The Statesman.
London, England, 1821-05-31 00:00:00

. I

ifesergni
grown fattened
minty. He felt
the amendments
it other amend.
r of York (if it
livided into two
he views of the
for giving two
the city of York,
If the House
e should have to
'enema.
what had fallen
Gentleman from
felt it necessary
leman he thought
of the Measlier'
e House that no
I of Parliameo:,
onimons, as it ap.
alone by sealing
e. he Hower of
passed a Bill to
infer the Elective
Borough of Leed,
d instead of givicg
anted, tinsels.,
rill not give vole
wo Knights of the
t Movie was more
rich it ought to he
ly the right of the
he thought they
snsideration. The
sill went to increase
use of eotnomill;
siel,l result to the
e private business
present, and that
suitors for private
r had hitherto been.
s of all parties on
s contriopiated the
rehension. Speak-
!nt, he in his con-
Thine could not fall
sustain if this bill
the division of the
iourable lientleinan
kin that it would
to the West Riding.
manufacturing and
seen from the his..
That the returns had
le :South and West
that house to adopt
ease such a measure
did not think they
would satisfy nohe-
ry to the politic, that
should pass the Die-
: determined by an.
franchise should be
thrown out, another
ichisement of thaw-
rdships stood pledg-
int session. He felt
utention to take the
tion that they sboild
:nt.
'.RItY observed, that
rich his Honourable
e could not do so on
s had only exercised
the shape which they
ugh he allowed that it
louse of Commons to
cation, be contended
on of a modification
branch of the legi-
: to the constitution.
further remarks, ex-
'on the amendments
If and to the House,
ores as might be deem-
-41.

though his object was
it now stood, yet he
lendn►en!s. as they did
nciple of the Bill. It
t.icacy in acquiring a
►mbers in that House.
necesaary to discharge
'chequer in Scotland ;
olmiralty, it was said,
r the Honourable Mem-
maintained that the
) attend to the interests
none nor less than t►ro.

Mr. Wilberforce, and
dments.
) said a few words ►s
) the Bill.

ithdraw, but the Mem

o read ar first tiros. Oa
second time,
me observotions, which
be Gallery; after which
second time, and were

-

•x

t..•....y.,,..~

of g„giloal.—(Hear, hear.)—Here then was this
Beide-tweet Committee, erecting itself into a great
body or the State, taking upon itself all the authority
of law, and issuing its mandste to the whole of the
Magistracy of the kingdom.—(Bear.)--But what was
the object of the important document so issued by this
options and absolute Committee? It was first to
instruct the Magistracy of England as to the nature of
political libel; next it inclosed the copy of a pamphlet,
written and published by the said Committee, con-
taining their opinions, or in other words a digest of
die law of libel, for the guidance and instruction of
the Magi ,trates.—(Hear, hear.)—This might in itself
be csaisidered as a foolish and officious intermeddlitig
with public justice, but it was followed by a most ex-
traordinary circular. 'f his Society stated, and lie did
not mean to deny the fact in certain cases, that it was
lewbil fur one or more persons to prefer a Bill of in-
dictment, bet when Bills of indictment were preferred
by large bodies, having considerable funds at com-
sod, the (location assumed a different shape. It was
true that many societies instituted for different put-
rut, imposed and exercised the right of preferring
of isonctioent in certain cases—but here was a
Society, whose proceedings must excite considerable
suspicion, who went to supersede altogether the office
of the Attorney-General, by preferring Bills of in-
clirziuent ; and who, not satisfied with that, undertook
instruct the whole of the Magistracy of England in
their date, What was this Committee about?
Was their conduct legal or was it not? He
w.„.1,1 leave the House to judge from the cit.-
calar ; it commenced thus :—" J. B. Sharpe,
Honorary Assistant Secretary to the Constitu-
tional Auociation, 6, Bridge-street, Blackfriars." This
WAS the Circular Address to the Justices. Sir, lam
directed by the Comaatttee"—by what Committee ? by
whom was that Committee appointed? but it appeared
that Ihe Nlagistrates were bound to know from what
Comaiittee this instruction had emanated. In fact, the
t'matnittee was talked of in the same manner as Mem-
lers in that Home talked of the King, or of the Privy
Council, or of any other power or body who had a right
to issue Proclamations to the public. The Circular went
is to state, that " In pursuance of the 4th Resolution"
(of which Resolution, it was of course presumes! that the
Magistrates had received due notice), " we have insti-
tsted several prosecutions against persona who sell li-
bellous publications ; some of those prose.oitions have
been abandoned upon the accused parties having ex-
pressed their contrition for the offence." In God's name
to whom? Was it to J. B. Sharpe, the Assistant Honor.
ary Secretary, or was it to the whole of this precious
Committee, who, upon a proper expression of contrition,
were graciously pleased to stay all further proceed-
in s by entering a uoli proseimi.—(lrear hear.)—
.‘ And upon their surrendering, upon with, an account
of their remaining stock of the libels or caricatureein
torstion, anti also upon their entering int.i an engage-
ment not to embark in the sale of such matters in fu-
ture."—(ilear, freer.)—Noce did any mortal ever hear
of such an Association ai this before ;—did any body
ever hear of earls a confederacy and conspiracy to pro-
/frills ell an.! sundry who sold such publications, and
bring them to certain ruin (for it was certain ruin to
grapple with persons so supported) unless they made doe
submission to J. B. Sharpe and Co. of No. ti, Bridge-
street, Blackfriar., and iinless they gave up upon oath
the whole of those public st;ons, of the criminality
of which the said J. B. Sharpe and the Committee
r ere to be the sole judges.—(fries of " Hear, hear.")—
And now he should like to be informed, if their was any
Members of that Association near him, upon what autho-
rity that oath was to be taken? In this country, where
it molar Government still appeared to exist, we had the
Attorney-General. who had not hitherto been found
backward in instituting public prosecutions;—we had
also the Secretary of State for the home Department,
who had not been at all backward in enforcing the law,
or in issuing circulars and instructions to the Magistrates
of the Country ; and though the consequences of these
tirculars might have been severely felt, still there was
not any man who would not prefer them to the instruc-
tions of this self-constituted body. This being the case
then, lie desired to know upon what authority this self-
constituted Association took upon itself to issue circulars
to the Magistrate'? They first associated, they next
subscribed—they then promulgated their opinions, and
lastly, they became prosecutors of all persons who pub-
lished what they (the Committee) conceived to he a
unless such persons expressed their contrition to
he knew not whom, and made oath as to certain facts,
before he knew not what authority.—(llear.)Their expo-
sition of the law of libel had been served upon every shop-
keeper, and those who relinquished any further sale were
exempted from their vengeance; and the Circular fur-
ther stateil, that in no case was prosecution commenced
Inv a few days after the notice, in order to give time to
lit parties to express their contrition. Under these cir-
tenistances, it stated that should the party persevere,
that fact might be urged in aggravation of punish-
ment. His contempt of Mr. J. B. Shortie and the Bridge-
street Centinittee might be pleaded in aggravation.—
(Hear, hear.)—Now it might possibly happen, that Mr.
J. B. Sharpe and the Committee were mistaken in their
interpretation of the law of libel, and that the unfortu-
nate trader was more innocent than themselves of vio-
Witt( .the laws and constitution. The circular proceeded
to state, that, in furtherance of the ends of justice, a no-
torious °reader, as they now described him, was about to
be tried at Manchester. It was, no doubt, in order to secure
to him the benefit of a fair and impartial trial, that they
hail thus denounced hiin to the Magistracy of the county.
He was inilisceti to bring this subject once more before
the House an seeing that 40 Peers of the Realm had
anisseribed their names, and exposed them to be made
*eh unworthy use of against those who were prosecuted
by such Attorneys. The proceeding was, in every re-
*Peet, of the most objectionable character. It was cal-
(ll4M to poison justice in its very source and fountain,
and to call up the angry passions in that very class from
'*high Jorvinen were chosen.--s-(Hear.)—He should like
to know what chance that poor man could hare who
lived and was to be tried in a neighbourhood where a
Noble Lord, whose tenantry were to be his Jurors, bad
sobseribed to this Association? He was disposed to feel
ibis the more, as he had heard a person of high rank
sad Krrst influence in one of the counties observe, upon
stein the name of a Nobleman of the same comity

among the subscribers, " None of the tenants of that
Nobleman can be fair Jurtirs upon such a trial." He
bad no hesitation in stating where the remedy for all
this evil lay. It lay in the power
.of the Attorney-Ge-
neral to discountenance all such prosecutions, by enter-
ing a moll prosequi. That should be done without wait-
ing for an aggravated case, for by being followed up in
all instances, it could appear invidious in none. He
hoped that the House would pardon him for this intru-
sion, as he was induced to it by a proceeding which he
considered more dangerous to the liberties and Consti-
tution of the country than any other that had come to
his knowledge of late years.---(Hear, hear.)
Mr. SCARLETT begged leave to say a few words
with respect to the illegality of this Association. The
motives of the Gentlemen were probably such that
one would not wish to treat them harshly, hut their
proceedings were contrary to the law of the land. In
individual cases, the party aggrieved war allowed to
be the prosecutor by the law of England, but where
the public was the party, the prosecutor was the Go-
vernment itself, and the Attorney-General was the
recognised agent of that Government. It wa■ pro-
bable that these Gentlemen did not mean to stigmatise
the Attorney-General, but the effect of their institution
was to do so by implication. The cases which called
for prosecution, could be better judged of by the Go-
vernment than by any set of men; and he was certain
that there was no person who considered the subject
in a legal or constitutional point of view, but would
agree in what his Hon. and Learned Friend had stated
respecting it.—(llear, hear.)
Mr. WAILRE agreed in the condemnation of the
Association as illegal and unconstitutional.
The Marqness of LONDONDERRY questioned the
propriety of any discussion as to what the Attorney-Ge-
' neral ought or ought not to do, in the absence of the At-
tornev-General.—Without entering into the legality or
constitutionality of the Association himself, he could
not but expects his regret, that if it was of such a cha-
racter, the mischief of the principle did not flash upon
their minds before, when Missionaries were sent down to
prosecute :mu, not for libel, but to death ; and great
names appared to the subscriptions, which were as like.
ly to warp the minds of the Jury as in the present is-
stance.--(Hear, hear ! from the.Nlinisterial Ilenclies.)—
But all their s( iisibility was reserved for the crime of
libel, and Cite name of Constitutional Society was an ag-
gravation of the libel which had called forth such a dis-
play of constitutional ami legal learning, as they had
never favoured the House with upon any former OCCA.
sines. _ _

Sir J. SEBRIGHT entered his protest as a Magis-
trate against the presumptuous, illegal, and unconstitu-
tional proceedings adopted by that self-ronstititted So-
ciety in their Address to the Magistracy of the country.
Mr. BM/I:WU )1 rose amidst loud cries of spoke!
spoke'. and Chair! ('hair! At length lie was:permitted
to proceed. The inconsistency, he observed, with which
the Noble Lord had charged them, was only unfounded
in fact, there being no resemblance or analogy between
the case which he hail accused them of passing by, and
the one of which they now complained. He thought he
had guarded himself against that in the first instance,
for be had stated at the outset that he did not deny the
legality of one or more persons joining to prosecute in
a particular instance, bet here was an institution esta-
blished on a systematic plan of prosecution fatal to the
liberty of the -

°tier, that he would
ig in a Bill for regetat-
Poll at Elections in tint
trould perhaps have no
i a first time to-morrow.
be postponed to a Inure

)N DERRY moved fa*
ing the Repurt of the
he qnestion being pla--*
ASSOCIATION.
felt it his duty to call
second time to the re-
calling itself •% Cunstits-
ny law, and acting 4olell
burin.—(Near, bear.)--
urprise at tke nature and
at that surprise was mach
.otne to his knowledge
lle held in leis hand the
rb,igis had been not only
sabers id• the Association. .
hown to the Constitutive,.
Of the Laild,ll;ill daNd
tholv of theIRO

THE STAi'ESliiikli

II

$l.ll WATIR AT Lemlow-i
Morales 111 mitt. after 2.-1

.*o-tieaeow.
IS min:after L

....
illoLT Tut; asaime--Hoaldiy at the Public Olives.

.6

LTIIII WITII " 111111

• .

—.aeration, and an attempt was made to di I'll
feelieg of the House on. the propriety of having a
separate Bill to appoint the place to which the Rlective
Franchise should be transferred. Some difference of
opinion having been asec' rtalned, with some danger of
losing the chief object of the measure in referring
the matter again to the Lords, the amendments were
then read a second time and agreed to. Among.
other matters that were brought forward in the
course of the evening was a Resolution by Mr. M. A.
Tavton, that the House would, next Session, take into
its consideration the state of the Conn of Chancery,
and the Appellant Jurisdiction of the Lords, with a•
view to the introduction of arrangernents for facili-
tating the general dispatch of business. Its former
times, when the country was very different from what
it is at present with regard to population, property and
pursuits, that Court might have been fully competent
for its intended purposes; but new, notwithstanding
the distinguished industry of the Noble Lord who pre- •
sides it, an accumulation of causes has taken place
which no single Judge, however gifted with activity
and talent, can in doe time overtslte. In the House
of Loeb, too, as a Court of Appeal, asituilar accumula-
tion mite occur ; and in 1411, when the Hon. and
Learned Member bronelit the state of it before the
House, there were pending such a number of suits as
could not be heard for ten years to come In
Vie year 1819, when the same persevering gentleman
lirought under consideration the business of the Court
of Chancery, it was found that the effects of suitors
in that Court, amounted in the preceding year to more
than thirty-three trillion+ of money. This amottet
had been gradually swelEng from the year 1;56.
when it did not reach three millions. W hence comes
this striking difference? From the augmented slumber
and activity of tl.e people, we are ZW.itr, in Fat,
conjoined with a corresponding increase and intricacy
of property; lint at the saute time, anti in no smlll
degree, from the tedious and complicated operation of a
system which was intended for the protection and ecru-
table distribution of that very property which it thus
absorbs. la the very frame of society, as at present
constituted, and by the construction s.f the laws under
which we live, there are circumstances that arise and
compel men, without the concurrence of (Ilea will, or
the consultat' of their judgment, to resort to
the tribunals of their country fur the defence ur asser-
tion of their violated rights. The law itself by its statutes
and decisions entangles no small portion of those par-
ties involuntarily, and unconsciously, into its mazes. Its
forms are calculated, in many of its branches, toelude the
views awl protract the disappointment of its suitors;
and that which ought to he the shield of the weak atil
solace of the injured, often proves the instrument of t,r-
tore
to the mind, and exhaustion to the property of its
innocent and reluctant applicants. Whatever tends to ex-
pedite or simplify the operations of law, is a benefit of
great and extensive magnitude to society ;and the efforts
of Mr. M. A.TAY Lon in these respects, are deserving of
the highest praise. Though unsuccessful is his mo-
tion last night, the numbers that supported it wero
such as to encourage perseverance in the attermt.
On a division, there were fur the motion, fit, fur the
-evious question, 5.1.

It is siid that Mr. Gooch and his party, who seek
to remove the distress of the farmers. sot by the repeal
of ta‘es and the natural reduction of rent, tithe, ists4
poors'-rate, but by the exclossion of foreign competition,
are in a minority in the Committee.
On Monday last, a party of felons from Hereford.
wader sentence of transportation, passed through Glou
cester with colours in their hats, shouting and button-
ing, with all the spirit of voters returninot from a con-
tested election. So much for the personal improvement
produced by prison discipline, fur the amelioration of
the Criminal Code, and for the terror of one of our
principal punishments'. These convicts were verily
trawl:porta.

SPORTING INTELLIGENCE.

YORE %IMMO MEETING, MAT SO, 1821.

Sweepstakes of 30r. PI% oh. lOgs IL for 9.yr-old colts, Sat. 3115.
fillies, bit.—T. Y.C.
Mr. Watt's b. f. Sister to Tramper. (J. Jackson.)
Mr. W. Peirse's b. r. Boron Bowes
Mr. litimphrie's b. 1. by Woful
Mr. Lambton's eh. e. by Leopold
Lord This b. c. Tristram Shandy
Sir 11. Nelthorpe's b. c. by 4
paid. Cerventes
Eren on and 3 to 4 art Mr. Watt's b. f.-3 to I agst
Baron Bowes- -2 to 1 east Neltborpo—Won oily.
The Shorts. -.1 Sweepstakes of AUgs each, b. ft. for 3-yr-
olil colts. est. 31b. fillies, est.—Last mile.
Mr. T. 0. Posh-it's eh. f. Marigold. by Comas - • - I
Mr. Riddell's h. f. by XY Z. out of Swistoo's dam •
Mr. C. Marson's ch. e.by Ardrossen, out of Remembrance
Two paid.
Even anJ 6 to 4 on Mr. Riddell's b. f. art the geld —7 toll
agst Ardrossan.-2 to I agst Marirold.—A good race.
Match for 200 guineas each, h. ft.—Two miles.
Mr. Lawson's b. as. Jenny Horner, aged. 10st. -- I
Mr. J. Ferguson's cb. b. Joker, by Octavian, 6 years
old, lest.
7 to 4 on Jenny ilornor.—Won easy.
The Gold Cup, value 100 guineas, by a subscription of 20gs.
each. (the surplus to be paid in speck.) for horses, Sc.
of all ages ; three years old to carry Est. 41b.; fear. ist.
191 b.; Sae, est. 71b.; six and aged, est. 121 b. —Two
miles.
Sir E. Smith's ch. c. St. Patrick, by Walton, 4 yrs. old - I
Mr. P. Watt's br. c. Berganii, by Cerberus, 4 yrs. old -
Mr. Lambton's gr. h. Coeval. 6 yrs. old - - - - -
Sir J. 11. Mazwell's Fair Helen.
Mr. Brandling's ch. f. Woodbine, 0
Sir W. Maxwell's b. b. Archibald, - - - .
Mr. Otscoigne's b. h. Cardinal Wolsey, - -
-
Mortimer, the Juggler, the Laird, and Air Walter paid.
6to 4st Patrick.-2 to I apt Cardinal.-4 to I eget
Consul.-to I agst Arcbibalery easy.
Sweepstakes of lOgs. eta. for horses. itc. not tbormgb
bred—Two miles.
Mr. Pelbsm's b. g. Smallhopos. 6 yrs old.
Mr. Rowley's b. g. Burr.by, by Ploughboy. 4 yrs old • .
Mr. Worsley's b. g. ltkipjaek. by Kite. aged . X
Mr. Brown's ch. 1. by Yellow-Haird-Laddie, 4 yrs old.. 4
Two paid.-7 to 4 against the Wiener.
Sweepstakes of 20 gs. each, for three years old Silkiest.
Sri—Last mile and half.
11r. Bradling's eh. by Comes, dam by Patriot
Mr. Otimston's black, by Sir Malagigi
Lord Milton's ch. Civet, by Cervantes • • 3
Lord Scarbrough's be. by Casson. colt of Ilantiviittt 6
Mr. Watt's bay, Lunatic, by Prime Minister -• • -
Mr Duaeombe's br. by Smolcsako, out of Cello • • - 0
Three paid.
Even on Mr. Brandling's cb.—Wor Mfr.

t.
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II I