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

hot ate fief. was.nol SC, end Spain admitted tile
initptity •the traffe as as we could. Jit
proof of this he Appealed. to the_ Convention of
1314, the 6clarat;ort nilde in 1815: The
latter contained expressions indicative o'f the
greatest 'horror At the itibinnan traffle...,.. Ha did
nor mean to mike any motion on the stibject,
there was another Member in the House much
more qualified to do so ;. one whom ail respected
for his exertions And perseverance in this great
curse, nod, wh Ole name would. go down to pos-
terity immortalized by the abolition of the Slave
Tragic..
lirtusttcyouce thought it eiiti•emely distress-
ing. that in that very part of Africa in which they
had been healing the wounds inflicted by this tle-
testable traffic, in wbich they had been :owing the
seeds of civilization and sCcuritV, troth wounds
should be tlitts inflicted, and the Seeds of cruelty
and wretchedness slionid again be sown. No lan-
guage eindil do justice to the indignation anti ab-
hortence excited by the very mention of GOO
youtlislorn away in suck a manner, thrown under
the hatches, and left there all grovelling in one
cot/intim mixture with their own ordure. The
subject was 'entitled to the utmost attention from
two considerations; first, because the practice of
dealing in slaves was entirely abolished by the
House ; and then, because the country where
those honors were committed bad been the object
of peculiar care and attention.. He Twilit there-
fore submit a motion on the subject on. Tuesday
next.

Mr. liaettof said there were only three modes
by which this traffic could be pot clown Ist, by
negociation with thote Powers who still continue
to sanction the Sieve Trade ; 2d, by recombina-
tion between us and the other European Powers,
sneli As was the Congress at Vienna for a very dif-
ferent purpose ; and 3d, by prohibiting the em-
ploymeot of British capital in this trade. it was
by British capital this trade was carried on. It was
with a view to put ibis mode into practice that he
had brought in a Bill on the subject.
Mr. A. BARING said, that no commode' consi-
deration could have ;minced him to give the slight-
est opposition to a Bill on such a principle, but
the Bill of the lion. Gentleman was in fact to
prevent trailing with tho3e Colonies in which the
Slave Trade was carried on, or giving security in
such trade, which would only drive the trade of
those Colonies into other bands, as the Abolition
of the Slave Trade had driven all that traffic into
the (muds of others.' Whether the trade was di-
minished, or whether it was not increased by
the partial abblition, he would not say; hut the
hesineas of this country was, that. this thing shall
be made to cease.---(Hear, hear !)—The alteration
that had taken place has increased iefinitely the
misery of the unhappy victims of'the trade. This
arose from the cheapness of this kind of commo-
dity. IVhentheypurchased them at 91, or 51. and
sold them after the passage for 901,, it was no
matter to them whether they lost 40, 50, or 100
of them during the voyage.—(Hear, hear !)--The
Colonies of Portugal were thriving beyond all
other Colonies, in the world through this trade.
He begged again to repeat, that no criutmerentl
consideration-61100d make him opposi- any tiles•
sore th;it might really and effectually put stn end
to this made.'
Lord CAsTmistAGH would not say tiny thing on
Obra litieStlol), -in a conversation ot this nature,
sitter the Hon. Gentlenom opposite was to make a
nmiion so .non 'on the subject. His Hon. Friend
knew, and the House would helieVe, that it was
a sehject which occupied the attention of his Ma.
jetty's Governmenr, anti on which they bestowed
as much anti more labour anti pains than on all
other subjects. The result of their attention and
labour, and of their discussion with other Powers,
they would with readiness lay before the House,
if required.
The Raport was thercordered to be printed.
Mr. V. FITZGERALD .broettght up the Report on the Lu-
natic Nov.—Ordered to tic printed.
Sir F. BURDETTgare notice, that on Monday next he
would make a citation on Mallison's Plan of preserving from
Drowning.
LORD SIDMOUTH'S CIRCULAR.
Sir S. Rout LILY.—It would not be necessary for
him to airologize to the House for calling their at-
tention to the Circular Letter written by Lord
Sidmonth to the Lord Lieutenant of the different
Coonties. If It were not noticed in the House of
Commons, who were the guardians of the liberty
of the people, it might seem to receive front theM
a tacit confirmation. As he conceived it to be a
tnost dangerous precedent, he could not reconcile
it to his duty to pass it over unnoticed, It ,lap-
Deared to. hirn that this letter violated the Consti-
tution in a variety of ways. First, supposing the
law which it laid down to be clear beyond a doubt,
fin, the Ministers of the Crown to recommend
or direct Magistrates how to exercise the law,
aches what lie could not reconcile with the prin-
ciples of the Constitution. it) the second
gLace, what would he said if the law. on the sub,
et wits very doubtful I or inueh tore, what if
there were no authority at all for the conStruction
given ro the law ? As to the first point, he con.
!mulct', at some length, on the uncOnstittitional
and unprecedented step of the Ministets of the
Crown assuming to direct Megistiates in the ad-
ministration of-the law. As to the second point,
ke contended, that upon the very opinion on which
the Circoler was ((mulct', it was evident that the
point was dubious; for all that the opinion said
was, that its Wilkes's case titere was no decision
against their construction of tie law; and that in
one case the power in question bad been ected'
upon. But for any l'slinister of. the Crown to as-
sume the power of declaring the law upon a dolibt.,
bd point was assuming the power of
.a Legislator.
Where the law Was douhtfol there Weft only two
ways in which its construction could be deelarefl,
namely, Ist, by adeclareitteyetionte by fcing,Lo'rds,'
tlfld C 001010118; or, 2dly, by Courts of instiee,who
had the question' before them. T
histeas not
the first occasion cant which the CrOVIII had endea--
conned to assume the power of deciding on the
construction of doubtful law, it had been done
while the Stuarts were on the throne ; first, itt
the case of Ship-otoney by Charles 1. taster Mak
the extra-judicial -opittion of the Judges again
in the reign of Charles 11. who ,took
-opinion an tine subject of the liberty of the press.
It scented that the Attorttey and Solicitor Gene-
rals were now to be held up as the stacks front
whom all law was to emanate. They uov, 'with

~~.

great modesiy, instead of referring t,o adithorities,
proclaimed to thif whae cotilitry that this is thelacv,
mid Lord Sidinouth acted apon it ; mud deed 'hurl
rilligistrateit to Coil.y it into execution. 'rhos
the rodecutive boveinnient deelored to the i t ogis-
tratei what the law is. He begged to he iifigier-
SlOod 8S making Hoellhiion to the late eppoionment ,
RS he thought no selection did more honour to the
person appointed, or those who had appointed
him! But it appeared to him of the greatest im-
portance, that A ttornieS and Solicitors. General
should trot give the law to the people of this
cOtintrv. The doubts that toe lit the minds of
the people of England were not to be lolled by
the persons holding such offices; There Seat an
iustance•of the interposition of the Set:64;4'y of
State in the reign, of one of the worst Kings,
Charles 11. when a Lord Advocate waii t'ound
base enough to trample on the rights of the Pea=
ple, by justifying this extraordinary interposition
of the Secretary of State, for ordering the dew,-
eitions on charges of High Treason to be taken
beforehand. - It was his intention to propose two
retioliitions to the following effect,-after his
first motion, namely, That it is highly preju-
dicial to the dile administration of justice for
a Minister of the Crown to interfere with
the Magistrates of the country, by scat.
ing to them what they .conceive to be the law iu
cases of libel, and to recommend the commitment
of persons without :bail; and that it tends to the
perversion of justice for a Minister Of the Crown
to take upon himself to dictate to the Magistrates
what he conceived to be the law of the land in
such cases, when promulgated on no better au-
dimity than that of the Law Officers of the Crown.
The Hon. and Learned Gentleman then went on
to condemn the conduct of the Executive Govern-
ment, in taking upon itself to solve any doubts as
to what
.was the law upon such pohsts. What
would be. the consequence of giving Magistrates
the power of committing any person who might
be accused on the oath of a common informer of
having made a blaspbemotta or seditious publi-
cation? It would be an alarming feature in
the times, that would abolish entirely the liberty
of the press which had 'existed ever since the time
of Charles 11. He wai ready to think that the
Attorney and Solicitor-General were not aware
of the use that was to be made of their opinion ;
or if they were, nothing could rescue their tame-
ness in making such a submission, The Learned
.Gentleman went at considerable length to spew
the extent of thejurisdietion of the Justices of the
Peace, in order• to prove that, by following the
directions of the Secretary of State, they over:.
stretched their authority ; for, if they did pos.
seas such authority, how came it that they
were never called upon to exercise it before ?
.He' alluded- to the case of Gale Jones and
others, in 1794, who wire never troiohled by
the Magistrates,. because the Solicitor-Generel of
that day never entertained an opinion that there
was such a power existing. -After quoting a va-
riety of ancient authorities as to the power of
Mugistrates, soul thesis:ow front which it seas de-
rived, the Learned Gentloman concluded with ob-
serving, that, till the reign of Philip enol ',lacy;
they lied not the right of committing any person.
wileas lie 'wire indicted even for felony, but Doty
to examine isbn. on the charge ; and Sir Robert
sawyer said, iu the case of .the seven Bishops, that
there had not been a person committed for a libel
for fourteen or fifteen yeate, In fact, there was
direct authority against Magistrates committing
for
.11 libel, becAuse no person, by the Act of
Charles 11., could publish any book or paper with,
out a license. lt', therefore, this doctrine c
40 be established, it must go to overture t,he amlit
berty of the press, as well us the liberty of the
subject, It was a measure for which lost merely
the Secretary of State was responsible, but the
whole Administration : and when one posterity
compared the Constitution they ehjoyed with that
their forefathers had established, they would have
the satisfaction to reflect, that there were some
persons who would not suffer those gradual in-
roads to be made upon it without exiooliee and
resistance. The lion. and Learned, Gentlemata
concluded with moving for an Address for a Copy
of the Case on which the Opinions of his Ma-
jesty's Attorney.and Solicitor-General were taken
ron the 24th of February last, and also with reed.
tag his two, Resolutions.
On the question being put,
The ATTORNEY•GRNERAL opposed the motion;
because, in his opinion, the Learned Geutleman
had laid no ground at all to induce the House to
do that which wee perfectly unprecedentedt—thut
of :laying a case before Porliement, on Which had been given the opinion of the private advisers of
the Crown. Uoess.ParlisizemntsatrTiognsrosotenirin
sive,eerree
laid, so as to strew cleat
to be taken, be never would submit to a viole-
tion of private confidence, by calling fur a erne,
or even an opinion—if the opinion bad been
entitled to in piddle documents. He did not think
even the power of the Ilten.,e cvr,ulii i;itinee bit* to viorate such confidence, either as an adsiser of the Crown, or a COMISuI for an individual.
He_ would oepeat that there tvere no granolas
toned by the Learned Gentleman which
relined'
for the production of
that case. The Law
Officers of the Crown
.had close nothing More
than what it was their.thity to doi and what the
Learned Gentleman would have dome in their
situation. They bad been called ,on ao give their
opinion on a case, and they load done So eOtisCiell-
tiMlSlY. if they
,they deSCl'Ved to be
Covered, with odium and contempt.. They were
not, as bed been " the p.lid servants of
the :Crown." They were sworn to do j 05...,
tic according to the *best of their judgment,
Hod from this principle they never ,hail mere-
ed. Were the Law Officers of the CEO sup:
posed to be so biassed a* not on be able to give
cairr(l,voirr E H
niece felt
itosztotlliiindbse:ottm,iterpcief,i,
Itliottr!
did he thiuk his. Leaned Friend ever telt so
Wetted., %ellen Ire held a lli ld official situation. lie
felt a COnt)Cielllious integrity, its spite Of any thing
that could be offered us a reward or, one side, or
calumny Ott the other,. end had made sip his nand
that nothing should ever drier hint from giving his
cointeictlrious opinioo on ally point that might be
laid before hsiti. Whether this °phials, w
it
or wrong WAS difiereltt on ere rightestion. NO m had
ever raised the.question Court of La wan
that the act of coratuit:log for libel were legal at

, . .
. .
It'd
ale beeatise flie person coraminetit eftsla
refit of his .114heask Corpt,o; and Ihe Omit WD
decide npoo t he legality. pat lII'
Frietol was, whetlitr it w.is legit fill' til"'
lice of l'ea,e tti col;troit N person fore beta
indictment He disputed into hat he (11''
il.itorney- General) thottljiitt %ee rirtkt,t to look 01
what had been done for a !Ong ermile
at tiu+ei
and to se:, on what prio4;ip;!-':
which he considere4 he' 14-utiouritilloPt
Learned Gentleman then tplot:: troth Loll' 1141t.,'
to chew that Justices 'of tite.l7ea...e
In toinmit for all offences before forlicortyd, 311
that his iiithii“i) was decidedly ill
that of Lord 'Coke, as flowed fry tlie
Lettroeti Gentleman opposite. if a libel ‘teten.:i
a breach of the peace, it feuded to it, ad,
9110Sie, a breach; and therefore, aide"
opitiiint vivre completely errenieorts,!:
Justice untionthediv had the pu i er of canulailakt
foe the offence, • Which ntight be tried at the S7'
Sion. Bat another principle was, that that 00.5
was a question of law might he tried by a
La iv, 111/1/ a Justice might be tried everi` bclitivridflii
supreme judicature of the Ho se of 1-0"1"1- sit
had acted contrary to law. t it was me",,l,„;:f
that the Secretary of State hat! not the liv,--104
apprehend, he world anlvver, that this port4ohe
been decided over and over agitio, in and zinc; do
tune of Queen Anne, when the whate''''.„d
Judges decided that the Secretary had the 1'74
to apprehend for libel. What• ponce
Justice have to comatit, 'flacks he had IftePvd
to issues *arrant, or to take recogitilocel.oo
the Secretary of State always had Abl.ttW
with him to take the tecognizancesetriyc"efinfilt,,a
prisoner was :brought before wh" tja
apprehended by his own warr.int. "co,iat
of Wilkes, when these warrHotS were 'he, 511,,,'
of diietission, end when thoie who derit,el.,;:, of
taut
said,
iet:i:cillbtr.iieettCchtiaiusso6ettleU:isitlii::::!llll7l 1.1)3 they oft .e
eirilit):411:111:1:gj
any, of these. objections. Even imud ut•siitt
had nut an equal powetrbawtittr tiBteecrial
Peace, for the Secretary could (tidy iotore 0146;61.
in uses of treason and libel, but the Jas
ictrellottenlitiP6:Blo:4adt:eleidesclotyroititstral corals; s‘tivosit:disi
Itsel:tie.eetrnw
irteo aajitt:yl4
(lief tcetittid:lrilib!
power to try at his Sessions of the Pence old,
and be was afte'rEwyarredscoblitlttrit)it ;theta ab:;l7l;grufrrinsei:rr't
of King's Benell, and admitted so bit) to cony
certainly might any person be tehtt,"4 4100
mitted at present. He stated thioettse ascot orb,
of the fact. The Honourable told liestilrcr roe
tleinan proceeded to vote SeVeral
to the same purport ; and contentie,,ivat cir
the .warrants were the iterSOlig
titled to he discherged instead of tieingserlf
to bail ; therefore every one of c cutt,4
authority, and the J edges who sat in 'b nti Ott
Kittr,'s Bench had derided that the wertl44, port
lePti., soul the Secretary of State I'l4 /I,elitio"
Of 'rim 'start* only in two cases, bar sos,,,,oa#'
traits io eases of crime and
Even it) the year 1608, whit,' the 13c.ibc lopor
tarot was brought into %noshes phlcrl..„.
Lord Ciiiet'-liatiee had given 4 fit,ll„,-e the o',
The Justice, hel''''d alt t{ocatN, thug a In s»iJ
:;
4 cll
He therefore stilituitted that the
by the Law Officers of the Crst`l° pot o',J'"
fountir:i, and '
chats ithels mtlig.°hrttlibYeofpitthiteht7l.le,l,l'll;:e_ol°l r;
ntistloyetiairne.sretitieit'iPosroi,iii:elwiiiciallti,iatlbicteap-rtti:nsttfleeperot sittlietiepti tittaiitit:cyof:::'cyble}liti'):,o4:r:::::'.l::l.l!'.
not be touched by some proeos or
an indictment could be prefvtred iirt; bwria:di
course to this power,. wider 'the
which caused it to be resorted I". 1. tool
aotf
vtalireiatCtcreo‘z
if: 4;buV ;r
rs` cal esit
principle which it involved had A oto
again acted upon, and Stever c:Ille0 the
n".. Under all the Circumstaneei 4111°
tie submitted to the House the 'tattoo 0
..t
negatived. • villietivo
§ir
thoritie Buttftouotts cited gre
of lihr'poce tot,
s to 'chewtha a
t Jnstioe* u4i,
the power to commit in cases to-0,4
plied at great length to the argutoetu,ire oralwt,
torney-General, anti entitewleti 11.1t4 ofe"ivc
borne out by the writers'to volkiell 04- ocrt';o,,
itt tat comtractitm which i.e hod rittlid 004,
irt the present case usage louoie '
Wish the legality of tbe ettorse ie.
pursued, anti lie would lieu/ that
hall beets proved, The Stotott uaa.4,140,„
torney• General ball justified the nlB4, ie oarc
the Law Officers of die Crovent pe °slot!
authority against him, anti tare*' °of
,E,00`,10,0,',1,
asses coold joitify, tSe "L'e
..1 rot° te.
which Lord S;ilittooth had asooltlL"tof Ott.
%Vent at once to invade the fret:4°n
and the liberty of the sobjec-• she sl)es;.l► .1
Mr.
.11. Dm St3TON
sons w-hieh bad induced his i";',:crilict, 1r5..004
have reeootse to that measure 1,041
!Ibis flight called questi,.o. lb, cod itt
mind the House what the tulle nr_ fool, mr44,.'
been at the time the Circular vv..
,sufficient to state, that the 1000 ni emool,01:
wi rt t"
fiefttiot)S wet rirettlatioo, $4lll
became IteeeSsAry,, in thee monto 1:al
ow
great alarm hating heett otre'stbidivi(lajtilied.,
by sate of the oiloif reSPeetable to plte
COntitty, for his Noble lteletioc ettou.
nion of the Law Officers of tbeu11 a
then for hiot 10 Wri Silte,flCA ((WO 1.11
e ; agate's
Oti glvteiu tll p)1
1;1°bld-:PoPlki:1'1:f:
to adopt the course I efer'''o4)
is-one a Cirettlar Let ter exphAnst of, to 40- oith,;,,-;. •
"Pfre*red the moot efficient melt _ 't
,t) c 'OP "
r0,,1d resort, ~tot the dect•tt whet e/'
dottlited out, lute: with tbe °Pr • .„,tlie,,4
Roost• to- le
Alt. COVItTNAV thOirgiltclif
cdtgi(l7),lfer
111(';ot
treme fur. the 1-lottle d iii one'
that sebiell the Circol4r of 14(11 by ti+e
h
ed, and which ad-been Urbe" s f;tr I$ SIP
ga fo
of the Attorriey-Gene:o.• oi
sale
st t)
puling any improper motive •
-.mil' •