you enmity of the king? and, as I told before, in order to leffen the king the more in your esteem, this gentleman is ferable ambition of a minister. You afcended the throne with a declared, and I doubt nor, a fincere refolution of giving univerfal fatisfaction to your fubjects.reprefented to you, who, in the former You found them pleased with the novelty of a young prince, whofe countenance promifed even more than his words, and loyal to you, not only from principle, but paffion. It was not a cold profeffion of allegiance to the first magistrate, but a partial, animated attachment to a favou rite prince, the native of their country. They did not wait to examine your con duct, nor to be determined by experience, but gave you a generous credit for the future bleffings of your reign, and paid you in advance the dearest tribute of their affections. Such, Sir, was once the difpofition of a people, who now furround your throne with reproaches and complaints. Do juftice to yourself, banish from your mind thofe unworthy opinions, with which fome interested perfons have Jaboured to poffefs you. Diftruft the men who tell you the English are naturally light and inconftant, that they complain without a caufe. Withdraw your confidence equally from all parties, from minifters, favourites, and relations, and let there be one moment in your life in which you have confulted your own understanding." Gentlemen; is it fit that the first magiftrate of this country should be repreTented to his people in the way in which I have now ftated to you, as never having once confulted his own understanding I do not even dwell upon the epithets, which are the natural confequences of treating the perfon of the king in that manner. The next charge upon him, is, that he takes a there in the narrow views, and fatal malignity of fome individuals, and confequently, facrifices private objects under his government, for the private purposes of gratifying pique and refent ment; then it mentions England was fold to France, and his Majefty was deferted and betrayed in it. But in the next article, the king is charged with, what I mentioned to you before, that he put himfelf into the condition of an enemy, a private enemy to an individual. For God's fake, why? What man could, without offending the laws, put himself in a fituation, either to deTerve, or actually to meet the private has part of his life had acted upon a settled opinion, that there were few exceffes to which the character of an English gen. tleman might not be reconciled, and that he could make a timilar choice in his political principles, as he had in the conduct of his private life. This is fomewhat fingular. I have always understood that principles, either moral or political, were fixed upon the confciences of men, and an honest man was not at liberty to choose different principles. But this is all faid with a view of leffening the character of that gentleman, for the fake of the conclufion, that it is an usworthy contention; (and it is reprefented as unworthy) in giving an air of ridicule to the difficulties, in which he has been betrayed as a king, and making it a principle of government; and that he had not only ftretched every nerve of government, but violated the conftitution by an ill-advifed perfonal refentment. Is this language to tell a King? If any one was to tell a common Juftice of Peace, that in the administration of the duty of his office, he had facrificed his duty to bis refentment, I apprehend your Lordship will agree with me, and lay it down as a propofition of law, they would be liable to be profecuted; and if such a thing was published, it would be a libel. And here we are come seriously to debate, whether telling the King he has not only facrificed thofe duties of his office, but betrayed the trust reposed in him, and that his compact was not performed, and all this is to gratify illhumour and refentment. If that is not a libel, I own my imagination cannot reach to what is a libel, and I do not underttend the fubject the leaft in the world, if it is not to be fo understood. After that, he is pleased to go to the House of Commons; with regard to them, he fays he can readily believe there is influence enough to recall, what they look upon as a pernicious vote. The House of Commons confider their duty to the Crown as paramount to all other obligations whatfoever. To us, fays the anonymous writer, to us they are indebted for an accidental existence. I wonder of what member 1770. Trial of J. Miller for a fuppofed Libel, &c. member he happens to be the elector! it would be more honett if he was to fhew, himself, that we might know who he is. To us they are indebted for an accidental existence, and they have juftly transferred their gratitude from parents to benefactors, meaning from the electors to the ministers ; from those who gave them birth, to the minifter, is the very expreffion. Now, whatever may be the Hippancy of fome mens manner of telling things, all orders of government, where the form of government fubfifts, as well in this country as any other; no man of fenfe can admit that it ought to exift, and at the fame time that it ought to be fubjected to reproaches, at the pleasure of every man who thinks proper to put reproaches upon it, by publishing a libel. I only with to have thofe two propofitions examined. That two great bodies, whofe whole benefit and existence, nay their authority, is to govern the whole nation; and are they to be in the power of every man whatsoever to revile them, with what perfonal infolence of language he pleafes i Does this come at all to the idea, that an honest man would allow his own opinion, under pretence of difcuffing public fubjects? Will any man of honour say you may revile, with imputations of reviling, the perfons of men, without going any further? Is that a colour to cover this libel? After having treated the Houfe of Commons thus, he returns again to the King, and is pleafed to threaten the King with an univerfal revolt of all his injured fubjects. He begins with the kingdom of Ireland, which he is pleased to call a plundered and oppreffed kingdom, with no more regard to truth, than with understanding and knowledge of the fubject, even to keep up the probability; for of all quarters of the world, he should not have looked there for that fort of imputation, as he is pleased to point to. And here he is introducing another character upon the ftage, merely for the fake of afterwards traducing the King; that is Lord Townfend. The people of Ire land every day give you freth marks of their refentment. (fpeaking of the King) They defpife the miferable governor you have fent them, becaufe he is the creature of Lord Bute; nor is it from any natural confufion of their ideas;" no, they are right enough, in that he fuppofes that 619 they are fo ready to confound the origi- The next article is. That he has taken beg leave to observe, concerning what parts apply to him; England he has reprefented as being engaged in a quarrel against the King; and confequently, that the King ftands against them with a few unhappy people, who are not at liberty to choose their principles; but fancying themselves bound to unhappy principles; thofe few men, he defired to be underfood, were the whole fupport, that are attached to the King. Then he goes to the partiality of his understanding for fome of the military. Now it is worth your attention, gentlemen, to fee how very malignant the fubject of that man mult be, who wishes to let this party against the other; and telling him that he might learn to dread the undifguifed refentient refentment of people that are ready to meet their fovereign in the field. Then you fee how malignant that must be, and how it applies, when you read that part with refpect to the guards, where he fays, "when the diftant legions took the alarm, they marched to Rome and gave away the empire." This is the intention of that reprefentation, when he fays the guards had preferments lavished upon them, and the cruelty with which the marching regiments had been treated, in order in short, to raise a quarrel, between them. Now, gentlemen, there are an hundred different paffages, in which the king is told he has no good quality, but every bad one upon earth. He is bid to difcard his little perfonal refentments, which have fo long directed his public conduct. Is it not shameful to talk in that manner? and in a thousand inftances, too long and too difagreeable to repeat, the King has been treated thus, from the beginning to the end; and in the conclufion, he is told what he is next to expect, unless he conforms to this anonymous writer; that is, another revolution; and that the prince who imitates their conduct, fhould be warned by their example, and while he plumnes himself upon the fecurity of his title to the crown, fhould remember, that as it was acquired by one revolution, it may be loft by another. If you have any difficulty of imagining what the crown is, what his title is, who is in poffeflion of that title, acquired by one revolution, and what it is that is meant by another; they are difficulties that have not yet occurred in any one coffee-houfe in this great me tropolis, nor any one place in the country, from one end to the other, wherever this libel has been published; fuch is the nature and criminality of this libel. After having stated to you, what I look upon to be the application of the paper in the feveral articles relating more particularly to the King; and having laid before you what will be the general form of the evidence, in order to prove the prefent defendant guilty of printing and publishing this paper, it will be for you to determine, if I may ufe a word that looks fo like doubting the determination upon fuch a queftion as this. If you have, any of you, any ferious doubts, whether the author of this paper did mean the king; and whether he did mean the great officer, the Lord Lieutenant of Ireland, or any other; and whether he did mean the army of this country or not, or of his endeavouring to fet one party of the country against another; if thefe particulars are fo doubted as not to be believed, you must acquit him. If you have no doubts, and do return a verdict of acquittal without fuch doubts, you return a verdict which the court must understand in a different way, which the court must conftrue different from what you intend, then you find a falfe verdict. For it lies upon you, to find a conclufion from the evidence, or to say, whatever we think of the evidence, or, however, we are convinced of the conclufion; we are determined to reject that evidence, and to deny that conclufion, and to betray the fense of our own minds, rather than to execute the laws. But, gentlemen, on the contary, I have no doubt you will proceed in the administration of justice and the law, without adopting the part of the author, who has fet himself up for the accufer of his king, and as yet has not had the face to fhew himself, though he has been the rancorous enemy of fo many people. Daniel Crowder fworn examined by Mr. Morton. A 2. Crowder, what is your bufinefs ? am an affiftant to the meffenger of the prefs, Sir. 2. Very well. Do you know the defendant John Miller? A. I believe I know him, I believe he is in that quarter. 2. Now, fir, give my lord and the jury an account, whether any time, and when you bought the paper, which I believe you have in your hand. No anfwer. The paper produced. 2. What is Miller? What business does he follow? A. He is the publisher of the London Evening Polt. 2. Now give an account where you bought that paper. A. I bought it at Mr. Miller's; it was ferved to me by his publisher. 2. What is his name? A. His name is Phipps, I believe. 2. Where did he ferve you with it! A. In Queen's-Head Paffage. 2. Is that the place where his business of printing is carried on? A. I never faw them print there. 2. Is that the place where they are fold? fold? A. It is the place where they are tifements in news papers? 2. Have you frequently bought that 2. What name do you call his fhop 2. Who did you buy it of? 2. Have you at other times been at 2. Have you frequently? A. I have frequently. 2. Have you waited at any time till the papers have been ready to be delivered? A. Very rarely. I have feen people wait and go up ftairs, but they are generally the readient of any body. 2. They are the mole diligent of any others? A. They are in general the most forward. A Furyman. 2. You bought that paper? Crowder. Yes, gentlemen, I bought that paper. Mr. Morton. 2. How long have you known Frank Phipps, the lad you bought it of ? A. I have known him ever fince he began to publish that paper. 2. How long is that? A. About three quarters of a year. The London Evening Poft read in Robert Harris (worn; examined by Mr. 2. What business are you? What office 2. Pray, Sir, are news papers brought to your office to be fampt? A. Yes, fir. 2. Do you receive the duty for adver I do. A. Yes, fir, 2. Pray, fir, do you know who the printer is of the London Evening Post? A. I have it here. [Looking at a large parcel of news papers bound together in a book. A. Q. Do you know the defendant Miller? 2. Are papers brought to your office 2. Whofe fervants bring them to be stampt? A. Mr. Miller's. 2. After they are ftampt, the money is fent, or it may be himself, or his fervants; the money for 15,000 may be brought together, then they are returned to the office after they are printed, for the number of advertisements to be found out and charged with the duty. 2 Who pays for the advertisements? A. Mr. Miller. It does happen sometimes that the number of papers may not be fold, then the money is returned. 2. You fay, the-duty is returned ? A. For the unfold, the duty is returned. 2. How do you verify that? A. They are returned, and they make an affidavit that they made no profit of the papers, and then the ftamps are returned again, and the duty is returned. 2. Who makes that affidavit? A. Mr. Miller. 2. How is the account of the advertifements fettled? A. We fettle it every month. 2. Who comes to fettle with you? A. We charge them. 2. Who do you charge the London Evening Poft to? A. To Mr. Miller. 2. Who comes to pay you at the end of the month? A. It may be two months, or it may be three months before they are paid. 2. Who comes? A. May be Mr. Miller, may be his porter. 2. Does he come himself frequently? A. Yes, fometimes. 2. Does he fettle and pay for the advertitements? A. Yes. 2. Have you the paper of Saturday December Mr. Serjeant Glynn. My lord, and you gentlemen of the jury, please to favour me with your attention in this caufe, in behalf of Mr. Miller, the defendant. Gen tlemen, the learned gentleman who opened the caufe in fupport of the information, has told you, that of this publication, no lawyer, not a man of the profeffion in the kingdom, he thinks, will feriously avow, The learned gentleman who appears in fupport of the information, has faid, no man will feriously avow a defence and juftification of the publication now under your confideration. Gentlemen, I have had the misfortune to be very much misunderstood, if I gave any inference, or any admiffion of the leaft degree of guilt or criminality in a fimilar publication to this. I entered into a defence as feriously, and as ardently wished, that fuch weak arguments as my undertanding might furnish me with, might be prevalent in that cafe, with that anxiety that always will attend questions of the moft important nature, when expecting an inftant decifion.' I appear now, as then, avowedly defending the publication of the paper. I approach with the fame anxiety, and have fome relief to that anxiety, finding the determination of this important question in the hands of a jury of the principal citizens of London. Gentlemen, I made no objection to that neglect and remiffness, in convening a full jury here, perfuaded as I am, that collect the jury where they will, among the inhabitants of this metropolis, it is impoffible to find men with hearts fo foreign to the ideas they owe to liberty and public juftice, as to allow the conviction of the prefent defendant. Gentlemen, my learned friend has faid, that upon the latt trial no particular paffages were pointed out to which we thought proper to apply a particular vindication. The charge was general; the answer, I allow, was as ge neral; and I think it feems as proper and becoming to leave the conftruction of a paper to a jury of citizens, who are the moft competent judges of what fense and conftruction belongs to a paper, unaffifted by council. And if I did not enter into a defence of particular paffages, it was becaufe a general charge was exhibited, and no particular paffages pointed out, as bearing an unjustifiable construction. My learned friend fays, he knows no party fo dangerous, as mercenary writers employing their pens in the afperfion of private characters, or the mifrepresentation of public measures I do moft heartily agree with the gentleman, in a detestation of those men who can be procured by any emolument coming from any quarter, to proititute their pen to the calumniation, flander, and depreciating of the best characters in the kingdom. I do most heartily agree with him in despifing and contemning the authors; but I do look further, and I beftow the higher measure of indignation and condemnation of that fountain from whence flows the encou ragement to fuch pernicious proftitution. None of that fort has, however been thought proper to be brought before you, with regard to the great and respectable characters that have been attacked, as they fay they have acted with impropriety in leaving the publisher to the punishment that a juft and indignant public jury will always inflict upon indignant writers; and if that is to be purfued, it should be of those writers there fhould be a reparation fought for, to the constitution; and those characters that you fee every day in daily publications, publickly libelled and tra duced, there might be reparation fought for to thofe great characters, though they' cannot be protected from the fcurrility of malignant pens. But gentlemen, none of them are brought before you; it is a cafe of a different fort; and I am at a lofs to guess how the word mercenary can bear any application to the present charge, I have always in my own thoughts diftinguished between those that prostitute their own pens, and become the ftipendiary inftruments of parties and minifters, and thofe pens which are called forth in the defence of particular opinions, and only offer the difcuffions of those opinions |