The Sun.
London, England, 1810-06-16 00:00:00

been put upon his paper, the Press must be
silent, or writers would have to confine their co-
lumns to the praises of men in power. The em-
ployment of the German troops was that circum-
stance which had excited his indignation; to see
those foreigners brought to superintend, or per-
haps inflift the punishment on the misted young
. men who had been concerned in the squabble at Ely,
excited his indignation more t' an the punishthent
, itself. Our ancestors had always disliked foreign-
troops ; almost every body disliked them, and sure-
ly that dislike could nor be Construed into any thing
Jacobinical. In 1628 the Commons itad remon-
strated with Charles I. against the introduC•iion of
German horse.-IHere Mr. Cobbett, read the pas-
sage.]—Those sentiments, contained in that pro-
test, were his (Mr. C.'s) sentiments, and the con-

published worse than this, f", ,r which they had
not been prosecuted.
Fecerunt alii et multi et Ilejores. . '

That was his arg-u:nent. The libel, he had elluded
to, it was true, had been prosecuted by his Learned
Predecessor ; and, it was also true, that it bad been
suspended by himself, but not for the reason assign-
ed by the defendant. The wickedness of him who
composes, and of him who'prints a libel, certainly
bore no comparison .and except for deterring
others, there was no reason for prosecuting a
printer; unless it were for the purpose of getting at
the author. Although men who lend themselves
to. others were, in such cases, guilty of a -serious
crime, there was, be repeated, no comparison be-
tween. the printer and the aethor. Now the author-
of the Betide in the paper alluded to had been ascer-
tained, who not being in the kingdom, hed.not Set
been prosecuted ; but when that person returned to
England, hews:veld certainly be prosecuted, and, if
found 'guilty, punished as he deserved. On that
account the presecution already instituted had been
suspended—not dropped. Mr. Cobbett had given
them a pretty long account of himself and of his
principles—and according to that, no man had been
so greatly, so cruelly calumniated as Mr. Cobbett.
He was not, however, sure that Mr. Cobbett had
an accurate distinction between the aaive and pas-
sive voice. He was not a constant feeder of Mr.
• Cobbeit's Register ; but it had not 'alien in his way
to see many publications which should lead' him to
believe that 'Mr. Cobbett was a mean more sinned
against than sinning—that he was, as he said,
" the most calumniated man in the country." He
had, in the course of his defence, bestowed no in-
considerable share of praise on himself, of the full
benefit of which he would not deprive 'him. One
concession he was ready to make to Mr. Cobbett—
that, at the early part of his life, he had preten-
sions to that loyalty which he now so loudly pro-
fessed ; but Mr. Cobbett having appealed to him
(the Attorney General) as knowing the loyalty of
his principles, at this time he felt himself bound to
say, that no means had been afforded him of draw-
ing any `such conclusion. Mr. Cobbett, in defend-
ing himself, had dispraised the taste and style of the
alleged libel ; but as to the evil intentions imputed
to him for that publication, he fleeted that as a
mere trifle.; as to any wickedness of intention, that
was quite, out of sight : and then Mr. Cobbett read
a protest against the introdu6tion of foreign troops,
and had afterwards stated, that such protest was in'
confOrmity }with his opinion. It would be of no
consequence to any one of what opinion Mr. Cob-
bett might be ; but ha, the Attorney General,
would ask the Jury, 'had Mr. Cobbett merely of-
fered an opinion- on this subject ? He had intro-
duced his opinion by stating, that the Acts authorising
his Majesty to raise foreign troops were mere acts of
indemnity, but in his defence had contented himself
with stating his own conduct and opiniods, and con-
cluded his argument by assuring the Court and Jury
that the libel was merely a mode of writing he
had adopted, for pointing out the errors of Lord
Castlereagh'l but he would ask the Jury, was there
any thing like discussion in the' paper ?. Did • Mr.
Cobbett, in that paper, seem to think there was any
wiser course than that adopted by the Legislature—
did he think it would be the wiser course to wait the
arrival of the enemy ere the people should be tra'ned
to arms; or did he wish to prevent the people 'from
submitting to any measure of that sort ? It must
be remembered that this paper appeared after a le-
gislative measure had been passed, by' which a mi-
litary force had been embodied, and, after a muti-
ny had taken place, for which punishment had been
awarded, although a part of that punishment had
been remitted ; the objet`' then of Mr. Cobbett must
have been again to light bp the flame of discord, by
holding out that the German Legion was brought
for the purpose of flogging our soldiers who were
forced into the army by measures more tyrannteal
than those of tuonaparte: But his Lordship-would
tell them, wheteer the object of this paper was not
to ,create general discontent, and defame and vilify
those who bad Iceally entered into the service of
this country. He would tell them whether it wi s
not the object of this paper to insinuate, that our
army was raised by measures more tyrannous than
even those of Buonaparte. (The Attorney General
then read several of the passages from the libel,
on each of which he animadverted.) He asked,
what could Mr. Cobbett mean but to re preach
and, taunt the Local Militia for having submitted
to be flogged ? Did he not naaan to ridicule
them for being so. dastardly"? Surely he did—
and meant also to excite the people of Ely to kee
the soldiers from the punishment of the 1aw...-.
Could any man of common sense doubt that he
meant to reproach
,the people of Ely for having pa,
tiently witnessed the scene ? These men who were
punished had surrounded . and beset their Officers,
and being guilty of mutiny, were sentenced to a
deserved punishment. But this mutiny -Mr. Cob-
bett had treated very slightly, and his indignation
bad been powerfully excited, that in consequence
of this trivial offence, /this squabble, the German
Legion should have been bent for to flog them.
But that was not the fad ; the German ,Legion .
had been sent for to suppress, in, the first instance,
•a Most dangerous mutiny, and eventually to oblige
the mutineers to submit to the dacision of the
law, by which they were awdrded punishment.
Mr. Cobbett did not even allow it. to be a mutiny,
but merely a little. disorderry conduct ; a squabble
about the marching guinea. It would be wasting
time to offer further ebservations to skew that this
was a libel. But pee word he must say on that,scan-
dal which Mr. Cobbett bad cast on the German Le-
gion. That among 12,000 men,some men might have
misconducted themselves he would not deny, nut this
he would maintain,• that there never was a military,
corps in
,this kingdom of -whoin there was so lit-
tle complaint, or so little cause of complaint. He
had no doubt that every act -of misconduct, how-
ever trivial, found its way to the defendant ; but if
the whole came to 'be scrutinized, even in the ag-
gregete which he might thus collect, it would be
seen that their general conduct " mould be found ff
such as he cthe Attorney-General) had dLscrihed;
Mr. Cobbett bad stated, that the German Legion
had acted with cowardice at Talavera ; but this,
he knew,- that of the four standards taken in that
battle, three were taken by the German Legion !
That was, an extraordinary proof of cowardice

du& of the German .troops, within his own obser-
vation, had strengthened that opinion.—[Mr. Cob-
' bett then read another pas.age, from a debate on
the appointment of Foreign Officers, in the reign
of .William lII.]

.There were nu fewer than 4 or 5 German Mene-

rids who commanded even English Generals. Since
the year" 1786 this force had increased from 24 to
, 34,000 men. We had 34,124' foreigners, 4 Gene-
as, 4 Lieutenant-Generals, and fg Colonels. There
was also a Frenchman, of the name of Montalam-
ben, on the Staff in. Sussex, and two French,

men at a Dock-yard in Wales—that uas direttly
against the laW. Both the Atts of Parliament by
-which Gertnan troops are allowed to bein Engiann,
were in truth, merely AdS of Indemnity. for the de-
claration of rights. and other statutes had declared the
holding vlaces of trust either civil or military,
illegal. There were no less than 773 German 01E-

. -
cers in our service, and, including foreigners of
other-nations, there were 1509 foreign officers in
our pay. Of the number of foreign troops in our
- service, not more than 4 or 5000 menihad been en-
, listed in this country—many of the 34,000 had been
even enlisted in Spain—taken out of prison there,
having been ire Dupont's army ?—Why then were
these men brought to superintend the lashing the
backs of his own countrymen ?—lt had been assert-
ed that the German troops had behaved biavely at
Talavera—that he knew to be the contrary of the
fa& ; he had a letter from an Officer of Horse Ar-
.tillery, Lieutenant Frederick Reed, to an Officer
high in Government, in the Office of Ordnance,
in which it was asserted, that from the cowardice
of the German Legion, some English regiments
would have been cut off if the 29th had npt
come to their assistance. ' This was confirmed
to him by several Officers, who had slept at his
house at Bosley, after-their arrival in England. A-
German officer, of the name of Landreth, had in-
, deed seized a standard, and endeavoured to rally
his countrymen, but it was found'impossible. 'With
respect to their conduct in quarters, he was.him-
self able' to form some estimate, as he lived in
the neighbourhood where they were quartered.
But he would first read a document which would
spew what had been their conduee• even in Ger-
many. (Mr. Cobbett thpn read a letter from the
Archduke Charles, to the Duke of Brunswick Oels,
reprobating'the excesses committed by his corps in
Saxony.)—These- were the very ,men now in ()it'
pay. On their landing in England they were
quartered' in , the Isle of Wight, where they-
committed every species of brutal excess—from
whence they were sent to Ireland, on account of
their eoormities. They had even been accused of
committing murders. A landlord, who refit-ed them
liquor, had-been attacked by them with swords, in
his own bar, in the most ferocious manner. And
the terror of the inhabitants of Newport exceeded
any thing that lied been done in this country. The
AttorneyeGeneral bad, therefore, been grossly mis-
informed on the subjeei Of their bravery and good
conduct. Among those men there 'might be goOd
men, but they could not have the feelings of Eng-
lishmen. There could be no doubt that they would
love their own country best, for if a marebe born
even in Lapland, he would prefer it, and would they
not prefer _ Germany) If Buonaparte were to
land, he should fear they would not be likely to
be 'a strong defence for England. They might be-
come the advanced guard of Buonaparte—the
'Trojan Horee,with his belly filled with Hanoverians
instead of Greeks. At Goadaloupe the 60th regiment,
we were told, had run away. The def.& of that
regiment was a,t Lym.ingtoo, and was filled up prin-
ci,pa!lj with Fo.eigners and vagabonds taken nom
our jells, whence they. were shipped off to the Goth
regiment in INe -West, Indies, where they had an op-
portunity of sewing their bravery--by running,
away. Under these impressions be had written the
article in question, and he trusted the Jury would
see that it .could arise from no evil intention. but
from the irritation of his feelings alone. Every ad-
vantage he possessed was prospective—all hi's pros-
pectse his property, his publication, ,even the very
trees he planted, ail depended on the continuance of
his Majesty's Government ; and that, therefore, it
Was impossible that any marl could impute to him an
intention so stupid, so absurd, so senseless, as to wish
for the (wet throw of that Government under which
•„
he lived.

•
He could not bear such a calumny as had been
tvtered against those brave men without repelling it.
The question before the Court and Jury was not,
however, on the merifs or demerits of the German
Legion the question for the Jury to decide was,
whether that mischievous paper which had been
read, had it not in vie* to hold tip those brave men
to obloquy and contempt, and, to excite itL the
minds of the military disobedience and resistance,
and in those of the people at large of this country,
a disposition to discontent and disaffe&ion. -
Lord ELLENBOHOUGII commenced with a recapi-
tulation of the material parts of the alleged libel,
and observed, that the question Tor the Jury to con-
sider, was, whether. the mischief ascribed to this
puSlication was fairly ascribable to it, whether it
was of the noxious tendency imputed ,to it, The
Defendant had stated, that lie 'was a most ca-
lumniated..man. Whether, that was the case, he
knew not. But he hoped and trusted the Jury
would exclude all prejudice from their minds—that
they would consider. the Defendant as a new ny.i.n,
whose character was wholly unknown to thern.before
this day. His Lordship, after reading another extract
from the Register, proceeded in
,his commentary.—
The_delendant had, he. said, stated that this conduct
oh the part of the Militia, was not a mutiny, but •
a • mere squable with their officers- about a march--
ing guinea. But how a squabble with (heir offi-
cers could be considered as any other than adt of
mutiny, and of the most dangerous sort too, was
quite beyond his conception. The defendant had
laid in his claim to discuss the policy of employ-
ing • foreign troops, and the propriety of this
claim lie fully admitted. .Although the employ.:
inent of foreign troops had received the sanction
of the Legislature, still it was competent to the
defendant, or any other individual, to discuss that, or
any other public measure, in temperate and decent_
language, to suggest such a change as 'he might
think expedient and necessary. That the defendant

or any other person, was entitled to express his 'opi-
nion—to address himself in temperate and qualified

terms to the sober reason of the country, and to
endeavour to impress that opinion upon Parha-
ment itself, no one can question. And if such
an exercise of mit-Inestimable right were browght
under the consideration of the Jury, he believed
that neither they, nor he, nor any person occu-

pying the honourable situation which he so un-
worthily filled, would have been found ready to pro-
nounce it a proper,-subjeCt for punishment. It wag
for the Jury to consider whether the publication
then before theca was really of that character. The
defendant had said, that it was the intention of

. a writer, in cases of this nature, which was to
be looked at. But how was that intention to
be colleeted ? Not surely from the mere asser-
_ _ _

tion' of a defendant in a moment of peril—when
1 upon his trial,. but from the tenor of his_ publica•
I tion. If that publication imported mischief, the Jury
were bound to conceive that mischief was intend-
ed.- This was the correct and legal rule of judgment
as to intention. The publication before the Jury
was not, it must be seen, one random expression,
liable to be indiscreetly written in a hurry, but a
continuity of terms, and it was their province to de-
cide whether such a publication had, or could have
any but one purpose—(Hqe the Learned Lori read
a passage from the libel, referring to the contrast
of Mr.Wardle's opinion with that of Mc. Hus-
kisson, with resi;ea to' the employment of fo-
reign troops, and the use they were meant for in
this country, namely, for the infliction of punish-
ment upon British.solchers, and pointed the atten-
tion of the Jury to this passage, if any doubts exist-
ed in their mind.) If any thing indeed were wanted
by way of explanation, in order to enable them to
cone& the defendant's real meaning in this passage,
it was only necessary-to refer to the following-expees.;
sion of his • own towards the close of his de-
fence —" I should not have said so much of, these
. Germans if they had not been broughtinio this
country to flog the backs of my own conntry-
' men." Could the Jury then, atter this expo-
sition of his own text, entertain any doubt of the
defendant's intention ? What, he would ask, was
the obvious tendency, the, probable effirel of such a
publication upon the minds of Men employed to de-
fend the country at the risk of their lives Was 'it
not calculated to generate a spirit of discontent—to
loosen a 1 the links and ties of military subordina-
tion ; and, of course, to produce the most. serious
mischiefs. If such, then, were its tendency, it
must surely deserve the character and consequence
of intemperance and libel. But could the pur-
pose of the defendant be deemed for a moment
ambiguous. The repeating so frequently and em-
phatically, the words "flog them, flog diem,"
could he mean it as an advice to the officers to urge
a repetition of the punishment, or as an exhortation
to the men to induce them to submit to it ? No,
the meaning was clearly this, that if these militia-
men endured punishment, that if they suffered them,
selves to be punished, with arms in their hand, with
which they might make resistance, they richly de-
served- that punishment however severe it might be.
Now as to the Defendant's address to the inhabitants
of Ely,did not this address appear to imply an imputa-
tion or reproach upon the inhabitants, for having,
passively witnessed the_ puniShmeuts alluded to ?---
What else could it mean ? The Defendant had not,
he observed, -touched upon this point in the
course of his ckle,nce, but be had endeavoured to;
defend the whole article, by stating that it• was
merely a composition of bid taste—that it was only
defective in style. . Was this, 'however, the only
fault attributable to it ? Was this the only infer-
ence to be drawn from it ?, Did it not betray a bad
moral and political feeling ; and was not its e‘'idett:
purpose to excite the soldiery. against each
other, and to excitesthe people against Ministers—
against the whole Government and Constitution,
under whose laws and orders the ponislinients re-
ferred to had been inflicted ? With regard to the
defendanes allusion to the conduct of Buonapa-rte,"
as contrasted with the conduct of the Government
of this Country, he had thought proper to appeal
to those whom he described as loyal wooers against
toe •practices of Buonaparte. Now, whether the.
persons appealed to, whom perhaps it was not quite
delicate to introduce on this occasion, namely, Mr-
Bowles, Mr. Villiers, and Mr. Hunt, had .written
against the French,' Ruler or not, he did not
know, and therefore could not refer to their au-

The ATTORNEY GENERAL thsught Mr. Cobbett
would have better consulted hiS interest, it, instead
of the defence he had made, he had admitted, as the
thet De:fendants had; that he had published a libel,
(by letting judgment go by default) instead of adding
to it by the scandal he had uttrred in his defence.
lie.wpild tell the July -why the Defendant had not
been brought to trial sooner. It had been indus-
triously eircuLited that he (the Attorney General)
bad given up the trill,. when he had no such in-
tention.' It was well known to every professtonal
man, the Defendant, living at 40 miles distance
Irony London, had it in his power to protraa the
trial, which he certainly had done. He had'avalled

himself of his right of defrring tlw putting in of his
plea, until after three rulei to plead.lpd been given;
he had remained at l3otley, which; from the distance
from London, required t,,at he,Stiolild. have 14 days
notice of trial ; this, togethi-r with a.. impathince,
was the sole cause that the trial had not sooner come
on. The De!endant had siated, ti•at he was first

called op to London to be tried, and then told to go
beck.againt. -That w a mere dry, cold, -inve.liion
was
. _ _

O.( the —defendant kr:Cobbett ha 4 urged asp reason
ictr re should not be prosecuted, that others had

means:

LONLQN: Pribled by RICHARD, HARRIS, or No. 4, ii,4artiett..eo•lrt, Bow-street; i•nd 11/4blisbcti by WILLIAM A RMI GE R SCRIPPS, South Molton.street, Grosvenor square,
for the Paper, Letters..for, the Editor, &C. (post-paid); rust bt. addressed.
[le SuN•OFFICE, No. 112, StrAnd„ where Idvertisements, 07
tiers
. •

tliority. But he had read a work lately u
ten by an. American of eminence, who stronelY
reptcibated the policy and- practice of Buonapal le,
particularly with respea to the law of conscription,
or the mode of raising men for his army, and lie
thought that such policy and praaice was not to be
paralleled in this country. What, however, was the
Defendant's obje& in the paragraph alluded to ?
Why it was evidently this—that, the British Go-
vernment had nought to complain of Buonaparte fur
any cruelty attributed to him, because "-as many
cruelties are committed here as by Buonaparte in
France." Was not this, he would appeal to any
candid reader, the purport of the publication, and
had it not therefore a tendency to eccite mutiny ?
But it was for the Jury to consider and pronounce
on the whole whether this publication was that
of a writer whose zeal overstepped his discretion, or
whether the words of it were to be understood to
mean what they clearly imported—whether they had
a tendency to create irritation and discontent between
our foreign and British troops, to produce discord
and•disunion among the different branches of that
military force, 'upon whose entire and cordial
union, particularly at the present crisis, the safety
of our country so materially depends: If such were
the objea of the writer, if he designed- to pro-
duce such a mischievous species of-animosity, he
surely well merited the description of a seditious
libeller. " According to law," said his Lordship,
" it is my duty to state to you my opinion upon any
case submitted for yoar consideration. When I have
doubts, I never decline to communicate those doubts,
and when I differ in .opinion from the-prosecution,
have no hesitation to state that difference ; but upon
this occasion I must say, that I feel no such doubt or
difference, it being.ihe confident certainty and full
conviction of my mind, that this is a most seditious
--
The Jury, after consulting for about two minutes,
xet urnedp verdict of—Guilty.

TO CORRLSPONDANTS.

44* The details published respelling Gen. SARRASIN in the
rapers have been erroneous. We :;hall on Monday lay be-
fore our Readers some authentic particulars respeding that
Gentleman.
The length of the Debate, and of the,Prodedings in the
Court of King's-Bench, will, we trust, be accepted by dat
Correspondents for the omission of their favours.

•
MAULS.
Aartrvan - 2 Cottenburgh, t Lisbqn, a Jamaica, a Dublin,
t Waterford. LuE —1 Malta, a Waterford.

• PRICE OF STOCKS
• THIS DAY AT TVYZI.VK O'CLOCK.
Consols for Opening 711 1 Omnium . . 1

TH E S UN.

SOLtD4 QUIS DICIRE FALSUM AUDEAT ?

LON D 0

SATURDAY, ,JUNE 16, 1810.

The Prince of Wales packet has arrived at Fal-
mouth from Lisbon ; by this vessel we have received
Portuguese Papers to the. 25th ult. The Britiih
Aimy still retains the same positions, and we are
happy to find that it is' in perfect health, and abun-
dantly supplied with provisions. MASSENA 1115
taken the command of the French Army on the
frontiers of Portugal, and it is stated, that after re-
viewing it, he declared that he could not attempt to
attack Portugal without considerable reinforcements•
We do not think it probable that MASSENA ever
made such a declaration, but at the same.time we
are convinced that he will not v'-nture to advance,
unless with an immense superiority of force. The.
French Army is said to have retreated, but the past"
.tions are not mentioned.

The accounts from Cadiz are very imperfea. Ths
French army before that place appear to be verY
much impeded in their operations, by the exertions
of the Patriots in their rear, who, are constantly
tercepting their communications. The French hod'
quarters have been removed from Chiclana to Santa
Maria, which forms one of the points of the 133 Y
of Cadiz,

This morning a Mail from Gottenturgh arrived-
it contains no article of importance, except 0113°
further details respecting the death of the Crown
Prince. There does. not appear to be any reason t°-•

attribute his death to poison,
,or any other violent

We this morning received Jamaica Papers to the
22d April. The report of a French squadron ha":
ing made its appearance in the. West' Indies, i 5
again renewed ; and it is added, that an embb.rg°
was expected to take place in 'the West 1114'3
Islands. This report must have originated in atris"
take, as we know that no French fleet has saik'd
from &rope.

A Gottenburgh Mail arrived this morning, bat's
brings no news whatever.
We are happy to hear, that it is in the conteto,
plation of the Insurance Offices-of the City of N."'
York, to present a Gold Medal to Admiral Pl?Ftv's;,
in testimony of the grateful sense they entertain °`
his spirited, disinterested, and humane exertions, in
assisting the distressed American vessels and crews:
in the storm of March, in the harbour of CadtZ,
This testimony is also to be accompanied by a hand::
some contribution for the relief of the families of
the 'British squadron who were sacrificed in this
ritorious service.

The Princess AMELIA had a very good night 01/•
Thursday, and was considered a little better 'yeiter:
day morning. The Royal Family visited her Royili,
, •
Highness in the course of the day.