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sought to connect with this article as a corollary, was removed to the distance of two columns from it. If the two had stood together, the one immediately following the other, the one must have been taken, in fairness, to throw light upon the other. But standing so far removed as they did, he was not so much convinced that they could be regarded as having any reference to, or commection with, each other. The other question, therefore, was, What was the fair meaning of the paragraph, standing unconnected with any other article; and was it per se libellous? It stated that blessings might result from a change of system; but that might fairly mean from a change of political system. By the word "total," it was obvious that. the paragraph did not mean a subversion

a demolition of the Government, because in the very next line it talks of our Monarchs, and contemplates a succession of

nature, concerning the King and the admi-connect the paragraph called in question, nistration of the affairs of the country, did not by any means shew that it was the applying personally to his Majesty. The wish of the writer of it to disparage his paragraph was short, and the Jury would Majesty. It acknowledged, what we all thereby be the better able to attend to the knew, the virtues of his Majesty, and words of it. They were these: "What a breathed throughout sentiments of loyalty. "crowd of blessings rush upon one's mind, It was to be observed, however, that the "that might be bestowed upon the coun- paragraph forming the subject of the "try in the event of a total change of sys-present prosecution, and which it was "tem! Of all Monarchs, indeed, since the "Revolution, the successor of George the "Third will have the finest opportunity of "being nobly popular." The Jury would apply their minds to the consideration of these words, and see whether they supported the charge. The Defendant had given his interpretation to the paragraph, and to shew that he was innocent made reference to the context in the paper of the same day, from which it would appear that he meant not to disparage the Sovereign, or to arraign the wisdom of his conduct. This paragraph, he contended, was to be viewed as part of the same article to which the attention of the Jury was now called, and to be taken as if it had been incorporated in it. The part of this article first pointed out by the Defendant referred to a political event which they all knew, namely, the communication between Lord Grenville and Mr. Perceval, relative to the formation of a new Govern-them. Now, that to say, that there would ment, and another part of it referred to the line of conduct observed by the Prince of Wales on that occasion. His Lordship proceeded to read the particular passages alluded to, and observed, that if the paragraph charged on as being a libel had stood immediately under, or if it had been a continuation of the article in question, it must have had a considerable effect ou the opinion of the Jury, and even as it did stand, it was for them to determine if the paragraph charged as a libel could be supposed to have any reference to the sentiments of the writer or publisher, as expressed in the longer article. The Jury would, therefore, have to consider, first, if they could take the paragraph in question as having reference to the more detailed article; and, if there was any thing improvident in the paragraph said to be a libel, what qualification it was entitled to receive from connecting it with the other article. The other, and the most important for their consideration, was, What was the fair, candid and honest interpretation which they found themselves called on to give to the paragraph itself. The article with which it was sought to

be blessings likely to result from a change of system, was a sentiment that might not be safely expressed, was a length that he did not feel himself prepared to go. A change of system might become necessary in consequence of error: error might be fairly imputed to any one. There was only one Being to whom error was not imputable. His Majesty, who we all knew cordially wished the welfare of his subjects, might even from his excess of love for them, be led to take an erroneous view of the interests of his country. He was not prepared, therefore, to go the length of saying, that to state so, amounted to a disparagement of his Majesty. If such charge could be shewn to have been made with a malicious view, it would be highly libellous; or if corruption, wilful fault, or any perverse evil motive were assigned, it would be clearly criminal; but there was no proof of any malice in the present case. The paragraph went on to state, not positively that the Successor to his present Mjesty would be nobly popular, but that he would have an opportunity of becoming so. What was the fair import of the paragraph, taken all together, ac.

cording to the fair sense and meaning of the words, neither giving them a mere comment, nor a harsher interpretation than they seemed to require, it was for the Jury to say-that duty properly belonged to them. Where two meanings might be affixed, it had been the practice in criminal cases, and particularly in libel, to take the more lenient; but now it was thought right to look only for the real meaning, whether the more lenient, or not. His Lordship did not see any thing in this paragraph to induce him to go the length of saying, that it must be malicious. During part of any reign, and for a length. of time, there might have been an erroneous view of matters; and, to impute | nothing but honest error, unconnected with crime, he was not prepared to say, was libellous. He should esteem himself act

ing too rashly to lay down such a doctrine, If the Jury had no doubt, from a fair construction of the paragraph, that the words

used were meant to calumniate his Ma

jesty, they would say so. But, if they thought themselves warranted in giving it a different interpretation, and were satisfied that it was not published with any such intention, they would find the Defendants Not Guilty. They were not to go to any distant circumstances on which to form their opinion, but to the fair and obvious meaning of the paragraph as it went home to their minds. If, on considering it well, they thought it calumnious, they would say so. If they did not find it necessary to do so, and could reconcile it to their idea of error only being imputed, which, it was possible, might prevail in the very best and most enlightened of princes, they would find the Defendant's Not Guilty. His Lordship alluded to a measure of Oliver Cromwell's, by which from a policy thought wise at the time, but since found to be erroneous, the balance of power was thrown into the hands of France against Spain, an error which had been the foundation of the evils we had since experienced. There were many instances, where Monarchs the most splendid, and who had contributed greatly to promote the blessings of their subjects, had also from an erroneous view of a particular subject given effect to a system very different from what they had contemplated. He concluded by desiring the Jury to apply their minds fairly to the consideration of the paragraph, which was the subject of the prosecution, and according to their interpretation of its fair import, to pronounce their verdict

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Brief Account of an unofficial Conversation between Mr. Canning and Mr. Pinkney, on the 18th of January, 1809, continued on the 22nd of the same month. (Transmitted by Mr. Pinkney to the Secretary of State.)

I dined at Mr. Canning's with the corps diplomatique on the 18th January. Before dinner he came up to me, and entering into conversation, adverted to a report which he said had reached him, that the American Ministers (here and in France) · were about to be recalled. I replied, that I was not aware that such a step had been resolved upon. He then took me aside, and observed, that according to his view of the late proceedings of Congress, the Resolutions of the House of Representatives, in committee of the whole, appeared to be calculated, if passed into a law, to remove the impediments to arrangement with the United States, on the subjects of the Orders in Council and the Chesapeake, by taking away the discrimination between Great Britain and France in the exclusion of vessels of war from the American ports. He added, that it was another favourable circumstance that the nonimportation system which seemed to be in contemplation, was to be applied equally to both parties, instead of affecting, as

offenders) could not, he imagined, be doubted; and he therefore presumed that the Government of the United States would not, after it had itself declared a commerce with France, &c. illegal, and its citizens who should engage in it, delin quents, and after having given to Great Britain by compact an interest in the strict observation of prohibition, complain if the naval force of this country should assist in preventing such a commerce.➡ 2d, Ile asked whether there would be any objection to making the repeal of the British Orders and the American Embargo cotemporaneous? He seemed to consider this as indispensible. Nothing could be less admissible, he said, than that Great Britain, after rescinding her Orders, should for any time, however short, be left subject to the Embargo in common with France, whose Decrees were subsisting, with a view to an experiment upon France, or with any other view. The United States could not, upon their own principles, apply the Embargo to this country one moment after its Orders were revoked, or decline after the event to apply it exclusively to France, and the Powers connected with her system.

heretofore, Great Britain alone.-I pro- | American laws might denounce against posed to Mr. Canning, that I should call on him in the course of a day or two, for the purpose of a free communication, upon what he had suggested., To this he readily assented; and it was settled that I should see him on the Sunday following (the 224) at twelve o'clock, at his own house.In the interview of the 22d, Mr. Canning's impressions appeared to be in all respects the same with those which he had mentioned on the 15th; and I said every thing which I thought consistent with candour and discretion, to confirm him in his disposition to seek the re-establishment of good understanding with us, and especially to see in the expected Act of Congress, if it should pass, an opening for reconciliation. -It was of some importance to turn their attention here, without loss of time, to the manner of any proceeding that might be in their contemplation. It seemed that the Resolutions of the House of Representatives, if enacted into a law, might render it proper, if not indispensable, that the affair of the Chesapeake should be settled at the same time with the business of the Orders and Embargo, and this I understood to be Mr. Canning's opinion and wish. It followed that the whole matter ought to be settled at Washington, and, as this was moreover desirable on various other grounds, I suggested that it would be well, in case a special mission did not meet their approbation, that the necessary powers should be sent to Mr. Erskine. In the course of the conversation, Mr.on that subject, it was impossible for the Canning proposed several questions relative to our late proposal; the principal were the two following:

1. In case they should wish either through me or through Mr. Erskine, to meet us upon the basis of our late overture, in what way was the effectual operation of our embargo as to France, &c. after it should be taken off as to Great Britain, to be secured. It was evident, he said, that we should do no more than refuse clearances for the ports of France, &c. or prohibit under penalties, voyages to such ports, the effect which my letter of the 23rd of August, and my published instructions, proposed to have in view, would not be produced; for that vessels, although cleared for British ports, might, when once out, go to France ins ead of coming here; that this would in fact be so, (whatever the penalties which the

I took occasion, towards the close of our conversation, to mention the recent appointment of Admiral Berkeley to the Lisbon station. Mr. Canning said that whatever might be their inclination to consult the feelings of the American Government

Admiralty to resist the claim of that of ficer to be employed (no other objection existing against him), after such a lapse of time since his return from Halifax, without bringing him to a Court Martial. The usage of the navy was in this respect different from that of the army. But I understood Mr. Canning to say that he might still be brought to a Court Martial, although I did not understand him to say that this would be the case. He said that Admiral Berkeley, in what he had done, had acted wholly without authority. I did not propose to enter into any discussion upon the subject, and therefore contented myself with speaking of the appointment as unfortunate.-In both of these conversations Mr. Canning's language and manners were in the highest degree conciliatory.

LONDON :-Printed by T. C. HANSARD, Peterborough - Court, Fleet Street: Published by R. BAGSHAW, Brydges-Street, Covent Garden :-Sold also by J. BUDD, Pall Wall

VOL. XVII. No. 13.]

LONDON, SATURDAY, MARCH 31, 1810.

[Price 18. "There is a certain number of persons in the State Prisons, whom it is not convenient, either to bring "to trial, or to set at liberty. There are several men, certainly culpable, but who cannot be condemnedl "by our Courts."- NAPOLEON'S Decree.

481]

SUMMARY OF POLITICS.

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Despotism, as he has lately and as he even now appears to us in real life. We need WHAT IS DESPOTISM?In the pre-not go far to come at a sight of him. He sent state of the world, when governments is at no great distance from us. To get a stand, as it were, at the bar of the peo- view of his jealous scowling visage, so ple; or, if the people are, in certain cases, strongly descriptive of that cowardly tykept down by violent means, when go-ranny, which is bold only because it feels vernments stand, at least, at the bar of rea- that the arms of the mercenaries by whom son; at such a time, it is worth while to it is surrounded will insure it impunity; inquire a little into the nature of the dif- to get a full view of this detestable object, ferent sorts of government; and, as being we have nothing to do but to go down to that sort, of which very few amongst us, Dover, and cast our eyes across the Chanhere in England, have, as yet, the hardi- nel.But, to proceed to the practical hood openly to avow themselves the advo- illustration, which I have now more immecates; that sort, which, as yet, we hold diately in my eye, or, which, at any rate, in abhorrence, let us first inquire what I shall select for this occasion, the reader Despotism is, and endeavour to come to a will, probably, remember something of a clear and settled notion respecting it. certain DECREE, recently passed, or said Mr. Adams, in his Essays on Political to have been passed, by the EMPEROR Constitutions, has defined this species of NAPOLEON. This Decree I have not seen government, and, in my opinion, very at full length. I shall, therefore, take the completely defined it. But, let us hear account of it, given in the Morning ChroniDR. JOHNSON. He says, that Despotism cle of the 22nd of this month, and which means "Absolute Power." Then, again, account was in the following words :he says, that Absolute, as applied to power, A decree passed the beginning of this means "Not limited." Hence it is clear," month. It relates to State Prisoners, that, wherever there exists a power, not "and the preamble says, that there is a limited by any fixed rule, or law, and not "certain number of persons in the State controulable by any other power; where- "Prisons, whom it is NOT CONVEever such a power exists, there must exist" NIENT, either TO BRING TO TRIAL, a despotism.Indeed, what is despotism" OR TO SET AT LIBERTY- that but arbitrary power? Like Peculator and " though they would be condemned by Public-Robber, they are different words;" the Tribunals to capital punishments, but, they mean the same abominable" SUPERIOR CONSIDERATIONS OPthing.DR. JOHNSON says, that Arbi" POSE THEIR BEING BROUGHT TO trary, means, despotic;-absolute;-de-« TRIAL-that several are men accus"pending on no rule;-capricious;-depend-" tomed to crimes, but who CANNOT BE "ing on the will.”- -Wherever, then, the" CONDEMNED BY OUR COURTS, people, or any part of the people; where- though they have the certainty of their ever any person whatever, is liable to be" culpability that some belong to diffepunished, in any way whatever, at the" rent countries, which have been united pleasure of the party punishing; where- "to France, but that they cannot be tried, ever the life, liberty, or property, of any "because their offences are either politiman in the community is " dependent on the" cal, or anterior to the union of these will" of any body whatever, the govern-States!!!"-So, then! H-e, hem! ment under which he has the misery to live Mr. Perry puts three marks of admiration is a despotism; or else all the definitions of at the close of this account; and, he adds, DR. JOHNSON are false. Let us now seek by way of remark, these words: "Such for a practical illustration of this theory: "is the horrible nature of BUONAPARTE'S let us take a look at the hateful monster," tyranny, and the debused state of the people,

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"to whom he dares so fearlessly to avow it!" | without any complaint. They suffered him to bring his Polanders and his Italians into France, while he sent the French troops out of France. They suffered him, thus, by degrees, to draw the hand-cuffs and leg-bolts over their limbs; and, when they had so done, was it any wonder that

This is very good. These are sentiments which do honour to the person expressing them; and, in which sentiments I cordially join, What! put men into prison, without any trial, and keep them there during his pleasure? What! imprison, keep in prison, punish men, without any trial?he fearlessly told them, that he would What! put men in prison, shut them up in a jail, without any forms of law, without any trial, and then say that superior considerations oppose their being brought to trial? What! send men to prison, and keep them there, because .

keep men in prison, as long as he pleased, without bringing them to trial, merely because, if brought to trial, they could not be condemned in his Courts? Impudent as this declaration is; revolting as it is to every human nature; degrading as it is to the principle of justice; insulting as it is to character of any thing in human shape; still, it is no more than what ought to have been expected by a people, who had quietly, and, indeed, many of them, from very bad motives, suffered themselves to be surrounded in their very houses by Mamelukes, Polanders, and other Foreign Troops, without having whom at his back their ruler would never have dared so to insult them.One of the greatest faults of the French, however, is their havings ist, but given their countenance to the exfor so long a time, not only suffered to existence of, that thing called the Corps Legislatif; that sham of a representation of the people, formed by sham elections; that consist of sham motions, sham debates, set of sham Legislators, whose proceedings and sham votings, and whose sham laws leon's Ministers and Orators before they are in reality, already made by Napowhich, for the far greater part, manifestly are introduced into that sham assembly, consists of a set of venal knaves, or of fools, who, to make them knaves, want nothing but the requisite wit. Despicable as this Assembly is, in its doings as well as in its origin, it has nevertheless, served, for a good while, to impose upon the people.

because what? because, if brought to trial, they CANNOT BE CONDEMNED BY THE COURTS? Well might the Morning Chronicle call Buonaparte's government a "horrible tyranny:" well might it speak of the debased state of the people, to whom he "dares fearlessly to avow it." It is very true, that the people, supposing them not to be completely over-awed and kept down by mercenary troops, who can have no feeling in common with them, and who, in all likelihood, are hired and paid for the sole purpose of keeping the people in a state of submission to despotic acts, and are, thus, the means of increasing those taxes, to enforce the levying of which is one of their principal uses; it is very true, that the people, unless thus kept down; unless thus assessed with the bayonet at the breast; unless thus commanded to contribute with a "stand and deliver;" unless thus compelled, by force of arms, to submit to down-right, notorious, bare-faced robbery it is very true, that the people, unless thus beaten down and kept down; unless thus held in continual fear of their lives, must be a very base race, and must richly deserve all that they suffer. But, if they be trammelled in the manner here described; if they be compelled to support armed mercenaries in the midst of them; if they be reduced to a state, in worked upon by the power of words. The mass of mankind are which they are obliged to work like gal-They are very apt to take a thing to be, ley-slaves in order to earn the means of and to let it pass for, what it is called. supporting troops, whose business it is to From this cause it is, that we seldom see shoot at them, if they dare attempt to resist their Robbers; if such be their state, fine appellations upon each other and as any body of men backward in bestowing what are they to do? What is it possible cribing to each other very fine qualities; for them to do?- -It must be allowed, and, from this cause it is, that the imposhowever, that things cannot have arrived tors in question speak of themselves, upon at this pitch, without some fault, or some all occasions, as if they were, in reality, shocking felly, on the part of the people freely chosen by the people, when they, and of Napoleon's dominions; nay, without not only they, but all the world, know, some fault. They suffered him to intro- that they were no more chosen by the duce his Mamelukes and other foreign people, than they were chosen by the troops, without any resistance, and even birds of the air. Yet, from a want of

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