some such weighty reason, forthwith agree blindfold, or else go to holding up of hands, or telling of noses, and so the major vote, carries away captive both the reason, and the conscience, of the rest: thus trifling with sacred oaths, and putting men's lives, liberties, and properties (as it were) to the hap-hazard of cross or pile. This practice, or something of the like kind, is said to be too customary amongst some Jurors, which occasions such their extraordinary dispatch of the weightiest, or most intricate, matters: but there will come a time when they shall be called to a severe account for their haste, and negligence; therefore have a care of such fellow-jurors. full as well as my lord Sidmouth does, and I care as little about commerce as any man that ever breathed; but, without the most flagrant, the most base, injustice, can I quietly see laws that compel the West India Planter to buy his wool and flax of me, and, at the same time, call for laws to prevent the produce of his farm from having a fair competition with that of mine? -It is said, that we ought to think of home first. And do not these gentlemen think of home when they are selling their wool and their flax to the West Indians? Is not that thinking of home? Will they agree to let the West Indians get their woollens and linens from America or France or any where else? Will they do that? No. Is it not, then, to discover a want of sense or a want of shame, to pretend that the Planters in those colonies are not entitled to the same market as them-selves see no just reason for it; yea, oftselves as an out-let for their produce? There is, indeed, through the whole of this opposition to the proposed measure such a mixture, such a confused mass, of greediness and of ignorance, that, really, one is almost ashamed to lift the pen against it, and yet I could not suffer it to pass wholly unnoticed. WM. COBBETT. State Prison, Newgate, Tuesday, March 26, 1811. THE ENGLISHMAN'S RIGHT: (Concluded from page 736.) 3. Such a slavish fear attends many. Jurors, that let but the court direct to find guilty, or not guilty, though they them times though their own opinions are contrary, and their consciences tell them it ought to go otherwise; yet, right, or wrong, accordingly they will bring in their verdict; and therefore, many of them never regard seriously the course, and force, of the evidence; what and how, it was delivered, more, or less, to prove the indictment; &c. but as the court sums it up, they find; as if Jurors were appointed for no other purpose but to echo back, what the bench would have done. Such a base temper is to be avoided, as you would escape being forsworn, even though your verdict should be right; for since you do not know it so to be, by your own judgment, or understanding, you have abused your oath, and hazarded your own soul, as well as your neighbour's life, liberty, or property; because you blindly depend on the opinion, or perhaps passion of others, when you were sworn, well, and truly, to try them yourselves. Such an implicit faith is near of kin to that of Rome in religion, and at least, in the next degree as dangerous.* 2. It is frequent, that when Juries are withdrawn, that they may consult of their verdict, they soon forget that solemn oath they took, and that mighty charge of the life and liberty of men, and their estates whereof then they are made judges; and that, on their breath not only the fortunes of the particular party, but perhaps the preservation, or ruin, of several numerous families does solely depend: Now I say without due consideration of all this; nay sometimes without one serious thought, or *Though Judges are likely to be more consulted reason, offered pro or con, pre-able than Jurymen, yet Jurymen are likely sently the foreman, or one, or two, that to be more honest than judges; especially call themselves antient Jurymen (though in all cases where the power of the prein truth they never knew what belongs to rogative, or the rights of the people, are the place more than a common school- in dispute. Our rights, therefore, both as boy,) rashly deliver their opinions; and individuals and as a people, are more all the rest, in respect to their supposed likely to be secure, while Juries follow gravity, and experience, or because they the result of their own opinion; for less have the biggest estates, or to avoid the danger will arise from the mistakes of trouble of disputing the point, or to pre- Jurymen, than from the corruption of vent the spoiling of dinner by delay, or Judges. Besides, improper verdicts will 4. There are some that make a trade of being Jurymen; that seek for the office; use means to be constantly continued in it; will not give a disobliging verdict, lest they should be discharged, and serve no more: these standing Jurors have certainly some ill game to play. There are others that hope to signalize themselves, to get a better trade, or some preferment by serving a turn. There are others that have particular piques, and a humour of revenge against such, or such, parties if a man be but miscalled by some odious name, or said to be of an exploded faction-straight they cry, hang him, find him guilty, no punishment can be too bad for such a fellow; in such a case they think it merit to stretch an evidence on the tenter hooks, and strain a point of law, because they fancy it makes for the interest of the government; as if injustice or oppression could in any case be for the true interest of government, when in truth nothing more weakens or destroys it. But this was an old stratagem, if thou suffer this man to escape, thou shalt not be Casar's friend' when Casar was so far from either needing, or thanking them for, any such base services, that, had be but truly understood them, he would severely have punished their partiality and tyranny. All these, and the like, pestilent biasses, are to be avoided, and abominated, by every honest Juryman, But now as to the positive qualifications requisite. i. You that are Jurymen should first of all, seriously regard the weight and importance, of the office; your own souls, other men's lives, liberties, estates, all that in this world are dear to them, are at stake, and in your hands; therefore, consider things well before-hand, and come substantially furnished, and provided, with sound, and well-grounded, consciences, Observe well the record, indictment, or information that is read, and the several parts thereof, both as to the matter, manner, and form. 3. Take due notice of, and pay regard to, the evidence offered for proof of the indictment, and each part of, as well to manner and form, as matter and if you suspect any subornation, foul practice, or tampering hath been with the witnesses, or that they have any malice or sinister design; have a special regard to the circumstances, or incoherences, of their tales, and endeavour, by apt questions, to sift out the truth, or discover the villainy. And, for your better satisfaction, endeavour to write down the evidence, or the heads thereof, that you may, the better, recall it to memory. 4. Take notice of the nature of the crime charged, and what law the prosecution is grounded upon, and distinguish the supposed criminal fact, which is proved, from the aggravating circumstances, which are not proved. 5. Remember that in Juries there is no plurality of voices to be allowed; seven cannot over-rule, or, by virtue of majority, conclude five; no, nor eleven one. But as the verdict is given in the name of all the twelve, or else it is void; so every one of them must be actually agreeing, and satisfied in his particular understanding, and conscience, of the truth, and righteousness, of such verdict, or else he is forsworn. And, therefore, if one man differ in opinion from his fellows, they must be kept together; till either they, by strength of reason, or argument, can satisfy him, or he convince them. For he is not to be hectored, much less punished, by the court into a compliance: for as the lord chief justice Vaughan says well,* ‹ if a man differ in judgment from his fellows, whereby they are kept a day, and a night, though his dissent may not in truth be so reasonable as the opinion of the rest that agree, yet, if his judgment be not satisfied, one disagreeing can be no more criminal, than four, or five, disagreeing with the 'rest.' Upon which occasion the said with clear minds, free from malice, fear, hope, or favour; lest instead of judging others, thou shouldest work thy own condemnation, and stand in the sight of God, the Creator, and Judge of all men, no better than a murtherer or perjured male-author recites a remarkable case out of an factor. ancient law book: A Juror would not agree with his fellows for two days, and being demanded by the judges, if he would agree, said he would first die in prison; whereupon he was committed, and the verdict taken; but upon better | advice; the verdict of the eleven was * quashed, and the Juror discharged without fine; and the justices said "the way "was to carry them in carts" (this is to be understood at assizes, where the Judges cannot stay, but must remove in such a time to another county)" until they agreed, "and NOT BY FINING THEM." And as the judges erred in taking the verdict of eleven, so they did in imprisoning the twelfth. And therefore, you see, on second thoughts released him. 6. Endeavour, as much as your circumstances will permit, at your spare hours to read and understand, the fundamental laws of the country; such as Magna Charta, the Petition of Right, the late excellent act for Habeas Corpus's, Horn's Mirror of Justices, Sir Edw. Coke in his 2nd, 3rd, and 4th Parts of the Institutes of the Law of England, and Judge Vaughan's Reports. These are books fre'quent to be had, and of excellent use to inform any reader, of competent apprehension, of the true liberties, and privileges, which every Englishman is justly entitled uuto, and estated in, by his birthright; as also the nature of crimes, and the punishments severally, and respectively inflicted on them by law; the office, and duties, of Judges, Juries, and all officers, and ministers of justice, &c. which are highly necessary for every juryman, in some competent measure, to know for the law of England hath not placed trials by Juries, to stand between men, and death or destruction, to so little purpose, as to pronounce men guilty, without regard to the nature of the offence, or to what is to be inflicted thereupon. : secuted under that name; yet the Jury not thinking that in pronouncing him guilty, they had upon their oath pronounced him guilty of treason, and to die as a traitor; but supposing that they bad only declared him guilty of making the book; hereupon they brought him in guilty: but when, after the Judges sentence of death against him, which they never in the least intended, they found what they had done; they were con founded in themselves, and would have done any thing in the world to have revoked that unwary pernicious verdict, when, alas! it was too late. Dr. Fuller has this witty note on this gentleman's conviction, that it was conceived rigorous in the greatest, which at best (saith he) is cruel in the least degree.' And it seems so queen Elizabeth thought it, for she suspended execution, and he died naturally. But his story survives, to warn all succeeding Jurymen, to endeavour better to understand what it is they do, and what the consequences thereof will be. 7. As there is nothing I have said intended to encourage you to partiality, or tempt any juryman to a connivance at sin, and malefactors, whereby those pests of society should avoid being brought to condign punishment, and so the law cease to be a terror to evil doers, which were in him an horrible perjury, and indeed a foolish pity, or crudelis misericordia, a cruel mercy (for he is highly injurious to the good, that absolves the bad, when real crimes are proved against them :) so I must take leave to say, that in cases where the matter is dubious, both lawyers, and divines, prescribe rather favour, than riFor want of duly understanding, and gour. An eminent and learned judge* of considering these things, Juries many our own, has in this advice and wish gone times plunge themselves into lamentable before me: Mallam reverá viginti facinoperplexities; as it befel the jury who rosos mortem pietate evadere, quam justum were the triers of Mr. Udal, a minister unum injuste condemnari. I verily, saith who in the 32d of queen Eliz. was indict-he, had rather twenty evil-doers should ed, and arraigned, at Croydon in Surry,* escape death through tenderness, or pity, for high-treason, for defaming the queen, than that one innocent man should be and her government, in a certain book, in-unjustly condemned.' titled, A Demonstration of the Discipline, &c.' And though there was no direct, but a scambling shadow of proof; and though the book, duly considered, contained no matter of treason, but certain words which by a forced construction were laid to tend to the defamation of the government, and so the thing [was] pro *See State Trials, fol, vol. 1. p. 161. I shall conclude with that excellent advice of my lord Coke,† which he generally addresses to all Judges, but may no less properly be applied to Jurors: Fear not to do right to all, and to deliver your verdicts justly according to the * Fortesque, cap. 27. + In the Epilogue of his 4th part of Institutes. laws; for fear is nothing but a betraying of the succours that reason should afford: and if you shall sincerely execute justice, be assured of three things: 1. Though some may malign you, yet God will give you his blessing. 2. That though thereby you may of fend great men, and favourites, yet you shall have the favourable kindness of the Aknighty, and be his favourites. And lastly, That in so doing, against all scandalous complaints, and pragmatical devices, against you, God will defend you as with a shield. For thou, Lord, wilt give a blessing unto the righteous, and with thy favourable kindness wilt 'thou defend him as with a shield.' Psalm V. 15. OFFICIAL PAPERS. * Admiralty-Office, March 25. Captain Carrol arrived at this Office last night with dispatches from Sir Richard Goodwin Keats, K. B. Rear-Admiral of the Red, addressed to John Wilson Croker, Esq. of which the following are copies : Milford, Cadiz Bay, March 7, 1811. Sir;-I have the honour to enclose, for the information of the Lords Commissioners of the Admiralty, copies of my dispatches to Admiral Sir Charles Cotton, Bart. sent embarked either in his Majesty's ships named in the margin,* in such transports as I could avail myself of, or in Spanish men of war, and small transports of our ally; and the whole, together with a numerous fleet of Spanish transports, in which a body of seven thousand troops of that nation are embarked, are waiting in this bay a favourable opportunity to proceed into the Straits, with a view to force a landing between Cape Trafalgar and Cape de Plata, at Tariffà, or at Algesirès, in failure of the two former places. General Lapena is the Commander in Chief of this expedition; and as the object is to unite the Spanish forces at Saint Roche with the troops sent from hence, with a view to make a combined attack on the rear of the enemy's line before Cadiz ; at the same time some demonstrations, and an attempt to open a communication with our troops, are to be made from this quarter, which is thought to require my particular attention; I have therefore placed the execution of the British naval part of the expedition under the able command of Captain Brace of the Saint Albans. (Signed) R. G. KEATS. Milford, Bay of Cadiz, Feb. 28, 1811. Sir; I have the honour, in further reference to my letter No. 20, of the 20th instant, to inform you, that it being determined to let the troops of the expedition proceed by the earliest opportunity; and of the weather, that the Spanish part would it being conceived, from the appearance be able to get out on the afternoon and night of the 21st, the British naval part, under Captain Brace, put to sea accordingly, and with the exception of one transport, got into the Straits; but it be ing impracticable to make a landing either in the vicinity of Cape Trafalgar or Tariffa, Captain Brace proceeded to Al of the 20th and 28th of February, and 7th of March. (Signed) R. G. KEATS. Milford, Bay of Cadiz, 20th Feb. 1811. Sir;-An Expedition having been determined upon by the Spanish Government, to which Lieutenant-General Graham has consented to give his personal as-gesiras, where General Graham and the sistance, together with that of a considerable portion of the troops under his command, I have felt it my duty, after fully stating in Council the uncertainty and risk to which, at this season of the year, all measures connected with naval operations on the coast are subject, to lend the expedition all the aid and assistance in my power; and a body of troops, exceeding three thousand, including cavalry, various military stores and provisions, are at pre *The Supplement appearing to lead to a more clear understanding of the Gazette, is here placed first. troops were landed and marched to Tariffa, to which place (the roads being impracticable for carriages,) the artillery, provisions, stores, &c. owing, as the General is pleased to express, to the extraordinary exertions of the navy, were conveyed in boats, notwithstanding the unfavourable state of winds and weather. The Spanish part of the expedition, though it twice attempted to get out, was driven back to this bay; and it was the 27th, before it was enabled to reach Tariffa. * St. Albans, Druid, Comus, Sabine, Tuscan, Ephira, Steady, and Rebuff. Milford, Bay of Cadiz, March 7. Sir;-I have the honour to inform you, that the combined English and Spanish army, under their respective commanders, General La Pena and Lieutenant-General Graham, moved from Tariffa on the 28th ultimo towards Barbate, attended by such naval means as circumstances of weather would permit. Preparations were made by me and our ally, and acted upon, to menace the Trocadero and other points, in order as the army advanced to favour its operations; and arrangements were made for a landing, and real or feigned attacks as circumstances might determine; and to this end the regiment of Toledo was embarked on board his Majesty's ships in the Bay. On the 1st instant General Zayas pushed across the Santi Petri, near the coast, a strong body of Spanish troops, threw a bridge across the river, and formed a tête-du-pont. This post was attacked on the nights of the 3rd and 4th with vigour by the enemy, and though he was eventually repulsed, the loss was very considerable on the part of our ally on the 3d. As the weather, from the earliest preparation for the expedition, had been such as to prevent the possibility of landing on the coast or bay, even without great risk, and with no prospect of being able to re-embark, should such a measure become necessary; the apprehension of having a force, which, with such prospects, I could scarcely expect actively to employ, when its services might be positively useful elsewhere, in defending the tête-du-pont, or in opening a communication with the army from the Isle de Leon, induced me to state my sentiments on the subject, and the regiment of Toledo was in consequence disembarked. The sea on the coast having considerably impeded our communications, we were still uncertain whether the advance of the army would be by Medina or Conil, and of its precise situation, until the 5th, when at eleven a. m. I was informed by telegraph, from the Isle de Leon, that it was seen advancing from the southward near the coast. But though the Implacable and Standard weighed, the pilots refused to take them to their appointed stations; and in the opinion of the best informed, the weather was of too threatening a cast to venture a landing; and which, as the army was engaged by noon, according to the telegraph, would not have favoured its operations.-Under such circumstances our measures were necessarily confined to feints, whilst that of the British troops, led by their gallant and able Commander, forgetting on the sight of the enemy their own fatigue and privations, and regardless of advantage in the numbers and situation of the enemy, gained, by its determined valour, (though not without considerable loss), a victory uneclipsed by any of the brave achievements of the British armies. I have the honour to be, &c. R. G. KEATS. Admiral Sir Charles Cotton, Bart. &c. His Majesty's ship Milford, Bay of Cadiz, March 7. SIR, I have the honour to inform you, that the wind having come off the land, and the sea much abated, two landings were effected, by way of diversion, yesterday morning between Rota, and Catalina, and between that and Santa Maria's, with the Royal Marines, commanded by Captain English, of the Implacable, two hundred seamen of the squadron, and eighty of the Spanish Marine, one division of which was under the direction of Captain Spranger, of the Warrior, the other under Captain Kittoe, of this ship; at the same time Catalina was bombarded by the Hound and Thunder bombs, and that fort and the batteries on the north and east-side of the Bay were kept in check with much spirit by the gun and mortarboats under the respective commands of Captains Hall and Fellowes. One redoubt of four guns, near Santa Maria's, was stormed by the marines of this ship, led by Captain Fottrell; a second, to the south of the Guadalete, was taken by Captain Fellowes's division of the Flotilla: the guns of all the sea-defences, together with the small fort of Puntilla, from Rota (which the enemy evacuated) to Santa Maria's, with the exception of Catalina, were spiked and the works dismantled. Preparations were also made to attack the tête-du-pont, and other defences of the bridge of Santa Maria's; but a strong corps of the enemy, consisting of two thousand cavalry and infantry, rapidly advancing on the Road from Port Real, aware that our troops had crossed the Santi Petri into the Isla de Leon, and that the purposes of a diversion had been answered, I ordered the seamen and marines to re-embark, and the boats (which got on board with difficulty) had not put off many minutes before the enemy arrived on the spot.-The enemy had one Officer and several soldiers killed and wounded, and an Officer and thirty prisoners were taken in the redoubt that was stormed, the rest |