46 66 1 "there was no need, under the existing" of course adopt the hon. Member's "system of libel law to urge the law "resolution. But if, on the other hand, "officers of the Crown to prosecute for "it did place confidence in the present “political offences; and would rather" ministry (hear), and he trusted it did "see Attorney-Generals seeking to as "(hear), it would refer the matter to "much as possible avoid such prose- "their discretion, and accordingly with"cutions than too zealous in instituting "hold its assent to the motion. (Hear.) them. Besides, in the present state "For himself individually, and for his "of the public mind, such a prosecution" colleagues, he hoped they should de"as the hon. Member's resolution point-" serve the support and confidence of "ed at would be as impolitic as ill-" Parliament, by not neglecting their "timed, apart from other considerations," duty, even when it led them to call "most weighty as they appeared to" upon the law officers of the Crown to "him; for unless ministers succeeded" interfere in cases of libel. He hoped "in obtaining a verdict, the mischief" that they would get credit for not "would be aggravated; and it might" willingly having, as it were, called "not be a very easy matter just now to upon the Attorney-General to institute "obtain a verdict. The proper correc- prosecutions for political offences, and "tive was an improved state of the pub- "that it would be left to their discretion "le mind, and that was to be only at-" to say what offences should, and what "tained by the diffusion of sound know-" should not, be thus prosecuted. (Hear.) "ledge, which again depended on an "As to the publication referred to by "impeded circulation of opinion. In the hon. Member for Romney, he "saying this, he was not the apologist" would not then offer an opinion. He "of the abuses of the press; all that he" would studiously abstain, and he "meant was, that prosecution was not "thought it the duty of every hon. "the most efficient remedy, and that" Member also to abstain-from pre"the dissemination of useful instruc-"judging the question by an opinion on "tion was. "its merits. He would, he repeated, The CHANCELLOR of the EXCHEQUER "offer no opinion whatever with refer"would not detain the House many mi-"ence to the tendency of the publication. "nutes on the present occasion. It was "Nor would he say whether it was or "not only his own opinion, but that of" was not one of those offences which "the best judges, that it was more expe- "the Attorney-General had been called "dient to leave the question of prosecu- upon to prosecute; but he would say, "tion in cases similar to that just sub-" that to adopt the hon. Member's mo"mitted to the House by the hon. Mem- tion would be to prejudge the ques"ber for Romney, to the discretion of" tion, and so far impede the adminis"the Government, than that they should "tration of justice and defeat the end "be thus entertained by the House." the hon. Member may have proposed "(Hear.) Undoubtedly occasions might" to himself. (Hear, hear.) Besides, there "present themselves in which the was no precedent-at least for the last "House might inquire into the neces- "50 years-for such a motion: that is, sity of a prosecution by the law-" for the House's anticipating, as it "officers of the Crown of writings of a were, the functions of the Attorney"libellous or seditious tendency; but" General unless in cases affecting its own " even then he held that it would be the immediate privileges. In such cases, "better course not to inquire till after" but in such cases only, could the "the prosecution had been instituted" House be justified, on principle and or wholly declined by the Govern-"precedent, to assume its right and ment. If the House did not place power of interference. But the pre"confidence in the present Government," sent was no such case, and therefore and therefore felt that it should take "should not be entertained by it. (Hear, "upon itself the duties which properly" hear.) He begged to be understood as "devolved on the executive, it would "not questioning the abstract right 66 66 66 66 "Mr. G. PRICE also would suggest to his honourable Friend the expediency of withdrawing his motion, and leaving the matter in the hands of "the Government. 66 "and power of the House's interfering" House, to withdraw his motion. "in cases like that then before it, if so "(Hear, hear.) "thought fit and expedient; but as only deprecating the necessity and "policy of its then exercising that right" "and power. (Hear.) If he was right "that, as a general principle, it was "better to leave it to the discretion of "Lord NORREYS said, one of the "ministers whether prosecutions should" most powerful engines by which the or should not be instituted for politi-" promoters of sedition operated on the "cal offences in ordinary times, it was" minds and passions of their deluded "still more so in the existing state of" victims, was the distressed state of "the public mind. (Hear, hear.) Let" the country. He did hope his Ma"the House consider how-supposing "jesty's Ministers would during the "that a prosecution should be insti- "recess give the matter their most se"tuted the decision might be influ-"rious attention, that they would find "enced by the previous discussion of a" some effectual and adequate measures "necessarily popular assembly. (Hear.)" for relieving the distressed state of "Would it not be impossible but that " agriculture, and that by placing some "the opinions which would be elicited legislative check against the too free "in the course of the discussion in that" adinission of foreign materials, they "House, on the present publication" would afford protection to trade and "for example-would interfere with agriculture, Let the House alleviate "the due administration of justice, sup- "(at least attempt to alleviate) the disposing it was afterwards to be refer-"tress, so general in its consequences, "red to a jury? (Hear, hear.) Would" and so universal in its extent. Let not, in fact, such prejudging of the "them show that they were not unσε question be productive of the most "mindful of the difficulties of the "mischievous consequences to the ends country, and the promoters of sedition "of justice? (Hear, hear.) He trusted," would in vain circulate their poison"then, that the House would not open ous and inflammatory pamphlets. "the door to such mischievous conse- "Mr. A. TREVOR said, that in "quences by laying down the precedent" bringing this subject before the House "of the present motion. As, however," he had only been actuated by a sense "he was not disposed to offer a decided" of duty. Nothing could have been negative to the hon. Member's propo- "farther from his intention than to em"sition, he would adopt the course "barrass the Government; and he "usually followed under such circum-" could, perhaps, give no better proof"stances, and pass on to the order of" of the sincerity with which he said "the day, by moving the previous" so, than by withdrawing his motion. "question. (Hear, hear.) "(Hear, hear.) σε 66 66 A GENERAL FAST. "Mr. PERCEVAL said I rise to give notice, that immediately after "the recess I shall move that an ad"dress be presented to Ilis Majesty, " praying that His Majesty will be gra ciously pleased to appoint a day for a "Several hon. Members.-A general "what? "Mr. CROKER begged leave to sug- "The motion was accordingly with"( gest to his honourable Friend, after" drawn. "the declarations of the noble Lord "opposite, that the Attorney-General "had been ordered to institute pro"secutions for some political offences; "and as the interests of justice would "be more promoted by leaving the inIstitution of such prosecutions to the 66 "discretion of Ministers, the responsi-"general fast"ble authorities; and above all, as in "the present excited state of the public, "mind there might be great danger "Mr. PERCEVAL continued. —A ~ "from a hostile discussion in that" general fast throughout the kingdom. 29 said this, for I never saw it, and did not dream that cruelty had been carried to this extent. A female, and an idiot too, made to draw a cart, like a horse or an ass! And this in England; and yet rascally Scotch blood-suckers say, that the English labourers are, and have recently been, as well treated as they ever were! They will be as well treated, you greedy and lazy vagabonds; they will be as well treated as they ever were; and that, too, in spite of ali that you can do to the contrary. "(Cries of "Oh! oh!" and much" IDIOT! And I have exaggerated, " laughter.") have I! And the rascally Scotchmen Now, I do not ascribe any of this stuff have the audacity to say, and the rasto the persons, whose names are put cally loan-mongering and stock-jobbing against it. It is a publication, and, the writers along with them; they have the first part of it a stupid string of lies and audacity to say, that THE ENGLISH calumnies on me. In my next Register, LABOURERS ARE AS WELL OFF I shall, perhaps, (though it is hardly AS THEY EVER WERE! worth while) find room for a laughing exaggerated, have I! I never said old commentary on this bundle of blunder- men and women were made to draw ing lies. In the meanwhile, I express carts, like beasts of burden. I never my hearty contempt of the base publication; and I will make the rascally author of it, whoever he may be, feel, that he will gain nothing by such attacks upon me. These mercenary wretches of the hireling broad-sheet are really half mad; they know what immense power I have; and they know that I beat them all; they know well that I labour for the good of my country; but they also know that that good cannot be effected without their overthrow they know, that the restoration of the people to their rights would drive them to do that which would be to them worse than death; namely, GO TO WORK. This is what the rascals are afraid of; they would shed the blood of half the people, rather than be cmpelled to sweat for their bread. They will come to that, however; or, to those potatoes, on which they are now striving to make the English labourers continue to live, but in which they will not succeed; and in which, God granting me life, they shall not succeed. One of the great charges that this vagabond author of this stupid and lying publication brings against me is, that I have told the labourers that if they cannot obtain the means of existence in any other way, they have a right to take them where they find them. This is true enough in substance; and so far am I from denying it, that I glory in having maintained the doctrine, if there can be any glory in having truly stated the law of the land. But is this a new thing with me? I The case of the labourers is said to maintained the doctrine in a most have been exaggerated by me; and, at elaborate manner in my publication the opening of the Special Commission called THE POOR MAN'S FRIEND, at Winchester, Baron VAUGHAN said several editions of which have been pub"their distresses had been greatly ex- lished, and there is one new one now, aggerated." What did he hear on price Sd. This work consisted of four Tuesday last? Why, this: that at Numbers, which were published monthly, FAWLEY the ASSISTANT (hired under in 1826-7. Three thousand copies of Sturges Bourne's Bill) OVERSEER kept each number (3d each) were sent as a A CART, and WOMEN, as well as men and present from me to the electors of Presboys, DRAW IT, like cattle. The ton, and distributed to them by Mr. witness, JOSEPH BUNDY, told the Judge EAMER, at my expense. The Numbers that "many of the men had ONLY A were all published in the Register. It "FEW POTATOES IN THEIR is a regular and sober and learned legal "BAG WHEN THEY CAME TO argument, which has never been an"WORK; that he had seen OLD swered, nor attempted to be answered, "MEN and WOMEN draw the nor can the conclusion be controverted "cart; particularly JANE STEVENS, an with any show of fact or reason by any man living. But what will this base and stupid and rascally author of the publication say when he finds that a barrister has had the spirit to hold this very doctrine before the judges at Winchester, who are now sitting on the SPECIAL COMMISSION there? I read, and with inexpressible delight, that Mr. SEWELL, in defeuding some of the prisoners, said, that "a man with five or "six children, necessitated to support "his family on wages of 9s. a week! "Could the Jury for a moment suppose "that sum sufficient to supply the common wants of nature? If a man saw "his family in distress,-his children 66 starving the law of nature then became paramount to the laws of man. "Laws were made for the benefit of society; but society never required "that one class should starve and others "revel in luxury and wealth." 66 This is the doctrine for which I have always contended, and for it I now contend. The thanks of every just man are due to MR. SEWELL. He has the spirit of a man in him; and I beg him, in a special manner, to accept of MY THANKS: I have lived to hear an English lawyer boldly state this to the face of the Judges, and that too in times like these. It is stated, too, in support of those who can never reward Mr. SEWELL, even by their thanks. It is a disinterested, a noble act, and marks this gentleman out as a man to be honoured. In the next Register, I will state the whole of this argument, and again challenge, not only the base and stupid author of this publication, but all the time-serving lawyers in England, to controvert any part of it. In the meanwhile any one can get it in the POOR MAN'S FRIEND, which, if it had been attended to by the Government, would have prevented all the scene that we now behold. of deception, fraud and infamy; which cannot exist but by that system which drives the people to madness. They read these infamous vehicles, and thus they are blinded to the true state of the people. As an instance of the infamy of these papers, the Bloody Old Times of the 29th Dec. promulgated, that DYKE (at Maidstone)" had confessed his guilt." This is an atrocious lie. The MAIDSTONE JOURNAL contains a full account of the execution; and he not only did not confess his guilt; but denied it with his last breath, and said, that the witnesses against him "would have their Christmas dinner on his flesh and blood." Cannot the authors of this bloody Old Newspaper be punished for this infamous lie? I want this Number of the MAIDSTONE JOURNAL. I beg some friend at that place to send it to me by post. I could not get it for a length of time sufficient for the printing from it. The neighbours of DYKE took his body, buried it in the church-yard, and, as he had been a soldier, they fired over his grave in honour to his remains! What effect, then, will this man's death have? But the grand question, is, What is NOW to be done; for, though prayers are good and proper, we never forget Jupiter and the Wagoner. The first step of all is to listen to prayers like the following: Englishinen, and English ministers particularly, read; read with pride that you can call the petitioners your countrymen; and, let me implore you to FOLLOW their example.-I take the following from the TYNE MERCURY of the 28th of December, "The follow"ing petition, which will lie for signa"ture at the places here referred to, "will speak for itself as to the merits "of the case. Afford yourselves the gratification of doing right, by signing it; but remember that the case admits of no delay, and sign imme In the meanwhile, however, the government may be assured, that SEVE-" RITY IS OF NO USE. The great misfortune is, that the government do not know, and never have known, the true state of the country. They read the London monopoly-newspapers, which are falsehood itself; which are a mass At Mr. Mackenzie's, Pilgrim-street; At the Tyne Mercury Office. "diately, as the petition' must be for-"more strictly (though mistakenly) "from public motives; and that in the Your devoted, humble servant, "Blessed are the merciful, for they Matthew, chap. 5, v. 7. &c. 66 66 I present disturbed not to call it convulsed, condition of your Majesty's "dominion, your humble petitioners do "hope that it will appear to your Ma"jesty not less consonant to enlight"ened policy to dismiss with mitigated "and admonitory punishment, than it To the King's Most Excellent Majesty," is, they are persuaded, at all times "is, "native to your royal generosity to par"We, your Majesty's sincerely duti-"don. In addition to the considerations "ful and loyal subjects, inhabitants of" which your Majesty's petitioners have "Newcastle upon Tyne and the neigh- already ventured to suggest, they "bourhood thereof, approach your "would humbly crave leave to add, "Majesty with feelings deeply interest-" that they are anxious that a new ad"ed on behalf of certain individuals, "ministration, pledged, under your Ma"fellow-subjects of your Majesty's "jesty's royal sanction, to redress of "petitioners, some of whom have un- grievances, should not commence "happily been convicted of, whilst their rule, with evil auspices, by mea"others are about to take their trials" sures of severity; that whilst conspirafor, acts of incendiarism, and of riot-"tors are expected to be spared, even by "ous violence and depredation; but "the violence of revolution, in a neigh"acts, may it please your Majesty," bouring land, some leniency may "committed under the influence of" still more consistently be extended to "popular excitement, arising out of "the less deeply guilty of our own; extreme and long-continued public and, finally, that your humble peti"sufferings, such as it has rarely been "tioners feel they do but echo the feelthe lot of any people to endure, and". ings of your own royal bosom, in "never before, as in the present case, wishing that the sword of your Ma" arising out of erroneous legislation, "jesty may never be reddened by one " inefficient and perverted institutions," single drop of your people's blood, "the virtual subversion of public rights, "shed under any form or modification " and the total annihilation of all genu"of civil contest. And now that your "ine popular weight and influence in the" Majesty, and your royal consort, may "Commons House of Parliament. long enjoy the happiness of that re"We know full well, may it please "flection, along with the devoted and "your Majesty, the capital severity de- " cordial affection of your Majesty's "nounced by law on such offences, and "most loyal, though deeply burdened "do not question, in the abstract, the" people, your Majesty's most dutiful propriety of such severity; but we" petitioners, as they are in duty bound, 66 66 "humbly submit, and beseech your" will ever pray, &c. "Majesty mercifully to consider, that This is the first step. The next is to "the moral character of the acts in repeal the new game laws awarding " question is greatly modified, and to a transportation for night-poaching, and "profound degree extenuated, by their also the new trespass law, and, above "connexion with the intolerable private all things, repeal Sturges Bourne's two "sufferings and public wrongs of the Vestry Acts. My real opinion is, that "class whence they emanate; that these measures, which may be adopted "even in cases where the distress in twice 48 hours, would, and especially " of the convicted individual may per- if done at the recommendation of the "chance have been comparatively in- King, do more to quiet the country "conside able, he may possibly be people than a special commission per"found in the sight of Heaven less manently sitting in every county in the "criminal on that account, as acting kingdom. There are other measures, |