course of peace which subsisted between them, I I conceived to be the object and tendency of this honest zeal, though even with some degree of freedom approaching to licentiousness. Nor is it a prosecution for a piece of Rippancy, of insolence or impudence on those who are the bjects of it, and on which account it might be treated with contempt. But it is the case of a prosecution bringing into notice a publication, which, as it seems to me, must be considered originally, and from the first, as a livel and defamation that has defamation for its sole obiect, or at least for its best object, and its general object. The farther object of it, I think I shall satisfy you, is to excite the subjects of that magistrate whom our country recognizes, and with whom our country is at peace, to excite the subjects of that country to rebel against their chief magistrate, de ficto, and farther to excite them to his assassination and to his murder. That being the general object and character, which I ascribe to the publication I prosecute, I have to state to you, more particularly, that it is charged by this prosecution as having been published with the intention of traducing and detaming Napoleon Buonaparté; who is stated, as he is known to be, the First Consul and Chief Magistrate of France; between whom and this country, at the time of the publication, there was, and continues to be, peace and amity. That it was published with the intention of bringing him into hatred and contempt, not only with the subjects of this country, but with the subjects of his own; and for the purpose of exciting the subjects of that country to rebel against him, and to remove him from the situation of power, which he held; and farther, that it was published with the invention of exciting to his assassination and his death, and likewise with the intention of disturbing and interrupting that peace which exists between that country and this. With this intention it is charged to have been published; with this tendency it is characterized as having been published. Having stated the outlines and nature of this case as to the state of the question on the law, I do not think i am at all called on to state any general principle of law which may ap ply, or at least strictly to define to what extent The pleading being finished, and the evidence the government of a country, at peace with our closed, Lord Chief Justice Ellenborough addressed own, may lawfully be made the subject of ani- the Jury in the following words :-1 he matter in madversion. I am not now called upon to lay issue includes three things: Ist, the fact of pubdown such a definition, but undoubtedly there lication; 2dly, the truth of the allegations in the are some broad distinctions on the subject. I have record; and 3dly, the nature, quality, and tenno difficulty in laying down this: for instance, I dency of the papers themselves.-This informathink no man can suppose that I mean to con- tion is filed against the defendant for several pastend, that any publication professing to consider sages, that have been selected from the publicathe conduct of a foreign government at peace tion called the Ambigu, from the first and third with us, would be a libel; which, if applied to numbers of that publication. Several of these the government of our own country, would not be papers have been read, first in the French landeemed to be such. Though the province of the guage, and then in an English translation, the historian be the detail of facts, yet if he introduc- faithfulness of which does not appear to be mateed the fair discussion of the politician, or of the rially impeached. As to the first thing, the fact of philosopher, on the facts and events he detailed, publication that seems to be proved by the evidence even this, unquestionably, published fairly and of Mr. Deboffe, who published, and acted under bona fide, and not as a cover for slander and deta- the orders of Mr. Peltier, the defendant. It is mation: such a publication I should certainly ne- unnecessary to detail the particulars, because it ver think of deeming the subject of prosecution. does not seem to be matter of contest, that he was Put, if the case be this; if defamation be the the publisher under the orders of Mr. Peltier, and sole object of this publication, and if the publica- therefore he is liable, if these are libellous publition has the necessary, the direct tendency of ex- cations. That Napoleon Buonaparté was the citing that degree of jealousy and hatred in the Chier Magistrate and Fit Consul of France is country to which the publication is directed admitted. And that the relations of peace and against the country from which it issues, and to friendship subsist between us and the French Realienate the dispositions of that country from our public, and did so at the time of these publicaand consequently to interrupt the inter-tions, is also admitted. And, indeed, they were "if you must yield to the destinies, Rome, in this capable of easy proof, if they had not. Their notoriety seems to render the actual proof very unnecessary. The next, and only remaining material point for your consideration, is, the nature and quality of the publications themselves. It has been attempted by the learned counsel for the defendant to represent them as ironical and satirical papers, written as against some particu-er of their government, which had been used · „h lar factions in France, and not immediately direct effect against Cæsar, the usurper of the Roman ed against the character and person of the First Government?———And, in another part of this Magistrate of that country. It will be for you to publication, he says, "As for me, tar from ensay, on the fullest consideration of all the circum- "vying his lot, let him name, I consent to it, his stances of this case, whether you are not satisfied" worthy successor; carried on the shield let him these papers do contain matter reviling and high- "be elected Emperor. Finally (and Romulus rely reflecting on that considerable magistrate, and "cals the thing to mind), I wish, that on the hold out a direct incitement and encouragement "morrow he may have his apotheosis. Amen.” to assassinate his person.--Gentlemen, it is my -This is a direct wish, on the part of the pubduty to state to you, that every publication that lisher of this work, that if he should be elected bas a tendency to promote public mischief, whe- Emperor of that country of which he then held ther by causing irritation in the minds of the sub- the government, his death might be instantajeets of this realm, that may induce them to com- neons, or that his destruction might follow on the mit a breach of the public peace, or whether it next day. Every body knows the supposed story may be more public and specific, and extending of Romulus. He disappeared; and his death was to the morals, the religion, or magistracy of the supposed to be the effect of assassination. Now country-these are all cases of libel. But more this seems to be incapable of equivocation, if the particularly, as in the present case, by defaming words were equivocal, and could bear two conthe persons and characters of magistrates and structions, I should advise you to adopt the mildothers in high and eminent situations of power est. But if these words can bear this sense and and dignity in other countries, inconsistent this only, we cannot trifle with our duty. We with amity and friendship, expressed in such cannot invent or feign a signification or import, terms and such a manner as to interrupt the which the fair sense of the words does not sugamity and friendship between the two countries gest.-Gentlemen, upon the whole matter, on every such publication is what the law calls the best consideration I have been able to give a libel. Cases of this sort have occurred within these different publications, it appears to me, the all our memories. My Lord George Gordon direct an indirect aim and tendency of them (notpublished a libel on the person and character of withstanding the very ingenious gloss, and colour, the Queen of France; and another person pub- by eloquence almost unparalleled, by which they lished a libel on the late Emperor Paul, in both of were defended), was to degrade and vilify, to ren which cases there were prosecutions. In the first der odious and contemptible, the person of the case there was a conviction and punishment fol- First Consul, in the estimation of the people of lowed. The other case went the length of a con- this country and of France, especially in the estviction, and in respect to the legal effect of both mation of the people of France, and likewise to these prosecutions, I am not aware it was ever excite to his assassination and destruction. That judicially questioned. And therefore I lay it down appearing to be the immediate and direct tendenas law, that any publication which tends to de- cy of these publications, I cannot in the correct grade, revile, and defame persons in considerable discharge of my duty do otherwise than state, that situations of power and dignity in foreign coun- these publications having such a tendency, in retries may be taken to be and treated as a libel, spect of a foreign magistrate, and being published and particularly where it had a tendency to inter- within this country, and the consequence of such rupt the amity and peace between the two coun- publications having a direct tendency to intertries. If any publication contains a plain and rupt and destroy the peace and amity between the manifest incitement and persuasion addressed to two countries, are, in point of law, libels. And others to assassinate and destroy the persons of in the correct discharge of your duty, I am sure such magistrates, as the tendency of such a pub- no memory of past, or expectation of future inlication is to interrupt the harmony subsisting be- jury, will warp you from the strength and even tween two countries, the libel assumes a still more course of justice. But your verdict will mark criminal complexion.Now let us look at the with reprobation all projects of assassination and Ode which is attributed to Chenier. This is im- murder. Consider likewise, how dangerous premediately prefaced by a declaration that he would jects of this sort may be, not discountenanced, collect all the materials he could employ on the and discouraged in this country: they may be reedifice he was to raise to the glory of Buonaparté, taliated on the head of all those whose safety is such as should be suitable to his glory; so that most dear to us. -Gentlemen, I trust your verhis object seems to have been to libel the charac-dict will strengthen the relations by which the inter of Buonaparté. It is not to be supposed these verses were written by Chenier. Such things often appear under feigned names; and it will be for you to say, whether these words do not import a direct incitement to the assassination of that M2gistrate-Oh! éternal disgrace of France! Cæsar 66 on the banks of the Rubicon, has against him, in "his quarrel, the Senate, Pompey, and Cato; and "in the plains of Pharsalia, if fortune is unequal terests of this country are connected with those of France, and that it will illustrate and justify in every quarter of the world the conviction, that has been long and universally entertained, of the unsullied purity of British judicature, and of the impartiality by which their decisions are uniformly governed.—The Jury, without retiring from their box, immediately returned a verdict of Guilty. PARLIAMENTARY DEBATES, FROM THURSDAY THE 3RD OF FEBRUARY (the Day the Houses met after the Christmas Recess), TO THURSDAY THE 30TH OF JUNE, 1803, inclusive. N. B. The Debates of that part of the session previous to the Christmas recess, will be found in the Register, Vol. II. from p. 1625 to p. 1800.-Observe also, that the Debates only are inserted here, and that Minutes of the minor proceedings will be found inserted in the several preceding sheets of this volume. See the Table of Contents for the several subjects and the speakers' names; alsó for the pages where to find the Minutes.-At the beginning of each debate, the Minutes of the proceedings of the day are referred to. HOUSE OF COMMONS. verse to the idea of suffering the Bank suddenly to resume its operation. Such was the case in the last session, when some of those Monday, Feb. 7. (See Minutes, p. 184.) [BANK RESTRICTION BILL] The CHAN- Gent. concurred in the propriety of continu CELLOR of the EXCHEQUER, pursuanting the restriction, because the course of ex to notice, rose to move for leave to bring change was against this country. A similar in a bill to continue, for a time to be reason, he remarked, prompted him on this limited, the act which prohibits the issue of occasion to move for a still farther continuance specie from the Bank. Île stated, that it was of this restriction. At present, the state of with the utmost reluctance he submitted this our exchange with Hamburgh was at parproposition to the House, but the reasons which with Amsterdam it was unfavourable. If hen suggested it were too strong, and the necessity our disadvantageous situation, with regard to too urgent, to be resisted. That necessity, exchange, was last session considered a sufhowever, he hoped would soon disappear; ficient argument for this measure, he would and, notwithstanding the opinions which had appeal to the candour and good sense of the gone abroad, and the new theories which, House, under the present circumstances of the within the last year, had taken their rise from country, when very little cash could be ex respectable quarters, and had obtained the pected from Hamburgh, and none at all from sanction of some very intelligent persons, he Amsterdam; when, in fact, no influx of bul(Mr. A.) anxiously and impatiently looked lion from the continent could be immediately forward to the day, which he trusted was not looked for, whether it would be expedient to far removed, when the Bank would be at allow the restriction to cease? He would also liberty to resume its payments in specie. As ask, as it was found necessary to permit the to the grounds upon which the expediency of issue of country bank notes, whether the the restriction originally rested, he did not now | sudden issue of cash from the Bank would not think it necessary to discuss them, though he produce a run upon the country banks, and was fully persuaded of the wisdom which sug-a consequent run upon the Bank of England, gested, and the forcible considerations which which might be productive of the most serious led to that measure-still less did he think it consequences. From these considerations, as necessary to enter into any inquiry respecting there was no return of bullion from the con the sufficiency of the Bank to answer all the tinent, he would rather submit to the incon demands upon it. When such an inquiry was venience of continuing the restriction even before instituted, the case was novel and ex-longer than might be actually necessary, than traordinary, and therefore to satisfy the public risk the consequences of setting aside that remind in the then state of Europe, and the pre-striction too soon. From motives of precau valence of apprehension, was proper and necessary. But what was the result of that inquiry? Why, it removed even the possibility of suspicion as to the circumstances. of the Bank; and what intelligent person could have ever entertained that suspicion? He was confident that at this instant there did not exist in any quarter a particle of doubt as to the solidity of the Bank; of course that could not now become a fit subject for inquiry, though it might be very strongly insisted on as an advisable preliminary to the motion he meant to propose. He observed, that many persons who originally condemned the Order of Council which produced the stoppage of the Bank, and who disapproved of the Parliamentary proceedings which followed, were yet at a subsequent period, from a sense of duty, adVOL. III. tion, therefore, he brought forward this measure. He did not mean to underrate the inconveniencies which resulted from the stoppage of the Bank, but he would maintain that it were better to endure those inconveniencies, than to expose the country to the effects which were likely to arise from prematurely remov ing the restriction. He hoped, however, the period would soon arrive when the progressive advancement of our commerce would producė such a steady inclination of the exchange in our favour, as would enable us with perfect safety to permit the Bank to resume its payments in specie. The causes of the present state of exchange, a very little reflection would explain to the House, when it was recollected that the scarcity of the last three years had made it necessary for us to purchase a vast quantity of grain on the continent, and that for this pur- hat nature. The Rt. Hon. Gent. indeed had pose not less than twenty millions of specie mentioned the state of the exchange; but was had been sent out of the country when then the House to have no other information but such a drain as this, arising from a cause which from his speech? How few were the Gent. was not likely soon to occur again, was com- of that House, whose habits or connexions bined with the drain of cash for the payment gave them an opportunity of knowing any of our army and navy, it would be obvious thing about the exchanges? The Rt. Hon. that we should wait the operations of a flou- Gent.'s statement of the exchange with Hamrishing commerce, to bring back some propor- burgh happened to be known to him (Mr. tion of this vast amount of bullion, before we Tierney), but perhaps the same fact might not attempted to permit the Bank to issue specie. be known to many others of the House. The Upon these grounds he felt himself justified only document was the Rt. Hon. Gent.'s in proposing, "That leave be given to bring speech: was that, he would ask, sufficient "in a bill, to continue an act of last session, for authority to legiflate upon? Could it be encontinuing the restriction on the payment in tered on the Journals, and go down to posspecie by the Bank of England." He re- terity to account for and justify the assent of peated his intention of opposing any motion the House to this extraordinary measure? Of for a committee to examine the affairs of the the necessity of a committee of inquiry to Bank, &c. because he saw no necessity for satisfy the public mind, and to explain and such a proceeding. He had already stated vindicate the conduct of the House to the the distinct ground upon which he brought country and to posterity, he was firmly perforward his motion, namely, the state of ex- suaded. He did not, however, propose to change, which was matter of public notoriety, conclude with any motion to that effect, withand therefore required no committee to ascer- out first perceiving the temper of the House tain it, and the circumstances of the country favourable to his views; for, though it apbanks; both of which formed the principal peared to him highly desirable, yet he would arguments for the adoption of a similar motion not wish to provoke the trouble of debate and in the last session. division, if the sentiments of the House did not seem to coincide with his own. If they Mr. TIERNEY said it was naturally to be did, his proposal would be to pass the bill for expected that he should be first to rise after two months, and to appoint a Committee in the Rt. Hon. Gent. as such particular allusion the interim, to consider how far it would be had been made to his conduct and observa- proper to continue the restriction farther, or tions on a motion similar to that before the to discontinue it altogether. Such was his House, which the Rt. Hon. Gent. had brought idea; but the Rt. Hon. Gent. seemed to think forward in the course of the last session; and that the Report of a committee six years ago it seemed to be insinuated, that, in point of was quite sufficient, though the House had Consistency, he (Mr. Tierney) was bound to no account whatever of the proceedings of the support the measure now under discussion. Bank ever since. It seemed to be considered He admitted that though originally hostile to of no consequence how their concerns had the stoppage of the Bank, he thought that the been since conducted: no one appeared to peculiar circumstances of the country last ses- care whether the Bank had sufficient provision sion, rendered it inexpedient to take off the to answer its demands, or even whether the restriction; but those circumstances no longer restriction had been actually profitable or inexisted, and he therefore objected to the mo-jurious to its interests-whether it had dition of the Rt. Hon. Gent, without some pre-minished or increased the security of public vious inquiry respecting the Bank, and particularly upon the grounds stated. The matter was of too much importance to rest on such a basis; for, however familiar Gent. might be with the stoppage of the Bank, however loosely the subject might be talked of in conversation, or however little it might be thought of by those who were unconnected with commercial transactions, it was in the outset considered a prodigy, which in its consequences operated a change in the whole order of money transactions. He did not now intend to give any opinion whether the restriction ought to continue, or to be abolished altogether; but he wished to impress upon the House the propriety of careful deliberation on the necessity of previous inquiry. If there was a subject under the consideration of Parliament, which called for the most satisfactory explanation, certainly that now before the House was of credit. All these things ought to be known, but all was mystery. No other ground was laid for the motion, but that the exchange with Hamburgh was at par; and upon that naked fact it was proposed to do away that which scarcely any circumstance could warrant-namely, the right of the public creditor to convert Bank Notes into cash. The Rt. Hon. Gent. had confessed that he submitted this motion with reluctance, and he (Mr. Tierney) sincerely believed it, for he really thought that the Rt. Hon. Gent. had, a very short time back, fo intention of proposing the continuance of this restriction this he did not mean to assert from an affectation of any particular knowledge of the Rt. Hon. Gent.'s sentiments; but the conviction he felt in common with the House, of the Rt. Hon. Gent.'s intimate acquaintance with, and re spect for, the order of the House, induced | him to imagine, from the notice of the conti- | ple, upon the probable recurrence of such an nuance of this bill being only given twenty-one exchange at a future day, would be apt-to days before its expiration, that the motion did make such a run on the Bank, as might be pro not originate in sound discretion and delibera- ductive of very serious consequences indeed. tive judgment of the Rt. Hon. Gent. himself, The reason which the Rt. Hon. Gent. advanced, but was pressed upon him by the recommenda- could not surely be the suggestion of the Bank tion of others. He trusted, however, the Directors: if so, it was very unworthy of House would not adopt this monstrous bill them. They should not plead any little exat a time when there was even no plausible pense or trouble which might occur in propretext for it, when no money was likely to go curing bullion, if they wanted it, as a reason out of the country, when no alarm prevailed against accommodating the public by paying in either domestic or foreign politics, when their own notes, particularly after the vast no fear of any sudden press on the Bank could sums they had put in their pockets. The be entertained. All that was mentioned in the public had a right to say to them, "You have shape of a reason, was, that the exchange been for the last six years reaping a productive was not at par: then, of course, no money harvest from our inconvenience; we only ask would go out of the country. Were not these of you now to convert into cash the notes for considerations sufficiently strong to urge the which we have given you credit so long," House to agree to an inquiry? Was it not and the Bank ought to be provided to answer material to shew the country what the Bank this reasonable request. They could have no was doing? That it was preparing to open, apology for declining it, unless incapacity; and pay in specie; that it was ready to do so and he did not suppose that to be the case. when Parliament should permit. The Bank If the bill should pass, he, in his conscience, Directors ought to shew that there was no believed it to be entirely a matter of convenidanger in their responsibility. He was not un- ence. No Bank Director, he was confident, willing to compliment the Bank Directors, but would go before a committee of that House he would wish them to compliment the public, (for he would not take a speech), and assert even as they did in 1797, when the original that the present state of the exchange would restriction took place, and when they pub- be a good reason for half an hour's farther: lished a resolution that they were ready, if delay in the issue of specie from the Bank. political considerations permitted, to pay cash No Director could dare to say, at a time when for their notes. This resolution did not pre- trade was flourishing, profound peace pre cede the bill which sanctioned the Order of vailing, and no alarm whatever appearing, that Council, and surely it would be but decent to the exchange being at par would be a suf give the country something like the same evidence ficient ground for the motion before the House. upon this occasion. According to the Report of He exhorted the Chancellor of the Exchequer the committee of 1797, the proportion of cash and to think on the necessity of allaying the bullion in the Bank amounted to one million, opinions which were afloat in the country, when the Order of Council was issued; and Several factions agitated the public mind, and some short time afterwards this sum was each had their literary advocates. One of increased to six millions. Was it not now a these advocates, in defence of the system of fit subject for inquiry? What had become of his party, had lately written a pamphlet, this six millions if it was forthcoming to meet intitled, "The Iniquity of Banking," and ano any exigency? and if it was, why should the ther immediately replied in a pamphlet, inBank hesitate to resume their operation? They titled, "Money an useless Incumbrance." could not be afraid of a run upon them, for Perhaps, added Mr. T. it would be very pru who could now think of any material advan- dent in the House to step in between these tage from hoarding gold? But the Rt. Hon. disputants, and by the Report of a committee Gent. objects to their paying in cash, be- settle their opinions, and set the public mind cause the exchange is not at par. If the Rt. at ease. Something ought certainly to be Hon. Gent, resolves to restrain the Bank while done to diminish, if not to put an end to thes the exchange is at par, there are men of the disgrace of a measure which injures our credit highest intelligence and character, who are of in the eyes of foreigners, and distracts the opinion that the exchange will be kept up. course of pecuniary dealings in our own counse But why should the Rt. Hon. Gent. indulge try. The Hon. Member observed, that it had these fears? His late financial statement ought been much the fashion to regret the absence to sustain his confidence. He there describes of a certain Rt. Hon. Gent. (Mr. Pitt), whom the surplus revenue of the present year as one he always heard when he did attend the House, million, and that of the next year as two mil- with pleasure and attention, however he might lions. Was not that sufficient to protect the differ with him in opinion. Now, upon this Bank and public credit in any suitable emer- occasion he could not help regretting that Rt. gency? If the rate of exchange, as it now Hon. Gent.'s non-attendance; for he was cond stood, was really to be made an argument for fident, were he in the House, he (Mr. T.) the stoppage of the Bank, it would leave a would have in him a most powerful ally Bery dangerous impression in the country; (The Chancellor of the Exchequer shook his head.) and, recollecting the circumstances, the peo-Mr. Tierney remarked, the Rt. Hon. Gent. |