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VOL. XXII. No. 3.] LONDON, SATURDAY, JULY 18, 1812.

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"THE Mutiny amongst the LOCAL MILITIA, which broke out at Ely, was fortunately sup"pressed on Wednesday, by the arrival of four squadrons of the GERMAN LEGION CAVALRY "from Bury, under the command of General Auckland. Five of the ringleaders were tried by a "Court-Martial, and sentenced to receive 500 lashes each, part of which punishment they received on "Wednesday, and a part was remitted. A stoppage for their knapsacks was the ground of the com"plaint that excited this mutinous spirit, which occasioned the men to surround their officers, and "demand what they deemed their arrears. The first division of the German Legion halted yester "day at Newmarket on their return to Bury.”- -COURIER (ministerial) news-paper, Saturday, 24th June, 1809.

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ENGLISH LIBERTY OF THE PRESS, the trial; Second, the trial and its result; an account of what took place previously to As illustrated in the History of the Prose-Third, the nature and effect of the impricution and Punishment of WILLIAM sonment; and, Fourth, what took place at COBBETT, of Bolley, for writing, and for the expiration thereof, to the time of my arpublishing in the Political Register, Re- rival at Botley, where I now am. marks upon the flogging of English Local Mililiamen, in June 1809, and also Re marks upon the employing of German Troops upon that occasion.

FIRST, as to what took place previously to the trial, the article, for which I was prosecuted, was published on the 1st of July, 1809, and I was not brought to trial till nearly a year afterwards. The proceeding was by way of Information ExOfficio by the Attorney General; and, as it may be useful to the people of this country, and, indeed, of other countries too, to know what an Information Ex-Officio really means, I will here endeavour to give a' faint sketch of its nature and extent. And this is the more necessary, seeing that there are new governments now forming in the world.

Our " great law-characters" tell us, that this power of the Attorney General is one of the main features in the English constitution; and, therefore, it is right that the Lawgivers of other countries should know something about it. At the outset of the French Revolution many persons in this country were angry with the people of France, expressed great resentment against them, and, finally, became their settled enemies, because they did not make a go

Look at the Motto! English reader, Look at the Motto!- -For making remarks upon the contents of that Motto; for expressing, or endeavouring to express, my feelings upon the subject of it; for this I was sentenced to endure (if I lived so long) two years' imprisonment in Newgate; to pay, if I should live out the time, a thousand pounds TO THE KING; and to enter into bonds, with two sureties, to pay FIVE THOUSAND POUNDS more, if, in the course of seven years, I did what the law might, in any case, denominate bad behaviour. The sentence has been executed; the two years I have passed in Newgate, in spite of foul air and jail-distempers; and, having had health and strength sufficient for that, I have been called upon by the Officers of the Prince Regent, in the name and behalf of the King, to pay the thousand pounds, which I have paid ac-vernment like ours. It is, therefore, right, cordingly; and I have, by the same autho- now, when some other countries are about rity, been called upon for my bonds and to form new governments, to furnish their my sureties, which have also been given. Lawgivers with the means of judging of The transaction being, therefore, now that, under which we live. To go into all pretty complete, this appears to me to be the branches of our constitution, as now the proper time for giving the world a his-practised; to point out all its effects upon tory of; or, at least, such an account of it as may serve to give to all persons who read the English language a pretty correct idea of what the Liberty of the Press, in England, really is. This account naturally divides itself into four parts: First,

the people, would require much more time than I have, or ever shall have, to spare. But, as to EX-OFFICIO INFORMATIONS and SPECIAL JURIES, they are things which I understand, and of them I shall speak for the use of the world. If the

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reader finds me, in some instances, doing | tions, must be produced in support of the little more than repeat what I have, at dif- motion, and the accused party must have ferent times, before said, I beg him to bear time and opportunity to be heard by himin mind, that what may not be new to some self, or counsel, before the Information is may be new to others; and that, besides, received by the Judges, and, of course, bethe present is a suitable occasion for fore the accused party can be put upon his spreading through the whole world, and trial. Here again, though there is no Grand for putting upon record, in a compact form, Jury to stand between the accused and the for the use of posterity, not only all the prosecutor, there are the oaths of credible facts relating to my prosecution and punish- witnesses, and, which is of full as much ment, but an account of all the means importance as the oaths of witnesses, there which have been therein made use of.- is a hearing of the party accused, before he Having, therefore, stated the nature of the can be put upon his trial, and subjected to charge against me, the next thing to be all the inconvenience and expense of a trial, done is to explain the mode of proceeding. which must always be heavy, and, someI was, as I said before, prosecuted by times, enormous. But, in the case of Inthe ATTORNEY GENERAL, that is to formations Ex-Officio, there is no Grand say, by a person who performs the office of Jury, no witnesses, no previous hearing, no government accuser, or prosecutor, and oaths, no, nor even any motion to the Court. whose accusations are generally made in the Here the Attorney General, without any form of what is called an Information Ex- previous notice whatever, accuses any man Officio; a thing, the nature of which I am whom he thinks proper to accuse, and now about to explain for the benefit of the brings him to trial in consequence of an Inworld.Ex Officio are two Latin words, formation, which he himself lays against and in this respect, amongst many others, him. All that he has to do is to make out the use of the Learned Languages," as his Information, put it upon the file, or list, they are called, is found to be of great ser- of the Court, and to send the accused party vice. These two words mean By Office, or, a little slip of paper, called a Subpoena, to perhaps, more fully, by privilege, or in vir- come and answer to certain charges prefertue, of office. So that, an Information Ex- red against him. This is an Information Officio is an Information laid by the Attor- Ex Officio. -Well, the party comes and ney General in virtue, or by the privilege, goes at once upon his trial; and, if he be of his Office. Aye, but what is an infor- acquitted, what then? Why, he has good mation? When any man has committed luck; but he has all his harass of mind, all what is called, by our laws, a crime, and his loss of time, and all the heavy expenses he is prosecuted for it, there must be an of the law to sustain; for, he gets no costs; accusation preferred against him, and this no, nor any compensation of any sort. accusation, when drawn up, is called a bill Suppose, that, after laying the informaof INDICTMENT, which indictment, be- tion, the Attorney General does not choose fore the party accused can be put upon his to proceed? Why he does not choose it, trial, is presented to a Grand Jury, who, if that's all. Oh! I had like to have forthey see no cause for prosecution, throw out gotten; the party has to sustain all his exthe bill of indictment, or, if they see cause penses of preparation for trial.—Besides for prosecution, find the bill, as it is called; this, the Attorney General has a new power that is to say, they carry it in to the Judge, given him by an Act of Parliament brought and tell him, that it is a true Bill. But, ob- in by the late Attorney General (now serve, that, before they can find the bill Puisné Judge) Gibbs, and which was passtrue, there must be witnesses examined by ed in the 48th year of the King's reign. the Grand Jury upon oath, the Grand Jury By this Act the Attorney General is embeing also upon their oaths; and thus, in powered to hold to bail, and, if bail be not this case, in this usual course of the law of found, to imprison, at once, by the consent the land, every accused person has the of any single Judge, any man against whom. double security of oaths taken by those who he may choose to lay an information. See, judge of the matter alleged against him, then, what his powers amount to: he can, and also by the witnesses to the facts of by his sole will, without the intervention which he is accused. An INFORMA- of a Grand Jury, and without a rule moved TION is a thing which supplies the place for in Court; he can pitch upon any man of an indictment; and, in all cases where that he chooses, and, without any oath individuals are the parties, they must be made against such man, by any body, he moved for in Court, affidavits, or deposi- may put such man upon the list of criminals

to be tried; and, to trial he may bring him, I put him in jail for want of bail; after all without any other ceremony than that of this he may forgive the man, of his own sending him a slip of paper, commanding him to appear on such a day, to be dealt with as the Court shall direct. This is pretty well for a beginning. But, if he chooses, he may now, by the new Act brought in by this late Attorney General, have the man taken up like a thief or a highwayman, and make him give bail, or, if he has not bail ready, he may, by consent of a Judge, send him to jail at once; and this, you will observe, without there being any oath made as to the man's having done any thing wrong; all that is required to be proved, in order to send such a man to jail, is, that the Attorney General has laid an information against him! Now, such being the case, it is clear, that the Attorney General has, with the consent of any one Judge, the power of holding any man in England to bail, be he who or what he may. He has the power of causing any man to be seized by a Tipstaff, and to be kept in custody till he has found bail, and that, too, without being obliged to furnish the party so taken up and held to bail with any copy or statement of the charge against him. The Attorney General may do this to any man. There is no man that is not exposed to the operation of this power. Well, having accused a man, having laid his Information against him; having sent him a command to come and be tried, and having, perhaps, held him to bail; having done this, he does not bring him to trial until he chooses. The Englishman who is thus hooked, must wait till the Attorney General pleases to have him tried. His command to come and be dealt with stands good. His bail holds him on. And, if he cannot get bail, there he is in jail, as long as the Attorney General pleases; for, the latter may put off the trial for any length of time. This is quite comfortable! -The Attorney General may put off the trial, if he likes, during the whole of a man's life time. He may lay his information when the man is single, as Mr. Horne Tooke observed, and he may bring him to trial after he is married and has half a dozen children. He may inform against him while he is following one profession, and may fall on upon him with his trial when he is about to enter, or has entered, upon another. He may forgive, too, of himself, after he has laid the Information, after he has put a man upon the list of criminals to be tried, after he has commanded him to come to be dealt with, after he has held him to bail, nay, after he has

head, without bringing him before the Court at all. Is it necessary to say any more about his powers? Is not this enough? Well, suppose he chooses to try the man that he has informed against? What, then, Why, then, the first step he takes, is, to demand a Special Jury, that is to say, twelve men, out of forty-eight men, ALL APPOINTED BY THE MASTER OF THE CROWN OFFICE. The man who is to be tried may strike out 12 from the 48, and so may the prosecutor; but, the whole 48 are appointed by the Master of the Crown Office.- -Well. The Jury, thus appointed, does not appear; or, only part of them come. The Attorney General has the power to put off the trial; to say simply, I do not choose to try you now; and you shall not be tried now, because I do not choose it. His will here is absolute. The Judges themselves have no power to force the trial on. Whether his Special Jury come, or not, he can put off the trial. And, on the contrary, if the Special Jury do not come, or only a part of them come, he can demand, if he pleases, to have a Jury made up from the Common Jurors.-Then, at the trial, he begins and speaks against the accused, and he has as many more as he pleases, at the public expense, to speak on the same side. When that is done, the accused has to speak in his defence. And there, one would think, the thing would end. Oh! no; for, though in all cases between man and man, this is the practice, the Attorney General has the privilege of another speech after the defence is over; and into this speech he may bring whatever new matter he pleases. He may, indeed, reserve all the weighty part of his allegations for this speech, and thus leave the defendant without, in reality, any opportunity at all to defend himself.If the man be found guilty, he may, or may not, be brought up for judgment, just as the Attorney General pleases. The man may be brought up and sentenced at the next term, or many years afterwards, during all which time, the liability to be brought up for judgment hangs over his head.If he be brought up, he may speak, or offer affidavits; but, after that the Attorney General and his coadjutors claim the right, and exercise it, of SPEAKING AGAIN, before the judgment is passed. This they always do; especially in cases of libel.- -Suppose the prosecuted man is acquitted: then he has all his costs to pay; for the Crown

pays no costs. The same is the case if the time, in an article, part of which I will man be never brought to trial. Still he here,, with very little abridgment, insert. has costs, and heavy costs too. He is It was written in my then new habitation, obliged to pay for a copy of the accusation on the 14th of July, 1810, the anniversary against him. Poor GILBERT WAKEFIELD of the destruction of the Bastile; and it was (whose case we must take care not to for- as follows:-" After having published get) had to pay, he states, several pounds, seventeen volumes of this Work, embracing in order to get at a knowledge of what he the period of eight years and a half, during was accused of; for, unless he paid this which time I have written with my own money, he would not have known what his hand nearly two thousand articles upon alleged crime was, till he actually came to various subjects, without having, except the place of trial and heard the charge read in one single instance, incurred even the against him.It is the same with every threats of the law, I begin the Eighteenth other man, who is prosecuted in this way. Volume in a prison. In this respect, howHe may be, as we have seen, brought to ever, I only share the lot of many men, court after court, and not tried for years, who have inhabited this very prison before and, perhaps, not tried at all; and, besides me; nor have I the smallest doubt, that I the harassing of this, he has to meet and shall hereafter be enabled to follow the support all the expenses. There may be example of those men. On the triumphjust as many Informations laid against any ing, the boundless joy, the feasting and man as the Attorney chooses to lay against shouting, of the Peculators, or Public him; he may be compelled to give bail Robbers, and of all those, whether profiupon every one of them, or he may be sent gate or hypocritical villains, of whom I to jail; and, after all, he may, if the At- have been the scourge, I look with contorney General chooses, never be brought tempt, knowing very well, feeling in my to trial at all; and he has, for all this, no heart, that my situation, even at this time, mode whatever of obtaining compensation is infinitely preferable to theirs; and, as or redress.Such are the powers of the to the future, I can reasonably promise Attorney General; such is the nature of an myself days of peace and happiness, while Information Ex-Officio; such is the nature continual dread must haunt their guilty of a Special Jury; such was the mode in minds; while every stir, and every sound which I was accused and brought to trial, must make them quake for fear. Their nearly one whole year after the publication day is yet to come. -Before I renew my of the article for the publishing of which I usual intercourse with my Readers, and offer to them, as heretofore, my remarks SECOND, the trial and its result. At upon political subjects, and subjects conthe trial I spoke in my own defence; and, nected with politics, I think it necessary to while the judge said, that, by my defence say something, relative to the proceedings I had added to my crime, while the Attor- in the Court of King's Bench, the end of ney General insisted on the same in his which proceedings has been my imprisonspeech, and demanded additional punish- ment here. It is not my intention to pubment on that account; while they were lish a full report of the Trial: that would saying this of my defence, there were not be unnecessary; but on many accounts, it wanting others to assert, that I had, in my may be useful merely to record the transdefence, abandoned the cause. The truth action, previously to any remarks upon is, that I not only asserted, that my pub- any part of it.- -FIRST, then, I was lication was true; but, that it was right prosecuted by way of Information of the to make it. I insisted, that I had a right Attorney General, for an article, publishto complain of the acts performed at Ely. ed in the Political Register of the 1st of I reprobated those acts in the most severe July, 1809, respecting the flogging of certerms; and said, that, as far as I was tain men in the Local Militia, in the town able I would go in endeavouring to put an of Ely, and also respecting the use made, end to the flogging of Englishmen and to upon that occasion, of a corps of foreign the employing of German troops. soldiers, called the King's German Legion. This was the substance of what I said in the Court; and I should certainly have said a great deal more if I had been suffered to reply to the Attorney General.What took place after the trial, and until I was lodged in Newgate, I stated at the

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-SECONDLY, the Trial took place on Friday, the 15th of June, 1810, when I was found guilty, by a Special Jury. THIRDLY, on Wednesday, the 20th, I was compelled to give bail for my appearance in court to receive judgment, and, as

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verbally. The speech, to which I here allude, was made on Thursday, the 5th of July, when I was called up for judgment; and, that no one may say, that I do not treat even this Attorney General fairly, I will first insert here the whole of his speech, as it stands reported in the Morning Chronicle of the 6th of July, that report being the most correct that I have seen. In the charge of Lord Ellenbo

On

I came up from Botley (to which place I had returned on the evening of the 15th) a Tip-Staff went down in order to seize me personally, and to bring me up to London to give bail.-FOURTHLY, I was brought up to receive judgment on Thursday the 5th of July, when, after the Attorney General had made the speech, which I shall notice by-and-by, I was sent to the King's Bench Prison, and ordered to be brought up again on Monday the 9th of July. rough and in the Sentence-Speech of FIFTELY, on this last mentioned day, I Judge Grose, there were some passages rewas sentenced to be imprisoned in this lating to questions appertaining to general prison for Two Years, to pay a fine of a and foreign politics and to the profounder Thousand Pounds TO THE KING, and, at the departments of political economy. expiration of the Two Years, to give bail, these I shall hereafter have occasion to myself to the amount of Three Thousand offer some observations; but, for the prePounds, with two sureties to the amount of sent, I shall confine myself to the Speech One Thousand Pounds each for my keep- of the Attorney General, which is reported ing the peace for Seven Years.-The in the following words: "The AttorAttorney General was Sir Vicary Gibbs,* ney General agreed in all that had been who was assisted by Mr. Garrow; the "said by his Learned Friends, in behalf Judge, who sat at the Trial, was Lord El-" of the three Defendants, for whom they lenborough; the four Judges who sat when" appeared, as to the distinction between the Sentence was pronounced were Lord "their guilt and that of Mr. Cobbett, as Ellenborough and Judges Grose, Le Blanc," to whom he should speak by and by. and Bailey; the Sentence was pronounced "They had allowed judgment to by Judge Grose; and the persons' com- "against them by default; they had posing the Jury were as follows: never denied that the publication was a libel; nor that they themselves, in "their concern in it, had acted a criminal part. They had not made their defence a vehicle for other calumnies and slan"ders, almost as bad as the original libel. "In all these respects, their case stood "contradistinguished from that of Mr. "Cobbett. There was also another distinc-' "tion between their case and that of most

Thomas Marsham,

Thomas Rhodes,

John Davis,

James Ellis,

John Richards,

Rob. Heathcote,

John Maud,

George Baxter,

Thomas Taylor,

David Deane,
Wm. Palmer,
Henry Favre,

Hampstead Road
Southampton Place
Tottenham Ct. Road
Bayswater
Baker Street
High St. Marylebone
York Pl. Marylebone
Church Ter. Pancras
Red Lion Square
St. John Street
Upper St. Islington
Pall Mall.

So much for the mere names and dates belonging to the transaction. Now, as to the publication itself; as to the sort of prosecution and the manner of conducting it; as to the charge of the Judge: as to the verdict of the Jury; as to the nature and amount of the Sentence: these are all before the public, whose attention to them has been very great, and to the judgment of the public I leave them. But, on the last of the Attorney General's three speeches (for he had three to my one) I cannot refrain from making some observations, and I think myself fully justified in doing this, because I was told, that I could not be permitted to answer him

* Now a Puisné Judge.

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printers and publishers. They had not "employed the author, as some printers "and publishers did, but the author had "employed them. Yet these Defendants, "and every other person who might "chance to stand in the character of that these circumstances could never ex"printer or publisher, must understand, "culpate them. All who lend themselves "to the publication of any work or

writing whatever, must know that they quences thence arising. He now came "become responsible for all the conse

to

the case of Mr. Cobbett. The Court ❝ would observe that from him the publi cation proceeded, and to him, as the tained. "author, all the profits, if any, apperWhatever of malignity resulted "from the publication, to him was it at"tributable; and whatever there arose "from it of base lucre and gain accrued "to him alone. The Court had heard the

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