The Statesman.
London, England, 1812-12-12 00:00:00

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'ATFAMAN.

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mpoviejikimmonormignlPENE"..riNglea
MR. LO PELL'S ADDRESS

TO THE PUBLIC.

The Proprietor of this Journal, yielding to the
repeated and earnest request of numerous friemis,
ventures to call the attention of thu Public to'llie

privations he is still doomed to sailer, by the recent
sentence of the Court of Kings Reach. Heis fully.
aware of the delicacy of the task he thus feels him-
self imperiotosly called upon to undertake. It is f►r
free.; being oaf pleasure to him to be obliged to speak
• of hiessetf, nod It shall be his portiellar endeavour
to *event any Supposed feeling of resentment, or of
self-partiality, froth disfiguring a narrative, dawn
vpinore with a view to defend the liberty of the
press, than from any motives personal to himself.—
. nose who know him, and those whose good °pi-
llion he is anxious to deserve, will neither take his
Character from the sentence of the Court, nor from

the harsh and unfounded imputations of the Sown-
foa-GENEn ti . To such, therefore, the only de-
fence he shall attempt to offer, will he a series of
facts, accompanied with such reflections as may ap-
pearpecessary, toenahle the Public to form a clear and
correct opinion on the 'chole bearings of his case.
To drop the style of the third person, and speak in
the first—the publication, which is the cause of my

present imprisonment, had, I cotifeee,in its composi-
tion, what I fully admit to be a criminal ingredient in
libel-I mean falsekood. I place this acknowledg-
ment in the front, because it comprises all the guilt
with which I can, in justice, be charged, and which
has brought upon me an almost unprecedented seve.
rity of punishment. The Public are already aware,
that on the 19th of last March, an article appeared
In the SraTesmae, signed HONESTUS, imputing to
the Transport Board gross and fraudulent miscon.
duct in their manner of Managing the funds appro.
printed to the maintenance of Prisoners of War.—
Of the insertion of that article, I was perfectly ig-
norant. I had er;aged an Editor to superintend the
Press, and I considered his judgment and integrity,
as good, securities for a judicious and safe selection
•of articles. It was not, however, till the 14th of
April, that I had any knowledge whatever of that
. publication, when it was put into my hands, toge.
tber with a manuscript answer to it, signed a FRIEND
TO Tetley, dated the 25th of March, from Oak-
hampton. On this unhappy discovery, to say
the I was overpowered by a mingled feeling of
sorrow and indignation, is but a feeble description of
the distracted state of my mind at that moment. I
immediately gave orders for the instant publication
of the contradictory statement. I offered a reward
for the discovery of IL:mutts. I addressed a Let.
'ter to the Transport Board, in which I made use of
the sincerest expressions of regret and sorrow, for
having been made the unintentional instrument of
4, traducing their character; and I offered to make
them any further atonement in my power. I did
more. I felt it to be most respectful to the Board

to offer no defence, but to suffer judgment by de-
__

fault, to convince them that my sole reliance was
__placed on their justice and humanity. I could not
possibly recal the publication, but I destroyed the
'effects of its poison by an explicit confession of
error, and a •speedy dissemination of truth. These
points, which it was expected would plead power.
fully in mitigation of punishment, the eloquent and
enlightened Advocate whom I retained did not for-
get to urge, in a speech addressed to the Court,
full of just views, of strong reasoning, rind deliver-
ed with admirable feeling. But though it was to
little purpose he struggled to lessen my mis.
fortunes—yet his labours will not go unre-
warded. As a Lawyer and a Statesman, Mr.
Buovertam is now hailed, and will be long re-
membered by Englishmen, as the ornament of the
Bar and the pride of his country. Sir W. GaRROW,
however, could perceive no circumstances of mitiga-
tion in my case. Though three reputable persons had
made affidavits of my ignorance of the publication till
the 14th of April, mid though the Doctor had also
made affidavit of the very prehrious and declining.
state of my health, the SOLICITOR-GENERAL over.
looking, or entirely disregarding these unquestionable I
testimonies, struck. off inks hi.- favourite inter.
rogatory
,style, in the following extraordinary
manner:—" Was it to be believed, that a per.
son in Newgate should not see his own Paper,
when that . Paper was not only pnlilished ip
London, but in Fleet-street, close by the Prison of
Iceagite ? —Would not such an assertion astonish a
foreigner ? But how much more surprized would he be
to hear it produced as evidence in this Court ?—The
circumstances of the Defendant were likewise to be
considered. Ile is the Proprietor of this Paper,
and has found to his experience that a News-
paper: Is. ii dangerous machine. Ile has al-
ready had several explosions ; but he has ern-
Plnynd another—and he hes caused another ex-
plosion. find out Hosresrus, sa, • he, I am
innocent. I only gave him my machine.—And is a
public Libeller, now in Newgate, to use suet an ar-
gument?" All
nthis was said by Sir W. CAnaow,
after he had declared, " that ha had not any desire,
in calling on their Lordships. for. judgment, to out-:
strip tie line of mercy." This was Sir VITII.LIAIes
first and maiden effort in official warfare ; and if he
thoeght such an address calculated to move the corn.
passion of the Court, he must have entertained
singular opinion of their Lordships' tasteand feelings;
for it would be difficult for an inexorable enemy to
penceies any harangue more likely to provoke re.

r 11
it

sentmeut, or call down on the head of. oecused , geed reason why they should be doubted, the De-
the heaviest vengeance of the law. ' Tlni ?Pan who 1 f!ndent's ignorance of the insertion of Mitt libel,
expresses a wish favourable to mercy, and, at the
; and of course of the injury done to the Trans.is completely established. Newt
same time, employs the whole scope of his arguments Lords, Trans-
port o"rd,
• i.l my let us see what sort of ,atonement
:aid ' rea coning to aggi teat. the imputed offence, 01
of to be makes for this injury, done solely by the
Lave;o'clalm to any credit for the sincerity
feeling which his own langeago clearly proves he il negligence .of others, to the honourable charnc-
apprised of the insertion of the
could not possess. Hut, perhap, in making
his oil}. I ter of these Commissioners. The very first me_
cial debut,, he was hurried away by the force of a . enent he is - libel,
new-born zeal, beyond the limits he had
previously i he condemns the conduct of the Editor and
prescribed to himstlf: Making every possible allow-
-1 Printer in the bitterest language of reproach, from a
,
: supposition, suggested .by the unexpected and alarm-
' ance.for this sort of defence, it was sorely not too i . ..
; ing discovery, that they had conspired together to
much to expect, that whatever course Ids feelings ;
complete his total ruin. He expresses himself in the
, might take, and however imperious his duty, he ,
strongest terms et regret and contrition, for the titan-
' ought, at least, in the selection. of topics, to have
. I dalous end unfounded attack made on the character
confined himself to truth. 'There are not wanting
! of the Board, the sincerity of which can scarcely be
advocates enough to applaud zeal even is a bad cause;
but where is the man who will openly and boldly ,uq estioned, when we advert to his painful recollec-
;
1 tion of past sufferings, and to his consciousness that
justify deliberate falsehood, employed to Injure the 4
,thin
libel would, in all probability, lead to their pro-
onferttinate. It is not true, " that by living in 1
traded duration. He orders the refutation of the
Newgate, I must necessarily have seen my Paper of ; libel to be instantly in'serted—he offers a reward for
the 19th of March, before the 11th of April, be- 1
the discoiery of the writer—and he addresses a letter
I cause published in Fleet-street." In addition to !
to. the Beard, stating his ignorance of the libellous
I three affidavits, pointedly and distinctly-affirming i
the contrary, I can Italy assert, that since-any inn-
-1 publk.a.tiion, the distressing hardships of his case, and
his readiness to make ill the atonement in his power.
prisonnient, my health has so materially declined—
-1
My
Lords, neat to doing a good action, is a speedy
unceasing
and corroding anxieties of mind, coupled I
I and sincere reparation for a bad one : and here •
with long and close confinement, have mule inch i
inroads ou my constitution, that there are 'days (and
troth and candour compel me to acknowledge, that
those too of frequent recurrence) when I can neither I know of no step in the way of atonement, which it
peruse my own Paper, nor any other. And what is was in this Defendant's power to take, and which'
there in all this to astonish a foreigner, or even Sir the severest justice could demand at his hands, that
he has not taken, and that too with promptitude.—
I Wicta'Asr Gannow himself? It isnot many months,
Indeed, I confess, had it even been referred to myself
since that Learned Gentleman -Was, for a consider-
to dictate the terms of' submission, and to suggest the
able time, confined to his house, by severe iodispo-
kind of atonement to be mania fo the Commissioners for
• sition ; and, during his illness, it was reported,, and
this libel—high as I hold their honour', and much as
believed, he could neither read papers, nor study
I respect their character, I tonic' not possibly have
briefs. If he then, with all the advantages of sepe-
asked more than has been thus voluntarily Offered by
rior accommodation-L-with. all the comforts (which
the Defendant himself. In forming*. correct esti-
domestic attentions can procure, and with the local-
mate of human actions, the distinction betweeielegal 1
culable benefit of a pure air, was nevertheless re-
duced to such a condition, what is there wonderful and moral guilt, Must never be overlooked—the law,
very properly, makes the principal responsible for the
in my case, pent up as I have so long been in a tingle
misconduct of his agents; but; As in the case of this
room, cut off from the enjoyment of many friendly
Defendant, where there is no criminal participation
offices, and inhaling at every breath, if not a faint-
in, or even knowledge of, the o'e/seer there -is no
ed, at least a gross and unhealthy, atmosphere. /t
resisting his claims to compassion, and I sin sure the i
is not true " that I lent HONZSTUS my machine;"
Court, in passing judgment, will nottherefore 66 Out- I
and in the face of my affidavits to give such a torn to
I
the subject, if not base, was shameful and .unmanly. strip mercy." My Lords, in the discharge of my
nfficial duty, I have most attentively examined the
The veracity of every man Sou -character is deputed, and the So-
character of those libels, for which this Defendant ,
CITOR.GENERAL makes no scruple to substitute his
hits already suffered two years' imprisonment in
own silly and unprincipled conjectures for the facts
Newgate. Neither of the two, I observe, were the!
established by testimony, giren on oath. But that ,
te" The
Learned Gentleman, is not the only person who has original • oublications of the Savres 'st • first
indulged in a little conjecture on this unfortunate was literally copied from a Morning Paper, called
I affair. There have also been conjectures on the other the Day; and the other had been previously inserted
I side of the question ; and, however unfouuded, they in two Manchester Journals. Now, however reprise
' cannot possibly be more so, than these just lionoible his conduct in the re-publication of thesel
libels has been deemed—yet, by their having bees
noticed. It has been repeatedly insinuated to me,
the productions of other men, he stands at least ex.
as the opinion of certain parties, that if ever Ho-
empted from the imputation of malicious motive,. and
NE3TI'S was discovered, he would be found on the
' list of Ministerial myrmidons, who knowing that this part of his case, should not, therefore, operate
rthe -
expiration of my imprisonment was fast Bp-
to weaken that sympathy, which his present con.
! I dition is every way so powerfully calculated to
proaching, and being well aware, not only of the state
lof my health, but of the cares and anxieties which excite. In a word, my Lords, thotigh standing here
as SOLICITOR-GENERAL for the Crown, I have no,
occupied and distracted my mind, reckoned on ten-
hesitation in saying, that severity of punishment, in
daring his employers a signal service, by accomplish-
! cases where misfortune is more conspicuous than
ing the publication of his letter. If' this could be
crime, is not the best security for a willing seismic-
supposed probable, certainly the time chosen for the .on to law.—No, my Lords; law, to command uni-
t experiment was in the highest degree favourable ;
m
1 for being then unable to pay any thing like constant versal respect and cheerful obedience, must here
weigh justice in the balance of mercy, and appor.
attention to my own affairs, the production of a
.
tune with scrupulous tenderness, punishment to
; pretended, bat flaming patriot, would require for in-
; sertion no other facilities than reputable composition,
and a little negligence on the part of those I employ. What Sir WILL: tat may think of this speech, I
,ed to inspect the press. Time, the great interpreter know not, nor is it material to enquire. Of one
lof doubtful events, who brings to light many -hidden thing, however, I am quite certain, and that is—if
, secrets, may, on some future day, reveal the mystery. he place the slightest reliance on truth for promotion
lln the mean time I will not imitate the conduct of to the Bench, this speech might make him a Judge—
the SoraciToe-GENERAL—iii the absence of all proof ii his own never will. Having thus dismissed the So-
-1
I wilt not impute guilt even to my known enemies, 1 evcrroa-Geatenaz, I must claim the Reader's atten-
dnor will 'I take the mere conjectures of any man, t don to the sentence, and leave him to decide for
however keen his discernment, as equivalent to' himself, whether it has, or has not, "
.outstript
truth.—lf Sir WILLIAM GARROW had been realty I nterty."--.---To enable hint to form some opinion on
desirous that the Court, in passing judgment upon i the probable influence of Ministerial partialities on
me, should not 66 outstrip the line of mercy," he !sentences for Libel, I hare to notice the case of the
might have effected men a purpose, In perkte eon4l:l7ltor -a the Doi. This gentleman is far from
sibtency with the honest and faithful discharge of I being unfriendly CO Ministerial politics, and from
his public duty. He might, with perfect truth and his Paper I copied theJLibelzespecting4ir FRANCIS
confidence, have addressed their Lordships in ! Bonnet-es committal to the Tower. lie was gen.
! the following language. My Lords, on the attoci- 1 tenced toTwelveMonths' impris'onment lathe King's
cious nature of the libel for which the Defendant is i Bench, and was permitted, during that ptiriod, to
brought here to receive judinent, there cannot, 1 lite within the Rules .et the Prison.--1 was
1 among impartial men, he two opinions ; but, as the I sentenced to ONE TEAR'S imprisonment in NENTGATT,
Defendant has himself characterised it in aliening 4 and, at the expiration of that time, to find security
terms of reprobation as language can command, I for my good behaviour, in the sum or 10001. for
shall not press that point further on your Lordship? ; THREE TEARS. One of the Peitors•of the Manches-
attention. Undoubtedly, proprietors of News-1 ter Journals, who had first published the libel on the
pupers must be taught by example the danger of not ex- : Tax Commissioners, o hid; was, afters ards inserted
ercisiug a scrupulous and unceasing attention to every I in the STATES/11V, was a thorough-paced disciple of
article intended' for insertion, which can be construed the Morning Post, and was never called upon at all,
injurious to the honour and reputation of either pub- nor in any manner pnnishea —I wan ageiii sentenced
;lie or private individuals. Without, however, wish. to ONE YEAR'S tweetstr:mesyr in NewoAvz, to COM.
,mg to weaken the necessary and salutary restraints menu after the first year had expired, and to find
H;of law, I feel it due to truth, to any own character, 1 security fOr my good behaviour in the sum of 10001.
land to the justice !of the Court, to submit to• your: for mice TEARS. Rut there is a case on record, .......---
Lordships' consideration the favourable circumstances that, above all others, deserve; particular attention.o reinter,'
which distiognish this Defendant's case, We have During the short administration of Mr. Fox (that ex- teucy at Cadiz, with a met 700. r 11 ,
le ...ea
of Video, is stated to ha beep
had three affidavits to prove that he knew nothing of eellent man, whose rare enclownments and transcend- the garrison Monte her voyage 4
wrecked about the end of August, on
The St. Salvador, which wassteicwit out by the..)....
the insertion of the libel till the 11th of April ; and ant Waists supplied the title to this Paper) there
what seems strongly to countenance the truth of was only one Ex-officio Information filed, andatb _
The lima* brigade is expected rat Dottrel t°
li 'l. no
these affidavits is, the one from his-physician, Touch- that 4as against the most- vile and anprincipt, ' embark immediately. Six troops of the
the river,. with the loss of upeards of SOO me:"
ing for his ill state of health. So far, then, if these • Journal, that was either then, or is at this time, in that neighbourhood, hue received their "de's'
affidailts are to be crectited. and I palm 4 see no robil. An expedition win, 4togg oil: and4arlng 4 .A. 01 to etabaik as gees es possible.ate..,

Iwlicked.y":l
ffooruirtisdadteipoanrti
nu rter,utthh,
the
withoutpreparations tiiclast c. ornlntp r,,,
maliciously asserted, tl at the ships in wl I t
itc tae so
diers were to be conveyed to their dent' •
[nation we
not sea-worthy, and that, therefore, the lives oft!
men would be exposed to the most imminent dange
Here was, indeed, an incitement to mutiny with
vengeance! Such a libel as this had never hero,
come from the English press ; and Sir Azte.tert p„
nor; the then Attorney-General, with all Ilia wet
known regard for the constitufioral rights of
people, felt himself compelled, by a strong „
of duty, to file an information er-njirie ag.•
the Publisher of the Morning Post. And whet,,,
done in this extraordinary case of deliberate,
and diabolical libel ? Why, the Ministry were cop.
after dissolved, and Sir Vtc.tey GIRES having su,
seeded Sir ARTHUR PIGGOTT as Attorney.Conera
from motives of humanity to a pliant and irosione
tool of the new Administration, so far from punish
ing him at all, entered a roliprasequi upon his pi
decessor's information. Lot this case be contrastet
with mine, and then let it be recollected, that I ara
sentenced to pay a FINE to the KING of 5001—to
be IMPRISONED in NEWGATE for ONE YEAR IND A
UAL?, ancrthen to enter into recognizances to keep
the PEACE for THREE YEAIIS, MYSELF in 10001
1 and Two SURETIES in 5001. each. Here I close_
it can be no Libel to say, that from the judgment of
the Court there is still an appeal to the lodgment
of the Public, and to the latter tribunal I re.
spectfully- leave the neat decision of the whole
.
case. •LI the mean time I shall bow to my fate,
consoled and cheered- with the reflection, that
misfortune without crime, cannot make me wretch-
ed. In the future management of the STATE!.
MAN, I can venture to premise, no compromise will
be made with power—co principle will be sacrificed
—nor any abatement of zeal in the public cause ever
disgrace our columns. May the just and constitu.
tional Freedom of the Press be restored and reenta.
blished, and may the LI 'berfics of Englishmen be It-
mortal.