The Sun.
London, England, 1829-04-02 00:00:00

with Government whose names appear in the
recent minorities. Sir C. Wetherell acted_ no
Had any poor devil of a radical speech-maker such part ; nay, he assisted in preparing the
dared to urge a postponement of the second Disfranchisement Bill, and continued to transact
reading of the Catholic Bill, on pretence that the the ordinary business of the Attorney-General,
_House of Lords would find it impossible to un- until his No-Popery zeal and impracticable tem-
derstand the Bill without further time being I per, getting the better of his discretion, he
allowed their Lordships for the examination of launched forth into the gross abuse and inde-
it, we doubt whether he would not have been I cency of his first harangue—a piece of ribaldry,
dragged to the bar for so foul a calumny on the in manner not less than matter, almost unparal-
brains of the Peerage ;we are sure that be would leled iii the annals of the House. So far from
have richly deserved it. The subject for this exhibiting any of that generous disdain of the
night's consideration in the House of Lords is I emoluments of office which the Tory Journals
the " principle" of the Catholic Bill. The have attributed to him, it is clear, that had
simple question, whether the Catholics shall, or the temper of the man been susceptible of
shall not, be retained in bondage, by having no restraint, his aim was to take advantage of
share in the enactment of laws—and in disho- 1 the magnanimous policy cf the Duke of Wel-
amour, by being excluded from all access to equal i lington, and to have retained his place, as he
privileges and distinctions with their follow- , would have been suffered to do like others, had
citizens, is the matter proposed to them for this not his subsequent conduct distineeished his
night's debate. The Relief Bill, which has just case from that of every other person. We have
passed the House of Commons, presents the the best reason to know that his Majesty was
principle of emancipation in its most simple and the first to make this distinction ; that he pro-
intelligible form. There is 110 collateral or per- nounced Sir Charles Wetherell's speech an out.
plexing adjunct. There is not a word relating rage not to be overlooked, and that the Learned
to the church, except indirectly a few restrictive Gentleman's dismissal, for he never tendered
clauses of trifling operation upon strolling his resignation (as a man of high feeling ought
monks and Jesuits. The change of the free- to have done), was the King's own act, so far
hold standard is provided for by a separate as any act of this nature can be said to be his
law. Lord Bexley, therefore, Lord Malmes- Majesty's individual act. Sir Charles Wethe-
hay, Lord Eldon, Lord Farnham, Lord rell has now retired into his private station, as
Sidmouth, Lord Longford, (the name of a practitioner in the Court of Chancery ; how
Newcastle only was wanting, to complete this small and humble that station is likely to prove
splendid catalogue) must have held strange opi- he had a foretaste during the period of his for.
mons respecting the capacity of the Peers in mer secession from office. For ue it remains
general, however justly they may have estimated heartily to congratulate the Government on being
their own, in imagining that a longer delay was freed from an incubus such as he proved ; and
requisite for a more ripe and perfect understand- the country on no longer having to apprehend
ing of the principle of a measure in its whole the possibility of his being called upon in any
fraineweik so perspicuous. But under what capacity to adjudicate in its transactions. We
circumstances is it that Catholic relief has now rather think Sir James Scarlett will not be the
been proposed to the consideration of Parlia- new Attorney-Generale—Morning Chronicle.
ment e Why, after a series of almost annual dis-
cussions on this same "principle" of religious
English justice is often to us exceedingly mys-
liberty,
from the year 1800 to the present hour. terious. We have seldom, however, seen a case
Lords and CoMmons, the educated classes d so full of inexplicable circumstances as one tried
the people out of doors, and the press of every at Leicester on Tuesday last, by Lord Chief
great town in the kingdom, have entertained, Justice Best, of which our readers will find a -
re-
and argued, and illustrated this question, and port in another column. Edward Pearson and
exhausted it, for nearly thirty years. For those William Parker were indicted—the former
noble partisans especially, who have always de- charged with having committed a rape on Naomi,
dared their minds to be made up against the the wife of William Al'Donald ; and the latter
" principle"—for ancient bigots, who have talked with having aided and assisted Pearson in the ac-
so peremptorily about the "sun of England complishment of the crime attributed to him.
being set for ever," if " this atrocious Bill The case broke dawn ; but this is not what
should pass,"—and modern disturbers, who head induces us to refer to the trial. The mys-
large mobs of unlettered clodpoles to deter the terious part of the business is, that the Ma-
Parliament from receiving it,—for Irish Orange gistrate by whom the prisoners were corn-
Lords, whose whole Jives have been spent mitted for trial consigned the prosecutrix also to
in practical and furious resistance to the " prin- the same custody, because she was unable to
eiple," it i; monstrous to demand that time find " sufficient securities to appear and prose-
course of this law through the Legislature should be cute ;" that, in charging the Grand Jury, his
suspended out of regard for their ignorance of Lordship censured the conduct of this committing
its character. The arguments, too, are worthy Magistrate in no measured language; and that, at
of those who employ them. " Give us time, the close of the proceedings, his Lordship is re-
gays one, " because the country is agitated ;" ported to have said, " that having yesterday, in
in other words, give us time enough, and we his address to the Grand Jury, animadverted upon
shall find means at least to accomplish that the conduct of the Magistrate by whom the pro-
which hitherto we have failed in producing— secutrix had been committed to prison, he now
viz. a disturbance of the peace of time realm. felt it due to that respectable Gentleman to say,
i, Give us time," says another, " because in that he thought the task he had to pem form was
twelvemonths after this Bill shall have passed full of difficulty. He would not hesitate still
into a law, there will be a civil war throughout to say that he thought he should not have com-
the kingdom." Time, in that case, would be nutted the woman, but that was msrely because
no more than opportunity for warlike prepara- he felt her testimony was without credit, and
time : a decent reason, truly, on which to sup- that wouldOiave been with him a reason for not
port a motion for retarding the Bill ! If, how- committing the men upon whose case they had
ever, the Ministers and the majority of their just decided. He felt it, however, due to the
Lordships are satisfied that they understand the Magistrate to say, that he was now convinced
9,teeetion, they at least ought not to postpone that not the slightest imputation rested upon
at. If the majority of their Lordships are sen- his character--that his conduct was above all
Bible that every day which has elapsed since suspicion—and that he was :far from saying
the measure was recommended by his Ma- now that in the exercise of his discretion he
jesty, has Called forth some new experiment had erted. The more we ponder on all this,
upon the passions —if clergymen conjure the the more we are perplexed. We are far from
people to resist by force of arms, and Noble- doubting the respectability of the Magistrate in
men threaten the King's title to the Crown— the English sense of the word. Nay, we think
3%-hy then it is manifest that those legislators who we could take it upon us to say, that he will be
aecrle whatever partial uneasiness may exist to found to possess the qualification. which Mr.
selfish, narrow, stupid, or fabricated representa- Peel thinks a criterion of infallibility—upwards
lions, and who believe that this policy of the of 3001. a-year.. We are as far also from say-
King's Government, instead of creating civil war, ing that "in time exercise of his discretion he had
is Elie sole expedient for averting it, such legis- erred," as that the Lord Chief Justice "in the
lators—end they, happily, form the most runner- exercise of his discretion had erred," for it is the
mous (as beyond ail question they do the most great advantage of discretion that it saves men
enlightened) portion of our law-makers--are not from erring. The characters of the Magistrate
merely justified, but bound in conscience to press and Lord Chief Justice are, no doubt, equally
with their utmost energy the speedy completion good—equally above all suspicion. But still,
of the measure. Then have we no interests, we trust, we may be excused for expressing our
home or foreign, immediate or prospective, to astonishment at what may be above all suspi-
take care of besides the important one of religious cion. Here we find the Lord Chief Justice one
liberty ? Have our national affairs stood still day reprobating the conduct of a Magistrate
or not in other quarters, from the embarrassment for committing a prosecutrix, and the next day
occasioned by this particular obstruction ? Who apologising to that Magistrate. He reprobates the
knows any thing of our finances since this Sese conduct of the Magistrate for committing the
eion first was opened ? What light has been prosecutrix at a time when the character of time
thrownLupon our foreign policy in the east of prosecutrix remained to be ascertained, and
Europe—or in the west ? What insight has when the guilt of the prisoners or the miscon-
been obtained into time plans of Ministers re- duct of the prosecutrix could not have entered
specting that greatest of all commercial questions, into his reasons for indulging in the attack. He
the fate of the Indian and Chinese monopoly ? says next day he still thought that the Magis-
We are church-logged, we are Pope-logged, over trate should not have committed the woman ;
the whole world, because of the scrupulosity of but :hat was merely because lie felt her testimony
those who, having made up their own minds was without credit, amid that would have been a
against the Relief Bill under any circum- reason with him for not committing the men
stances, are, from pure tenderness for those upon whose case they had just decided. If the
who apiarove of it, anxious to save them the woman had been a goad character, then her com-
r[sk of expressing their approbation. Now, so mittal would have been a praiseworthy act—
far from anticipating disunion or debility to the then he reprobated time Magistrate for commit-
peop!e of England, as a consequence of this ting a woman of bad character. His meaning
great measure, we foretell distinctly, that in con- may be thus translated ;—lf this prosecutrix
Crest with their present condition, there will re- had been a woman whose conduct in every re-
sult a diversity of opinion, and a eontrariety of spect was irreproachable, and whose evidence
ems ion amongst the Catholics, while the Pre), was deserving of the utmost credit, the Alagis-
testanta Will become every where united. Time trate would have been highly to be commended
claim of the Catholics now about to be eon- for aommittipg her for inability to find sufficient
ceded was a just and equitable claim, compelling securities " to Appear and prosecute ;" but she
the greater proportion of Protestants—indeed, is evidently a woman not tp be believed, and
we may say all who felt that justice is the right
therefore she ought not to have been committed.
of all—to take part with the suffering Catholics A little difficulty here occurs, however. The
against the exclusive and monopolizing pretext- making the reprobation of the conduct of the
sions of their own Protestant friends ; but if the , Magistrate to depend on the supposed worthless-
Protestant
separated himself from Protestant in ' ness ofthe prpsecutrix, is very like determining
favour of Catholic right, so will he adhere in she matter before ir;el. The reprobation would
solubly to his brother Protestant, in resistance to have been more suitable afeee the result of the
Catholic injustice. With the upright and reso- trial had made it appear thet the prosecutrix was
lute Teotestant, the enlightened and upright Ca- really not to be believed. But then still eye are
sholic will then be joined. The union of sects puzzled. If the proseeotrie had been a woman
Hill then be the security of Protestants against of
a unspotted character, whose teetnnony was
the Catholic priesthood, as a siinilar union has deserving of credit, we can understand why the
now arisen to rescue time Catholic layman from NagisSeate would have been justified in commit-
his bondage. lased Ellenborough challenged i Ling her in account of inability to find sufficient
Lord Farnham on Tueeelay night to fulfil his own - securities to appear gad prosecute,—and we can
prophecy of future evil from ehis law : we, too, I understand why he osiAmt not to have committed
shall watch the growth ofeonsequenees; and, if we her, because her . teetimony wee eenworthy of
live, may, with due humility, catechise the
_laiieble credit ; but then we cannot understated yell the
Lord upon his gifts of vaticwation.—Times. i committing her was one day strongly repro.
We were the first to announce the probability bated, and t?
me next day deemed a sound exer-
of'
Sir C. Wetherell's retirement from the ,office cise of discretion, The Magistrate cannot be
of Attorney-General. The disclosures since pronounced deserving ref reprobation, amid
made by die Learned Gentleman himself slim, . not eleserving of reprobation, cereeeenstances
however, we were too hasty in supposing that he being the :acne, and the Judge be sae,.
had fairly and fully given notice of his intention
_serving of reprobation and not deserving of re-
to oppose the measures of Ministers, and placed probation,. But oracles are always obscure ; and
his office at their disposal, as did (to their cre- therefore the oracles of English Jaw are wife-
dit be it spoken) the other persons connected i thomables-e-,Bid.

SPIRIT OF THE LONDON JOURNALS.