Star.
London, England, 1801-11-12 00:00:00

Topping's very good fenfe would not induce Mm
to tay, out of this cafe, that two years imprifon-
ment, although there he added to it the pillory,
is minifliment too much fOr loch an offence, air
offence calling for as much Non:tient as any
mil-demeanor, perhaps, in the prefent Rate of
things, in the community in which we live. The
offence is Dated in three Counts in the Indiament ;
one of which only is material, bccaufe it is on
that alone the conviCtion proceeds.—lt is in thefe
words, •• The Jurors indent, that the Defendant
Robert Higgins, did falfcly, wickedly, and un-
lawfulle, folicit and incite one James Dixon,
(who being a fcrvant, &e.) to take, embezzle,
and Deal, a quantity of folk of great value, &c."
Now, a pylon in the great manufaaory at Man.
chefler, where this took place, or in any other
great manufa6ory, forced to employ a great num-
hcr sof men, a great many fcrvants, muff be in a
woeful plight, if any wicked man, fur his own
wicked purpofec, for gain or otherwife, may,
with impunity, thus folieit and induce any of dhoti
fervants (who have neceffarily the confidence of
their matter) to rob their matter. Looking at this
Country, which prolefli:s to be governed by a fyf-
tem of law, am' by Inch rules as arc eubfervient
to morality, order, and good governmeut, a man
who had not found himfelf fitrrounded by a great
deal of legal ingenuity, would be a good deal
ationifhed to hear, that this is no offence by the
law of this land. This, perhaps, might not fur-
prize a great Lawyer, who looked at tilde things
drily ; but in the mind of a man, who had only
looked amc.T-g us for the principles of morality
and good government, it would excite confider-
able ationifliment. In the courfe of this proceed-
ing, much has been brought forward, not to en•
lighten, but to perplex my mind ; fuch was the
effeft of quoting form of the ancient authorities ;
however, if modern authorities hate had the drat
of letting afidc fome doubts that attend fume of
the doCtrine laid down in the reports of fome of
the cafes (as I apprehend they have), it is a
4PY
thing for the *pace of the Country. I
will lay aside all the cafes upon :tenons for (Lan-
der. \Mat Judges would have decided in former
times, if fuch a cafe as this had come before them,
I do not certainly know ; but I think Come things
are Dated in Reports, to have come from Judges,
which I think they could not hive faid. I think,
that when it is contended I.ord Hot r would have
raid this wits not an indictable offence, from what
be is reported, in fume cafes to have faid, it is
going too far. He has had words imputed to him,
in the cafe of a baflard child, which he .never did
fay, I am pet-Made:l ; becaitee it is contrary to jut.
tice, and goes the extent of (hewing, that to en-
deavour to fliborn a witnefs, in the ci twee of a
judicial proceeding, is not an indielable offence;
but if it had been tit laid, I could give an :Loewy,
equal to it in point of authority, more recent, and
therefore more valuable in point of time, and more
azreetable to common fence ; I mean the decilion
of the Court, and the judgment of my Lord Maws-
Ft Ft D, in the cafe of the King and Scofield, and
in the argument of which Mr. Ilaaacaorr Rated,
that all the Twelve Judges had decided, that
where a man was indifed for an attempt to inborn
a wilnels to commit perjury, loch a perfon was
guilty of a inifelemeanor, and their: was no differ-
ence of opinion upon that fisbjet. COD forbid there
Mould be any difference of opinion upon fuch a
point. It is faid in argument by Mr. Tory:No,
and I do not find fault with it, that unlefi fome
ail is done to manila an evil intention, there can
he no guilt, that a mere with to accomplifh an evil
deed is nothing. Certainly it is fit, for the mind
of man is infcrutable to us, it is between Coo and
A man's own confcience ; but is the cafe fo here ?
Is not afiting another man to do a thing, an as ?
lVould it not fullicient overt aft to fuppurt a
cliartot of High Treafon ? No doubt it would. As
to the cafe of Samuel Vaughan, which has been
quitted, I la ',ember it perfectly well, and it was a
cafe of great magnitude, and men of great abilities
put their whole flrengtl., to it. It was the charge
of an attempt to bribe the Duke of Grafton to
give a place in the ];land of Jamaica. Was it not
a great offence ? Certainly it was, and Lord naa-
fi-1d heated it with great indignation; he laid it
was an cool mous crime to attempt to bribe a C:c-
binet to do an as againtt the honour of
the Sovereign and the intereft of his eubjeas. 1
will nut go through the whole of the cafes which
have been quoted, and which are applicable to this
flibieet ; they are all brought together in the cafe
of the King and Scofield, and colic/led in Mr.
Caidccott's book. I have no doubt that this is au
iodic-table offence. I think it would be a (ender
to the law of the land if it were not. It would
affliaing eor us, to fee that we live in a country
where there is fo much trade, and neceffatily fo
moth confidence, and yet where ails fo immoral
are not to be held as offences by the law of the land.
Upon the other point, • whether, if indiaable at
alt, it is indict alde at the ttiarter Seflions?' I am
n,,,,L clearly of opinion, theta the Sethons have ju-
ritill.aion overt):, ; for it is an offence tend-
ing to a Breach of the Peace, that is, a viohasion of
read gi octal f. item of tl.e law of the land.—There
arc cafes w:,,clt sue ir:ceptions to t:ie jurifdiftion
of the Seflionr, Mel) as forgery, &c. and 1 almalt
bil,ici ibe to the opinion, that it would be better if
rain.. were no fuels exception, but as it has been
held otherwile, I elsell break thrott.,.th no rules of
racy preileceifors. Dot this offenc, 1. not excluded
front the joriullaion of the Qua:l.lr Sellions, Anil I
am happy it is not, rot 1 am pen raided that t?
°nailer :Melons have tl.,ac coin; teat ia this
4..11!.
Mr. lattice Gaosr. fah]," tli.7 moral nfr•nce
thitA wars Itildoll:)Ltny a vet great otfcoc,: Sup.
poling it to b.:. cononitted, and to has e been well
fail la the iti.iOnient, it seas a great offence at
.0v ; And mill important to the Public
th it 11,,,111,1 thu ritis a crime
: v. .a n ...her words, awthing
_ a 1' a :,1 r19.,!...r a Mati.-r.
, •• ~rFerice at lan
in t! c po:r.t (.1
; of ''." • ; 'ore a C,..t:t which had
rn 110.1.; t•• it; it; Cllilf`t of
'4l Judgment mutt Ire fet
111 Q:, hatert.' th: ..4.411“,•1;11f.: might be. It bad

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