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therefore, that the judgments against Sydney and Russel were reversed, and the execution of the latter recorded as a judicial mur. der, every imprisonment of a man under such circumstances is judicial tyranny; every pound taken from his pocket a judicial robbery.

One word more, Sir, on the Charter. When a man is convicted by two justices in a penalty, which he is obliged to sell his fortyshilling freehold to pay, is he not disseised of his freehold and his franchise, otherwise than by the judgment of his peers, and by the law of the land?

When on such a judgment he is imprisoned, is he not imprisoned otherwise than by the judgment of his peers and by the law of the land?

When on the judgment of such a tribunal a man is convicted of an offence against the revenue-laws, and sent on board a ship destined to go wherever the public service requires, is he not exiled otherwise than by the judgment of his peers and by the law of the land ?

Aman may at the suit of the king, by this summary tribunal, be convicted in penalties amounting to hundreds of pounds ; yet if he had occasion to sue his debtor for five pounds, he must spend fifty in law-proceedings: his claim must be submitted to a jury and a judge, even though he possessed under the hand of the defendant an admission of its justice. Did this, Sir, never in the hour of legislation strike you as a matchless specimen of equal law and equal rights ? Such are the absurdities consequent on a deviation from the Common Law. If there is aught in it too rigorous, in the name of humanity soften it; but take not from us, both in the hour of accusation and of trial, its protective justice and mercy.

A man may be now dragged from his home, and convicted as a thief or criminal receiver of stolen goods, before a tribunal composed (as our magistracy is now constituted) of the priest of his own and the adjoining parish, who, in addition to six or twelve months' imprisonment, may sentence him to public or even to private torture. Let the proud islander no longer taunt ill-fated Spain with her inquisition. Her Cortes were once like the Commons of England, the representatives of a brave and independent people, Peruse her history; it will not require the lynx's-beam there to discover' why she has now ceased to be free. If we suffer " trial by jury” to be frittered away, the liberty of the press will soon follow it; and the fate of Spain's brave exiles, now pining in our streets, may, ere the close of this century, be the fate of our descendants. If you, Sir, do not shudder at this thought, you possess either less patriotism or more nerve than the man who now ad

dresses you.

Go, visit the shores of the Baltic, where we are taught to believe that "trial by jury” first dawned'on a benighted world. Losing.its genial ray, their inhabitants became serfs and slaves. You may there see, even "in the rotten 'state of Denmark," a pillar erected to commemorate the exteusion of freedom to the husbandman, on which is the following noble inscription : “ The king, being convinced that civil liberty, directed by just laws, inspires the love of our country with courage to defend it, the desire of information, a taste for labor, and the hope of bappiness, has therefore commanded that slavery should be abolished, and that order and dispatch should preside at the execution of all rustic laws; that the husbandman, being free, courageous, enlightened, laborious, and good, may in future become and be regarded as an estimable and happy citizen.” The prince royal laid the foundation stone in 1792, and the inscription ternys him The Son of the King, and the Friend of the People..

Cast your eyes on the neighboring monarchy (Prussia), containing a brave population, anxiously awaiting the blessing of liberal institutions, as the reward of their devotion to the throne, and loyally petitioning for the performance of promises, made to them in the hour of adversity, which in the day of prosperity are remembered no more; then ask your heart what is the state of your own country? It will tell you that she is scarcely emerged from a conflict in which she was the rallying point and bulwark of affrighted Europe ; that her wounds are not yet closed; that in every pound of bread her peasant eats he is paying the price of that which has been called Europe's freedom. In such a moment shall that sun, which has guided us to empire and to glory, be shorn of almost the ouly beam that pierced the humble cot, and made its inmates proud even under the pangs of poverty ? England stood firm

Amidst the crash of nations. On her soil were collected the scattered elements of freedom. Would you destroy the sacred ark? Would you, boy-like, run to pull down this rainbow of the moral world, this pledge from man to. man, from generation to generation, that the earth shall be deluged with tyranny no more? God forbid! But, sir, you have passed the Rubicon. Return and thank your God and your forefathers that the constitution under which you live still retains the power of self-reparation, without endangering the peace, or disturbing the order of society. Your country will yet receive you, for the good you have done : she will forgive your errors ; and but for that record which is now part of her history, would probably forget them. The monsent of atonement is not to an honorable mind one of selfabasement. I could name to you an exalted judicial character, VOL. XXIX. Pam. NO. LVII.


who, by the goodness of heart, and true greatness of mind which he evinced in the atonement of a public error, has raised himself, in my humble estimation, almost above humanity. In the senate manfully ayow your error. Forget not that, as a representative of the people, you are " the trustee, and not the owner of the estate ;

that you cannot alienate, you cannot waste it.” Defend the prerogative of the crown and the privileges of the people with equal courage and integrity, remembering that they must stand or fall together. Devote your influence and your talent to the revision of the subordinate courts of justice, and to the effacing this foul blot from our otherwise admirable constitution. Advocate

“ trial by jury,” even to the confirmation of that great charter which has been, in some of the most trying and awful periods of our history, set up as a general banner for the union of all classes of the people. Transmit it to posterity as a monument of civil freedom and royal gratitude. You will thereby fix your sovereign more firmly in the affections of his subjects: generations now unborn will rank bis reign with those of Alfred the Great and of the first Edward; and in this the evening of his truly eventful day his sun may yet set in glory.


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In a letter to Mr. Whitmore on the subject of the corn laws, which was published about twelve months since, and was honored with a place in the Pamphleteer for September last, I stated it as my opinion, that a duty of not less than 20s. per quarter on the importation of wheat, can, in the first instance, be regarded as a sufficient protection to the British agriculturist. This is the sum which the late lamented Premier, Mr. Canning, recommended on the part of government, on the 1st of March 1827, with the very important modification, that when the price of wheat should be above or below 60s. per quarter, the duty should fall, or rise, in a regular progression, by the diminution or addition of 2s. duty for every 1s. that the price of wheat might either rise or fall. When the price had risen to 70s., the duty was to be reduced to 1s. per quarter, at which it was to continue.

The propositions which were thus made, relieved the minds of agriculturists from the apprehensions which they entertained, that the small protecting duty, for which Mr. Jacob, (who was to a certain degree an official organ,) Mr. Whitmore, and others contended, might receive the sanction and support of government ; and the bill founded on Mr. Canning's propositions was adopted by the lower house. An endeavor made by Mr. Whitmore, to lower, by 10s., the standard at which the duty of 20s. was to commence,

1 Mr. Whitmore's letter was inserted in the Pamphleteer for September last.

was negatived by a majority of 335 to 50; while a motion of Mr. Bankes, to raise the standard to 64s. was negatived by 229 to 160. Mr. Hume's proposition, to establish a duty on the importation of wheat, of 15s. per quarter in the first instance, to be diminished 1s. per quarter per annum till it should reach 10s., at which sate it should permanently continue, was negatived by a majority of 229 to 16.

In the House of Lords the bill passed through all its stages up to the third reading, and several amendments were made in it. But in consequence of one of those amendments being considered by ministers as affecting the character of the bill to a greater extent than they thought themselves justified in approving, the bill was not pressed by Lord Goderich to a third reading, and therefore fell to the ground. This amendment was moved by the Duke of Wellington on the 1st of June, in consequence, as it would appear, of his having misunderstood an expression contained in a letter of Mr. Huskisson. Its object was to prevent the admission, for home consumption, of any wheat which should have been placed in bond after the passing of this act, so long as the average price of wheat should be less than 66s. per quarter. The wheat which was in bond at the passing of this act, (and which amounted, as Mr. Canning stated, to 560,000 quarters,) could be taken out on paying the necessary duty; but any wheat which might subsequently be placed in bond, however low the average price might be at the time, could not, according to this amendment, be liberated for home consumption, even on paying the duty, till the average price amounted to 66s. per quarter.'

During the discussions on this bill in the House of Lords two points were decided by their lordships; one, by a majority of 82 to 39, that a prohibitory duty was preferable to a real prohibition'; the other, without a division, that the standard at which the duty of 20s. should commence, should not be raised from 60s. to 643.2

I“ Provided always, that no wheat which shall have been placed under bond to his Majesty, his heirs, or successors, in any ship or warehouse, after the passing of this act, shall be entered for home consumption, from the ship or warehouse in which such wheat shall have been so placed under bond, so long as the average price of wheat, as settled by virtue of this act, shall be less than 66s. per quarter."-Duke of Wellington's amendment to the Bill as amended by the Committee, intituled, “ An act for granting duties or customs on corn,”.p. 3.

Lord Malmesbury's proposition was, that the standard should be raised from 62s. to 66s.; but this was on the calculation of the imperial measure, which answered to 60s., and 648. of the Winchester. It was therefore the same as that which was moved in the lower house by Mr. Bankes. As the new, or imperial weights and measures, had received the sanction of parlia

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