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he had taken the liberty to do on the trial, ceived, must have had in view the judicial must now again submit that it was impos- character o. the House, when he expressed sible to distinguish the case now alluded to himself as he did in the case of the King v. from the present. The one publication was Wright. It was clearly pointed out in justifiable because it had taken place in Coke, in his first Institute, where he says, Parliament, and because it was accurate and " Parliament is the highest and most hotrue. For the same reasons, he submitted, nourable and absolute Court of Justice in so was the other. · In these respects both England.”—“ It is called Parliainent bepublications were alike. What was the cause every Member of that Court should proceeding in Wright's case? It was an sincerely and discreetly parler la ment, for accurate publication of a Report of a Com- the general good of the Common Wealth ;'' mittee of the House of Commons. What –And such must also have been the view was the present proceeding? It was a entertained by his Lordship on this subject, speech made by a Member of the House of in the case of Burdett v. Abbuti. It was Commons; in a House duly constituted; on that ground that the House had the made by him in discharge of his Parlia- power of commitment. He begged here mentary duty; and to which the House to be allowed to state, that there were 30 were bound to listen. The act consisted in or 40 Resolutions of the House of Comthe Member's making the speech, and in mons against strangers publishing deliates, the House listening to it. Here it did not and not one Resolution on that subjec i rehappen to be either a Report or a Petition lating to Members, or in which they are which was laid before the House, and censured for so doing. The case of Wriglit which they might have disposed of as they was exactly against those 30 or 40 Resoluthought proper ; but it was a statement tions, the Reports which he was prosecute. made by a Member in the course of obser- for publishing, have only been ordered to be vations made by him in discharge of his printed for the use of the Members. Parliamentary duty, he having an incon- LORD ELLENBOROUGH said, he undertestible right to make them. The House stood all Parliamentary papers were orderheard what he had to say:
ed to be printed for the use of the Memceeding was final, and was determined, bers; none of them for the information of after the Member, in discharge of his duty, the community. had made the speech, and the House had Mr. BROUGHAM agreed that this was so; listened to it. If the House had so in- but Mr. Wright had not published the reclined, they might have dealt even penally port in question for the accommodation of with him for making the speech. They the Members, but of the Public. The might have called him to order ; they might question was, whether he was at all
prohave stopped him; and, if that had not tected in publishing it; and on that quesbeen enough, they might have committed tion all those 30 or 40 resolutions against him for liaving so spoken. In that “ high- strangers might have been thrown in his est, most honourable and absolute Court teeth; but the decision went to this, ihat of Justice,” he might have been committed the contempt could only be taken cognifor exceeding his duty, as a Counsel might zance of in Parliament, and punished there. in this Court. As in the Court of Com He farther submitted, that there was here mon Pleas, in the case of Currie and Wal- enough in the occasion of making the pubter, and in this Court in the case of the lication to justify it, and to have warranted King and Wright; so, in the House of the Learned Judge in sending it more Commons, if the Member had abused his strongly to the Jury, as rebutting and exprivilege of speech, and made it a vehicle cluding the presumption of malice. The for abuse and slander, as in Lord Abing- present was of the same description with don's case, it would, to use the language the case of Delaney and Jones, where a of Lord Ellenborough in the case of Bur- public advertisement having been inserted, dett v. Abbott, not be decent to suppose charging a person with suspicion of the that the House would suffer its privileges crime of bigamy, it was held to be a justito be abused with impunity. To argue fication that the defendant had an interest that the House would suffer a man to be in making the inquiry. Here the publicadefamed in a speech to which they listened, tion was not made with a view to investiwithout censure or disapprobation, would gation, but still on an occasion equally cabe to suppose that the House itself would pable of having good faith assigned as the become a party to such abuse. Mr. Jus- cause of it, namely, that of explaining the ice Lawrence, the Learned Counsei con- defendant's conduct to his constituents.
LORD ELLENBOROUGH said, it would not print their speeches. There was not here bear an argument, that with a view to the least colour for granting a new trial, stand well with his constituents, a Mem- and it would be wrong to excite doubts ber of Parliament might publish what he where none remained. pleased. That was an innovation on the Mr. Justice GROSĖ was of the same law of the land, which, he hoped, would opinion; he was not disposed to find fault never be tolerated.
with the direction of the Judge, or with Mr. BROUGHAM said, that was not his, what the Jury had done. argument, which only went to this, that a Mr. Justice Bailey should have been Member of the House of Commons might happy to have the case further gone into, publish what he spoke in that House. if there was any doubt on the subject, Again referring to the case of the King and, which he was decidedly of opinion there Wright, he submitted that the defendant was not.
A Member had a right to speak was entitled to a new trial in this case. boldly and freely what he chose in the
LORD ELLENBOROU CH saw no foundation Houses of Parliament, without being subwhatever for granting the present Rule. If ject to be called to account ; but he was any doubt had belonged to the case, his not entitled, out of his place in Parliament, Lordship should have been of opinion that more than any other man, to state what it ought to be fully discussed, in order to was injurious to any individual. Such was its being finally put to rest. But as there even laid down in the case of Lake and was nothing in the argument which had king, in which it was held to be justifiable been addressed to them, except in the ex- only because it was a proceeding in Parlia travagant construction given to the opinion ment. But it had never been pretendet of Lord Kenyon, that that Court could not that it was in the course of Parliamentary admit a proceeding in either House of Par- proceeding for a Member to let himself liament to be a libel, he was of opinion down so low as to communicate his speech that the Rule ought at once to be refused to à printer for publication. If he were The present, however, did not range itself misrepresented, he could set himself right under the head of a proceeding in Parlia- in his place, but he could not be suffered ment. But if a Member close to state in himself to publish defamatory matter against the House of Commons what he thought fit any man. He could not agree that every subject of debate, that is afterwards pub- thing that passed in that Court, if accus Jished, and he chuses, because he esteems rately stated, might be legally published. it more or less correct, to re-publish it if, for instance, a prosecution for blashimself, and it is found to contain defama- phemy were to be brought, would a publitory matter against individuals, is he to be cation of every thing which occurred in the authorized to do so, because he may have course of such an investigation be tolerated, spoken it in the House of Commons? Be thereby giving greater publicity to what cause he has not met with reprobation in ought never to have seen the light? Or that House, has he a right to address the could every speech of Counsel, commentsame improper and defamatory matter as ing upon the evidence of witnesses, which an Oratio ad populum ? Where was such even the person making it would be sorry a doctrine to be met with in our Law to see make a deep and lasting impression, Books, or even in any Book of Theories on be supposed to be a fit or justifiable subthe subject of Libels? It was an accident, ject for publication ? He was of opinion .or rather a misfortune, of the present day, they could not. The present, he was sato have such a proposition started, and to tisfied, was a case in which the occasion have it bandied about in every news-paper. did not justify the publication. The case of Currie and Walter was not Mr. Justice Le Blanc remained of the now before the Court. When such a case same mind he had been in on the trial. should arise, he should hesitate much be- MR. BROUGHAM observed, in answer to fore he went the full length of the doctrine an observation of Lord Ellenborough's, that laid down in it. As to the occasion of the he had relied on the law as laid down by present publication, whether it was libel- Mr. Justice Lawrence, in the case of the lous and malicious, those had been left to King and Wright, in which he referred to the Jury. To bring the present case with the case of Currie and Walter, rather than in that of Lake and King, which related to on the case of Currie and Walter itself, the printing of a Petition before the House The rule was refused. of Commons, it would be necessary to see Mr. Creevey was in Court himself during she Order of the House, to Members to the whole of the proceedings, accompa
pied by Mr. Western, General Ferguson, series of unexampled inconsistencies, might and the Hon. Henry Ģrey Bennett. excite the greater wonder, as proceeding
from a Government which founded the very
war in which it bas been so long engaged, OFFICIAL PAPERS.
on a charge against the disorganizing and insurrectional policy of its adversary.
To render the justice of the war on our AMERICAN STATES
part the more conspicuous, the reluctance (Continued from page 704.)
to commence it was followed by the earliest
and strongest manifestations of a disposition sying it on, no principle of justice or ho- | to arrest its progress.
The sword was pour, no usage of civilized nations, no pre- scarcely out of the scabbard, before the sept
of couriesy or humanity have been in- enemy was apprized of the reasonable terms fringed. The war has been waged on our
on which it would be re-sheathed. Still part, with scrupulous regard to all these more precise advances were repeated, obligations, and in a spirit of liberality and have been received in a spirit for which was never surpassed. —How little bidding every reliance not placed in the has been the effect of this example on the military resources of the nation. conduct of the enemy. They have retained These resources are amply sufficient to as prisoners of war citizens of the United bring the war to an honourable issue. Our States, not liable to be so considered under nation is, in number, more than half that the usages of war. They have relused to of the British Isles. It is composed of a consider as prisoners of war, and threaten- brave, a free, a virtuous, and an intelligent ed to punish as traitors and deserters, per- people. Our country abounds in the nesons emigrating without restraint to the cessaries, the arts, and comforts of life. A United States; incorporated by naturaliza- general prosperity is visible in the public tion into our political family, and fighting countenance. The means employed by the under the authority of their adopted coun. British Cabinei to undermine it, have retry, in open and honourable war, for the coiled on themselves ; have given to our maintenance of its rights and safety. Such national faculties a more rapid developeis the avowed purpose of a government, ment; and, draining or diverting the prewhich is in the practice of naturalizing, by, cious metals from British circulation and thousands, citizens of other countries, and British vaults, have poured them into those not only of permitting, but compelling them of the United States. It is a propitious to fight its battles against their native coun- consideration, that an unavoidable war try. They have not, it is true, taken should have found this seasonable facility into their own hands the haicbet and the for the contributions required to support it. kuise, devoted to indiscriminate masșacre; When the public voice called for war, all but they have let loose the savages armed knew, and still know, that without them it with these cruel instruments; have allured | could not be carried on through the period them into their service, and carried them to which it might last; and the patriotism, battle by their sides, eager to glut their the good sense, and the manly spirit of our savage thirst with the blood of the van- fellow-citizens, are pledges for the cheers quished, and to finish the work of torture fulness with which they will bear each his and death on maimed and defenceless cap- share of the common burden. To render tives. And, what was never before seen, the war short, and its success sure, aniBritish Commanders have extorted victory mated and systematic exertions alone are over the unconquerable valour of our troops, necessary; and the success of our arms by presenting to the sympathy of their chief now, may long preserve our country from awaiting massacre from their savage associ- the necessity of another resort to them. ates. And now we find thein in further Already have the gallant exploits of our contempt of the modes of honourable war. naval heroes proved to the world our inhefare supplying the place of a conquering rent capacity to maintain our rights on one force, by attempts to disorganize our poli- element. If the reputation of our arms tical society, to dismember our confederat-' has been thrown under clouds on the other, ed Republic. Happily, like others, those presaging flashes of heroic enterprise assure will recoil on the authors: but they mark us, that nothing is wanting to correspon. the degenerate councils froin which they dent triumphs there also, but the discipline emanate : and if they did nos belong to a and habits which are in daily progress.”
New York, March 4, 1813. lency of the happy occurrences of the 5th NOTICE TO BRITISH SUBJECTS.
April, with the intent of relieving the good
citizens of Berlin from the dread and fear Marshal's Office of the United States of they entertained of possibly again seeing
America for the District of New York, at the enemy within their walls.General the City of New York, March 4, 1813.
Von Borstell, with his detached corps, had By virtue of the power vested in me, already advanced as far as Wahletz, for the and special instructions from the proper au- purpose of surrounding Magdeburg on the thority, all Alien Enemies, engaged in right bank of the Elbe; but, on the ed of commerce, and residing and being within April, being attacked by a superior force, forty iniles of tide-water, or the margins he, according to his previous instructions, of the Hudson and East Rivers, and Long retreated back to Nedlitz, but covered the Island Sound, in the district of New York, roads to Burg and Gommérn by Cossacks. and particularly those in the City of New -On the 5th of April the enemy obliged York, are hereby required forthwith to re- General Von Borstell to fall back to Gevena tire beyond that distance from tide-water, (on the road to Gortzke), and forced the and the margins of the Hudson and East Cossacks past Lutzkau and towards Burg. River and the Sound. Passports for their As I had received certain information departure will be given at the Marshal's that the Viceroy of Italy commanded this Office, and the places of their residence expedition in person, with a corps d'armee therein designated. Persons of the above of four divisions, about 22 or 24,000 men description, who refuse or neglect to com- strong, among which were 3,000 cavalry, ply with this requisition, will be inmedi- 40 pieces of artillery, not only causing the ately taken into custody: --And all alien country round Magdeburgh to be plunderenemies, not engaged in commerce, and re-ed (on the right bank of the Elbe), but siding and being within 40 miles of tide- likewise, not knowing that my corps was water, or the margins of the Hudson East so near him, intended making an attempt Rivers, and the Sound, in said district, are upon Berlin; I determined on attacking required immediately to apply to the Mar- him with my whole strength, to drive him shal for permission to remain where they back with my whole force. For this are, which permission will be granted purpose, on the 4th April, I concentrated when it satisfactorily appears that their in- the force of General Von York, near Zorest, tentions towards the United States are that of Lieutenant-General Von Berg, at friendly, and that the indulgence and hos- three German miles from thence, in the pitality which have been extended to them village of Lietzo, and fixed my head-quarhave not been abused or misapplied. ters at Zorest. I directed General Von Also, Alien enemies, of every occupation Borstell, and likewise General Von Bulow, or profession, who have arrived in the city who had, so early as the 4th April, arrived of New York, from a foreign place, since at Ziesa, to push as far forward as the enethe declaration of war, are required,' with my would permit; but that they should on out delay, to retire into the interior of the the 5th, when they would be informed by country, beyond the distance above-men- a cannonade of my' having commenced an tioned. It the different requisitions re- attack, fall on the enemy with the greatest quired by this notice are not uncondition. impetuosity. ---On the 5th, in the mornally complied with, vigorous measures will ing, Lieutenant-General Von York's corps be taken against all those to whom it has advanced to Leitzkeu, and that of Lieutereference.
nant-General Vou Berg to Ladeburg: Peter CURTINIUS, Lieutenant-General Vun Borstell had ad. Marshal of the District of New York. vanced towards Makun, and Lieutenant
General Von Bulow to Hohenzias. ALIWO
o'clock in the afternoon, Lieutenant General NORTHERN WAR.
Von York was obliged to send a van-guard
towards Gammern, and Lieutenant-General Head-quarters, Zubst, April 7, 1813. Von Berg to do the same to this place. I hasten humbly to inform your Excel
(To be continued.)
Publisbed by R. BAGSHAW, Brydges-Street, Covent-Garden.
LONDON: Printed by J. M'Creery, Black-Horse-Court, Fleet-street.
COBBETT'S WEEKLY POLITICAL REGISTER.
Vol. XXIII, No. 21.]
LONDON, SATURDAY, MAY 22, 1813.
about after “ THE COSSACK," and after SUMMARY OF POLITICS.
spear; that identical spear, fourteen NORTHERN WAR.-Battle of Lutzen. feet long, with which he killed thirty
This battle is the most fatal that has Frenchmen in an hour, and which, as we taken place since the beginning of this were told, the Cossack brought up from twenty years' war. It has not been the Yarmouth or Harwich, sticking out of the most bloody; it has not ended in the most window of the post-chaise ? And the signal triumph of the French ; it has not " DON COSSACK,” too? Where is he? spread so much havoc and so much disgrace -Oh! what a wise, what a “thinking amongsi the enemy; but, still it is the most " nation!" These destroyers of our fatal; because the result was less erpected enemy may now hasten back again; for than a defeat ever was, upon any former there appears to be business enough for occasion. I have been, for nearly four them to perform.-- - And, how unfortunate months, a most mortified spectator of the that the Duke of Cumberland did not set off delusion practised upon this “most think- a little sooner! If he had been present at “ ing nation,” who have been made to be the battle of Lutzen, the result might have lieve, as firmly as they believe in their ex- been different. However, he is on his istence, that the Emperor Napoleon was way, and, in all probability, we shall soon down for ever; that it was impossible for hear of the effect of his presence with the him again to collect an army in sufficient armies of the allies. One thing I must force to dare to face the allies in the North; stipulate for beforehand with my readers, that, in short, he was about to experience and that is, that if His Royal Highness the fate of a rebel and an usurper; and does noi beat Buonaparté, he shall not, for that, in a few months, we might expect to all that, be supposed to be inserior to him hear of his having suffered an ignominious either in skill or courage; but, then, I am death. I endeavoured to put the public afraid, that we shall have to allow, that on their guard against being the dupe of there is a superiority in the French troops ; these delusions; but, I must confess, that, for, unless we allow this, I do not see how even amongst persons usually rational in we shall be able to deny, in case of Buonatheir way of calculating, I found very few parte's beating the allies with the Duke indeed to coincide with me in opinion. along with them, chat the Duke is not infeIt was manifest, I thought, that the whole rior to him either in skill or in courage. question turned upon the success that Na- --The Morning Chronicle, whose busipoleon would meet with in raising an army ness it is to work ihe Ministers out of their in France. That he appears to have done; places, and to put in its own party, takes and, having again an army of Frenchmen, this occasion of blaming the Ministers, all other things he will obtain.--—I do though it is not very easy to perceive what not see what is now to arrest his progress, they can have done to cause the Russians unless, indeed, the people of Germany can and Prussians to be beaten by the French; be roused against him; and, I must, from or, what they could have done to prevent what has passed, greatly doubt of that. what has happened.-_The offer of terms There are now the same motives to oppos- of peace might, indeed, have had some efing him that there were before, and I fect on the minds of men on the Continent; cannot see why they should now be more but, can any one say, that the Whig Party efficacious than they formerly were. A have shown any desire to see such offers people, and only a people, can, in my opi-made? Where is the record of any molion, nion, effectually resist his power; and, any speech even, to that effect ? Nay, have until I see a people hearty in the cause, I they not abetted, the Ministers in all their shall continue to believe, that he will ulti- warlike projects, and even gone beyond malely succeed. And now what do them in expressions of exultation at what those persons think, who have been running they all appear to have deemed the fall of