The Sun.
London, England, 1834-05-01 00:00:00

KING'S BENCH.-(THIS DAY.)

THE KING V. GRANT AND OTHERS.
This was an indictment against the defendants, Messrs.
Grant, Bell, and Ager, the proprietors and printers of the
True Sun, for publishing a certain seditious libel, in
which it was recommended to the people to resist the pay-
ment of the assessed taxes. The defendants were found
guilty at the trial, and they now appeared in Court to re-

ceive judgment.
The ATTORNEY-GENERAL moved the judgment of the
Court upon the defendants.
Mr. Justice PATTESON said, that by accident he had not
the notes of the trial, but he supposed it was not ma-
terial, as the publication was not disputed.
Affidavits of the three defendants were then put in
and read, and also that of Mr. Judge ; they referred to
the circumstance of the period when the libel was
published—the excitement in the public mind against
the assessed taxes—the declaration of Lord Milton,
and other members in the House of Commons,
that they would, in a certain event, refuse to pay
those taxes, and thereby stop the supplies ; the determi-
nation expressed by Mr. William Brougham, the Lord
brother, at a meeting at Southwark, reite-
rating the same sentiments ; the publication of all those
sentiments in all the newspapers, and their being passed
over by the law officers of the crown, and stated, also,
that in publishing the libel complained of the defendants
were not aware of its being any offence, seeing what was
passing in the public mind, and what was so openly $
tate d
d.
The affidavit of the printer, Mr. Ager, state
that it was his duty merely to insert what " copy" came to
him from the editor, that he had no discretion as to its
insertion, and that he had now ceased to be in any way
connected with the True Sun.
Mr. Sergeant TALFOU RD appeared for Mr. Grant, Mr.
KELLY for Mr. Bell, and Mr. WAKEFIELD for Mr. Ager.
Mr. Sergeant TALFOURD then addressed the Court for
his client, who, as well as himself, he declared to be fully
sensible of the circumstances in which they were placed.
They, however, had no desire but duly to conform to the rules
of the Court. He did not complain of the verdict, nor
of the law as it was laid down by the learned Judge, know-
ing that the defendants were bound respectfully to
await the judgment of the Court. The defendants stood
in a situation of having been guilty of a political offence—
a species of offence in which the wisest and the best had
stood, even those who had paved the way for that power
that was now exerted to crush them. In one respect,
although their- present situation might give them some
cause for grief, they might find much to rejoice in ; for
although they had been found guilty by the jury, they
were now submitting themselves to the discretion of this
court, and asking, under all the circumstances, if their lord-
ships would find it necessary for the purposes of justice to
deal out a sentence of any severity. The offence of
political libel, like every other offence, varied in-
finitely in its own internal character, and also
in reference to its external circumstances, at the
period of its publication, for that which at one period might
disturb the repose and harmony of the public, might at
another time be of the most harmless character. He would
ask then at what season was the present libel published,
and at what season were their Lordships called upon to
give judgment on the defendants? Was there any thing to
be feared from the " conflict of opinion and the war of
words ?" When that was done which might alter the in-
stitutions of ages, was that a time to talk against and to
complain of a little excess of the same kind of spirit?
Was that a time when, if a writer went a little forward,
and stepped beyond the line that was then being drawn,
that he should be prosecuted by the law-officers of the
Crown, who were to say, " Tkus far you shall go, and no
farther ?" Could not that excess be committed without an
appeal to the criminal laws of the country ? That excess
was not the sweeping away of the institutions of the coun-
try—it was only a little quickening of the waters that were
then flowing. Was it for this that the ministers, who had
so often toasted " the liberty of the press"—but which he
trusted they never would toast again—was it for this that
prosecutions of this kind should be instituted, and that the
Court of King's Bench should be called upon to give
judgment on the defendants? He would now advert
to the peculiar circumstances under which the libel
in question was published. He would present to the
Court nothing respecting the hardship or cruelty which
might belong to the transaction ; but it was known that,
day after day, threats had been used towards one branch of
the. Legislature from all quarters, and all of them passed
over without prosecutions. It was openly declared that
the assessed taxes should be refused to be paid, but it was
charged against the defendants that they had advised the