The Sun.
London, England, 1817-07-10 00:00:00

J U It 1 ES.

- The following admirable article 'upon the Du-
ties Juries, is extracted from " LClreri Of
GIIHST of ALFRED, addressed to the Honourable
THOMAS ERSKINE, and the Honourable CHARLES
Fox, Ott the occasion of the State Trials, at the
close of the year In 4, and cite beginning of the
yrar 1795." 1 hey are, however, so applicable
to the present moment, and contain such wise
sound, and constitutional doctrines, that we feel it
to Le our duty to bring them forward again to the
Itot ice of our Readers. They were written by a
Gentletnan to %idiom the Public are indebted for
many similar favours, and whose loyal and power.
fill pen was never employed but in sopport of the
best interests of Virtue and of the British Con-

stiugion :

" It please(' an over-ruline Providence to guard
the sacred person of his Majesty in the hour of
dancer, in gracious token, it is to be hoped, that
be is destined long to reign over a grateful and a
loyal people, and at length to transmit the Crown
of these Realms to an illustrious race of descend-
ants, who will not only sway his sceptre, but in-
herit his virtues. There is even reason to hope,
that good will arise out of evil ; and mat th,,
abortive attempt to perpetrate the worst of crimes
will. in its consequences. he productive ot addi-
tional security to the Constitution. The horror,
alarm, and indignation universally excited on the
shock,ng otcasion, instantly suggested the indis-
pensable. necessity, not only of making farther
provision for the ,safety of his Majesty's person
and Government, but also of goArding, by wise
and efficacious measures, against the cause.. which

having, by a partial and premature operation
prodneed such effects, spewed, in the most sttik.
in nottmer, to what consequences it would lead,
if not seasonably and effeettedly cnecked.---With
a ‘ieW to such important objects. aid in CUM..
pliance, as well with the earnest wishes of the
!ration, as with the impel ious call of circum-
stances, two laws have been made, which, in
conf,rinity to the wise principle that bad presided
over the formation and progress of the British
Constitution, were adapted to the exigency of the
case, and to the nature and extent of the mis-
chief they were intended to remedy The pro-
visions of these laws have been too much discuss-
ed, and are too well known, to require any com-
ment.—Seffice it to say, that their great excel-
lence consists in their being calculated still enure
for prevention than cure, by tracing sedition to
the semittaries where it is inculcated, and by
crushing treason while in embryo, instead of
suffering it to acquire the twin and consistence of
Overt Acts. In passing such laws, on such an
emergency, the Legislature performed a duty,
the omission of which would have amounted to
the basest treachery—to an absolute surrender of
all those interests %%bleb it was its bounden duty
and most important object to preserve. But *up-
on the passing of these laws, a duty equally so-
. letnn and indispensable devolved on the Executive
Government, whose province it is to take care
that they do not remain a dead letter on the
Statute Book. Should it be peimitted either di-
rectly to infringe, or indirectly to evade them
with impunity, the people will be apt to despise
the aothoritv by which they were made, and thus
they will he even in-trumental in accelerating the
rui•vhicts they were intended to prevent. It
therefore behoves the Crown Office's and the
Nag,trary to exert their utmost vigilance and
acti,ity in giving effect to these salutary laws,
and in convincing the ill-disposed, that as often
as they offend, their conduct shall be subjected to
legal investigation.
" But all the wisdom of the Legislature, and all
the energy of the Executive Government, will he
- of no avail, unless Juries resolve to act with firm-
ness in their important functions. Their situa-
tion, on such occasions, is undoubtedly arduous
and e.obarrassing. During the trial, they have
to reist all the arts of persuasion—all the charms
of eloquence—ail the efforts of ingenuity, which
are sure to be exerted, in order to excite in their
minds a doubt of guilt ; a doubt which as cer-
- tautly produces an acquittal, as a demonstration
of innocence. Against such artifices they should
ever he on their guard, remembering that it is
the duty of the Judge, not only to give them all
the assistance in his power, by developing com-
plicated facts, and by communicating to them the
law as it applies to those facts, but also to act as
Counsel for the -prisoner, and to take care that he
have the benefit of every fair advantage that
arises in his favour, either from the law or the
fact.
" It is not, however, in open Court that ho-
nest and conscientious Jurymen have the greatest
difficulties to encounter. Their most arduous task
is probably yet to come, when they have sur-
mounted all the efforts of sophistry, and all the
arts of false colouring, and when they are satis-
fied, after a diligent and impartial investigation,
. that the charge is fully established, and that it
only remains for them to pronounce the awful
. Verdict of " Guilty."—lf, upon retiring to con-
sider of their Verdict, they happen to find among
them one or two individuals infected with the
influenza of the Rights of Man, it is then that their
situation is most difficult and painful. They then
see themselves reduced to the disagreeable alter-
native of either sacrificing the obligation of their
•oaths, or of engaging in an obstinate contest with
men who are pre-determined not to convict ; and
tvho are generally possessed, in an eminent de-
gree, of qualities which fit them for such a con-
flict. Considering the great extent of the malady
• above-mentioned, and the indefatigable industry
with which those, who are under its influence,
endeavour to worm themselves into every situa-
tion where they can serve their favourite cause,
it is but too probable that such a mixture will be
found in a Jury impannelled to try a charge of
treasonable or seditious practices. Sensible that
no other situation they can render such effectual
service to that cause, they fail not, upon such oc-
casions, to display the utmost zeal, fervour, and
perseverance. No matter how strong the proofs
---11e..v aggravated the case—how large the ma-

joriy fur a conviction—all such considerations
they set at defiance. and declare that they will ra-
ther perish in the contest, than consent to a Ver-
dict of " Guilty."
" The unanimity which the law requires, in
the delivery of a verdict, affords, in such cases,
hut too favourable an occasion for perverse-
ness and obstinacy to prevail over candour,
moderation, and justice ; and, unfortunately,
the spirit, resolution, and perseverance of the
well-disposed are generally unequal to the ar-
dour and pertinacity of those who are under
the guidance of passion, or the influence of Party
considerations. There is but one fair and equitable
rule for the attainment of unanimity in any body
of men, possessing equally the right of individual
suffrage—namely, that the Minority should yield
to the voice of the Majority. It is dm alone
that even a smaller number than twelve persons
can reasonably expect, even on orditiAry occa-
sions, to concur in will, or to act In conceit ; and
unless this rule be applied to the deliberations o!
Juries, the necessity of an unanimous concurrence
in their determination, will not only subject that
mode of trial to the charge of extreme absurdity,
but also render it absolutely incompatilde
with
jipoice. In criminal cases; and particularly in ca•
pital ones, the feelings at a Jury ‘‘ ill always be
inclined so far to qualify this rule, as to require
something more than a mere Intn of the settle to
produce >a conviction, and a bare majority will
ever be ready to surrender their opinion to the
eonscientions se, Niles of those who may incline
to a more merciful verdict. It would, indeed,
have stamped a much greater degree of apparent
perfection on the institution of Trial by Jury, if,
instead of a nominal unanimity being a requisite
quality in a verdict, the principle had been ex-
pressly established, that a majority. consisting of
two-thirds, or three-fourths, shoult4 be sufficient
for a conviction. But the good sense,. mu lent.
tion, and humanity of the English character have
supplied, in this case, the want 01 positise reenta•
tion, by generally adopting, in practoe so ra-
tional a principle. Nor can a better proof he
wanted, that a ca•e is proper for conviction, thin
the willingness of eight or nine Ell ;Itsn Jurymen
to convict.

But although the votaries for the new philo
sophy profess to maintain, as one of their funda-
mental doctrines, the right of majorities to de-
cide on all cresOons ‘vitat6;f r, (and even in those
cases of social and political relations, where such
a principle is incompatible with the existence of
that sovereignty on the one hand, and of !hat sub.
ordination on the other, which are of the very
essence of the connection,) yet, when it suits
their purpose, they are the first to violate this
principle, by insisting that t heir own not ions, pro-
jects and systems, shall prevail over the greatest
superiority of numbers. They seem to think
themsei,es exceptions to the rule which they lay
doNt, fur the rest of the world ; as if, by the aid
of the new light, they wile possessed of absolute
intallability, or, at least, of such superlative wis-
dom as to entitle them to dictate to the whole
loiman race, and to supersede every ancient este-
biishment. Thus, when such persons find them-
selves (in however Small a proportion) in a Jury,
met to decide on an offence avinst the gate, as
such a eae routes inonediatelywithin thecompass of
their reforming or re%ohitionary zeal, they reckon
as nothing the clear and decided opinion of nine
or ten of their fellows, who think that the de-
mands of justice can only be satisfied by a verdict
of Guilty—and they expect the majority, I(ri to a
o‘v evc.
er
great, to conform to their pleasure, n
eptiese in their detvrtninatiou to acquit. Nor is
this perversity confined to the active abettors of
the disorganizing system, or to those who seek
for profit or personal con*equenee in a new order
of things. %Viten once the baneful contagion has
seized the mind, the most respectable and opulent
persons act as it they were reduced to the most
desperate circumstances, or influenced by the
basest designs. They can never see any guilt in
conspiracies against the Government. if a crimi-
nal, charged with such practices, has but taken
care to borrow the cloak of Reform, or to assume
some other pretext of a specious and imposing na-
ture, he is sure to find favour in their sight : nay,
so far does the influence of this sympathizing
spirit
extend, that Sedition and Treason, ineveeirry.
form, are become sacred crimes, and must not be
punished, even though they quit the wily and
cuitous paths, discovered by modern practitioners,
for the more direct and open toad frequented
by conspirators of ancient times. Of this tt strik-
ing instance has recently occurred, where (it is said)
the violence and obstinacy of two Sectaries pre-
vailed over the sense and spirit of the rest of the
Jury, by forcing an acquittal in a clear case of in-
artificial Treason of the old ,style, conducted ac-
cording to ancient forms, and destitute of any of
the subtleties and refinements of modern inven-

tion.
" It would, however, be impossible for this per-
nicious influence to gain such an•oscenciancy
the deliberations of Juries, were it not for the aid
of a sentiment of false humanity, which is most
artfully excited, and which 'alone could reconcile
the majority of a Jury to the idea of acquitting
a man, of whose guilt they were convinced.
Thinking that their error maybe excusable, if
they err on the side of mercy, they are thereby
induced, after a short resistance, to surrender
their own opinion to the captious opposition of
one or two individuals. But, in yielding to such
impressions, they lose sight of the nature of their
situation ; of the oath they have taken; to give a
true verdict according to the evidence; and of the
consequences which may ensue from a departure
a t
from their engagement. It is not their province to
exercise lenity and indulgence, but to adminis-
ter justice. Being satisfied, on
n absolve grounds,ln
1 e of
i ne
fair
the guilt of the party, in
from the obligation of declaring that guilt ; and
if they suffer themselves to be prevailed on, by
any consideration whatever, to pronounce a- diffe-
rent verdict, they infringe their oaths, betray the
solemn trust reposed in them, and violate the
most sacred duties of morality and religion. The
quality of mercy is the prerogative of the Crown;
and it is one of the numerous excellencies of the
Monarchical Constitution of this Country, that
this amiable prerogative is sure to be exercised,
whenever its interposition would not be produc-
tive of public mischief. But when Juries suffer
themselves to be influenced by such motives, they

usurp a function which does not belong to them ;
they sacrifice the fundamental principles of that
admirable institution, of which they form a part ;
and they render themselves morally responsible for
the consequences. Besides, they most grossly de-
ceive themselves, when they imagine, that in ac-
quitting_the guilty, they yield to the dictates of
humanity. It is a false, pernicions, and cruel hu-
manity which they indulge. "'hey are chargeable
with the most complicated. extensive, and bar-
barous inhumanity._ In saving the guilty, they
punish the innocent. In a case of High Treason,
particularly, they decide between the prisoner
and the country at large; and, for aught they
know, the fate of each is equally in. their
bands. When, in such a case, they spare a life
which is forfeited to the laws, they endanger the
lives of millions—the safety of their Sovereign—
the security of the State—and the existence of
the. Constitution. The acquittals at the. Old
Bailey led, by a natural anti obvious progression,
to the shocking outrage that exposed the kingdom
to the greatest of misfortunes, and that might
have been productive of calamities which would
defy the utmost stretch of imagination ; and
scarcely was the acquittal of Stone pronounced,
when another atrocity of the like nature furnished
au additional proof that the daring and licentious
spirit, which had been emir ed among the lower
orders, could not be repressed without the aid of
example—wheteby the multitude should be con-
vinced, upon the evidenie of their own senses,
that they are subject to-the Laws, and that crime
c,stn.ot hops for
" It behoses Juryineu, therefore, to reflect
very seriously on the nature and intpor [ince
their sitiwinn, and so resolve on a firm anti re-
dkelosti4e of their cliff) ; suil,!ring thew-

%elves ither to he seauced by the arts, intimi-
dated hy the threats, nor vanquished by the per-
t,nac,ty of those who woold pr: ail on (hens to
let•srti verdict which is not dictated by their
consciences. Shall a large majority at respectable
and conscientious men, whose only wish it is to
administer impattial.jostire, bveamc the 151011111-
piece of one or two fanatical Retorirct4, xsho
can discover no guilt in any attempt against thy
e•talnished Govetnment ? or, of a like number of
determined J kcob.ns, who seek to accomplish the
destrut-tion of all legitimate authority ? In re-
sistiN: the obstinacy of xuels characters, they
must expect to undergo some personal inconve-
niencc. The contest may be arduous, and the
strnggle long. But it is a contest with Licen-
tiousness and Anarchy—it is a struggle for Civil
Liberty,. Order, and the Constitution. They
owe it to God and their consciences—to their fa-

milies and their Country--to the present age, and
to posterity, to persevere. If, however, they see
at length no prospect of being able to vanquish
the inflexible stubbornness of the perverse few,
and there be found among the larger number some
whose health will not admit of a farther conflict,
(an inconvenience to which the majority are most
exposed), 'here is still one method left by which
tney may discharge I.'neir consciences, lessen the
evil they cannot entirely prevent, CniiVinee
the wrirld that they have exerted themselves to
the utmost in the performance of a painful duty.
Instead of returning an unexplained verdict, as
in such cases they are apt to do, let them come
into Court and state the real fact—let them dis-
close the contest in which they have been en-
gaged, and point out the individuals who have
obstructed the progress of Justice. By such ex-
planations they world deprive the-Factious of that
ground for boasting,and that occasion for triumph,
which an unqualified acquittal ever affords them,
and they would render the Patrons of Sedition less
desirous of thrusting themselves upon Julies, by
convincing them, that although they may succeed
in frustrating the claims of Justice, they will be
themselves subjected to that responsibility of
public opinion, %vide!' should ever attend the ex-
ercise of a public duty 5 while the acquittal itself,
so explained, would have, in a great degree, the
effect of a conviction, by exposing the criminal
to just and general detestation, which the impu-
nity of his crime would serve only to aggravate.
"There cannot be a greater error than to sup-
pose that Jurymen are not at full liberty to dis-
closesethem whatis p passes among themselves. Every one
erfectly free to make Such disclosure,
either openly in Court, or afterwards to the Public,
in whatever manner his discretion may suggest.
Petit Juries are not, like Grand Juries, swot n to
secresv. If they retire, it is only that they may
deliberate s‘itbout interruption, and apart from
all influence. But they are not subjected, either
by the nature of their office, or the terms of heir
engagement, to any obligation of concealment.
Grand Juries arc bound by oath to " keep the
King's council, their own, and their fellows
because a disclosure of what occurs in that early
stage of the proceedings might defeat the ends of
Justice ; but, as the decision of the Petit Jury is
subsequent to the publication of all the evidence
of the case, no possible inconvenience can result-
from the particulars of their deliberation' being
made known to all the world : nay, it is even a
duty incumbent upon them, to expose the impro-
per conduct of any of their brethren, particularly
if such conduct has had any influence upon -the
Verdict. In civil cases, and also in et iminal ones
where a conviction has taken place, injustice
may, in consequence of such exposure, be reme-
died by a new trial : and in all cases, it would be
productive of public advantage and general secu-
rity, were Jurymen to act under the impression,
that, although for a time they are secluded from
the eye of the world, the circumstances of their
behaviour, while in that state of retirement, will,
if deserving of notice, be brought before the
tribunal of the Public.
As an inducement to Jnries to listen to these
admonitions, let them remember that in cases of
a seditious or treasonable nature, they are not
merely the dispensers of the law, but the guar-
dians of the Constitution. If the laws, which
are made for the security of Government,. be ren-
dered inefficient, for want of energy in those who
are entrusted with their execution, the entire ad-
ministration of justice—the existence of Trial by
Jury itself—all the safeguards of persons and pro-
perty—and all the rights and liberties of Eng-
lishmen, must- give way to that disorganizing
system, which tends to the total subversion of ci-
vilised society. if Juries will not do their part
towards carrying those laws into effect, they will

render the institution of Trial by Jury a curse
instead of a blessing. The mischief they will
produce will infinitely more than counterbalance
all the good they have ever done, or can ever do.
They will crown with success the-machinations
of the Disaffected, and render the cause of-Attar.
chy triumphant..
" The CONSTITUTION-that venerable fabric of
British glory and prosperity—is guarded on all
sides against the encroachments of power ; it is
secure against the inroads of influence—it .bas
nothing to fear from its open and avowed enemies/.
unless their attacks be favoured.by the treachery
or supineness of those who are entrusted with its
defence. Should it ever perish., its destruction
will be effected by the means provided for its
preservation."—June 3,179 G.

CRENI. CON.

COURT OF KING'S BENCH, JULY 9.

TRELAWNEY V. COLEMAN.
This was an action in which the plaintiff sought
to recover a compensation in damages from the
defendant, for the seduction of his wife. The da-
mares were laid at 5,000/.
Mr. SCARLETT Stared the frets to the Jury. The
plaintiff was the youngest son othuit-1 Trelatv..
ney, and had been a Midshipman in the navy. The
defendant As an Officer in the army, recently re-
turned from India. The platnitif returning home
in conseq ence of a wound he ha,( seeeivea, ,ottk up
him ie•idence in London, w,tere ho ..ea, introduced
to an arniaide yeling lady, named A ti,oo, Whose
father had a situation in the stmt cc of the Last
India Compinv I,de„ oirttiy accom-
piished, ad at jtct most iy to Attract the
a.tention mul Kant the affections 0, a young mat),
especial!y tt sailor. After an to tptaiic t,,,ce of about
a year, a ia,trriage took place, tt a tittle tr hen they
vt ere neither of them hilly of age, and he %vas
bound to admit the tn-itch was one to whien lute
plaintiff's father had toyer been reconciled. This
circumstance took place in 1513 or 14, and though
the father was cat favourable to the union, be im-
mediately after it took place, assigned to his sort
an income of 31,01. a year to which the lady's
friends 'added 2001. more. On this income they
retired to a little cottage at Denham, in the neigh.
bourhood of Uxbridge, where domestic felicity
made up fur all they lost•in luxury. They kept hut
little company, but amongst others they were ac.
(pair. ted with a most respectable family, namedDat-
ton, who had so high a confidence in the virtuous
principles of Mrs. Trelawney, that Mr. Dutton be-
ing appointed to a-situation at Cuxhaven, left his
daughter for a considerable time with her. After
a period of some length had elapsed, the plaintiff's
father still remaining as averse to them as ever,
the plaintiff determined to seek out a retired and
cheap residence in the North, they having at this
time a little girl, whose birth had increased their
happiness. It was determined that the plaintiff
should place his wife and child with a respectable
clergyman, named Wright, residing at Hitickley,
in Leicestershire, where theycootinued six months.
Unfortunately Mr. and Mrs. Wright were since
dead, or he should have tailed them to prove the
happy state of affection in which they lived, and
the amiable qualities of the lady. The plaintiff
having failed in the object of his search, atity, itt
January, 1816, went to reside in Bristol, in the
house of a Mrs. Front. At this time the warmest
affection existed between them, when, unfortu-
nately, in March, 181 G, the defendant came to
lodge in the house. The defendant was a mart
of the world, upwards of 40, more than double
the age of Mrs. Trelawney, and as soon as he-
saw this unfortunate young woman, lie deter-
mined to make her subservient to Ins wishes, and
succeeded in doing this within two months atter
be became acquainted with her, unknown to her
husband.=lobe marriage was proved, and wit.
nessts were called to show that il-c phintea
hither was never reconciled to the marriage.
The principal Witness was Sarah Prout. Site live:.s in Col-
leze-,treet, Bristol ; recollects the plaintiff and his wire com-
ing to her house to lodge in the early part of la•, ary, 8
they were strangers to the witness at that time; their family
consisted of themselves and one child ;_theY had the (Inv, ing-
room, parlour, and one eed-room. They eoatinued iu wit-
ness's house till Jul). They kept no company, awl lived
with the utmost economy. was a very
fiscinatit,t; wo-
man, and they appeared to be seal comfortable and happy.
She passed her time chietl, io reading and sewiog ; be also
read a good deal. He was a rest-vet man in his manner.—
Captain Coleman came to lodge in witness's tiouse in the
month of March. At that time he appeared to be a perfect
stranger to Mrs. T. Witness did not observe fir some time
that any acquaintance had taken place between them. Capt.
C. however, lent witness some books to read, and Mrs. Tre-
lawney requested that Cite might have them from the mimes_,.
This en enwstance led to a direct loan of books from defend-
ant to Mrs. Trelawney. Witness remembers ben g in her
garden one day in the month of June. The defendant's bed-
room window was ,00 the ground-door, level with a small
out-house.- A towel had fallen from Mr. Trelawney's bed-
room, which was above Captain Coleman's room, and wit-
ness went" to take it up, 'when in Captain Coleman's room she
saw a pair of shoes belonging to Mrs. Trelawney. On see-
ing this, witness looked towards-the het), where she saw Mrs.
Trelawney and Captain Coleman. Witness saw her getting
out of bed, on which she came round into, the house, awl
met her as she quitted Captain Coleman's apartment with
her shoes in het hand. Witness spoke to her on the subject,
and desired her to quit the house as soon as possible. Site
was fearful of mentioning it to Mr. Trelawney, as she knew
him to be a very strict man. She dreaded what conse-
quences might follow, and was only.anxious to get them out
of the house, as she was- an unprotected woman herself.—
Mr. Trelawney
wn
was
onevening tahpepeared t
question gone to the
play. o
a very young woman,
Captain Coleman was between 40 and 50, a very gehthnia,,
ly wan. He quitted winess's house before Mr. and Mrs. Tie-
lawney did.
Mr. GURNEY baying addressed the Jury on the
Part of the defendant with great ability anti at
considerable length, and Mr. Justice HOL2IOYD
having summed up, the Jury retired, and after
being out for near an hour, returned a verdict -for
the plaintiff—Damages 500/. ; costs 40s. The
, cause occupied the Court from twelve o'clock till
half past five.
• •

----
COAL MARKET, JULY 9.
Ships at Market. ships sold. Price.
47 Newcastle ........ •••••32.
7 Sunderland 7 365. Od. to 38s. Scl;
1 Canned Coal I

MARRIED.
On Thursday, the 3d ino. by the Rev. John Bissell,Richard
NpL,thno, Esq. of St. Pelershorgh, to Elizabeth, eldest
danghter of Samuel Lewin, Esq. of Womaston, in the County
of Radnor.

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