The Sun.
London, England, 1826-06-23 00:00:00

THE LONDON JOURNALS.

DAILY EXTRACTS FROM THE MORNING PAPERS.
JUNE 23, 1826.

[THE TIMES.]

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A noble document has been transmitted to .us, and
we publish it with unfeigned satisfaction, It is a letter from Lord
Cochrane to the Pacha of Egypt, addressed by the naval hero to
'that potentate.at the rnornent ,of quitting the British Channel,
when the shackles which hitherto bound him had lost their magic
power. This despatch hears the character of bold, but generous,
and temperate defiance. Directly and avowedly it is an exhorts,
tion to humanity, and if to that extent successful, a proffer of
friendship and a pledge of peace : but it is likewise a conditional
deelaration of war, if the Pacha by the continuance of his barba-
rities—bythe invasion, the bondage, the pitiless murders, and
savage extermination of a glorious people—ceases not to provoke
the resentments and animate the hearts of Christian men against
him and his horde of desolators. If Maliomed Ali Pacha heeds
not this message of wisdom end of warning—then, says the
British tar, "1 and my companion* fling down our gauntlets, and
will contend," in the hope of teaching Ali Pacha and his band
of exterminators the error of their ways; and pretty rough
teachers, we are apt to believe, his Highness will find Lord
Cochrane and hie.Englislitrien. We ought to have set out with
,
stating, that Inv Lordship grounds his interference in the contest
on the aid which has been openly administered to Ali Paella by
the subjects and the ships of neutral Powers. The whole docu-
ment is a masterpiece of coolness and self-possession. The Noble
author's quotation from. Scripture is selected with much felicity
of tact.

Our readers-,our historical and constitutional
readers—will he interested by an extract which we publish this
day, from a speech of the. celebrated Lord Mansfield, He was
then Mr. Murray, counsel on a petition from the city and liberty
of Westminster to the Vous* of Commons, in coimequence of the
introduction of troops at the time of general election. We are
not mire that if Mr. Murray bid been acting under the impulses
of his own spirit as a statesman, the speech now recorded would
ever have found utterance from his lips : with that we have no
concern. The argument is acute end powerful—the production
of a lawyer well versed in British law, and fee'd for giving the
benefit of supreme ability to the right side of a constitutional
qotation. How would Mr. Wallace at Weymouth shrink front
the Unfelt of Lord Mansfield's principle—that " it is a libel on
the Government to suppose the civil magistrate is not strong
enough" to dispense with the aid of soldiers. But there are men
on every aide, who might be beneficially reminded of their duty,
by the language of this great, authority of the last age. At Lich-
field, it appears that a Government candidate has, by some Nun.
der of the Sheriff, or of his Whig opponents, been pot in the
right as compared with others, on the question of introducing
the military into an election town. Sir Roger Greeley'e letter
to the Sheriff of Lichfield is an excellent protest against a
gross insult to the wipe and feelings of this country. The
troops, it seems, were ostentatiously brought in, to quell
a common `window-breaking riot; although thousands of
stout fellows were in the 'town, and ready to act as spe-
cial constables. When the tumult had subsided, and all was
peace, the soldiers were still kept to garrieon, the city, and In the
common understanding of the Constitution, to overawe the elec-
tors during the exercise of their sacred franchise. The Sheriff
was urged to restore the freedom of the-citizens by discarding the
odious and needless array of force; but the worthy functionary is
represented as declaring that the candidates must first promise him
to walk to their respective quarters from the hustings, instead of
being borne thither by their partisans. • The gentlemen, one and
all, declined a requisition so restrictive of the gallant exuberance
of our English election spirit, and. the alarmed Sheriff detained the
troops, by way of a preventive nuisance. We repeat our observa-
tions of yesterday. that no fear of mobs, or pedantic love of order,
ought to weigh against the constitutional horror of bringing drill
serjeants, with their accetitared myrmidons, to discipline the five- j
men of Great Britian while employed in promoting, by means in-
separable from popular struggles,: the interest of whatever candi-
date they espouse. . Hour countrymen once lose their hatred of
such interpositiona.-if they once become familiar with, and indif-
ferent to it—the constitutional barrier no longer exists; and we
may end by ;mumbling to choose our representatives at a signal
from the drum, the bugle, or the cannon.
The following is the extract to which we have alluded :
Part of the speech of Earl Mansfield (then Mr. Murray) as
Counsel for the City and Liberty of Westminster, on account
of the introduction of the Military during the poll ; de-
livered before the House of. Commons, on Tuesday, December,
15, 1741.
*1 Besides this, Sir, it was the opinion of the Legislature, lot
Parliament, that it was a necessary consequence that' all troops
should withdraw froin the place of election. I am aware of an
objection that will be made by way of an exception ; it will be
said, whet, cannot the troops come to keep the peace? A sped.
ous pretext, indeed ! I believe there never was, nor ever will be,
the case of any army being present at an election, but every sol-
dier has a double vole. We need not go into many instances to
show this his been the case. The same cause will. produce the
same effect. It will be urged, I suppose, the civil magistrate was
not strong enough ; ~frail he not then call in their assistance ? I
beg leave to pay, the law of England will not Puffer a supposition
of that sort to be made; for if Sheriff, who is armed (I am
aware of the objection).-4 say, if a Sheriff, who is armed with
tete civil power of hie country, or if a Bailiff, who is armed by
the lor—if he should return ass an answer, for not executing the
king's writ, that he was resisted, though the fact be true, the
law considers it as a fact not to he supposed, and an action lies
against kim at the suit of the party ; and why ? Because it is a
libel on the Government to suppose the civil magistrate is not
strong enough. fir, I would observe a noted distinction taken
in the law books. If* gaol is broke by a foreign enemy, that is
an excuse ; but if s $.4 was broke open by rebels, the law will
not allo4 the Sheriff' to give that in excuse, thought it be ever so
true, because it is a reflection on the Government. No mug arm
himself with the civil power, which is strong enough to support
itself. Many, have been the instances where a corporation has
been disfranchieed and fined, becauee these riots- were never
quelled, and the law expects they should do it. This is the no-
tion of the commit law, and, I beg to say, the statute law too.
" Sir, these troops are kept up by'annual hills ; not for the as-
sistance of the civil magistrate t that would be annual keeping up
of troops for a reason that lasts for ever; they are never kept up
but upon great ticeastions, such as carrying on the war with
*pain. There is no intimation that the civil magistratsewants
assistance. This will still further appear front this_ (which
you will give ins leave to eay)—that uo civil magistrate can com-
mand assistance from any body of trelOpa ; and if the law consi-
dered them as imeittieary to assist him, the law would give them
power to command them there ; but when troops do go, they go
by virtue of rizilitary 4suthority, and act there under mililarit
command. Sir, the authority which the law gives the civil ma-
gistrate---I speak only of those megietratet that are applicable to
the present ea* and their defence in the execution of legal cent-
emmds, in thife--they may command assistance of every man with-
Pi their jurisdiction. Every man is a constable for keeping the
peace; and what is the consequence if they do not obey? They
Are liable to a prosecution by indictment or information, and they
are clearly liable. Put ran any civil magistrate send any war-
rant to the Guards? Sir, the proposition I have laid down, is
not with regard to s 1 single soldier happening to stand there, but
a lugly order military command.
"Is there such a' warrant known to the law? Would any
aniliotry officer be obliged to obey it?" No, certainly ; for if
;he yid not, there would be 'no prosecution against him:
wherever They go, they get by virtue of military authority, but
not by the command of the civil magistrate, because they are
liable to no prosecution if they do' not obey, when they are
there they do not act tinder the 'civil 'command ; if they did,
the only consequence of misbehaviour wotaldle, that they 'were
liable to proseentim on indictment or infornuttions ; but will
it be contended, that if a body of troops come there, cud
any one deserts, he is not liable to be shot to death, according
to military discipline? If the Sheriff seas to order a soldier to
do one thing, and his officer another, I submit it to you if hs
obeys the officer, whether he must not be tried by a court martial?
That shame they go by military authority, and there act by mei_
tary command. Sir, I beg Imre to nay, inflict the civil govern-
ment of this-city is substantially strong to support itself; it has
supported itself at every other election throughout the kingdom,
and yet there may have come complaints before yon, where the
members hare been angry at what the returning officer did ; there
is not an imagination of the peace's being broke. What are the
guards of the court? the Justices.---What are the guards of you?
but barely the law and the cavil Authority. Sir, lam warranted
by the resolutions of tine home, in the year VMS, to say, that
riots and tumults have towed too near these doors you sentyour
commands to the civil magistrate, and instantly all was quiet.-
Would you,; onpretence of keeping thepeece, mitre' a company of
guards to stand in the lobby? No man, Sir, would wish to
live to see that day, when the Civil Government of this country
cannotespport itself without Me assistance of the military.
I will behold to say, when it is not, that Civil Government in
undone; fie 'it is then eno# the law, but the military power
governs ; and I hope, in tine tountry, the bare word of a tip-
staff will go at far as that cottatnitileaf a heutenant-genend. -
knew it will be Reseed still furthers but all this
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