The Sun.
London, England, 1821-05-24 00:00:00

Pi:TERSFIELD ELECTION.

Mr..DYsoN brought up the names of the Petersfield Elec-
tion Committee. They were as_ follow :--
G. Phillips, T. Wilson,
Sir G. Cockburne, H. Gurney,
J. Wharton, 41. R. Phißins . ,
• • J. Bailey, • It obt. Chaloner,
W. A. Johnston, V. 11. Hughes,
W. HolmeS, G. Gipps,
E. S. CoOper, and
• Charles Tennyson, Lord Folkestone.
Igr. AT'rWOOD presented a Petition from the Bankers of
MariborPugh against the Usitu Laws.—Laid °lithe table.
Mr. DLTGDALE
tit preser.ted a petition from Birmingham;
- '

praying a revision of the Criminal haws.
Sir J. MACKINTOSH expressed his satisfaction at a peti-
tion so respectable as that which the Hon. Gentleman had pre-
tented, sanctioning the principles of a measure which he had
undertaken. He hoped that a Noble Friend of his would post-
pone a motion which stood on the paper for to-night, to some
future occasion. .

Lord NUGENT consented to postpone his motion, although
at the expenee of some inconvenience, for an object so desirable
s the passing of his lion. and Learned Friend's Bills, in-• the
present Session. .
CONSTITUTIONAL ASSOCIATION FOR THE PRO-
SECUTION OF LIBELS AGAINST -THE STATE.

Mr. BROUGHAM said he was'anxious to take the oppor-
tunity afforded to him by a pc tition being presented for an al-
teration in the CriminarLaw, to complain of another alteration
in the Criminal Laws, nit inside upon the sound and constitu-
tional principles of his Winourable'and Learned Friend (Sir J.
Mackintosh,) but upon principles and with feelings which
justly created serious alarm in the public mind. He alluded to
'the inroad made, upon that which,, if not the exclusive right,
had at least been' the general praatice of his Majesty's Attor-
ney:and Solicitor's-General—the proceeding_ officially against all
persons guiltfof offences against the Church or State. He did
not mean to contend that by law this right was vested solely in
the Solicitor and Attorney-General, for-he held that by law any
man could proceed against another for a public offence ; at
least, after the many Associations which had been entered into
for prosecutions for felony, it was not now necessary. AD raisethe'
question. Those Astodations were, howeVor,,eontined to the.
punishment of private felonies, or ofiancet of an odious nature,
such as those prosecuted by the societies ; for instance, -exhi-
biting and selling obscene pictures or 'books ; and of ;this So-
ciety-he would here say, that even it had created considerable
alarm in the public mind ; it was not, however, his province to
give his opinion upon it further-than obtervingollilt by_confin-
lag itself solely to the punishment of those offences into which
no political or religious feelings'could enter, it. had not only
dine less mischiefl'than was apprehended, but had been pro-
ductive of some goodto the community. But here was an. As-
sedation of a totally different riature-:--an Asseziation prosecut-
ing arid punishing for political offences.—(hear, hear o—Here
wac a power claimed to be exercised under the direction, and'
amording to the dictates of party feelings. It was an Associa-
tion supported by a common fund, and without giving to the
public any single individual who was to be responsible for their
acts—(Hear, hear !)—To ;be sure, a great mass of name's were
ziven to the ,public,; among those names were to be found many
of the very first res_pectability,%and ao those persons he meant
at present to- address the language of expostulation only.
-He was aware that many of those Gentlemen had enter-
ed into this Association with the purest and most disin-
terested motives, and without being aware into what hands
they -hid- intrusted the credit and influence of their great
names; he would put it to any man who was connected with
the Government, and who entertained strong Tory principles in
Church and State, whether private individuals ought to be al-
lowed to.proceed against persons libelling the Government of
the country ? lie was aware that instances of libel might
occur, ..where it Would not only be the duty 'of 'Govern-
ment not to: prosecute,- but where a prosecution would be
RToductive of .the matest mischief, in bringing the author be-'
tore the public!. , Who then, he would ask,-ought to be the ac-
/utters in eases ofabel against the state ? Was it to be the officers
of the Crosan 'or,was the lustiness to be left to one or two At-.
torfies, at whose disposal those funds were and who were
-reckless both of the expellee incurred, and of the consequences
of their conduct.—(llcar, hear.)-4t had been held by many,
that the power vested in the Attorney General was one of so
high and dangerous a nature, that it ought to be exercised by
no one, who. was not under sufficient controul. But here was
a power exercised by a set of private individuals without con-
trout, without responsibility, and of the results of whose pro-
ceedings no opinion could pretend to judge, unless that House
exercised'its influence to check them.—(Hear, -hear !)—lle had
.fiready said, he knew that several of the signatures were those of
Lily
respectable persons, and he believed that ma.n7 of those

persons had been drawn into this association from a wish to
protect the religion of the country. He for one would rather
see those offences prosecuted by the proper Officers of the
Crown, than by such an Association as that which he had de-
scribed. He had no wish to see prosecutions for offences against
religion conducted by persons actuated by that spirit peculiar to
different sects and forms of worship.—One word more respect-
ing the class of persons whose names appeared on this list—there
appeared the names of no less than 40 Peers connected with it,
and undoubtedly they niiist have joined it unintentionally and
without consideration.—(Hear, hear !)—What ! 40 of the
Judges of the realm, in the last resort, becoming prosecutors ;
surely they could not have for a moment reflected upon what
they were doing. There was not any one offence prosecuted by
this Society upon which thOse Noble Lords mi<fht not be called
upon ultimately to decide. It was true that Peers might have
become, in some instances, Members of Associations for prose-
cuting. felons (and this mode of prosecution would not perhaps
be tolerated, were it not that it became necessary, from the po-
verty of the parties •robbed, or from their unwillingness to pre-
fer charges from a fear of being bound over to prosecute), but
that was a different case, there the Jury at once" decides the
guilt or innocence of the party, whereas in a case of libel, the
question, after a trial in the Courts below, •might be brought
under the consideration of thoSe very Peers who were prosecu-
tors in the case.—(Hear, hear !)—He was fully sure that if,this
had struck those Noble Lords, they would never have become
Members of the Association in question. He should not be
surprised to find that Counter Associations were formed to re-
pel the attacks of this one, but this would afford no remedy,
and would 'only tend to put an end in a short time to all politi-
cal discussion.—(Hear, hear!)—The Petition was laid on the
Table.