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the court neither with presumption nor pertinacity, and I quote the case of Col. Draper to support me. Not one word has been said to overthrow that case. Col. Draper was allowed to prove every word, and he was held to bail. Colonel Draper offered affidavits afterwards proved false, yet they were heard; he offered irrelevant affidavits, yet they were not interrupted. I here offer true and relevant affidavits, and I demand equal justice. I refer your lordships to no statute which you may construe at your discretion. I produce to you no dicta of those who have preceded you, and by whom you are not bound; but I quote to you your own wise, modern, uncontradicted act, in a case which occurred not two years since. If any thing were wanting to prove the vile malignity with which my enemy has persecuted me, I have merely to mention, that on the very day when this court were protracting my appearance on account of ill health, the attorney of my prosecutor, accompanied by a Mr. Groom, who is the confidential friend of my prosecutor, called at my doctor's, by the authority, as they said, of the Attorney-General, and under the pretext of enquiring after my health, used the most insulting observations. Thus, my prosecutor and his friends betrayed their regret that the misfortune of sickness should have deferred the gratification of their wishes to commit me to a goal. IF YOUR LORD

SHIPS WILL NOT ALLOW THESE AFFIDAVITS TO BE READ, THE FACT OF THEIR SUPPRESSION WILL SPEAK VOLUMES TO EVERY MAN OF COMMON SENSE IN THE COUNTRY!

The Court--Since you have no proper affidavits to produce, you may now speak on any topics you think relevant. Mr. F.-No; let the Attorney-General begin: I choose to have the privilege of replying to him.

The Attorney-General.-No; in the case of the King against Budd, it was ruled that where no affidavits were produced either on the part of the prosecution or defence, the defendant was first to speak in mitigation, and the prosecutor to answer him.

Mr. F. Certainly, Lord Kenyon ruled it so; but I should suppose that your lordships will prefer the precedent which you have yourselves established. I allude to the case of Draper, where Mr. Garrow and Mr. Nolan, I believe, spoke first for the prosecution, and then

Mr. Serjeant Best rose for the defence, in reply, when the business ended by Draper's being held to bail. I shall rest on Draper's case until it be controverted. Mr. Garrow. As there is nothing for the prosecutor to speak upon but the information, of course it must follow that the defendant should first speak, or else what can the prosecutor have to reply to?

The Court.-As to Draper's case, some irregularity may have crept in, perhaps, from the indifference of the counsel, or some other cause; but we cannot suffer that irregularity to contravene established usage.

Mr. Clifford.-My Lord, the rule, as quoted by the Attorney-General, only applies to cases where no affidavits were produced. Here two, those of Power and Lipscombe, have been read.

The Court.-No, none on the part of the prosecution. Mr. Finnerty, now proceed.

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Mr. F.-I am well aware, my lords, of the many disadvantages under which I stand this day; but of none am I more sensible of than having unhappily squared my conduct by a decision, which until now acted on, has been so suddenly rejected. I have also the misfortune to have that sworn testimony which I have offered, refused; and to hear charges made against me which it is not allowed to me to rebut. I cannot, indeed, devise what the Attorney-General may offer for his client. Perhaps, fertile in expedients, he may declare his innocence. In this he will but follow the example of the noble lord himself, who openly declared in his place in parliament, that there was no torture inflicted in Ireland. Such an effect had this hardy and unblushing declaration, that I well remember, when Mr. Dallas was defending the tortures of Picton in Trinidad, on the precedent of those inflicted in Ireland, the judge stopped him, by the assertion, that there was no punishment inflicted in that country but by court-martial. It is not for me, however, to anticipate what may be his defence: sufficient will it be for me if I repel his accusation. What are the crimes of which I am accused? I am accused of being oppressed, and not submitting-of being slandered, and opposing him who traduced me--of acting on the first law, which God and nature have implanted in the heart of man, that of self-preservation! Is this to be deemed a crime? Good God, are we

come to such a crisis, that in this land of freedom, the tyrant may torture us, and we are not to turn; the slanderer may assail us, and we are not to oppose; the persecutor may pursue us, and we are not to resist him! Are we, when oppressed, and spurned, and trampled on, to be denied the last refuge of misery-complaint? I ask this day no indulgence; I supplicate no mercy. Give me an inpartial hearing, a patient attention, pure and unmixed justice. Justice, my lords, is consistent and compatible with freedom mild, tolerant, and unbiassed, she seeks but the clear and candid truth to produce a decision consonant to her character. Give me to-day that justice, and I shall have little apprehension. You see me here oppressed, but innocent; respectful, but undaunted; reverential to this court, but not regardless of my character; and supported, under all my difficulties, by the conviction, that a British court of justice is the last place where apprehension should enter. It may be asked me, why, if I am innocent, did I withdraw my plea? I will tell your lordships: Very early in this prosecution I heard the bench declare, that any evidence of the truth which I should offer could not extenuate my guilt. That, they said, was law, Here then, I was an innocent man, without the right to prove my innocence. What was I to do? Surely, not to oppose the authority of this court, and trust to the simple statement of an unlettered individual like myself, to combat it with a jury. No; I had no such presumption. Innocent, then, as I was, I allowed judgment to go by default, in, it seems, the vain hope, that that truth, which could not ward off a verdict might still mitigate a punishment. I supplicate no mercyI confess no guilt. I know Lord Castlereagh too well, and respect myself too much, to supplicate his clemency. If I had traduced him, I should apologise; and even after quitting the prison to which I may be sent, if it can be proved to me that I have uttered one syllable of falshehood, I shall make atonement; for I dislike no human being so much as to disregard the truth. But I have little idea of ever being so convinced. Here are before me the horrid testimonies of his atrocity; here are the speaking proofs which sullied him in Ireland; here are the records, which, if read this day, would present such cruelties as never before branded the

barbarism of the most uncivilised nations!

The Court here interfered, and told the defendant he was proceeding irregularly.

- Mr. F.-I do not come here uninformed on this subject. I have examined and digested it. I have traced it from its vicious author, who hoped, vainly hoped, by its invention to shield his memory from the obloquy it merited. The result of my research has been, that the law of libel is the will of the Judge. If the Attorney-General presented a book for prosecution, and the bench once said it was a libel, under the present law the jury must find it so. Νο matter whether the person libelled be innocent or guilty, he who accuses him must be convicted. In the words of Sir Thomas Mallet, "libelling against a common strumpet is as great an offence as against an honest woman, and perhaps more dangerous to the breach of the peace; for as the woman said, she should never grieve to be told of her red nose if she had not one in reality." Lord Castlereagh has pretended a most violent regard for his character. But how ludicrous is this delicacy! See, if he had proceeded against me by information, he might have sworn my statement was false; if he had proceeded by action, I might have sworn it was true: but no, he chooses to proceed criminally, where neither can take place; and this he calls a vindication of his character!!! Tell me, my lords, does such a course proceed from solicitude of character or resentment?

Sir Simon Le Blanc.-You are travelling quite out of the road.

Mr. F.-I am not deviating from the law.

Lord E.-Sir, unless you take the warning which has been so repeatedly given you, the court must let its justice overcome its compassion.

Mr. F.-If you think this prosecution has been instituted to clear Lord Castlereagh, of course you will allow me to clear myself by proving his guilt.

Lord E.-No: the prosecution has been brought to satisfy the justice of the country by the prevention of libels.

Mr. F.--Lord Castlereagh is anxious for his character, and so am I for mine. Is he to escape, and am I to be libelled with impunity? I know well some have been even rewarded for it: but the calumnies of bad men ❝ pass by me as the

idle wind which I regard not." I have never spoke against the truth, but I have opposed oppression; there is my crime. I have advocated reform-the principle which gave Chatham immortality, and his son power; which has given Whitbread, Sheridan, and Burdett the confidence of the nation-which makes that nation look up to the prince for measures, in which I trust and hope he may not disappoint them. I have advocated innocence, and in so doing I have transgressed a law which no human being can ascertain. No man can charge me with a sinister view in doing

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I trust I shall hear no accusation of "base lucre" made against me, as it was against another individual in this court; a strange accusation to come from him, forsooth, who never opens his mouth without a fee! I know a prejudice is excited against those who attack men in power: but do not they sometimes deserve it? Do you not remember how James, Coke, and that wicked Bacon, then Attorney-General,conspired against an innocent individual? Do you not remember the monster Jefferies? But, thank God, the record of his punishment has accompanied the record of his guilt; let it be a sacred admonition to all who are weak or wicked enough to prefer the transient favour of a court to the pure and beauteous permanency of virtue! Yet, what was Jefferies toBut, my lords, I check myself. Lord Kenyon says, a libeller has no right to complain when libelled; as sound doctrine as ever he promulgated. You will not deny it, my lords: if so, then you will not punish me, for you cannot punish the censor of him who has wasted the treasure of the people, and the blood of his species. When this man was sending out the greatest expedition which ever sailed from England, how was he employed? Why, in watching me. -[The Attorney-General here left the court.]-Better would it have been if he had been sending bark to the fine soldiery he sent to perish, and whom I saw dying for the want of it. But why did I go to Walcheren? Simply at the request of Sir Home Popham; whose letter I have in my hand, requesting me to give a narrative of the expedition. Castlereagh prevented me; and, besides my personal injuries, occasioned me a pecuniary loss of near 6001. The Attorney-General chose to say, I was unfit. "Unfit!" this phrase is something in

VOL. IX.

the style of Sterne's inuendo; any man may fill it up as he pleases. Why was I unfit? I defy the Attorney-General to answer me in any other way, than that he wanted to prejudice the public mind against me.

The Court.-Why, you are hardly uttering a syllable which is not libellous. We shall certainly remand you.

Mr. F.-I was in this court when Gilbert Wakefield was heard without interruption, for three hours; but if you do not choose to hear me, of course I must desist.

The Court.-We wish to hear you if you are not indecorous.

Mr. F.-Well, then, since this topic is displeasing, I shall have recourse to another which may prove more palatable. I have sworn in my affidavits that every thing with which I have charged Castlereagh in Ireland, is true.

The Court. That is not in evidence. [Lord Ellenborough, who had withdrawn for a short time, returned, when the defendant was thus appealing to the court.]

Mr. F.-See to what a state your lordships have reduced me. You first say, when I offer you evidence, you will not receive it; and then, when I refer to a point, you turn round and tell me, it is not in evidence. Shall I be at liberty to proceed?

The Court-Not in this way.

Mr. F. Every thing I have stated is true. I had no other way of proceeding. An action against Castlereagh, I was told, could not succeed; and so, in or der to shield myself from his cool and cautious calumny, I could only have recourse to the press. I now come to the case of Orr. The Attorney-General has said that Lord Yelverton refused to recommend Mr. Orr to mercy

The Court. You cannot proceed on that topic.

Mr. F.-I suppose I shall have the same indulgence which was given to Mr. Wakefield?

Lord Ellenborough did not know what Mr. Gilbert Wakefield might have been suffered to say, during those three hours, but if it was as irrelevant as what the defendant was now uttering, he hoped the court interfered to suppress it.

Mr. F. asked to what other vindica tion of his character he could have re sorted, than the one which he adopted? He applied to counsel, on the subject of bringing an action against Lord Castle

Whilst we offer to your royal highness our sincere condolence upon the severe visitation with which it has pleased Divine Providence to afflict our most gracious sovereign, which has occasioned a suspension of the royal functions, it is with heartfelt consolation, that, in common with all ranks of our fellow-subjects, we behold in the person of your royal highness a prince highly endowed, and eminently qualified to exercise the regal duties--a prince who has so greatly endeared himself to the people, by his moderation and forbearance on various trying occasions, and the attachment he has so uniformly shewn to their rights and liberties.

Had indeed the desire and expectation of the united kingdom been realized, by vesting in your royal highness the full powers of the executive authority, we should have had just cause for congratulation, confident as we feel that those powers would have been wisely and beneficially exercised, to enable us to meet the extraordinary exigencies of so perilous a crisis.

Deeply impressed with a sense of the many and great difficulties, which, with powers so limited, your royal highness must have to encounter in the discharge of duties so arduous, and feeling towards your royal highness the fulness of that loyal affection, which, in deeds as well as in words, we have so long demonstrated towards your royal father and family, we would fain have forborne to cloud the dawn of our intercourse with your royal highness by even a glance at our grievances, manifold and weighty as they are; but duty to our sovereign, duty to our country, the example of our forefathers, justice to posterity, the fame and safety of the kingdom, all, with voice imperious, forbid us to disguise our thoughts, or to smother our feelings.

Far be it from us, insulted as the corporation of this ancient (and, at all former times, respected) city has recently been by the servants of the crown; far be it from us to indulge in complaints of grievances peculiar to ourselves, ready and willing as we are to share in all the necessary burdens and all the dangers of our country. It is of general grievances, grievances sorely felt in all ranks of life; of accumulated and ever-accumulating taxation, rendered doubly grievous by the oppressive mode of exaction, and of the increased and increasing distress and misery therefrom arising; of the impro

vident expenditure of the immense sums thus wrung from industry and labour; of the waste of life, and of treasure, in ill-contrived and ill-conducted expeditions; of the attempts, which, for many years past, and especially within the last three years, have been made, and with but too much success, to crush public liberty in all its branches, and especially the liberty of freely discussing the conduct of public men, and the nature and tendency of public measures.

Can we refrain from humbly expressing our complaints, when we have seen those ministers who have so long usurped the royal authority, and who, it is now discovered, have, by practising the most CRIMINAL DECEPTION upon the parliament and the people, carried on the government during his Majesty's former incapacity, exerting their influence to degrade the kingly office; when we have seen measures adopted, evincing the most unfounded jealousy and mistrust of your royal highness-when we have seen the prerogatives of the crown curtailed and withheld-when we have seen a new estate established in the realm, highly dangerous and unconstitutional-when we have seen power, influence, and emolument, thus set apart to controul and embarrass the executive government, at a time of such unprecedented difficulty -when all the energies of the state are necessary to enable us to surmount the dangers with which we are threatened, both at home and abroad-we confess that, feeling as we do the most unbounded gratitude to your royal highness, for undertaking these arduous duties at a moment of such peril, and under such circumstances, we can discover no cause for congratulation; on the contrary, we should be filled with dismay and the most alarming apprehensions, were it not for the known patriotism and amiable qualities, which your royal highness. possesses, and the resource which we trust your royal highness will find, in the zeal, ardour, affection and loyalty of a free and united people.

Numerous other grievances we forbear even to mention; but there is one so prominent in the odiousness of its nature, as well as in the magnitude of its mischievous consequences, that we are unable to refrain from marking it out as a particular object of our complaint and of your royal highness's virtuous abhorrence--the present representation in the commons house of parliament, a

ready instrument in the hands of the minister for the time being, whether for the purposes of nullifying the just prerogatives of the crown, or of insulting and oppressing the people, and a reform in which representation is, therefore, absolutely necessary for the safety of the crown, the happiness of the people, and the peace and independence of the country.

Reposing the fullest confidence in your royal highness's beneficent views and intentions, we can only deplore the present unfortunate state of things, fully relying, that, under circumstances so novel and embarrassing, every measure which depends personally upon your royal highness will be adopted towards extricating us from our present difficulties, and for promoting the peace, happiness, and security of the country. Thus to mingle our expressions of

confidence and affection with the voice

of complaint is grievous to our hearts; but, placing as we do, implicit reliance on the constitutional principles of your royal highness, we are cheered with the hope, that such a change of system will take place, as will henceforward, for a long series of happy years, prevent your royal highness from being greeted by the faithful and loyal city of London in any voice, but that of content and gratitude.

Signed by Order of Court,
HENRY WOODTHORPE.

To which Address his Royal Highness was pleased to return the following most gracious answer:-

I thank you for the assurances of your the sincerity of my endeavours to proattachment, and of your confidence in mote the welfare aud security of his Majesty's dominions, by the faithful administration of those powers with which I am entrusted during the lamented indisposition of the King.

In the arduous situation in which I be the happiest moment of my life when, am placed, I can assure you that it will by the blessing of Providence, I shall be called upon to resign the powers now delegated to me into the hands of my beloved and revered Father and Sovereign.

My own disposition, no less than the example of my royal father, will make me at all times ready to listen to the complaints of those who may selves aggrieved; and will determine think themine on all occasions to regulate my couduct upon the established principles of that antient and excellent constitution, under which the people of this country have hitherto enjoyed a state of unrivalled prosperity and happiness.

LAW INTELLIGENCE.

COURT OF KING'S BENCH.

February 7.

THE KING V. ROACH, The Attorney General moved for the judgment of the court on Eugenius Roach for a libel published in the morning paper called the Day, of which Mr. Roach was entered at the stamp office, as editor and part proprietor, and for which libel he had allowed judgment to go against him by default.

The libel was then read, which was the same publication, respecting the conduct of the military, during the disturbance at Piccadilly, respecting Sir F. Burdett, for which Fisher and Harvey the printer and publisher of the Day, had already received the judgment of

the court.

An affidavit by the defendant was given in, stating that he was not the editor, but only a writer for The Day, having no controul whatever over the articles which appeared in it. He had some time ago been engaged in the literary department of that paper, and had since been prevailed upon by some of the managing proprietors to accept of five out of 1,300 shares of 101. each, into which the property in the paper was divided, and to enter his name at the stamp office as proprietor and editor. e, as well as all the other writers and reporters belonging to the paper, were however, under the controul of a chairmau, and a committee of 14 proprietors, of the paper belonged. Two days preout of about 300 to whom the property vious to the publication of the libel in

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