Obrazy na stronie

ed victory.- Remember the Swiss and the The Correspondent contains addresses Netherlands !

from the Russian General Baron Tittenborn (Signed) FREDERICK William. to the inhabitants of the lest bank of the

river Elbe, and to the inhabitants of the Breslau, March 17, 1813.

city of Lubeck, exhorting them to take up

arms in this sacred war, telling them they Berlin, March 13.-The 11th of March know the fate of the Grand French Army, was the day appointed for the public entry which has been entirely destroyed on the of his Excellency Count Wittgenstein. The plains of Russia, and assuring them that procession began about ten in the morning. powerful armies are hastening to their supHis Royal Highness Prince Henry of Prus-port. There is also a notification signed sia rode by the side of his Excellency the by the same Baron (Tittenborn), for the General of Cavalry, Count Wittgenstein, meeting of a volunteer corps in Hamburgh, attended by a great number of Russian and which is to bear the name of the Hanseatic Prussian guards, a regiment of dragoons, Legion, and form a part of the Army of the two regiments of infantry, and several bat- North of Germany. teries of artillery, of twelve pieces each : Berlin, March 18.-By his Majesty's in the whole 48 pieces of artillery, with 96 special direction the undersigued Comunispowder waggons, martial music playing sion has published the following order of the ihe whole time, and the spectators waving day, relative to Gen. Von York: their hats and handkerchiefs, with a conti- “ After having been fully convinced of nual huzza! in honour of the Emperor the justification of Gen. Von York, relative Alexander, which was answered by the to ihe convention concluded with the RusRussians, with shouts of “ Long live Fre- sian Gen. Debitsch, and by the judgment 66 derick William.". - In the afternoon of the Commission appointed to inquire Prince Henry of Prussia gave a dinner to into this transaction, consisting of Lieut. Prince Wittgenstein, Prince Repnin, Gene- Von Diezicke, and Major-Generals Von ral and Military Governor of this capital, Scholer and Von Sanitz, that General Von and a great number of other Russian guards York was entirely free from blame, with and officers. His Excellency afterwards respect to that convention, which was occa. went to the Opera, and at night the whole sioned by the delayed march of the tenth city was voluntarily illuminated. The corps d'armee from its position before Riga, next day his Excellency caused the follow- by the total dispersion of that corps, and ing acknowledgment to be inserted in the by the advantageous conditions offered hiin pul lic Gazettes of this city:

by the Convention, I hereby make known “ By the enthusiasm with which the in the same to the army, with the addition, habitants of Berlin have received the Impe- that I not only confirm General Von York rial Russian troops ; by the affection and in the command of the corps intrusted to high respect which they have on this occa- him, but also in proof of my satisfaction sion expressed for his Majesty the Emperor and perfect confidence in him, have given my Master ; by the esteem and gratitude to him the chief command of the troops with which they have treated the troops, under Major Von Bulow. whom they consider as their deliverers from

Breslau, March 11. FRED, William. an insupportable yoke, I feel myself required to express the warmest thankfulness in the Berlin, March 16.-Royal High Comname of my Sovereign, to the inhabitants mission of Government, of the capital of the Prussian Monarchy,

Gotz, for these sentiments ; I shall not fail to

KIRCHEISEU, and state them to his Majesty the Emperor, and

SHU EKMANN. I doubt not that they will make the same impression upon him as they have made Proclamalion of the Saxon Commissioners. upon myself.

The Commission of Government appoint6. Count WITTGENSTEIN, General of ed by his Majesty the King of Saxony to reCavalry."

(To be continued.)

Published by R. BAGSHAW, Brydges-Street, Covent Garden.

LONDON: Printed by J. M'Creery, Black-Horse-Court, Fleet-street.

Vol. XXIII. No. 19.]


[Price 1s.



a large annuity for undertaking to screw SUMMARY OF POLITICS.

up persons' assessments to the extent of MB. CREEVEY's Case, - This is a case

his own imagination. The learned Coun-' of considerable interest, and, indeed, of " sel added, that the libel went on to insult great public importance. The charge“ the memory of the late Mr. Perceval, by against this gentleman was that of Libel on asserting, that he had given Mr. Kirka Mr. KIRKPATRICK, an inspector of Tuxes “ patrick this appointment, inerely in cortat Liverpool, or in that neighbourhood. “ sequence of his having been his client.

- This man prosecuted Mr. Creevey by " The learned Counsel ther. referred to the criminal process, and, by a Special Jury;" case of the King against Lord Abingdon, the latter was found guilty at the last as-" to shew that the publication of a libei sizes at Lancaster.--I shall first insert" against an individual was not to be justithe report of the Trial, as I find it in the “ fed by the circumstance of its being a news-papers; and, having done that, I “ report of a speech made in Parliament. shall offer to my readers a few remarks on “ He concluded by expressing his convice' the subject. Mr. Park, the Attorney " tion, that the verdict would confirm the “ General for the county, stated, that this doctrine for which he contended.

was a prosecution against Mr. Creevey, “ The publication froin Mr. Creevey's

a Member of Parliament, for having "manuscript having been clearly proved, “ published in the Liverpool Mercury, a "Mr. Brougham first submitted to his

most scandalous and defamatory libel, “ Lordship, upon the authority of the case

highly injurious to the character of a "s of the King v. Wright, that he was not "Gentleman of the name of Kirkpatrick, " called upon to address the Jury. He in"hilling the important office of Inspector “sisted generally that a Member of Parlia* General of Taxes. He did not mean to ment could not be held accountable for "deny the Hon. Member's right to state publishing a true report of what passed " what he pleased in the House of Com- " in Parliament.-- The judge over-ruled

mons—the exercise of that privilege," this point, and the learned Gentleman “ however it might affect the feelings of in- " then addressed the Jury. He said, that

dividuals, could not be called in question ; 66 Mr. Creevey had been urged by many " but he contended, that if a Member of Members of both Houses, justly alarm" the House of Commons afterwards sent “ed at this prosecution, to insist upon his !

to the editor of a news-paper his own “ privilege, but the learned Judge having

report of his speech, he was answerable decided against him, he should now pro" if it contained libellous matter just the " ceed to the other ground of his defence.

same as for the publication of a libel of " He then in a very eloquent and ingenious

any other description. The learned " speech contended, that there was nothing "Counse! then stated, that the libel pur-" libellous in the publication--that matters "ported to be the report of the Honourable " reflecting in a much higher degree upon "Member's speech made upou the occasion or the characters of individuals, had been " of presenting a petition io the House of published as the speeches of Mr. Burke, " Commons against the East India Com- " Mr. Pitt, Mr. Windham, and other emni- .

pany's monopoly. He seemed to have " nent parliamentary characters. He ingone wholly out of his way in order to “ ferred the injurious operation of impost vilify the prosecutor, for he represented " ing any restraint upon the publication of the distresses of the people of Liverpool. “ reports of what passed in Parliament, as having been aggravated by his ap- 66 and on this ground principally trusted pointment to the office of Inspector Ge-" his client would be acquitted. Sir

neral of Taxes-he designated the office “Simon Le Blanc stated his clear opinion " of Mr. Kirkpatrick as that of a common " that it was no extenuation of a libel to "* informer, and insinuated that he received " say that it was the report of a speech in


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“ Parliament. The publication in ques-cedent whereon to plead an exemption. - tion was one which tended to vilify the In an article, which I have seen in the “ prosecutor, who was in the execution of Statesman, it is argued, that, according to "a public trust; and he was therefore the Bill of Rights, no member is to be is bound to say, it was a libel answering called to account out of the House for what " the description given of it in the indict- he says in the House; and, it being adınit. of ment. The Jury were of the same ted, that Mr. Creevey published no more

opinion, and without a moment's hesita- than he said, the conclusion is, that the Bill « tiori

, pronounced a verdict of Guilty. of Rights protects him in the publishing as

-Mr. Brouchas said, he wished 10- well as in the speaking. ---But, surely, " tender a Bill of Exceptions, but he was this cannot be seriously held! The Bill of " informed by the learned Judge he could Rights resers only to what passes in the s6 not do so in a criminal prosecution; and House itself, and has by no means in conos besides that, he should have tendered it templation the publishing of what passes, " before he had taken the chance of the either by the members themselves, or by ".verdict being in his favour."Now, any body else.

-Now, any body else. Indeed, it is perfectly whether there was any thing really libel- notorious, that the publishing of the reporis lous in the publication, is a question which of debates at all is in violation of the Orders I shall not undertake to determine. Indeed, of the House. People do it; but they I never read the Speech, that I know of, as may be punished for it; the act is a breach it stood in the parliamentary Report, and of privilege; and, to suppose, that the certainly I never read the publication in members can with impunity violate the pri. question. The point, therefore, whether vilege of their own House would be strange the publication was, or was not, libellous, indeed. If the editor of the Liverpool I shall leave wholly untouched ; and shall Mercury, or I, or any other proprietor, or meddle only with the doctrine, which is set editor, of a news-paper, had printed the up in this particular case.-----Mr. CREEVEY speech of Mr. Creerey, we, of course, having made a speech in parliament respect-- should have been punishable as libellers ; ing this Kirkpatrick, who, it seems, was supposing the speech to be libellous; beformerly an Attorney, and who was made cause; if we had said that it was not a thing by Perceval an Inspector General of Taxes, of our making, but a speech uttered in par. he afterwards caused that speech to be put liament, that would have been alleged as an into print, and to be published in the Li-' addition to our offence, seeing that to pubverpool Mercury --Here, said Kirkpa- lish any such speech is what is called a trick, I have him! Here he is upon a breach of privilege. And, why is a wemlevel with other writers and other publish- ber to be permitted to publish his own ers; and, accordingly, he commenced that speech? What reason is there for it? In criminal prosecution, the result of which this particular case, indeed, it is said, that we have seen above.--It is, we observe, Mr. Creevey published bis real speech, in contended, that Mr. Creevey was exempt. order to correct the errors which had gone ed from the ordinary operation of the law, forth in the report which others had pub. his publication being, no more than a cor- lished of that speech. But, we must bear rect account of what he said in the House of in inind, that the doctrine applies to all Commons; and Mr. Brougham pleads the speeches inade in parliament; and, if ouce privilege of his client, upon the ground of adopted, might be brought to bear upon the decision of the Court of King's Bench any occasion whatever. The truth is, in the case of Wright. But, with submis- that what is here contended for is, a privi. sion, this was not a case at all in point. lege in a member of parliament to publish, Wright was prosecuted for publishing a re- with impunity, just what he pleases against port, not of a speech, but of a Commitlee. any individual in the world; for, his privi. It was an official document; it was a paper lege, in the first place, protects him while put on record. It contained matter very he is saying what he pleases, and then, at injurious to the character, and might tend any time afterwards, comes this new privito endanger even the life of the party com lege of publishing all that he has ever said plaining. It was a document which ought in the way of speech, though, at the time not to have been published; and, in my of the publication, he may be, as Mr. opinion, such publications may be amongst Creevey was, out of parliament.-Can the most cruel of libels. But, be this as it the Bill of Rights have had such a terrible may, the case was very different indeed privilege as this in contemplation? If so, from the case before us, and afforded no pre- it was, indeed, most aptly denominated a Bill of Wrongs. The reader will bear in seems to me to be quite untenable. A mind, that we are speaking of the doctrine member of parliament is, as far as relates in its general operation, and not endea - to his speech in the House, protected by vouring to show the evil of having used the the Bill of Rights; but, if he steps out of press upon this particular occasion. It it, and, in the character of author, printer, has been thought, and often said, that the publisher, or proprietor, repeats what he liberty which members of parliament have has said in his speech, he puts himself upon to say whatever they please, in their places, a level, in the eye of the law, with all of any body, is only to be tolerated on ac other persons in those capacities. If I, for count of the good which, in other respects, instance, were a member of parliament (and results from that liberty; for, it does seem the thing would be less wonderful than somewhat hard, that a man should be at many that we see); if I were a member of tacked, that he should have all sorts of evil parliament, would Mr. Brougham say, that said of him, that he should be falsely ac- I should have a right to publish in my Recused of all sorts of crimes, that he should gister of the Saturday any attacks


tlic be wholly wilhout any remedy, and that his Judges, or upon any body else, that I assailant should have the power to punish might choose to make in speeches during him as a breaker of privilege, if he dares, the week? I could, I dare say, if I had my in print, tò attempt to repel the assault. full swing, lay it un pretty thick ; and

Suppose, for instance, a member for will Mr. Brougham seriously contend, that some borough, seated in virtue of well- my privilege as a member would protect known means, and having strong revenge me as author and proprietor of a news: to gratify against ide, were to assert, in a paper? If so, what would there be to speech in his place, that I was a thief; that serve as a fence to that amiable conjunction he knew me to be a thief; that I stole from called Church and State ? All that Mr. him a bag of money only six months ago. Paine has said in his Age of Reasou ; all boomI could not punish him for this; Ithat VOLTAIRE had said with more ability could not call him to legal account for it; before him; all this might appear in print, and, if I were even to publish a contradic- in defiance of the Attorney General, and tion of his assertion, he and the House our poor Old Mother, the Church, would might, if they chose, 'send me to jail for a be left to the arguinents and proofs of the breuch of their privileges. Thus, I Clergy, wholly unassisted by the arm of think, this privilege of a member has a the law; for, if I werc so disposed, I could, pretty good latitude without stretching it and so could any man, contrive to work ali any farther ; but, if it be extended to the the anti-christian notions, all the ridicule use of the press; if the man, who has which has been thrown on the Christian falsely accused me of theft in his speech, faith; all this I could easily contrive to work had also the privilege, at any future time, into a couple or three speeches during the and as often as he pleased, to write, and progress of the Curate's Bill, or, indeed, alprint, and publish the same falsehood, most any other Bill, if I had not a mind to merely because it had once been uttered by make a motion for the express purpose. him in the way of speech; if this extension And, is Mr. Brougham prepared to say, as were to take place, what a scourge must a lawyer, that I should afterwards be prothe Houses of Parliament soon become : tected in the publishing of such ridicule ? There would be in the kingdom nearly a -If a member of parliament be not himthousand licensed libellers. Aye, several self the proprietor of a news-páper, it is thousands, for this doctrine would screen easy enough for him, if he be rich, to hire every one who had ever been a member, if columns for whatever he has a mind to say ; be confined himself to the publication of and then, if Mr. Broughan's doctrine be what he had ever uttered in the House. sound, arises this curious absurdity, that, No man's, no woman's character would while the printer and proprietor of the be safe. A peer or a member of the other paper would be liable to punishment for House, in order to gratify his own hatred, giving currency to a member's libels, he or that of any relation, of a wife, or of a himself, as writer, would not be liable to mistress, might assail, in the most unequi- punishment. Then take this case and vocal terms, the character of any person, view it along with that before supposed, or any family, and that, too, through the and you see, that a man is liable to be puchannel of the press; a privilege too terri- nished for publishing a speech in one paper, ble to be thought of without horror. while he who published it in another paper The objection, therefore, of Mr. Brougham, would not be liable to be punished.A

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member might be printer as well as pro- | French has discovered itself. At this prietor of a paper. There the publication Meeting the Duke of Sussex was, it seems, would not be punishable; while, in the in the Chair, and, before I make any repaper of his next door neighbour, it might marks on it, I shall insert the most matesend three or four people to perish in the rial part of the speech of His Royal Highstench of a jail.-- Besides, as if the ab- ness upon the occasion. It was as follows: surdities of the doctrine were without end, * For eighteen years I have, with much who is to prove that the printed speech is attention, marked the effects of the French the same as the speech uttered in parlia-" Revolution. I have, reasoning from ment? The libellous quality of any pub-" analogy, anticipated still more fatal eflication is generally to be found in certain ** fects than those which hạd already taken particular expressions; and who, I say, is place, every day's experience shewing to prove upon oath, that the speech pub-" that my views were not fallacious; and lished is precisely the same as the speech “ I have even maintained, that if the viospoken; and, without such proof, what " lent and wide spreading plague by which would even the privilege contended for we were assailed were not resisted with avail the defendant?—But, I abhor the proportionate violence, universal destrucidea of such a privilege, which, as I have, “ lion must be the inevitable result.I think, clearly shown, would give to ma-"Applause. )-We are not indeed met ay hundreds of persons the right of libel-" to sit in judgment on past events, but a ling whomsoever they pleased; the right

r reference to them does not seem out of of defaming; the right of blasting the re- place, as tending to draw the attention putation of; the right of totally ruining all " to that great teacher, which may impel those against whom they might entertain a us to counsels calculated to promote a spite. No, Mr. Brougham, peers and

or successful termination of that great conthe worthy gentlemen who represent bo- test in which we have been so long enroughıs have, in my humble idea of the “ gaged, in which we are still unfortumatter, quite privileges enough already. " nately engaged, but from which we have I do not wish to see those privileges ex- now belier prospect than ever of extricaltended. They can now speak what they " ing ourselves with advantage and honour. please of any body with impunity, and if " ---- Applauses.)--Perhaps nothing can they could also write and publish what they " be more mortifying than a contrast of pleased with the like impunity, who but " what Germany was at the commencethemselves could bear to exist in the coun- ment of the French Revolution, and try.-- Before I conclude, I must again " what she has since been. At the foriner observe, that I meddle not with the merits " period mighty in arms, and elate in of this case ; and, I cannot refrain from hope, she menaced that power which has adding an expression of my firın belief, " since overrun her soil, and enslaved her that Mr. CREEVEY is amongst the last of " sons--Austria and Prussia, and all her those, whom I should be afraid to trust “ other powerful States, in combination with the privilege contended for by his " for the avowed purpose of quelling the advocate; seeing that he is a man remark" insolence cf French democracy: nothing able for candour and manliness. But, he was conlemplated but the complete discannot have the privilege without its being memberment or annihilation of that possessed by clhers. It is a privilege " nalion. Since then, but I forbear to which no man ought to possess. Indeed, " enter minutely into the afflicting detail, the idea of such a privilege in any man is “ suffice it to say, that by a singular revoan insult to common sense.

“ lution of human affairs, Germany bas

6 fallen beneath the yoke of that Power, - GERMAN Parriots."

“ whose squadrons had passed her best words joined together naturally excite some “protected lines, at the approach of whose degree of curiosity, and the proceedings squadrons her capital" had trembled; now on foot under this title are, in their

66 since that calamitous - period, no opporway, the most curious of the kind. -A " Tunily has been hitherto afforded her of Meeting has, it seems, taken place, in " shuking off the degrading yoke, and reLondon, for the purpose of raising money gaining that character of high renown, by subscription for the aid and support of which I am proud to say, has always the “ German Patriols ;" that is to say, "s been the attribute of the German nation. the people in these parts of Germany, where " At length the opportunity has occurred, an inclination to resist and drive out the " thanks to the exertions by which the

These two

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