The Sun.
London, England, 1829-12-24 00:00:00

" ears polite," with such harsh and ungrateful words.
Thl'n my I easned Friend mentions the allusion ti
your Whig Attorney-General :" but, gentlemen, is
that a libel that the Learned Attorney-General is a
Whig. And now Gentlemen, I ask, as you cannot
shat your ryes exactly to what is passing out of doors, I
^thether yoa did not read at the time, and after the
Passing of this measure, day after day, accounts of occur-
rences which made your blood run cold. Since that it
has been thought that what did prevail, would prevail on
Passing the measure. But will you, Gentlemen, or can
any one else attach any blame to the writer who predicted
it ? Was it blameable to state that opinion, when the
writer believed that it was to be imputed to the-result of
the measure that was passed, and when no intention pre-
vailed with him of defaming the Duke of Wellington?
The writer only firmly and honestly stated his opinion,
which was also the opinion of a large portion of the Com-
munity. Wheats!. the Noble Duke did what is stated
in the lettar, or ialiethet‘ he did nht, it was the opi-
n:64 of this gentleman that he did say so, the
truth of it is not for you to enquire into, but I
ask you, whether in your opinion lie did or did
not niake them. That is no libel upon a Minister, that
gentlemen believed it to be so. Now, Gentlemen, here is
what might be thought a sneer if not explained. You see
this gentleman has addressed the Noble Duke. " Your
Big/loess," I believe that this gentleman has given him his
Tight title, for he is in fact Prince of Waterloo, which
entitles him to be addressed your Highness, ahlua gh it is
the common course of this country not to use it.—
Theae are strong passages, I admit ; but I ask you if, in
the momenta of deep feeling, such language would not be
justifinble in calling the attention to a measure at a
time when there were very few men who did not be-
lieve that such a measure would be injurious to
the first principles of our Constitution,—when there
were so many men who believed the rights' of the
',abject were in danger. It does not speak much for
the sagacity and prudence of the public prosecutor in this
, when one would have hoped that those feelings would
have sunk to rest which had so excited the country on
that occasion ; it may be wise, but I take the humble
liberty of doubting it. It may be considered wise to call
into action these feelings again, to discuss this question again,
by Prosecuting those who not only thought and felt, but
Whese duty it was to think and feel deeply—and who on
oat occasion thought fit to complain of the Duke of Wel-
"gton. This question is entirely a question of intention,
Whether it was the intention of this writer to libel the Duke
pf Wellington? You remember, Gentlemen, how deeply
were the feelings at that time, and you will say whether
the writer intended to call the public attention to measures
which he thought and felt were injurious to the principles
of the Constitution. lie believed that there was a blow
aimed at the Constitution, which he would never allow to
be overthrown. It does not speak much for the wisdom,
Prudence, or sagacity which has been so much boasted of,
by instituting, nor would it be much increased by these
persecutions. I rather think it would have been consi-
derably increased, rather than diminished, by ab-
staining front these prosecutions. If the Noble pro-
secutor had remained content with the glory which
he had acquired, it would have been more
prudent than to have attempted to have increased
it by the conquest of three individuals conducting a
newspaper, than in choosing a conquest over them to
that of the libeller himself. Above a hundred
Years ago it was recorded that the opinion of
all men was more flattered by being praised for the pos-
seaaion of qualities in which they were deficient ; and it
had been said of one of the greatest Generals of old times,
that he paid much less attention when persons who wished
t° make their court to him, merely flattered him
on the score of his great achievements and conquests, than
t° those who persuaded him that he was an excellent
linger, which wae a quality he did not possess. It may
hoe been whispered to the Noble Duke, that his conquests
Were not complete ; lie may have been told that it was
much more glorious, to conquer an unfortunate printer;
that the most glorious feat of all would be to capture the
defendant ; to draw a captive at the wheels of his chariot,
his presses, his paper. and his ink ; this, he was molt pro-
bably told, was the most glorious triumph. After refer-
ring to several other passages of the libel, and ably com-
menting on them, the Learned Gentleman sat clown.
Mr. Alexander stated, that he should not trouble them
at great length in his defence. With the libel,
and the person who wrote it, he had nothing whatever to
4", "'A he attributed the present prosecution to a design
of the present Ministry, as he had before stated, to re-
strain the liberty of the Press, and crush those who
derail to oppose it. Mr. Alexander then sat down.
The Arroaxer- GENERAL then rose to reply, to which
Mr. lIUMPHRITS objected, but
Lord TINTE&DEN ruled that the Attorney-General was
'always entitled to a reply, when engaged officially.
The Arroataxv-Gaairaar, then proceeded to address
the Jury. He was certain that Mr. Humphreys-expected
,
• Would reply, as be (Mr. H.) had made use of observa-
tions, and laid down propositions to which he
'Mtt have anticipated a reply. The Attorney-
General continued :—Mr. Alexander has told us
that the signature to the letter is the actual author,
and that it also states his residence. Whether that state-
ment is correct or not I do not know; but the author,
be whoever he may, has not ventured to come forward
and declare himself. It is not because the defendants are
• not the real authors of the letter that they are not legally
reaponsible. Suppose, gentlemen, one man prepares a
• Poison, and another administer, it, would it not be the
height of folly to imagine that they were not both equally
lloilty of murder? This proceeding is not instituted by the
Janke of Wellington, for the purpose of prosecuting the
newspaper; but not being able legally to prove who was
the author he had no other alternative. I can assure you,
however, if the real author is ever known, the Duke
will not fail to take steps to punish him. My Learned
Friend thinks it very hard that a publisher should he
Punished and net the writer,—there is no hardship in it ;
f"la suppose a man writes a libel for his own amusement,
and lets it lie on his desk, there is no harm done—it is the
Publication that is the crime. The next topic to which
hY Learned Friend has alluded to, I can assure him he
as quite mistaken what I said. lie supposed I applied
the terms of folly and ignorance to all those who oppose
the great measure of Catholic Emancipation, I did no such
taiag, What I said was this—l should pass over all the
folly and ignorance of the writer, %filen talking about
those who did oppose that measure, and likewise his state-
ments respecting the anarchy and confusion which now
existed in Ireland ; and I think, Gentlemen; I may here
take upon myself to say, that the state of Ireland for ninny
years has not been so tranquil as for the last five or six months,
I can steatite you it is in that state as to give the greatest
satisfaction to his Majesty's Minister. It is increasing
every day in prosperity and peace, so much so that all
those engaged in the administration of the laws in that
country, from the Lord Lieutenant downward, have the
greatest confidence and satisfaction in its future prospects.
Gentlemen, I am astonished how any man could suppose
fora moment that I intended to impute folly and ignorance
t° many noble and distinguished individuals, who con-
scientionsly entertained the same views on the Catholic
question as the defendants. Yet, my Learned Friend rises
°P in arms and charges me with the grossest illiberality.
The next topic to vi hich my friend alluded was, that the
Duke of Wellington, by this proceeding, brought himself
into comparison with the printer of a newspaper ; and that
it was a proceeding unworthy of his high station. Gentle-
Men, let me impress upon your minds that whatever you
may think of this prosecution having been instituted by
the Doke of Wellington, with the propriety of that you
have nothing to do. By the oath you have taken you are
hound to say whether in your opinion this publication
a libel or not ; you will say by your verdict this day,
Whether you think a Minister of the Crown ought to put
with the most scandalous abuse without notice.
Gentlemen, I appeal to your passions—you are not here
this day to try whether the Duke of Wellington did right
Or not in bringing this prosecution, but whether the law
of the land has not been most grossly violated. You
,re not here to decide whether it is policy
in a public man to pass over all libels levelled against him
by the Press, that is not a question for your decision.
AIY Learned Friend has told you, that from the great use-
folness in newspapers they ought to be dealt with favour-
-414Y. It is no part of my duty, Gentlemen, this day, to
vindicate the course the Duke of Wellington has adopted. He
`lid not proceed by ex-effcio information, as he might have
6°lle, but chose rather to go before a Grand Jury ; whether
this course was right or wrong I have nothing to do
With. I know that those who take their opinisns entirely
from the Public Press will think that there might to be no
Prosecutions for libels; but those who did not take their
°Pinions from that source thought differently : let any man
btrnme the subject of attack—let hits have his feelings lace-
rated—he will then form a very different opinion on the
subject. And, Gentlemen, let me tell you there
e no persons more sensitive on this point
than
these connected with the Public Press itself.
'his Lordship has sat day after day hearing cases of libel
arising out of disputes between one reporter and another.
Anti of what consequence, gentlemen, was such libels to
the present, it was no more than a drop of water to the
mighty ocean. I say it does not reflect on the dignity of
"Y man, whatever his situation, to be insensible to the
z"taeka of the press. Neither can I ever subscribe to
t 1;" dortrine, that all public men should participate in the

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