The Sun.
London, England, 1811-03-29 00:00:00

vr•- He was pt'f,laieil 11,1,1 Wri'
lOoked th;, hbels:of e.-itich_thoSe
• rt
convi.:ted.-- what loottel at the colidoet ~01 the. Jo. 10.„
vide als \vlico -then revetted to the
od,onents --of the- Cu!ort4, :in notes
been '" the times Of. the wool-
see no ground Jur ikidges .the,
present day • of :jive...so-14Hr,, :heir power, or or•
exercislog thcoirliithority with tat;our.
Lord declared that it was a mockery that,
persons, SittAted fly thOio tketr,' Whose.
bed been just- considering., might, liave the benOit
of e writ of error; b, cause there svas such a !Ong
string of pending cases.in the HOUSe of Lords, thet-
a very considerable time indeed must elapse Leff re.
that writ of error could be argued. How happened
it that the Noble Lord. forgot to accompany this
assertion with ,the 'statement that the individuals),
Alessi''. Hart and White, did 84:In:Ay bring a .writ
of error into the, Haase of Lords ; that being'.a-cri-
mina] case, immediate attention was paid to it ; that
peuding matters were made to give way 0.3 it ;
anti that the. sobjed was taken into.considerniou at
the vainest possibleoppormnity i Surely it (vas 'riot
the objeB of the Noble Lord to intimate that-the •
criminal law was administered with more severity
than it really was. He confessed his wonder tiler...
fore, that to the declaration that. a writ of error, to
persons in the situation of Hatt and• White;
ultra
out, the' sertnlince, but' not the sobstanco of ittiVflit •
tage'the'Noble Lord had net, rut it 11 the MO- it
in lihi 1»,..t00ry, added, that that case was an cusp.
tie!) to general remark.' In the comae of lilt speech,
the- Noble Lord contended • 411tH`: the sitiation:of of-
leo ihis description was very Much aggrovatkl
by 'the Bill which he-(the Atouney,General) had
had the honour to Introdurre into that. House tilted
years ego'; iiitd that by that Bill he had asseinid the •
power—not 'merely of filitig'ttliern.ltions test `libel
against whom be pleotsed-but, hat tog ti;ett.ALtel).
informations, of casting ruby of liist Mujeso)''s-.sob-.
jeets into prison, unless he found the bail te.quiied,
for his subsequent appcarnocei Now reallt .t tlCrt
Nohle Lord .had ast4crt, d this,,he supposed it
waft a slip, and ',that the Noble Lord did.. hot meals
tai concey that A hiCh itiplied. 1;to
ht 1
to the 'Nuble Lord 3dcittd, thset by this A• t ut
Parliament, he (the Anoi.oe-!,•••(;.toeod) had
hiiil..hrnyord the liberty of Vl,:ry .o.u.leal .1 the
against whoui he Might chGO-wtrs 114.! a cruitirml iii-
formation for libel, he Was 'thew had hoer.
tits mkt -ok.e. The Howie would judge. sit I
The Arlgue tri the Attorneo3euerai 1,0 srid:
ag that ascribed to it. Is gave to tloe•Judeto 0: the
Tiorni the proWer hi he tiSt4l 31 di.icreh,n, (a dio,n-e-
-tiou Wit;eli they would et course al woys r. tides lot
'With 3 releretwe to 'every circumstance of toe c.,,e)
to hold sorb persens to hail riff they rul?,ht thul
proper. Ihgread of his having the power to do•this
Without adidavits, (as alleged by the Noble Lord)
the J od,,:cs of t he Land could nut etoATlae t
power hut cm a case made out before them by Atli.
Only a single test/once-of the exercise of
this 140 purity had occurred since the paiosio,.. of the
AM., He would state it to the House, and leave
thetn to. joidge of us pmpriety person agaiost
who an ititiortmtiert was pending for a Lodi,:
whilst that inforaiation was 11enclio4, :published a
second edition of the sante l'ios cAtit, being'
laid before Mr, Justice i.I 111 ;tic egos affhlavit, Mr.
jiorice Le hhotc tholKht ht tU •held ttie vaiain to
bail, and he was held WhAe he 'was
, ~
on tots soLcoeto, he' hiought it ncicess.iry to state, that
the Att its questten gave to I he Judges of the Land
no power which oot vesited in a Justice of the
Peace, or a Secretary of State, before the soaring of
IA At, If the Noble Lord wonl4 revert to the
reign of the late King,' he would nod many in-
stances its which Justices of Peace lent sauced p,.c-
sons charged' with sedifioon9, fitiels to tits lIII'C teal,
arid bouod over to, opp,trl r th 3 Cot'ot of 's
tieneh, there to await. lll'' evetti Irf lilt}` :two
or inditiment against them for
Tins v..as.not thetrture a hew power it 114,1
before ex,ere*ott;rd Mogistrat,..3
tteription. Long indeed before he had brought the
Bill into the House---:-00 far hark as 804,1 t loot
been intredue,ed by Lord Ellenbotouoth in Ow l bowie
tif. Lords as an Amendment .to it Bill titan ihe
commons; and this Amoco:intent load...bken after-
wards withdrawn in- the Commons, not from ally
doubt as to the propriety of the 'enoodtoetit stye lt,l,+:sr
on an observa,tion from the Chair,. whteh rgialcd
stddy to an infOronality in the mode of pioccm..flog.
trastt4 therefore that tie had petteCily sattstied
the House with respect to the hiltorrot the theillitlre:
After this irneraldb4ervatioti, which' had 110 bearlog
on the subjea berate the, House, the 'lSloble. Lord at
length came in that which was the „point
tinder dist:uSsion, oat»ely, the sopp.osition that he
(the Attoroey-General)..had unduly exvreibeti the
authority entrusted Ica • turn. The charge woos that
he had ere loured himself oppressively and partially.
Thu -Nott:e Lord. having: produced the number of
criminal informations tor libel hied by him-during
the last three years; and having Silierved that., these
Worm:lionl were mere tun:riotous than they had,
been 'iii the three preceding years, toterred that
there was reason to suspect tile power of filing
them had been improperly csercised. He whited
Ili* Hooke to obsetvc) that the SUM opportuni-
. ties *loch enabled We Noble Lord, to ascertain
the number 41 informatious tilet.l, enabled Iron also.
Is) ascertaio the nature of the..lobels• for which arty
w le filed. kid' wits th3t attar tilige»co,,t4e heal,
siotthe curiosity of mind for which toe Noble Lord
sviii 55) eminently distinguished, would iritioceitim 19
.4.*,,,otruine the nature of the tweet, tot' It word, hirw-
. eter, did the Noble Lord say ph that subject.
'yet thpeght that.the liousewould not deal so harshly
whit an, ()dicer compelled.' to ote;ci such v idtous
- rowers as those which it Silas 1114 Chly to eitercise, as
tci conclude, that because the hurnbet of informations,
it)Cl•eesr•ri,tlle intbrtroations were necess,»ity itupropqr.
It It I,4,reciter number of libels wereptiolishod within;,
,
cert,da perioti, than, during any forooer period of a
sit) filar Oxtent, an Attotney-Gencral wouid•oegien
big tillieSS he increased the tPtiratr„r 0: his rose.
'tattoo- to
. proportion. I he Noble. Lord knew very
,
it had heen relied on by the person Irani whin»
he had borrou,ved it great part of leis accusa-
tions---it had heel' relied on by Hort and White in
doi,.tice..-it had been relied on by the two Hump
poblicatioos of nature by
to aleltli Ilad

fi
.4 So :44'n, 130 11*;
t,ll'faith proseetti ions herniabt: bte accused of heldnig
.out 'hoot:nits twit:lona otioodexs4, if he prosecuted,
lie was chsras:al tinheco•ning nod °Dotes-
overt Iy, When t Noble Lord gated, that 453
'writs:us load-been proseiatted fur during the last
riireea eara, .Ire_ ought to have added that the notuher
iibels prosecuie,t, was only 1:4 , several 'person',
Hying been 'prosecuted tur the atone libel copied la to •
ildferentpublications. When ,it was considered that
here. Were 's' ailifirent Newspapers . published in
London;;soine everyday., state once -a-week, sonto
twice a-weck, and Sol& three Gmes a-week ; and
that, altogether. ',near -I.?Ott poblii:ations were thus
issuod from; the Press of Incn ropolis every week,
it would not-appear sniff-king, that the necessity of
instituting ptosecuthitts for libels Should increase.—
Of the 18 libels, t t had either been'. proved 'before
jury, or judgment ou them r had becin,suffered to go
by default: On one, the defendant' had been ac-,
quit tc.! ; and 'he (the Atteruey-General) had 4n con-
segitet.ce withdrawn the record of the next on the.
Paper, and had not brotorio a to trial. l'orre of
the defendants had insintetT'Satisfactray apologies in
their newspapers, and he had'dro;ped the. 'arm en-
dow+ in con3equence. He had tiled arrintOrtnation
atioinit tlta Author of .the indepero.,tit Whig, for a
ird' on the Doke of Norkc, long after the investi-
gation Of his Rayal Highness's conduct It gl to mi.
limed ;' hot' reorosLA3tgv ion that ,the ltlr:l sate
1114,..rtrfil lA,lthollt 14e 'l'Claisher's knot ledge—. 4
be 'was in infirm health—that the imprisooment he
was already enduring pressed heavily upon toin---
atllil thill. 311 eittensioU of it woold be '4 WO" griov-
ous sulfering, lie bad consented to drop the pro.
'mutton, on a proper apology b dog. made. One
case was now penditta, but rot floe for trial: • lo-
ok° eases .cotineoll with Nl3O i'k'gqin'4 ""1-11"
he had dropped the prosei.unitnei, tor reasons,
which, he was persuaded, the Hoose woidd not,con-
d'atin. Toe Noble. Lord asserted, that soute ptcYie7
c,tions had been wrapped, beeao,e• the persons
vi loin the informations d lieun
nalaH Mlle% 10 politics. 'lO what the Noble Lord
a;hr el,• he :sincerely proles4ed ih it Ii" had not the
nee“ emote idea. The assenlon was utterly
:01H of being aosert:red, becalise it 9,..as telly tin-
: ientgible. He bad been :charged by the .Nuote
Lasf. with pisieetalina partially in the cast,' of
171 e Morning •
Post, Havitig. haunt when he came
Mice, 3 '110,0X1111,03 . against ,The
Alornio,g hurt for a
.libel (which libeljhe Nat
1„or1 aekoowloitgiji Ito .thought would ,-have been
borer' pissed over in the 'floc instance), the Nobit
'Lord use to d 10311W00 '01" proseculing-he had
entered e noti prosequi. This was not the fad ; the
proceeding li.i beco tosiiimed lowards:ahe clo4c of
1801 i by his L! atntd Friend who preceded him in
I.4bre. tltt iiiipheation had been wade It, 104
Lem-tied VI lend, by a friend ot the' a alior of the
article, to stay' proc,,edings on giving .up the• Au-
tor a considerable lime altor he (the Al.
orroil-(a?e' MO) Caine ti:to •olfli:e, lie beard no-•
toioq of tie proses:who'. lie Was then inform.,
be the Solieittor for the Transport Board,
ageii-t which Board the libel ha I been written,
that a Mr.' *levels had been ascertained to be the
person who sent !the :Wick: to' toe 'Office, of the
Mot nitikVost. tie wires alsitimormed that this was
nor conialcred sufficient, and r hat then' Mr: Jevurs
gave tin the 114110:: of Capt. Roach as•the author:oi
toe article. He was also iiiformed that Capt. Roach,
was in England, haviOg been abroad, when the pro-
, sectt ion, was contritenced ; of cotoSe„ this bOsineas
beteg connected with the Transport Board, passed
unikr the notice of the.Caunsel for the Admiralty,
and the consideratiorrof steps proper to he taken
was in fact committed-to Mr. Jervis and
'the advice they gave was, "that it would be roper..
to. defer, deterotiniog what .was fit to be done,
until the. troth of the allegation should be proved
by the. result of the indictment against Captain
Roach, on the affidavit of Mr. Jevers ; and if
• the :prosecution should fail against Captain Roach,
then to bring it against. the other." This Wag the
'first and the last he heard of the tr):ltter. He had
since learnt, upon inquiry; that Caplan) Roach (who
Was se roost meritorious Officer) had made a repre-
sehtation to the Transport Board, by which they
hail been very weir softened, although a difference
existed about alrublic apology, which Captain Roach
declinedto make. Soon otter Captain Roach was
again scot wt foreign service, and there the matter
rested for the present. He pot it to the House,
refore, woethet ho had evinced any paitiiality in
this proceeding. Advert tog to the ,stakineots of
the. Noble - Lord-, with reapeo to the libel in two
coat
try rapers, 'and in .The,Sthtesman, agailist the,
Corn iliasiotiels of the,Prooerty Tax, in Lancashire,
he observed that he. had knayed the prosecution
against the,two,country editors, ten their giving up
the authen of the libel, Collier, against, whuru'4, pro,
secution Wil4.liow'pelltifflgy and t has he had pekse.
vercri in the prosr'cutintt oi welt, becauseou the
copy of the libel, he had added 3 Ib.)st. i I,3ciA,ValeJ
contrneutary„ He had thus repiied t,, the prirropal
remarks made /Sy the Not& lair. t, 's-tic k:oarge 4altist
ltho was, t hip he hati osed t power,
.Wliich sv:arileant
only to curb, the iicentiou,i.os of the press, for the
purpose of reatraming its heel iy. II nv-veaied lo the
candour of the. House, whether there were any sy top,
toms to .that effect in ahe daily and weekly pubhca-
tionsa hat issued from the press Could they for a
nMilletit believe, that aoy fairdiavoiorion. of politi-
cal, 3 InOrtti or a religious subject Wiassoppresset, by
arty apprehension ot it proseeotion ()olds part 1: •He
trusted that the' House would think thataltat„Pbbli:
Lord had not laid a &efficient ground for Ins motion,
aud that there was nothing in his conduct-which
called for the interference 'of 'Parliament with the
' 'power vested in. him, in his official situation.
air FAA NMS.BUIUMTT Went over nearly the callus
ground assumed •by Lord Polkstone, aod attimad-
verted at some length upon the triode, of
.proceed-
lc gin cases of libel. He concluded with theexprea
sign of a hope, that the motion of his Noble Friend
would be Agreed to. .
Mr. STavil N conceived the. Honourakle..Baronet
had wandered from the question. The question
was, whether the proceediug by Information wait
coostniaht to the Statute Law or not, and that he
was prepared to contend for. if it were not, the
delendaht had his remedy by appealing to 'the Su-
preme court by Writ of Error. The Hot, (kistlea

instant."

Alth,ough no doubts can be eniertained resrct-
lag the ittle3t. of Ill'AsseNa, yet e think_ it ne-
cessary to isy before our readers every piece of
additionat information that. reaches us upon the
subjeet. The tollowing is an cloraa from a Cork
Paper of the 23d instant :

" 'Yesterday ev,entng the Arriericati
_brig Nancy,
Capt. RAINSD.XLE, arrived at Kinsale. Lisbon,
milt oh place site let on the Loth iiiitant. Before
site sailed, advices had been received 111.3. t the French
had commenced their retreat on the 7iti instant, rid
that Lord WULI,INGTON had rtlinoved iii., head-
quarters to Santarem in the morning of
advanced to Pernes, aboit lour leagues north of
that place, in the alierliouti of the same day, and
proceeded wit lon two or three leagtks of Thomar
on the 'morning of. the 911,,--7Sir 'Jotiorri Yoltlta
had art i.ed in ihe Tagus, and about
.5000
troops *wero 4,sembaitted on the 7th and sib

kveviel hag arri.ved:fri)m Corunna, which place
she lefL on the i titti. Accounts bad been received,
before she saiit-d, from General StLytuaA, of the
retreat,of MAssaNA.

Although BuoNariva-ra has succeeded in annex-
iog the lianse l'owns towns to his dominions, he
has out IL:en rabie to subdue the spirit of the inha-
bitants, or to reconcle them to the stale of slavery
to which he intends to reduce thein. Letters have
been received frOmliollaod, which state, that some
very serious commotions have taken place in Ham-
burgh. The troops belonging to that City, la:elY
received ardeva to I.ll3reb, and it was gtncrally ru-
moured that they were' to be sent to Spam. The
troops unanimously refused to obey the orders to
marchme and maltreated some of their officers who
endeavCiured to reduce them to order: They tore
.the Drench cockade lmn', t heir hats, trampled them
under their feet, and partied the town,, exclaiiniug
I,‘ Long live England !" Dispatches were iturnedi!'
ately .sent oti for french troops to suppress this'dis-
turnance ; and, a saoguiwary cOnfla took place be-
tween them and the liatuburgliers, irt which the
hoer were ultionitOy overcome. Several of the
Hainburgh soldiers, who were supposed to he lead-
ers in this morns' (as tt.e trench term it,
.but we
should call it a noble atiempt to maintain the incle-
pend,:tice of their country) have been taken up, and
Of coarse shot. Marshal oAvousT, alarnied at the
spirit which has thus manifested itself, has adopted
the most rigorous rilearres to keep down the inha-
bitants, and to prevent all intercourse. with England:
He; has also declared, that if the Swedish Govern.'
meat' did not prohibit all intercourse with this
Country, he would prevent any eomMunieation,be-
tweenSweden and Pomerania. It is stated in a
letter from Copenhagen, that an order has been
issoed in Sweden, by which all' foreigners, without,
exception, ale directed 10,quit that Kingdom; but
not think it likely that„Under the present•cir-
c7rodsota
t~cc~s, such An ader 'would be enfOrced
against French subjects. *

The st)pplement to the 44msterdum courier thus
announces tht baptism of the young heir-apparent
to the empire of France, under date of Paris, Marcb

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UN • 1,1 t. I) link KIS. OS No. 4, Martiett.coort. how-matt and Pwilliihad by wil.Lidtm Aamita it SCRIPPS South Idol
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