The Statesman.
London, England, 1820-02-09 00:00:00

TH STATESMAN.

as adduced by the plaintiff himself, would justify the de-
fendant's conduct, but he (Mr. Serjeant Vaughan) en-
tirely disagreed with that assertion. Lord Coke had
then been attacked, and the opinions of Hale, Huh, and
Hawkins had been cited against him. It had been ea-
'wed that Dalton was no authority, as he refuted him-
self; and the defendant seemed content with impugning
the authorities of the plaintiff rather than producing
any of his own. It was said that hail ought to be required
because the offence of libel was eustra perms, but every
allegation in pleading was the same, for in pleading,
the words ei et semis were always used, and yet his
friend could nut fur a moment contend that that was an
actual breach of the peace. Lambert 132, defines vie
as bring any thing contrary to fee; end &Acton says,
c. 3n, bunk 3. fol. 155, infirm is merely the opposite of
ire, and as to the title being " tic eorome," that was no
argument, for the next chapter was on distress, and
treated under the same head, fir which the reason as-
signed was, that replevin is imptireol into in the King's
Courts. In the YH. 7. Fol. 7. Pl. 7. page 2. the differ-
ence between surety of the peace and for good behaviour
is clearly pointed our, and the Judges all agreed, that
" the peace cannot be broken but by actual affray."
Dalton, tit. Surety for good Behaviour, thitoks that
Brooke must have mistaken sureties fur good behaviour
for sureties for the peace; and Lord Coke observed,
that no person could be committed for this before in-
dictment. The derision in 14 11. ri. c. li, was nut a hasty
decision, as has been asserted, but was deliberately form-
ed after argument ; the justification in that case was,
that by farce of a warrant fur felony, the elan hail been
arrested, which was held bad. Lord Coke said, that a
Magistrate may not issue his warrant for felony, ur sus-
picion of felony, but a constable may accompany the
snsperted person, and if be break the peace arrest him.
The (treat ('barter, which expressly declared that no
man shall be imprisoned, hut by ju.lgootent of his Peers,
was merely a declaration of the law of the land. Haw-
kins says, that a man may be arrested not only for
felony and treason, but even for misdemeanour;
but then he owns that the law was anciently 'other-
wise, and then observes, that the practice had been
so for such a length of time, that it was not now to
be dispottetl-2 Hawk. c 13, A. 15 to In ; and afterwards,
that Justices at Sessions may inquire, acc., bolt then re-
cot 11111 l gots the power of a single Justice to he usual it ith
great tenderness. lu the case of Ilse Queen r. Darby,
Furtesene, 1441, the Atturney-tlemeral did nut contend
for the right to commit, except for examination ; and
Lord ClnefJustice Parker put it Ott that crown! alone,
observitig, that the defendant had acquiesced by enter-
ing into 4 recognisance. There is a great difference
between floe ;lower tof a Secretary of State and a Magis-
trate, fur the Secretary may have the per on up for re-
, examination, even after a ctnumitment, which a .11agis-
trate cannot, and this is justified by state necessity, be-
' sides being the immediate prerogative of the Crown.—
The Learned Serjeant observed, that this was a power
of which their Lordships should he constitutionally jea-
lous, as it tended towards the destruction of the liberty
of the subject and the freedom of the press. That it
had been disused in the reign of his late Majesty fur 31
years, anal yet no harm had arisen to the State kola its
torpidity. rite difference in the two reports of Mr.
Wilkes's case had been alluded to, bnt Inc thought that
the preference was rather to be given to the note of an
eminent lawyer than an anonymous writer, and that at
all events the case was decidedly in his f trout.
Lord thief Justice HALL Ilk question is one of
great importance; first, as affecting the liherty of the
*object ; and nest, the maintenance of peace awl good
order. When un the trial the point arose, which has
siwee beets so ably argued, 1 gave, as noy decided opi-
nion, that the Magistrate had the power to act as he has
done, and that he nut only might, but was actually
bound so to do. 'flue Jary, -however, did not think tit to
adept the law as laid down by use, hut, after a long con-
sultation, informed use, by their foreman, that they
wished to find a special verdict, which they accordingly
did, and on which the Court are now to decide. The
libel has been admitted to border very closely on a sedi-
tious one, which, having a manifest tendency to a breach
of the peace, must be strictly and narrowly watched.
.11thouglo no ;sage eau constitute the law of the land,
bet it is strum; evitleuce of it ; and in this case we have
ad a body of evidence, as to the usage, larger than in
any other case 1 ever remember. It appears by the re-
turn snide to the Court of King's Bench, that 121 persons
have been bailed fur this offence ; and surely, if we con-
sider what persons libellers generally are, we sloth have
great reason to suppose that a tomtit larger tiontiber have
been committed fur want of bail. If this power has
not been resisted for such a length of time as it has
been exercised, he must be a bold mats who would say,
that that power cannot hare been founded on law,
and is Hot law, especially when it has been used, not
as a subterraneous current, but ill open day, and sub
jest to any opposition. The cases of the seven Bishops
and of Mr. Wilkes, were decided on the groomd of privi-
lege, and if there had been a pretence to deny the
power of the Magistrate, it is more than likely that it
would have been resisted in that manner, and not on the
narrow ground it was. It is an extraordinary propo-
sition to say, that a Magistrate may commit fur a
common assault, and not for a libel, which may produce
an aggravated one. The commission gives a power and
jotrisdiction over trespasses, which word has a very go-
neral signification, and has been construed to mean
" libels and such like." Tie authority of Lonl Chief
Justice Hale and Mr. Serjeant Haskins cannot be doubt-
ed. (If the former it was said," what he did not know,
no man ever did ; and what he did know, no man ever
knew so well before, or will know so well after him ;"
and of the latter, I need only state, that his opinions
bare always considerable weight and importance attach-
ed to them. Sir Matthew Hale says, " the doctrine
that a Magistrate cannot arrest, would be destreesive et
lb. peace of the kingdom ;' and I follow that by this,
that a Magistrate is bound to commit in not only actual,
bat expected breaches of the ;ware, which is fully proved
by every day's practice • for we knaw that on information
on oath a person may be arrested and held to hail, if it
be suspected that he is about to tight a duel. My °pi•
nion, therefore, is, that theolefentlant is justified in what
be has done, aril the plaintiffeannot maintain his acting'.
Mr. Justice Pane agreed with the Lord Chief Justice,
observing, that the 34th Faiw. 111. directed Magistrates
to take and arrest any on suspicion of their breaking

t►e peace.
Mr. Justice BUIROI/011, after reading the libels, said,
that the people were interested in the good character of
those who sat on the sacred seat of justice. By their
Commission, the Justices of the Peace are authorized
jointly and severally to keep the peace of the country,
and they mast therefore possess the power of binding
over those who would break it by their actions or their
writings.
Mr. Justice RICIESIIIMION was of the same opinion,
and remarked, that Dalton, c. 170, page 447, laid it
down that "libellers may be bound for their good beha•
viour, because a libel tends to the shedding of blood."
The 1 and 2 Phil. and Mary, c. 13, was to restrain Ma-
gistrates, nut from arresting, but admitting too many to
bail. In 1 Lord Raymond, 65, it was said that the ya♦
tics of the Peace was hound to do all arts necessary to
keep the peace. In itex r. Sheppard, 1 %Vila. 29, the
Attorney-tienend wanted the defendant to put in bail to
appear and answer, and also for his good behaviour in
the mean time, on which the opinion of the Court was
taken, and dui &lewdest did pet is bail to appear sad
answer, and entered islet a rule to give surety for his

stood behaviour. The Learned Judge expressed bis sa-
tisfaction as to the sufficiency of authoritv, and con-
curred with the other Judges.—Vertiict fur the de-
fendant.

POl,l CE.

Maxstost-Ifousz.—A few days ago, two gentlemen,
who bold shares in extensive fisheries in the north, came
to London, for the purpose of claiming the protection ofj
the Chief Magistrate, respecting the non-enforcemeot of
an Act of Parliament, passed the :eith of his late Ma-1
jesty, fur preventing the destruction of the breed of
salmon, and fish of salmon kin'', in the rivers of Eng-
land.
Mr. Mitchelson, the under Water-bailiff (an officer,'
whose duties are distinct from those of the ater-hailiff
I of the city of London), attended at the Mansion-House
I with thole gentlemen, for the purpose of receiving in-
structions from the Lord Mayor, as to the manner of
proceeding upon the complaint, and produced the Act,
which it had been found necessary to pass in itfiS, not-
withstanding the existence of other Acts, which had
been framed for the same purpose.
The complainants stated,that several persons had been
convicted at Berwick, upon the 53d of Ueurge ll 1., cap.
43, of having in their possession kep:ier and shedder
salmon, being unseasonable salmon, commonly called
old salmon. -Those persons were, in default of the pe-
nalty, sentenced to different terms of imprisonment ; :tad
upon all occasions, the Act was rigorously enforced in
that add other parts of the country; but, notwithstand-
ing *is rigorous enforcement, very little had been done
tbozresi putting a stop to the practice of destroying the
fish for which the rivers of the north were once
so celebrated. Salmon had now become exceedingly
scarce, in consequence of the prodigious sale obtained
in the London markets for unseasonable salmon, which
was carried in twat alarming quantities to the Thames,
by smugglers from the northern rivers. The fish con-
, touting spawn, as well as the male salmon of this un-
seasonable kind, was pernicious in the extreme ; and
some eases hail occurred, at no very distant period, of
the loss of human life, in consequence of the use of it.
This result, combined with the serious injury occasioned
by the destruction of the brood, would, it was expected,
When generally known, prevent the public from pur-
chasing an article of food from which ninch danger was
to he apprehended.
Mr. Mitchelson said, he believed there was at that
moment fish of the kind at Billingsgate. lie, however,
was of opinion, that the salesmen were not aware of the
existence of the act; and that it was only necessary to
put them in possession of the circumstance, to prevent
them from giving countenance to the practice. Vast
quantities of kepper and shedder salmon were received
into the London markets at a very low rate, and sold af-
terwards by the fishmongers at an enormous price.
The Loan MAYOR said, he was glad the complaint
was made at a place where the must effectual remedy
could probably be suggested. He immediately directed
Mr. Mitchelson to aids.. any unseasonable salmon he
could find, and to order the attendance of the person in
whose possession it was found.
Mr. Mitchelson soon after came to the Mansion-house,
necoMpanied by one of the salesmen, who placed before
the Lord Mayor three salmons, which were examined,
and declared to he unseasonable and unfit for use. A
great quantity of the same kind had been sold in the
eorly part of the day to the fishmongers of the metro-
polia,w ho derive most unconscionable profits from the re-
tail. For old salmon, the price paid by the fishmongers
at Billssgale ketbreepence aid threeperee-halfpenety
a pound];__ and many of them have been known to sell it
a few hours afterwards, in a time of scarcity, at the rate
of 41.641. ; those who are not in the habit of handling
fish being unable to distinguish between the whole-
some and pernicious fish. The kepper salmon is known
generally by what is called the crooked nose, and the
salmon in spawn is discovered by its swollen and Baggy
appearance. It is estimated that the destruction of one
of these fish in spawn occasions the loss of between
Anl,ollo and 300,01/0 salmon each season.
The Loam MAYOR, upon looking into the Act, said,
that there would probably be some profitable work for
informers and officers, as it hail been determined upon
the fourth clause, that one moiety of the fine inflicted
upon the offender should go to the informer, and the
other to the overseers of the poor of the parish in which
the offence should be committed. This provision would
impose a check upon the fishmongers, particularly as it
authorized any body to make the seizure of the unsea-
sonable fish, and place it in the hands of a constable,
who was authorised and required to take the offender
into custody, and bring him before a Justice of the
county, city, or place, where the offence was estimated,
and where the offender was to be dealt with according to
law. When such a peremptory proceeding was generally
known, those who had derived inch immense an iniqnt-
tous profits from the retail, would probably avoid the
hazard of a conviction, as the injury to their trade from
such an event t be proportioned to the loss they
would inevitably sustain in character. The fine imposed
upon each offence was ten pounds.
Mr. Mitchelson said, the sale of old salmon at Bil-
lingsgate could easily be done away with; but the
dealers in the north, by whom the unseasonable fish was
transmitted, were in the habit of consigning all salmon
in boxes to fishmongers, in which case the salesman had
it not in their power to prevent the public Irons being
imposed upon.
The bone MAYOR said, the Act was most formidable
to such persons. llis Lordship condemned the fish,
and ordered Mr. Mitchelson to horn it at Billingsgate.
After this ceremony was performed, in the presence e
a great munber of fishmongers, Fleet-market and other
markets were searched, hut the matter had got wind,
and nut a Omni of unseasonable salmon was to be
found.

Manutimottou-Sentss. —A youth named /fide.
pigeon-fancier in Seven-dials, noted for rerrecre who
could bring home the winner of a Molesey-hurst fight
within a quarter of an boor, was rhatged by a gentle-
man, named node, with stealing a Right of pigeons,
consisting of forty, from the top of his house, when at
roost. Sawnel bunrtnan, an officer of St. 'files's, on
examining the tops of the houses, traced the thieves from
the top of the house where the prisoner livid, within
three doors of that of the prosecutor, to the pigeon-loft.
and he subsequently discovered that the prisoner was
present at the sale of the pigeons at a shop in Old-street-
road, in company with others not in custody.—ltm
mantled.

HATTON•GARDIN.—Read, jan. belonging to this Of-
fice, arrived yesterday from Northampton, on his re-
turn from Boughton-park, the seat of the Duchess of
linccleugh, where ho was dispatched, on Monday week,
after some villains, who had nearly murdered four of'
her Orace's game-keepers on the night of the 23th ult.—
John Potter, game-keeper to her Orace, was In his lodp,,
in Boughton-part', accompanied by his brother, Joeipi
Potter, J. Shaw, and T. bletcher, three other game-
keepers to her Grace. About twelve o'clock they were
alarmed by the report of a shot fired at some distance,
which they knew to be fired by some ponebers--they
proceeded in order to apprehend them, wk . a party,
'apposed to be 14 or 15 in number, each armed with a
heavy club or pole, rushed oo them, knocked dowa
John roomy and beat him meet anmerelfallit I Usher
of tisk eillans beat Joseph Potter in a dollar asiamee,
whilst ho was straggling with one of the rather%