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admission of the least degree of guilt or crimi. , you; it is a case of a different sort; and I am nality in a similar publication to this. I en at a loss to guess how the word mercenary' tered into a defence as seriously, and as ar. can bear any application to the present charge. deptly wished, that such weak arguments as I have always in my own thoughts distinmy understanding might furuista me with, guished between those that prostitute their own might be prevalent in that case, with that peus, and become the stipensliary instruments anxiety that always will attend questions of the of parties and ininisters, and those pens which most important nature, and expecting an in- are called forth in the delence of particular stant decision. I appear now, as then, avow- opinions, and only offer the discussions of those edly defending the publication of the paper. I opinions to the pablic. I have always thought approach with the same anxiety, and have it of the utmost importance, that the latter some relief to that anxiety, finding the deter- should be protected and encouraged. If in the mination of this important question in the hands paper here before you, you see wo more than 1 of a jury of the principal citizens of London. profess I see, a writer called forth by ardent Genilemen, I made no objection to that neglect zeal, for the safety of that sovereigo wbieb he and remissness, in convening a full jury here, thinks in danger, and for the safety of that persuaded as I am, that collect the jury where country whose rights are involved in the same they will, among the inhabitants of this me- danger, called out to deliver his opinion of that tropolis, it is impossible to find men with hearts in this publication ; I am so far from thinking so foreigu to the ideas they owe to liberty and that paper obnoxious to any degree of censure public justice as to allow the conviction of the and condemnation, that I think the author must present defendant. Gentlerren, my learved bare been said to have acted a justifiable part, friend bas said, ibat upon the last trial, no par- to bave obeyed the call on a good citizen, in ticular passages were pointed out to which we conveying the alarm, and giving notiee where thought proper to apply a particular vindica- be thought it necessary. My learned friend tion. The charge was general ; the aoswer, I has the same idea of the matter now to be deallow, was as general; and I think it seems as termined, upon the grounds on which you are proper and becoming to leave the construction to form your decision, that I entertain ; it lies of a paper to a jury of citizens, who are the entirely in your own breasts to deterınine it; most competent judges of what sense and con- and I would not insinuate any thing that I struction belongs to a paper, unassisted by think they ought to adhere to, as I know you counsel. And if I did not enter into a defence to be a jury so well acquainted with your duty, of particular passages, it was because a general that no instructions are necessary. For we all charge was exhibited, and no particular pas- know, that in all times, the lionest, intrepid, sages pointed out, as bearing an unjustifiable upright conduct of a jury must be the refuge construction. My learned friend says, he of the people of this kingdom. That has been koows no party so dangerous, as mercenary their security, when all other securities have writers employing their pens in the aspersion been taken away, and their liberties likewise. of private characters, or the misrepresentation They must and will, in the natural course and of public measures. I do most heartily agree evolution of things, flee again to the same asywith the gentleman, in a detestation of those lum; and upon that account, gentlemen that men who can be procured by any emoluments are called to exercise that iinportant daty, do coming from any quarter, to prostitute their not want to be informed of that line of jurispen to the calumniation, slander, and depre- | diction that falls to them; that jurisdiction that ciating of thc best characters in the king. they are to keep inviolable, and that jurisdicdom. I do most heartily agree with him in tion upon which depends the security of every despising and contemning the authors; but 1 subject of this kingdom : and that jurisdiction, do look further, and I bestow the higher mea- if once broke in upon, makes juries useless; sure of indignation and condemnation on that and the practice and insult upon that substanfountain from whence flows the encouragemeut tial benefit, the constitution boasts of in it, aod to such pernicious prostitution. None of that the poblic have constantly reaped from it; sort has, however, been thought proper to be that line of distinction tbe jury have to deterbrougbt before you, with regard io the great mine of the full matters before them, and I and respectable characters that have been at believe I shall be in no degree contradicted, tacked, as they say they bave acted with im- when I shortly state the question you are to propriety in leaving the publisher to the pu- determine. Gentlemer, Mr. Miller is a citizen nishment that a just and indignant public jury of London, and is charged with having sediwill always inflict upon indignant writers; tiously published a paper reflecting upon the and if that is to be pursued, it should be of person of the kiug ; vilifying his subjects, and those writers there should be a reparation wrote with a view of exciting a sedition ; vilisought for, to the constitution ; and thuse cha- fying the person of the king; wrote with a racters that you see every day ip daily publica- view of exciting sedition, with intent to alientions, publicly libelled and traduced, there ate the affections of the subjects from his ma. might be reparation sought for to those great jesty. That is the general description of the characters, though they cannot be protected charge against him before you. It is alleged from the scurrility of malignant pens. But in the information, that it is a seditious libel, gentlemen, none of them are brought before reflecting upon the king, his administration of
government, and his principal officers of state, tions to the king himself, and denying those and the hoo, House of Coinmons; and in the virtoes which all the world know him to be words and dashes contained in the specifica possessed of? Through the whole of the paper, tion of the letter itself; and if those words ibere is not an imputation of any bad quality were admitted, it is incumbent upon you, and in the king. On the contrary, those bad quayou must give satisfaction, and convict the lities are imputed to others. The learned gendefendant; and if that is not wanting, you tleman, in his further prosecution of that deare called upon by your duty, to convict the sign, to make you assent to his propositions, if defendant. Gentlemen, I would not be under- subtilty can draw it from the line of truth, and stood here to be making a cavil of defence, give it that aspersion he says it contained; he as if I insisted literally upon a proof of every has told you his education is libelled; bis part of it. This I insist upon, that in all cases condition, bis situation, and the whole is a libel whatsoever, the principle of the crime is the upon him in the supposed difficulties in the maligvagt miod, the bad design and iotention access of an honest man to his closet, to tell in the writer; and you must be satisfied of the him he is surrounded by flatterers, and that proof and the nature of the subject before you, truth don't find easy access; and ibat is an that there was that malignant disposition in the aspersion upon the king. It has been the case writer. You must be convinced bere, that of the best of kings; and no good qualities there was sedition in the intention; and it that in the mind of a sovereign can guard against proof is wanting, that charge is not made out; it. The most active and vigilant kings, have, it is like all the other cases of criminal prose in some part of their lives, suffered in the adcutious, whether for felony, perjury, or trea- ministration of government, from the diffison ; you must find the intention ; it must be culty there is to convey the truth to their ear. proved wilful and corrupt, in case of perjury; It is not the person of the king, it is the mis. and if they were to say they found the word fortune of a throne that it cannot be accessible false, without wiltul and corrupt, they have in to people of all denominations. If their servants effect, acquitted the defendant. They would are corrupt, they are surrounded, and a barrier do better, if in explicit words, they would is formed a ainst the approach of all others, speak in the language of the law, in saying, that would convey any useful caution to the ear the defendant is not guilty. There is danger of the king. If he is in the hands of bad serin not being explicit, where the facts justify an vants, the most wholesome steps are to be taken explicit explanation-; and I do submit, gentle. to deliver himself from those servants. Has men, that in the present case, you must be con that construction contended for by my learned vinced there is a seditious meaning and inten- / friend, and · ingeniously stated to you, has tion running though the whole of ihis publica- it been well warranted by the paper before tion, though I don't see it is necessary to give you ? Let us consider the other ground upon proof of the whole, but you must be convinced which it has been contended. It has been said, of the seditious intention, so as to affect the the lord lieutenant of Ireland has been treated defendant with a proof of the seditious inten- wrongfully, and he don't deserve that title ; tion at the time he published it. Gentlemen, and my learned friend said, he himself would my learned friend, koowing that to be the case, defend him, as he has known his conduct, and knowing the necessity of such proofs to sup been acquainted with him. The lord lieutenantport the present charge, be bas entered into au with regard to what it said of him, and to make examination of the paper, and he has laboured it apply, it bas been said it infers an insult upon to convince you, that this is a direct personal the king, because he is told, after the disgraceful libel and invective against the king. Gentle picture has been drawn of the viceroy and demen, if a subject of this kingdom so far forgets puty, that he is a fit or worthy representative of bis duty, as to traduce and calumniate the per- ihe person that sent bim. Read that passage, son of the king, in that case it would cut off a gentlemen ; I desire that passage may be fairserjous defence; but it is necessary to the pre-iy read. The import is, as I am warranted by sent prosecution, you should understand it so ; | the words and l'expect to find no credit with the learned gentleman bas, for that reason, so this, or any jury, if I wilfully misrepresent any Jaboured it, and you will judge of the snccess thing-the import, as I take it, is, that a disof his labours. You will judge how well war. graceful viceroy has been sent to a neighbourranted by the paper before you, are the con ing kingdom ; and the import of the paper is, structions the learned gentleman has put upon it was that viceroy that has drawn discredit upon it. In the first place, says the learned gen- the person that sent him. Who sent bim? that tleman, every bad quality is imputed to the person is not named that sent him, nor is there kiog; every good quality denied him. Gen a word said, nay, it is so far from being said, that tlemen, 1 submit to your own consideration, representative is a worthy, becoming, or similar upon reading the paper, whether the obvious representative of his sovereign, the contrary ineaning of the author is not quite contrary to is, in direct words, said-his sovereign is disa the meaning put upon it by my learned friend; graced by him. This is the third ground by and whether he has not repeatedly borne testi which it is represented, there must be a permony of the royal virtues of the king. Is that sonal application of this to the king. Then application just? Is it just to say, this is a paper my learned friend says, the next charge upon containing the imputation of all bad qualifica bim is, that be takes a sbare in the narrow VOL, XX.
views and fatal malignity of some individuals, and, it is not only justifiable to say, that war is 10 sacrifice a private object; and that he had not beguo properly, but peace is not made prostretched every nerve of government, and vio-perly: for, it bas been frequently the case of Jated the constitution, by an ill-advised per- ibis kingdom, to exercise the royal prerogative sonal resentment. Is it criminal to say, every of the seal to a peace, wbich bas been deministerial power has been employed io crush clared to be ignominions and dishonourable at ibat man? if it is criminal, Mr. Miller makes the same time. At the same time we guard one amongst millions of guilty gentlemen. the person of the king; it is not his peace, but Does that, however, in the least degree, apply the ministers, and they should be punished for to the person of the king? Are you not it. The ministers have then made use of this then, by reading the paper itself, convinced, argument, it is the king's ; unfaithful to their that this bas no application, in any degree, sovereign, if they have drawn reproach upon of that kind, to the person of the king themselves, they will shelter themselves beIt contains no insinuation to bis disgrace, no hind the curtain, and will produce him. reflection, no personal resentment upon him; Whenever measures are freely wrote of, whoand, is it criminal in a man to say, if he thinks ever should introduce the name of the king as $0, that discontents prevail in ibis kingdom? the author of it, lie is the person who acts unis it criminal to state the grounds of it? is it worthy of tbat duty he owes to the king, and criminal, if he thinks it, to say there are dis- he bas libelled the king, and brought his percontents between one party and another? is son iuto danger: those that take from the offi. it criminal for a mau who thinks there are cers of the crown, and throw that upon the evil counsellors about the king, to express his king which belongs to them, treat the person of wishes, that they may be removed ? İn direct the king ill, and make a libel upon him : but terms, these are the words, that they may be the jury will put a right construction upon this removed, and the parliament dissolved, and paper. The jury will consider the necessity of every cause of complaint removed from bis a free examination of measures, avd they will government. And those who wish for the not suffer an expedient to take place, which prosperity of the king, and content and hap- would be at once unfaithful to the crown, and piness, may form such a wish ; and, if justi. dangerous to the subject, to shut our mouths fiable in making it, certainly are justifiable in to all sorts of discontent, and to reduce this paexpressing it; and it can be no imputa- tion, like all others, where oppressions cannot tion upon the person of the king through be expressed, where discontents are not koown, out. But the measures of government have till they break out in events too dangerous, and been freely censured, from one end of this ton melancholy to be mentioned. And, as paper to the other, as the cause of the discon- their discontents are known, they may be retents, and that has been lamented; and an in- moved ; if well or ill-founded, they inay be vidious interpretation has been given it, as aoswered by argument; if they are ill-meaif it was a menace to the sovereign. Gentle- sures, it is ihe happiness of this kingdom, that meu, you all know, that whoever gives a picture we owe to the freedom and liberty, which is a of a distracted and discontented people, if he security to the throne and people. means to convey honest advice, would name Gentlemen, I have troubled you thus largely those consegnences, which, in the course of in this cause, io answer to my learned friend's ibings, are likely to follow; the more he dreads arguments, and I bope my endeavours will and apprehends, and wishes to avert them, not be needless ; for, you are the constituthe more freely will be name them, because tional judges of ihe question. You have the that is the means often to prevent them; and paper before you. If you see upon examinathe author may say, I fear, in course of time, tion of this paper, that ihere are none of those they may happen, and he may point out the seditious designs, nothing of that tendency, means by which they may be averted. The nothing that conveys a proof of such a malefears, and not the menace of the writer is con- volent disposition, either in the writer or the yeyed to the crown. Then, gentlemen, I sub- defendant, which is charged in the information, mit to you, upon a full consideration of the I am persuaded you will do your duty, and paper before you, there are no retlections upon will, by an explicit verdict, not io be misundere the person of the king; but the measures of stood, declare the defendant not guilty. I trust government are canvassed with that freedom, I you will, gentlemen, and, for that reason, I hope I shall always see them treated with in don't trouble you with comments upon the tbis kingdom. I hope I sball never see them evidence produced before you. It is left to meet with any discouragement from juries, to you, wheiber you will say, a citizen of Londoa say the person of the king is surrounded with shall, for any paper publisbed in such a way, evil counsellors; upon an examination of it, if be so far affected with the contents and knowthat should be tbe case, and they should meet ledge of it, that be should be said to hare with discouragement, it is shutting their formed horrible and seditious machinations mouths to any enquiry at all, and they must against the king and the subjects of this counrest contented at every act that is done by the try. Gentlemen, I shall not trouble you with king's servants, though that is virtually a dis- any more questions of this sort, because I continction in law from the king. We do not ceive the defendant to be safe in your bands. I consider that it is the king makes war or peace, have taken the liberty to submit that to you, and you will seriously consider upon what you Crown-office was restrained from preferring any are to decide. You will consider whether be is information, without leave of the court, some guilty in the manner, form, and charge in this in- bow or other, this power remained in the Atformation, and whether he is guilty in every part, torney General. Gentlemen, if this libel be which must be added to make up the whole of so clear and so notorious, why was it not left this charge. And, if you say he is guilty, you in the ordinary mode of indictment, and why in your own consciences, pronounce him guilty not left to a grand jury, to pass their sentiof every particular, specified offence. If you, ments upon it? why was not the Court moved, upon the other hand, should not suffer the de- whether the matter might have been heard, fendant to be non-suited upon the paper before that it might be determined in some measure, you, and that you will give an example which on its first appearance? The leave of the Court one day or another will do honour to the names would have been obtained, if they had seen of the jury, and the nation will derive that be proper ground; an answer would' bave been Defit which it bas always derived from a jury, given by affidavit, and by that an opportunity and I hope it ever will; I am persuaded you of exculpation; but it comes in that naked will not disapprove of that freedom which is state of ii, in the information of that arbitrary made use of in that paper, when you see there creature, the Attorney General, who has the is no intention of doing ill in it, which must be power to exhibit, in the way and manner that left to the wisdom and integrity of those gentle ihe luxuriance of his fancy, and the intempermen, who are now the great judges of that, and Iance of his zeal may suggest. Gentlemen, trust I have nothing to fear in the behalf of my you will take it, divested of all that circle client.
of epithets with which it is surrounderl, and
clear it from all that imputation of office. I Mr. Davenport. Please your lordship, and will now, gentlemen, consider the nature of you gentlemen of the jury, I am of counsel this question that comes before you, and the sikewise for the defendant; and, after so very full and the absolute power wbich you have able a speech, by my learned leader, I should over it; for no power in this kingdon bas the have sat down very contented indeed, if I bad least control over you ; nor have they the thought what the learned gentleman had said least power entrusted to them of deciding upon upon the other side, deserved to pass without the subject, but what you refer to them: it is notice. But it has alarmed me; and I will in your bands, and it is solely there. Gentlegive you the reason, why I think it ought not men, the learned gentleman, taking, as I said to pass in silence. The gentleman, when he before, the broken parts of sentences, has, first opened it, took it for granted it was a libel, in my mind, introduced more real reviling which he presumed, without asserting the guilt. agaiost the sacred character of that person, It was a charge he would have thrown upon whom he supposes here to be introduced, than others, but it was a measure he himself adopted; from any part of the pamphlet it is possible to and, I did expect from his ability, and from the collect. You will observe, that in the very first situation he fills, that you would have had a opening of the writing, the writer states as clear line of precision drawn, without a possi- a maxim of this constitution, and it is the hapbility of error, where the libel began, and piness of it, that the king can do no wrong. where it stopped. He has not ventured into a He says, that he will separate the private particular explanation of the whole of what be virtues of the man, from the vices of his calls the libel : he has commented, indeed, and governinent; the amiable prince, from the in a way, of which I shall take notice bye- folly and treachery of his servants; that, inand-bye to you, upon broken, disjointed mem- stead of friends, persons in that situation, are bers of sentences, without reading the fair and too liable to meet with the imputation of faopen sentence to you. Is there any book, either vourites. It is in that manner he introduces in sacred or profane history, that would ad. that very abuse that is supposed to be thrown mit of such a tearing and dismembering as that upon his majesty. Gentlemen, you cannot be has been, without leaving the book absurd, and ignorant, how many controversial pamphlets possibly criminal. Gentlemen, I will now state and papers of every sort, of Juniuses and Antito you the manner in which this prosecution Juniuses, there have been published, by every comes before you ; because I shall
, by that, man who thought he had a right; and, I hope, wipe off from your minds any impression, if you will be of opinion, every man has a right possible any could have been made, of a sup- to sobmit his doubts to the public, provided be position that this information has gone through confines himself to a free, open, public, and any consideration, much less received the able discussion of those grievances, which, we sanction of any one person, or any court, but conceive, scarcely affects the mere imaginacomes merely from the haud of híın who has | tion, without a ground; and this author must, taken the liberty to bring it before yon. Gen- must sensibly have felt it, as, I think, is manitlemen, the power of exhibiting these informia- fest from the strength and energy with which tions has fatally enough been left in the At. the paper itself is couched. Geotlem, you torney General: it is a claim of office, and he will find, through the whole of this pamphlet, uses it now. When the court of Star Cham. the maxims with which he sets out. I presume ber was abolished; when the licenser of the you will see, that the minister has found himself, press was taken away; wben the master of the with all his tribe of writers, unable to defend
himself, and to refute it; and so has bad recourse There was no proof, only presumption, for sayto the only instrument which is left in the ing it came from their hands. It was such a hands of the Attorney General, the power of petition, arraigning the conduct, and explaining preferriog an information, in order to involve, ibe evil tendency of the proclamation, that it in criminal guilt, the author of this paper, was by an honest jury thought a fair, a legal, whom be found he could not refute by all his and a constitutional petition; and they found, as vain attempts. Gentlemen, it has been the ob- they had a right to do, their reverend lordships servation of all ages, that when a hot, a weak, not guilty, after a long deliberation ; - and I and inexperienced minister happens to be at shall sit down in perfect hopes and confidence tacked, his constant refuge is under the you will find this defendant not guilty also. wing of majesty; and that he screens himself behind thai throne, which, he is in hopes, Sol. Gen.* Please your lordship, and you the subject dares not approach; and, you will gentlemen of the jury, i hope you will give me find, that the calm, the able and experienced leave to say a word or two upon this defence statesman, treats the attacks upon his measures, that has been made. There have been some or upon his character, with the contempt it de- motions of blame upon my conduct, which has serves, if it be true. Gentlemen, whether the been for some purposes so drawn into the ques. subjects of this paper be or be not true, I tion, that if I, in ihe situation in which I bave will observe to you, ihat the drawer of the in- stood, should remain silent upon that subject, I formation, that the exbibitor of it to you, the should be thought perhaps as well to betray Attorney General, bas not pretended, in any myself in the business, as the principles of law part of it, to say it is false; that you will find, upon which I stand in this prosecution, thougla through the whole tenor of this information. I do not think it of exceeding great conseWhy then, gentlemen, if this be the nature of quence to the issue of this cause, whether those the question, and if you have the power over principles be actually settled one way or the it, it is for you, and you only, to determine, other, because there are no points of law upon whether this paper deserves all the branding this subject, that in my mind require particular epithets with which it is loaded; whether the strength of argument or great abstruseness of substantial allegations drawn from it are true; reasoning, in order to come at tbem. They lie which, upon your oaths, you must find, if you open and upon a level to common understandfind the defendant guilty-that he has at- ing, to that obvious moral observation of all tempted to draw the subjects from their sove- mankind, do no wrong to another; but you are reign, and to excite them to an unnatural insur- desired to understand, the justice of this cause rection against their prince: that is, not by has been, in fact, entangled in the former; and words of course, not by adjectives, but it is in that it is necessary for you to go through all substantives, to be found upon oath by you, that is called the inducement of the informaif you are of opinion he is guilty. I should tion; to find the party guilty according to the not stand up for or support a traitorous pur- extent of every epithet : where is that law to be pose; but, it is not expected of his majesty, to found? defend the weak and misguided minister, whose Serj. Glynn. I must beg leave to interrupt conduct is his own, with regard to the public; you, it was the substantial proofs, not of the and, whenever that is sullied, he is liable to be epithets. told of his faults. And if you should be of Sol. Gen. It is a matter of no kind of conse opinion, that this is a free and bold discussion quence to this business, whether the gentlemen of the measures of a misguided minister, and spoke it expressly in the extent I really underthat this was an information, which the author stood them to speak, or whether they left it to of the paper meant to convey to those who had be collected and inferred to extend farther by power, be it lodged where it may, and might construction, than they really ventured ; that possibly correct the errors of a misguided leader, is of no consequence to tbis business. AN I and inform a conscientious good king of it; meant was to introduce that idea. I should then you will view it in the way, which I be. have taken the freedom to state, as a proposifore gave reason for, and I hope, find a ver- tion of law; that is to say, the substantial alledict for the defendant of Not Guilty. It has gations ; let it be worded by epithet, or not, been always the language, the king him the accasation is of the part the defendant has self cannot be affected ; that no man raises a published in writing or printing, concerning the personal invective against bim; that attempt, 1 character and person of another, which is inbelieve, was hardly ever made, and yet you jurious to his person and character ; and that will find, 1 dare say, from your memory of bis- the offence is considerably enhanced, when tory, there have been instances, where several applied to the person of magistrates, and parapplications have been made to the throue, face ticularly to the highest magistrates whatsoever. to face, by the parties themselves; as was the That is the ground which I go upon; and case of the learned Bishops* who presented a petition the king, arraigning the conduct so * Concerning the right in crown prosecufar of those that advised, and they expressed tions to a reply on the part of the crown though the evil tendency of a proclamation of bis own. no witness have been examined on the other
side, see Mr. Horne's Case, p. 651 of this * See vol. 19, p. 183.