Star.
London, England, 1830-03-03 00:00:00

had expected himself in terms be would now reed—be reminded
the house, that when they once committed a prosecution to the law
courts, they had no longer any further command in the case, let the
oaee be what it might; and if the house were inclined to show lenity,
they would no longer have it in their power to do so. This case
was proposed to be coded by Lord Choy, by the house ceiling the
party to the bar, and eepethending him. Mr. Pitt, on the con.
had voted the publication a libel,
it teary, said' that li f
i the house
midereuots maga, that the author should be
canw:rtpeceleirtetea to reugody of the wales" at aran'tehad been
need not
remind the house of similar eases, in whtch the
house
jealous of 's
its own dignities, and not delegating them to
inferior court:l.l"d Mr. Alexander been had •_
ninesPtemonths
bar
house, the ease would have been dispsW of
From the rriod of the revolution to present time, no ease ex.
hoed in which any sttorney.general had assumed a right of prose.
eating any man for a libel upon any person for his conduct within
the walls of that house. No such case was to be found Go the jour. '
nab of the house. In 1089 the attorney-general had been directed
to prosesun lie. Steel I and in 1702 the attestaellleaeca hd hem
directed to proseeoto an individual who had attacked the house. Bat
this watt by the directions of that house; and If the attcacsel-genesa
was to file hiformations against Mr. A, B, C, or D, who attacked
members with at on the government side of the house, where was
the Attorney-General who would defend the other ? Suppose a mem-
ber on the other side of the house, from the north, though It mat.
tared not whether from the north or south, but suppose such 'mein.
her on the opposite benches—a troublesome man on an estimate (a
laugh)...sa awkward man to get rid of (a laugh.) Suppose him
calumniated for his want of attention to Maven ; suppose him
libelled in the newspapers, was the Attoettry.General to assume
the right of prowling him ? But suppose the Auorney.oe- I
neva did not protect him. Suppose his protection wen all
the other way, or even that he afforded no at all,
could any member of the opposition side so =himself,
or the house, as to ask the treasury benches to defend him ?
Any man would degrade himself by so doing; and he ought in
such a ease to sofa. He would not undertake to say what was IL.
bellow, or not, be be should be scarified if wrong; but be mag-
us., that there was nothing in the ease of The Moriehip Jiistestelf
which might not have been brought to the bar of that House, and
lie saw nothing in it that required the interference of the Attorney.
GeneraL If, when Government had got hold of Mr. Alexander,
and had sent him to jail for four months, they could have Impel.
coned Complaint—if they could have caught hold of the genius
of public distress, and had sent it to But
for three months, it
would have bass a capital expedient. But if, when a person
was sent to jail foe complaining of public distress, that dis-
tress existed, unhappily, more than ever, it was disgraceful to
pretend that he was sent to jail, not for misrepresentation,
but bemuse he had expressed his feelings too warmly. It was in
vain to pretend that Mr. Alexander had suborned, or fallaciously
feigned a case of distress; for whilst he was in jail in the year 1830,
unfortunately distress was stalking abroad in every town in Eng-
land. Dimon now existed In an aggravated form In an increased
ratio. This was a hard case. Had Mr. Alexander created a files
impression of distress, he ought to have been Imprisoned for three
years. and not for three months; but distress was real, and the man
was suffering for only saying what ever man In that house and in
the kingdom knew to be true. (Hy_ eari bear. bear-) Wm
that distress real or not ? Look at the meetings throughout
the country, the memorials of juries, the petitions to that house.
Did Mr. Alexander fabricate all these meetings, or stimulate all
the complaints ? The distress existed now, and yet for saying
so this man was soaring in • (Hear, hear.) Had Mr.
Alexander overstated or understatedthe case ? He (Sir
C. Wetherell) was not an advocate for the licentiousness d the
press, nor was he disposed to cure its scurrility and abuse by pre- .
fixing to Its limits. He would assert that in all legitimate forms of
complaint, terms quite as strong were employed as those used by
itir. Alexander, who was sent to Newlyn, for so many months.
The Chancellor the Exchequer had opened a budget of finance;
and the Attoroey-General had opened a budget of informations. t
He felt himself under the necessity of complaining in the stroogest
term, of the whole of these proceedings. It was sufficiently dames-
tory of an Attontey•General, If he used the strong powers of the law
and the weight of the crown against individuals, even in a moaner
so egtfroal as created a divided opinion throughout the country
of the propriety of his proceedings. Such infonnetiona ought
never to be filed but in eases of evident necessity, and which
they were backed by respectable opinion. If their pie** In The
Journal were to be thus prosecuted, why were not much worse pin.
sages spinet Mr. Calming proceeded against by the Attorney-Ge.
nag ? Mr. Canning had been accused In ipoinphlet of inAning d
come of disaffection and apostasy, which latter wee a tom :in-
troduced in the libel that had occasioned the prosecution. of Mr. 6
Alexander; but the Attorney-General had not felt It his duty to
institute any proceedings Against the author. or publisher of.thme
.Ijbeli Ogabst Mr. Canning. So far frith this being the twee, the
whole.pamphkt was decanted in the shape of a dpetelvaititt tred
been uttered with great force against the right honourable gentle.
man, by an honourable member of that hone. Another thine
had been mole against Mr. Canning for
,Oringing a bill into. that
Rouse which was an insult to she nation. No prosecution
bed then been initittited, although there then had existed s
Tory Administration and a Tory Attorney-General. The principle ,
adopted by the hon: gent. (Sir J. 8.) was untenable, unconstitutional,
and utterly immoral and unjust towards itidiriduals. It was con.
nary to the spirit, the practices, and usages of that house ; and if it
were once allowed that any Attorney-General should prosecute iadi, ,
viduels out of that house fee attacks on members for voting and
speaking in that house, not only was the house degraded, and its
privileges violated, but the most invaluable rights of the pet* Were
senificed, and every man held his liberty on the surmise. of the
Attorney-General. All depended upon !briber his temper. dispeah
tion, or his attention to the times restrained him from using those
powers which any man might use to infinite mischief whenever he
planed. Having called the attention of the house to three points. if
he were asked what he intended to do with the fourth, highs:mid say
that he had am made up his mind to that point. Perhaps ministers
bad made up their minds that Mr. Alexander should not be coo-
tined in /gewgaw, for it was hard for a Ulan to be confined for attack-
ing the King, on a third indictment, when a jury had previously
recommended hint to mercy for the mine matter
.contained .In the
second Indictment—and owing to which recommendation, she Atter.
nerGeneral dared not to bring him up upon it. He had endeavoured
to wihere as closely as he could to all the various facts of the cases
to which he had called the attention of the house; slid he would
now conclude in a few words. With respect to the first prosecu-
tion, it was most intolerable most unbearable, most tyrannical,
that a criminal prosecution should be instituted against any man
by a private suitor, exposing him to all the hazard. to all the agi-
tated feelings, to all the apprehension of consequences resulting from
such a charge ; and that then the same lawyer by whom the first
prosecution was cotu.nenced should suddenly change the chasten of
the prosecution, and should, us attoneetgenerid, file an informationin his public character, which ing itself, if it failed, might
not be a final one. This couls znot be borne; this must sot be
borne. With respect to the fecund information, he need only refer
to the verdict of the jury, by which it was sufficiently sfigmatiecl.
With respect to the third prosecution, it had arisen out of no resole.
tion of the house; bin the attorney general had taken it out of
the hands of the house; by whom, if it had been brought before
them, either the person charged might have been declared innocent,
or a more lenient punishment might have been Inflicted than
that proceeding from a court of justice, lie would now none for
the documents to which he had referred ; and when they mines as
he trusted they would come, before the house, he should be 0.4 if
eno honourable members who had paid only a tenth pee; at the
• attention to the subject which he had paid to it, and if his bon. and
Turned friend who agreed with him in Opinion upon the subject,
would join him in Maturing some remedy for the intolerable
grievances which he had described.—(hear, hear, hear.) The hon.
and learned gentleman then moved, " That there be laid before. she
house copies of the several informations filed ea offkio by the At.
t racy-General Kenna .11r. Alexander, the editor of a paper called
Tlw Norniny Jourtiai—copies of the several judgments entitled
again,' bun upon the record* of the above informations, and hew
the same were entered—An mom minute of the words in which each jury pronounced their verdict against him upon each of the
above informations—Exact minute of the terms in which any of the !
Juries irtm anti a recommendation of him to mercy."
Lm the motion having been read from the chair,
The ATTOHNEY.GENERAL rose and spoke to nearly the
following effectt—o When, Sir, my honouraide and learned friend
took occasion to express his embarrasementnt the late hour of half-
Pan nine o'clock; *hen the house had its ?slime exhausted hY tamion upon, perhaps, a less Important pubjeet, •I at the house
syntpathise with me, since I labour:under at kat all oral ap-
Mtbeasion, in not only having to answer my learned friend; but to
obtaining your attention to the heroine; of my case. Fermata, bow.
Ms, more especially appeal to the epadid (mention of the base, be..
trice it is not in, int:anon to introduce such matters as thosi W.ith
Ispich my learned friend coloured his observations--on the contrary,'• hill intruduee any irrelevant topics, but Maniocpics, myself to what •
l'u
I“ellnetial, and endeavour to include that Within the kiemtitts.
tt Vete. 1 Cannot hettying that my learned friend, in
of tointrodush..•
14 Tattoos top puma to be unties the Mather
c.
acumstabcd that he has avowed-i—nantely, that et hello soli..
otherwise •9 be the advothre of Mier. Ale:nodes ; and I certainly cannot
:“ the
for the min.nprsaemtstior which he has Omit .t. I
17Z"taatketaii7, nodmilit—but n which, with as little doubt, he-
my been mistaken. I have also no doubt that another eirm•
has had considerable weight tilletely, that Mr. Ales- 1
soda, the libeller was ths omen or nineeesentimf of agony of ben.. J.
6 Letidee's ht this 'house, to Which, upon his sea by I
earl homed blood beloags. Vost, borrower, dint. &Went 1
taPact such Senflonien mold lief Ft *Olt IrOltitr lave been availed bi animal+. ll' 214E1; *an
Lstegive a party in this" asks 'esiesiallY that
he .11.gfeeded here. Ant yet" we .IMeelearn that he bra,

such a representative from my hon. and learned Mend. by whom it
:ETalso, be would have been defended ; but from an oPrehrn-
U his seat and agitaden etr induce Mtn to giro utterance
to sentiments, which would be. , not es agreeable as to be
tolerated by the Court of King's ; and be bee also imputed to
me that I instituted them preercutions not to put down a licentious.
nese of the press, which had become quite intolerable, but to put
down this piety through the sides of Mr. Alexander. AU I say now
' is, that I hope the house will not ascribe any party motives whatever
to me, and that they will not Impute any motive to me which I shall
deny. I shall now, then, proceed to the different topic in the older
they have been referred to -by my hon. and learned friend—and Ma
Bret charge is, that the Lied IQ *nailer had come into the Court
of King's Bench as a private 'prosecutor. end that when leave to tile
an information was granted to him, the Attorney.Cieneral filed an
ex rondo information for the same meter, which my learned friend
says was oppressive ; because, if the defendant was tried on themes
and that it failed, be might thin be tried on the ether, and dist this
would be a grievous oppeamista. I, sir, however, venture taw that
no Attorney-General, end I nut sure that no gentleman of West.
minster-hall, of any towbar. meld give utterance to such expres.
Moos, and I ascribe his wire lee in this respect to my boo. friend's
not being so conversant with the rules and reales -common law.
Sir C. WEIVERELL—This would not be common, but un-
common law.

The ATTORNEY-GENERAL resumed—l beg to tell my
bon. Mend, that if a man be once put on trial on an ex-officio
Information and acquitted, he can never again, in any form or
shape, be made to answer for the same offence. I therefore say,
that all the half hoar's declamation of my hon. and learned friend
fails, and this, too, from a mistake which I should not have ex-
pected to have witnessed from him. That was the main ground on
which he rested his objections to any proceedings, but I trust he b
now certain, as I am, that this pound has failed, as well as others, to
which I shall proceed by and bye, but for the present I shall proceed
to discuss his other objections. He says that the ottorney-gentrall
=lln court es the private counsel date lord chancellor, or he
ather say, that the lord chancellor applied to the Court of
King's Bench, by the =oast of the Wes coroner or attorney,
for liberty to put an in in the lie of the court. But does
my hon. and learned friend say that that wns done; for if he doe ao,l
I must tell him he i. altogether mistaken. Upon that be said,
that when it bad been done, I ought not to have filed an ex.
officio Information. I meet this boldly, and will ask, was It
because that m_y private application had been sanctioned by the,
judges of the King's Bench that I ought nor? Suppose, even
as my hon, and learned friend wishes, that the house passed a
Resolution to qualify the power of the Attorney-General, and pre.
vent 'him from filing an ex-officio information without the leave of
the Judges, bow would his case stand ? I put it to the common
sense of in who heard me whether, when the Judges once sane.
timed it, the Attorney-General would do 11l in commencing the
ex.officio proceeding. But what would my Learned Friend say
to an Attorney-General who Would file an ex.oflicio information
in a case after a Grand Joey bad thrown out a bill. Now, by
comparing man to man, althOugh Gob forbid I Should attempt
to compare myself with one of the greatest ornaments that this
House ever possessed—.l mean my Load Plunkett—yet, as • law
officer, I have his example, as well so that of ahem, to justify
, me. What did he do ? He filed ex.officio informations after a
Grand Jury had refused bills.; and bow did he defend his conduct
There were certain eases that had occurred in this country which be
might have cited in his justificatiowln which the same thing had
been done; but he did not cite them, nor he did not want them, be.
cause there was a aloe of this description. In October 1811, an
Indictment had been preferred-against a person of the name of Leech
for writing to Sir Edward Littlebales, oaring him • bribe to pro.
cure him the Mutation ea Bariackmaster. (Hear.) The bill was
'ignored by the Brand Jury ; but the Court at King's Bench
ordered a second to be preferred, which shared the some fate;
and, after these two rejections, Mr. Saurin, the then Attorney.
General, filed an ex.officio information ; and yet Mr. Saurin was
,never called to my account for doing so. I, however, need not plead
'this, for I did not set sot I did not call fur a second bill after one
was ißaored, but I filed my Information after the Court of King's
bed sanctioned 'the appliation of the Lord ChanatUer as •
private prosecutor, en affldavit, denying the bets alleged. Upon
that appliestiou the defendant -might have come in and have sug-
gested
.some name for his milleke,' Or expressed Me remorse, and
then no proceddlog it'd! 'would have taken plum. He then might
' have appealed die peoiecutor by his penitence, or by some
explanation; bat what did be do ? He pursued • neer
He engaged an excellent man, a learned friend of mine, to
resist the rule ; and what was the coury pursued ? I trust I need
:Liz that no gentleman stands-higher in my opinion than my
friend Mr. Denman, 'who. of course, acted under the in. '
`structions of his client,- Mr: Alexander. . He Nested that It' was the
' effect of on the part of the Attorney-General thntite did nor MI
ex-officio information, and that he therefore pailllanimenslw
sought the-maitre of the court. My lamed fdend. also made sir
of arguments under the instruction of his client, thatiq;gravated
his offence tettiold-..that other Chancellor had not been undo:
'the necessity of coning forward to defend their characters.—t
• I cannot attribute this to my learned friend, • who is the sequaint-:
cane and the 'personal friend of the Lord Chancellor. This modeof
'Mgeding more directly tended to fasten the imputation on the
Chancellor, and I therefore felt it my duty to proceed. That,
however, alone would not induce me to do so; but a Mead the.
next day brought me the Morning Journal, In which there wait an
article that infamW and aggravated every chaige. This treated toe
'aa wanting courege, intense I did not go on by an ex-officio infer.
mation ; and ft also mated what its advocates are not willing to
admit now, that the. Lord Citsincelbr, as one of the great altars
of state, ought not to come IhrWard as a prirate pritectutor, and that
it was the bounden ditty of the attorney-geheral to Forted ex-officio,
end in no other way. Suppose now I were tp rest my defence on this
alone, what better need I ask P But, I assure the Imam, that even
though thus provoked, I should not have done so, but for other tom.
cumstances. The house should be aware that the informations in
these cases are generally prepared by junior counsel, and when this
one came before me, I found that the counsel insetted &count, which
.arguing from the affidavit upon which petalled/in to file it had been
granted, could not be sustained. I must heregive some explanation.
It was with respect to the imputation on my -hon, and learned
friend near me (the Solicitor.tieneral) that he had obtained his
'high station by corrupt means; that it was indifferent by or
through whom these had been used • but that altogether, gain was
the object of the system carried on, and that imputations were cast
-upon the whole government. I was about to sign the information,
but when I saw this, I thought at once that it was taking higher
ground, as the article impugned the whole government It oc.
cowed to me that not only was this a high and proper ground to
go upon r bat that the court of King's Bench might say to me,
ou applied for liberty to file this information as for a private
libel, and yet here you have a court not covered by your applica-
tion ; and therefore if I had not gone on, I should probably have
been attacked by
,Mr. Alexander, or his counsel, as having been
.guilty of subterfuge. I had, too, the authority of Mr. Denman, for
the .ex.olliciocauses being the most proper. I abandoned the pti.
late prosecution altogether, and I filed the ex.ollicio information at
once and altogether on tity own authority. I was not afraid to do
so, nor can I allow any ...ch imputation. I did so; and I still say,.
however I regret differing from my honourable and learned Mend,
that I am under the impression that I acted cravenly—an im.
pression which I shall carry to my grave. My learned Mend says
that there is no lawyer in Westminster Hall who does not say
that this was not an unconstitutional, and at all events an un.
precedented proceeding. There is no doubt whatever that
a Lord Chancellor has seldom or never been obliged to re.
sort to a prosecution ; but I must say, that If this be the ophdon
of the lawyers with whom my learned friend mires, we -certainly
move In very' different circles of the profession. The sauna in.
formation, too, has been attacked by my honourable and learned •
fdeod, which I can by no means comprehend, and certainly I believe
this is the first time Ante the House of Commons had existence,
that an Attorney.Geneml has been attacked within he walls far filing
an information on a libel against the King. My burned friend says,
"Strip the article of its colouring, and it is no libel." To this my'
answer is, that the court and the jury thought it so. On
'another he toys, that the jury found Mr. Alexander guilty of
shied 'against the King, but not against the Duke of Wellington,
'and that they recommended him to mercy; and this he calls merely
a verdict with a farthing damages. But suppose the jury had ac.
quilted him, Chit has nothing whatever to do whh the tint pineectt-
L 4,111, which is the chief nd of his complaint. My hoc,ad learned
blend also has' alludaf to the ease of Mr. Perry, of the Morn.
lag CArtadek, In support of hii* arguinent, and• he now brings
the words of the verdict in this Calla as an' aid. AU the use
he can Make of It Is to quote Lord Ellenbor.ugh's opinion,
for the purpose of showirj that the second infinmation was
• libel. As he say% thejury did gfee • qualified acquittal,
'and did 'plimiiitice *hat r. Perry wrote to be no libel ; • but
',:otsui attach was shade upen die Attorney-General for lead.
'cud that press
,cution. And I would ask, was them one conselle..
't lawyeetspon•elthrtor the benches of the house, who" would
hive fasiituted an ;Inquiry Xi* the subject, if it was thought that
there wasreny pound for it ? But what were the Word; of this
alleged libaJ of the" Cbtaniekr crowd of
Idemeitige milt upon- the oda, in the event of* change in .tior .pro.
Sent system—of all monarchs the summer of George. the Third,
Will Lave the sweetest epporttenity of -ratiliting 'himself popular."'
No one then blotted 8w Vicary Gibbs foe his peosecution.—
*Lord Ellenlnirtingh did *not think' dime words a'llbel, but he'
nut 'Maras Sir lfrieltry Gibbs 'fur 'betagof attintraryloidnienel
pad, ropem,rae, fiir Nicety Gibbs, was not a . whig .Atterney. Ger
,Which seine now toCrime—net that f' appiosiedva
bandying the tennyerWhia' or They. Theiluty 'Dern,
441Ait
had ef
ib it or a
ripld.reselog this b M
ree2he
ill i poi to be
or lop diffenot.empen-
rin couttisgreirmw4ilonkr ite fttr ibili
Wid iteslettlirefAblerati lhogi whitens,''s • aidveelnalrlenfild
to riltalillia{o what ie whin him, sad to exagnerate when is is Ma

!-• • ~•

. t

j favour. Now this I apprehend to be the emit* pursued by my
honourable and learned friend to-night. He did not lead the lb*
to the house; he &tartly repeated that the king had been lightly
spoken of. Now, what would the jury have done were this the
am. and what ought to be said of Lord reoterden If he elbowed
such • case to go to the jury ; and yet Lord Temerden is not an
idiot, and he is even allowed by my Hon. end Learned Fiend to
be most impartial. 1, too, will restos to say of him, that never.
in the cootie of a long practice, hare I met with a Judge of more
perfect impartiality, and more entire fairness, combined with the
most arcuate knowledge of the rules of the profession. I fey,
then, with that Learned Judge. that this is i libel, and if m
Learned Fried himself were on the Jury, that his own Integrity and
honor would have induced him to give his verdict against Mr. Alm-
ander. Was it not, I mho' libel to represent the King as Unpopu-
lar and degraded ? It began in this way :—“ George the • Fourth
was an unpopular man; but he is now degraded." Its effect was
*represent the King as having once been popular, but now as
degraded by his submission to an imperious minister, is not to
due to partake of the amusements of his subjects. or date to show
his face amongst them. I confess that I have been brought up in
habits of thinking—and I have often expressed it in this House—
that when the person of the king is spoken of it ought to be with
reverence and respect; and I do say that nothing can be more de-
grading than to represent the monarch as not daring to enjoy the
amusements of his people. This was also the opinion of Lord
Tenterden and the jury. . Now, as to the third ease. My learned
flietal says that this libel on the king iamb weaker then the other;
but I contend It is quite the reverse; for it toys that he al.•
loin himself to be derided and ridiculed by his servants. and II
combined With mocks upon the King, Lads, and Commons.
as well is many diteingubbed individuals; and then, what
is ay learned friend's conclusion P—that because there wan
some deify on he other ease, this ought not to have been'
pissed.. But he ought to have understood that the *adios
were given within live minutes of each other, the last ease
having been _ going on while the jury were out In the other:
My lathed friend also mys that the constitutional mode of 'pro-
ceeding .would. by to bring a man to the bar of that house,• Mil
subject him to summary punbhutent. Now, it has always been
the complaint of the press that we meted anconstitudomily by be.,
cm both Judges and Jury in our own cause ; and it has eve
been an unconstitutional. However, we now heir front
an ex-Tory Attorney-General, that the true mode of proceeding
would be to have the individual tothe bar. I *toad wish very tnudh
to see his precedent for that course ; for my own 1 can vouch many.
In 'befit* place I can give one that perhaps may stand high in my
leserid Mend's citfutation' that of Sir W. Scott, now •Lord Eldon.
when Attrithey.tienerab He filed informations for libels on the
King, Lards, and Commons. Nay, his predecessor, Sir James 'Mac.
&meld, did so in the cape of Pryneand others. These things lam
sure mj learned friend forgets, or he would not say I here been the
introducer of unconstitutional and unprecedented prosecutions.--:
(Hear.) I will now show the number of informations (or libels on
House of Commons pending the sittings of the house. In the time
of Sir J. Scott there cm one;—in the time of the next Attorney.
General an information against Johnson, and an indictment against
a paper called The Scarlet Do*. (Loud laughter and cheers.).
In the time of Garrow there were four infbemations and one India.
meat. • In the time of Shepherd, 10 informations and two In-
dictmeits. In the time of Gifford, 10 informations and one
indictment for libel's on the 'House of Commons chiefly, but
not entirety during the sitting of Parliament. in IMG, there
*re three. This will show that ft was not unprecedented to
prefer Informations for libel. Does my learned friend mean
to my, that where • man libels the King, and also attacks the
houses of Lords and Commons, by name, that it is a leas libel on
the King, because it combines a libel on all the others ? I will
show hundreds of instances where libels had been published on all
these bodies, and where nobody thought that it was ever uncon-
stitutional for the Attorney-Oenend to prosecute 'for a libel on the
House of Commons *One. My learned friend has trotted 'this
rev as if Mr. Alexander had been punished because he was the
the representative of a particular party. In that respect be is
much mistaken. I thought that the punishing the newspaper Was
the beet oxide of showing to the public that he *M not sap.
ported by aseh' paity. During the agitation of the greatraitz
then which asonestil to l rankle in the mind of my lamed Mend,
and to seinant foe any little occasional Intemperance with which
he treats the subject, the hoses! must menthe/ that a certain par-
don of the the press which adopted 's% side of the question was ex.
tamely abundant in a variety times*, libels amongst mhos, of
endenvottring to natal& things as they were. Far be It ?mama
so blame thefm for to doing, be any of the party
.wbboo=sop.
=I might think that, in many mopeds, the
*MOM judgment ind exact penetration to stacittak=
thillielia in the dotes, bat 1 never doubted their lotegrity,
tint!
g:l3
ihrientifins. I, bowem, thought • that the mans on.
posio4o sustain 'the homer of the party Wee' Mt
. . 'During the discussion of the question rimy kinsircl
i was put Incirculadon by the newspapers to Weaken
lenses* of ministers. I happened' to go into the Many dating
Wards, and inquiries were made of me as to the state of Leaden,
these** being represented as filled with, persons rand) to set die
Idiots tarn On fire. Every one knew', that them was nothimielitl4.o
sort; Mallbit the newspapers magnified and exaggemeol the
During the discussion of the matter in pedininitht, Ihirligh the netts.'
pspeforoightimie overstepped the marks's( preidimlis, net erne rise.
cube Me initiated. It via believed thkt when the niesattre had:
poised, that feeling Would subside. hires not ma I believe the bill re:
aired the royal:assent early in April. The course paraded by thli
newspaper wan to "moan to the people that his Majesty Intruded
to dissolve the Parliament,ind tofu* Masse* to the bilL Thieves
so represented, that many honest men, who took their opinions'
from the newspapers, began to believe it. It was there tepee-,
seated constantly that his Majesty was dissatisfied with his minis.
tee, that the Duke of Wellimmn was to be turned out, and the
measure to be reconsidered and repealed. In considering subjects
of this sort, the public officer is bound to pay attention to the
effect 'the libels are likely to . podia*. The state of the cottony
was such, that it was desirable such ongry feelings should subside,
and that • the opponents of the measure should acquiesce* in what
had been dictated to be law. Yet Mr. Alexander, pursuing a
different course, wished to impose on hie readers, and make them
believe facia. Which they knew to be false. He was allowed to go on
In bin own way till the end of May. On the day I had the honour
to be presented to his majesty this; paragraph came nut, re.
presenting that the venerable Keel of Ki had had a conference
with his majority of one hour the day *fore, and that the sub-
-*.t of. the conference, was the admitted Incapacity of Lord
Lyndhurst for the situation of dhaieellor, and the ended.
your to find a proper succeeser. It then went through
a detail of the conversation between the king and Lord Eh
don, the While of which was a libel. The first thing that Lord bl.
don did-ea bearing oldie matter was to express his regret at this re.
presentation of a newspaper which pretended to be, but was not, the
organ of a party. No one who rad the paragraph would hesitate in
supposing that the author had sense secret intelligence of -what was
passing at Windsor. No man in this house would so suppose ; no
man of education would believe it. Men deduction do not tithe
their opinions from the newspapers; but the great mess of mankind
may, and undoubtedly do. I put it to the house whether a repro.
notation of this kind, this newspaper being considered as the
Organ 'of a party, was not calculated to prods* a most pont.
chat tact amongst the people. This was combined with Other
libels of the 'name naive. It was said of my Lord Lyndhurst that
there were repealed knockings at his door, and that tradesmen could
trot get their bills paid. The effect Was to traduce a genteel ion-
*bleb :the pampa aimed &Corm the last men to hew •14
ft:°lll4as vrbiiitemd about that the' lord chaticsnee was unable to pay
his way. The idea ' originated in paragraphs in this aewsperpor t
and I hive**lesson to know, theugh I shall not go into the per-
iodos.' last parsons of rank, Members ft this home, train*
intimations* ithith • bad their might in' the Alerting Jour*.
. the lord chancellor thought' it ' to vindicate firloid4
He tad me,• in the conference I had with Int upon the aubject,
that be never lie his life had been indebted the third ebb In-
come—that he was much astonished these reports had beetleirew.
laud about him. He thought it right to pa an &Olsen tfpoti thl
dim of the Court Of. King's Bench. As moo as I had resolved to
Ale an ex-officio intonation against • Mr. Alexander I had 'an •
wouoity of seeing thirty or forty **papers; so that I would not
have the house suppose that the. libels mimed were the worst 1
had reed. 1 read libels on my right* honourable friend (Mlr. Peel),
who knew nothing of his name 'being 'involved in the prosecution—
libels in the form of letters, tic nature that no private matt would
hive Submitted to. (ileitz,-heor.) The day after she inform..
Lion was moved for, Mr. Alexander was going on in the saint
Mast, for he Published I' tooratioloit libel, defying #ll at henry,
and showing his determittaion to pose**. I. had.dlia-mat.
ate under consideration for mine dine. If I tame *died 'th=zi
lam to blame. Ido not. think I have judged wrostg.• I •
It footniary to restrain, if I possibly could, the licentious** ••
cue
„n of no just'value, by turning It Into contempt,
which was predidageheitremely acrimonious erects,
.and props!
tzgaitzinatonrs
tiwiehi Iti
eddetMllitt not
ihar:bear: for
.t;te re; tddi
pinislial them all, the house would, indeed, have thought that
I had had a *budget of Informations; but my object only was
ea Iftettur.lherocurrence and Constant repetition of those nausea.
ft.allhels,*.nbikii "are published from day to day. If I had .
cl jutfilah thenewspina I shoild have *Wed Others,. and
;fart those only la ithith r *bald the king • 1 aid'tore-
linestas a hlonateltit I ' Mkeed;- ' " , tbfiled; OW kips
EaOi•Aitool4thittlis ishglre* maw. - l'inn of spinier
ity dutysviiim seltaihnoßbelemihr King. and Hisd.abun-
tautiOeo, irk Mo. Cy* of Inv ostetosers,. 44. MbiliN •of it
Ileablisoi iivatsti, mare; . Wag prosecuted• foe ihoz pue.
Le:.ille::refted Ptleal that"iirr l* dibtriationd • *ilid.
' ' yet I lave brought Mr. Alesandee se tri.L.:lf *et 'thee
• I could have mooed and sepented -hie POMO%

'

I should net have brought him to trial at all. I should btve
be. better pleased to Jet him madereand that he win iiot
pbe tried, but his conduct reamed me. I had,'• there.
lag no option but to brag Id= es trial, and I will. do '
it is;cain. I have done nothing wrong.-(Hear, hear.) Vain
afraid that my learned friend may have taken his teprekn.
tattoos frown statements in The iffirgetto Journal and othet
papers of that sett. It does not fad to my lot to be obit' to
haul every newspaper. Unless souse vanity triad remindi Me of
a libel on myself, I have @sidewise opportunity of knowing what
they do ray I but, according to all the lafonnation I have received;
the account given by the perm of what occurred on the trial has
not bees so comma as their accounts generally are of what takes
pipet a Cont. I beg to my that te treat me as the enemy of the
press, because I have filed those Informations, is to misconceive•
the whole mope of my intention. I will refer the house to
what task place uppoen what is called the blasphemous libels
is 1/1111; and, by a kicky accident, I found, last night, a note of A
spack I mode on that occasion, without knowing that it bad been
orted. It is a speech in which I profess the same sentiments
which I now profess...ht which I state that I thought the Awn.
2doi-Oessairielzesate_not to be deprived of the power of filing ex-
-that it wee a power useful to the public, but
ought to be esetched with care end responsibility. It was then
segoed 6m prosseutioas bad taken place, and that the parties pro-
state& had been aordtted ; that Hone bad been acquitted, and that
Week, had been acquitted for libels en the House of Cab-
man; and that, as prosecutions were Ineffectual to restrain
the lioettiateneue of die peas, some new measure site
namely. It win the genial feeling that libels had
been earned to such a point as to call for some new
monate. I stated that the opinion I entertained was, that the pro.
mettle= hod been ink:did:only selected-that the parties would be
acquitted. I thought ft unnecessary )o make any new laws to re-
latifs dm lass, because the old laws were sufficient. I sin glad the
delteMelit remains to show that there has been no inconsistency in
my cooduct. (Hew, beer.) I think honestly, I think earnestly,
that If the Prat is allowed to become the perpetual source of pri.
arena public slender-if it Is considered that everybody has a
right to call a *ma, bemuse be is • minister, " knave"-" liar"
-" Illoandret"-(for the Duke of Wellington has bean called
many of these th(nge)...." a false *thee-- a false coward"-
sod " asps* &every crime," one of two things must happen-
either the Preis must grow into utter disrepute, so that no
man of common tense will allow it to influence him, or some mea-
nies moat be taken to restrain it. lam not for a new law. I think
the old law sufficient. and, in my opinion, he who endeavours to
correct the abuses of a newspaper, conducted by a bold and fac-
tious man, who bas no rqard to truth, feeling, or public proprie.
ty, does service to the press; because, by ejecting from it those
mambo's, who give a character to the body, he preserves its purity
and incireasee the moral hallueoee ft ought to posies. What is the
ass of the Press? Is it oat: to correct abuses by holding
ththrup to public indignation= but the press will lose all its roll.mos, if it attacks without foundation. and Its calumnies will pass
by lijte the wind. The press the will be, as Thersites is repro.
sated by Homer, • son of privileged slanderer, who might rail
Achilles a coward, and Agamemnon not a great king. I think my.
self-y*lM meanlng'to say that l will carry the correction of
the pears to any extreme-that whenever It is conducted upon
the prinelplb urea which it has been conducted fur the last ten
or twelve yisere, it is teethil and proper : and I ant not afraid
to toy so.-. 1. *now it wins sane courage to say so- that its
libels ought to be puitMed...(.lffiesr, bear.) A noble friend of
mine told me, the other night, that be had reed in some news.
paper that I bad sated teat 'lt wee improper for newspapers
to publish the tellotes•df kitiet. In order to -satisfy the boom upon
this subject, te to the very words I used, I have sent for the passage
referred to. The house will give me have to read It, first, to show
the tote [took; and. Idly, to show lwomuch I have been mitre-
preesuled ; end I wlll that show another instance of representation
which husbeen -they unfocused* for me. Immediately after the in
henatlat *as Sled, there moo ouch: the next day's newspaper
a statetneit that If the •juries presumed to convict, care would be
taken to publish their lames. the the country might know who
they were. The Iffiskros. by .a person who called himself
to this Doke of Wee not that to be noticed
et; 're nits* lies whom dander wee disregarded, were to
Its sad say Many Ore, "Ms ' Wetherell has sent me to tell
yilli that yen •ite's liar, a •thetosdrel, sod 6 villein," was it not
likely that thsithdiviiial to ohm such 'stomata was addressed,
wisuid klMelk-ilhe'llpithir detest Why ilisoll -vet the Duke of
WellithpOs 'bete Isslisigs like midi& 'wool 11 was enough for
the Thilbe if triellignet to know wt 'the 'Duke of Cumber.
Mad itabild'OnstetAtheiiirise ouch
_.5141111111106, 'hot ft was also
dile MK the treed teneld brow Skit o*pothormi Mustriona, and si
dmoilsodky-lisid•Mitide maj, bad eat loam the patron and
foe** if the perthirlibe had ihihid the libel, and that person
a.eltergyeaaa. Ondk vow wisewhipit the trill 'I was told that the
awe era 'were *Meeting the Junes fee the verdicts they had
My Idetevidisis were • theses." That .if ever it were
pit"chime to any person, elm the 'Oases of juries bad been
in WWI* they might be deterthefreen their duty by
Aar. et saki* • 1 would Mt' *ink fano my put of the re.
"Pgaralibills Ildllltgesoch—psosons to maga punishment." I
sea *reef silitilments, .11md I trust the house will be
as ink • he juries by the fan Of the press. There
is *AM* odereprossalaties keen which I hate - 'offend
emit. I she/rata the jay that 'Mr. Alexander used the word
"will" laskodif .04 ehall,"..and I said, l_perceive from his use of
the wadellhit she gindenten la not an Englishman ; 'from what
country it. esmel dotes pretend to know, but he does not
use thssetasses 'with that felicity apse which we English.
mea pills aleadess i and 1 cotheoded • that be was a Scotehmen.
I. dehisce, 'Mr. Alexander made an attack upon me' for re-
peththiog hith at exeunt Of his co,.otry : be said It was illiberaL
In toy reply I smad • that I was glad had given me an op.
pestaaity to oee.et myself; that nothing • was flusher from my in.
Masa than so reproach him en account of his country. I
bay nasty -genffinelo if his coustry, and entertain towards
di* • Iliffings If the 'greatest aspect and honour. Notwith.
railiag that, the thsaght It to take notice of what
per,and the relish •hoe bees that I am afraid I have given
elbow to many weirdly persons. I received a lettei this day, in
whisk is the teeming sessions :-" Yoe insolent coward, you
knew veep well that If Lord 'Melville' or Lord Aberdeen had
hot at the heed of the sressuty, yen dere not abuse the Scottish
anion."-{load laughter.) This is somewhat moving ; but
it is a sample of genuine repeseentatiens when made by per-
mits who have interests In view. I. ask a the honourble gen.
tleman . not to measure me, or jet* of my feelings by what
they read In the newspapers. When I see any statement respect.
ing an ladividuil, and which I knew is Inconsistent with his
penal tonduct, it demise. leihmente me at all. I implore others
to treat me is the same manner. A' Muse forma the motion, as my
leaned ftknd wished to found upon the pipets which may be pro-
duced some Siberia rowelling, instead of opposing, I shall implore
the home to grant him blirequest. lam perfectly willing to stand
or fall by those papers 4 and If he can make then: the foundatioo of
useful hnplovewiettte in the law of libel.l shall rejoice mit. He has
stated that la he his Obleet. ' I have no wish to thwart hint. I would
esthete** hewn would sit as jurymen and look at what the papers
reallytheosther than what my hon. aid learned friend represents
them. tlpoka review of all my tonduct, I do notecase myself of any
Went* en act to restrain the liberty of the press. It is a' false
View if the subject to impute that to me, nor will I enter into the
(suing. of my Houourabk sad leirned Friend when he imputes to
me wane optreseire end tyrannical towards .11r. Alexander. Ily
==6ll bad adieux abject than to prevent the excesses if li-
drielieber has canted to an' cres to which is was
ogyavaglid raw' lie assure the House that I speak sincerely
what l•way; diet with, the ebtomstances la which I was placed. I
studio I to hits lead ; and I verily believe., netwithstind.
kg the of My Idartad Friewls, that if the same thing
"Alt' I *old se act agein.--(Heer, bear.)
4
• _girl'. • )1 TT sold. that notoithstanding the entertainment
while' thr ban.' sad' learned seedcases bad given to the house.
Whisk was pathos better adapted to another stage -notwitheand-
hg his ctincdts and angsdpeduths we ba, erabrateing (very thion,:
as lit Stith of the speech of the hon. and learned member'-for
Plympten, and appliaibk to nothing ; one thing was /Omitted-
the he hid tiled an ea leek, fulmination aft& he had begun by
indictment. However, the learned gentleman hid not succeeded in
orating Out the cruelty or oppression of that mode 'of pro-
ceeding. There might be some additional expense occasioned
so the defendant in ansequeoce of ft-that was ill. ' in' feet,
(bare' was an end' to the whole case a. regarded the charge of op-
premium' against the' Attorney.tieneral. Kist while' he gold this,
he toed add that he thought the power et Slag a officio infonna.
than otfOt not to be penoittbd to mkt. He confessed himself so old
frahanW in his nelime-so'much a sieve to Indent opioiona in
sciben,:steserc repr d
eel: ftbarefft.;lethibnykinegx loll:ciao aMinfunotlifYitatchomns-trolthaceut re
thought With the 'pest Led (Ihatiten, that the perm should be like
the eir..-a clanked libellee. ' His leased friend (the A norney-
bletieral) admitted, die 'tht press Sonia *itself the remedy of its
Own stoma. when it sunk Into scusillity and abate, and that
peop!e' would •at With • **ohs inellbetrit to it t if so, why
proacute an aphid that our thud' tattered power's* by its mis.
eppllcation ? (Hot, heat) Would anybody believe.because the
Mike of Wellidgtos might be called a' - award. .by ,Sir' Ales.
ilsodae In atellOsentnel Jt urmo/. that such a statement could lower
1 hies lit diVeldwiation of the kW' this reentry' that k week,
ilikriNel Weimer ilea in Ma high end well.ouned ichif.
r =ll6-101.tily ? ' Utley *ld lower the character of ti e•
'ethic it *mail be the ' of thew prosecutions;' but 4t
gat* ilini_ ireftriblite I Ili ' Puke 'ef ' Well lemon, or. to
igir
r,
I.
st -deepasTilla.Nrits,l4l4‘7l,umgapiNihiegaiiill:disami44:wohdire4l.44l6.4"".wassibuottbili;dit°ttow. sonututclhpoi .hseiss-
Us * need. aphis& ihiajsumal.st as anormous and unmet.
• hoisted pones, • power *LW he anismaiasi to be it/di:caul t .

•

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