The Statesman.
London, England, 1820-08-07 00:00:00

THE S

the nnmlier of the defendants, the object of Isis first
observation. '1 lee gentleman opposite to hint (Mr.
IVooler) had however offered himself more immediately
to his consideration, and to hint therefore he bliu it'd
apply one or two remarks. The gentleman had com-
plained that Government hail been the occasion of the
defendants crime, if such they eon 111 l itted, by permit-
ting the meeting to take place, knowing as they of
their agents did, shat such a meeting was to take
place, and he (Mr. Weeder) had then proceeded to
challenge him (Mr. Serg. Vaughan) in peremptory
terms to state what particular law the defendants had
violated. He (Mr. Serg. Vaughan) hail nut said that
they contravened any statute law ; but snre he was,
that they acted in direct hostility to the common law.
Was any man so inexperienced or so absurd, as not to
acknowledge the necessity of every Government, being
from its very nature possessed of an inherent power
of self-defence, and of inflicting punishment whilst
prosecuting the means of that defence ? What could
be the pretence fo. saying, that to excite disaffection
to the Covernint at of a country was not contrary to
any law ?
Mr. Wooler-1 ',ever said, that it was nut illegal
to excite disaffection against the Goverinent.
Mr. Serg. VALI:II.IIC.--It is impuisible fur me to
proceed, if 1 am to he interrupted in this way—
Mr. 11'uoler-1 pledge myself not to interrupt, if
you do not misrepresent. 1 repeat, that what 1 said
could never justify the hoe, pretation siss have put
upon it.
Mr. Sergeant Vaucnse.—The defendant clield not
deny that the conduct with which they stood charged
amounted to a gross violation of the law, and there-
fore the only question for him to vonsider was, if the,
facts were made out upon which the eliarges Were
founded. If they wete Route out, the law must of
course apply to them. In his mind, the continct of
the defendants so far from being t ndured by the law,
approai lied the guilt of High Treastin. At least it
appeared to him the highest misdemeanour of which
a subject could be guilty. What ! arraigning the iu-
tegrity of the House of Commons, denying its exist-
ence, and atteuiptiug, of their own antiiiirity, to de-
stroy it. This was no violation of the law ? Bus, said
the Gentleman, (Mr. Wieder) " II by did not Govern-
ment interpose, and prevent the existence of such an
illegal meeting ?" lie (Mr. Sergeant V.) nould ask,
was_there any thing in the public advertisement, or'
the notice transmitted to time county atter announcing!
the meeting to raise a suspicion of the true iin•ure of
the object. for which it was convened. The words were
very vague--they suggested no presumption am Illegal ‘.
meeting--on the contrary, if the meeting proceeded I
consistently wit h:the spirit of the advertisement, it might '
hare been perfectly legal. '1 he I lentlensan had said, that
this was a trial of prineples; no sus 11 thing ; it was atrial
of intlit ideals for certain acts oft seditious nature, and
calculated to destroy the athecti• na of the people for
au integral part of the Legislature. The Gentleman
had misapplied notch of his time in asserting, as the
privilege of Englishmen', the right to hold what opi-
nions he pleased. Yes; an Englishman bud the right
to hold whatever opinions he pleased, and to publish than
also; but he must all so, subjeclab !he restrictions which
the good of society required she placed upon the
exercise of arch a right. &moire goer Nil.% et pod
',notice diem:, was the maxim of the Constitution. He
aereed with the Gentleman upon the abstract point,
but it was as to the exercise of that right in certain
conditions of soeiete, that he differed with him.
'I he prosecutors had been charges! with au unbe-
coming anxiety to produce verdicts upon charges of
this nature. Vas this imputation justified in tltr pre-
sent instance ? They had heard much of ex-ojfein
informations. Was the mode of prosecution by such
instruments preferred in this case ? No : yet in the
very teeth of this forbearance, Government was
charged with entertaining an anxiety to procure con-
victions upon charges of sedition. Again; up to a
recent time, it was a secret even that Government had
really any thing to do with this ease—he did not
mean to say that this secrecy was observed through
any design. The prosecution was conducted in the
mildest possible way. Through the whole process the
same forbearance bail been mainteintd ; and when it
was represented that the names of thirteen of the
Grand jury who found the trite bill against the de-
fendants, were included in the Special Jury list, they
were removed without hesitation. The Learned Ser-
jeant then proceeded to vindicate the doctrine which
he asserted in his opening speech respecting the power
of the King to issue writs or precepts to such places as
were not before in the enjoyment of the power. to
elect members to serve in Parliament, and stated that
at all events, it was extremely doubtful whether or not
such a prerogative existed its the King. Thelast case in
which it was exercised was that of the Borough of
Newark in the time of Charles 11. It struck him
that at the passing of the Act of Union with ScoJand,
a sort of understanding prevailed that this power
should cease, although there was no direct Act to
extinguish it. The act of Union determined the re-
lation in which the two countries were to stand iti
*itch other. England was allowed to have 513 re-
presentatives, and Scotland 45. Now, it was a ques-
tion upon which much doubt might he permitted to
be entertained, whether or not it would be a breach
of the Act of Union for the King of England to, dis-
turb the proportion of representatives by increasing
that portion which England enjoyed. However, this
discussion had nu reference to the present ease, for
the election was proceeded upon without any such
writ. The Indictment did not report that Birming-
ham had no right to participate in the elective power ;
but it stated that they proceeded to elect without any
antlitiri7.
is r. Wooler.-1 beg leave to say, that no such a
thing as the election of a representative bad taken
place.
Mr. Serjeant Vavonsx.—lf the Gentleman meant
that no valid election had taken place, be (Mr. Ser-
jeant V.) concurred with his) —hut lie would repeat,
that the Meeting did all tie tlply could in their weak-I
-nese to elect—there was gelseife Made of a Legisla-
torial Attorney, and Represeibitfire in Parliament.
Mr. iVooller--Not in Parliainent—the words were
not used.
1 Mr. Serjeaat V•I:GIIIAN-.--the words of the 7th MO-
Wide was, that Sir C. Wallaby is elected legislate-
rill Attorney, Ike., and Is initructed to Crain admis-
sion Into the House of Consisons as Member thereof.—

A 514

What language could be more strong ? Was it not
perfectly clear that the assembly intended to make
choke of this Gentleman as their Repiesentathe to sit
in Parliament ? What was meant by Legislatorial At-
torney—if not a person who was to act ise a Legislators
capacity. If Sir Charles Wolseley was elected, the
postman of the meeting, as was said by one of his
Learned Friends, why was he to claim admission as
a Member of the House P With respect to what he
said, in au abstract point of view, on the subject
of conspiracy, had been strangely misrepresented.—
What he said was this—a conspiracy was so odious in
the eye* of the' law, that though a particular act might
be in itself perfectly legal, yet that a conspiracy to ef-
fect it might convert it into an illegal act. This prin-
ciple was capable of easy illustration. A jonrneyinaa
in any branch of trade thought proper to affix a err-
Uhl price to his labour. Ttais was uo illegal act. No
law prohibited him from doing so. No law_prokibited
20, 50, or one hundred persons from doing so indi-
vidually. But if they conspired, and concurrently
refused to work but upon their own conditions, this
general concert rendered the act, which, as indivi-
dually committed, was innocent, highly illegal. The
Learned Bentleman proceeded to illnerate this doc-
trine, and apply it to the circumstances of tit's ease
with much force. They were not there to exercise
the exi.ediency of reform. If he was called upon fur
his opinion, be might perhaps be disposed to add it
that the state of the representation might be improved
by some alteration. it was nut because they wished
to procure reform that the defendants were subjected
to this prosecution ; but it was on Account of the mole
wbeh they adopted in order to bring it about—it was
because they wished to indatue the public mind, and
excite what they called a general sensatiou, which the
House could not lung resist. For those lamentable
measures of severity which Parliament was compelltd
to enact, the conntry thank the reformers. The
Learned Coun,el then went intoa detailed examination
of the evidence, commenting upon it as he proceeded
with his usual ability—collected those parts of the tes-
t timony of each witness which implicated each of the
defendants, and applied them with great ingenuity to
the illustration of that spirit of illegal concert in bring-
ing about an illegal object, n hieh he Alleged wpm throe
severally. Ile then adverted to the inscriptions on
Sage, vcpatiatiiig upon their t •ndency, nutter the parti-
cular circumstances in which they were introduced ; and,
lastly, examined the particular speeches which had been
addressed to the meeting, in order the more completely
to elucidate the spirit and the views of leaders,
consequently to show them in this part of their con-
duct, pursuing the same purpose, and acting consist-
ently with the plans, which, he comieniled, he had de-
tected at a more early stage of their proceedings.
The case being closed,
Ihr Lord enter Wixom proceeded to sum up the
evidence. His Lordship represented to the Jury that
'• were to occlude from their consideration several
Asa upon which they had Lem addressed that day.
'they were to pay attention merely to what the record
placed before them, and to try the question whether,
Of NW, the °Serve chargtAl in the indictment against
dsefefendants was committed. His Lordship stated
the charge from the indictment. He said it w:s a
'charge of illegal conduct, end if the defendants weve
guilty of it—they were guilty of a misdemeanour of it
high. nature. That such was the diameter of
the offence charged, he had nut the shadow of a '
doubt. The only question then for the Jury to
determine n-as, had the charge been sabstantiated ? ,
and upon this question they would be enabled
'ha satisfy themselves by considering the evidence
Wire them. His Lordship then read the evi-
dence at length, interspersing a few comments on the
Modeller of several parts of it, and pointed the at en-
don of the Jury to those circumstances, which showed,
ip his opinion, a concert on the part of the defendants.
He ~marked, that no evidence "bad been b ought for-
mod by the defendants, and although it could be
Insets more gratifying to him to find that any man
Was innocent than guilty, yet be felt it to he die duty,
se this oceasionjo state, that he had, from the state-
ments of the defendants themselves, received an in:-
gression that they were fully guilty of the charges
which the indictment set forth against them. It
would be in the recollection of the Jury, that on the
previews night be bad refused to one of the defendant's.
Counsel (Mr. HIII) the permission to read a written
defence, after the address of the Counsel in his behalf,
and he did so, because it was irregular, and highly in-
convenient. However, he hail that day, in considera-
tion of the circumstances in which the particular de-
fel:dant to whom it belanged was placed, permitted it
to be read. He now regretted the indulgence, for, as
the Jury could not have failed to perceive, it contained
many—many things wholly contrary to law. He felt
that it was unnecessary to add a single word mote.
The Jury were in possession of the law and the evi-
dence, and to them he resigned the determination of
the guilt or innocence of the defendants.
The Jury then retired, aid after cousaftiag together
eights - • -4 Guilty

for ateen minutes, returned a verdict of
against all the fire defendants.
Befiire the verdict was handed in, three Bills of
Exceptions on the part of the defendants, to the opi-
nion of the Judge, respecting the objeeiions which
bad been urged in theirbehalf before the trial were
put in.
The Judge assured the defendant; that they should
have all justice done to them. The dignity, modera-
tion and impartiality of the Bench were never more
conspicuous than in the deportment of the Learned
Chief Baron from the beginning to the conclusion of
this trial. The defendants &Ind in him a patient and
indulgent judge. He gave them every facility foe
their defence which they could po.sibly require, even
the omission of some of those forms by which rep-
lan', of the proceedings ig held 14--at the Paine time
be Awed himself ready to enforce the respect and de-
sotut belong to a Court of Justice.

,

Tl:Ter boys, named John Barrett, John Rend/ and
Jaws Carter, were examined *tea charge of picking
pockets. The prisoners wen observed in the act of
inking a handkerchief from the pocket of a Gentleman
Long-acre. soil perceiving they wore noticed. the,
threw down the handkerchief, and net 4 tannin
they wet* pnrsaed'and secured.—Fully committed.

l

31 E IWOROLOGICAL TAB:
The heat having progressively isereeseilderlo6,
the ',tooth of July tenni sated like the meellsoffene.(aagi
similar causes), with a violent thesder storm,
am'
accounts ai have been received, this storm ',-
traversed the elude of the south-east angle t
to have been limited sable a line draws free
Hampshire to the county of Norfolk. The distrieis
perieueed rage most severely were Sasses,
sfolk. In many parts of those swages,
tied with hall of seine unusual site es to kill
and multitudes of smaller birds, am 4 to have
as to lie more than a foot high epos doe gressi,
stow mid its neighbooroood, it wullesemended,
ease, which gave seelt levee to the hßli, ems b.
tied villages every whales, having, Waile6l
The tempest hat leg essommeml ahem Mil.,
tants-arose from their Mikis the ar
of the females minellog With die WAR'
the roaring of the thornier, IMO reputellid
palling. Much eons wits heat down, may her
script of their i•lants, sled aniuroas tree. wr
their roots. The damage don la that town
hood, and tepee i ally sawn *shop pl an tattoo s is
In Isondon. though the uriudgaribee was little, tl
tremendous. The peals of demear were teed Gat
the dashes of lightning aaseempealy vivid, at,
remain', and the rain fell doss la torrents. Near
p.wid-street, two houses were street by the lightaiss, ss,l7,p
near the Commercial-road, but happily so tires wels,
The duration of the storm over the metropolis
S hours ; and, what is to be remarked as arm
sequence, the following day was remarkably'
and serene.
*raid. Ang. 6.

•rwitstsinsisTait. 1
6 ; I II I 1
o'clock. i o'clock. at night.
Jul.)?
121, 5.,.... IV 78 66 3u
31. Nl . 70 68 70 29
A. I, To. (4) 76 64
2, 14... 04 72 64 30
3, Th. 016 AS 63
4. F.. 65 74 60 *I)
6, M.. t'l (ki •

6, M..
aaC...il

BIRTHS.
Oa the 3d Inst. at Peentore, in the manly
Lady or T. W. Montedeld. Esq. of a see.
On iVednesda) la3t, at Brighton, Mrs. Ralph Nishans,
of a son.

At Paris. .1,4 27, al:Wi 41, :s. Charlotte Otis, wife si
Thomas Otis, Esq.

homier el platens carer. limt.
Thy house. and (in the cup of life,
That honey -drop) thy pleasing wife.
°CRATES, by his discourse on marriage, to ev
raptured his auditors with the saiOeet, Rot it Monied
men llrw to their wives. and the Moslem Wesel Is le
wedded and " The kipeetator" has allelialothat dieted
wife" is the most agreeable sad delightiMeamis imam
The sacred lostitution, then. of Mani*, eadiassell tie
desideratum of owe enjoyment ; teesilas set silly dither
shifts os earth, but disposing the sod hstitshommina
with bliss hereafter.
Previous, however, to entering into this halletteingies
tion. it becomes an insi.erstive duty, sot odyla
passions, btu to eleause the grosser radar Ikea these im
purities, which the freedom of uswealdebid Omen mg
hate entailed %gawk. To the noels* seek atmsdea sit
attributable tuna) of those hapless Meileses, whithollb
the) excite the euoindseradoit of the hedger, thealialst
impresq him with the fear of gulf-represeh.
Luxurious ha bits sill'elresshise the body—e medusa h
the tropics will relax the elastic libre—bst more apes*
dues ilte premature infatuation of youth too froqacilly sale
promise the natural dignity halo a state of lassies% tot
whence the agonised serer move than doubts the elide el
relief. To •Il seek them, wo Wawa ~sok a, elk*
hope—energy—sussealar streaglll-4blldly ; see Ca OP
86 sees appear questionable, tanelitAsd as they Malty lb
multiplied proofs of twenty years seleessilli appetileme.
The easy cares of married life, are eesselimardiesiel
by the suspension of thous blessings whisks eouse
nuptial wreath—for time female habit is ehaseellothillialli!
weak—yet it con be strengthened, and &Seim* energy M.
proved into fuectionel power.
In story ease of syphilitic intrados. as well as hied",
relaxation of the generative economy, us pie** ser sMIII
to cure speedily, and with elect. Ramsay soNeltalalli
expel the unfeeling empyrle from the position so
ready taken up, we deviate from generel principles •Prelirth
hesitation ; aadeoolident in our owe honoerable tategrity'd
Members of the College of Burgesses, we refer the mdlehll
community of either sex (especially those enteric* late as-
trimonlaf life) at ones to one hlese, wbere daily Outlaw
Is gives for personal consultation and letters fed* SP
country are Immediately answered : these mast cestales
remittance for Advice and Medicine. which eel be ((await,
to any pert of the world, however disbud.
00814 and Co. M. R. C. Surgeons. 11,
Roe eerie-street, Pleet-street, Londe&

••• Private door mend the earner.
Just pehllsbed (Tenth edition),
• The .8013 of LIFE, a familiar commentary se dor evert
Diseases. By (TOYS and Co. Addressed to the Yeatkead
Maturity of both Heves. May be had at 90, Pitentester-row;
Pall-niall 110. Prinerv-street, Seim ; 17d, 1.1"61111.41
and uf all Booksellers. Price b.

" What slight neglects. what trivial faiths destroy
" The hardiest frame I"
ANBSS RS. CLi RRIE and CO. bariagdevolad ISM
'elves to Ihr study Of. aad been gratilled by the sal
considerable practice in them harmiso et ths p
which they thought proper to mied, Soak that dior ti
myears residence in this metropolis. their lehmts are so
ows. and their reputation so adoellthed, dot no art
logy Is requisite further IlwealheruCksilestß
preelite. It may he proper al altheithot Risk is
cativo has been of the Mat death Gather ere Illeebansf
the Royal Colleges of Loadosund Idlalthigb I tad es sew
factory, evidences of rho both of this olablithild.llllkillr
was and testimonials may he am at oar Won, /fa
listtoo-ganiss. *her, Owl rfer 0 ellqi
est sot-rosy sad honour by patients of am. a iblibillt
any of the folio% ing completer. :--rtaiisoli anareal
fur which they have discovered a Ili* la
a complete substitute for mercury la 'Swaying/It
bet has sive the advnetage of oradleatiag the filthrikr
out debilitating the constkittlaii.-11. la eases of
Dehillty and Vascular Reissalioult whether or
Theist esteem'. by the lomodurato saloyaisala of
pleasures. or by solitary sessuality. urban
'• TM vivo, sighs, tho ballad's sun.
The &weskit, pars, aesdiasliosa
Dies from the Rim with Ifirrlifl
Devoar'd. la sallow shad.'
Messrs. Currie sad Co. on la of a Ifedleo_
No _,.
the stands unrivalled 'ants raw* dieggy.is ithiel low
thoopthaseulsr ibis et the patios', li
"igts mini
iglvfla, sad rosstabilaldag lithelgour, verrithooteenthollf
sabstltatiss, melba Waft.** to the dasgspaof art'
thpoo.-11. la Strieturosofthothasambliesars.Cassiossieab
phi of mammal he. so Sir allmamod wary Wars rem/
es" that. Stay uses softhil the sallsalaitheilisolii WO:
most
Miss of
throe tre Ihee
as. arse wdlilshWittiralli.rosituuTet lidr,
MIL la the am of mai e( *so Ilitlir Piti
RIM hoireatod with the 'Maud alt
Mt is the same as that ar
In the votary are
Mt
ego, sod 04 0
sa moth of aisg
MGM ohm Ohs Marryimodieladia lIII*I°IIII.
lame am, part 041, werld.--110. WII. Ihllliir'

111= 11111161" Lt
millirsePillialadpowarv:o4l6:4l.lPaissief
PINP*9O4•. $4 arreir. Iwo* iss. 49.04,. WM*
by R. WARDRLL. r ware 211 Ars.
sirearms, Chrbirs, as. see roreird Or eilvass&

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