Star.
London, England, 1817-12-30 00:00:00

but twelve men indifferently taken, who would have
a naturalleaoing in favour of liberty, he had. if in-
nocent, no reason to tear for the event. He had
never heard m• re monstrous doctrines than those
which, during the late trials, had been attempted to
be turned by the lawyers Against the libtolty of the
subject. None of these, however, was more glaring
titan the construct on put upon Ur. Fox's Libel Act,
which prote-sedly supported the liberty of the press.
.-The Learned Judges attempted a constractiou
v. cti was in direct opposition to the object for Which
' Jii
it was framed; for according to them, the Judge oo
the Bench tad a right to act as Foreman of theJury,'
and deliver his ,iwn verdict first.-(Beer, hear);-,
and this with all due theatrical soleatnity—the hand
'upon the heart -at least the hind where the heart
should be, and under the pompous solemnity of an
oath of office; did this too, with all the agerevations
and exaggerations of the importance of the ease at
issue—before the Jury opened their mouths, or even
bad an opportunity of tormicg their own conscien-
tious opinion upon the subject. Now this. could not
be the true construction of Mr. Fox's Act ; for it it
were, the King's subjects were in a worse situation
than they were before the passing of the Act. • It
:was said that the Judge should give his opinion to
the Jury ei in other cases. Now, if that were so, he
would ask, whether the Judge ever did give his opi.
Dion in this manner in any other case (4plahnue) I
Di 4 he not give his opinion with caution and dia.
dance, begging the Jury to attend to the evidence,
sad to lean to the innocence of the accused t But
Mi. Hone and an honest Jury had put the right con-
struction upon the Act, and they happened to put
a very different constrtntion upon it, from that of the
Learned Judge. They could not be remand out of
their own plain unsophisticated opinion, and con-
- forming to ihe genuine principles of the Law of Eng.
land. as well as of' common sense, they could not
'find a man guilty, who had no intention to commit
offence. The intention was the graveness of the
'charge, and unless the intention was corrupt. there
-could be no guilt. The fact, however. was. that be
never knew a lawyer able to form a common-seise
idol upon the subject of the law of libel. Unfortu-
nately there was no settled aria defined law upon the
subject ; and. indeed, so. uncertain was the law of
.libel; that a man could hardly be able to tell, in nine
iostanees out of ten, when he hid or had not written
',libel. Nay. it might happen, a man who set out
with an avowed intention of writing a libel, might
ifaileolliis object, though be meant to break the law.
There wale cases in worth a man would be justifiable
in writing a libel ; for instance, where the eject wait
torawuke his countrymen to a sense of some dange-
rous inroads upon their liberty. Such might =fairly
be called an &must libel; but whether it might be
veiled se or not, there was no certain rule of law ap.
plicoble to offences of this description. All other
of in the criminal code of the country had
some technical name by whicli they were respectively
&sewn and defined. The plainest understanding
Mudd comprehend the meaning of burglatt murder,
lat.-affeases which were known to the common law
103ellend. ; Mut there was no knowing what a libel
• HIEOSE: Is warms offence which carried with is the
*ache sip 'riga—namely. as the Weenies-6f the
Star Chamber, blooded upon remnants of the Civil .
logo. 'dads was contrary to the poi . --/Imi of the
SamPelhlbsiattauti. Yet it was most upheld lei them
minepreteneled that their anxiety was, that the law
olifingland should net be changed. , The penalties,
to inflicted seder this law were more severs than
them for almost any offence ter- which the pain of
deeds was not aliard. The punishment might fall
mi.& was, perhaps. of the most virtuous intentions;
Sew sate. oh a man who did not blew' that he
• vat offending. Libel was really any thing which
the Law-Of caysef the Crown could pentad* twelve
men; picked aid chose by the Master of the Crow-
n to believe to be un offence against his Mei
krays Ministers. While they had the old Jury List.
the Officers of the Crown said, that they should be
eaten indifferestly—oh I nothing could be more im•
. pietiaL; As his Friend (the late Mr. Horne Tooke)
HOW to'say, it was as if they offered a man a basket
strutter swaps, and told him he might take his
cheic*—(e laigh).—They gave a rotten list, and
Oen that they were taken -indifferently. But now,
that the list walreformed. the Judges boldly assert-
ed thiUbe Master of the Crowh-Office bad the right
te-Piekniad cull them st plintire. -I'his was a mon-
*Weds doctrine, and it was aotstrite feared it would
adore. But Mem of shis.plan of picking and culling,
they could no; find out of a large and impartial list
men who would be found to submit their consciences
to the'direction-of the Law Officers of the Crown.-
34r. Hone had been acquitted ; but it was not to be
therefore supposed that he had incurred no danger.
His head had been in the lion's mouth, though he
happened to get it out again. Since he bad ran such
risks, from no fault of his own—since be had borne
himself so nobly through his difficulties, it was the
duty Of his country to put him in such a situation,
that be should not look back It his conduct with re.
fret. It wus unnecissuy for him to say more, though
It was • subject on which eli tongues' milbt be
wearied-etetterresthausted it. I'lleprossnee of-thsr
Meeting sufficiently ,marked their feelings.—(The
Honoemble Baronet's speech was received with great
applause).
. ~ Alderman THORPE declared his unwillingness to
offer himself to psbl'c notice on any • occasion, bap
when calledepon to perform an important poll*
duty., he should rather be thought obtrusive than
selection. Therefore he had Do hesitation to second
eireelotioa, which had been so ably supported by the
nimbi Baronet who preceded bias. It was impor
UM., -is his, judgment, for any Englishman not to
ogeit jok the issue of r. Hone's trials, and in-the
aeon* aware 6 which that meriterieu,s individuall
• i bed seadatted. himself throughout—for while that
elteditifirefbated * most itHlMEing example of the
remir itingb42is EaSlishathilitbo usoU afforded
vaagiagoruiet seaiemeny of the vale. of the Sal
44, Sags "stab addidosslosiVirr the Lreert? of
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sigio of die T • *Nib midi the Li.
Pro P—fer ; • Ibis jeuluilit pa.,
44
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