The Sun.
London, England, 1803-02-22 00:00:00

so in the time of peace, but also in' the tithe. of
war there_ is in the bare proposition.af Assassina.
tion at any time, something so disgraceful and
base, thAt it is impossible to support it, being con.
trary to the whole tenor of the Law, and ropug.,
nant to the feelings of the peOple of England.
—lt would be base and di6graceful to us in
time of war ; what then must it be in the time this
was written, which was a time of teace ? Why'
then there is no question here, between us, except
the tendency and intention with which this publi-
cation was published. It is of no importarce to the
issue which yon.have to try, what the Government
of France was at the dine of this publication, It
is immaterial whethet the libel was direCted against
a Monarch sitting on his thrOne, which descended
to him from a long line of hereditary 'descent, or
A person to whom the poWer felt by the. events of a
revolution, from the choice of a country, or from
any other cause, it makes no differenee in this issue.
" The Chief Consul, Bonaparte, is de filth Chief
Magistrate of 'that country, .and by our law he is
to be respeaed in like manner as it he had been on
the Throne of France, and had taken it by descent,

which had flowed for many centuries, and through a
great number of generations. Both cases, by our
rules of law, are exafily the same. We may be
told, that there are many libels in French News-
papers, some of which are supposed to speak the
language of their Government—that 7'kMonde ~r
publishes a number of scandalous falsehoods aid
abuses upon the dovernment of this Country. To
which I say, What have we to do with that ? It
they publish libels on us, let
,them take the fate
which will attend such labours ; the fault is theirs,
which is no example to us. I say, that the publi.
cations here stated are offensive to the law, of Eng.
land. If there is a feeling in any other country
envious of our prosperity, and they think they can
answer any purpose by slandering others, let them
have the full benefit pf it, but do not let us have
the disgrace."
The Evidence was then called in support of the
Prosecution, which consisted of proving the publi-
cation of the two Papers at the desire and by the
request of the Defendant, Mr. Peltier, by Mr.:
Dehofre, against whom an Information is also filed,
but he has suffered Judgment to pass by default.

Mr. M'INTosH and Mr. FERGUSON, who were
Counsel for the Defendant, at first waved the right
of calling upon the Prosecutor to read the whole
Charge of Libel in the Information, first in the
original, which was in French, and then the English
translation, as stated upon the Record, but upon
refiedion observed, that they.did not in a Case so
important, give up any thing that might possibly
be of Advantage to their Client, and therefore an
Interpreter read the whole Of the original, and then
verified an English translation, and'also at,the
quest of the Defendant's Counsel, read a. number of
extratis out 61/2.4mbizo, which were not included
in the Information, which they said was necessary
in order to give to the Jury the ..whole context of
• the publication. •
All the Readings, both French and English,
bring concluded, the Case for the, Prosecution
.

Mr. Mqtrrostt commenced a splendid and elo.
quent speech, of which see profess to give no more
than a very brief and general outline. He com-
menced by observing, that he undertook the de.
fence of his client surrounded with, difficulties, and
called upon to urge topics, which, he feared might
be considered of an invidibus nature. .The Defend.
ant had thought proper to select him, to defend him
from the charge of which he was the °Ned ; and his
Trofessional duty neither allowed him to decline the
office of his advocate, Still less, after having under.'
taken it, to betray the trust reposed in him. The
Defendant had a right to expet from him a zealous
and
,fearless defence, °flawed by the apprehension of
offending those at whose instance the present prose.
eution had been instituted. He should avail himself
of the privilege which belonged to his ptofeisional
charades., to Stint, without reserve, whatever he
thought calculated to shield Mr. Peltier from the
atm% hand of power which was raised to oppress
bim. Were it possible, to silence the voice of the
English Jury could not be sitting for the ad:
miniatration ofjustice. It was a sausivary in which
fear
,never entered the heart of any one except a cri.
mini]. He desired the Jury to refit& that the real
Prosecutor of this Indietnient was not
,the Attotney
General, but a man who was the uncontroled mas.
ter of one of tile greatest empires the civilized world
ever knew. The Delindant, on the contrary, was
a proscribed, helpless, ana defenceless French Roy-
alist, who, in the month of Angtist Ooz,.had, with

many others, been compelled by the -Revolution in
France to fly his Country, 'At, the period of that
awful emigration, when the Proprietors, Magi-
strates, and Public Fudtionaries, civil and •ecelesi-
astical, were driven by the daggers of their country-
men from their native land, our. shores were filled
with unfortunate ,inen, women, and children, who
hastened to it, as. if they had been flying before an
army of barbarians. At length the greater part
of those who were saved from the horrors of the
sword, were permitted to revisit the spot ss;hich
had given_ them birth.

fliankful they were, even for the evict privilege
of dyingin their native country ; their return was,
however, coupled with such conditions of allegiance
ro the ruling Power of France, that the Defendant
and a few others, actuated by sentiments of loyalty
to their legitimate King, thought themselves bound
to abstain from accepting the proffered boon. The
Learned COUlliel sail, he could not blame the present
Government of France forekaaing that allegiance
from Emigrants returning to the Country ; 'all 'he
desired way, that the. jury would not thin onfa.
vourably of his Client, for refusing to avail hitnself
of the offer, by acceding to a condition his conici.
ence and principles, of loyalty revolted at. No one
he was assured, would think the worse of those
wretched Emigrants who had been cast on our
4hoce, for persevering with stubborn fidelity to the
laWs and government of their forefathers. The an.
fortunate Defendant was a Gentleman who had
been bred to the study of literature ; when by the
misfortunes ()ibis country he was stripped of all,
fie. found himself compelled to fly to it as a source

N DON : tinted by
At she Sti.Oink:

[Atka tqc:e • ' " •
t . .
of eXistenee. tte h i atilsioducefl' vAtiety of works
df cc tiiiderable interest -; but, since the conclusion of
the peace with the French Republic, he had disco.
gaged his attention from those politiCal and serious
frodudions which had before occupied his mind,
ral had devoted'himSelf to the publication of this
trifling and obscure Journal, which had been thought
Worthy of being made the subjed of a public pro.
seeution. It was a Journal the most inefficacious
:far the purpose imputed- to it. It could not be
lead, at least but partially, in England,' because it
was not written in the English language : it could
not be read in France, because the mandate of the
Sovereign Power had prohibited its' admission 'into-
: that Country. It. was a Journal which could have no
other possible effect than that of amusing: and con.
soling the few companions of the Defendant's exile,
by occasional pleasantries on the fadions which di-
vide France. It was.a Journal remarkable for' one
. circumstance alone, and that was, ..it was the only
Journal that had dared to speak in favour of die on.
fortunate family which, fourteen years ago, was flat.
tored by every Writer, and guarded by every Tri.,
banal. It had been truly stated by the Attorney.
General, that the last libel of a similar description
prosecuted in this Country was against the unhappy
Queen of France, who had been since inhumanly
butchered by her subjects. He did not say this for the
purpose of questioning the right of His Majet.ty's Mi.
nisters to prated the charafters of those who were at
the head of the Government of a country in alliance
with us, whether it was a government of yesterday,
or one which had.existed for a thousand years. He
alluded to it merely that the Jury shOuld attend to
the case of this helpless exile, the Defendant, whom
the stern hand of authority was endeavouring to
drive from the last asylum he h:idon earth. Per.
haps it was owing.to the 'lenity of His Majesty's
Ministers that he still enjoyed that last asylum, and
they were entitled to his warmest thanks fur refusing
to violate the rights of hospitality at the request of
any Foreign Power, however formidable. The De.
frudant felt the most fervent gratitude towards the
PiotedOr of this Empire, who, amidst the ruin of
the surrounding Kingdonts•and Principalities of Eu.
rope, had allowed impartial justice to ..be
3tered to him this our ancient sanditary. , The
Defendant, conscious of the justice be had to exped
from a British Jury, had waved his right 'Of being
tried by a• Tribunal, partly.composed of foreigners..
The Learned Counsel said, he considered this as; the.
first contest between the greatest Power on earth and
the British free press, the only one now remaining..
That it was so, was a melancholy refledion to the
friends of human nature. • Till that great earth.
quake occasioned by the French Revolution had
swallowed up the presses of the Continent, there
had, by the indulgence of the larger Powers, existed
'many States in which a free press had been tolerat-
' ed. This had been the case in-Holland, Switzer.
land, and the free towns. of Germany. Holland
and'Switzerland Were'rlo more, and $9 of the Ger.
I manic free States had been erased from the map by
a dash of the pen. These States he considered as a
very interesting part of the ancient system. Great
- Britain could not exist without considering their
military system, but small States were obliged to
devote themselves to indostryand the arts of Peace
and they formed a kind of control over the super
rior ones,4or no depravity' could so sink any man
in his own esteem, as to render him regardless of the.
bpiriOn of the :rest eche world. The undisturbed
—repose the states'he had 'referred to were suffered
to enjoy, had enabled thew to .become models at!-
, testing the ciVilizationlcrtivhieh .Chtistian Europe
had reached. *Nothing sal much proved the
zatinn of the 'Continent at the period he .referredto,.
. as the freedom enitryed by the littleAepublic of qe.
nod. It had be.en saffeted to lentain!undisturbed
and unthreatetied, while surrounded .by myriads- of
the armies of. France. All this was mistnpastsand
gone. What the new system was to:be wits not for
him-to conjedttre, but. 'be was -perfedly, convinced-,
that the arbitrary violence of ambitious monarchs',
had been checked by the dreadef.the opinion of the
impartial evidence formed among the smaller States;
• and in which no sooner were any ads of oppression
known, than A thousand presses werc,set. to work to
communicate them to the
,world. At, present there
was not such a thing as a free press 'from Palerrito
to Hamburg!). Not one asylum for the liberty of
discussion remained—no public voice, the eapres.
sion of which could control the despotic attempts
of arbitrary tyrants. Happily, however, those
presses- were still secure which were proteded by
the: British Government, and by the valour of
Englishmen. The ancient fabric, raised by our
ancestors, .still endured ; though surrounded with
ruins, it stood. solid 'and unshaken. He had
served, that this was a contest between De.
spotic Power and
.the Freedom of the Press, and
he considered the ,Jory as the advaneed guard,
fighting the first battle in the Cause of Liberty.
recommended to them to he extremely cau.
tious how, in attempting to repreSs a Libel, they
violated the freedom of discussion, Which was
the best guardian of the State. , The offeri€e of
a political Libel difFered from all others in this re.
sped, that in , all Oler offences the punishment
could alone strike terror into, those who meant to be
guilty, but in .this it filled with dismay the limo.
cent. It rendered it impossible. to define thebouh-
dory between History and Libel. It had a tendency
• to repress, not only the must innocent actions,
but the most meritorious duties a man owed his fel.
tow-creatures. .Even in the case of the most unjust
and ambitious attempts against the Independance'of
the Country, a man would be fearful of taking up
his pen,- lest he should overstep the boundary, of
discussion, and write what might be construed: as
libellous. He next adverted to the relative situa.
(ion of this Country and the COotinent, as it had;
stood. since the period of the former ,having waived
any inierference
,with regard to France. Great Bri.
Lain could now have only two objeds to look to, her
own national safety and her commercial prosperity.
Her national safety depended on her pursuing anini.
form course of justice at homes, and interfering tio far.
cher in the concerns of foreign countries than was ne-
cessary to prevent any one froM aggrandizing itsielf,
so as to become dangerous. The commercial prospe.
city could only be attained by peace and the labour

al)
andindustry of die Ptitsite.- Labour anal industry Le
considered as the soutrerof- wealth, and wealth as
the me,ins of v ILA a floti. ; Under:date --,circtrtn),
stances he-cciheeived itrobviously. for the hitesestaal,
this country, that 'a bold examination into, and the
public and free discussion of the; condua of other
Powers, 'shpuld be tolerated. It had been said.by
an ancient orator, « that no man, ever had been the,
enemy of -the Republic, but-he had at the same
time been liis enemy." In the :same manner, no
man had ever intended ;ought, against the liberties
of the great, Republic of Europe, but. as the first
step .towards the promotion of his design he had
direr ed his endeavours against England; justly-con-
sidered the guardian of the rest of the world. In all
cases 'when the Liberties of Europe' bad been endan.
gered, England had always been placed in the first
of the battle, : Ha then drew the attention of the
Jury to the Libel, observing the ATTORNEY GENE-
RAL had expressly stated that it was not .his inten-
tion to attack historical narrative. 'He had said, that
the essence of this Offence was, that it was published
with the intention of disturbing the peace of the
State; and that it had no reference whatever to histo.
rical discussion, Ile had admitted that it was not
only necessary to relate fads, but the causes of
them, and to explain their view and object. If a
Government abroad was to publish a Declaration
of war against this Country, couched in the most
insolent terms, .any person might republish it as a
matter of' historical information, though it should
be of a libellous tendency, and he was at liberty
also to accompany it with such observations as he
might think proper. Such was precisely the principle
on which this supposed Libel had been published by
Mr. Peltier. His intention was to amuse and instruct
his companions in exile, by pointing out to them the
effeas of a Yaaion stated to exist in France. The
Learned Counsel read the Ode which constituted the
firs Libelin the indiament. He next referred to
the impunity with which Newspapers were allowed'
in translating the most Violent Libels from the.
French Journals. A Manifesto had recently'
been translated, which related to a subjea
lated to excite horror. It charged General Stuart
with writing letters for the purpose of procuring •
ewl ;yli,cho had
ne wnhei ye r h
cboeuebni
satsasitnseidnawtiiotlnl, ;enr(filday noartioenru
Waist mutinies without blood Shed—mobs with.
out violenee—and revolution without bloodshed ;
---,of promising, to reward him :1 successful, with
thatlionOUtahle badge which was reserved only
for the most meritorious services. He reviewed
many of 'the Circumstances which had occurred
• during the progress of the French Revolution, till
the assumption of the Government by Bonaparte, in.
ferring, that after such scenes of guilt and atrocity
as had been prauised for so long a 'period, it was
not likely that the dispoSition and Charaaer of the
French People should have become entirely amelio.
rated, and consequently that it was very probable,
the fattion alluded to in the Ode had existance.. He
justified the satirical strain in which it was drawn by
reference to the writings of Swift. and Butler. The
Learned Counsel afterwards' examined the Libel sups
' pased to. be conveyed in the par Ody on the. Speech
of Lapidus. lie insisted, if it didcontain a Libel, it
was direded against Fouche, the Minister of Police
of Paris, if it was possible such a man could lie
the objei of a Libel. To shew that he could
nor, he read the letters of that Minister,
,as
se.rted in a Report printed at Paris, ,which mani-
fested the most sanguinary disposition'. Having
concluded his Observations- on the Libels, lie stated'
the various exameles to he found in 'the English
Hiscory, against the interference of .the Govern."
me nt, the request of Foreign 'Powers ; particu.
larly, in the reign of Queen Elizabeth, with .resped•
to the fifty thousandpersons, who took refuge in
England' upon the Revocation of the Edit} of Nantes.
He also referred to the unrestrained freedom of , the
Newspaper disussions, with 'regard to Corsica in
rhs reign of Louis XV. the two partitions of Po-
land,
,and the invasion.' of Switzerland. After the
supposition, that this country had been at peace with
France, at the period of the tyrannical condu(of
Itasbespierre, Marat; and CiftritV, he' argued, that
had the English Newspapers refrained from speakipg
of their proceedings'svith becntningindignation; the
ATTORNEY GENERAL' Would have been one, of the'
first to havecensured the disgraceful pusillanimity'
of their Editors. Having enlarged upon these aneia
variety of other topics, he terminated by expressing •
his firth confidence in the JOE.y pronouncing aver.
did of acquittal.
The ATTOANEY GENERAL COMpliMCntelr
upon the splendid speech he ',had delivereth' 'Had
not thegreater :part, of,,it beeh of a general nature,
and avoidedaiarticular referenee to the Libel con.
tained in the. Indiament, he should have foUnd
some difficulty in. replying to 'observations so elo.:
quently delivered.
•He proceeded to comment' Upon ,
a few of his points, contending that nothing tic had
advanced, in
:the least-degree tended to alter the'
.proposition with
,which lie had set Clat that: the
,character of, the Libel was of the'most violent:and
inflammatorY nature; arid tlire&'tly aimed at the life'
of the First Consul.
Lord Et.l.Lat anttoOGH shortly addressed the jury.
His Lordship cohiplimented the D'eferice.ai one, the
most eloquent he had COft heard, bot observed, that
it did not appear to ham remove ATTbableY.
GENE r. from that claim he had made of a Veirdia
against. the Defendant. ,
The Jury, after consulting a very short time,:pro.
nounced the Defendant Guilty.

OLD BAILEY.

rmn DAY"...NONDA Y) FEB. 2to

THRU capital
.convielions occurred this day,
namely, that of tinn Windsor, on a charge of error,
i. c. feloniously setting fire to a house, of which it
appeared She was left in charge, in Rupert-street
Christian `fors:, a Dutchman, on a charge of rob.
bery ; and Ricktryd ,Eady, for stealing a consider.
able quantity of shoes in a dwelling.house, &c.
John S'keriff was conviaed of-stealing a consi-
derable quantity of uncut cork, the property of
Messrs. Bridgood and- lirown.
Willinrn Chbiley, Was found guilty of stealing

. , .
4,:rttiKpoicw, weight , 0 `._loltt.,.tp...tvi trite -frapc 1 t Y 44 r :\1(1,47r, '
..... , •: . ..,_ ...., i ..f.,
:/trilliam Climer was tharged '''ih a 90!Y.1" -
!fence, in feloniously stealing. a box, eptit.rinAg ..i.
rem articles, valued.pt 21. Vii.' Bd. .the:pr,gsricy. 0C;
John Smith, in the dwelling house of Geeritei:gic..
'The cair,. generally speaking, was made. out to
the satisf4Ction of the jury] bur the point af.value,.
as regarding the capiatlpartof the clorge, not I)e..
ing clearly proved, •the verdief was guilty of strk
ing tti'the value 01395. .. '

Correa- statement of -the Trial of lofephiem-
melt at. the Old Bailey, on Saturday la“, for for.
gery on the Stciwmarket Bank, in Suffolk.
joieph leismett was indicted for , forging a 51.
note of the Suffolk and, Essex Bank, and uttering
the same, knowing it to be forged.
- William Gitlin, printer, Newport-street, saidi
that in January last, the Prisoner at the Bar came to
him with a note, which was produced in,Court,
ancf ordered him to inake'rt- place corresponding to
it. The Prisoner said that;-the Bankets of the Sur-
folk and Essex, Bank were intended to be changed,
but presented him with an old note of that Bailie,
ordering him to keep that circumstance in view 1C
forming the plate. The Priioner called some clay
after, and informed him the intention to change the
Bankers was laid aside, and requested therefore that
the plate might be made exactly corresponding to
the old note. This was accordingly dope, and Or
plate finished according to his; directions, was dell.
vered to the Prisoner, whopaA 21. 17s. in at"'
James Hammond, printer, St. Martin's-lane, de-
posed,, that the Prisoner came to him, and requested
him to make a hundred impressions from the plate
which he prochiced. This he undertook to do, and
accordingly cut the paper for the purpose, and sent
it along with. the plate-_ to:one Thomas Prausser,
whom he was accustomed to employ on such occa-
sions. The Prisoner called next "morning, and
being presented with the notes, found great bolt
with the coarseness of the paper, saying it was
worth, a damn, and did not in the least resemble
Bank paper. He then direded the Witness to a place
where he might find proper paper, anti ordered hurt
to throw off another hundred from the smile plate.
This was accordingly done as before, and the whole
of thi notes and the plate were delivered to the Pri-
soner.

Thomas Prausser, engraver, Tun-court, Strand,
stated, lie had in January last, thrnwn off I,w6ltuizl4
tired notes of the sex and Suff)lk Jiankt. by "e
orders of James Hammond, one impression 1310
thick paper, and the.other,upon thin, Being shewn
the plate and notes,. i said -that. hebelievecl-thei
were theiame which helad had it r possesion.
,qoa.g.,:l49ptpari.to Waliam.P.orter,
draper, Cranbourn-alley; Leicester-fielfiLsaiil;lll2'
on the t7tli of January. the Prisoner came to his 1113:0-,
ten's shop, and gave. a 51. note of the sort a!,"1
Essex Bank in 'return for some purchases Whith:r
made. He did. not think it nececialyto smirk
note, as he had often seen the Prisoner before, bet
immediately gave it to his master: ' He 4iiriettaiu
as to the perstm of the Prisoner.
Porter, said, that on the
17th of January, he rect.:is-ea a'nore of the Sufffi
and Essex Bank, which was the y' con ;my ba';:c,
note n: he had 'his possessio the
it, along with several notes of the Ba'nl.:
lam blid,
into the the bank of Mr. Dorrien.
Charles Row, Clerk to Me.. Dirstrien,'-swore, that
be had entered the ,note, And produced th& book;
Thomas:Dick eyson; Clerk to the saitiei I'6,
had carried the rare to the house of Messrs. Boy. ial
k
and Co. Agents:for the' Essex and. Strfe] k
John Low, Clerk to.Mesers, Barclay, stated, t''-i_
he had received the mate from the last witness,
!won looking at it, suspeBed .to be forgedt'ur •
therefore' marked it inunediately:
James Brown, brother to one of the partre" c:
• the Bank, whose naine'liad been foegetl,..said,
he was perfeetly acquaiiited with the hantl.Aeriti3O;
of his brother; and upon looking. at the-olit''' ‘l4.*
dared his brother's name to bit forged.
John Miller, .a
BOw-street ()leer, said; that 1::
went with George-Brown, one of.the partners al
Suffblk and Essex' Bank, ,to the prisoner's 10(301'1
to receive him iri'charge from Mr, Brown; who 19,:u
_himself apprehended him.—.-Upon searching 'lir",
faint' a key which opened a portmanteau trunk h!#_
longing to the Prisoner, and there he found alit
notes and plate, which: last being Abeveri to Messro•
Girtto, Hammond, AildPiausser, they all immediate'
ly pronounced it to be the same they had seen hc'
fore. r „
• •
'The faas were clear, and the jury fuOnit him
Guihj. ; • tiv
. lie appeared extremely th..jea:eji and w.l°- •
abandoned :to his fate., On his coming to the Bth
he wished the, Coot to pet off his trial to IVionll'9'
when he said lie.shoUld have some witnesses to n't
charaaer.in town—and on being told the Cc't'r
could not comply with his request, he shod reds
took his stand the bar, and scarcely loot=ed li
during the ,w hole of his trial. :He .was. exccf,il a
well dressed, and had the exterrial'appe#o9
.
Gentleman. •

MARRIED.
Yeitertla!,k, at St,
,iatnesos • h it m•
Church; mr.14' '
of St. •411.trtok's-1441e to NV B tl 11 r 10111.
bliss oy e ,o.

DM©:
mits W-
ort the tath inst. at Cork', after a very few •1116°1-(1- ale'
nesi, the Hon. lames Tonson, brother to Lord Itilar—G.ltt.
Last week, :%,Irs. Marriot' Print-c$ court Store Y's
Westminster. ' )
—...-=-•".

r tt IC t

YEST 2

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