Star.
London, England, 1817-06-26 00:00:00

LORD IDLDOUTH'II LETTPR.

Sir SAMUEL ROil- IL LY said, no apology could
be necessary for now calling-the attention of the House
to the subject of Lord ShimOuch's Letter, though it
might be for having- so long delayed to do so. That
delay had not arisen from any want of conviction as
to the importance of thosubject ; but that conviction
impressed on his mind the necessity of well consi-
dering the subject before he brought it forward, es-
pecially in times like these, when all qitestions on sub-
jects of this description were so dexterously fenced
with and put aside. With respect to the Letter in
question, it was in the recollection of every one that it
stated to Magistrates that theybad the power, by law,
of holding to bail or committing to prison any person
charged with the publishing.a seditious libel. Now,
supposing this was the law.; yet it would be.highly
1 blameable for the Execetivairatternment to in-
terfere, or to direct the Magistrates how-they were
to act, as Lord SidmOuth had dime in this case.—
What then could be said for a Minister of State who,
without any law to jostity him, had presumed to
write and even to direct Magistrates, not only as to,
the law, but that they should put that law in force on

taeneral, that between Cie years IS. 8 acj
1811, though forty cases of libel occurred, in i n,)
one of those cases had the Attorney General thought
fit to exercise the power Vested in him, And that wi4
a ease in which a libeller bad persisted in a reFi
tion of his libel. Lord Sidniouth, however, b..d
upon himself to direct Magistrates to 'eti tins ..i; ;,1
occasions, and that upon a law opinion given-,.
Law Officers of the Crown, the Attoir2y and
citor Generals. He recollected no preccOent or
subject, except one, originating with the szme
tory of State, Lord Sidmooth, who on a fermc, c.c.
casino had obtained the opinion of t::e :saw -;
of the Crown and pbblished it. The i%tts
the construction of dn"btful law :tom tve
Law 'Officers was for the Crown to ni•tki I, • .
The only legal way of deciding lcg4t, aot:Ut•
a legal discussion before the Judges or the 1. •
by a declaratory Statute of the Legist,c,,,
tempts had been made, indeed, on former ,
by the Crown, to get a sort of txtra.judicia. .
.tion of 'doubtful law from the twelve atoig • : t..it
this bad never been considered as a constitute r.
proceeding, and much less could the opinion of !i.e
iAtterney and Solicitor Qenerals, let their talent; be
what they might, be mien as law. What were the
eases which occurred in the reign of King Charles I.
of ship-money, &c. Here the Court had the orini.:3
of the twelve Judges, yet that opinion had seen
thrown; though surely that opinion far v.ceeded:h
ofau Attorney and r.ulicitor•Gentral only. 13e merest
no personal reflections on his Honour able and Learaed
Friends, the late and present Atterley•Generals; bet
it had been said by great men, many men's vir-
tues had struck on the lost of Attorney and Soli:itor
Generals. The great Lord Coke, the most virrucui
Judge in the times of the Stuarts, and who Anne, of
all the twelve Judges, refused to go dowl ,m hi. knees
and beg pardon of the Privy Cotimil, for having or-
posed the Crown, when a Judge was supremely ewe..
.pendent. Yet who would have entrusted my 1•':1
V-oke, when Attorney-General, with decidini.; a dc::- •
hal point of fart, in which the Crown was:um:erne:its
Yet now we were called on to take the law from the
Attorney and Solicitor Generale—twice, recently, it
bad been done. Once, about two years ago, the
tame Noble Lord had called on an Avori.ey ant
'Solicitor General, to explain a must i .inportant pn;et
!of taw—namely, whether the Militia coeld to ken;
odied iii a time of peace ? and the 1.4 w 01-Scer:
rot the Crown gave an answer in the affirmative in
less than 24 hours. If law was thus to be taken Ina:*
the Law Officers of the Crown, then indeed cite
ought to be taken-how those appointments should he
made ; and that they should nut be made as they had
been in late years. In stating•this, he begged to be
Onderstood as not at all reflecting on the last appoint-
', went which had taken place; co the contrary, he.
I begged to state that, in his opinion, the appointment
of a Gentleman who had never bowed himself into
notice, or made any subservient professions, but who
was selected upon the representation of his talents
'owl virtue*, was highly honourable, both to those
ho gave and to him who 'received—(Wear, hear)—
itod., therefore, be trusted nothing which he had said,
or might say, et the Ltw Officers of the Crown, could
be taken as a personal allusifu to those individuals.—
But still he must contend, that to take the opinion
of the Law Officers of the Crowa, who were sworn
to serve the Crown to the utmost of their power, was
highly objectionable, and unconstitutional ; expre-
sive of that opinion, he should conclude what he had
to say to the House by moving two resolution.:
first, expressing the opinion of the House. that it was
highly prejudicial to the pure administratinn of jir-
tice, for any Minister of the Crown to interfere in 'he
discretionary power vested in the hands of the Ma.
gistratn, Oslo direct how that discretionary power
should be 'exercised ; and nest, that it tended to t!
Subversion of justice for the Minister of the Crown
take upon himself to explain the law, especially whet.
it respected the liberty of the sohject, and when-thx.
law was promulgated on the opinion of the Law Ofl•
cers of the •CriNwn. ' The Honourable Gcntletnan
said, he should not propose any resolatinn as
the power vested in Magistrates, cr as to the
nion given by the Law Officers. But he was, ri
his own mind, after the most minute investigation
of the subject, convinced they possessed no sus!.
powers. It there had been such a power vested
the Magistracy, he was persuaded it would no:
have keen suffered to remain so long tiornewt.---
With respect to the publication of the opinion el ice'.
the Law Officers had given, he was convincee. bi.
Learned Ft ielids had gr.at cruse to comrlain t`el
must have bech deceived, by the Noble Lord. who
certainly never could have informed Olt m their op' •
nion was to be putlished to the world; otherwise the,'
would never have given one drawn tip in se sieve •Y
a mariner, 'Which said, on the face of it, yon a-k •
fur an opinlocantbne.ease, and we Rice it to yen or.
another. He cited. 2 -number cf opit,ions, to ..he•-.
that no Magistrate had a r:gbt to commit a reran fr
publishing libels. There was a statute, whet:: re,
Magistrates to commit persons for publishing wc•:•..;
unlicensed, which might tend to di,tueb the
or destroy Religion. When he heard of that Ors ..!
be was very much astonished to find cud: 127
coined in it. In this instance he did not con:, ••
the Home Secretary, tut of an infringe:my. of •
law on the part of the whole Admini:tratiens.
more especially of the person at the hend of the a. r
But he heard the. Noble Lord, at the bead eT
Home Department, treated this matter P.
ference, and said, that if any man accwed I:7' • •
wish to suppress Sedition and Blasphemy.
proud of the chara,e. Such rats the cfcc,,,..
Duke of Alva, for the cruelties comin.ttvt!
in the Netherlands. Who would say t!..n....! •:
try was at present plunged in a state of
But let them recollect, that by this fllCat'.;i:
were about to impair the Cons:itetion, or
destroy it. lie then moved for a copy of the e?•
on which die Attorney and ezolicitor•Gc:ieral forr.: -
their opinions as to commitments hi-
for libels.

every OCea-wm.l.lllllllllll°ll4on ; thus inteeeving and t
from the agistrates every discret:• niity 1,0... Tr.--
The power which was lodged to the person of tl e
Attorney General to recommend to .143,1,,:.a t.•
mit was seldom used ; yet there was a tecorrin.v.i.'4
tion by a Secretary of State to Itla,listr t,s. Thu •.I,cy
should exercise this power on every occd,icn, Atrtl
that a power which Magistrates did wit .111.1
not to possess; a power so great ought rarely to
exercised ; indeed it was so seldont exercised oleo by
Atomics General, that between Cie years IS. 8

ATTORNEY GENERAL rose to appose
• ,tion,becaue the. Lenard GeLslensan had laid
entis for the production of thisoago. Besides,
„ y,:►te unequal to call kr the production of any
•.one.: id by the Crown for the opinion of itb
of,i„rs. Unless Pailiarnentary grounds were
the House ought nor to ricdatethe confidence

;fen the consul-ter and the consulted. Nothing
iteluce him to violate that confidence, whether
.7 opinion was asked by public Ministers or
I; :vidn:.ls. He denied that the Law Officers of
;. own !lad done soy thing more than the Hon.
-iced Gentleman would have done had he
f those Officers.. They gieen a legal
n when asked far it—if erroneorisly they de-
d contempt ; but they were sworn tisgiee ;heir
i. In honestly s. apcl those *were' moth deceived
0:on;.:1,t that conzenient •Opinions'.'ifeire•etrer
. hear.) • As for liimself..he !triter felt
on giving what was his conscientious
(Hear, kilo.) To lene thihg he had Shade
. end, and it it pleased GOD he would adhere
t,, that was to give_an honest, conscientious,
"ohiassei opinion, when inked for it. (Hear
dr.' think this point of law was, as had been
!. doubtful ; for no person had ever yet-stood
d to dispute in a Court of Justice, that a war-
ont t•r ppreheticliag a mai; before indictment, for
~;,,!;;ng a libel, wag illegal. The opinion of Lord
!me t is, that a Justice of Peace bad the power to
g„rt v. wants to apprehend persons, before indict.
171:. •, .::.used of offeeces winch might be tried at
„.e ()it; t:..r sessions; and no one could doubt that
~to at Quarter Sessions could try for libels.
;!!•:: Lond that opinion confirmed by Subsequent
.1.14; In every case of .115preliete:fon .of persons'
Se,:retary of State's warrant, bail can oily
:-ived by ajdagistrate ; and' be confessed Pat
Is At a loss to understand how a.Magistrate
to bail for an offence, and not.to taus a
for the same offence. The doctrine of Lord
to.d.n, in the case of Rex v. Wilkes, was, that the
:,.:wary of State could not do what a Justice of the
k. Jr.: could do; for although si Secretary of State
ti ht apprehend for treason, he could not for a libel,
%orb the Justice couldEinaesituch as all libels tended
t', excite the persons libelled to commit breaches of
the peace. In support of this doctrine, he quoted
nveral cases, in which persons were committed or
!:iht to bail for publishing libels. There were in,
evicts of writs of Habeas Corpus farina. issued to
bring up persons so apprehended to be bailed ; but
yu instance of Gee writ being issued to fri.the lega-
lity of the arrest for publishing libels: Such also was
the opinion of the present Lord Chancellor, and
Liril Chief Justice of the Court of King's Bench.—
h the Magistrates bad not the power, how could
p-ions hawking about the most blasPheinowi.libels
lee ,:finished ? Unless more sufficient grounds bad
kt:a laid _for the production of this Paper, he Was
cuovinced the House would not accede to the motion
of the Honourable and Learned Gentleman.
Sir WILLIAM BURROUGHS contended that
there war no power given to Justices of Peace to
conttnit persons for blasphemous publications, eithee
before or alter indictment. In support of that opi.
Dion, .quoted the opinions .of many text writerle
eipecially a passage' in I..ird Hale, where he says,
"that whether a Justice of Peace could bind over a
person far a peaat offence below indictment? seemed
to bealoubtlul." He had inquired of many Learned
Gentlemen it they bad known of indictments for
blasphemoni publiiathins. at the Sessions? and Of
lad invariably Slid, they bad-ooes Lord.Corud*
.aid it venulA nisi only be absurd, but illegal, td held
any man to bail for printing and publi:foing libels.
There was nothing 4404 of the text-writers which
could warrant this unconstitutional construction of
the law. There was no power by any Statute given
to Justices of Peace to art en persons for blasphemy.
When the Secretary of State required the exertion of
such powers. by Magistrates, he was guilty of the
rosiest breach of the liberties of the subject.
Mr. H. ADDINGTON trusted no one in the
House would attribute to his Noble relation the in.
nutios of wilfully violating the law. Lord Sidmoutb
relied entirely on the able legal assistance be had de-
rived frpm the Law Officers of the Crown. The
duties the Secretary of State had to perform; had
been arduous, and required great attention; and
anon other duties, he had found it necessary to re-
press. the alarming circulation -of these seditious and
blasphemous publications tending . to disturb the,
rinds of the lower orders. In Consequence of repre- !
natation; of most respectable iudividoals throughout
the country, the advice of the Secretisy of State Wes
required as to puttipg down this spirit of disturbance.
In consequence of that representation his Noble Rela-
tion consulted the Law Officers of the. Crown, and
when he had ascertained from them what the Law
ue the subject was, he thought it his duty to com-
tatnicate it to the Magistrates throughout the coun-
try. He trusted the House would be satisfied with
that explanation.
Mr. COURTENAY—With respect to the conduct
of the Noble Secretary of State, no one would ial-
pte to himalther than a desire to act uprightly ; but
min, he conceived, he would have discharged his duty
better, it he he'd advised the Magistrates to act from
their own judgment, and not have. transmitted them
any opinion at all. He should vote for the motion.
S:r CHARLES fdONCK condemned the practice
of inflaeticing the jurisdiction of the Magistracy, by
isslling the Crown Officers' opinions. As well might.
they propose to direct the Judges of the esseral
Courts, and influence their conduct.
Sir FRANCIS BURDETT contended that it was
the law of the land that no person should be impri.
toned unless by undergoing an examination, and this
P'is particularly necessary in the-case of libel, which
vas not recognized in former times. With respect
tote ribs intormations the danger was great, for the
iafortner was*to swear to a fact which could only be
decided upon by a Jury, under the direction of the
ledge. How could any man undertake to swear
What was or was not libel? In a recent case this had
ed when the person charged was ''acquitted.
Fro" person he should have a.Petitidn.t'? present
tor: ise, which, from the intempciat. SW Of
the ' ',. would contain matter irripurgnitigthe coo-
duct re ills Lordship. AttornepGenceals WtrelikelY
to woke.: at with jealousy by the subjec apt. the land.
'Lls not rt little singular that the Solicitor General
"'" r come to the aid of his Learned Friend. lbs
ilieuce furnished a strong argument against the doe-
th2e ul the Ati.ciacy-General. WAS it ht, he would

asi, that th:. Zecretary of 34:e .-.!iould be allowed to
demand and promulgate tile 'the Law Officers' opi-
nion in opposition to the true constitutional mode of
acting. The House ought to demand from the Se-
cretary of State the grounds upon which the Attor-
ney-General formed his opinion. He had acted ..'no
fairly by that Officer, in laying that opinion before
I the public, stripped of its grounds.
The SOLICI TOR-GENERAL maintained that
the opinion of the Law Officers was sound ; nor had
he heard any argument* to convince bib mind that the
ptoceediogs of the Secretary of State were either
illegal or unconstitutional. In the time of Wilkes it
' was coktended, that the Secretary of State had no
power olcommittini, but that the Magistrates had :
now it.iwits insisted that they had not. The Hon.
andsUattied. Gentleman cited a variety of authorities
•froitiktliisikins, and other Crown Lawyers, to shew
tlia(ljbekikas cognizable by Magistrates, because if
tendril Lo a bicitCh of the peace. He referred to the
'speech of the Noble Lord (Grey), in illustration of
Iris argtiment; but was called to order by
Mr. C. WYNNE, who submitted that it was not,
decorous to refer to any thing which had passed in
another place.

Tile SOLICITOR-GENERAL apologis%l, and
proceeded to support his op nion, with other autho-
rities from the Bts, ks, contending that there was no.
thing in the LAW of Übel to distinguish it from any
other misiemeanour. Toe power of cqinniittal for libel
was undoubted. With respect to libel, it was cog-
nizsble by Justices at Session, Who had authority to
commit, it it tended to- a breach of the peace.
Mr. WYNN—There was no doubt in his mind,
that Magistrates had the power to commit for libel.
'He agreed, however, that the Secretary of State ought
io have done what be did on his own responsibility,
and not on the opinion of the Attorney and Solicitor
General.—On the whole, he should vote against the
motion.

Sir SAMUEL KOMILLY, in reply, animad-
verted upon the indifference which Ministers had
manifested towards the Constitution, by declining to
say a single word on the unconstitutional part of the
question. He insisted that it was always the prac-
tice to give the case with the opinion, as indeed it
was impassible to understand the opinion without it.
He should certainly take the sense of the House on
the first Resolution, but the law question he consi-
dered of infinitely less importance. The instructiop
given by the Secretary of State to Magistrates in the
present Inst.soce, differed materially from the priticiple
of Proclamations, which were only issued to call upon
Magid/tura to enforce the existing law,but never went
so far as to declare the opinion dl GOverornent upon
that law. Whatever authority latices had in this case,
was derived front either the statute or the commission.
By referring to the cases upon this head, it would be
found their authority stood on most questionable
grounds. But how could the circular of Lord Sid-
mouth recommend, in times like these, when poor
people are shut out from almost all other means of
procuring an honest livelihood, the etoorcement of
that clause in the Hawkers' and Pedlars' Act, against
persoosselliog about the country publications, which
might puzzle the country Magistrate as to its exact
meaning and import ? He did not mean to take the
sense of the House generally on the Resolutions;
but he did not think Parliament, although it might
pass to the other orders asf the day, would so far for-
get its character in the eyes of the employ, as to put
a direct negative upon the first resolution.
'fbe Motion was then put, and negatived. •
He dienivoreod his two thweitusens, ea athielstbiaiiass
divided. On toe first—Ayes, 410—Noes !ST—Maks:by, lOC
Tbe second Resolution war negatived: without a *whilst).
Tie Centralise* on tbe• Habeas Corpus Suspension /iii was
powponed ell tomorrow (this day).
Tbe other Orders of the Day were disposed of, and the Howe
adjourned at Ha!tiast One o'Clock.

THE EVENING STAR.

LO N DON.

THURSDAY, AWE 26. 1817.

MICE OF STOCKS THIS DAY AT TWELVE O'CLOCK I
Reduced 741--Consols shot—Console for Opg. Tuff
4 per Cent. 94 95—Navy, sbet.—Bank Long Ann& 19i
India Hoods 91pre.—Itacts. Bills 94. IS& pr.
Alt.%ough the Navy Five per Cetus. are for the present dosed,
_prep:a-wiry to the payment of the Dividend., mach speculation'
le indulged in this Sleek for the time of the first Treader.

In the House of Commons, last night, Sir SASIVIZ
ROMILLY made his promised Motion for the produc-
tion of the Case aa which the Law Officers of the
Crown had given the opinion promulgated by the
cekbrated Circular of Lord Sontourrt—that the
Magistrates of Counties are vested with a power of
committing or holding persons to bail for selling or
publishing Seditious Libels. After a learned dis-
cussion, in which Ministers were, unexpectedly, sup-
ported by Mr. C. Wynn, who concurred in the opi-
nion that Magistrates do pouess this power of corn-
mittAl, the Motion was negatived without a division.
Sir &sum then, in reference to the Circular of this,
Si/CRETAIIIT of STATt, moved, as a Resolution—that

it was prejutfieial to the due administration of justice
for a Minister of tha Crown to interfere with the con-
duct .of Magistrates, 6y instructing them bow they
ought to administer the Laws.—But this also was
negatived by a majority of 157 to 49.
Two important measures for bettering the condi-
tion of Mankind, were last night brought before Par—
liament—Mr. Wit.saarnacis promised motion for
putting down, by some vigorous measures, the abo-
minable traffic in Slaves, which is still carried on
under the Flags of Spain and Portugal, and a Bill,
introduced by Mr. BUYETT, for putting an end to
the employment of Children in Sweeping Chimnies.
A. Petition against this Bill was pie:sewed in the
course of the evening, in which the iSweeping of
Chidsnies by Machinery is said to be Impracticable :
this .is. ‘pon the scientific ate hi'lirhich we
live : as well might the Petitioners pray for the
revival of die cruel practice of our ancestors, who
turned the kitchen spit by means -of that useful ani-
mal the tied, oa. the ground that all our modern

macllifiery f supplying his place *ail
—ThE adatocates fer Dili. liktiitietell iii bath in
and out of Parliament.` are gadded to the Warmest
acknowledgments of their countrymen ; they have
made head for many years against popular prejudice,
and not a few secret combinations, with wonderful
perseverance. They have at lenzoh proved the su-
periority of the Machinery .-er tfa feeble hands of
the diseased and languid chimney-sweeper's appren.
tice ; and all the remaining objections and prejudices
against them are now, we trust, to be repressed by
that uniform conqueror of ignoran:e and prejudice—
a British Act of Parliament.

Parliament. it is expected, will rise in about a fort-
night. The 10th of next month is at present the
time looked to At which the business of the Session
will be concluded.

The Paris Papers of Monday arrived this mor-
ning, but are whuliy barren of intelligence.
Accounts from Bahia, dated 25th of April, have
reached town. They mention that a vessel three days
before had arrived there, after a short passage from
Pernambuco, but without any material news. The
blockade continued. A British vessel, supposed to
be the Venus, of London, had twice made an at-
tempt to enter the port of Pernambuco, and as many
times been warned off by Crrnmodore RUFINO, of tle
Carrasco. She, however, made a third at.empt at
tsi:•ht, and was again cauglit. when she was taken
possession of, and proved to have 400 barrels of gun
powder on board. .l'his is an early speculation, un
less the Brazil Revolution was in some way or other
anticipated in Europe !