The Sun.
London, England, 1823-02-07 00:00:00

•
FOR COWS, COUGDS, ASTUMAS, tkc.
THE PECTORAL ELI XI It. Eiperience
during a very long period', has incontestiOly proved
the superior efficacy of this Medicine, in all cases of Colds;
,Coughs, and Asthmatic Affections. By promoting gentle
expectoration, it very shortly relieves the Patient of a slight
or recent Cull, and a few doses are generally s'gilelent to
remove those which neglect has rendered morg confirmed and
obstinate, and which are accompanied win tough, Spitting
of Blood, and other serious symptoms, Its peculiar balsamic
powers tend to heal suturing, ana allay the irritation of the
lungs, in cases of Cough; abut in Asthmatic Affections it as.
ails rind gives fTeedom to thia Breath.
Sold in bottles, at Is. Ijd. and 2s. 9d. by Butler's Che-
4,Cheapside St. Pauls, and 120, Regent-street, (near
the Argyle Room:), London;_ 20, Waterloo-place, Edit).
burgh ; 34, Sackville-street, Dublin; and by t he principal'
Medicine Venders throughout the roiled Kingdom.
N.8.--Be careful to ask for Butler's Pectoral Elixir, and
to observe the Government Stamp litts.the words " Butler, 4,
Chearptitle,* engraved on it.

LAW INTELLIGRNCE.

.......~r.~r--'.

COURT Olt CHANCERY, FEB. fl.
PERUVIAN LOAN:—JONES V. EVERITT AND CO.
J!tst before the rising of the Court, the ATTORNEY-OEN r.-
RA stated that he had a very important motion to submit re.
lative to the Peruvian Loan. It was for an injunction to re-
strain the defendants from parting with a very large sum of
money now in their hands, and paid in tri the part of the Con-
tractors of the Loan. The grounds upc.n which he made this
application were, first, that the Loan had been contracted by
false representations ; and secondly, th.et there was in fact no
Peruvian Government, nearly the whole territory which it
claimed being in possession of the .9irtiniards.
The LORD Cu ANCEI.I.OII.—Take your Injunction.

COURT OF RINti'S.RENCH, Frs.&
KING V. WM. TONBRIDGE.

The SOLICITODA4V)/VRAL moved fot the Judgment of the
Court on this defendant, who was tried before the 'Lord Chief
Justice at the last Sittings at Guildhell, on an information filed
by the Attorney.tioneral for publishing "Palmer's Principles
of Nature."
The LORD CittEr JUSTICE stated the substance of the in-
formation, and read his notes of the trial. The publication of
the work was brought home to the defendant by the evidenced
Bow-street Officers, who obtained a copy of the work at the
shop, No. 5, Water-line, Flcet-street, where it was sold by
means of a machine, and where the defendant acted as shop-
man. At the trial, the defendant conducted his own case,
and proposed to read the whole of the book as part of his speech.
After he had read about four chapters, which contained strong
reflections on the Old and ;New 'PLatament, the Lord Chief
Justice interrupted him, and said, that as he was reading the
work, not toe lain, the passages set forth in the information,
but to defame ifweltristian Religion, he would not allow hint
to proceed, but. told'hint that .it he would address any legiti-
mate topic of tiefenee to the Jug, he should be fully heard.—
The defendant persisted in reading the book, and refused to
take any other line of de&nee ; upon which the Lord Chief
Justice shortly charged the Jury, who immediately returned a
verdict of guilty. The defendant was then dominated to New-
gate, and a as taken from the Milk, declaring that hettiti been
Condemned unheard, by a partial Judge and a corrupt Jury.
No affidtivits wereputeither by the Crown or the defendant.
The defendant then began oxtail a written paper in a very
elear and' firm yoke.; 'lle could Show, In the most satisfactory
manner, that no penal judgment ought to be pawed 'against
him. Rut he must beg of their Lordship* not to interrupt

him; not to stop him in the midst.orsentenees which they were
afraid to hear ;! and he was auitiottato make this treaty with
the Court, because interruptions from Judges, in cases of this
kind, were now almost of course ; they were growing into fatal
precedent, and -woulesoon, unless resisted, become ••6 part and
parcel of the law." At the trial, three Bow-street. officers had
appeared against him, hut not one even of these men ventured
to swear that he assisted in the delivery of the work for the sale
of which he had been, called to answer. He would candidly
acknowledge that he had sold many copies of this work, but
he could not admit that he sold the identical copy in question,
because none of the circumstances brought to his memory any
share that be took in the transaction. Vet the Jury, in this
absence of all proof of publication, found him guilty—after
no mature deliberation, but by a verdict caught up in a
squabble, and given before its proptr time. For his part, he
had no desire to court persecution, he had no wish to encoun-
ter such prosecutors, such Juries NO such Judges, as appear.
ed in cases of alleged blasphemy, ,4i!io confounded the philo-
sopher with the felon; and if any nurcy was in contemplation,
manifested that the felon Was the favourite.
The LORI)CuiEr JUSTICE.--If you will take this course,
there is only one way for us. to pursus.
The defendatit:—lt is true, and yt know it, that your Lord.
ship seninie to mingle with the worst of felons—anti this front
a Christian Judge in the 19th century ! He then proceeded to
allege that he had been condemned without trial. He was pre-
pared with a defence as sccnnplete as ever was offered to any
charge in a Courtof Justice. Ile could have shown that there
was no evidence to fix on him the publication of the work;
that the work itself was a highly moral and
.philosophical
treatise, which it was no breach of law to circulate; and
that the offence charged was an act which ought: not be
subjected to the cognizance of human 'laws; but he was stop-
ped before he had proceeded with &quarter of his defence, and
condemned unheard. lie did not malt to rely on the absence
of all proof against him, but desire!' to take the far stronger
and higher ground, that these prosecutions were impolitic
and wicked—impolitic; because they tended to fan the flame
they were intended to extinguish • and wicked because they vio-
lated the first rights and duties ofman. lie would fearlessly con-
tend that the Judges had nothing to do with the protection of
religion, tor in the darkest ages the church managed its own
affairs without resorting to the Court of King's Ranch to burn
heretics. The pious Judges, indeed, had the honour of de-
stroying a number of old women for the air of witchcraft, but
they left the church to deal with heretics ; and lie denied their
right now to erect themselves into religious inquisitor's under
pretence of the common law, which ought to have been obso-
lete for a century. Once witchcraft was " part and parcel of
the law ;" now the same thing was saki of religion ; but both
rested on the same superititious feelings, and the philosopher
could smile and dispense with both. Religion was not matter
of compact; it was a thing of opiniori anti feeling, and was no
man's property, like liberty or life. He had been told at his
trial, when he urged there unwarrantable reasonings, to confine
himself to " legitimate topics of defence." That fine word
" legitimate" was fitly used, for it now signified the pretensions
of absolute power over the consciences of men ; and in courts of
law, as in kingdoms, it implied absolute dictation and tyranny
the will and pleasure of the ,lodges.
Mr. Justice lia YLEY.—That is the conscientious decision of
men acting under the solemn obligation of an oath.
The defendant proceeded without paying, any attention to
the Judge, or indeed, appearing to hear him the down.
fall of " legitimacy" wasapproaching : in Spain and Portugal
it was overthrown, and would loop be driven from its stronger
'fasuiesses.
Mr. Justice BE ST.--11-1w is our time, the time of the public,
the time of the:suitors of the Court, to be taken up by all this
trash ? Are we to be occupied by hearing matter which is quite
unintelligible, and has no bearing whatever on the case be.
fore us

The defendant coolly went on :—.lt would be curious to ob-
serve the carious excuses to which persecutors had resorted.
In former times, they .justified their cruelties as necessary to
the salvation of their victims; and had this been true, they
Would have been • right ; at au events, the I.,tonnots. of Mary's
reign were morerespectable than the puny periceutors-of the
present day, who had no honest prejudice to excuse them The
defendant proceeded to argue that morals had no connetion
with religion ; that the Supports of society were not to. be found
in shifting and wavering creeds ; and concluded by declaring that
he stood firm and undaunted to abide the issue ; clear in his
own conscience that the Judges were bound by their' duty, by
those oaths to which they
.appealed, and by the great interests
of the human race to dismiss him free from this prosecution.
The SoLICITOII GENJoiIAr
• said that he would oot offer a
pro wordpero to
urge
;g-chneer ;general
wouldtopicsy
on lwhich the defendant
reply Lion, that he did not sell the particular volume in question, that
he admitted the sale at the trial. the defen dhanadeteh user. I
TtieLonn CREEP JIISTICT.—I directed the Attacks:l of
the jury to the evidence of publication.
The Judges consulted together for a few minutes, afturwhich
Mr. Justice IIAYLEY proceeded to pass sentence. Theconvic.,
Hon of l ir. Carlile, for the sale of this book, ought te 'have ope.,
rated as a warning to the defendant that it could not legally he
sold. With respect to the assertion that Christianity wasnot pare
of th:: law, it was sufficient to reply that the subject had been
carefully considered in the time of Lord Hale, and that
the doctrine then laid down had been invariably acted on
till the present boor. .The English iaw, with respect to' opt,
nion, was as liberal, nay, more so, than the law of any other
country on earth ; it allowed every mart to judge for himself;
it forced him to adopt no partteu.ur system ; it left him free to
choose in what form he would worship, or whether he would
Worship at all ; but it did not permit him to vilify, to calm.
niate, and abuse the rillgion of his country. In attempting to
promulgate irreligi.trus works, the defendant knew not the guilt
which be was incurring; for if the young and the unwary Were
led by those works to cast off fear and shame, all the crimes
which they might commit would he laid at his account, and
their b!,00 would be required at his hands. This was not the
place to discuss the truth of Christianity ; but certain it was,
that the best of men, the profoundest of reason era, had expressed
their firm belief that it was calculanAl to diminish crime, to
„repress the violence of the strong, and to protect the innocent.
Ile (Mr: Justice Bayley) thanked God that, after careful exa-
mination, he had arrived at a- firm . belief that this religion
was divine : but the judgment of the Court did not proceed
on this ground; it was dicutted by the law, which, thongh it
allowed men temperately to discuss the evidence of Christianity,
would not permit them to revile it. The interruption which
the defendant had, received 'et the trial was most proper, nor
could the Judge have avoided it, without a gross violation of
his duty.' The Court, taking all the circumstances into their
consideration, did adjudge that he should be imprisoned in the
House of Correction at Cold Ilath,lields, for two years; any a
fine of MIL to the King; and find security for Ins good beha-
viour for five years, himself in 1001.,' and two sufficient sureties
in SOL each. _

The defendant..—liis a sentence worthy of a elitititiati COM., .
It is worthy of a Court that.
LAIRD CHIEF Jt►STICF..--Officer, take Mm away.
The defendant then left the Court in custody.
TIU XING, v. ANDEttBON.

Mr. SCARLIVIT showed cause :within a rule obtained by
Mr. Brougham in last term for a criminal information against
the defendant who is a tea.tleakr at it village in Curnbeiiand,
for sending a letter to Captain Backhouce, designating hint as
"a cowardly incendiary, and no gentleman." The offensive.
expressions were contained in the postscript to n notice not to
trespass on the defendant's grounds. The bearneti Counsel
now entered Into a long detail of the previous disagreements
between the parties, to which the language complained of foul
relation, and further suited, that two 'friends of Captain .Itack-
house had called on 'Mr. Anderson with a hostile message in
consequence of the provocation which he was Rupp:wed to have
given. The applicant stated in his aflidatit, that be had con-
sulted his military friends, and that they advised him he &tad
only obrain•proper redress by the interposition of the Court of
Xing's_Bench ; but, notwithstanding this °pink*, the Court
would probably leave him to his ordinary remetheiu
Mr. linll Oo it A st, on the part of Captain iliteith se, replied.'
that if his friends had' called on Mr. .Antlerson,they had done
so without his authority; and prayed for, time to answer
affidavits put in on .the part of the defendant.
The: Loan CtriEr JUSTICE Said it was centrary to the uni-
fonn practice. of the Court to allow of .any affidavits in reply.
-By discharging the elite, they by no mean* excluded Captain
Bacithouse trom obtaining retiree*, as he might still prefer en
indictment ; but they did not think theca was one in which a
plosecu;ion should be instituted under their sanction. They •
therefore discharged the rule.
sell KING V. ST11411:*8.
The SoLterrott-titlNEuet, imwt'".. the ittdgment of the
Court on the defesulani, wbo was foundiruilty at the Last sit.'
tings in London or indecently 0430544 bus Person to yo4ng.
females in x 0040426 when Judgment was tint timed' for,