injury to private feeling, or the public peacements.
and happiness. Subject to this restriction, the
law of England allows every man to publish
what he pleases. He must, however, be cau-
tious, that he does not make this privilege a
cloak to cover a malicious intention.

There are punishments, the nature of which cannot properly be discussed. Supposing a punishment to be a capital punishment, it is a grievous thing to considerit is most mischievous and painful to the feelings of the relatives and family of the individual. If such a topic was to be discussed in an inflammatory way, you might be

Gentlemen, we are placed in a most anxious and awful situation. The liberty of the country-every thing we enjoy-not only our free-electrified-no man can say to what extent he dom as a nation, but the freedom of every might be disabled from discharging his duty, man, depends upon our fortunate resistance where the question was life or death, if his to the arms of Buonaparté, and the force of feelings and sensibility were to be so strongly France-which I may say is the force of all worked upon. It would disable those even Europe, combined under that formidable foe. whose duty it is to pronounce the law, and to It becomes us, therefore, to see that there is not, draw the attention of juries to issues of that in addition to the prostrate thrones of Europe, description. Therefore, it is not cutting down an auxiliary within this country, and that he the liberty of discussion, to require that such has not the aid, for the furtherance of his subjects should be discussed moderately, and object, of a British press. It is for you, that a person, in the exercise of an allowed between the public on the one hand, and the sub-right, should not create more mischief than ject on the other, to see that such a calamity does not take place.

he attempts to remedy.

Upon the subject of the present libel, I will advert to the terms of it, and put it to you, whether it is a fair discussion of the subject, or whether it is calculated to inflame the passions

It is competent for the defendants to discuss every subject of public policy; but in proportion to its importance, every man must take care that no collateral mischief arises out of to induce the soldiers to believe they are what he publishes.-We have had stated to us worse dealt with than the soldiers of Francethe publication of an excellent officer near me, to blunt their resistance to the forces of Buonaand brigadier-general Stewart, who is yet liv- parté, and to place us on one side in unjust ing (for the attorney-general was mistaken contrast with the military of France, and other when he supposed him dead.) Both those countries. Now, first, as to whether this is officers, in their publications, have commented temperate discussion-reasoning in the temper on the subject of military punishments. In of sir Robert Wilson? Why! is this the way the presence of one of them, I have no diffi- of temperate discussion? The first thing that culty in saying, that he would have done better strikes one is this-" One Thousand Lashes !" if he had imposed more of a guard upon his in large letters. What is that but to attract observations. The purity of his purpose no the mind to such a punishment as one thousand one can doubt. He addresses his observations lashes-to pourtray it as a circumstance of to the minister of the country: but I think he horror, and excite feelings of detestation against would have done better, if, on a subject of those who had inflicted, and compassion for such extreme delicacy, he had made his com- those who had suffered (apparently suffered) munication in a more private manner. For, such a punishment?-for it appears to have consider the inflammation-the irritation that been executed only in part. Then, as a text may be excited by such observations in the to comment on, the defendants say, "The agminds of soldiers, on whose fidelity to the gressors were not dealt with as Buonaparté customs of the country every thing depends. would have treated his refractory troops." It would have been more cautious in both Now, they begin, you observe, not by discussthose honourable officers, and would haveing the subject in general-not by saying that been attended with less irritation, if they had discussed the subject with Mr. Pitt, in a more private form. The subject of military punishment is one which we cannot but suppose to have undergone the full consideration of the excellent persons, who, at different times, have had the command of the British armies. It is a subject which comes home to the bosom of every body-and we must suppose that those who are full of honour and feeling, have not neglected to take such a subject into their consideration. The question of enlisting for life has undergone the anxious consideration of different governments; and I know that the opinions of all the general officers have been collected individually, respecting the policy and expediency of enlisting for life. I cannot say whether any questions have been put to them on the subject of military punish

it would be better, with a view to the moral
feelings of the army, if ignominious punish-
ments were done away; they begin as if there
had been some excesses which ought to attract
attention to the punishment.
"Corporal
Curtis was sentenced to receive one thousand
lashes; but, after receiving two hundred, was
permitted to volunteer into a regiment on
foreign service." It does not say what he was
punished for-it does say what the other was
punished for-" William Clifford, a private in
the 7th royal veteran battalion, was lately sen-
tenced to receive one thousand lashes, for re-
peatedly striking and kicking his superior
officer."-I should have thought that would
have been mutiny punishable with death; and
whether the punishment was a commutation
for death, I do not know.
If there is any
crime that shakes the foundation of military

are familiar to you. The local militia is a service of the same nature, but for a shorter time. This is the sort of force we resort to-a general ballot.

subordination, it is that of striking a superior and severity." Then it is admitted that there officer. Then they say, "A garrison court- must be a greater degree of severity; and the martial has been held on board the Metcalf question is only, whether it should be of this transport, at Spithead, on some men of the 4th description, or death; and if it be a temperate regiment of foot, for disrespectful behaviour to discussion, there could be no question more their officers."-And, without saying how much proper for consideration. But you will collect punishment was inflicted on one or the other, the motive from the fairness of the statement. he accumulates them; he says, " Two thousand If it is a fair balance of the account between six hundred lashes were to be inflicted among Buonaparte and us, you may be inclined to them." Then they take another-" Robert think it was not written with a bad motive. Chillman, a private in the Bearstead and Mal- "Buonaparté is no favourite of ours, God ling regiment of local militia, who was lately wot!" I do not know what that means-" But tried by a court-martial for disobedience of if we come to balance accounts with him on orders, and mutinous and improper behaviour this particular head, let us see how matters will while the regiment was embodied, has been stand. He recruits his ranks by force-so do found guilty of all the charges, and sentenced we" Is that fair? What is the mode by to receive eight hundred lashes, which are to which the army is recruited in this country? be inflicted on him at Chatham, to which gar- The regular army is not recruited by force. rison he is to be marched for that purpose." The militia is only that service which every These they profess to be extracts from the Lon- man is liable to by the common law of the don newspapers. They have taken from all land. Antecedently to the formation of a rethe London papers those sentences to which gular army, every man was obliged to stand they wished to attract notice, as being excesforth for the defence of the country. The duty sive and severe then they begin-they say, which was performed formerly under a com"The attorney-general said very true; these mission of array, has since, by the establishaggressors have certainly not been dealt with ment of the militia laws, been thrown on the as Buonaparté would have treated his refractory more capable; and persons, with certain extroops." And in fact, all that follows is a con- ceptions, are ballotted for. They learn for a trast in favour of Buonaparté, and the mercy limited time the military exercise; and are subexhibited by him to his troops, and the tyrannyject, during that period, to the provisions which exercised towards the soldiers of this country. They say, "Here alone, in this land of liberty, in this age of refinement, by a people who, with their usual consistency-" that seems to be a fling at the consistency of the country at large "have been in the habit of reproaching their neighbours with the cruelty of their punishments, is still inflicted a species of torture at least as exquisite as any that was ever devised by the infernal ingenuity of the inquisition."Is this temperate discussion? Is this a way in which the reason can act for itself? Is it not inflammatory discussion which overpowers the reason? They go on-" No, as the attorneygeneral justly says, Buonaparté does not treat his refractory troops in this manner. There is not a man in his ranks whose back is seamed with the lacerating cat-o'-nine-tails. His soldiers have never yet been brought up to view one of their comrades stripped naked, his limbs tied with ropes to a triangular machine, his back torn to the bone by the merciless cutting whipcord."-And so it goes on, pourtraying the circumstances that belong to military punishment. Then they say-"Let it not be supposed that we intend these remarks to excite a vague and indiscriminating sentiment against punishment by military law:-no; when it is considered that discipline forms the soul of an army, without which it would at once degenerate into a mob; when the description of persons who compose the body of what is called an army, and the situation in which it is frequently placed, are also taken into account, it will, we are afraid, appear but too evident, that the military code must still be kept distinct from the civil, and distinguished by greater promptitude

Every man who is at all acquainted with the history of the two countries, knows that nothing can equal the rigour with which men of every rank and station are treated in France. There they are all drawn out, and forced to servehow? in defence of their own land? no; they may be carried to Spain, to be opposed to the British troops, and be made the instruments of the most ambitious man that in these times has been created. But it does not end there; it is not the mere individual-any relative, who endeavours to withdraw him, is liable to punishments of such horror, that any one who reads the code of conscription, will say it exceeds every thing in the shape of a rule of law. The parents are doomed to linger out their lives in the gallies, or imprisonment. It is a matter of general history that the military system in France is of the most cruel and malignant infliction-Is the balance of the account then stated fairly?" He recruits his ranks by force -so do we." Is there any parallel between his force, and the mere balloting for the militia?-for that is the only instance of force which applies to the defence of our land. Then the writer says, "We flog those whom we have forced-he does not. It may be said, he punishes them in some manner-that is very true. He imprisons his refractory troops, occasionally in chains, and in aggravated cases he puts them to death; but any of these severities is

preferable to tying a human creature up and cutting his flesh to pieces with whipcord,"

effect of our military code? If it be expedient to change it, we hope and trust that those who occupy places in the legislature, or places of trust, will pay attention to the subject. This publication is not to draw their attention to it, if the evil be remediable; but seems intended to attract the attention of the military, and to induce them to consider themselves as more degraded than any other soldiers in the world-to make them more reluctant soldiers, and less ready to serve us at this awful crisis, and render the country that assistance without which we are collectively and individually undone. I leave you to say, coupling the con

Then he goes into an irritating detail of the miseries which do arise from this punishment, and which do harrow up the feelings of men who consider them in detail. It is an evil that has subsisted in the eyes of the legislature, and of that honourable body who constitute the officers of the army, and it has not been remedied. If there are persons who really feel for the private soldier, why not endeavour to remedy the evil by private representation? But when, as at this moment, every thing depends on the zeal and fidelity of the soldier, can you conceive that the exhibition of the words "One Thousand Lashes," with strokes underneath to attract attention, could be for any other pur-text with this balance of account between pose than to excite disaffection? Could it Buonaparté and us, whether this publication have any other tendency than that of prevent- has not a tendency to produce the mischief asing men from entering into the army? If you cribed to it. feel it is of that inflammatory nature, it is for you to say, whether you can do otherwise than consider it as a means to promote the end it is calculated to produce? I hope, if it is an effort of this sort, and that its object is to discourage the soldiery, it will be unavailing. These men, who are represented as being treated ignominiously, have presented a front, and successfully, to every enemy against which they have been opposed.

I do not carry your minds to any particular army; but on what occasion do you find the soldiery of Great Britain unmanned by the

Gentlemen, it is generally expected that, under the suggestion of the act of parliament it is not peremptory on me-but it is generally expected-that I should state my opinion:-I have no doubt that this libel has been published with the intention imputed to it; and that it is entitled to the character which is given to it in the Information.

The Jury withdrew, and after remaining in consultation two hours, returned a verdict by which they found both the Defendants Nor GUILTY.

686. Proceedings at the Trials of the CARAVATS and SHANAVESTS, under a Special Commission for the Counties of Tipperary, Waterford, and Kilkenny, in Ireland, before the Right Hon. John Lord Norbury, Lord Chief Justice of the Common Pleas; and the Right Hon. Standish O'Grady, Lord Chief Baron of the Exchequer of Ireland, in the Month of February; 51 GEO. III. A. D. 1811.*

THE Grand Jury having been sworn, Lord
Norbury addressed them, as follows:

Gentlemen; You are not surprised that the principal gentry and inhabitants of this great county are thus assembled at an unusual period.-After the many atrocities that have disgraced and disturbed it of late, you would have been justly discontented, if the government had been remiss or reluctant in giving immediate and active operation to the law, and an opportunity of appealing to the authoritative and protecting administration of justice against reiterated and continuing outrage. Notwithstanding that you have been heretofore visited at the regular periods of assizes, by the able judges whose wholesome admonitions have been given from this bench, with a view of reclaiming the licentious spirit of the tumul

tuous-notwithstanding the many strong and salutary provisions of the legislature to coerce, punish, and deter public and dangerous offenders-notwithstanding the many painful examples of capital punishments inflicted on unhappy delinquents by the sentence of the law -notwithstanding the alarming burst of a late rebellious insurrection, and the multitude that fell victims to it-notwithstanding the proud and manly exertions of the loyal inhabitants, who then vanquished and will for ever subdue the destroyers of public safety and domestic comfort-notwithstanding the restoration of general tranquillity by the wisest measures of government-notwithstanding the merciful magnanimity of a gracious and good sovereign, and temperate legislature, in giving pardon and amnesty to a deluded and infatuated rabble, we still have cause to lament, that insidious and wicked men have continued to seduce the unwary, and to plunge into dangerous associations, under the blasphemous sanction of oaths, the unhappy men whose cases have caused you thus to be assembled. 'Tis wonderful how the characteristic credulity of the lower orders still continues to be duped by a few contemptible, depraved, insidious leaders, who are grown hardened, desperate, and practised in seduction-but pardon is ill bestowed upon the desperate.

into that copious catalogue which lies open before me, in Mr. Ball's most excellent index to our statutes, I find classed under the head of riot and assemblies, no fewer than ninetyeight distinct provisions, from Henry the seventh to this time, to control the prevalent mischiefs, as occasions arose for the necessity. For it has been well observed by the wisest men and the most humane judges, amongst whom was sir Matthew Hale, that from the vices and infirmities of men, the variety of unforeseen events, when offences grow dangerous, frequent, and enormous, so as to be dangerous to civil society, coercion, and punishment must be provided to deter the guilty, and protect the innocent; and such were the occasions that lately gave birth to the Insurrection and Convention acts. I wish that the first had not expired, and that the other was better recollected and more duly respected, when the spirit of dangerous sedition and illegal cabals and associations insult society, and openly defy the provisions of this salutary law.

In this county the parliamentary functions of Caravats and Shanavests, have promulgated the laws, have levied contributions and forces, and as the natural produce and effect of their councils and energies, they have excited the standard of their terror, and the plunder of arms is the audacious practice ;-nocturnal and It has been observed by the historian of a barbarous outrage has been let loose, and a former period, that no grace will quiet such paltry banditti, of the lowest description, and restless minds. Men, long inured to rapine insignificant when openly opposed, has inand sedition, contract inveterate habits; no flicted the cruelest torture on the peaceable experience of miseries, which attend their and unprotected cottager-and, shameful to erimes, and ruin which constantly follows, can tell, the native chastity of the females is unideter them from attempting new mischiefs; versally violated by licentious brutality. The but with your co-operation, and that of the cries of the distracted mother, and the tortured virtuous and spirited men of this country, we father, the shrieks of the violated daughter, shall give new and warning proofs, that this have pierced the attentive ear of government; insurgent spirit shall be put down by the ardu--that government calls for your co-operation, ous efforts of the law, without departing from and I tell you that the law is strong enough to the benignity of its principles. În conversa- assist you. tions with some of the magistrates of this county, complaint has been made, that their power has been lately curtailed by the expiration of the act, commonly called the Insurrection act. It is not becoming to impute culpable omission to the legislature; but I trust that in its wisdom, the revival of that law which was found salutary in its practice, and which I never heard of being made bad use of, may again enable (so long as insurgents exist) the magistracy and resident gentry to protect the innocent from that nocturnal outrage which has so deeply injured the character, credit, and comfort of the country. But let us not complain of the want of legislative provisions. Although I hold in my hand so alarming a calendar of men incarcerated in your gaol, under the heaviest accusation for their various imputed crimes, I have also the Statute-book before me where various laws still exist, that are sufficient to meet and to punish those crimes, which, on due investigation, may be sanctioned by the authority of your finding indictments framed upon them. Upon looking

Gentlemen the statute to which I particularly call your attention, is the 15th and 16th of the king, a law to prevent tumultuous risings, commonly called the White-boy act. Some of you are not old enough to remember its history;-I lament to tell you, that it took its rise from the repeated outrages that disgraced this county at the commencement of his majesty's reign. Foreign emissaries were sent here to seduce and distract, as a prelude to an intended invasion by France. The French fleet was vanquished and destroyed by the invincible superiority of the British navy, and the insurrection was crushed by the valour and virtue of our country, which will for ever be predominant. The peccant matter still infested our quiet, which gave occasion to the law I allude to, and which has now existed for near half a century, and gives ample power to the magistracy, and to the administration of justice. The multitude of cases that have been adjudged upon it, are familiar to your experience-the number of sentences that have been awfully pronounced from this bench, should