The Sun.
London, England, 1839-08-07 00:00:00

LONDON, WEDi\ ES DAY, AUGUST 7,18 A.

CONVENING OF THE CONVENTION.
Resolved—That the Convention be Convened and do
Meet in London upon the 26th of AucusT, and that each
Delegate be requested to bring with him the Addresses and
Resolutions which shall be passed at such Meetings as they
have attended, and that those districts not represented in the
Convention be requested to transmit their Addresses and Reso-
lutions to the Secretary of the Convention.
W. G. BURNS, Chairman.
T. R. SMART, Secretary.

P ÜBL I CATIONS.

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Paternoster-row ; and may be procured by order of every Book-
seller in Great Britain.

COUNCIL. OF THE GENERAL -CON-
VENTION.
At MEETINGS of this COUNCIL held at the ARUNDEL
COFFEE-HOUSE, Strand, on MONDAY and THURSDAY, tl.e sth
ar.d 6th August, the following resolutions have been unanimously
agreed to : _ _ _

This day is Published, in 12mo. cloth boards, price 66.,
Edition of a Second

11: EIVIARKS on SHOOTING and the.GAME
• LAWS in Verse, revised and enlarged, with some
Verses on Trolling and several Familiar Fables. Also the
Diseases and Cure of Dogs, the Art of Shooting Flying, &c.,
interspersed with several Anecdotes and Tales, the whole ac-
companied by numerous Explanatory Notes, in Prose, ad-
dressed chiefly to young sportsmen.
London : A. H. Bailey and Co., 83, Cornhill.

Moved by BRONTERREI O'BRIF.N, seconded by FEaRGUS O'CONNOR.
1. Resolved,—That from the evidence which has reached this
Council from various parts of the country, we are unani-
mously of opinion that the people are not prepared to carry out
the "Sacred Month" on the 12th of August. The same evi-
dence, however, convinces us that the great body of the
working people, including merit of the Trades, may be induced
to cease work on the 12th inst., for. two or three days, in order
to devote the whole of that time to Solemn Processions and Solemn
Meetings, for deliberating on the present awful state of the country,
and devising the best means of averting the hideous despotism with
which the industrious orders are menaced by the murderous majority
of the upper and middle classes, who prey upon their labour. We, at
the same time beg to announce to the country that it is the deliberate
opinion of this Council that unless the Trades of Great Britain
shall cooperate, as united bodies, with their more distressed
brethren, in making a Grand National Moral Demonstration, on
the 12th instant, it will be impossible to save the country from
a revolution of b'ood, which after enormous sacrifices of life
send property, will terminate its the utter subjection of the
whole of the working people to the monied murderers of so-
ciety. Under these circumstances we implore all our brother
Chartists to abandon the project of a Sacred Month, as being
for the present utterly impracticable, and to prepare them-
selves forthwith to carry into effect the aforesaid constitutional
oi:jects on the 12th inst. We also implore the United Trades.

FROM LAST NIGHT'S GAZEVIE.

At the Court at Buckingham Palace, the 31st day of July,

1839
Present, the QUEEN's host Excellent Majesty in Council.
This day the Right Hon. Sir Charles Theophilus Metcalf,
Bart., G. C. 8., was, by her Majesty's command, sworn of her
Majesty's.. Most Honourable Privx,Coapeil, and took his place
at the Board accordingly.

DOWNING-STREET, Aucusr
The Queen has been pleased to direct Letters Patent to pass
the Great Seal of the United Kingdom of Great Britain and
Ireland, nominating the Rev. John Strachan, D. D., Arch-
deacon of York, to the Bishopric of Toronto, in the Province of
Upper Canada.

if they would save the country from convulsion, and themselves
and families from ruin, to render their distressed brethren all the
aid in their power, on or before the 12th inst., towards realising
the great and beneficent object of the holiday.
Men of the Trades! the salvation of the empire is in ycur
hands!

DOWNINGISTREET, Ave. 5.
The Queen has been pleased to direct Letters Patent to pass
the Great Seal of the United Kingdom of Great Britain and
Irel,,nd, nominating the Rev. Aubrey George Spencer, D.D.,
Archdeacon of Bermuda; to the Bishopric of Newfoundland.

2. Resolved,—That at the aforesaid meetings the people he re_.
commended to address the Queen, (to be signed by the Chairman
on behalf of the Meeting,) representing to her Majesty the We.
gality and arbitrary conduct of various local authorities—insti-
gated and encouraged thereto by the Government—in dispersing
peaceably-conducted meetings, convened only for the discussion of
the people's'undoubted grievances, and in arresting and imprison.
ing those who took part in the same; and calling upon her Majesty
to dismiss the Ministers guilty of these atrocious infractions of a peo.
pie's rights; to dissolve the existing Parliament, whose undisguised
hostility to the people cannot fail to involve the country in all the
consequences of a bloody revolution; and to call together a House
of Commons, to whom her Majesty should recommend the adoption
of Universal Suffrage and a Repeal of the Legislative Union between
Great Britain and Ireland, as Cabinet measures : —and further, that
the people at the aforesaid meetings be recommended to adopt reso-
lutions expressive of their adherence to the principles of the People's
Charter, and pledging themselves never to desist from their exertions
to -establish those principles, and so to organize their several
localities, by the appointment of Committees and otherwise,
that we may speedily obtain, through the united and determined
voices of the people of the United Kingdom, the enactment of the
aforesaid measures, as essential to the salvation of the country.

WAR-OFFICE, AUG. 6.
431 Regiment of Foot— Lieutenant-General Sir J. Keane,
K.C. 8., from the 46th Foot, to be Colonel, vice General Lord
Howden, deceased, Aug. 1.
46th Foot—Lieutenant-General J. Rosa, from the 98th Foot,
to be Colonel, vice Sir J. Keane, appointed to the command of
the 43d Foot, Aug. 1.
93th Foot—Major-General Sir W. Cotton, K.C.8., to be
Colonel, vice Ross, appointed to the command of the 46th Foot,
Aug. 1.

\VAR-OFFICE, ALAN' 16.
AIEMOICANDU 11.—Her 11Iajesty, has been graciously pleased
to permit the.B3ili, or the King's Light Infantry Regiment, to
resume oa its colours and appointments, the motto, " Aucto
splendorc rc,,surgo," which was authorised to be borne by that
Regirrwnt oa the 3d August, ISIS.

Commisions signed by the Lord Lieutenant of the County of
Middlesex.
Uxbridge Yeomanry Cavalry-.--F. W. Cox, Gent. to be
Lieutenant, vice A. F. Greville, resigned ; C. N. Newdigate,
Gent. to be Clrnet, vice F. W. Cox, promoted

Moved by Mr. CARPENTER, and seconded by Mr. J. M'CREA.
S. Resolved—That the various Radical Associations and Trades'
Unions throughout the country are hereby requested by this
Council to reprint the above resolutions from" Tit E SuN" Newspa;,er,
and to circulate and placard the same as speedily and extensively
as possible, in order that the whole country may prepare for the 12th
of August.

EDWARD MERCER, grocer, Capel, Kent.
RICHARD BRIGHT, chemist, Holborn.
BANKRUPTS.
WILLIAM MOXEY KNIGHT, printer, Angel-court,
Skinner-street, to surrender Aug. 13, at one, and Sept. 17, at
twelve, at the Court of Bankruptcy. Turquand, official
assignee, Copthall-buildings; Walters and Reeve, Basinghall-
street.
CHARLES THOMPSON, builder, St. Andrew's-road,
Harsemonaer-lane, Surrey, Aug. 14, at half-past twelve, and
Sept. 17, at two, at the Court of Bankruptcy. Graham, official
assignee, Basinghall-street; Meymott, Stamford-street.
.MICHAEL scARTII, miller, Bishop Wearmouth, Dur-
ham, August 30 and September 17, at eleven, at Kay's Hotel,
Bishop Wearmouth. Brown, Bishop Wearmouth; Moss, Old
Jewry, London.
FREDERICK PLANK, perfumer, Plymouth, August 19,
at ten, and September 17, at eleven, at the Royal Hotel, Pl-
mouth. Blake and Lewis, Essex-street, Strand, London;
Pritleaux and Were, Plymouth.
SARAH and WILLIAM RICHARD LUCE, drapers,
Pontypool, Monmouthshire, August 17, and September 17, at
twelve, at the Commercial Rooms, Bristol. Holme, Loftus and
Young, New-inn, London; Prideaux, Bristol.
ALEXANDER 'WILLIAMS, fishmonger, Wii,more-street,
Cavendish-square, August 15, at half-past one, and September
17, at two, at the Court of Bankruptcy. Robinson, Orchard-
street, Portman-square ; Whitmore, Basinghall-street, official
assignee.

Moved by Mr. O'BRIEN, and seconded by Dr. FLETCHER.

PRIVATE TUTOR.

A CLERGYMAN, for some years Tutor to
-CIL a Nobleman, and subsequently receiving SIX PUPILS
into his house, a moderate distance from London, would be
glad to fill a VACANCY with a Gentleman's Son, wkose
Education or Health may require more than common attention.
Letters addressed to the Rev. J. C. C., Post-bffice, Harap-
ton •Court, Middlesex, will be forwarded to him.

A N Opportunity is now offered to those who
.EIL have a taste for the FINE ARTS, of rare occurrence—
that of PURCHASING some WORKS, of the BEST MAS-
TERS, in their Original State, the present Owner having had
them in his possession several years. Among them will be found a
Claude, an old Portrait of Shakspeare, by C. Janson, and others
of high repute; a Copy of Macklin's Bible, 7 vols., the Copy-
right of a curious Biblical Work, and some curious Manuscripts
and Books. To be seen for a short time (the Owner being
about to leave England) at 30, College-street, Chelsea.

JAMES PAYNE LLOYD, biottnaker, Coventry-s!Teet,
Haymarket, August 15, at half-past eleven, and September 17,
at eleven, at the Court of Bankruptcy. Turner and Hensman,
Basing-lane, London; Hensman, Northampton; Turquand,
Copthall-buildings, official assignee.
THOMAS TAYLOR, builder, Wednesbury, Staffordshire,
Aug. 23, and Sept. 17, at eleven, at the Swa'i Hotel, Wolver-
hampton. Simpson and Moor, Furnival's Ilulborn,
London. ; Woodward, Wednesbury.

NICHOLAS HdYLE and DENNIS GRUNDY, cotton-
spinners, Hinds, Lancashire, Aug. 20, and Sept. 17, at eleven,
at the Commissioners' Rooms, Manchester. Appleby, King's-
road, Bedford-row, London ; Grundy, Bury, Lancashire.
JAMES LEE, baker, Princes-street, Lambeth, Aug. 14,
at twelve, and Sept. 17, at one, at the Court of Bankruptcy.
.lark, official assignee, New Broad-street-court, New Broad-
street ; Phillips, Clement's-lane.
WILLIAM and JAMES LEE, druggists, Stockport, Aug.
20, and Sept. 17, at one, at the Conatnt3sler 111: n-
r's nomna,
chest°, Fisher Doncaster; Lever, King's-road, Bedford-
row, London ; Hudson, Stockport.
GEORGE JACKSON, timber-merchant, Birmingham,
Aug. 16, and Sept. 17, at twelve, at the New Royal Hotel,
B e
vl f rLdrirroAwi
IL
coo
Do nH;
ANI
10-rmße
racr
hl oasnv
t, BNi romt
ti
inngghhaamm..
Birmingham. Adlington, Gregory, Faulkner, and Follett,
Aug
15, and Sept. 17, at Etvelve, at the George the Fourth Inn',
Nottingham. Bicknell, lieberts, Finch, and Neate, Lincoln's-
inn-fields, London ; Drabble and Waller, Chesterfield, Derby:
shire.

WILLIAM PARLOUR, share-broker, Liverpool, Aug. 19,
and Sept. 17, at one, at the Clarendon Rooms, Liverpool.
Vincent and Sherwood, Temple, London ; Kenny, Liverpool.
JOSEPH SCOLES, dealer, Blackley, Manchester, Aug.
21, and Sept. 17, at two, at the Commissioners' Rooms, Man-
chester. Johnson, Son, and Weatherell, Temple, London ;
Woods, Manchester.

•
THOMAS HALL, grocer, Walsall, Staffordshire, Aug. 24,
at three, and Sept. 17, at twelve, at the Swan Hotel, Wolver-
hampton. Amory, Throgmorton-street, London ; Parkes and
Bray, Birmingham.

TRISTR A-Al BATH, grocer, Truro, Aug. 13 and Sept.l7,
at eleven, at Pearee's Hotel, Truro. Adlington, Gregory,
Faulkner, and Follett, Bedford-row, London; Paul, Smith,
and Roberts, Truro,

TO BE HAD AT ALL THE LIBRARIES.
THE NEW NOVELS
Just published by Mr. COLBURN.
1. TEMPTATION ; or, A WIFE'S PERILS. 3 vols.
2. The LION. A Tale of the Coteries. 3 vols.
3. FAIR ROSAMOND. By the Author of " Royston
Gower." 3 vols.
4. CRANMER. A Tale. 3 vols.
5. The BANISHED. Edited by JAMES MORIER,
Esq. 3 vols.
6. The HIGHLAND INN. 2 vols.
7. The PHANTOM SHIP. By Captain MARRYAT.
3 vols.
8. The YOUTH of SHAKSPEARE. By the Author of
" Shakspeare and His Friends." 3 vols.
9. The ONLY DAUGHTER. A Domestic Story. Edited
by the Author of " The Subaltern." 3 vols.
10. GURNEY MARRIED. By THEODORE HOOK,
Esq. 3 vols.
Henry Colburn, Publisher, 13, Great Marlborough-street.

GEORGE WAiiBURTON, victualler, Manchester, Aug.
21 and Sept. 17, at two, at the Commissioners' Rooms, Man-
chester. Norris and Allen, Bartlett's-buildings, London ;
Prescott; Manchester.

DIVIDENDS. '
At the Court of Bankruptcy, Basinghall-street.
G. Finister, brewer, Edmonton, Middlesex, Aug. 27, at
eleven—T. E. Southby, hatter, Beech-street, Barbican, Aug.
29, at half-past eleven.
In the Country.
L. M. Bennitt, milliner, Sherborne, Dorsetshire, Aug. 28,
at one, at the Antelope • Inn, Dorchester—J. Wood, cloth-
manufacturer, Saddleworth, Yorkshire, Sept. 9, at eleven, at the
George Hotel, Huddersfield—O. V. Harvey, mercer, Penzance,
Cornwall, Sept. 13, at one, at the office of Mr. Millett,
Penzance—R. Thornton, brewer, Beccles, Suffolk, Sept. 2, at
ten, at the White Lion Inn, Beccles—T. Davies, tailor, Lewes,
Sussex, Dec. 12, at twelve, at the Town-hall, Brighton—J.
Bridge, sen., J. Bridge, jun., and G. and J. Smith, road-
makers, Sheffield, Yorkshire, Aug. 28, at one, at the Town-
hall, Sheffield—J. W. Cook, tailor, Dover, Kent, Aug. 27, at
eleven, at the Bell Inn, Sandwich—J. Marshall and I'. Collier,
merchants, Manchester, Aug. 28, at eleven, at the Commiss Ton-
ers'-rooms, Manchester.
CERTIFICATES.—AUGUST 27.

Now ready, Bvo., 7s. 6d.
WELVE SERMONS delivered in the
NEW TEMPLE of the ISRAELITES at HAM.
BURGH.

. By Dr. GOTTHOLD SALOAION ;
And Translated from the German
By ANNA MARIA GOLDSMID.
" Among the motives which have led to the publication of
these Sermons, is the hope that from their perusal many of my
Christian countrymen may derive a better knowledge of the
actuating faith of the Jews To these Sermons I confidently
ask the attention of the kindly and conscientious Christian. I
may add, that many of them may be found available for persons of
every religious denomination and sect. If, in religiousdiscussion,
men of all creeds would seek, not points of difference, but points
of agreement, how much of the strife and bitterness that deform
God's earth would disappear !"—Translator's Preface.
John Murray, Albemarle•.street.

--- -
J. Stock, innkeeper, Preston, Laneashire—N. C. 131a1e,
merchant, Calcutta—F. Burghart, tailor, Clifford-street, Bond-
street—E. Cawley, upholsterer, Bridport, Dorsetsh —J.
Guy, carpenter, Gloucester-place, Vauxhall-walk, Lambeth—
C. Fenton, plumber, Clement's-lane, Lombard-street, C ity—
T. Cole, stationer, Leldenhall-street, City—J. D. Will lams,
ironmonger, Carmarthen—E. Mason, lace-manufacturer, . Ilan-
ehester.

Tenth Edition, enlarged, with an Illustrative Plate, price Gs.
neatly bound in cloth ; or 9s. elegatitly bound in morocco.
THE RECTORY OF VALEHEAD.
By the Rev. R. W. EVANS, M.A.
" Universally and cordially do we recommend this delightful
volume. Impressed with the genuine spirit of Christianity ; a
diary, as it were, of the feelings, hopes, and sorrows of a
family ; it comes home to all, either in sympathy or example.
It is a beautiful picture of a religious household, influencing to
excellence all within its sphere. We believe no person could
read this work and not be the better for its pious and touching
lessons. It is a page taken from the book of life, and eloquent
with all the instruction of an excellent pattern ; it is a com-
mentary on the affectionate warning, ' Remembr thy Creator
in the days of thy youth.' We have not, for some time, seen
a work we could so deservedly praise, or so conscientiously re-
commend: —Literary Gazette.

" This little volume is so infinitely superior to the general
run of publications of its class, that we would strongly recom-
mend it as every way calculated to form an appropriate and
valuable present upon all occasions."—Herald.
Smith, Elder and Co., Cornhill.

WYLD'S GENERAL ATLASES.-
A GENERAL ATLAS of the WORLD, contain-
lig Fifty-Iwo Mops. Colombier folio, full colet...vd, 101. 10s.
half-bound.

GENERAL ATLAS of the WORLD, containing Thirty
Maps, Full coloured, 6/. 63. half-bound.

QUARTO ATLAS of the WORLD. Full coloured, con-
!aining Fifty-two Maps. 2/. 12s. 6d. half-bound.
WYLD'S SCHOOL ATLAS, with a copious Index. 12s.
ATLAS CLASSICA, 12s.
*** These Atlases contain all the recent discoveries.
GLOBES. £ s. d.
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Ditto on short mahogany stands
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Wyld's Use of Globes 0 3 0

TO INVENTORS, PATENTEES, AND PATRONS OF
THE ARTS.
riPHE INVENTORS' ADVOCATE, and
L !PATENTEES' RECORDER ; a Weekly British and
Foreign Miscellany of Inventions, Discoveries, and the Fine
Arts (No. 1., price Bd. stamped) will appear on SATUR-
DAY, August 17. Published for the Proprietors by W•
Kidd, 7, Tavistock-street, Covent-garden, to whom all Adver-
tisements, Communications, Prints, Books, &c., for Review,
should be forwarded immediately.

131101INGHAINI RIOTS.

WARWICK ASSIZES.

TRIAL OF WILLIAM LOVE .11.
FOR SEDITION.
WARWICK, TUESDAY EVENING.
The trial of Mr. Lovett, the Secretary to the General
Convention cf the Working Classes, for the publication of
a seditious libel, came on this morning ; and it being un-
derstood that Mr, Lovett would defend himself, there was
a good deal of eagerness aril anxiety manifested to obtain
admission to the Court which was crowded in every part,
long before the hour appointed fur commencing. the pro-
ceedings.
Mr. JUSTICE LITTLRDALE having taken his. seat, and
the Jury having been called over,
William Lovett, 39, who had been out on bail, was then placed
at the bar. The indictment charged that on the 4th day of July,
in the third year of the reign of our Sovereign Lady the Queen, at
the parish of Birmingham, in the county of Warwick, 10,000 per-
sons unknown, with force and aims, unlawfully assembled, armed
with divers offensive weapons, to wit—sticks,- clubS, and daggers,
and bearing banners and flags, and were then and there
snaking a great noise and disturbance to the great terror
and alarm of the peaceable subjects of our Lady the Queen :
That George Martin mut John .Hugh Sweeting, together with
certain other persons, forming and being part of the London Me-
tropolitan Police, having theretofore been sworn in, and then
being special -constables of the said borough of Birmingham, in
pursuance of the statute in such case made and provided, did, by
the order and direction of Wil!iam Scholefield. Esq., and Julin
Raye Booth, Esq., Justices of our said Lady the Queen,
assigned to keels the peace, disperse, separate, and remove, and
cause and procure to be dispersed, separated, and removed the said
unlawful assembly ofpersons,and that they the said George Martin and
John Hugh Sweeting, together with the said other persons forming
part of the said Metropolitan Police force, then and there acting in
the due execution of their duty, as such special constables, in dis.
persing and causing to be dispersed the said unlawful assembly :
That the said William Lovett, being a person of a wicked, seditious,
and disaffected mind and disposition, and devising, continuing, and
intending to excite divers liege subjects of our lady the Queen, to
violate, resist, and oppose the laws of the realm, and to resist and
oppose the parsons so being part of the London Metropolitan Poac e
in the due execution of their duty, and to bring into hatred and
contempt the said Metropolitan Police, and to cause and

prccure divers unlawful meetings, of the subjects of our Lady
the Queen, and to cause divers of the said subjects to believe that
the laws of this kingdom were unduly adruin:stered within this
realm by the persona appointed to administer the same therein, and
unlawfully contriving and intending to disturb the public peace,
and to raise discontent in the minds of the subjects of out L ady the
Queen, and to raise and excite tumults and disobedience to the
laws, did afterwards to wit, on the sth day of July, write and
publish and cause to be written and published, a certain false,
malicious, scandalous and seditious libel of and concerning the said
_persons, so being part of the London 'Metropolitan Police ,and of and
concerning the administration of law and justice within this realm,
containing the false, scandalous, libellous, and malicious matter fol-
lowing, that is to say :
(The Resolutions of the General Convention, which appeared in
our report of the trial of Collins yesterday, were then read.)

The defendant pleaded Not Guilty.
The ATTOaNEY-GENERAL said he understood Mr. Lovett would
defend hirnsetf, and as it would be more convenient to him to stnnd
or sit at the table, he had no objection to that being done.
The defendant accordingly took his place at the table, and the
Jury were then sworn.
Mr. Lovett said he bad an objection to make to two of the
DECLARATIONS OF INSOLVENCY. • Jurors.

The ATTORNEY-GENERAL said that might be done, but only upon

shown,

Mr. Lovett said he objected to them on account of certain ex.
pressioas they had used, namely, that they wished all the Chartists
were hanged.

ThU AT I'OIINEY-G ENERAL—You must give some evidence of that.
Mr. Lovett—l fear there would be some difficulty about the
proof now.

The ATTORNEY-GENERAL &iitl it should be understocd that in
cases/ of felony the prisoner had a right of peremptory challenge
without cause shown, but in cases of misdemeanour there could
only.be a challenge upon cause shown and proved.
Mr. Lovett bad made no objection to the persons selected, un-
derstanding that he could afterwards object to any he thought
proper.

The ArronNsv-GENEnaL—They have not been selected—they
have been fairly chosen by ballot, and I have not interfered in the
slightest degree.
The defendant was then given in charge to the Jury, and
The ATTORNEY-GCNERAL proceeded to state the case. He said
he was most anxious that the defendant should have a fair and
Partial trial, and so far as it rested upon him, he had intcrfered to

give him all the advantages possible to enable him to conduct i:ie
defence. There was a very serious offence laid to his charge, but
unless they (the Jury) were convinced of his guilt it would be their
duty to find a verdict of acquittal. He was sure they would not
be influenced by anything they had heard before they entered the
box. He was satisfied that their minds were free front all
bias and prejudice either upon the one side or the other, and that
the verdict they would pronounce would be the verdict of truth and
justice. It would not be necessary for him to occupy any very
considerable portion of their time in detailing the circumstances
under which the defendant stood charged. He might, he hoped,
without any impropriety say that they were aware there was a eery
dangerous riot in the town of Birmingham on the evening of the
4th of July, and the nature of that riot would be proved before
them in evidence. He should call witnesses to prove that there
was an unlawful assembly there, and that the Magistrates in the
discharge of their duty did what was necessary for the suppressicn
of that riot—that the officers of the law were resisted and were
overpowered—that several of them received wounds by which their
lives were endangered. He should either tender the evidence of
time witnesses examined yesterday on these points, and place them
in the box, in order thct the defendant might cross-examine
them, or lie would call and examine them a second time,
but the former course would, it appeared to him, s.tve
a gaol deal of te public time. It was for the defenclmt to say'
tchich ,oursshould
ba adopted. Either one way or the other, it
Would appear that there were long-continued meetings in a public
place in Birmingham, called the Bull-ring, where there wt.', a
great many shops and important business transacted, and that the
Magistrates in the discharge of their duty did all they could to
suppress these meetings. Their efforts were ineffectual—the
meetings were persisted in, and became more numerous and
disorderly every day. From the defective state of the Birrninghem
police, it was necessary to procure some assistance for the preserva-
tion of the public peace. The Learned Gentleman then detailed the
circumstances relative to the Magistrates having applied for and
procured the assistance of a body of the metropolitan police, end
the riot and assaults that had afterv. ards taken place on their at ri.
cal in the Bull-ring. He then proceeded. Such a scene was not
known in Birmingham for many years. He believed in the year
1750 or 17S1 serious riots had taken place in that town, but
from that time to the present, although there bad been many and
numerous meetings, he was not aware that the public peace
had been so disturbed, or that so much injury had been done to life,
person, and property, which caused the description to be applied to
it that " Birmingham was like a town taken by storm." Now
under such circumstances what was the duty of every loyal and
peaceable subject? Why if it was supposed that any violation of
the law had taken place, an action might have been brought against
the parties. But what was the conduct of the defendant ? Mr.
Lovett could not deny that the document he (the Attorney-Ge-
neral) held in his hand was in his hand-writing, nor could he deny
that he was the composer and author of the printed bill now lying •
before him,to which his name was attached. In the course of the
following day came out what indeed might be called a proclamation
from the General Convention, of which Mr. Lovett described him-
self as the Secretary. Instead of appealing to the inhabitants, and
advising them to be quiet, and to appeal to the laws for redress if
they had been violated, there came out the most inflammatory
address, which was calculated to rouse their passions, to exas.
perate them to the utmost degree, and to lead them to
acts of violence and outrage; and to that handbill must, in a
great measure, be attributed the melancholy effects that followed
in the succeeding week. That document pretended to be resolu-
tions unanimously agreed to by the General Convention, and was
signed" By order, William Lovett, Secretary," with all the form and
solemnity of a proclamation by her Majesty Queen Victoria. Now,
what were these resolutions which he would prove to be in the
handwriting of Mr. Lovett ? The Learned Gentlemen here read
the resolutions, and commented at some length upon their tendency
and effect. Now, if persons were allowed to excite the people to re-
sistance and opposition to the law, society could no longer exist in
that country, and no publications or speeches, making and leading
to a violation of the law, or breach of the peace, could be tole-
rated, else there could be no security for life or property.
If these proceedings were tolerated, the natural conse-
quence would be, that they would get into a state of
confusion, and the utmost calamity ; and who in such case
would be the greatest sufferers ? The industrious classes theem
selves. For that class he (the Attorney-General) had the grea eat
respect, for to them was-that country indebted for its greatness and
wealth. They should be trea"ed with respect and kindness on all
occasions, but for their own sakes it was necessary to protect them
from the delusions cf those wino sought to mislead them, to pervert
their understandings, and who endeavoured to lead them into the
commission of crime for which they would afterwards be answer.
able, and thereby lead to the ruin of themselves and their families.
He understood there was a Convention of the Woi king Classes, but
he called upon the Jury to protect the working classes from the con.
sequences of such publications. The present was the last oppos te-
nity he would have of addressing a Jury of the county of Warwick.
Several cases still remained for trial, but his public duties called
him elsewhere, and the remaining trials would be conducted by his
Learned Friends, whose valuable assistance he had had. Before he
retired, he might be allowed to say most respectfully that he should
ever, recollect, with gratitude and with admiration, the manner in
which the juries of the county of Warwick; on that occasion had
conducted themselves—they had shown a firmness and determine.
tion—they had shown that they were not to be intimidated, and
not to be misled. They had shown that the trial by jury was an
institution on which they might safely rely—they had shown that
while the trial by jury existed, and the jurymen discharged their
duty faithfully and honestly, the laws would be enforced, and the
properties and lives and liberties of her Majesty's subjects would be
safe. In times like the present, it would be most lamentable and
deplorable if offences like the present, when fairly and satisfactorily
proved before a jury, should escape punishment. When the guilt
of a party was satisfactorily established, then it was the duty of the
-jury to finds verdict of gut ty,however painful that might be to there.
In times whenthere was any improper interference w th the freedom
of the subject, it was the duty of a jury to protect the: e iberties from
encroachment. In times when there was a disposition to disobey
the law, and set it at defiance, it was the duty of the Jury to 6:e
that the law sh uld be vindicated. It was a satisfaction to him to
anticipate that these times of turbulence and insubordination
would probably be but short—that the people would return to a due
sense of their duty, and see that they would best consult their own
interests and the interests of their families by a due obedience to
the laws, and that they would be convinced of this, that it was for
the sake of the free institutions under which they lived, that the
law: should be vindicated. Proceedings like the present, and in-
flammatory publications like it, had a powerful tendency to bring
the law into disrepute. With these observations he would leave the
case in their hands. Mr. Lovett would defend himself, and he had
no doubt he would do so with great ability. He entreated of them
to pay all attention to him, and to the evidence that would be laid
before them ; and he had no doubt that in the duty cast upon them
they would deliver a verdict on which for the rest of their lives
they might satisfactorily rest.
The ArroesEY.Gesensr. then proposed, if Mr. Lovett would
agree to the arrangement, that the witnesses should be sworn, and
placed in the box, and the evidence which they had given yesterday
be read to them from the Judge's notes.
Mr. Lovett said he would like to have the evidence proved.
Chance Colburn, a stationer living in High-street, Birmingham,
neat the Bull-ring ,was accordingly placed in the witness's box, and
his former deposition reed to him by the Judge.
Scholefield, Mayor of Birmingham, was in office on the
Gth of July. The town of Birmingham had been for some time in
an excited state and some alarm.
He then described the meetings held in Birmingham, and ren-
peated nearly the evidence of Dr. Booth, relate. e to the applicatic
at the Home Office for assistance.

PRICE sd.

Cross-examined by Mr. Lovett—Was not in Birmingham during
the excitement on the Reform Bill. There was no destruction of
properly previously to the introduction of the Metropolitan Police
into Birmingham.
Mr. Lovett---You are aware that by the Constitution and laws
of Englsnd, the people have a right to meet for the discussion
of grievances ?
The ATTORNEY- GENERAL said that . was no fact. It was a
matter of opinion upon which; however, there c^uld be-no doubt.
Cross-examination resumed.—l put forth a proclamation pro-
hibiting the meetings in the Bull-ring. I did not consider the
meetings in question constitutional ones, hecaus c they were of a
tumultuous character, and calculated to excite terror and alarm.
When I went into the Bull-ring I saw a person reading a newspa..
per or speaking to the people who were assembled round him, but
whether they were peaceable or not I cannot say. The moment
sayhear
ewas anythingar
a little i
see entered the Bull-ring we were received with groans. I don't
know whether the groaning was directed'against the police or Dr.
Booth and myself. I cannot say but I was received on a former
evening wahagroans. There had been previous intimations given
about
the to the people by the authorities that they must not meet there. I
Dr. did
Booth heard not
of meetingsh i
in
havingwarn t h e been
people heldte
disperse.
sfpe
erres.
,eb u onlymed
made
by u
sreport.
advance, meeting ntg
that
tin thecould Bullring.hear wh what
t Ih
he
said.ave
didl not
word myself, to the effect of "make way my lads, and go hence."
Mr. Lovett—Are you perfectly certain that the words were not,
" There they are lads, now do your work ?"
Mr. Scholefieid--Certainly not, nor words capable any of such
construction.
I,llr. Lovett—lour o`oject was to arrest the speaker in the first
place ?
Mr. Scholefield—Yes.
Mr. Lovelt—Did not, before you got up to the speaker, the po-
lice make an attack on men, cyonion, and children.
Mr. Scholefield--Certainly not.
Mr. Lovett—What time elapsed from tae police being introduced
to the reading of the Riot Act ?

Mr. Scholefield—About twenty minutes or half-an-hour
Mr. Lovett—The people had uo caution to disperse before the

police were introduced ?
Mr. Scholcfield—They were told to disperse.
Mr. Lovett—Who told them
Mr: Seholefield—Dr. Booth.
Mr. Lovett—After the Riot Act was read you went for the mi-
litary ?
Mr. Seholefield—The military were brought to the spot before
the Riot Act was read.
Mr Lovett—Who read it ?
Mr. SCllolefield—l cannot say, because I did not read the Riot
Act myselt, nor did I hear it read.
Mr. Lovett—What distance were you ?
Mr. Scholefield—l believe about 30 or 40 yards.
Mr. Lovett—The police brought arms from London. Small cut.
lasses ; end they had them aUatit 'their persons when they entered
the Bull-ring ?
Mr. Scholefield—Certainly not; they were strictly forbidden.
Mr. Lovett—ln what time after dispersing the people had they
their cutlasses ?
Mr. Scholefield—l am not aware. Ido not believe they had
them that night.
Mr. Lovett—Could they have them without your knowledge ?
Mr. Scholetield—l cannot say. They. might have them. I mus
not necessarily know. I was on horseback all night.
Mr. Lovett—You are chief magistrate in Birmingham, and could
any such power be given to any other individual but you, to arm the
police against the people ?
Mr.Scholetield—Yes, the Magistrates might have done it certainly
Mr. Lovett—Did you see any of the persons who•were wounded
with these harmless weapons with which the police were armed ?
Mr. Scholefield—l saw a few brought in the same night.
Mt.. Lovett—Do ycu not consider that those weapons are as much
calculated for destruction of life as a sabre or any other weapon. I
mean for knocking out a man'e.brains ? I put this question because
they hare been called harmless.
Mr. Scholetield—l would rather not see the :police armed with
sabres. The other weapons ate certainly not harmless weapons.
Mr. BULGUY cross.exainined the witness in support of his evi-
dence in chief.
Char. Martin, police inspector, was called and had his evidence,
given yesterday, read over to him.
Witness cross examined by Lovett.—Our orders at Birming.
ham were in the first instance, I took them officially from the Com.
missioner Mr. Mayne. I did not, nor was I requested to ask my men
if they would volunteer to go to Birmingham. The only observa-
tion which I made was to one married man, if it would suit his
purpose to go to the country. They are allowed extra
pay, and are generally the steadiest men and who know
their duty best. .On that account he would ray they did
stand a better chance for promotion. I saw one stone
thrown before the order to disperse was given. That was
near the Bull-ring. I am positive that all the avenues were net
stopped to prevent the people from dispersing. Could not say, be-
cause lie had not seen persons take refuge in the churchyard, be.
cause the avenues were closed.
Cross.examined by Mr. Bascuv.—When the police entered the
Bull-ring, all the avenues were open.
James Laxton, police-constable, was next called, to acknowledge
his previous depositions. This was one of the constables that was
-wounded with a dagger.
Mr. Lovett declined to cross.examine him.
*Wm. Bennett produced a dagger and a bayonet, which he had
taken from the rioters. He also confirmed his farmer evidence.
Geo. Hogge.tts, police-eonsLble, was next called, and he approved
his evidence of yesterday.
Thos. C. Salt, stationer, proved the publication.
Cross-examined by Mr. Lovett.—l have seen, I think, two letters
from you, since the establishment of the Convention, and the re-
semblance of the manusetipt copy now produced is so strong, that I
Iklieve it to be in your ha: d.writing. I never saw you wri' e.
Might not the two' let ers you say you received from me have been
written by some ether person in my name ?—ror aught I know
they might.

:Pclnfei ettpume.
ibeel,iscs tao,
annalspa. irer:teofel
isor, a.,
uri
tg,
cei,li
Leaebs country.it Lc
cieeaionngvei
arNi,ms libellousio,~nt,
ettention to what I conceive to be the law of the
case) it will be necessary to revert to the fact that during the last
twelve months the attention of the people, and more especially the
working classes, has more than at any previous period been directed
to the importance of a reform in the Commons House of Parliament.
The established conviction that their wrongs will never be redressed
bylthat House, as at present constituted, has:caused them to re-
.rot II
if:: ~,
pun,
wishes
ttae) ri:ditnni
amendingi
Parliament
nf ti.
ort:
.t.ibooictieuiritinhfrti
oregnoriisnr
met,iseet
euatbstooywi:
sure
.ecaii
ssra,,dontfsehbyreeAtocnl
through
justice,t
saeet and
of
Sovereign,
I, i attainment n,:.ni
bier,irryleeeni nasit:gmbuh
nemeeo:neliatnus,
s)tnt,tl,oihrpauuret
me
unprecedented
y entitledreh areednafet
tdonraitmie
dct
the..y. i
feqouuarinctduntruyitchletahrely fact, that they have embodied their
o f English
recognize the constitution
tlheCescehclariadsirlgut
hibl sajtt e
cbs.
Lordoo,
i.
i't:'
draofjcnte:
od:hiat,pnuan thatrbigb ol:i,public
opinion—.
spoeeyi
lanl
,i haveboodre,
i n his place
ceneien:Parliament,
It,heo sp eo:political
Judges of the land in delicieiiingb3t,htehieesroelesmuljuodgfmterusatts
pthueblHicouoiej_s
other day.
vereign was called on to exercise an
nicn every one of them—use Judges of tile land, the Members
of the Houses of Peihement, the Sovereign herse!E was cos_
tented, and. would be conteeted to abide." Such wes' the tan-
arawei liasadspt oembnoysaci bel
that
hell
t:ohlneipn:
subject ebiilcr—h ie,
on
fi
guage of the Secretary of State. And, Gentlemen of the Jury, I
need not inform you, that in order to change and influence public
opinion in favour of any public nrasures, the same institutions
of our country recognize the right .of publie neecting._of free
discassicts—of public petitioning, and all other peaceful insides
of agitation. In fact, one of our best writers on Government
(Hr. Bentham) has gone further, and has stated. that the people
of this country have never obtained one political right or
privilege but by making the ruling fear uneasy.
...And how-
t' e right of ,peaceful agitation may be exhioited, there
ever clearly o • •,
can be no doubt but that all agitation likely to be promotive of
publielsenefit, likely to deprive unjust power of its stencil, or cor-
privilege of its prerogative, will occasion in them very gre at
rupt
uneasiness, and will, as the present agitation has done, stir up
men in possession of such unjust power to prevent by every means
at their dispaeal, the free and constitutional expression of the pub-
lic will. The Learned Counsel has alluded to the dangerous ten-
dency of this agitation, but, Gentlemen, let me impress upon your
minds that the people were content with the orderly, peaceable,
and public expression of their views and opinions, till the authori-
ties in 'power, feeling uneasy at their gathering strength and Merest •
ing knowledge, sought to prevent the Leedom ofopinion, and put
ee opportunities,
i:
influencetao,, rituutnnieitit
wherei °rfs t a t
whennhititns: drooltxrulu:rwis, "the
Judges

---
As well as the dclument that has been handed you ?—Yes.
I known your political principles for some time. I have
never known you to advocate violent or criminal modes of obtaining
a redress of grievances. The whole spirit of your words and con-
duct, from all I have observe I, has exhibited an absolute disgust of
all vlole ce, and a desire to produce change only by intluer:cing
public op:nirm. I speak this from speeches I have heard from }on,
and from private and confidential communications with you. I was
a ?I tuber of the General Convention along with 3 cu, and believed it
was a perfectly legal body. lam aware that before putting forth
our rules we applied to a Counsel for his opinion as to their legality.
Tae 0: j7cts of the Convention were to watch over the progress of a
Bill entitled the people's Charter, to be introduced into the House
cf Commons, as well as to watch over a petition in favour of that
measure, and to obtain by all legal and constitutional means an
equal share of polititical power for the unrepresented millions. They
never centemp'ated any division of property such as had been at-
tributed to them. I speak of the Convention as a body. My re-
signation was not the consequence of any act of the body generally.
It origiriated in my utter and entire disapprobation of the speeches
made by and attributed to individuals of that body. I have heard
very violent speeches attributed to Members of the Legislature.
The Convention originated either in Mr. Philip Henry Monts or
Mr. Attwood.—(A laugh )
Mr. Barasmv—Then it has two fathers?
Are you aware that Mr. O'Connell had anything to do with it
origin ?—1 am not aware whether he had or not.
Mr. BALGLIV—Ii is a child of many fathers?
Mr. Lovett—lt is a matter of great importance to me to estab-
lish who was the originator of the Convention, because his Lordship
in his charge to the Jury said the term Convention 'arts "an omi-
nous name," and I am anxious to show its origin and objects.
Examined by Mr. WADDINGTON—I have received letters from
Mr. Lovett, and acted upon them and sent answers. I don't recol•
beet receiving any reply. Mc. Lovett was Secretary to the Conven-
tion when I was a Member. The signarure to the document
closely resembles that of the letters I have received, asd I would say
they were the same, and that the hand-writing is Mr. Lovett's. The
time I withdrew was the beginning of March last, when I saw the se
violentspeeehes All the members of the Convention retired about
the same time. The speeches I refer to made allusions to a reiort
to violent means to procure political changes.
Charles Watson proved the printing of the placard, and
John Clarke, a bill. poster, proved having posted about 300 of
them in the Bull-ring, and elsewhere throughout the town_
The manuscript of the resolutions was then put in and read.
This closed' the case for the prosecution.
Mr. Justice LITTLEDALE—There was no evidence of the pub-
lication by the defendant.

down the right of public meeting. It is true that the alarm occa-
sioned by the attempt to deprive them of these great constitutional

rights did in one or two instances lead to breaches of the peace.
But, Gentlemen, on whose side is the greater culpability ? Is it
on the part of those who in numerous instances, to secure unjust
possessien of power, seek to restrain the great constitutional rights
of the people, the safe and secure means for progressing in know-
ledge and liberty, or on that of the isolated few who may be found
arnomg the multitude, who, seeing every avenue to a legal redress
of grievances shut against them, rebel against such unjust autho.
city. And here, Gentlemen, I would direct your attention to the
fact that the people of Birmingham continued their 1,. aceful agita.
tion till the autiroritLs, by placing what the people believed to be a
false construction os a local Act of Parliament, sce.ght to put down
that agitation by fine and iniprieoement. Nay, further, while the use
of the Public Hall and Public OfEces were opened freely to other
elasses, the authorities added to the outraged feelings of the multi.
trete, by denying them the use of those places. But we are told at
least such seems to be therational construction—that the violent lan-
gueg,e or conduct of individuals shall be made the pretence for re.
stricting the free expression of opinion, and putting down the meet..
ings cf the millions. This has ever been the conduct of despotism
in a 1 ages ; they excite the few to violence by their system of es.
pionage and fraud, and then, by the pretence airsrded, impose ad..
ditional chains •on the liberties of the people. And, singular
enough, gentlemen, while the violent expressions of working-men
are made the subject of a criminal prosecuti en, the still more tio.
lent expressions of the rich (as they serve the interest of party), are
rewarded with honours and emoluments. Need I refer to party
speeelos male during the Reform Bill, and still stronger language
that has subsequently been made, in cart oboratiicn of this opinion?
But to return to the proceedings at Birmingham. While, as I
before stated, the people and their newly appointed authorities were
sqnatbling respecting the proper construction of a local Act of Par-
liament, and were, as they had been accustomed to do, met in public
to read the newspapers and talk of their grievances, these authori-
ties, having been supplied with a division of the police force from
Landon, did, without caution or warning (such as the reading of the
Rost Act, and other preliminaries of the law), make what I am still
bound to considet a flagrant and uncoestitutionel attack on the people.
And, gentlemen, permit me to explain the expression in the alleged
libel of • unconstitutional power." Fr to reading and reflection I
am led to conceive, that there are CoEt,in great fundamental rights
and privileges which belong to Englishmen—certain great consti-
tuticnel boundaries which ought to be as sacred from the innovation
of class or the infringements of law, as if England had bed a written
The right of trial by jury, the right of public meeting,
e right of petitioning, the freedom of the press, the freedom of
sou stop, the right cf commonage anti numerous others, are all so
it erwoven with our liberties, that all who by legislation or otherwise
cesspass cn these boundaries are unconstitutional aggressors on the
iglus and liberties of Englishmen. Now gentlemen, it must be well
mown to you (and I wish to refer to it with respect) that out Legis-
ntuie have en too many occasions yielded to the suggestions of bad
men and selfish interests, and have framed laws, and devised mea.
sures, ca'culated to infringe on those constitutional and rational
brit ileges . end many laws of modern enactment, respeciing the right
of ',utile meetings and the liberty of the press, may be referred to.
And intro police force is to be a perambulating lardy, to be placed
at the disposal of any interested or exclusive class, the more ef.
fectually to enable that class to keep back public liberty, it
is very -properly dceiguated as an unjust and unconstitutional
force. And I have a trier authority nelech hears out this designa.
tine, tio less titan Lord John Russell himself, according to this
extract from one of his speeches, " 1 speak according to the
spirit cf our Constitution when I ray that the liberty of Engeind
abhors the unnatural protectien of a standing army; she abjures
the ceunteearce of fortresses end barracks, nor cats these institu.
Liens mer be n:trash:eel by force and terror." And what, I would
ask, but a standing assey of the worst de: ninticn is the polee force,
as being, and as now proposed to be established. This unconetitm,
tioaal force, then, having, as !before described, made an inniscrimi
nate attack upon men, securer], and•thildren, end having, it would
appear, volunteered their services, end consequently looked forward
fur prolmtion, sought to earn it by a wanton, and I am prepared to
show in evidence, a bloselthirity discharge of their (-titles. The
morning after this ettaek, a consinemble number of the working
classes of Birmingham called on me, and were'anxious that some
public expression of opinion should be made regarding the outrage,
and some advice given to them es to what was best to be done
rest eating their public meetings. Never having altcneL d one of
the meetings in the Bull-ring, and conceiving moreover that they,
being itilmbitants of the town, and knowing their customs and
treages, must be better judges of their. right to meet there than
strangers ccuid, I so far complied with their request as to pen and
propose to tae Convention the resolutions which are deemed libel-
ous. Now, had I been singular in strongly expressing my feelings
regarding this eireiust attack upon the people. it would afford some
argument on the side of the prosecution; _ but when much stronger
language has been used in most of the newspapers of the day
respecting it, when it has been trade the subject of reprehen-
sion ai.d censure from one extremity of the kingdom to the
other, it would. seem as if a victim from the ranks of labour
was preferred, where lack of wealth would best insure a triumph.
The. late Lord Chancellor, and we should presume he is no
small authority regarding the law in this case, said the other day
in his place in Parliament, that "he had seen the libel for which
these persons were served (Mr. Collins and myself), and hardly a
day passed that he did not see a worse case in the newspapers." I
will read to you the resolutions referred to by his Lordship. "That
this Convention is of opinion that a wanton, flagrant, and unjust
outrage has been made upon the people of Birmingham, by a blood-
thirsty and unconstitutional force from London, acting under the
authority of men who, when out of office, sanctioined and took part
in the meetings of the people, and now, when they share in the
public plunder, seek to keep the people in social and political degra-
dation."—" Tina the people of Birmingham are the best judges of
their own right to meet in the Bull-ring,or elsewhere—have their
own feelings to consult respecting the outrage given, and are the
best judges of their own power and resources to obtain justice."--
" That the summary and despotic arrestiof Dr. Taylor, our respected
cellea,one, affutds another convincing proof of the absence of all jus-
tice in England, and clearly shows that there is no security for lives,
liberty, or property, till the people have some controul over the
laws they are c.illed upon to obey." Gentlemen of the Jury,
in my previous observations I have been. labouring, it may be very
imperfectly, so show, you that what is here designated a libel was
written under circumstances and momentry feelings induced by the
b lief that a great outrage had been made on the constitutional
rights of Englishmen, and with no:criminality of intent; it is the
criminality of intent that constitutes the libel, and law authorities are
not wanting to establish this point. For Mr. Starkie stases in his
work on libel, that it is incumbent upon the defendant if he seeks
to discharge himself from the consequences of the publication to
show that it was made under circumstances which justify it. lie

Mr. BALctn•—The libel is in the defendant's handwriting.

constitut

also iitates that it is the undoubted right of every member of the

Mr. Justice Liman/see—How do we know but that some community to publish his own opinions on all subjects of public and
one may have taken the paper out of a drawer or desk in common interest, se long as he exercises this privilege candidly and
which the defendant had placed it. There is no proof that Mr. sincerely with a view to benefit society he is not amenable as a
Lovett had authorized any one to print or publish it. criminal. And Lord Erskine in the trial of Mr. Frost in 1793
Mr. BALGUY said it had been decided by very high authority states—that no man can be criminal without a criminal intention;
that publication might be proved by the document being In it stands at the top of the criminal page throughout all the volumes
the defendant's hand-writing, or by his exposing it in his own of our Lw." Now, gentlemen, in this country where the free in.
hand ; but it often happened that there was no direct proof of 17estigation of public measures end censure of public acts constitute
the defendant's agency in publishing the document, and the us a free people; in this country where the freedom of opinion and
most usual and important evidence in such case was to prove the freedom of the Press should be at once the witnesses and guar.
that the libel published was in the hand-writing of the defendant. diens of liberty, and where the power of judging is exercised by
Mr. Justice LrrTLEDALE said there was he recollected great the people, the design of the author is not to malign, but to reform
difficulty in the case of Sir Francis Berciat in proving the and improve; and as_ in my case by censuring the act prevent
peblication, although the hand-writing was proved,
Mr. Lovett—My Lerd, it was proved in that case that a servant similar aggre;sions in future. But we are often told
intent--
the
M law implies froin the fact of publication a criminal ntent—
put it into the post-office by his directions, and consequently the greater the truth the greater the
Mr. BALGUY said it was laid down on very high authority in the in ei.,, But gentlemen, this construction of the judges
cases cited by Starkie that where a libel was published and proved to
of olden times, operates as fearfully against freedom, as
be in the hand-writing of the defendant it established a prima facie
la their defiuition of liberty, when they define it to be that right
case, and threw upon the derenda,,t, the responsibility of proving which isnot prohibited by law. But, gentlemen, the whole law of
how it bad got ;into circulation. Here was s libel which had libel, unlike other laws, is based upon a rotten foundation ; that
been most certainly printed, published, and proved to be In the foundation were the records of the Star Chamber ; and most fatal to
hand-writing of the defendant, and he submitted that was prima liberty has it often been, that eventhey were preserved from oblivion,
facie evidence, which the defendant was called upon to rebut. or that, when that odious institution was abolished in 1641 its in-
Mr. Justice LITTLEDLLE.—There is some sort of impression en famous records were not condemned to general execration along
my mind of a case in which a libel being found in a man's detk was with it. But no, these were preserved, these formed precedents
considered proof of publication.
s eviden
it is evident !g
- for corrupt statesmen to furnish political victims,, andon this
Mr. WADDINGTON.—That was in the case of Sydney, but the de- basis they have been building opinion on opinion, and case' on case,
Published njust
vision has always been most properly repudiated and condemned. till the whole of chat. Binoge tt
ohjmeh
haspr designatedend
a , judge made law"
M
Mr. Justice LITEDALE—How does it appear that the has become as defendant pc
has had any anything to do with the publication ? How do we knowacom Tire indictment charges me with havin y unjust
to punish by.
but that somebody, out of malice, may have gone to his desk and a false, scandalous, malicious, and seditious libel. And here,
taken it, to be published it without his authority? Lentlemen, let me premise, that Mr. Fox's Act empowers jury-
Mr. WADDINGTON—That was the very argument in the former men to determine both by law and fact the case before them, that
case, but it did not apply to the present, is, you can in youri capacity, judge of what the law of libel is, as
Mr. BALGUT—I shall read another extract from Starkio's work. well as judge of . (
off'l acts
of the case. I understand that pre-
' Writing or pi Lein does not amount to publication, but it is eve. vices to the pas.singof Fox's Act the judges always pressed il
dence from which it may be inferred. No doubt if the defendant upon th attention t e jury, that they had nothing to do with
proved that the documt nt hod been stolen from his desk, that would the law of e ctase, but only with the facts. And evert now
be a pacol defence ; but the printing and publishing a documenntain. juries
,artehntnoot ay, t.o take the opinion of the judge respecting the
the defendant's hand.writing, is abundant evidence of the
I)
IT
dm iin it —for
sufficiently the great consequences in-
cation.o ye . .
s be it
'rerneMbered there is no statute law,
authorities, sa7d no legislative enactment Mr. Justice LITTLEDLLE, after referring to the au.,
to sübmit the former
he thought enough had been proved to authorise him b judges, based upon the records of the Star Cham-
er. And thus by • • question to the Jury.
Jury as follows : Judges
Junes taking the mere opinions of
Mr. Lovett then rose, and addressed thew!,
.as law, they establish
person, and take , erecedents most fatal to li.
In presuming to defend my conduct in myer
errors that •may possibly betty , for inAead of making him the judge of evidence
upon myself the responsibility of thosen
d technicalities of law, I and expounder of law, they place him in the additional capacity
arise from my ignorance of the forms
Lordship and the indulgence of of a legislator. From his Lordship on the Bench, however, I anti-
shall rely on the justice of your lam influenced by a consl- ciliate nobler principles of justice. Gentlemen, you being tress
deratien Court. For in taking
this
stephave been acting with, especial' bath judges of law and fact, the points I would particulatly press
deratien of duty I owe to t hose
..
before the M ' t s Y upon your attention are these :—First, Did I publish the resolu-
lace on my examination M. gis rates of , • -
after what took p
feelings of personal vanity, or want Liens stated to be libelous ? Second, Is the construction put upon
Birmingham), and not to any
of the profession I see around. me. these resolutions, by the terms ofthe indictment and the speech of
gentlemen
• of respect to the
.every desire to avoid offence, I trust Counsel true or false? Third, Are the resolutions in
your opinion
Thus situated, and with . .
in }row
tl
arty little irregularities re manner of stating myand seditious ? Fourth, Do you be-
teise, malicious, scandalous,
will overnet criminal in.
iloodkefending what I conceive to be public right and public lieve that I published them with criminal motives,
the first point--
ease'
or
n if there is any one principle of justice still left, wtentions as stated in the indictinent ? As regards.
justice. For .
.I did, and with '
h our forefathers, it is the loud at ' hilt
• i . ' U 9
Did I pebl sh tine reeeu OD . I have admitted the, , . sth
was wont to distinguish . . id gencred • • •that and uncoestituttonal
• of pubfic opinion against public outrage and public the impression on my mind an }!legal
expression
the rieht of public meeting. Ared be it
It has ever been the boast, and I trust will ever remain the re
had been made on - . . ,
wreng•
' I this right is brosdly admitted and, 1
generally eats.
characteristic of English freedom, that all must b rernernderem
great
su
submit
I') ' the fact of re i'ions emanating from sush meetings
hi:she I by I - , being
the wholesome - scrutiny and chastisement of public
whether the offs crier be prince or peasant, whether he be armed recognised . .
,on these resoltitions, by the terms of the
with wealth or ith,ested with power• Public • • isthe the cons:ructiob put tri
. opinion
" ' nt correct? Have they
a tendency to exci"l fr •
Le u se ection
tribunal of justice to which the poor and the oppressed aa- lame me
iit towards her Modesty's person and government, and
and ]discontent
peal,
when wealth and power have denied them justice. Is' of the peace? Gentlemen, if it be '
to cause a bye consideredh
And, my Lord, it is for directing public attention to aandediscontent to express an opinion regarding
flagrant and itejust attack upon public liberty, for calling the public disaffection w
ofne, who shall escape whipping? Andt e con.
duet ofif the
opinion of the country to Witness the fact of constitutional right and men
etnclensure of public opinion regarding any infringement on
public liberty having been outraged by
our rights is to be made the subject of state
prosecution, what proofis
of men, who are presumed to be the guardians and protectors of our e we f the liberties of England, what
are n security against the pestle
libe tties that lam brought as a criminal before you. But in order, i lential calm of despotism ? But it has been urged by the Learned
Gentlemen, to put lire facts of the case before you as clearly as pas- i Gentleman on the side of the prosecution, that those printed opt_
sable
opt-
Eible which led to the penning of those resolutions which, in the in-
it ions had a tendency to lead to breaches of the peace, and eubse-