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and memorialist further submits to chiefly to fall on those persons conyour hon, house, that the informa- cerned in the executive, who, by tion filed by the Attorney-General continuing the abuse, have provoked against him, did contain, in several the warmth of the attack. Your separate counts, the respective pas- hon. house will, no doubt, be sensages in the article prosecuted, which sible, that in proportion as such atwere deemed chiefly to evince the tack is likely to be effectual, it will criminal intention of the publisher, occasion an irritation and desire of --and that all these passages, so
revenge in the breasts of those condeemed highly criminal, were ex- cerned in the abuse; who, even if tracted and published by the parties compelled to abandon it, will yet who were acquitted ; and that no exert themselves to punish those by one passage which these parties 0- whom they have been driver to so mitted to extract and publish, was disagrecable an expedient. --- And included in a separate count of the memorialist further submits, that information filed against your me- the uncertainties and contradictions morialist. Memorialist submits, that of the law of libel, with the numethis circumstance clearly proves, that rous advantages given by the pracin the estimation of the Attorney-Ge- tice of the court to the King's Atneral himself, the article convicted at torney-General, in cases of informaLincoln, contained nothing of a more tion ex-officio furnish ample means dangerous nature than that which was to gratify the displeasure so enteracquitted by a jury in the court of tained by persons in power, to the King's Bench at Westminster. great injury of the subject's right of
Memorialist feels confident that free discussion, which your hon. your hon. house will learn with house is in a peculiar manner called great concern, that the publication upon to protect. pronounced innocent by one jury, Memorialist states to your hon. but for which your memorialist is house, that by severely censuring fined and imprisoned, was intended the frequent infliction of the disto advocate the propriety of affecting graceful and savage punishment of that alteration in the military law flogging, as used in the army, before of the land, which your hon. house the late alteration in the law,-he has since, in its wisdom, effected. has but imitated the example of the And it will no doubt excite the just first officers in the service who have jealousy of your hon. house, which in publications given by them to the represents the Commons of the coun- world, described such punisbment try, that the King's Attorney-Ge- in glowing language, as destructive Beral, pursuing to certain punish- of our military strength, and injument the publisher of an argument : rious 10 our national character. intended to pave the way for, and to These officers have deemed it their reconimend to the public a measure duiy to enlarge on the horrible and since adopted by parliament. Me disgusting circumstances attending morialist submits to your hon. house, military flogging, in order to raise that no such thing as free discussion public indignation against its conti. can exist, if the law officers are to nuance. They bave specified partitake advantage of the zealous man. cular regiments as the worst in the ner in which a discussion may be service, and have attributed their conducted, the principle of which is inferiority to flogging. They have to attack and expose a long standing alluded io others as the best, and but generally acknowledged abuse: have traced their pre-eminence to and further, that, whatever blame' exemption from flogging. In short may attach to such discussion ought they have done all that your memorialist las done ; but they have not the existing authorities; and that been fined and imprisoned; they have the individuals most instrumental in on the contrary, been raised to the attaining them, have generally incurhighest honours of their profession. red the fate of your Memorialist, by
Memoralist appeals to your ho- the toice of the judges. nourable house, whether it be con- Memorialist further submits to sistent with the principles of the your hon. house, that it was falsely British Constitution, that what is represented to his jury, for the purdeemed laudable in persons of high pose of prejudicing their minds arank shall be beld criminal in one gainst him, that he had manifested of inferior station. It was stated an attachment to the cause and perby the King's Attorney-General, to son of the enemy of his country, 'he truly laughable for the printers of Napoleon Bonaparte: Memorialist newspapers to expeet that the same did, in consequence, bring forward, credit should be given to their mo- in an affidavit, made by him in mitives, which was justly due to the tigation of punishment, numerous intentions of general officers: but and convincing proofs to the conyour hon. house, deriving its exis- trary; and that the said Napoleon ience from the people,-and of whom Bonaparte had ever been beld out lo it has been said by a respected states. abhorrence in Memorialist's, newspaman, “ the virtue, spirit, and es- per, as the fue of liberty and of hu
sence of which consist in its being man happiness:--and in consequence “the express image of the feelings of certain other charges falsely " of the nation," --will deem itself brought against your Memorialist, called upon to protect tlie people he further prored in his affidavit, from the effects of so unconstitution- by extracts from his newspaper, al a maxim. And your hon. house that he was warmly attached to, will doubtless learn with great con- and had ever inculcated a high recern, that the judge who presided spect for, the constitution of his go. at the trial of your Memorialist, vernment, including the kingly of countenanced and supported this fice as one of its most essential parts: principle so utterly repugnant to the -and in contradiction to other caspirit of freedom, -and further laid lumnies urged against Memorialist it down to the jury, that the mea- to his jury, and which no doubt sures of the government were not to bad the effect of unduly prejudicing be censured out of parliament. Me- their minds against him, his counmoralist, as the citizen of a free sel þeing, by the 'practice of the state, protests against this doctrine, courts, denied leave to refute than as subversive of his legal rights, at the time,-Memorialist further which he is determined to uphold proved in his affidavit, by extracts at all hazards, in humble imitation from his newspaper, that he was no of the patriots of former times, who, common libeller,-that the liberty in defiance of prosecutions and pu- of the press had never been dishonishments, maintained those immu. noured in his hands,—but that the nities which by law belong to the discussion in his newspaper had ever subject, but which by lawyers have been conducted in an impartial manbeen frequently questioned and en- ner, according to your Memorialist's dangered. And Memorialist recalls sincere conviction, without regard to to the recollection of your honour- pecuniary profit. able house, that those blessings Your hon, house will learn with which afford persons in power a sub- surprise, that this affidavit, containject for panegyric, have only been ing passages in reprobation of the attained after a hard struggle with relentless despotism which now op
presses Europe, induced the judges enemy, it is very possible that a of the court of King's Bench, when person in your Memorialist's
, situapassing sentence on your Memorial- tion shall be severely punished for ist, to accuse him of a new and un- rendering an essential service to his heard of offence--the offence of hav- country, and to the cause of truth ing published lubels against an alien and virtue. power with whom this country is Your hon. house will regard this now at war. Your hon. house must possibility with extreme concern ; be sensible that this charge cannot for what effect must it have on the be warranted by law; and your Me- public mind to know that individumorialist appeals against the injus- als are liable to heavy fine and imtice of accusing him, when on his prisonment, for doing that which trial, of being a friend to Bonaparte, common sense, religion, and moraand, in consequence of his refuting lity, will justify. Yet while the the calumny, charging him when present interpretations of the law of brought up to be sentenced, with libel are persisted in, it cannot be libelling that person.
pretended that to publish what is Your hon. house will perceive that called a libel is in every case a mothe Judges of the Court of King's ral crime. Bench, by accusing Memorialist of Memorialist doth instance to your having libelled the enemy, inasmuch hon. house, as a proof of what he as he has disapproved in strong lan- avers, the case of a person recently guage of the despotic principles prac- prosecuted by the Attorney-General, tised by the government of France, on an information ex-officio for libel. have declared their opinion as to -This person was told by the prewhat constitutes the crime of libel. sent Lord Chief Justice of the Court ling; which opinion doubtless regu- of King's Bench, that his publica. lates the charges given by them to tion was not less calumnious-and juries when questions of libel come consequently nut less guilty-bebefore them. And Memorialist sub- cause it might be true. But when mits that this declaration contains brought up to receive the sentence a sentence of death against free dis of the court, it was declared from cussion ; for if it be libelling to cen- the Bench that if the libel, of which sure so great a tyranny as that exer- he stood convicted, were true, it cised by Bonaparte, what hope is would prove the individual libetled, left that we shall be permitted to who was at that time a member of: expose the faults of our own govern- the administration, to be unfit to ment; -- and if we have no such enter the presence of his Sovereign, permission, how can we be said to and indeed unworthy of honourable possess the right of free discussion? society.
Memorialist further subunits to Memorialist need not point out -your hon, house, that the opinions to your hon. house the extreme of the judges are conveyed to: juries hardship of refusing an accused inin very strong, and frequently in dividual permission to prove the passionate language, which is calcu- truth of his publication, while the lated to overawe the minds of those absence of proof to that effect is to whom it is addressed ; and that urged against him to justify the seif juries shall by any means be in- verity of his punishment. Neithre duced to conform their verdicis to will your Memorialist take up the the sentiment conveyed from the tine of your hon. bouse by dwelling Bench when your Memorialist: was upon that perversion of language sentenced --namely; that it is libel. and violation of moral fecling, isaJous to censure tyranıy: even in an cluded in procouncing an individual
guilty of crime, who has exposed, these facts under the consideration in his proper character, an unwor
hon. house, conceives that thy servant of his Sovereigns, whose he has acquitted himself of a duty.. councils are mischief, and whose He entertains no feeling of impapresence is pollution.
tience under his fate, being more Memorialist further states, that than compensated for its hardships he is sincerely desirous to conform by the belief that his exertions have to the law, as well in the manage- dune much towards abolishing a ment of his newspaper, as in every horrible species of punishment, which other part of his conduct : ,but that disgusts the national feelings, while the uncertainties, contradictions and it disgraces the national character, absurdities, of the law of libel, as -- which debases that army which explained by the judges, leave him it is intended to reform, - which in utter ignorance of what may or places man on, a footing with the may not be safely published. Not heast that perisheth,-and converts only have different judges given dif- a land of superior freedom and huferent, and consequently false, inter- manity into the last assylumn for pretations of the law of libel, but even the system of torture, which has the same judge has differed from him- been banished from Continental Euself at different times. By the pre- rope. sent Lord Chief Justice of the Court While, day by day, facts are of King's Bencb it has been laid transpiring, which place beyond a down as law, that there is no impudoubt the injurious effects of tbe nity to any one who shall violate savage punishment which Memoindividual feelings, or render the rialist has condemned :-while the person or abilities of another ridicu- most distinguished officers in the jous; a definition as intelligible as service are raising their voices ait is sweeping, and which at once gainst it :---while the legislature is reduces the right of discussion to a interfering to do away with i: by non-entity ;--but which cannot, by degress,- Memorialist addresses the imperfect understanding of your your hon. bouse from the prisen to Memorialist, be reconciled with the which he has been sent, for engaprinciple of another maxim declared ging in the good work. He bas by the same learned and noble judge been sentenced to undergo a heavy to a jury; namely, that a certain punishment for publishing an articlass of persons, called authors, cle, which, in all its essential parts, may very safely and properly be has been acquitted by a jury: held up to just ridicule; and that he has been convicted under a charge it is for the interest of society and of being the friend and advocate of government, that their works should the enemy, and he has been punished he fairly examined, and praise, cen- under a charge of libelling the enesure, or sarcasm, applied according my :--in fine, he has been convic, to their mcrits. Memorialist claims ted of LIBELLING an act which the benefit of this liberal principle, may merit praise instead of punishin behalf of such discussion as apo ment--and he has been tried under plies to rulers and to governments : a law which assumes new shapes for --and he complains to your hon. every case, and concerning which house, that he has been tried and nothing is certain but its uncertain. punished by.a law, which, instead ty. These circumstances form the of being plain to the meanest capa. ground of the complaint which your city, is involved' in inconsistency, Memorialist prefers :and absurdity.
And Memorialist submits these Memorialist hy bringing forward premises, &c. &c. &c.
CORRESPONDENCE BETWEEN of the 30th April and 23d of June. BRITAIN AND AMERICA.
21st Aug.-On the subject of The following is an abstract of blockades. No answer. the correspondence between the Mar- 25th Aug -Announcing the re. quis Wellesley and Mr. Pinkney, vocation of the Berlin and Milan de taken from the papers published by crees, and demanding the revocation order of the American government of the orders of council in conseand which were refused by Mr. Per- quence. Answered the 31st of Aur ceval, upon the motion made by gust. Mr. Whitbread, in the house of 15th Sept. On the misconstrucCommons, for their production. tion, by Sir J. Saumarez, of the
The effect of the conduct of Lord blockade of Elsinore, the seizure of Wellesley upon the American mi- the American ship Alert, and taking nister, and thereby upon his govern- away four of her seamen. Answered, ment, will be seen by the succeeding only as to the misconception of the extracts from Mr. Pinkney's letters blockade, on the 26th September. to Mr. Smith, the American secre. The case of the ship was referred to tary of state, contained in the same Sir W. Scott's tribunal, who, after pamphlets published by order of the the usual delay in the admiralty American government.
couit, restored the vessel, as there Mr. Pinckney writes to the Mar- appeared no ground for her deten. quis Wellesley :
tion ; but awarded no damage for 2d. Jan. 1810.-- On the subject the loss of the voyage or expences atof the conduct, and demanding the tending her recovery, only ordering recal of Mr. Jackson. Not answered the captain of the inan of war to till the 14th of March. Mr. P. says pay his own expences ! No answer in a letter to the secretary of state,
men taken out of the ship ; although I was aware an answer but they were afterwards released by " would not be hastily given, I was an order of the admiralty board. not prepared to expect this delay." 21st Sept. Again on the subject
15th Feb. - On the subject of of blockades, referring to the notes blockades. - Answer, 2d March.. of 30th April, 230 June, and 8th
30th April.-On the Berlin' and August, and urging an answer, as Milan decrees. No answer.
the American government had long 2d May. Complaining of, and 're expected a communication on that monstrating against the permission of subject. the forging American ships' papers in Sth Dec.-On the subject of the London, to give an American charac. For, demanding her release in conter to the British ships, and of such sequence of the revocation of the papers being an open article of traf- French decrees. ·No answer! but fic. No answer.
the king's advocate had orders to 22d June. -Referring to his letter suspend proceedings in this and all of the 30th of April, on the subject similar cases till farther orders. This of the Berlin and Milan decrees to suspension was continued till after which no answer had been given. Mr. Pinkney and Mr. Foster had and requesting a reply on that sub- sailed. The printed speech of Sir ject. No answer.
W. Scott gives the result. The con7th July.-On the delay of nomi- demnation of the vessel. nating a minister to the United States. T0ih Dee.--Is the date of the last A verbal assurance that it should be letter published from Mr. Pinkney, immediately done.
embracing the general subject of his 8th Aug --Referring to his notes long neglected letters. A short re