| honour, and I look forward to be speedily relieved by your Sentence, from the dark and horrible insinuations which have gone forth, and deeply wounded my peace of mind, and affected my character as a Captain of a British man-ofwar. I apologize for occupying so much of your time, acknowledging the attention and interest you have manifested on this occasion, and confidently expecting a favourable result from your feelings of justice and honour, actuated by the Evidence which has been adduced before you; and which, I must submit, does in no respect substantiate the very extraordinary accusation that has been preferred against me. SENTENCE. specting the state of the island. I was in formed afterwards, on my arrival at Barbadoes, that I was mistaken on this subject, which 1 must ever deplore; it cannot, however, be denied, that this island is within the observation of passing vessels. For this fact I beg to advert to the evidence on the part of the prosecution; and also to the conclusion of the Letter from Sir A. Cochrane. I must again deny that any fatal consequence befel this man; as to this point, I might safely rest on the presumption of law, in favour of the man's existence, unless his death be proved: as to this, I again beg leave to refer to the evidence before you, and once more draw your attention to Sir A. Cochrane's-Dated 6th February, 1810.—W. LAKE. Letter, whereby be expresses himself fully satisfied as to the man's safety. Gentlemen, it appears, that my Commander in Chief, Sir A. PURSUANT to an Order from the Right Hon. Cochrane, took this affair under his enquiry, the Lords Commissioners of the Admiralty, with ever means of information afforded to dated the Sd of Feb. instant, and directed to him; and the result of his mature and unbiassed the President, setting forth that a Letter had judgment was, that the case did not require been addressed to their Lordships by the Rt. him to try me by a Court Martial, but he did, Hon. Charles Bathurst, enclosing a Letter to agreeably to the feelings of his honourable cha-him from Mr. Charles Morgan Thomas, dated racter, enquire into, adjudge, and punish me on His Majesty's Ship Neptune, Fort Royal Bay, the occasion, for I was seriously admonished by Martinique, the 24th of March 1809; in which him, as he states in his Letter; and what but it is stated, that the Hon. Warwick Lake, punishment can that be to a feeling, manly, and when commander of His Majesty's Sloop the honourable mind; I did therefore hope, that Recruit, did, on the 13th Dec. 1807, cause a this unfortunate event had been sufficiently seaman of the name of Robert Jeffery, to be visited, and that the present Court Martial landed on the desert island of Sombrero; and might have been deemed unnecessary; but I that their Lordships, in consequence of the do not mean this as the language of complaint; said Letters, directed, by their Secretary's LetI bow to the wisdom and justice of the Lords ter of the 6th Dec. 1809, Admiral Sir Roger Commissioners of the Admiralty, who have Curtis, Bart. to cause an inquiry to be made thought it proper to put this matter into a train into the circumstances above mentioned on of further investigation; and some circum-board His Majesty's said sloop Recruit. And stances of my case must make it apparent, that that the Admiral had transmitted to their LordI had no wish to impede or protract the en-ships, in his Letter to their Secretary of the quiry. cannot be prevailed upon to speak 9th Dec, 1809, a Report, dated the day preof myself, but it is possible that you may know, ceding, which he had received from the Capthat an early testimony was bestowed upon me tain's of His Majesty's Ships, Caledonia, (I hope not ondeservedly) for having done that, Monarch, and Bellona, by which it appears, which I admit was nothing more than my duty, on examining the log of the Recruit, that Robert and which I do not pretend was worthy of no- Jeffery, seaman of the said sloop, was landed tice. This, however, is a subject which it does on the island of Sombrero on the 13th Dec. not become any inan to dwell upon, and I hope | 1807, at 6 P. M. The Court proceeded to into be excused for even alluding to it; but, Gen- quire into the conduct of the said Hon. Wartlemen, when I am presented to your notice wick Lake, as commander of His Majesty's cruel and oppressive, am I not vindicated from said sloop Recruit, upon the occasion above the charge by the evidence; Mr. Hobson in mentioned, and to try him for having ordered particular I consider as saying expressly, on his and caused the said Robert Jeffery to be landed solemn oath, that he does not believe me capa- on the said island of Sombrero on the 13th ble of such acts; for he states, that he is most Dec. 1807 at 6 P. M. And having heard the certain, that I would not have ordered Robert Evidence produced in support of the charge, Jeffery to be landed, had I known, believed, or and by the said Hon. Warwick Lake, in his even supposed, that the island was not inhabit-Defence, and what he had to allege in support ed. In addition to this, I might (if I could be permitted so to do) adduce the unsolicited and unexpected evidence of a inost handsome Letter from the Officers of my own ship. I must ever feel obliged to those gentlemen for ad dressing it me, whether I am allowed to lay it before this Honourable Court or not. I rely implicitly on your good sense, experience, and thereof; and having maturely and deliberately weighed and considered the whole,--the Court is of opinion, That the Charge has been proved against the said Ilon. Warwick Lake, and doth adjudge him to be dismissed from His Majesty's service; and the said Hon. Warwick Lake is hereby dismissed from His Majesty's service accordingly. LONDON :—Printed by T. C. HANSARD, Peterborough - Court, Fleet - Street: Published by R. BAGSHAW, Brydges-Street, Covent Garden :-Sold also by J. BUDD, Pall-Mall. COBBETT'S WEEKLY POLITICAL REGISTER. VOL. XVII. No. 12.] LONDON, SATURDAY, MARCH 24, 1810. [Price 18. "No Freeman shall be taken, or IMPRISONED, or be disseised of his Freehold, or Liberties, or "Free Customs, or be out lawed, or exiled, or any otherwise destroyed; nor will we not pass upon him, "nor condemn him, but by lawful Judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man, either Justice or Right."-MAGNA CHARTA : Chapter XXXIX. "PERSONAL LIBERTY is a natural inherent right, which cannot be surrendered, or forfeited, "unless by the commission of some great and atrocious crime, and which ought not to be abridged, in "any case, without the special pe mission of law. A doctrine coeval with the first rudiments of the "English Constitution, and handed down to us from our Saxon ancestors, notwithstanding all their "struggles with the Danes, and the violence of the Norman Conquest: asserted afterwards, and con"firmed by the Conqueror himself and his descendants: and, though sometimes a little impaired by "the ferocity of the times, and the occasional despotism of jealous and usurping princes, yet established "on the firmest basis by the provisions of Magna Charta, and a long succession of statutes enacted "under Edward III. To assert an absolute exemption from imprisonment in all cases, is inconsistent "with every idea of law and political society, and, in the end, would destroy all civil liberty, by ren"dering its protection impossible: but the glory of the English Law consists in CLEARLY DEFINING "the times, the causes, and the extent, when, wherefore, and to what degree, the imprisonment of the "subject may be lawful."-BLACKSTONE'S COMMENTARIES. Book III. Chap. 8. 417] POWER OF IMPRISONMENT, BY THE HOUSE OF COMMONS. [418 bitrarily whenever he or his officers thought "proper, there would soon be an end of "all other rights and immunities. Some "have thought that unjust attacks even "upon life or property, at the arbitrary "will of the magistrate, are less dangerous IN my last Number, I intimated my" to the Cmon-wealth, than such as are resolution to resume the discussion of this made upon the personal liberty of the question without delay; but, happily subject. To bereave a man of life, or, for the public cause, I am enabled to " by violence, to confiscate his estate, effect my intended purpose much more "without accusation or trial, would be so effectually by publishing, by sending, at "gross and notorious an act of despotism, once, from one end of the kingdom to the" as must at once, convey the alarm of other, the whole of the Argument of SIR" tyranny throughout the whole kingFRANCIS BURDETT, in the House of Com-"dom: but confinement of the person by mons, on the 12th instant, together with" secretly hurrying him to jail, where his an Introductory Address to his Constituents." sufferings are unknown or forgotten, is a Reader, look at the Motto. There" less public, a less striking, and therefore, you see a description of the English law a more dangerous engine of arbitrary goin this respect. Is this a mere parcel of "vernment.” -Just so now; for, who words, then? Is it a deception; a fraud; does not perceive, that, if such a man as a farce; a humbug; a mere whim; a Sir Francis Burdett had not been found to dream; or is it a reality? Was Black- espouse the cause of Mr. Gale Jones, the stone hoaxing the world; or, did he latter would have been very soon forreally mean what he said?Till this gotten by the public; while his fate point be settled, all other questions are of would have operated as a terrific lesson little importance. Blackstone speaks of to all those, who know him, and particuthe power of imprisonment at pleasure as larly all those who have any thing to do being the worst of all the attributes of with the Press. This Privilege of tyranny. "Of great importance to the the House of Commons is now discussed public," says he," is the preservation of this PERSONAL LIBERTY: for, "if once it were left in the power of any, "the highest, magistrate, to imprison ar for the first time. It was one of the engines by which the kingly government itself was overturned, in the seventeenth century. LORD CLARENDON, in his History of the Rebellion, Book IV. speaks of it thus. "create them such, as it was a doctrine It is not to be believed how many "never before now heard of, so it could "sober, well-minded men, who were real "not but produce all those monstrous eflovers of the peace of the kingdom, and "fects we have seen; when they have "had a full submission and reverence to "assumed to swallow all the rights and "the known laws, were imposed upon, prerogatives of the Crown, the liberties " and had their understandings confound-" and lands of the Church, the power and ed, and so their wills perverted, by jurisdiction of the Peers, in a word, the "the mere mention of privilege of Parlia-"Religion, Laws, and Liberties of Eng"ment; which, instead of the plain and land, in the bottomless and insatiable gulph "intelligible notion of it, was by the "of their own privileges. And no doubt "dexterity of those boutefeus, and their "these invasions, on pretence of privi"under agents of the Law, and the su-"lege, will hereafter be judged to have "pine sottishness of the people, rendered" been the most unparalleled, and capital "such a mystery, as could be only explain-"breach of those privileges, that had ever "ed by themselves, and extended as far" yet been attempted.' -Here is the "as they found necessary for their occa- true doctrine of Parliamentary Privilege; "sions, and was to be acknowledged a good and, according to this doctrine, there is "reason for any thing that no other reason no privilege, possessed by the House of "could be given for. We are, say they, Commons, which THE LAW hath not de" and have been always confessed, the clared to be a privilege. This is very rea"only judges of our own privileges; sonable. We are not, and need not be, "and therefore whatsoever we declare afraid of any Privilege, which the law has "to be our privilege, is such: otherwise created; because, in such case, the nature "whosoever determines that it is not so, and extent of the Privilege is defined; there "makes himself judge of that, whereof is a boundary to it. But, what do any of "the cognisance only belongs to Us.' us know, or can any of us know, of the na"And this sophistical riddle perplexed ture and extent of those Privileges, which many, who, notwithstanding the despe- the House itself is to create, and to inter"rate consequence they saw must result pret according to their pleasure?——I "from such logic, taking the first propo- will not longer detain the reader from the "sition for true, which, being rightly Article which follows, and which I regard "understood, is so, have not been able to as being of far greater public importance, "wind themselves out of the labyrinth than any that I ever before published."of the conclusion: I say the proposition I cannot, however, refrain from adding, rightly understood: they are the only that, if any one should be inclined to an"judges of their own privileges, that is, swer, through this same channel, arguupon the breach of those privileges, ments that have, as yet, received no an"which the law hath declared to be their own, swer, I shall be, at all times, ready to pub "and what punishment is to be inflicted lish what they may send me, with this "upon such breach. But there can be sole condition, that they PUT THEIR NAMES "no privilege, of which the lawv doth not to what they send to me for publication. "take notice, and which is not pleadable by, I am, however, thoroughly convinced, "and at law."Again: "And indeed that there is no LAWYER in England, who "these two, of freedom from arrests for will put his name to an opinion, that "their persons (which originally hath not there exists in England any man, or body "been of that latitude to make a Parlia- of men, who have a right to cause to be "ment a sanctuary for bankrupts, where seized and imprisoned any man, without "any person outlawed hath been declared trial, or without oath made against him, "incapable of being returned thither a and to keep him in prison during the "meniber) and of liberty of speech, were pleasure of the person, or persons, who "accounted their chiefest privileges of have committed him; and, I am also "Parliament: For their other, of access thoroughly convinced, that neither the "to the king, and correspondence by con- Lord Chief Justice nor any one of the ference with the Lords, are rather of Twelve Judges, would refuse to release "the essence of their Councils, than pri- MR. JONES, if he were now brought be fore him upon a writ of Habeas Corpus. WM. COBBETT. London, 23d March, 1810. 48 vileges belonging to them. Bet that "their being judges of their privileges "should qualify them to make new privi leges, or that their judgment should SIR FRANCIS BURDETT TO HIS CONSTITUENTS; DENYING THE POWER OF THE LAND. * GENTLEMEN: The House of Commons having passed a Vote, which amounts to a declaration, that an Order of theirs is to be of more weight than Magna Charta and the Laws of the Land, I think it my duty to lay my sentiments thereon before my Constituents, whose character as free-men, and even whose personal safety, depend, in so great a degree, upon the decision of this question-a question of no less importance than this: Whether our liberty be still to be secured by the laws of our forefathers, or be to lay at the absolute mercy of a part of our fellow-subjects, collected together by means which it is not necessary for me to describe. Either the House of Commons is authorized to dispense with the Laws of the Land; or it is not. If the Constitution be of so delicate a texture, so weak a frame, so fragile a substance, that it is to be only spoken of in terms of admiration, and to be viewed merely as a piece of curious but unprofitable workmanship; if Magna Charta and all the wholesome Laws of England be a dead-letter: in that case, the affirmative of the proposition may be admitted; but, if the Constitution lives, and is applicable to its ends; namely, the happiness of the community, the perfect security of the life, liberty, and property of each member and all the members of the society; then the affirmative of the proposition can never be admitted; then must we be free-men; for we need no better security, no more powerful protection for our Rights and Liberties, than the Laws and Constitution. We seek for, and we need seek for, nothing new; we ask for no more than what our forefathers insisted upon as their own; we ask for no more than what they bequeathed unto us; we ask for no more than what they, in the Testament which some of them had sealed, and, which the rest of them were ready to In order to give to this subject all the seal, with their blood, expressly declared to attention to which it is entitled; and to be" the Birth-right of the People of Engavoid the danger, to be apprehended from land;" namely, "THE LAWS OF ENGLAND. partial views and personal feeling, it will To these Laws we have a right to look, with be advisable to argue the question on confidence, for security; to these laws the its own merits, putting the individual individual now imprisoned has, through (however we may deplore his present me, applied for redress in vain. Those, sufferings) out of view; though, at the who have imprisoned him, have refused same time, every man ought to consider to listen to my voice, weakly expressing the case his own; because, should the the strong principles of the Law, the principle, upon which the Gentlemen of undeniable claims of this Englishman's the House of Commons have thought" Birth-right." Your voice may come proper to act in this instance, be once with more force; may command greater admitted, it is impossible for any one to respect; and, I am not without hope, conjecture how soon he himself may be that it may prove irresistible, if it pra summoned from his dwelling, and be hur- claim to this House of Commons, in the ried, without trial, and without oath same tone as the tongues of our ancestors made against him, from the bosom of his proclaimed to the kings of old, "NOLUfamily into the clutches of a jailor. It is," MUS LEGES ANGLIE MUTARI;" or, in therefore, now the time to resist the docour own more clear and not less forcible trine, upon which Mr. Jones has been language; "THE LAWS OF ENGLAND SHALL set to Newgate; or, it is high time to "NOT BE CHANGED." cease all pretensions to those Liberties, which were acquired by our forefathers, after so many struggles and so many sa crifices. For the convenience of those who may not take the Register, this Address will be published on Monday in the shape of a Pamphlet, The Principle, Fellow-Citizens, for which we are now contending, is the same principle, for which the people of Eng land have contended from the earliest ages, and their glorious success in which contests are now upon record in the Great Charter of our Rights and Liberties, and in divers other subsequent Statutes of scarcely less importance. It was this same great Principle, which was again attacked by But, I would fain believe that such is not to be our fate. Our Fore-fathers made stern grim-visaged PREROGATIVE hide his head: they broke in pieces his sharp and massy sword. And, shall we, their Sons, be afraid to enter the lists with undefined PRIVILEGE, assuming the powers of Prerogative? I shall be told, perhaps, that there is not much danger of this power being very frequently exercised. The same apology may be made for the exercise of any It would be difficult, I should suppose, to find any man upon earth, however despotic his disposition, who would not be contented with the power of sending to prison, during his pleasure, every one who should dare to do any thing to displease him. Besides, when I am told, that there is little danger that the Gentlemen in the House of Commons will often exercise this power, I cannot help observing, that, though the examples may be few, their effect will, naturally, be great and general. At this moment, it is true, we see but one man actually in jail for having displeased those Gentlemen; but, the fate of this one man (as is the effect of all punishments) will deter others from expressing their opinions of the conduct of those who have had the power to punish him. And, moreover, it is in the nature of all power, and especially of assumed and undefined power, to increase as it advances in age; and, as Magna Charta and the Law of the Land have not been sufficient to protect Mr. Jones; as we have seen him sent to jail for having described the conduct of one of the members as an outrage upon public feeling, what security have we, unless this power of Imprisonment be given up, that we shall not see other men sent to jail for stating their opinion respecting Rotten Boroughs, respecting Placemen and Pensioners sitting in the House; or, in short, for making any declaration, giving any opinion, stating any fact, betraying any feeling, whether by writing, by word of mouth, or by gesture, which may displease any of the Gentlemen assembled in St. Stephen's Chapel? Then, again, as to the kind of punishment; why should they stop at sending persons to jail? If they can send whom they please to jail; if they can keep the persons, so sent, in jail as long as they please; if they can set their prisoners free at the end of the first hour, or keep them confined for seven years: if, in short, their absolute Will is to have the |