Imágenes de páginas
PDF
EPUB
[ocr errors][merged small]
[ocr errors]

coolly and deliberately printing the most virulent and malignant scandal which fancy could suggest upon the Judges themselves. It seems to be material to

Contempt of the Court,' to speak with precision upon the question.

part of the Law, as to any other part of it. Indeed it is admitted, that Attachments are very properly granted for resistance of process, or a contumelious treatment of it, or any violence or abuse of the Mi-fix the ideas of the words Authority' and nisters or others employed to execute it. But it is said that the Courts of Justice in those cases is obstructed, and the obstruction must be instantly removed; that there is no such necessity in the case of Libels upon Courts or Judges, which may wait for the ordinary method of prosecution, without any inconvenience whatsoever. But where the nature of the of fence of libelling Judges for what they do in their judicial capacities, either in Court or out of Court, comes to be considered, it does, in my opinion, become more proper for an Attachment than any other case whatsoever.

[ocr errors]

By our Constitution, the King is the fountain of every species of Justice which is administered in this Kingdom, 12 Co. 25. The King is "de jure" to distribute justice to all his Subjects; and because he cannot do it himself to all persons, he delegates his power to his Judges, who have the custody and guard of the King's oath, and sit in the seat of the King" concerning his justice."

"The arraignment of the justice of the Judges is arraigning the King's justice; it is an impeachment of his wisdom and goodness in the choice of his Judges, and excites in the mind of the people a general dissatisfaction with all judicial determinations, and indisposes their minds to obey them; and whenever mens allegiance to the Laws is so fundamentally shaken, it is the most fatal and the most dangerous obstruction of justice, and, in my opinion, calls out for a more rapid and immediate redress than any other obstruction whatsoever; not for the sake of

the Judges, as private individuals, but because they are the channels by which the King's justice is conveyed to the people. To be impartial, and to be universally thought so, are both absolutely necessary for the giving justice that free, open and uninterrupted current, which it has for many ages found all over this kingdom, and which so eminently distinguishes and exalts it above all Nations upon the earth. "In the moral estimation of the offence, and in every public consequence arising from it, what an infinite disproportion is there between speaking contumelious words of the rules of the Court, for which Attachments are granted constantly, and

"The Trial by Jury is one part of that system, the punishing Contempts of the Court by Attachment is another: we must not confound the modes of proceeding, and try contempts by Juries, and murthers by Attachment; we must give that energy to each which the Constitution prescribes. In many cases, we may not see the correspondence and dependance which one part of the system has and bears to another; but we must pay that deference to the wisdom of many ages as to presume it. And I am sure it wants no great intuition to see, that Trials by Juries will be buried in the same grave with the Authority of the Courts who are to preside over them."

Trinity Term, & Geo. III.-Writs of Attachment were granted against Staples Steare, John Williams, and John Pridden, for Contempt, in publishing the North Briton Extraordinary, No. 4, containing a Letter addressed to Lord Mansfield, Lord Chief Justice, containing gross reflections on his Lordship.

They were all examined upon interragatories, and reported in Contempt.

And in Michaelmas Term, 9 Geo. III. Steare was sentenced to be imprisoned three calendar months.

RESOLUTIONS, PETITIONS, REMONSTRANCES,
&c. on the LIBERTY OF THE SUBJECT and
PARLIAMENTARY REFORM, 1810.
(Continued from p. 941.)

Copy of the LETTER of Sir Francis Burdett,
in Answer to that sent to him by the In-
habitants of Liverpool.

Tower, May 27, 1810. Gentlemon-I feel myself much honoured by the letter delivered to me by Mr. Crump, signed by so large and respectable a body of the inhabitants of Liverpool. Their approbation, and that of the rest of my fellow subjects, I shall ever be proud of obtaining, by a faithful discharge of my duty, in whatever situation I may happen to be placed; and I cer tainly shall never be deterred from doing it by any exertion of illegal power. In vain would our forefathers have struggled

against assumed prerogative in the King, should we tamely submit to an equally arbitrary power, miscalled privilege, in the -House of Commons. In former times judges have been afraid of interfering with the Prerogative of the King; let us hope that the judges of the present day will be afraid of nothing but of acting contrary to the law; in which case we shall never again hear of an unknown, mysterious, undefined, unlimited power above the law, yet making part of the law, and uncontrolled, save only by the caprice of those who exercise it. To secure our country against so dangerous an usurpation in any branch of the Legislature, by means of a freely-elected House of Commons, will ever be the object of my most earnest endeavours; and will, I flatter myself, also be the best means of continuing the esteem and good opinion so handsomely express ed to me in your letter which I have just had the honour of receiving. I remain, Gentlemen, Your most obedient, very humble Servant, FRANCIS BURDETT.

BOROUGH OF SOUTHWARK. At a Meeting of the ELECTORS of the TOWN and BOROUGH of SOUTHWARK, held at the Town Hall, on St. Margaret's Hill, on Wednesday the 13th day of June, 1810, convened at the request of many respectable Electors of the said Borough.—Mr. JOHN TOWNSHEND, Deputy Bailiff, in the Chair, at the request of Sir WATKIN LEWES, High Bailiff of the said Borough. Resolved, That this Meeting are anxious to support all the just Rights and Privileges of the House of Commons, but that they consider the imprisonment of John Gale Jones, without a Trial by Jury, and the forcible entry of the house of Sir Francis Burdett, under the authority of that Honourable House, as an extraordi. nary exercise of power, which they are convinced is contrary to the birth-right of Englishmen, contained in the Great Charter of the land.

ing, that the only effectual method of securing the great barriers of public liberty, of uniting the hearts of all honest men against their foreign and domestic enemies, of preserving the revenues of the country from fraud and peculation, and of giving stability and confidence to that glorious constitution, which has been preserved under Providence, by the struggles and resistance of the Sydneys and Russels, and other distinguished patriots, against arbitrary power, is by a speedy and effectual Reform in the Commons House of Parlia ment.

That such Reform is sanctioned by the Honourable House itself, as they have extended the rights of suffrage in the case of Cricklade, Shoreham, and Aylesbury, where bribery is proved against electors,

but no notice is taken of the sale of seats in that House," at the bare mention of which, our ancestors would have startled," because such sale is as common as the sun at noon day.

the

Resolved, That the thanks of this Meeting be given to Sir Francis Burdett, for his distinguished patriotism in resisting those measures which he considers illegal, and for his ardent zeal to preserve rights and liberties of Englishmen, for his able and judicious Argument in support of those opinions, for his general Parliamen▪ tary conduct, and for his uniform endeavours to obtain a thorough and radical Reform in the representation of the Commons House of Parliament.

That the Deputy High Bailif, with a Deputation of the-Electors, be requested to convey the above Resolution to Sir Francis Burdett.

Resolved, That a humble Petition and Remonstrance, be presented to the Honourable House of Commons.

Resolved, That this Petition be signed by the Deputy High Bailiff.

And that the Representatives of this Borough be requested to present the same, and instructed to support it, and to take an early opportunity to move, in the next Session, for an effective Reform in Parlia ment.

That they humbly conceive that such prompt imprisonment has been proved by the Honourable the House of Commons as Resolved, That a humble Petition be unnecessary to support its justice and dig-presented to his Majesty, praying him to nity, in a recent case of libel, in which it discharge his present Ministers, and diswas stated, that the Monarchy was a solve Parliament. goodly tree, and that the branches consisting of Lords and Commons, might safely be lopped off, which said libel was, by the Honourable House, referred to a Jury. Resolved, That it appears to this Meet

Resolved, That the Petition proposed be fairly transcribed, and presented to his Majesty by a Deputation of the Electors and our Representatives, Henry Thornton, Esq. and Sir T. Turton, Bart.

success of his mission, or if the attainment of this object through my agency should be considered more expeditious or otherwise preferable, that it will be a course entirely satisfactory to the United States. I have now only to add, my Lord, the

Resolved, That the thanks of this Meeting be given to the Rt. Hon. Lord Erskine, Sir Samuel Romilly, Knt. and Samuel Whitbread, Esq. for their general Parliamentary conduct, and their dignified support of the rights of the people. Resolved, That the thanks of this Meet-expressions of my own most ardent wish,

ing be returned to Henry Thornton, Esq. and Sir Thomas Turton, Bart. our Representatives, for their steady support of Mr. Brand's motion for a Reform in the Representation of this country.

Resolved, That the thanks of this Meeting be given to the High Bailiff, for his readiness in calling this Meeting, and the Deputy High Bailiff for his impartial conduct in the Chair.

Resolved, That these Resolutions be printed in some of the Morning and Evening papers.

JOHN TOWNSHEND, Chairman.

OFFICIAL PAPERS. AMERICA. Mr. Pinckney's Correspondence with Marquis Wellesley.

[ocr errors]

Mr. Pinckney, in his letter to the Marquis Wellesley, of the 2d January, 1810, communicates the necessity of dismissing Mr. Jackson, and the desire of the President that he might be immediately recalled, and proceeds to observe. The President has been pleased to direct that I should make known this necessity to his Majesty's Government, and at the same time request that Mr. Jackson should be recalled. And I am particularly instructed to do this in a manner that will leave no doubt of the undiminished desire of the United States to unite in all the means best calculated to establish the relations of the two countries on the solid foundations of justice, of friendship, and of mutual interest. I am further particularly instructed, my Lord, to make his Majesty's Government sensible, that in requiring the recal of Mr. Jackson the United States wish not to be understood as in any degree obstructing communications which may lead to a friendly accommodation; but that on the contrary, they sincerely retain the desire which they have constantly professed, to facilitate so happy an event, and that nothing will be more agreeable to them than to find the Minister, who has rendered himself so justly obnoxious, replaced by another, who, with a different character, may carry with him all the authorities and instructions requisite for the complete

[ocr errors]
[ocr errors]

that out of the accident which has produced this letter, an occasion may be made to arise, which, improved as it ought to be, and I trust will be, by our respective Governments, may conduct them to cordial and lasting friendship. Thus to endeavour to bring good out of evil, would be worthy of the rulers of two nations, that are only in their natural position when they are engaged in offices of mutual kindness, and largely contributing to the happiness and prosperity of each other. I have the honour to be, &c. &c. WM. PINCKNEY.” The most noble the Marq. Wellesley, &c. Foreign Office, March 14, 1810. Sir;-The letter which I had the honour to receive from you under date of 2d January, together with the additional paragraph received on the 24th January, has been laid before the King.-The several conferences which I have held with you respecting the transactions to which your letter refers, have, I trust, satisfied you, that it is the sincere desire of his Majesty's Government, on the present occasion, to avoid any discussion which might obstruct the renewal of amicable intercourse between the two countries.-The correspondence between Mr. Jackson and Mr. Smith has been submitted to his Majesty's consideration.His Majesty has commanded me to express his concern, that the official communication between his Majesty's Minister in America and the Government of the United States, should have been interrupted, before it was possible for his Majesty, by any interposition of his authority, to manifest his invariable disposition to maintain the relations of amity with the United States.-I am commanded by his Majesty to inform you, that I have received from Mr. Jackson the most positive assurances, that it was not his purpose to give offence to the Government of the United States, by any expression contained in his letters, or by any part of his conduct.-The expressions and conduct of his Majesty's Minister in America having, however, appeared to the Government of the United States to be exceptionable, the usual course in such cases would have

been, to convey, in the first instance, to me, it is my intention to leave Constanhis Majesty, a formal complaint against tinople whenever the season becomes fahis Minister, and to desire such redress as vourable. I should long ago have exe might be deemed suitable to the nature of cured this intention, bad I not perceived the alleged offence.-This course of pro- that the peace between Austria and France, ceeding would have enabled his Majesty to and especially that article of the Ticy, have made such arrangemens, or to have which carries the 'boundary of France to offered such seasonable explanations, as the Saave, revived a hope in our enemies, might have precluded the inconvenience of engaging the Porte to break with Great which must always arise from the suspen- Britain -France had insisted on having sion of official communication between created, evidently with a view of dictating the friendly powers.-His Majesty, how-the law at Constantinople. That her first ever, is always disposed to pay the ut-act of good neighbourhood towards the most attention to the wishes and senti ments of States in am y with him; and he has therefore been pleased to direct the return of Mr. Jackson to England. But his Majesty has not marked with any expression of his displeasure the conduct of Mr. Jackson, whose integrity, zeal, and ability, have long been distinguished in his Majesty's service, and who does not appear on the present occasion, to have committed any intentional offence against the Government of the United States. I am commanded to inform you, that Mr. Jackson is ordered to deliver over the charge of his Majesty's affairs in America to a person properly qualified t carry on the ordinary intercourse between the two Governments, which his Majesty is sincerely desirous of cultivating on the most friendly terms.-As an additional testimony of this disposition, I am authorized to assure you, that his Majesty is ready to receive, with sentiments of undiminished amity and good will, any com munication which the Government of the United States may deem beneficial to the mutual interest of both countries, through any channel of negociation which may appear advantageous to that Government. -I request you will accept the assurances of the high consideration with which I have the honour to be, Sir, &c. WELLESLEY."

Willium Pinckney, Esq. &c.

Turks, would be to compel them, if pos
sible, to go to war with us; no mar could
doubt. That she would succeed I never
had the slightest apprehension; yet, with
the fullest reliance on the good faith and
honour of the Porte, I did not think it
right to quit the affairs of the British Em
bassy in a moment of even apparent diffi
culty, nor to sanction, by my sudden de
parture, the idle reports that had been
disseminated, of approaching hostilities
with this country.-The event has, in every
wav, answered my expectation; the threats
of France are disregarded, every demand,
injurious to our friendly relations with
Turkey, has been rejected with indigna
tion, and our enemies are themselves con-
vinced, they will best consult their own
interest by abstaining from a repetition of
their own proposals. Under these cir
cumstances I quit the Embassy, without
a fear for the stability of perce, and with
the assurance that this powerful Empire is
determined to assert its independence to
the last, to adhere to its Treaties, and, if
necessary to put forth its whole force to
maintain them.
"R. ADAIR."

"Francis Merry, Esq.
British Consul, Smyrna.”

COBBETT'S

Parliamentary Debates:

Letter from Mr. Adair to the British Consul The Fifteenth Volume of the above at Smyrna, dated Constantinople, Feb. 22. Work is in the Press, and will be publish "Sir-His Majesty having been' gra-ed with all proper dispatch. All Conciously pleased to permit me to return to munications will be carefully attended to; England, I have to acquaint you, that, un- but it is particularly requested that they less very unexpected events should detain may be forwarded as early as possible.

Published by R. BAGSHAW, Brydges-Street, Covent Garden :-Sold also by J. BUDD, Pali-Mall,

LONDON:-Printed by T. C. Hansard, Peterborough-Court, Fleet-Street.

VOL. XVII. No. 27.]

LONDON, SATURDAY, JULY 7, 1810.

[Price 1s.

993]

TO THE

READERS OF THE REGISTER.

The notoriety of what has taken place with respect to me renders it almost unnecessary for me to say any thing in the way of apology for once more sending my Register forth to the public without containing any thing written by myself. The time I had to remain at home was not a tenth part sufficient for the making of any thing like a due preparation for my departure. On Wednesday morning, about five o'clock, I left my home and family yesterday I had to appear in the Court of King's Bench; and now, for the first time in my life on any account whatever, I ́am a prisoner, after having been a public Writer for ten years in England, and never having before been even called in question, never having before had even proceedings commenced against me, in any shape, for any thing written by me.- -In such a situation to set about writing for the information or amusement of the Public would

[ocr errors]

be the height of affectation; for every one must feel that it is, under such circumstances, quite impossible to divert one's mind from those circumstances. Indeed, to be able to do this would argue a degree of insensibility, incompatible with private affection and public-spirited motives. It is impossible, that, so situated, I can feel inclined to write for the Press; and, this being manifest to every body, it must be equally manifest, that if I were to attempt to write now, I should force the task upon

-[994

myself from motives arising merely out of considerations connected with the proprictorship of the Register; and, as I never have, in any one instance, written for gain,

so I am resolved not to do it now.

Yesterday, exactly ten years ago, I landed in England, after having lost a fortune in America, solely for the sake of that samə England; and yesterday saw me sent to a prison in that same England! It is quite impossible for me to banish reflections of this sort from my mind; but they are, in some measure, driven out by the contempt, which I feel for the venal slaves, who have seized upon this, as they regard it, moment of my depression, to misrepresent and insult me. I have now before me

the SUN and COURIER news-papers, which, under the name of a report of the proceedings in the Court of King's Bench yesterday, has most grossly and basely misre

presented all that I said or did upon that

occasion.- -I shall, as soon as possible, give a true account of the whole of these proceedings; and, in the mean while I beg the public wholly to suspend their judgment as to every part of my conduct and my

intentions.

WM. COBBETT. King's Bench Prison, 6 July, 1810.

RESOLUTIONS, PETITIONS, REMONSTRANCES,
&c. on the LIBerty of the SUBJECT and
PARLIAMENTARY REFORM, 1810.
(Continued from p. 941.)

COVENTRY.

At a very numerous Meeting of the Inhabitants, Householders, and Electors of this City, held at the County Hall, the 5th

« AnteriorContinuar »