The Statesman.
London, England, 1820-08-05 00:00:00

ttTr_

lAItAMAN.

orsee. whither the erns- ter part of them aeecompanledltim in
'• e bartmeile. Tilley returned in the saute motor in which
they art out. Dere ended the atee•intr. col the neat oia,) •
deputation waited upon Sir U. 14 okelev to inform him of the
oessolt. and inauee bin, to uneertuar the office of Legislatorial
Attorney. Torte pompom. would have been then completed.
Tar Learned Cuunsel rouses:mai to I Norm:sing a hope of
being able to prove every stateleant as lath hr iota made. sod
then he tild not entertain a tioroin ut the result.
The Leerneri Seeley's( then proceeded to call witnesses,
ado clearly proved all the alleged feels.
Mr. DENMAN theft rocs to, address the Jury on Iwbalf
tit Alesars. Ed is wool Maoloiste. This was a ruse
which called on the Jury, as men exercising• a great
pishiii• fluty—the greatest next to that of a representa-
tive or the people—to hood to, the eircithistances of it
their most enlist and inthinesed consideration. Ile could
have wished that hie learned friend had alootaitio•ol from
the prelituinary observatiossa in which he had indulged.
Ile (3lr. Detwomo) was hot ow are how the observation's
of the Learned ti. rjeantovitll respect to what had pus, •
in the former p sr! of the day with reference to the Spe-
cial ,1:117. Colitis! he alluded to in couneetian with the
merit, of tire present rase. except Anne ft.r the purpose
of raising' a prejeoliee in the minds of the Jere, and di-
verting then, from the sassoLisleration tit the tto•rits theist-
selves. Hut he would tahr it sioosti him to say, that the
oh. Ousts of the LeArsseil Serje.snt were nut either
reasonable or conformal& to the ends of impartial jus-
tice. What ! to : ,!li of j olestiltory warfare carried on
against the roma toy th.• olefe:.-arois —notloina that had
passed warranted the Le reed I fentleitean in his remarks.
On the contrary. he (Ut. D.) would ever us: i i ;;; Mu, that
if the manors a tibias secitroel to defendants, in eases of
indictment an impartial trial ohne to he held as sacred,
au coarse which a Coolissel rould take was snore aosalolinsts
to their spirit. or Inure calculated to Ciye Odell to the
intentions in which they origianteol, than a s rim.
jealous, senttinizing attention to the conduct of the
Muter of the King's Wesel,. the Sheriffs of the counts..
and all Ilse other officers ItliVill4 any influence in the no-
unitarians of Spe.aal Juries. 11'ilA it not competent,'
therefore, to the dere:Ascots or any of than to urge, in '
the beat Milliner they were able, the belief winds thew
entertained Oast they wools' not • stain a fair trial in
esmaeoptetice of the remitter in which the Join' had brew
assembled ? and when rimy had sn ureesi their justi'.ble
apprelsetssiome, were the Jury to he told by the Learned
Serjeant or matters that occurred a year ago?—where
they to Lace pretttiel ,Winn their attention the imputation
against the siefets.!an!f, that .a cos tact made necessary
by what the:. considered their duty to themselves, was
only a desultory oyarfare against the Court ? lint be
should maintaiii that the Court would have been guilty
of a olerehe,ion of its daft.—it would not he fit to be
trusted with the atiministratio s of.jtistiee. if it did not
skew that willingness to attend to the observations of
the defendants, which his lainielolp on the -Bench had
manifested that day. Ile owned candidly that he had
witnessed in Nee various proseentione rerently set on
foot by Dovernmant, an oinbeomming anxiety to procure
a Yerofivt sof estillty :leanest the defendants. After the
speech of his Learned Friend (Alr. Vaughan), and the
evidence which had heel' toenailt forward to support its
allegations, the Jars' would be, no doubt, surprised to I
hear, that the indictment was of such magnititde '
as that the reading of it wouhl °croupy as much
time as the reading of the 'fele of the evidence which
they had heard that day. It comprised asinitifari tttt s
matter, IltlentllleCted with the subj.-et of the immediate
charge aeainst the defendants; it ...ordained the greatest
variety of ellarges, atoll teas urn in the greatest variety
of answers—but defying in :demo every line, the human
understanding to coaropreloom I its import. There were
tint less than nine coital. —fist eao•li of which the defer'.
davits plea.leti nut guilty. The principal charge, how-
-1 ever, was that of a conspirary 'floe Lesroied Serjeaut
had laid down as a prineiple, wills great propriety and
troole, bon subject fos some lilic eion —that in a rase
I of conspiracy. the Suet of all the defendant: was to
be received in evidence against each. 11 0 smelt a
charge should lie bromeist forward at all, with full infor.
ta 'lion of thr so One.• of the ea a,luet of the defendants,
before the Learn. i Prasecoeor, was a siihjeet of sleep
complaint, lowans.. it osilst lee,hewn float the sofe:l4,
with which eatas individual respeetively stoma elairge.l,
might he committed by rich ilsolividnally. without la-
vulrine the guilt of any general concert between tht•as.
The charge was, that the Defendants had done soo and
so, fur the purpose of o•steiting olisatfertion to the lluvern-
oven and sit the Constitolion of the Comissuis
!louse of Parli.msent. Was nut this going far onotigh?
Why erect it into conspiracy ? Ile did not mean to say
that the charge of a conspiroey elsortiol nut be brought
forward, when a clear and intik/listable aeries of fouls
suggested the propriety of prootacing such a charge.
lint be would ask, was not every art of the individuals
charged with ronspir.try as proved in evidence, totally
inconsistent with any surto view - The trails wee, that
the acrusation was extendtel Ist a conspiracy for the bare
rapine or giving to the prosecutor that great buts ins,
streams advent:see aver the olefenolants—yrovoled itresl '
by the lair, contrary as it wee iii must instances practi-1
rally to the spirit u( lair: namely, of being able to pro.
duce the evidence of the a stilt of •everal.persons to sup-
port a charge against "41'1," said one. "41'1, LOlti the lwarned I
kerjeant, " the act of one is the at t of all." Yes, sit it i
was, IMO not until the coarpirley, the general cotio•ert
between the parties, was tiro saii•loctorily eattololished.
Now, be words' entrrat of the .1 tory to examine moore
minutely this position of his ',earnest Friend. Im..hily
during the present proweeoli ut s• it was in their power to
observe a practical illustration or the falsrlitstod of this
principle, fur upon the present accasinn, there was be'
(Mr. I).) reprearating two defendants; his Learned I
Friend, .Hr. 11111 for another ; and the rest of the olefen-
tient* all engaged in a co ttttttt ni object, namely, to obtain
a verdis•t of Not Gotilty. Ver the Jury would see, in the 1
course of the prerreilitsgs, that Ilse mete and sentiments
of one part or the Defend:soots were totally at varlets*
with those of another part; No that here was an instanda
directly in point, sliming that a common object being
in the contemplation of a her of persons did not
necessarily ensure the rertainty of a community of sen-
timent and art., in the exertition of their general design.
Bat where wds the eistionon &slot which was charged
upon the derrnitAnts: ilk learned Friend hail triumphant-
ly told the Jury. that they would tint! 110 difficulty in sa-
tisfying themselves as to a comemou oleNign being cuter-,
tabled by the !Mend:tuts. " 11l prove (ash' he) that
they had met to ether, and l*!1 slum. put they had a
estionion design; anal next I'll slimy th st they had Canis
a part in also active exeroition at' this I'lltllition design."
Mut where had he shown this ? Where bad be dwell
this sort of design ? Where were his proofs of a secret,
Clark, and litrkina confederacy ?
_Where were there
or., of their -scentm r eetings None had been
brought forward. Ile begged here ts, reoroest the at-
11111dOU of the Jury to the condition in which Isis clients
alluire. Maddox and Edmonds, hail been placed by the
Illralle of the evidence. The proof against the heat
peatiusted to this—that he paid a visit to Major Cart-
ght in the morning after his arrival at Birmingham,
that be rem:time{ with the Slajor full two minutes.
th respect to Palutionols, he, too was proved to he with
r jor artoright but a few initiates. Such thrit was
Ike fall velar of the evidence by which the Learned ker-
tet promised he 410041 slaw the elosetting of the psr-
s. Os Moisilar the I-2th, it was not proved that glad-
aolt was at the house where the Major resides at 111-4114.
landlord expressly will he had not the iesat,reeeneation
of Nlatlolnx tieing there at all—he was not seen at New
Uall Miil—he WAS not wren in the bgrotielie. In ikon,

for a strange and Int Herons exhibition. Was the &ee-
l• of a Slaver of Unmet a ceremony that was
.a inn-
ally performed, and which, by the way, was install:eel
its order to respite S;r J. Dunstan for the pie Ige watch
he had given to the inhabitants, that he would l ro tare
them a manufacture for asparagus—was this rlecttun
calculated to subvert the kingly dignity, or intege.ty of
Parliament F Wei+ the annual elections of two Af.:ei.
hers to serve for Eye, in Devonshire the mole of which
hr could not then rcolain—was this an infringen e ,t on
the Constitution of the realm, or an overt act of ilk-
affection ? Nobody would ever think of takiog riovs
notice of such things; and why then should ti e ludi-
crous farce at Ilirtninghtun be excepted, and st a r flee
unworthy object of grave denunciation ? lie then
made some alliisions to the state of the Ilonse
moos, by whirls the Bill of Pains and Penalti .s cum
before the House of Lords would be decided ; an I ear -
chided by observing that he had spoken aerortlin;:•. ; his
feelings and lila conscience, and if he had surrey .ed in
iuipartiag the convictions with which his mind nk,
tided, he could not doubt fur a moment of the arquitt.:l
of his clients.

there was not a tittle of evidence affecting this person at
all. The accusation of a conspiracy might, with some
propriety, he enraged against persons who employed
theism-11es in deliberating together for a length of time.
and from whom sonic act had emanated proving to any
reasonphle mind the existence of a conspiracy amongst
Nem. But where was the apclogv for pressing such a
charge against the leaders of a Political meeting, con-
ducted in the manner in which that at Birmingham had
been carried on ? The leaders, six dass before the
meeting. snit a proper notice to the Clerls of the Peace,
in which they stated the ohject of the meeting. Was
this like a conspiracy ? The worths of the letter weer,
that a meeting it as intended to be held at the place
mentioned fur the purpose of tatting into consideration
the best means of bringing about a Reform of the
Commons Rouse of Parliament. The object us thus set
forth, was perfectly keel. The letter ~aid not a word
about the election of a Member of ('arliamiit, or that of
a Legislatorial Attorney. Then-foie, to Ins mind, these
circumstances Earned the conviction that no conspiracy
was eteertaiutal by the parties from whom it emanated.
The Jury would hear 111 illitlit that thee were to dis-
charge from their consideration every thing that had
been dame after the Hirt-tint!. lie wished to press upon
their attention that the charge of conspiracy Kase to
the pr isectiturs the advantage of fixing the cri- •
usinaitty of the dhfendants
on each of theism ;
anal hence it was an evreeilingly pretlent ins. ie of pro-
reeding. although it eas any thing• het Car sir con-
fornial.!e to justice. Ili-, le,rnesl Friemi had said. that
the Defendants, at the meeting., n•:stoned, and exceeded
ludeed. the Royal nothoritv. There he %%fluid beg
leave to state, in answer to the Learned Ss•rjeant's re-
mark. that, after looking into the Act of Union, he •
could Ii nil nothing in it it hide restr:.ined the liing•
from sending Iris writ to whatever place be wished to
return ilesitlsers, or a Member to serve in Portia-
swot. The indictment further charged the Defen-
dants with a wish to bring :shout slisaffeetion, and I
an unlawful change its the C iiiiiiiiiii Louse of Par-;
!lament. Ins Learned Friend then gave what he
considered a proper idea of the nature ut the alleges'
offence—he avoided the sinestion of reform. but substi-
tuted A panegyric sin the British Constitution. lie (Mr.
D.) fully subseribeil to all that had fallen frosts the
Learned Serjeaut its praise of that high Constitution.
am! believed. that with all I Ile abuses Whirls gene upon
it. it was superior to all other Con,:itutions in the
world. Its great practical blessing however was a po-
pular representation, and this film efore was the suestion,
upon which the min Is of the people were most disposed
to he ardently interested. Mit were we to be told that
the Constitution had undergone no other detriment than
those slight alterations which the lapse of time brings
about in all huniais inyentioars. Were we to he told, as
a matter of doubt. that it might have experienced wine
little declension from is theore!ical perfection ? Was
stick the state of the British louse of Commons, and
was the cloud which we saw. nothing more than the
countryman's hand held up before ns ? No, if moll
were the case, the best men of oar ronntry—then isest of
our Judges—our Patriots anti fleroes, and Philomplsers
lalisistreil in vaiii, and libelled the Constitution. by pre-
tending that it has crept over by abuses. And if the
people were not permitted the liberty of meeting peace-
ably to protest anti petition against the torritption which
threatened to overpower them, be knew nettling of the
practical history of the Constitution. and the history of i
ilse last rentury wan a fallacy. Let the Jure consoler I SECOND DAV—Frtinay. AUG. 4.
the motives of the Septennial Act, enacted in 1715—that rsefourt met this morning pursuant to adjournme•it at
tea o'clock. The defendants did nut, ever. anise until
usurping Act of Parliament, for be would nu! hesitate
to call it so. In I ;39-11 a motion was Made for its ff. half-pest : bait Major Cartwright eta not them. Ina
ptnal, butt it was rejected by 240 to }s9 ; of the majority, were am of the gen:lemen who yesterday accoutpustiest
however, it teetotal out that t I l Miemhee, steer in th • en-. The Nlijor, however. very soon entered.
joy anent of places and pion.inna. They had hear.l some- The Jury belog called over.
thing of pensions to-day. Was it a !.rilue to say that
r. w semen rose and said, it mteht seem rather sing.e.as
the permission to sit in 'Parliament allowed to penrioners
piriceineo
was bail? 11
so, he wished ho be put brat forhiet to assiert that the real features of the case AI ere not
an l
in the list of veinal.) Os. It was a crime that ought to before the Conr.. T:te real gmestion to try arts that of priu-
ea.• elpie. and nut individuals. The neigh) of this proseentim
Is • avneral. Year after year Rills were brought in,
eluding such persons from Parr:amen% vet after an they was to be traced to a period long antecedent to the time
kept their seats, although the Act of Settlement ex- when it took place. The principles of Reform bare bet-:r
l'""1). Prohibits their admission into that Imeolhi!"- advoested for several years, and to put those "prlee;pleit
motion for repeal, in 1133, was made by Mr. Blinn-
, down by force which they could not e.oupter by reason. hes
I••v.°"lwr. 11' was happy to day, for this county ofi been the industrious endeavour of Government for wits,
Warwick, and 4,...0ndet1 by Sir Joins St. Albans. The
time pest. lie commented on the general elm-at-ter- r.,•*
former cowhide:l Isis regrcb upon that ,occasion in the
meetinifs for reform which bad liners allou et! to he h:-td. If
follqtring words :--" this, Sir, I hope I shall he
jnitiiipd, that no private consideration has iodoessl I the proper authorities did not interfere with Vie es:-a *:;•C ,01
her to make my proposition.—but the happiness of Notch meetings, they were privy to their criminality, ii I
the nation at large. and Iterative I know sip- it were so, and ought not to entrap, as it were, itioiti,tosis
ported iu it by the voice of the I"Pirs by a '''''i"r'tY into the commission °filets, of which they afterwards to.,k ail-
of my Constituents, and by the particular eecommetida- waning... Ile challenged the Leerned Gentleness% oppoSih•
ti..; of the people of Coveutry, whom I greatly respect,
pot
any Stallite that by the most nicecondruetion or later-
althongh I cannot coats them amongst the number of .
tity Constiteents." Such were the sentiments whirls pren:' um :amid induce the great hods of Englishmen to ima-
m yntcytainyd at that day and since too. It had bean j gine that these meetings vrrr illrLnl. llt romensiedthat he Ind
tlionght that all our political evils were to he trarrd to a right to maintain the tree rxercho. of an:, political cpiol. n
the alums which prevailed In the Representation. Nor I lie might think proper to adopt. aml •iiii.o.t being obd..ed to
Was this the language of ignorant fanatics. No--it was answe- to any one his reason for entertaining snrh rn •
re.eclionl by Chatham, Cam lee, and Pitt. 'Elie Ties- t Moe. Islith these few remaas he Should prorreti to the cont.
tion itself had bran advocated strenuously by the latter, 14lernion of thee pnr -
neuter e ore t era ie
aml it was to that advocacy this: he owes" M., iriptilAcitV
e; known as the son Ire or any one else Mitt received of the Litpeiily „c
in early life. as well as to Isis b.tin
Lord I.shathatu. His (Mr. We.) venerable friend attend• uuseetin.us as those mintplained of, ass; the proel-nhation
cal the meeting, where that Statesman was familiarly of the King, published shout ems nest ago, ile then
known. Illeetissgs were hehl different parts of the aent into thehistory of the ease. -.which he &acted WihrOP-
conestry clubs, societies, and correspontioneies were shlerable ability, and contuse's:ea in *trims twins ass fon Cu'
.baectouing and unfair manner In which the ease had, "row ir4
established, andeli delegates Were appointed to meat
in convention. The word might be alariiitty. Bait
.he aossmeneetnent, been so enbbishilvfl persevered in by the
was prepared Si. •:a% that time people, if they torment toe.
preseentont. Ile alluded par:loll:iffy to his favourite topic.
evil was to he combated -was one of great magniorle,
the striking of Special Juries, and said, that a more Week
Wers• right to sits as they haul finite. Tint ipte:.tiou on all
sod' occasions was this--iiiii lie fabricate the ahoses of r 3,- ant-ailiuinblingion of i"tire- tin hi the mat l't°`-
which he comisl sSited, or in making an abuse the sishject Wilted rountry,•had never rimeerred. Ills great objeet.on
of popular dist. did he only 'spree' to the proper s slrenstal to lie with Rieman number of individuals alto were
tribunal for a ies.staly. If the elitism existed, he did on the Jury list of the comity, the greater park of warm, see
r:glit. becalm minting cossitt overcome it hot public F i.l . were Mahe Commission of the Pear., and wend had
opinion. When the •incitiee relative to tile ;thulium, of
ti..en on the Grand Jury. 116 alluded to time Case ves:taut.s;
the Slave Trask was its agitation, there mentioned, in the person of Mr. limit; he thought the Lis,-
mei petitions in f.o. um* of the abolition trots. every guar-
ter. Why were not the :tor lane; of these ineelini!ii and
proper esssidtlet of the smintioniug (Aker had berm elt•arly
petitions itecused ag,,i!ist the for n proved to any unprejudiced mind. Ili; Lordship slid not
they declared war Against a sys!eut whirls sv a proteletell certainly any the pamtel was %Mated ; but his tihsen ed. that
by the Statute laws,. and proclamation opal prorluma- • it was not a question upon which hr was equiperent to dee:•:e.
tints ? Was this a vrinie? It 1,314 .1 glary and ac hotionr— • flow Cordial might beJust its law he knew not ; but the Learnt
it wee the glory of the sassintry, and Cootigh a morni of
Judie must be aware that It afforded R drong•reaaPo toe
orposition, that great MeaS:tte of two,,okoos and fl-11- •
roaden , utiu
that witesu which admitted
that error 10 our
Bonn was effected. Vol never Wsssil I hat tratfr have been •
pin-e could not be corrected intioother. ne had b«ns
ilit.aliAlte.l, had tit politic opinion loudly declared againstl
with an intention to degrade the House of Commons. b
it first. If a set sit Mese thought and said, that a cettain
branch of the Legislature war grossly anal no,orittos:y would niter the Jury to every article which hehad written no'
corrupt, where was the remedy for it, pnlslir opiiii oft : various subjects; and he would !iffy the Learned tiarkest.
The indictment in the pressent case was reinstri,ably fr" to prove in any of them the remotest ales at any tiling rof liter
from any charge, even by insinuation, of a riotou s 1
position in the meeting :—that which formed the elm!. sort. :;yen he had not door so in that charsetor whim, he
had thei opportunity of flinch* his seakiweots, it would rr
ground of accusatinn in the great ease tried at York, of
which they must have all heard. Flags sysre introduced Oa oar* to sal,
in the evidence, and a mast tineharitable inferenre was ovular men** he hati aviactat that slider.""Flt a" "i"k
that by any pankstiar ect.er on any per-
drawa from the inscriptions which they hum If they, Caine very badly from the Learned Sairjealt.il Was isw
were of such value to the cane of the Prosecution, why; by this very act, which wad complained of,,tbessingi, *v.
net introduce them into the indictment. On one sit' the House to recur to its privileges, and upbn them to ae•
is
flags appeared the words, the " Bill of Rights." W bat', They merely
eihed fortht. reitheadoe of the nuts- orep4l.
were we gone so far, indeed, that to speak of -the Hill, ...au ia the peaty wombed? 60k...id that Atm& mamas •
of Rights Was a critne—that Rill, without which the go obeolkowloted,ioilset.likiegoand
devolution would tint bare been conclusive ?' The w"`" Ilar;be *144444_._ e
I. artier liewthriaan then as Thvn,as toShis rtghti
proceeded to foomeot ws. a.petition root 40.• abloom lA. coast
:atliser ipseriptiosis. &feuding the propriety
Unction of ahem. After all the emseideratiee *hick ion of repreituttafthu, thaP4altta be. * bad asinder'enh
sod rot,. gidered a eiime, and pas*ed.
'alai give to this subject, he really cosslil Doc aye bob 11400.10 rilreftlit.tkil"; oaf14111"b" of e°"%% the
twurth%sitiletoproceedagainstthepresentdefendantsl kingdom. If the real antes, eltarged by this indictment

Mr. HILL then a 'dressed the .ittry on behalf of Major
Carte rielit. He inf .r.-e.I with much ability the argninen's
of Mr. Denman, The mein part of time charge was atietnr.si
to be supported by sentences bout speeches of several m.f
the defendants. Now, tie would show. from • variety 6t
works. whet several great thoneld and said upon '
subject matter. chrreed as crimes in their speeches. H •
then read extracts from set prat works in sopperr of Li,
positions. Ile would not remark upon the evidence—tot
had been selliciently disposed of by his Learned Friend.
Coming to the Immediate subject under considoration, he
would refer to (trey's debates upon the subject of the
Horongh of N.iwark, and there It would be seen, that it w•t.
a matter of argument at least, if it was nothing more..than
the election of a Member iif Parliamell: was a sueti" tciticit
In process of time, and by the ginnee of at re. became e
privilege. If this were the case, looking at it with a legal
rye. where was the harm of anv sot of men performing this
service voluntarily ? Tue Learned Gentleman pursued tit!:
subject with a long cud elaborate argument. Hut in paint
of fact, the election here executed was an election of a per-
son to carry a letter—it was the election of a rvo —and
not • heather of Parliament. If even this point fulled. the
fact of Sir Charles Inning conilLionaliy elected. undid maul
his election void. The meeting so far from wishing to iosis*
upon the election, did actually- give a petition to this gentle-
man to be presented by him if he shorld be admitted. and
in ease he should not, to be presented by some Member a
(fiend of his. Were then was the shirking of of allegiance:
where was the disposition to excite disaffection I lie tog.
eluded by paying a complimeel to the unlike ation of Niej‘n-
Cartwright, who had never before been brought into a Court
of Justice,

The Learned fientletnan having concluded. stated to t?r
Judge that he was requested by Slisjor Cartwright to resi
defence written by hiniseif. and which he thought necrvvary
to the vindication of his ehark-ter and repnizqi.in.
The ewer BARON said, it was contrary to all nile mallow
Its being read. Ilad the Learned neetlenian introduced It
as part of his speeeh. he might have read It: but it was too
nice:, to expect of the Court to allow n Counsel, after wakkg
OUR speech, to get up and make another.
It being now near ten o'clock. Mr. Wader. who was pert
to address the Court. said he would have to (Acuity several
hours of the time of the room and if it was the ',lessor'. of
Ids Lordship to adjourn the Court, he would prefer
his address to-morrow.

After a short conversation, the Court atVourned
o'clock tu•uturrow.

~;