat Red by infbrination on oath with the
publivat ion ofa scandalous and seditious libel, and to compel
bins to give bail to any such charge.
" W. °ARROW.
" Lincoln's Inn, frb. 21, ISt?. " 11. SHEPHEHD.',
At the Lancaster Quarter Sessions, held at Ormskirk on
Monday last, R. Esq. the Chairman, contninnieated
to the rest of the Magisti ales on the Bench the Circular Let-
ter of Lord Sid.eioutli to the the Lords Lieut.-omits of Coon.
ties in England anti At ales.
On the penisal of this letter, Colonel Williams remarked,
that the nit dim through which it was eotolunciented to the
M.egistrates appeared lather extraordimity, its the Lord.
latmtunant was lovingly the • •tary and nut the civil mad
of the county. Hr semarked also, that the legal authorities
referred to ha his Lordship, its Moving sanctioned the pottered-
tll4:s of tiosermatent on this subject, were assuredly objection-
-11)1P, as these eawofficers must be eusisideted as immediately
unites the intinesice of tier Crown; and that the Judges, Ire ra
Muir indepesideni situutnut, were the proper m1114'4'44 3 10
ronsolt on any great question of national pities. He woe-
oo• d that a reply should be sent to the Seerrtaty of 5411 f,
is rrnitil the Lord.Lientenant, porton tine that the al ititist alt I t..s
0.. s remity w ere per temly an al v of their tholes, cud a, Ind
have been most ready to eosin omit their efforts to the fere-
serration of the pe.ece of the comity, curt shout le that t xpt,ra•
recommendetieem had out inch sent : that 111i7 wore also per-
fvetly acquai 111 l s wi Is the just tights and presoLativ e o 1 the
Executive pow 4-1, and we Hill alw ids hr loom' out Icss ready
to so art every lust exerente of its authority, than to maia-
taiu tudcfrud lin rtubts and pt iv ilt.p.s of the people.
•the cle,eireisaa opi-osed the proposition as beim¢ contrary
to the n•hal pi active of the NSA! ill Cast,: 01,11j2 hasps e
and he -au, no reason for dried' ting from an established 4.us-
tum on the present occasion. lie moved, therelMe, that the
Court should now, pass to the business of tit day.
Mr. Huhutshed HIM the Rev. Mr. Hamlet sl.oke on the
same side of tile qesestion.
__ _ .

,
Mr, Gialstone, af7er stating that lie should oppo:e the pro.
position of Col. Withants, observed, that it wit, the doh nut
only of every itlagistiate, but of rrery in.lividual, to Ilse his
utmost ext.' tutus in potting down the impious and injtan.tha.
li•ry publications to whi it the letter alluded: compositions
adapted oitt.s to the lowest passions and 'prejudice, or the ig-
norant Rita unwary. The letter of Lord Side:ton:lt st;ts not
intended so ninth to infosni the Magistrates of their duty, or
to s tote their activity. as to acquaint them with the law
on the subject. In the due execution of this low. they were,
of course, intended to he left to the exercise of their own tiis-
cretion. Col. Williams's proposition was then negatived.