The Statesman.
London, England, 1809-10-20 00:00:00

To the g DITOIL of TUE ST4TES IEI N.

Stu—lt is, I think, impossible for any reflect.
ing mind to view the nightly exhibitions at Covent
Garden Theatre, without serious apprehensions
,isf-ttir-ronsreptitees. There k Marty a seed sow.
kg, which inay spring.up, and ripen into bitter
trait. I love the laws and .constitution of my
' country, and wish hot to survive their total liver.
throw. Whilst those laws are purely and wisely
administered (and with a general reference to our
Judges and Magistrates, they were never more so
Mau at the peewit moment), are have not much to
fear. Yet wo mast not ?target that the citadel,
Owlish sound sad soh in itseif,nsay be endangered
by successful attacks ow the outworks. You wkll
observe, sir, that it is not liberty en this sub-
i.ct alone that I consider is danger, by an 'endue
ezerogi.e of Magisterial authority, but the vital
existence of the very laws themselves. I mean
nut to affirm that the itlagistrates, in the recent
commitments, have exceeded their authority, but
I think there have been some extremely aggra.
voted cases—in which, if they haat iseen a titti,
.more itsflueneed by the spirit cif moderation, with'
sagard to bail, they *arid hare meted inure con.
foriaahly to the spirit of the British .Constitution
than the poblie sera to think they have ilone.—
That a man commits a breach of the laws of the
land by hissing, hooting, whistling, or speaking,
in disapproval of any thing brought forward at a
public Theatre, is to me quite a new, and indeed
a dangerous adrift ; but the Neer, arrogated
to themselves by those very igiorant, brutal, sad
self-swfiteient men, the Police Wirers, under
Ms sanction of their superiors, becomes truly
Silisting. Lord llatastield, on foes-mho' of the riots
fel 1790, laid it down as the laW of the land, that
leery: man was a constable, and had authority to
Fsorrels those found in ass actual breach is? the
pewee; and I apprehend (hat the Bow.ttreet
°Marrs are radioed with no higher authority.—
Yet it is asserted, that in many instances, they
hare lately deprived the subject of his 'abet..
ty, a considerable time after the fact, or sup-
posed breach of the peace, • withowt a warrant or
any authority, save their ou-n mill. ILI this he
so, I of before the tribunal of she public, and
of the country, thit they have giossly violated the
lew. But to put the matter at ogee to the test,
I ask Outs publicly, by what authority was Sa-
muel Dudfield deprived of his liberty on Tues.
day night, at the corner of Cieil.street ? lied the
officer a warrant i33ueil in consequence of em In.
'formation upon oath? Should she liberties of
the subject continue to be thus violated rsith ha-
! punkt', there is ass and of our busted Constitu.
lion, amt.. therefore have I truubleJ you on the
prcacal UCCiiiivl3.

81. N I:X.

On the subject of Ilb+s Letter, we think
there can bc• very Mils doubt that Mr. Samuel
Diadfield will recover in an action fur false impri-
sonment. Ha& he been sei:rd in the act for
which he was conernittedtthe sacra was justified—
admitting, for the sake of argument only, that
the address to the audience was a breach of the
race. But whether a breach of the peace was or
was not committed by that Act, we perren but a
c.instable armed with a warrant, which could
only limo upon the oath of some person to the
Ger, had authority to seize Samuel Detrik•hi at
lay period sabrepcnt to the commission of the
act♦. And we are convinced that if he had made

resistance, and in such resistance killed the man
who seised him, he would not have been guilty of
ashler. In corroboration of this opinion, we beg
to quote a ease that was tried a few years aka at!
the Old Bailey. At a public house in Nightin.'
releaufset a person of notorious bad character,
after having knocked down and ill.treated many
persnos in the room, at length became so out..
ravens, that the landlord scot fir a constable;
bet wilco the constable arrived, the man (whose
name dues not occur to as) having exhausted
his rage, was perfectly quiet ; the constable,
however, took hint into custody. As they
were proceeding to the Magistrate's house,
OUD Prisoner drew a pen-knife, and stab-
red the constable in the breast ; and, twist_
in; the knife in the wound, exclaimed exultingly,
46 There, you bloody villain, I have done fur
you he After the evidence fur the prosecution
.was closed, Mr. Justice Govs.n inquired whether,
4141 COrittibt4l had a sarrant p To whit+ it wad
seswered, that he had not. 64 Then," -says Mt.
Justice GOULD, "sorry I am to say, 1114 font
and cruel as was this killing, the Prisoner cannot
be found guilty of Murder; for ac was st/t/nw.
full" deprived of his freedom"
Mr. Jestica Gom), oat tha occasion, laid it
Mews as lam, that ne man, whether a Constable