The Sun.
London, England, 1819-12-31 00:00:00

GRAMPOUND.

MR. EDITOR—The discussion of the Right of
Voting at Gramponnd, certainly has. occupied a
considerable portion of your columns of late. It is
not my wish to extend that discussion to a tedious
and unnecessary length ; the queStion out of which
it arose is too interesting and important to be
lost in answers to personal charges, and charges
of personality ; and therefore, Sir, tlao,igh I may
be desirous of clearing myself from the imputation
" of being needlessly triumphant in the exposure
" of a contradiction" which TEVAX asserts 'that 1
had " invented for him," 1 shall pass it over ;
not so, however, as TENAX passes over die
charges under which he finds it is little easy to
succumb, as they seem to occupy the largest por-
tion of his Letter.

When I addressed you formerly, I professed my
intention of adhering to the consideration of the
case of Grampound, and the nature of the Right
of Voting there ; to that intention, I believe, I
adhered strictly ; but, on the present occasion, I
shall, after I have briefly noticed the last Letter
of TEN AX, advert to the question with which be
originally set out, namely, that thi Legislature
cannot justly disfranchise Grampound, and trans-
fer the Right of Votive to another and more po-
pulous place. The power to make the transfer,
TENAX IS too " CODSI itll! lone' a writer to dis-
pute ; the only point therefore Avill be, whether
that power will be justly exercised, it the honest
Electors at Grampound are deprived of their
franchise for the offence committed by the majo-
rity of the community.
TENAX states, that it is not fair that his use of
the term " Burgage should still be taken in its
limited sense, instead of that general acceptation,
which, for brevity's sake, he had ventured to apply
to it," and afterwards that he had " stipulated
for its use in a liberal sense." TENAX is a writer,
notwithstanding the profession of his " little re-
gard to the date of his language," who must
know the importance of using words and terms in
the precise sense in which they are genitally used,
and especially terms of art or science. Burgage,
I contend, is peculiarly a scientific term, usually
applied to a species of tenure common in
ancient Boroughs. It may, I 010 not scruple
to confess, be applied more extensively and
liberally, hut I believe there are few who
would imagine, when they heard of a man's
possessing the right to vote at Elections of
Members of Parliament " by burgage-holding,"
that he possessed it merely as a contributor to.the
parish burdens, and not as the proprietor of a
burgage tenement. The " general acceptation,"
or rather application of the term, I will venture to
asset t, is confined to the species of tenure to
which I have alluded, and I will add, that TENAX
is the first writer who has used it in the more
liberal sense for which he stipulates in his last
Letter. In his former Letters, he stipulated for a
liberal use of the term " Burgess,",which I ant
sure none of his '' antagonists" will deny him,
even to the greatest extent to si4rich it can be
appi,ed ; but to-night is the first time that we
have heard of his stipulating for the liberal use
of the terms " Burgage," and Burgage hold-
ing." For one, 1 shall protest against the
term " Burgage " being received otherwise
than in its general acceptation as applied to
tenure, and " Burgage holding," so evidently ap-
plies only to the species of tenure which I men-
tioned before, that I am sure no one will apply it
otherwise.

One more observation only shall I make on
the last Letter or TENAX They (that is the
" rights popular) are all invested or onereted.'.
TENAX tells us, with a species of " property test
" rather inconvenient with the mere test of po-
" pulation." In the answer of TENAX to the
Letter of VINDEX, the distinction between rights
resulting from the ownership of real property, and
rights popular or personal is broadly taken. In the
last Letter of TENAx it is confounded; rights result-
ing from the receipt of rents of Freehold Property,
to the amount of 40i. annnally,and Rights resulting
from the payment of Parochial' Taxes, are there
placed on the same footing. "It (that is, the
" Right) may lie personal, quoad the Payer" of
Parish 'faxes; so it is quoad the receiver of 40s. a
year,'' but it is substantial, quoad the cause of pay-
" ment," as it is quoail the property for which
the rent is received. Thus persons who, have no

pern*i
ElectY

Vienchiseii Merely temporary, continu-
ing ,solong.ll3 they reside in a Borough, and
are able to pay-Parochial Taxes, are, 'on the
prine4pfe maintained by TENAX, to be classed
withie,rsons whose interest in the soil i 9 great and
perimMent, and who the Law consequently pre-
sumes will always have the advancement of the ge-
neral prosperity and welfare of the country in view,
as by that alone can the value of their property be
maintained and secured. The ownership of the
popery constituting •the qualification,of the one
is the pledge of his attachment to the Country Mil)
its established Constitution, but the persons: - resi-
dence of the other in a borough for six months
forms .nn tie upon him. To-day he may corruptly
give nis vote for an individual,--,Who, ImOcriesiVe;
will sacrifice the dearest and most invaluable
rights of those who are bound, as it were, to the
country, by time ownership of the soil, because
he is aware that he may himself escape to-morrow,
without loss or injury from the operation of those
unwise and unconstitutional measures, which the
individual for whom be voted was the means of
enacting; while the owner of the soil, on the con-

trary, knows, that if he supports a candidate wl►o
does not understand the interests of the Country,
or who will become a party to measures inimical
to those interests, he himself is a sufferer by the
deteriorated value of his property. Upon these
grounds, I am induced to think that TENAX is not
correct, in referring rights resulting front pro-
perty, and rights popular or rights resulting from
a personal residence merely in a place to the same
test; on the contrary, I believe it is of the utmost
importance to keep them distinct, and to main-
tain that 'classification which all the Writers on

he Laws of Elections have sanctioned.

I now come to the consideration of the justice
of disfranchising the Borough of Gratnpound,
which has been convicted (at least the majority
of the constituent parts have) of gross and pal-
plhle bribery, and I shall endeavour to state as
shortlyreas possible my reasons for thinking the
disfranchisement not only just but necessary.—
Tama% doss nuts nor will wny other person, I
suppose, dispute thC danger to which bribery
poses the Constitution, and the consequent ne-
cessity of endeavouring to check its prevalence.—
Upon this point all must agree ; the means, then,
of preventing bribery alone remain for cots
sideration. The commission of crime the
Law endeavours to restrain by the infliction
of punishment, and punishment is according

to the nature of the tiffence.
of the crime 'of bribery, upon this principle, is the
criterion or test of the nature of the punishment
to be inflicted 'au its commission. Bribery is a
breach of that trust which the Law reposes in the
Elector, when- it endows him with the Elective
Franchise, and in this respect it bears a striking
resemblance to the crime of treason ; for what is
treason, but a betraying, tresci,ery, or .breach of

The nature

faith, which BLACKSTONE quoting The Mirzor
said), only happens between Allies—and between
whom is there, I. ask, a stronger alliance,
or one that should be preserved more sacred and

inviolate, than between the Constitution, an►i
every member of the community. Any crime
therefore committed against the Constitution, 1

think, is a crime in the nature of Treason, and
more particularly if that crime involves a breach
of the fundamental principles of the Constitution.
Such, for instance, I consider Bribery and Occa-
sioriality ; they tend to the destruction of the Con-
stitution ; for " to corrupt the Representation or
openly to pre-engage and prescribe what rn9r)-
" ner of persons shall be chosen; to regulate
" Candidates and Electors, and new model the
" ways of Election, what is it, says Mr. Locxe,
"'but to cut up the Government by the roots, and
" to poison the very fountain of public security."
Such being the effect and object of the crimes
of bribery and occasionality, we cannot err in
considering them heinous offences and crimes
against the established Constitution of the Coun-
try, partaking of the nature of treason.
" The Runishment of High Treason," to use

the words of BLACKSTONB, " in general, is very
solemn and terrible." I t is death,and when sentence
of death is pronounced, the immediate and insepa-
rable consequence by the common law is AT.
TAINDRE. The corisequet►ces of attainder are for-
feiture, whereby a man forfeits to the King all
his real and personal estates ; and corruption of
bjood, whereby a periou can neither inherit lauds

from his ancestors, or transmit them by descent
to his heir, and at the same time obstructs- el
descents posterity, where they are obliged.
to derive a title through him to a remoteran.
cestor. The great consideration upon- which.
part of the punishment of Treason -is founded is
this, that it will help to restrain a man nnt •
only by the sense of his duty and dread of perso.'
nal punishment, bat also by his 'passions and
natural affections ; and will interest every depenw
dant and relation he has, to keep him from-of-
tending, according to that beautiful sentiment of
CICERO, " Nec rero vie fugit Alum sit acerbum,
parentum scelera filiorum penis lui ; sed hoc p" rte.
clare legibus cornparatum est, ut caritas liberonnti
arniciores purentes reipublica. redderet," This is'
the puttislitari,l of Treason Sgainst the pergon"
and government of the KING, and the •ilaion of.

it and why should not a punishment analogous
to it be inflicted on Boroughs where the twin-
rity of Voters have become corrupt, and where
the crimes of bribery and occasionality have be-
come generally prevalent, as I have shewn that
they tend to the subversion of the Constitution
and its fundamental principles, and that they are
the most dangerous and heinous offences which
can be committed against it ? This Letter has al.
ready been drawn to a greater length than I in
tended or could wish, I shall not therefore add
any further observations on this part of the sub.
jeer.

TENAX, by the frequent declaration of his prin-
ciples, and of his constitutionality, scrim to taunt
his opponents with the insinuation that he alone is
loyal And constitutional ; I must, therefore, its
conclusion, beg to assure him, thy I was early
taught to venerate the established Constitution of
the Country, and to feel the warmest attachment
for THE FAMILY seated on the throne of this
Kingdom; that attachment has been matured and
confirmed by an attentive consideration of the
grounds upon which the House of Brunswick was
invited to this Country, and of their conduct in its
government'; And I humbly trust that I shall- never
be found a less zealous supporter of their cause, and
tharlif "our inestimable Constitution, than TENAX
, .

Lincoln's Inn, aotti Dec. 1519.

FOR THE SUN.

PE M LiELCION

A 1.% NCH EST F. R FACTS.

MR. ErnToE--I observe with surprise, that no
Prominent. notice has hitherto been taken, in
your truly loyal Paper, of a Pamphlet entitled,
" An. Exposure of the, Calumnies crculated by
the Enemies of Social Order, and reiterated by
their Abettors, agains.t the Magistrates and the
Yeomanry Cavalry of Manchester and Salford.',
This Tract is not anonymous, hut bears in its

front a name which is a sufficient voucher. for its
truth and accuracy—that of FRANCIS Puturs,
Ssq. an opulent and truly respectable• Manutac.
;nrer, residing near Manchester. I will not send
yon a review of it, because suspect that literary
articles in daily publications are seldom much at-
tende to besides, that this is not a literary, but
a political matter, and one of high importance.

After the abominable falsehoods that have been
circulated in factions prints, and bawled out by
more factions mouths, the genuine wish of the
)ncorrupted part of the public is ro see the real
truth fairly and honourably stated. Here, Sir,
they will see it. They will see also the manly
and honest Address, which was signed by 1477
persons, while an opposing Declaration and Pro-
test, even in Manchester itself, obtained 0n1y•530
signatures. The Magistrates and the Yeomanry
themselves have most judiciously preserved a rigid
silence, leaving -with proper dignity their char.ie-
tell to be justified by legal investigation. For
the same reason, not -one of those persons sub-
joined his name to the above Address. But a
statement from a neighbour, an eye-witness, a
man of character and honour, is certainly what
every candid man would wish to see. and what
he will not tail to see, if he procures the Pam-
phlet in question.

TRUTH.

The more the New System is understood, the
more it is. approved. It has been the means of
distributing FOUR TWENTY THOUSANDS, as Firit-
drawn Prizes, in London and its environs, in the
short space of One Month only. Edinburgh,
Bristol, Chester, Liverpool, Newcastle, besides
29 other Towns, have also participated in Four
different Twenty Thousands. In the small Lot-
tery, to begin the. 12th JANUARY, there are Foutt
NIORE TWENTY THOUSANDS—and the Two Frit-

drawn Prizes are certain of an additional Twenty
Thousand each. This excess of Prizes is to begin
the Leap Year, which is usually a new induce-
ment to every class of adventurers 10 tempt Dame
Fortune.

FOR"I'HI, SUN.

NEW LMV OF LIBEL.

Oue topic or other, th►►ugh possibly not of
greater importance, has called my attention from
The Bookseltsl Petition against the new Libel
Act. Thus it is in life ;—we postpone a duty
from clay -to day, until it is forgotten it) a different
occupation, and at last perhaps l.►id aside in ne-
gligence.

The opinions of a body of men so respectable in
their character, and carrying so touch well ac-
quired influence, o►►ght not to have been pratter-
mitred. Evel y one will feel the reasons of that
influence as well as its weight 5 I need not dilate
upon I e m .

I sl►all discuss the Remonstrance of the Metro.
I►olitau Booksellers with the candour which, I
I always use, am! will, more courtesy r•'an
often exercise. 1-he former is toy general duty;
the laver is their particular tight. Jr is not al-

4ys my tortone to t:►eet oppot►.nts, so re•pect-
able, and so well.inteutione►l.

The;r statement—that the punishtnent of Death
is visited by the new Law upon the Lihdler—
seems to me foutaled upon an inadvet fence. Not
the Libeller, but the returned transport, is sub-
ject to that ul!imate infliction. His re-lauding
upon the 13.itish soil, i 3 a divinct offence,_ without
any reference to the original offence which in-
curred his expatriation. A third Libel he cer-

tainly cannot commit ; since he must ei,her re-
main abroad or be hanged for coming home ;--•
but for his second libel, a foreign residence will
always save him from capital punishment. It
might as reasonably be argued that our Law pu-
I;isbed swindler. and pickpockets with death ;

because it has sometimes cured those returned

transports of their maladie du pays.

I cannot conceive, that reasons which are in-
sufficient for the general impunity of Libel, should
be sufficient against the increase of its punish-

n►ent. Neither, that a written slander should be

less difficult of conviction than a spoken one, or
less severely punished. As little can I imagine;
that any man who knows how to write, can " ig-
norantly or imolvertently" write bilspherny or
sedition. These offences define themselves; they
possess a certainty in their own terms, not
less preeie than the intentions of their

Author. Unlearned men may utter them ;
but their scription is a deliberate act ; their
typography yet more deliberate ; their publi-
cation most deliberate of all. A private libel
may not possess all this certainty, nor, perhaps,
all this mal-intention ; but the Melropolitan
Book.cilc,. wm recol►ect, that private libels are
not the object of the new law. It were difficult
to find twelve men, of clear intellrct and of sound
principle also, who could acquit blasphemy as
pious, or sedition as Constitutional.
I say it with all possible respect, and without
ny the least unkindness, that whoso enters upon
a profitable occupation for the sake of its profits,
is bound to its duties and subject to its hazards.
An Apothecary is not mote obliged to beware of
vending poisons, than is a Bookseller to beware
of publishing libels. We resort to the one for
the means of healing ; to the other, for the means
of instruction. It their present gains will not
afford more numerous and more vigilant cau-
tions, let the medicine and the book hear an
higher price ; but in no case should cheapness or
convenience justify the natural or the moral con-
tamination.

That the character of a Libel is uncertain,—
that its criminality and its innocence are undefin•
able, variant as a cloud and shifting as a wave,—
is a matter of objection, not to the nature of the
offence itself, but to the mode of its decision. I

was not the first, to advance a censure, which
would argue against the improvement of new law
by the,j-toperfection of 'be old. If the offence of
a bOqiep3shas - been hitherto uncertain,—if" it
ed,
possTihs fixed character, whereby its guilt
„mitypbe•ascertained,—where is the dubiety to be
found ,? whither is the deficiency to be traced !
The Metropolitan Booksellers compel mine eyes
to that Law which nr.fixed the certainty, and
placed it upon'the fluctuation of a verdict.
Many of these Gentlemen I know, and all of
'Lem I respect. They are incapable—one and
all—of desiring the impunity of crime. They
would not willingly, for any purposes of gain,
make their establishments the repository or the
ally of the infidel or the rebel. It is not possible
for any language to acquit them, more sincerely '
than 1 desire to do, from all participation with
suds criminals. Nevertheless, I must re-urge the
necessity of their added vigilance, no matter at
what price or what trouble, against the publica-
tion of seditious or blasphemous libels. I ac-
khowledge the difficulty only insist that it
must be conquered.

To some of these inconveniences let me now
advert. They must not engage careless servants,

nor retain %Indict ;ve ones. They must tale eare
not to circoldte suspicious works -; and to look Its
the character.of the Publisher, before they circAt•
Ive his works at all.—They must.-biod thernselve4
to one another, to be cautious as to the works
which they publish, and as to the Authors foi:
whom they print.—Let the original Publisher
look to his press, and the subsequent circulator
will be in little peril. It is not very probable,
that a honk, not ostensibly written on Politi-
cal or Religious subjects, will inculcate Sedition or
Blasphemy : and, if it does, its Publisher may
very reasonably see to it.—Surely, however, a
work may be Political without reviling the
Throne, an Rvligions without profaning the,
Altar.—flow rhrn, learned and respectable Wri-

leis, of the bto.3t itObS inCipleS" Call be
d~tcrtetl front treating on Political or Religious
" subjects at all“—is utterly beyond my finite in-
telligence.—Equally so, how" tespeetable wutKs''
can be affected by a law against Sedition and Blas-
phemy —I mention no patticular namt s with an
invidiotn, preference ; but in what manner, let me
ask, can a against Sedition pruindice Mr.
11A-rcuArlo ? Or a law against Blasphemy ii,juie
Mr. Itiel TON ? What Bookseller will hesitate,
under any Lrgislatire strictness, to sell a Work
which issued from their establishments ?

the Metropolitan Booksellers, not only the
" Nation's taste" depends, but the " Nation's vit-
" tue "—The responsibilby of the charge is great:
so too is i's honour ; let me be allowed to add, and

most gladly, to add—so too is its emolument. The
liberal persons whose opinion 1 presume to con-
travene, know the importance and the sacredness
of their trust. The spiritual not less than the
moral and political welfare of the rising genera-
tion is in their hands. Bad men may creep in
among them, whose purpose, like Satan's in
Paradise, may be the destruction of the lair and
hopeful prospect. They will desire the intruder
to be expelled, and gratulate the law of his ex-
pulsion, rather than question its effect upon them-
selves.. The fiery sword which defended Eden,

was pointed from its walls, not jut o its aanc-

tuary.

The Metropolitan Booksellers have not sug-
gested any means whereby the new Law might be
rendered equally efficacious, in the lieu of those
pleventions which they deprecate. Stich,' had
they suggested ChM, would have merited the
most respectful consideration. At present, how-
ever, we must consider the proposed punishments,
not in reference to their pressure upon the good,
but to their operation upon the bad. Blasphemy
or pdifion insist not be toletated, because they

are not novel ; neither may their " standard,"
character, or their " classical" language be their
justification. No man regrets more than I (1,),
any inconveniences which may fall upon the Me.
tropolitan Booksellers by the necessary severity
of the new Law ; but I am consoled in reflect-

ing, that in proportion as the LAW is severe, it
will be terrible ; that its denouncement may pre-
vent its infliction ; that fear will moralize those
upon whom honesty fails. The share which

those honourable men whom I now address will
have in the inconvenience, will be their share in
that great sacrifice, which the loyalty and the
piety of the Nation will be content to endure,
acid .which will unite us all the more actively, the
more perseveringly, and the more sharply against
" Sedition and Blasphemy."

TENAX.

PARLIAMENTARY PAPERS.

AN ACCOUNT of the SUMS voted on ESTIMATE in cad
of the Years 1712, 1813, and 1819, for PUBLIC DEPART.
MEATS belonging to the ARMY SERVICES.

1792.. (Exclusive of Ireland)
181—
Great 8ritain....L.188.201 9 5 1
* A Ireloin
11,90 7 91

200,161 17 2

Great Britain 130,31.3 14 1
18I'• • {lreland
---- I 150,228 10 8
• MEMORANDIJM.—Intbe year 1792, the Salaries and Eurio-
inn:lents of the Officers and Clerks of the War-Office, consist.
ed partly of Fees ; for which, fixed Salaries were substituted
in the year 1798.

't he amount of these Fees in 1792, was 4,9971. 3s. 4d. and
should be added to the sum of 40,2381. ss. 2d. above men-
tioned, to show the Total Expense of Public Departments in
that Year.
•
War-Office, Nov. 29, 1419. PALMERSTON.

THE MARKETS.

CORN-EXCHANGE, DEC. 31.

We had a very large quantity of all Grain at
Market this morning, chiefly consisting of what
remained over from the Arrivals of Monday and
Wednesday ; but owing to the severity of the
frost, and the stoppage of the navigation, very few
sales were effected, and pi ices of every article may
be considered nominally as on Wednesday.