The Statesman.
London, England, 1820-07-26 00:00:00

appeared to be imputed. He thought it a little sin-
gular that the Honourable and Learned Gentleman,
who had made the present motion, should have se-
lected from the numerous libels with which the press
termed, that which he had brought Nader the consi-
deration of the House ; as it was one so recently pub-
lished that no opportunity bad been given to the Law
Officers of the Crown even to consider whetheir they
should commence proceedings against it. If She lion.
and Learned Gentleman thought this so gross a libel
that no time was to be lost in bringing it before the
House, he (the Attorney-General) was surprised that
the Honourable and Learned Gentleman hail over-
looked not only the publications front which his Noble
Friend had read extracts, but various other publica-
tions from which for the last three or four weeks had
been indulging in the most gross reflections on the
conduct both of that and of the other House of Par-
liament. With respect, however, to the main question
before the House, it ought to be recollected that on
es-rficio information could be tiled by the Attoriter
General against say of those publications until int*
ensuing term ; and therefore, .till thinking that the
Honourable and Learned Gentleman might have giten
hint credit by believing that his attenthon had
directed towards the various libels with which tits
.public press had been inundated since the cot*
mencetnent of the unfortunate discussion in closes
tion ; yet, if the. Honourable and Learned lie*:
tlensan's object was to call to account those, who,
by their conduct, were likely to impede the
course of justice, by biassing the conduct of Perlis-
tnent, he was afraid that that ohject would be tardily
accomplished, since the prosecution of this libel, whkh
he (the Attorney General) allowed attacked the coo-
duct of her Majesty in terms which must excite.geae-
nil disgust and reprehension, could not be conitneaced
until alichaelnias Term. At the same time, be was
perfectly aware that the tardiness of the punishment
would be no excuse for him; and that there were moot
cases, as well as that particular one, in which it would
be his duty to institute criminal proceedings. He per-
fectly agreed with the Honourable and Learned Gen-
tleman who had just sot down, that any Attorney
General was wrong who commenced a pro.eentioa for
libel; without a moral conviction on his own mind that
he was entitled to unit should obtain a verdict. It
was unpleasant to speak of himself, but be appealed to
11 the Honourable and Learned Gentleman, whether, on
Ia review of the prosecutions of that nature which be
(the Attorney General) had instituted since his en-
trance on office, there was a single instance in which
he bad nut obtained a conviction. He took no merit
for that. Unfortunately, the present state of the
public press was such, that if lie had institued more
prosecutions, lie had little doubt that he should have
lobtained more convictions. But be asestioaed this to
show that he had been guided by the HesouraMe
and Learned Gentleman's rule, namely, never to
commence say such proceeding except 4 believed
in his conscience that he was entitled to a 1/Shi
diet. The Houourable and Learned tigmtlosaaa,
however, nut choosing to contuse himself W the ism
ties before the House, had, as on foro.k ottediet.
attempted, at the close of the Sessions of ,
to reiterate those accusations against his Illifestg
Government, which he had so freely made during
progress of the Session. The Honourable and learn-
ed Gentlemen had said, that her Majesty having bees
treated as a convicted person by his Majesty's Go-
vernment, mould not expect any redress for her wroega
in that quarter. It was very painful to him (the At-
torney-General) to talk on this subject. But he
thought that the question was not fairly treated by
the Honourable rod Learned Gentleman. The Hon-
ourable and learned Gentleman, without any lolanda-
lion, attempted to raise a prejudice (which must have
its effects not only in that House, but out of doors)
against his Majesty's Ministers, who, in the dis-
charge of the painful duty which had devolved up-
on them, bad been reluctantly compelled to take
the step i, which the proceedings at present pend-
ing in the other House of Parliament esigioated.
Again. the Honourable and Learned Gentleman
had adverted to the omission of her Majesty's
name in the Liturgy. For himself, he (the Attorney-
General) was satisfied that whatever question might
arise as to the expediency or inexpediency of that step,
inipoint of law it was completely justifiable. But what
would have been said if his Majesty's Ministers had
advised the insertion of her Majesty's name in the Li-
turgy ? It appeared that a most serious charge against
her Majesty had been communicated to his Majesty's
Government, supported by evidence which it was im-
possible for them to overlook. How afterwards could
they, with any •consistency, have brought dews the
Royal Message, or have been accessary to the pro-
ceeding in progress in the other Muse of Parliament?
lie denied that there had been any want of respect on
the part of his Itajesty's Oevyremosit towards the
Queed. Any apparent disrespect was attributable es.
,tirely to her Majesty's own conduct. . He sotheassio
that be thought-the course pursued in that Hesse
by the Honourable and Learned Gentleman, though
a very excellent course for the Advocate of her
Majesty, whose basiness it was to make the
most of every thing fur his client. was by. Se camas
a proper course for a Member of Parliament. He
thought that the less that was said apse the whale
subject the better, ht order that the House might
keep their minds free from bias, and be istilided to,
pronounce with inspartialty ow the momentous ques-
tion. if it should come before them. All attempts to I
depreciate tl . etareeter of the witnesses in this gnat i
question—to resume that they were fain and par-
jured, and that no truth coma be expected frets than.
were amenable to the law, and, es irMidurrtfe Ma
they were made, they aught to be rtsMisl.
that Hosea ought to ha extremely eau am to it
themselves to the pram faellag—• g esti
tit z i
net fur the purpose of tainsloi days his. hue
to prejudge the ease the Oat e.g. ho
csadesaired the libel my is gyasstias as mush as say
I nom, yet la poise at usambers iptd laelleily Is this lath
Itrepans, theme was se =1;s• bowies thole When
libels were et that - theta - 'tailed
J themselves her Majesty% '

hypocritical sia4it writ
declaim des Ghwersimeet.

Lad litauls !Mir-.4
'dm stmt. d Loodss
canie fns seek remes

THE STAtESMAN.

Honourable and Learned Gentleman ever seen any
placard of a contrary character, attempting to pre-
judice her Majesty's cause, or to brand its support-
ers with infamy ? Perhaps there never was a period
when the duties of the Attorney lieneral were so heavy
as at the present moment : of all those duties none
occupied his attention more than the state of the public
press. He lamented to say, that although it would
be indispensible to institute numerous prosecutions, he
was apprehensive that the arm of the law could not
sufficiently restrain the license of the press. Ile felt
co much interested as the Honourable and Learned
Gentleman could do for the preservation of that Ines-
timable blessing, the liberty of the press ; but he was
persuaded that nu man who read the infamous publi-
cations to which be alluded, would say that to bring
their authors into a court of justice would be to attack
the liberty of the press. The existing licentiousness
of the press was greater than it had been in any for-
mer period of our history. He was sorry that it fell
to his lot to endeavour to repress it. He trusted that'
he should not be considered to hare been remiss in the
discharge of his duty, because he had not yet taken
notice of a publication that appeared only last week.
The perusal of the gross and infamous libels which
appeared day after day and week after week, would
occupy the whole of the time of the Attorney General.
He confessed, that with all the Honourable and Learn-
ed Mover's ingenuity and talent, he (the Attorney
General) was at a loss to discover by what link in the
Honourable and Learned Gentleman's reasoning he
made the immediate publication in question a breach
of privilege. As to the other object of the Honourable
and Learned Gentleman's proposition, namely, the in-
struction to the Attorney General to prosecute, it would
n►t bee owe him, haring the honour as he had to bold
that office, to say a word.
Mr. Twiner declared his determination to reserve
his further opinions on the great question respecting
her Majesty, until it should come regularly before
the House. He would therefore confine himself strictly
to the motion made by his Honourable and Learned
Friend. He confessed that he could not well under*
stand how his Honourable and Learned Friend could
make the libel in question a breach of the privileges
of the House. At least, the argument by which his
Honourable and Learned Friend had endeavoured to do
so, app.. red to him to be too refined. Because the
House of Commons knew that the House of Lords bad
entertained a Bill which respected her Majesty, and
because that Bill was a Parliamentary proceeding,
and because the House of Commons was a branch of
P.irlianient, therefore the libel in qnestion was a
breach of the Privileges of the Haase of Commons.
Now. it should be remembered, that what that House
hues of the proceedings in the House of Lords, was
not by a communication from that House, but merely
from an examination of the Lords' Journals. The
Bill might never come to the House of Commons. If
the publication in question was really a breach ell
Privilege, et ought to he taken notice of by the House
of Lords eater than by ON Hesse of Commons. The
next question was, whether, if It was declared to be a
breach of Privilege, the Attorney-General should ba
instructed to prosecute? Now, to such a proceeding,
he conceived there were many objections. It was
odious to send a man to trial with the weight of the
opinion of the House of Commons against him. lint
even If prosecution by the Attorney-Oeneral were the
fit course, it was for the House of Lords to pursue it,
and not the House of Commons. Under all the cir-
eamstances of the case, he strongly recommended to
his Honourable and Learned Friend to withdraw his.
motion.

Lord A. Itisiii.vos denied that when he or the
Hononrable and Learned Gentleman said any thing is
that House, in disparagement of the conduct of Mi-
nisters towards her Majesty, it was with the view of
inflaming any one either in or out of doors. What'
they did was merely to recapitulate that conduct. If
such a recapitulation had the effect of inflaming, it
was attributable to the conduct itself, and not to him.
It appeared to him that the Huno.nrable and Learned
the Attorney General had been unfortunate in his il-
lustration respecting the omission of her Majesty's
name in the Liturgy. The Honourable and Learned
Gentlemen said, that if Ministers had advised the con-
tinuance of her Majesty's name in the Liturgy, they
could nut consistently have sanctioned the charges
against her. He thought that it was quite errone-
ous to say that a charge could not with consisten-
cy be made against any one who, until the time
of the charge, had been treated as innocent.
Hut had Ministers done nothing else which
had the same effect that the Honourable and
Learned Gentleman supposed, would have resulted
from the ineertionof her Majesty's name in the Litermr ?
Was not the offer of 50,0001. a-year as inconsistent with
the subsequent charge of criminality, as the insertion of
her Majesty's name in the Liturgy would have,,heen ?
Mid lonian there was sousethieg mysterious in striking
her Majesty's SUM out of the Liturgy; for it was stated
hi the papers on the table of the Home set to have been
done in consequence of the iatended proceedings against
her Majesty. To thedoelaration dim Hon and beamed
lifetimes, that there were perms@ aetivny coma in
converting the tesnporaiy 'coalmen of tilt day
to purposes of lasting onsehle‘he would that those
persons had the most valuable ceedietees, impolitic, and
unjust course pursued by any Government, than that of
F
arming one branch of the Royal Family ast mother,
and teaching the public that the trie of the one
could be obtained only by the diagram dee Niter. As
to the libel in question, it was se gross's, isieriers, so
beneath any thing that could casemate frogs a men of li-
beral educatims that, in his opinion, it maid be JON.
meatal only to its author, by so means to her Majesty.
Mr. Mazwitt.t. said a few words, hat the noise in the
Hose was so rest, that we can only ex our belief
that the Hen. n csaceived the Hoprns usellfrould be
talky a it greet deeeliedou Of duty, if it neglected to
aetice the lihdits gaestbsa.
Mr. Warmaasat. said, that as the NeW• Lord sad
• the Moatiatahle sad Leaned Gentleman had heti lad-
!seta Mat the publication la .isestiosi would hues,
dia use of preseesdisa. his object was asiewstelk
sad be hit groat sadoliwthas that it was u. TThei
!ease inighrtheeelites
ht agree of his undou as they
' tha . 3 _
redir.:

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