The Sun.
London, England, 1817-06-26 00:00:00

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ta/Y tot fltr the Harne Department, but hav
hi: a d'ifficOlCv to meet, he was of opinion that lie
(Lord ;iiainOntit) bad nut taken 'the best moths of
meeting tr. L •
Sir U. Moiiak cri`ntentled; the Secretary of State
had no right to make hie of Mist opinion which he
lind &stabled for the'regulotion of his own coil-
duct; toinfluedce the Maglstrates its the discharge
Of their duty,-- He diet not impugn the apiniolis
given, but ice was inclined to think Lord Siclntouth
had no more right to Use !hens tocontrotil, to (hive,
or to lead the Justices of the Peave,ahan he had
In use flied' for the same purposes, in order to in•
&knee the decisions of the Judges. •
Sir t'o contend that no law or
triage could contravene the law of the land, and
by the law of the land no person could be impri-
soned but on the verdict of is Jury of his Peets.
The law bad been contravened by the ex-officio
information of the Attorney-General, but still he
Contended, to imprison a man in cases of libel
without a ilia', was not acenrding to the English
Constitution. When snore serious offences Were
ctimmitted, the Magistrates were undoubtedly jus-
tified in committing .a man charged on oath with
murder or other outrage, in order to, hold
in safe custody ; but as no man could safely
swear what a libel was, they could not be too care-
ful how they deprived a person of.his liberty who
'had been charged with publishing or circulating
»ne. He noticed the case of an individual who
had been long imprisoned under the charge of
baying published a libel, and who, when tried, had
been acquitted by the Jury. He could not help
'also remarking the extraordinary conduct of the
Judge, on that Occasion, and the excessive zeal
Which he had displayed. He should say more to-
morrow upon the subject in presenting a petition
4rom that individual, who still remained in eon-
Clement, and was punished, without knowing
hilether he had committed an offence or not.—
Hcrontended that it was not fit for the Exec:ti-
tbit! Government to give directions to persons, who
though their authority flowed from that Govern-
Mem, ought to he kept as separate front i as pos.,
thhie in the exercise of their duties. He complain-
ed that the Attorney. General should refuse to com-
umnicate to the House the grounds on which the
opinion which he had delivered was founded, lest
be should be guilty of a breach of confidence. Ile,
complained also of his (the Attorney:General)
doahting that the House had the power, if it chose
to exert it, of compelling' him to 'prodace those
grounds. If it would be a breach of confidence
!/‘ the Axorney-General to give the grounds of
leis opinion to the House, he bad certainly been
' try unfairly treated by the Secretary of State when
lee bad laid that opinion before the Public. The
noose would lower its character in the estimation
1,,!f the public iC it rejected the reasonable and tub-
, herate motion of his Hon. and Learned Ftlelld•,
The Saucryrort-GENseal, had' no doubt of tue
som" ,
0 nebs of the opinion delivered by the Law
Iricerti of the Crown. The main point of the
Sgestion felted on the soundness of that opinion ;
tor it lse could prove that the law, as esplained by
ttl:fetiAttiorney and Solicitor-Gen"'
"."5
the
law
11„ 11ii", the supposed unconstitntionality of
Secretary.
of State would be entirely removed.
lied ; the House never beard of. Proclamations be-
fog Issl/ed, and of Judges at different Assizes call•
the attention of Grand Juries to various
°fences is What snore load beau done by the Se.
eretat yot-Statt ? Ile b4dsbown to nigiutrates what
heunderstood to be the law of the land, and directed
- their attention to its execution.- It was cocicctled
to him that be had the power of committing.for
libel ; but that nowtr was refused to Justices of
iledce; now in the thou of Wilkes it was con-
tended, that the Secretary of State bad not the
Power of commitment, because he was not a
Justice of Peace. The argument was therefore
how coonpletel turned roma. He then followed
the Honourabley and Learned Gentleman through
1115 legal statements. It had been said, that all
the powers of Magistrates were derived front the
statute of Edw. 111. and from the comndasions un-
der which they acted ; and that if neither of those
gave them the power of commitment, in cases of
libel, theybad nu right of exercising it. He contend,
tol, on the authority of Hawkins, that Justices had
etulturity for committing all persons charged with
offences not mentioned in their commissions, but
the nature of which tended to break'the peace of
the King, end of the realm. lie fortified, this tt-
tititm by the opinion of many distinguished
" ?"(Iges, and lastly of Lord Kenyon, who main-
'NA that the Jurisdiction of Magistrates. ex-
tended over offences which were not particularly
thentioned in their Commissions. By this his
object was to establish, that 'although .libels were
11/4 specified in the Commission of Justices, yet
1,1.,° they had a' tendency to-litid to a breach of the
~P!aee., they had always been considered to fall
within their cognizance...-They were offences' at
cettimon law, long before the existence of the
star
Chat»ber. It would belidiculous to give the
14arreeSessions power to rifor libels,andyet deny
4gistrates the means of bringing offenders to trial,
ate then brought a multiplicity of strong cases and
()Pinions to establish the position which he bad
taken,: and proved, that like common cheat :and
Tuer offences not mentioned in the commisaion-of
it'stiees, libels fell under their jurisdiction. As to
unprisoning before trial individnals who were after-
w"flis atquitted, was not, the case in every other
"chi/a:ion', anti however much it might be re-
gretted that the innocent should be put to
"7 inconvenience, yet could his innocence be
.111.anifetted without trial, and all the difflesd-
si," which it occasioned Had his Honour-
e a d Learned Friend, opposite .(Sir -Samuel
t‘r,:dlYw) been Attorney.Geueral, would he not
ansered G
the questions put to him by 0.
ite,l,ll"nt 11 What ham then had his Majesty's
.41111eY and SOlicitor-General door, in 'merely
performing their duly? They had nut declared!
but tt 1 I • that which.they were
law,tey had one
wand to do. They had given a fair and bones!,
OPlnfoh, in which he entirely concurred. (Hear !)
‘4l'. C. W. lVi'DlNit took the same view of the
Valeat part of the subject as the Honourable.
lid Learned Gentleman. He thought that the
agistratett had the right of commitment) and the
Secretary of State that- of calling upon the Mo"
tstratles to put the law into execution, but wished
iris to ;1O it in a different manner, and on his own
113portsIbirts