VOL. XVIII. No. 1.] LONDON, SATURDAY, JULY 14, 1810. [Price 1s. Sir Walter Raleigh wrote his History of the World in a prison; and it was in a prison that Cervantes wrote Don Quixote, TO THE READER. [? German Legion SECONDLY, the Trial took place on Friday, the 15th of June, After having published seventeen vo- 1810, when I was found guilty, by a Spelumes of this Work, embracing the period cial Jury. THIRDLY, on Wednesday, of eight years and a half, during which the 20th, I was compelled to give bail for time I have written with my own hand my appearance in court to receive judgnearly two thousand articles upon various ment, and, as I came up from Botley subjects, without having, except in one (to which place I had returned on the single instance, incurred even the threats evening of the 15th) a Tip-Staff went of the law, I begin the Eighteenth Volume down in order to seize me personally, and in a prison. In this respect, however, I to bring me up to London to give bail.only share the lot of many men, who FOURTHLY, I was brought up to receive have inhabited this very prison before judgment on Thursday the 5th of July, me; nor have I the smallest doubt, that I when, after the Attorney General had shall hereafter be enabled to follow the inade the speech, which I shall notice example of those men. On the triumph-by-and-by, I was sent to the King's Bench ing, the boundless joy, the feasting and shouting, of the Peculators, or Public Robbers, and of all those, whether profligate or hypocritical villains, of whom I have been the scourge, I look with contempt, knowing very well, feeling in my heart, that my situation, even at this time, is infinitely preferable to theirs; and, as to the future, I can reasonably promise myself days of peace and happiness, while continual dread must haunt their guiltying the peace for Seven Years.minds; while every stir, and every sound must make them quake for fear. Their day is yet to come. Prison, and ordered to be brought up again on Monday the 9th of July.FIFTHLY, on this last mentioned day, I was sentenced to be imprisoned in this prison for Two Years, to pay a fine of a Thousand Pounds to the King, and, at the expiration of the Two Years, to give bail myself to the amount of Three Thousand Pounds with two sureties to the amount of One Thousand Pounds each for my keep -The Attorney General was Sir Vicary Gibbs, Hampstead Road Before I renew my usual intercourse with my Readers, and offer to them, as heretofore, my remarks upon political subjects, and subjects connected with politics, I think it necessary to say something, relative to the proceedings in the Court of King's Bench, the end of which proceedings has been my imprisonment here. I is not my intention to publish a full report of the Trial: that would be unnecessary; but on many accounts, it may be useful merely to record the transaction, previously to any remarks upon any part of it. FIRST, then, I was prosecuted by way of Information of the Attorney General, for an article, published in the Political Register of the 1st of July, 1809, respecting the flogging of certain men in the Local Militia, in the town of Ely, and also reSo much for the mere names and dates specting the use made, upon that occasion, belonging to the transaction. Now, as to of a corps of foreign soldiers, called the King's the publication itself; as to the sort of Church Ter. Pancras St. John Street 66 "to the publication of any work or "writing whatever, must know that they "become responsible for all the conse. quences thence arising. He now came "to the case of Mr. Cobbett. The Court "would observe that from him the publi"cation proceeded, and to him, as the "author, all the profits, if any, apper"tained. Whatever of malignity resulted "from the publication, to him was it at"tributable; and whatever there arose "from it of base lucre and gain accrued "to him alone. The Court had heard the "ent from those of the author of it must, "on the reading of it, arise in the mind of every honest man. At the present time, when from the ambition and increased power of our enemy, we were obliged to "maintain a large military force, how necessary was it that a good understanding "should subsist between the military and "the people. How essential was it, that "at such a period, the soldier should "be convinced that no unnecessary hard ship was thrown on him,-that he was "not forced to engage in any disgraceful. "task? How essential that the commu"nity should be satisfied that however "necessary a great military force at "present is for the protection of the prosecution and the manner of conducting it; as to the charge of the Judge; as to the verdict of the Jury; as to the nature and amount of the Sentence: these are all before the public, whose attention to them has been very great, and to the judgment of the public I leave them. But, on the last of the Attorney General's three speeches (for he had three to my one) I cannot refrain from making some observations, and I think myself fully justified in doing this, because I was told, that I could not be permitted to answer him verbally. The speech, to which I here" Libel read, and sentiments widely differallude, was made on Thursday, the 5th of July, when I was called up for judgment; and, that no one may say, that I do not treat even this Attorney General fairly," I will first insert here the whole of his speech, as it stands reported in the Morning Chronicle of the 6th of July, that re-, port being the most correct that I have seen. In the charge of Lord Ellenborough and in the Sentence-Speech of Judge Grose, there were some passages relating to questions appertaining to general and foreign politics and to the profounder departments of political economy. On these I shall hereafter have occasion to offer some observations; but, for the present, I shall confine myself to the Speech of the Attorney General, which is reported country, yet that nothing tyrannical, in the following words :" The ATTOR- "that no force beyond the law, is em"NEY GENERAL agreed in all that had been "ployed in compelling the inhabitants of "said by his Learned Friends, in behalf "this country into the ranks of our armies. "of the three Defendants, for whom they "The situation of the soldiers of this appeared, as to the distinction between I country was more comfortable than at "their guilt and that of Mr. Cobbett, as "any former period; every means that "to whom he should speak by and by. "could be devised to add to their com"They had allowed judgment to go "fort had been adopted. Our armies "against them by default; they had "had by their zeal and valour evinced "never denied that the publication was a "what were the consequences of such li"libel; nor that they themselves, in "beral treatment; and by the glorious "their concern in it, had acted a criminal "exertions they had made in their coun"part. They had not made their defence" try's cause, had made more than an " a vehicle for other calumnies and slan-"ample return for the comforts thus af"ders, almost as bad as the original libel. "forded them. These, he was satisfied, "In all these respects, their case stood "were, and must be, the sentiments of " contradistinguished from that of Mr. "Cobbett. There was also another distinc"tion between their case and that of most "printers and publishers. They had not "employed the author, as some printers" to this, he presumed to think, almost "and publishers did, but the author had "employed them. Yet these Defendants, "and every other person who might "chance to stand in the character of "printer or publisher, must. understand, "that these circumstances could never ex"culpate them. All who lend themselves " 66 every good man in the kingdom. Need "he call on the Court to look back to the "libel, and shew them that the sentiments "there expressed were directly contrary "universal feeling? What was its ten"dency? To encourage the soldiers to impatience, insubordination and dis"gust; to tell them that they were hardly, cruelly, and tyrannically dealt with by their superiors, and thereby to ren"der that duty of obedience which they " " 66 "foreign troops whom we were, in the "present situation of affairs, obliged to. employ, if we suffered them thus to be. "taunted in their own persons, and to be "exposed to unmerited obloquy and dis 66 "owe their superiors disagreeable and "disgusting. To go back to the situation " of matters at the time the libel in ques"tion was written. At that moment, in"stead of lending a ready obedience to "the commands of their officers, a body" grace in the eyes of the public of this. "of Local Militia had in a mutinous man- country? As if this, however, were not "ner surrounded those very officers whom enough, the Defendant, Mr. Cobbett, "it was their duty to obey. The place "goes the length of telling the inha"where the transaction took place, did" bitants of the place where the trans"not afford a force sufficient to quell the "action occurred, that they are base "mutiny, but a reinforcement was called "miscreants for having seen and not "in from the nearest place whence a mi- "having assisted in resisting so infa"litary force could be properly spared, "mous and abominable a chastisement. "and order was restored.-The aggres- "I do not know,' says Mr. Cobbett, in sors, however, were not dealt with as "the libel in question, what sort of a "Buonaparté would have treated his re- "place Ely is; but I really should like "fractory troops. The ring-leaders were "to know how the inhabitants looked "selected and brought before a tribunal "one another in the face whilst this. "where their cases were tried and exa- scene was exhibiting in their town. I "mined, and where, after the fairest in- "should like to have been able to see their "quiry, they were found guilty of muti-"faces, and to hear their observations to "ny, and had an adequate sentence "each other at the time.' What was "passed on them, part of which was "this but upbraiding the inhabitants of "mildly remitted. What was the inter- Ely for sitting quietly by and seeing "pretation, however, which Mr. Cobbett "this punishment inflicted on mutineers gave to this transaction? That it was "who had been regularly tried, con-. "not to be called a mutiny; that it was "victed, and sentenced to receive this a mere squabble between the men and "punishment; and telling them that "the officers for a trifle of money; that they ought to be ashamed to look each. "the men were persons who had just "other in the face, in consequence of their "thrown off their smock frocks to put on "not having assisted in resisting it? Black. "the garb of a soldier, and still continued "as this was, this, however, was not the "so much labourers as to be ignorant of" blackest feature in the present publica"their duty as soldiers, and had become "tion. The author went on to hope that, "so much soldiers as to have lost the in- "after this occurrence at home, we would "clination to labour. What, he asked," be a little more cautious in drawing. "would be the result of mutiny, if libel-" conclusions against Buonaparté, and "lers of this nature were to escape with," that we should no longer hear of the impunity? What, however, was the " conduct of hte smae person to the men "themselves? He taunts and upbraids "them with not having acted like men; " and instructs them, that they ought not "to have submitted to the chastisement "inflicted on them. Not only was this "so, but he held up to contempt and in"dignation the German Legion for having " assisted, when called in, in quelling the "mutiny. He represents them as per"sons who could be of no use in the ge"ral service of the country, whose aid persons who wish to cry him down that could only be useful in quelling dis- "has not at various times cited the "turbances among our native troops, and "hand-cuffings, and other means of force, "that they were employed on this occa- ".said to be used in drawing out the. "sion only because the British troops young men of France,' and who has. "would not have interfered in such a ser- "not cited these as affording a complete "vice, for which the German Legion alone" proof that the people of France hate "were fit. Could we expect zealous and Napoleon and his Government, assist cordial co-operation on the part of the" with reluctance in his wars, and would "cruelty, and of the tyrannical acts of "Buonaparté. By looking back to for-. "mer parts of the publication, the Court "would find that this meant, that the "subjects of Buonaparté were subject to a less severe measure of restraint than "the inhabitants of this country. On this principle, alluding to the means em"ployed or said to be employed by Buo"naparté to get together and discipline. "his conscripts, the publication states "that there is scarcely any one of the " Should" in question had not produced the effects "would be. He had told the Court that 66 "fain see another Revolution.' Should "it be suffered that the lawless libeller "should tell the inhabitants of this coun"try that they were pressed into the "ranks of our army with more severity "than that which was exercised by the iron hand of oppression employed by "the Ruler of France? There was indeed, a degree of delicacy perceptible "in the present publication, but it was delicacy only for the enemies of this "country. The author, after alluding to" by such publications with impunity "the means which Buonaparté employs "in filling up the ranks of his army, cor"rects himself, and represents them not "as acts practised, but said to be prac own impunity. If he were to-day to be "tised, by Buonaparté, in accomplishing "passed by, or to be visited with a light "this object-The means which Napo- "punishment, would not this, to-morrow, "leon employs (or rather which they "be adduced as a precedent in favour of "say he employs) in order to get to- "other libellers? Would they not be en"gether and to discipline his conscripts.' "titled to say, "If I, by libelling, be "And who were these whom he thus "enabled to make a fortune, and to amass "marks out as the they?' whom he thus "wealth, when, in return, I will only have "taunts as with the term of the greatest "to sustain so slight a punishment as that "reproach the loyal?' a term which passed on Mr. Cobbett, will I not cheer"ought to ensure respect and regard, as fully incur the penalty." If the Court "embracing the first duty of subjects in "should now visit Mr. Cobbett with a light "a well regulated state towards their punishment, could they answer for it "Sovereign. This was the character of "that their arm would be strong enough, the libel which the Defendant, Mr. "next year, to check the evil to which "Cobbett, was now called on to answer "he (the Attorney-Generat) contended "for. If this was the character of the "they were called on to give a vital blow "libel, which, he presumed to think, "this day? It now lay in the Court to in"could not be denied, their Lordships "flict on the Defendant, Mr. Cobbett, a "would readily see the tendency of such "just and wholesome punishment, ade"a publication, and they would easily quate to his offence. They had had "estimate what the consequences would before them libellers on the private cha"have been if the publication had pro- "racter of individuals; such they had "duced, the effects which it was calcu- esteemed proper objects of punishment; "lated to have produced. What if the and that the punishment so inflicted. "soldiers had caught the spirit of dissa-," would tend to diminish the frequency "tisfaction and disgust, which was thus "of the offence, if not to prevent it en"suggested for their adoption? What if" tirely. They had had before them those "the flame thus sought to be kindled "even who had been guilty of libelling throughout the whole kingdom had "the administration of justice in the "been lighted up? The consequences country. That was a high offence, be"were too fatal even to be pointed at. "cause it tended to take from the credit It would have gone to break up every "and authority due to the judgments of thing that was estimable in society-it" the Courts of Law, and tended to make "would have gone to the destruction of "civilization and good government in the "country. It might be said by the Defen- chastisement. But, if that offence, great "dant that the publication in question "as it was, were to be compared with. "had no such tendency, aud that these "that now under consideration, it must "effects had not been produced. That it "sink into utter insignificance. The pre"had not the tendency contended for, he "sent libel went to subvert society itself, "(the Attorney General) denied, though" and, whatever might be thought of the "he admitted that, happily, it had not " atrocity of others which had preceded "produced the effects which it was calcu- it, the present was one of a much darker "lated to produce. That the publication" and blacker hue. "and blacker hue. The Court were "them of less effect. Such offences, and "justly too, were visited with a severe would not properly form a subject of complaint, seeing that they are all exercised under the sanction of law. There are Decrees or Senatus Consulta for the forcing of the young men of France to go into the army; yet, the forcing of them so to go has been, and yet is, represented, in this country, as being most abominably tyrannical. I perfectly agree with the Attorney Ge neral, that it is essential, that the community should be satisfied that " nothing ty"rannical is employed in compelling the "inhabitants of this country into the ranks "therefore called on to inflict such a "that no force beyond the law, is employed "punishment as should, at least, make" in compelling the inhabitants of this "men pause before they embarked in "country into the ranks of the army." "libels similar to that published by the I do not understand the meaning of this. "Defendant, Mr. Cobbett. The army, These two phrases are, in my view of "against whom this libel was in a peculiar things, by no means synonymous; because, "manner directed, called on the Court for if they were, the oppressions, which, as "justice against its traducer. The Go- we are told, and, perhaps, truly, the peo"vernment called on them for confirma-ple of France are compelled to undergo, "tion of its legal powers; for what Go"vernment could possibly exist if it were "not protected against such attacks as "these? The country; which looked with "horror on the mischievous tendency "of the libel now under consideration, "called on them for protection against the "numerous evils which the propagation " of such publications were calculated to "engender, going, as they did, to the total "subversion of social order, and to the "existence of this country as a nation. "Being once brought before the Court, they (the Public) knew that they might" of the army;" but, towards the prohave confidence in their protection, and ducing of this desirable effect his state"that they would no longer have occa- ment is not at all likely to contribute; "sion to dread a repetition of such out- and, indeed, unless he had stopped at the rageons insult. He called on the Court, word "tyrannical," and spared the subse"therefore, for judgment on the Defendant. quent definition, he would have done well "He called for justice; and that justice to hold his tongue upon this part of the "he knew would be tempered with mercy, subject, "but he trusted, that the Court would not "forget that mercy was equally due to the public as to the Defendant at the bar." Now, as to the necessity of a great military force in this country, and as to the cause of that necessity; as to the general treatment of the soldiers in this country and their being better treated than at any former period; as to the punishment inflicted upon the Local Militia at Ely; as to the employing of the Germans upon that occasion; as to the use of German Troops in this country at all; as to the people of Ely being able to look one another in the face; as to the manner in which Napoleon would have treated the Local Militia; and as to my delicacy" towards the enemies of my country: these are all matters upon which I shall say nothing at all. They have all been fully discussed; they are all-well understood; there can be, in the mind of no man of common-sense, a mistake with respect to them. There is, indeed, one little sentence, made use of by the Attorney General, respecting the treatment of the Soldiers, which is rather obscure; at least to me it is so. He is stated to have said: "How essential is it that the community "should be satisfied, that nothing tyrannical, There are THREE assertions made by the Attorney General, during this. memorable speech, which assertions materially affect me, and upon which, therefore, I must beg leave to trouble my readers with some observations. The FIRST of these assertions is, that I made my " defence a vehicle for other calumnies and slanders, almost as bad as the original libel." The SECOND, that I wrote the publication in question, and, generally, every thing I wrote, for "base lucre." He does not say this in so many words; but, in speaking of the cases of the other defendants, as contradistinguished from mine, he says, that whatever arose from it (the publication) of "base lucre and gain" accrued to me alone. And then, in another part of his speech, where he is stating the evil consequences, which, in the way of example, will arise from a slight punishment of ine, he asks if other libellers will not, in such case, be entitled to say: If I, by libelling, be enabled to make a fortune, "and to amass wealth, when, in return, I "will only have to sustain so slight a pu "nishment as that passed on Mr. Cobbett, "will I not cheerfully incur the penalty?" -The THIRD assertion is, that the Army called upon the court to punish me. The |