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LORD ELLENBOROUGH saw no foundation whatever for granting the present Rule. If any doubt had belonged to the case, his Lordship should have been of opinion that it ought to be fully discussed, in order to its being finally put to rest. But as there was nothing in the argument which had been addressed to them, except in the extravagant construction given to the opinion of Lord Kenyon, that that Court could not admit a proceeding in either House of Parliament to be a libel, he was of opinion that the Rule ought at once to be refused. The present, however, did not range itself under the head of a proceeding in Parliament. But if a Member chose to state in the House of Commons what he thought fit subject of debate, that is afterwards published, and he chuses, because he esteems it more or less correct, to re-publish it himself, and it is found to contain defamatory matter against individuals, is he to be authorized to do so, because he may have spoken it in the House of Commons? Because he has not met with reprobation in that House, has he a right to address the same improper and defamatory matter as an Oratio ad populum? Where was such a doctrine to be met with in our Law Books, or even in any Book of Theories on the subject of Libels? It was an accident, or rather a misfortune, of the present day, to have such a proposition started, and to have it bandied about in every news-paper. The case of Currie and Walter was not now before the Court. When such a case should arise, he should hesitate much before he went the full length of the doctrine laid down in it. As to the occasion of the present publication, whether it was libellous and malicious, those had been left to the Jury. To bring the present case within that of Lake and King, which related to the printing of a Petition before the House of Commons, it would be necessary to see the Order of the House, to Members to
print their speeches. There was not here the least colour for granting a new trial, and it would be wrong to excite doubts where none remained.
MR. JUSTICE GROSE was of the same opinion; he was not disposed to and fault with the direction of the Judge, or with what the Jury had done.
MR. JUSTICE BAILEY should have been happy to have the case further gone into, if there was any doubt on the subject, which he was decidedly of opinion there was not. A Member had a right to speak boldly and freely what he chose in the Houses of Parliament, without being subject to be called to account; but he was not entitled, out of his place in Parliament, more than any other man, to state what was injurious to any individual. Such was even laid down in the case of Lake and King, in which it was held to be justifiable only because it was a proceeding in Parlia ment. But it had never been pretended that it was in the course of Parliamentary proceeding for a Member to let himself down so low as to communicate his speech to a printer for publication. If he were misrepresented, he could set himself right in his place, but he could not be suffered himself to publish defamatory matter against any man. He could not agree that every thing that passed in that Court, if accu rately stated, might be legally published. If, for instance, a prosecution for blasphemy were to be brought, would a publication of every thing which occurred in the course of such an investigation be tolerated, thereby giving greater publicity to what ought never to have seen the light? Or could every speech of Counsel, commenting upon the evidence of witnesses, which even the person making it would be sorry to see make a deep and lasting impression, be supposed to be a fit or justifiable subject for publication? He was of opinion they could not. The present, he was satisfied, was a case in which the occasion did not justify the publication.
MR. JUSTICE LE BLANC remained of the same mind he had been in on the trial.
MR. BROUGHAM observed, in answer to an observation of Lord Ellenborough's, that he had relied on the law as laid down by Mr. Justice Lawrence, in the case of the King and Wright, in which he referred to the case of Currie and Walter, rather than on the case of Currie and Walter itself. The rule was refused.
Mr. Creevey was in Court himself during the whole of the proceedings, accomp.
nied by Mr. Western, General Ferguson, | series of unexampled inconsistencies, might and the Hon. Henry Grey Bennett.
war on our
excite the greater wonder, as proceeding
ying it on, no principle of justice or ho-to nour, no usage of civilized nations, no precept of courtesy or humanity have been infringed. The war has been waged on our part, with scrupulous regard to all these obligations, and in a spirit of liberality which was never surpassed.How little has been the effect of this example on the conduct of the enemy. They have retained as prisoners of war citizens of the United States, not liable to be so considered under the usages of war. They have refused to consider as prisoners of war, and threatened to punish as traitors and deserters, persons emigrating without restraint to the United States; incorporated by naturalization into our political family, and fighting under the authority of their adopted country, in open and honourable war, for the maintenance of its rights and safety. Such is the avowed purpose of a government, which is in the practice of naturalizing, by thousands, citizens of other countries, and not only of permitting, but compelling them to fight its battles against their native country.- -They have not, it is true, taken into their own hands the hatchet and the kuife, devoted to indiscriminate massacre; but they have let loose the savages armed with these cruel instruments; have allured them into their service, and carried them to battle by their sides, eager to glut their savage thirst with the blood of the vanquished, and to finish the work of torture and death on maimed and defenceless captives. And, what was never before seen, British Commanders have extorted victory over the unconquerable valour of our troops, by presenting to the sympathy of their chief awaiting massacre from their savage associ-And now we find thein in further 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 from which they dent triumphs there also, but the discipline emanate and if they did not belong to a and habits which are in daily progress."
lency of the happy occurrences of the 5th April, with the intent of relieving the good citizens of Berlin from the dread and fear
New York, March 4, 1813.
Marshal's Office of the United States of America for the District of New York, at the City of New York, March 4, 1813.
they entertained of possibly again seeing the enemy within their walls.General Von Borstell, with his detached corps, had already advanced as far as Wahletz, for the purpose of surrounding Magdeburg on the right bank of the Elbe; but, on the 2d of April, being attacked by a superior force, he, according to his previous instructions, retreated back to Nedlitz, but covered the roads to Burg and Gommern by Cossacks.
On the 5th of April the enemy obliged General Von Borstell to fall back to Gevena (on the road to Gortzke), and forced the Cossacks past Lutzkau and towards Burg.
As I had received certain information that the Viceroy of Italy commanded this expedition in person, with a corps d'armee of four divisions, about 22 or 24,000 men strong, among which were 3,000 cavalry, 40 pieces of artillery, not only causing the country round Magdeburgh to be plunder
By virtue of the power vested in me, and special instructions from the proper authority, all Alien Enemies, engaged in commerce, and residing and being within forty miles of tide-water, or the margins of the Hudson and East Rivers, and Long Island Sound, in the district of New York, and particularly those in the City of New York, are hereby required forthwith to retire beyond that distance from tide-water, and the margins of the Hudson and East River and the Sound. Passports for their departure will be given at the Marshal's Office, and the places of their residence therein designated. Persons of the above description, who refuse or neglect to comply with this requisition, will be immediately taken into custody.And all alien enemies, 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-quarters at Zorest. I directed General Von have not been abused or misapplied.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. If the different requisitions re- attack, fall on the enemy with the greatest On the 5th, in the morn quired by this notice are not uncondition- impetuosity.ally complied with, vigorous measures willing, Lieutenant-General Von York's corps be taken against all those to whom it has advanced to Leitzkeu, and that of Lieutenant-General Von Berg to Ladeburg.– reference. Lieutenant-General Von Borstell had advanced towards Makun, and LieutenantGeneral Von Bulow to Hohenzias. Attwo o'clock in the afternoon, Lieutenant General Von York was obliged to send a van-guard towards Gammern, and Lieutenant-General Von Berg to do the same to this place. (To be continued.}
Marshal of the District of New York.
Head-quarters, Zubst, April 7, 1813.
Published by R. BAGSHAW, Brydges-Street, Covent-Garden.
VOL. XXIII. No. 21.] LONDON, SATURDAY, MAY 22, 1813.
SUMMARY OF POLITICS. NORTHERN WAR.-BATTLE OF LUTZEN. -This battle is the most fatal that has taken place since the beginning of this twenty years' war. It has not been the most bloody; it has not ended in the most signal triumph of the French; it has not spread so much havoc and so much disgrace amongst the enemy; but, still it is the most fatal; because the result was less expected than a defeat ever was, upon any former occasion.I have been, for nearly four months, a most mortified spectator of the delusion practised upon this "most think"ing nation," who have been made to believe, as firmly as they believe in their existence, that the Emperor Napoleon was down for ever; that it was impossible for him again to collect an army in sufficient foree to dare to face the allies in the North; that, in short, he was about to experience the fate of a rebel and an usurper; and that, in a few months, we might expect to hear of his having suffered an ignominious death. I endeavoured to put the public on their guard against being the dupe of these delusions; but, I must confess, that, even amongst persons usually rational in their way of calculating, I found very few indeed to coincide with me in opinion. It was manifest, I thought, that the whole question turned upon the success that Napoleon would meet with in raising an army in France. That he appears to have done; and, having again an army of Frenchmen, all other things he will obtain.I do not see what is now to arrest his progress, unless, indeed, the people of Germany can be roused against him; and, I must, from what has passed, greatly doubt of that. There are now the same motives to opposing him that there were before, and I cannot see why they should now be more efficacious than they formerly were. A people, and only a people, can, in my opinion, effectually resist his power; and, until I see a people hearty in the cause, I shall continue to believe, that he will ulti-warlike projects, and even gone beyond mately 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
about after "THE COSSACK," and after his spear; that identical spear, fourteen feet long, with which he killed thirty Frenchmen in an hour, and which, as we were told, the Cossack brought up from Yarmouth or Harwich, sticking out of the window of the post-chaise? And the "DON COSSACK," too? Where is he? -Oh! what a wise, what a "thinking "nation!" These destroyers of our enemy may now hasten back again; for there appears to be business enough for them to perform.And, how unfortunate that the Duke of Cumberland did not set off a little sooner! If he had been present at the battle of Lutzen, the result might have been different. However, he is on his way, and, in all probability, we shall soon hear of the effect of his presence with the armies of the allies.- One thing I must stipulate for beforehand with my readers, and that is, that if His Royal Highness does not beat Buonaparte, he shall not, for all that, be supposed to be inferior to him either in skill or courage; but, then, I am afraid, that we shall have to allow, that there is a superiority in the French troops; for, unless we allow this, I do not see how we shall be able to deny, in case of Buonaparte's beating the allies with the Duke along with them, that the Duke is not inferior to him either in skill or in courage.
-The Morning Chronicle, whose business it is to work the Ministers out of their places, and to put in its own party, takes this occasion of blaming the Ministers, though it is not very easy to perceive what they can have done to cause the Russians and Prussians to be beaten by the French; or, what they could have done to prevent what has happened.The offer of terms of peace might, indeed, have had some effect on the minds of men on the Continent; but, can any one say, that the Whig Party have shown any desire to see such offers made? Where is the record of any motion, any speech even, to that effect? Nay, have they not abetted the Ministers in all their
Napoleon?-But, besides this, will Mr. | sist him, is the only recommendation to Perry undertake to show, that, in the pre-elevation in his service. It is, therefore, sent internal state of this country, peace no wonder that he succeeds, and less wonwith France is possible? If she be left in der that he is admired by his army and by possession of Holland, I defy the Ministers, the people, seeing that he can haye no under the present system, to reduce by peace temptation to promote an unworthy person. the expenses of the country; and, if the taxes cannot be reduced, peace would only have the effect of sending out of the country many of those who now smart under the taxes.- Are the Whigs ready to give us a reform of the parliament? If they are not, to talk about peace is a mere mockery. --The hireling prints are, as usual, making great efforts to cause the public to believe, that Napoleon has, upon this occasion, gained no victory. He has advanced 50 miles, however, according to their own acknowledgment. But, this thinking people have long been in the habit of regarding his advances as no proof at all of triumph; while those of his enemies are decided proofs of triumph.- -It is useless, however, to make these observations for about the thousandth time. They do, perhaps, but little good. The public ear is filled with the falsehoods of the hired press; and suffering alone can make way for a belief of the truth.- -What is most worthy of remark upon this occasion is, that the people of France seem to partake, as much as ever, in the feelings of the Empe
-The COURIER and TIMES news-papers, especially the latter, has, for many months past, amused their readers with accounts We now of insurrections in France. know, that these were falsehoods hatched by themselves, or by others for them, who had their views to answer. Indeed, all men of any political information knew, at the time, that they were falsehoods; but, the mass of the people believed the accounts; and, as the accounts have never been contradicted, they do still believe them. The people in this country, ingeneral, think that Napoleon is hated in France as much as they hate him. If you were to tell them the contrary, they would either not attend to you, or think that you were ignorant of what you were talking about. They believe, almost to a man, that Napoleon is held, in France, in deadly abhorrence; that he is obliged to resort to himself all sorts of precautions to prevent from being assassinated; that he has spies in every hole and corner; that no man dares open his lips without danger to his life; that there are soldiers every where to shoot at the people, and that these soldiers, having been forced into the service, hate him even more than the rest of the nation do; that France is filled with Bastiles; that any man may be clapped into prison, or shot, or hanged, at a minute's warning, without any trial; that there are no laws in France except military laws; that there are no courts of justice; and, in short, that the people are the most wretched slaves, the most miserable, starving, bare-boned officers; their genius for war; their quick-creatures that imagination can trace. sightedness; their ability in turning every And, why do the thinking people" becircumstance to their advantage; and the lieve all this? Because there are a hundred great mass of like ability, though in a dif- or two of news-papers to tell it them, once ferent way, amongst the ranks of his army. every day, or, at least, once every week, all the year round. Burke said: "let a man
That is the main point; for, after all, France herself, that fruitful source of military talent and military courage, is what he When the French must depend upon. people resolved, that the Rhine and the Alps should be the boundary of their territory, how soon they extended their sway to the Rhine and the Alps! It is the genius and taste of the people of France, which do every thing. It is not on brute force that Napoleon depends. It is on the skill of his
-Then, he has the vast advantage of being disembarrassed by aristocratical and No family influ-" oligarchical interests. ence prevails with him. He is not, by any such shackles, confined to a few, out of whom to select his officers. He has a whole army; he has all France, to choose out of. All the youth of France are brought, as it were, one after another, before him, for the purpose of giving him an opportunity to select de Buress persons to command in his armies, le
tell you his story once a-day for a year, and, at the end of the year he is your "master.". -The Country-papers are, for the most part, the mere echoes of the hired prints in London. They are, in general, even more dependent. They depend for existence on their advertisements. These follow the politics. The magistrates, the Clergy, the Sheriffs, the TaxCommissioners, the Navy and Transport chooses, too, after experi- Boards, the Barrack-office, the War-office, real ability to as- and the numerous other sources of adver