were all of them, principal conspirators in the jesty's service, is found in daily conversation treason, though one of them, Pendercraft, with soldiers of the lowest class, at publicdrew back early, from a detestation of the houses of the meanest resort, in company with intended measure of assassinating the king; the commonest workmen and labourers, yet no and there was no such confirmatory evidence of account is attempted to be given of the reasons persons not concerned in the criminal project, which brought him to these places, or mixed as has been produced upon the present occasion. him in this extraordinary sort of society. What, You have had proof from several persons of it may be asked, led him to the Flying Horse, their meeting at public houses; in one instance, at Newington What to the Oakley Arms? the landlord of the Coach and Horses, in High- What to Tower Hill? What to the Coach street, Whitechapel, who was present, confirms and Horses, at Whitechapel? What induced not only the circumstance of their being at his him to sit down there with such men as Windhouse, but various other particulars related by sor, Winterbottom, the two soldiers, and HerWindsor, as having passed on that occasion; ron? What, to partake with some, and to and which are also further confirmed by the offer to others, the humble fare he sent for upon two soldiers, Campbell and Dean, who were that occasion? What honourable end or puralso present, and invited by the prisoner to par- pose could he aim at promoting by such detake of the bread and cheese he had sent out for. grading intercourse and connexions? If there Windsor and Emblin are most materially con- were any end or purpose which he could safely firmed by the landlady of another public house, avow, it was incumbent upon him to have shewn who overheard those very extraordinary and it in evidence to you, But has he explained in marked expressions of the prisoner respecting evidence, or even attempted to explain in argu his heart being callous, which you cannot have ment, the motive of so extraordinary a conduct. forgot. So that in this case, such of the wit-Have his counsel offered one plausible excuse for nesses as are properly accomplices, have been his presence on these occasions. On the contrary, confirmed in a manner in which they have hardly you are left without the shadow of a reason, apo ever yet been confirmed in other cases. Some logy, or excuse, suggested on his behalf, to reof those who have been called accomplices, are sist the inferences naturally resulting from such a He afnot strictly speaking such. If Windsor entered conduct as his, as well as you can. into this scheme with the original purpose of fords you no assistance on this head, nor in making a timely discovery of the mischief, and any degree enables you to draw a more lenient that he did so, his immediate communication to what they seem to suggest to you. It would have and favourable conclusion from these facts, than Mr.Bownas, the advice he received from him for been matter of great satisfaction to me, to have his conduct in the business, his subsequent vo- been furnished with some matertals of explana luntary communication to Mr. Stafford, his vo- tion to lay before you on the part of the defenluntary appearance at Union Hall the next day, dant, to account for all these apparent untohis uncompelled discoveries appear very strongly ward circumstances, but I am furnished with none. to indicate; upon that supposition, I say, he is The case, as far as I am able to discover, contains not strictly an accomplice. Though the con- none. The only evidence offered on his behalf, cern he had in the business in continuing so is, as to his character, and that is, as applied to long, and mixing so intimately, and fowarding the particular point of time which it respects, as with so much apparent good will and alacrity, human being. Here his lordship stated the high and unexceptionable as can be given of any the objects of the conspiracy, certainly exhibit evidence which had been given in favour of Co!. Deshim to you as a person of no very delicate cha-pard's character. Now, Gentlemen, this is the racter and feelings; and if the testimony he whole of the evidence, on the one side and the gives had been materially confirmd, as it has other; the first thing necessary to be seen and been, and if his general credibility as a witness attended to is, that there has been an overt-act upon oath, had also been impeached with ef- of some one of the treasons charged in the infect, I should certainly have advised you to pause dictment proved by some one witness to have upon the testimony of this witness, and to been committed within the local limits of this think well of the degree of credit you ought to county. The next is, that there be two witnesses give it, before you believed it. Emblin receives, to the same over-act, or one witness to one, you will recollect, confirmation from Mrs. Plow- and another witness to another overt-act of the man, as to the meetings at her house on the same species of treason. Now the meetings and 12th of Nov. and the memorable language used transactions which passed there, if the witnesses consultations at these several places, and the by Col. Despard there, as well as Windsor does; to them are believed, are all spoken to by more and Emblin is neither contradicted or discre-than two witnesses, so that the competence and dited in this, or any other part of his story. If then a treasonable conspiracy for the imputed purposes existed at all, and it is admitted that it did, who is the traitor if the prisoner be not the person. He is found in a society, which, from his former situation in life, his former character and habits, seems to have been most unfit for him, and ought certainly to have been most distasteful to him. An officer, heretofore, of considerable rank and command in his ma

sufficiency of the proof to bring the case in point of locality of crime, and the number of witnesses necessary to proof it according to the requisition of the statute, are perfectly satisfied. The only remaining question for your consideration is, whether you believe the evidence of Emblin, of Francis *, of Blades, and of Windsor, all or which

Francis, in the course of his testimony states that on a certain day, conversing with Despard concerning the taking of the Tower, Despard

conduct which is now before us. If you bef ́eve all the witnesses to be generally unworthy of credit, or it in the particular facts sworn to by them you cannot bring yourselves to believe Windsor and Emblin, Francis and Blades, notwithstanding the confirmation they have all received from so many various sources, then this person ought to be exempted from the conse quences of the charge made upon him; but if you do believe them, I am afraid in that case, that as there is no doubt upon any question of law, so neither will there be much room for doubt upon any of the questions of fact, which are now fully left to you, for your consideration. The jury withdrew and returned in about 25

ed the prisoner to mercy, on account of the
high testimonials of former good character and
eminent services.

KING'S BENCH.-THE KING V. PELTIER.-Feb. 21.
This was a prosecution brought by the Attorney-Gene

of them, as to any one of these meetings, conversations, or actings impated by them to the prisoner at the bar. If you believe Windsor and Emblin, the guilt is made out beyond a possibility of question; if you have any hesitation about believing them, look at the confirmation which attends them First, where is this person actually taken? He is taken at the very place, and in company with the very persons, at which and with whom, according to the account of these witnesses, he is in the habit of meeting, conversing, and consulting for these purposes; the men found with him are taken with this very furniture and apparatus of mischief about them, of which we have heard so much, I mean the printed copies of these abominable oaths; he is appre-minutes with a verdict of Guilty, but recommendhended almost in the act and attitude of command, and the rest who where present in the act of obeying him. You recollect that when the officers came in he advises the company to go out of the room one and all; that he marches towards the door, and they all rise and follow him. In addition to these circumstances, you find those various circumstances of confirmation scatteredral upon information against the Defendant for a libel on through the evidence upon which I have observed already; in the instance of Windsor, you find that he, on the 12th of Nov. is introduced by Broughton to Col. Despard, at the Flying Horse, Newington; this meeting of these parties, and the circumstances attending it, are also proved by the landlady. The prisoner desires Windsor to meet him at the Tower, on Monday, the 15th of Nov.; he meets him, he goes to the Two Bes, at Whitechapel; this stands only on the evidence of Windsor himself, but as to the meeting on that day, and about the same time at the Coach and Horses, Whitechapel, he is confirmed by Walker, the landlord, and by Campbell and Dean, the soldiers, who are all totally unconnected with the conspiracy, and are perfectly indifferent witBesses; and they confirm Windsor substantially, and with no very material difference, as to all such facts and circumstances as happened there under their immediate notice and observation, so that if be is believed there is an end of the question, for then he, with any one of these other indifferent witnesses, constitute two witnesses to an overt-act of treason; if Emblin and Windsor are believed, there is a fortiori and end of the question, and the Law, which requires two witnesses, either one to one overt act and another to another overt-act of the same species of treason, or two witnesses to the same overc-act, will have been most abun-ment; if I did not take the liberty to remind dantly satisfied. It will be for you to say what credit you give to the testimony of these witnesses, taking at the same time into your consideration the character that has been given of tire prisoner, which if it had been given by the witnesses with full means of knowledge of all that belonged to it, down to a much later period of time, so as to be considered as exhibiting the continued and actual habits of life and conduct of this gentleLan, he would have stood before you most strongly supported indeed against any imputation of disloyalty that could have been cast upon him. Whether any malignant change of disposition has been fatally wrought in him since the termination of his acquaintance with the noble lord and sir Alured Clarke, we know not; we

can only look to the plain evidence of external acts, to the uncontradicted history of his recent said

that nothing could be done that day, because he expected money and news from France."

Buonaparte. For more particular information respecting ferred to in the Index. The cause was opened by this curious trial, see different parts of the Register, rethe Attorney General, who, after some introductory observations proceeded as follows. For what brings me here now before you is this: I proseCute this publication as a libel, because, I say, it has a tendency to endanger the security, the tranquillity, and the peace of the country; that is the charge that brings me here; that is the charge that brings the defendant here. And, gentlemen, if I am right in stating, that the charge will be supported by this information; and if you should go along with me in thinking the defendant guilty of that charge, when the question shall come for consideration, what the punishment shall be on the person who is found guilty; if it should occur to my learned friend, from the instructions of his client, that the legal proceedings of the first Court of Justice in this country shall be made the vehicle of s'ander, shall be made the means of aggravating that offence, and giving greater weight and extension to the libel i prosecute, I think I should ill discharge my duty to the Public, that I should ill discharge my duty to the honour and the character of the English adminis tration of law, if I did not press it to the consi. deration of the Court in inflicting that punish

them, that they should take care, that where the proceedings of a court of justice were made the vehicle of that mischief they were intended to repress, the punishment inflicted should mark, not only to France, but to all the nations of Europe, and to the world, that a British Court of Justice will not, with impunity, allow its proceedings to become the means of such extended defa

mation.

*This is not the prosecution of a publication, which may be laying before the world an historical narration of events which may have taken place in a neighbouring country, where those events may, or may not, be accompanied with circumstances, with just reflections on the conduct and characters of the persons who may have been the actors in the different bring to punishment the author of a narration of scenes. This is not a prosecution meaning to historical truth, which should not be complained of when written in the spirit of history, though it may give pain to others, if it be written with aa

honest zeal, though even with some degree of
freedom approaching to licentiousness. Nor is
it a prosecution for a piece of Rippancy, of inso-
lence or impudence on those who are the objects
of it, and on which account it might be treated
with contempt. But it is the case of a prosecu-
tion bringing into notice a publication, which, as
it seems to me, must be considered originally, and
from the first, as a libel and defamation, that has
defamation for its sole object, or at least for its
best object, and its general object. The farther
object of it, I think I shall satisfy you, is to excite |
the subjects of that magistrate whom our country
recognizes, and with whom our country is at
peace, to excite the subjects of that country to
rebel against their chief magistrate, de facto, and
farther to excite them to his assassination and to
his murder. That being the general object and
character, which I ascribe to the publication I
prosecute, I have to state to you, more particular-
ly, that it is charged by this prosecution as hav-tion, in time of peace, is not a very high off nce?
ing been published with the intention of traduc-
ing and detaming Napoleon Buonaparté; who is
stated, as he is known to be, the First Consul and
Chief Magistrate of France; between whom and
this country, at the time of the publication, there
was, and continues to be, peace and amity. That
it was published with the intention of bringing
him into hatred and contempt, not only with the
subjects of this country, but with the subjects of
his own; and for the purpose of exciting the sub-
jects of that country to rebel against him, and to
remove him from the situation of power, which
he held; and farther, that it was published with
the intention of exciting to his assassination and
his death, and likewise with the intention of dis-
turbing and interrupting that peace which exists
between that country and this. With this inten-
tion it is charged to have been published; with
this tendency it is characterized as having been |
published. Having stated the outlines and na-
ture of this case as to the state of the question on
the law, I do not think I am at all called on to
state any general principle of law which may ap-
ply, or at least strictly to define to what extent
the government of a country, at peace with our
own, may lawfully be made the subject of ani-
madversion. I am not now called upon to lay
down such a definition, but undoubtedly there |
are some broad distinctions on the subject. I have
no difficulty in laying down this ; for instance, I
think no man can suppose that I mean to con-
tend, that any publication professing to consider
the conduct of a foreign government at peace
with us, would be a libel; which, if applied to
the government of our own country, would not be
deemed to be such. Though the province of the
historian be the detail of facts, yet if he introduc-
ed the fair discussion of the politician, or of the
philosopher, on the facts and events he detailed,
even this, unquestionably, published fairly and
bona fide, and not as a cover for slander and deta-
mation such a publication I should certainly ne-
ver think of deeming the subject of prosecution.
But, if the case be this; if defamation be the
sole object of this publication, and if the publica-
tion has the necessary, the direct tendency of ex-
citing that degree of jealousy and hatred in the
country to which the publication is directed
gainst the country from which it issues, and to
alienate the dispositions of that country from our
own, and consequently to interrupt the inter-

course of peace which subsisted between them, I
think it is not likely any lawyer will stand up
and say such a publication is not a fibel, and that
the author of it ought not to be punished; but
even that is not this offence. The offence here
charged to have been committed by the defendant
is this, that his publication is a direct incitement
and exhortation to the people of the French Re-
public to rise up in arms against their First Consul
and Chief Magistrate, to arrest the power from
the hands. in which, de facto, it is placed, and to
take away the life of a man who presides over
|them. Is it possible we can have any difficulty
in supporting this proposnion, that such a pub-
lication is an offence against the law of this coun-
try?—
stated to you, at first, what
conceived to be the object and tendency of this
work; and now let me put it to you, whether you
do not think, with me, this is a crime in this
country? Whether the exhortation to assassina-
If it were in time of war, I should have no difli-
culty in stating, that there is something so base,
so disgraceful; there is something so contrary 18
every thing, that belong to the character of an
Englishman; there is something so immoral in
the idea of assassination, that the exhortation to
assassinate this, or any other Chiel Magistrate,
would be a crime against the honourable feelings
of the English law. What effect, then, must it
have, when, instead of being at war, we are at
peace with that Sovereign. Do not let any idle
declamation on that denomination impose upon
your minds. Whether the present libel was di-
rected against a monarch sitting on his throne,
from long hereditary descent, or whether he is a
person raised to this power by the revolution,
from the choice of that country, or from any other
cause, it makes no diderence. He is de facto the
Chief Magistrate, and is to be respected by those,
who are the subjec s of that country, who owe a
temporary allegiance to him. He is to be re pect-
ed as it his ancestors had enjoyed the same power
for a number of generations.-

:

The pleading being finished, and the evidence closed, Lord Chief Justice Elienborough addressed the jury in the following words :-) he matter in issue includes three things: Ist, the fact of publication; 2dly, the truth of the allegations in the record; and 3dly, the nature, quality, and tendency of the papers themselves.-- I his information is filed against the defendant for several passages, that have been selected from the pubiication called the Ambigu, from the first and third numbers of that publication. Several of these papers have been read, first in the French language, and then in au nglish translation, the faithfulness of which does not appear to be materially impeached.— As to the first thing, the fact of publication that seems to be proved by the evidence of Mr. Deboffe who published, and acted under the orders of Mr. Peltier, the defendant. It is unnecessary to detail the particulars, because it does not seem to be matter of contest, that he was the publisher under the orders of Mr. Peltier, and therefore he is liable, if these are libellous publications. That Napoleon Buonaparté was the Chie: Magistrate and First Consul of France is admitted. And that the relations of peace and friendship subsist between us and the French Republic, and did so at the time of these publication, is also admitted. And, indeed, they were

capable of easy proof, if they had not. Their "if you must yield to the destinies, Rome, in this notoriety seems to render the actual proof very "sad reverse at least there remains to avengė Bnnecessary. The next, and only remaining ma"you, a poinard among the last Romans."terial point for your consideration, is, the nature Now, does not that express a lamentation, à and quality of the publications themselves. It wish, on the part of the person, that writes this, has been attempted by the learned counsel for that they (the people of France) would use the the defendant to represent them as ironical and poinard against the supposed oppressor and usurp satirical papers, written as against some particu-er of their government, which had been used with lar factions in France, and not immediately direct effect against Cæsar, the usurper of the Roman ed against the character and person of the First Government?And, in another part of this Magistrate of that country. It will be for you to publication, he says, "As for me, far from ensay, on the fullest consideration of all the circum-vying his lot, let him name, I consent to it, his stances of this case, whether you are not satisfied" worthy successor; carried on the shield let hima these papers do coutain matter reviling and high-" be elected Emperor. Finally (and Romulus rély reflecting on that considerable magistrate, and "cals the thing to mind), I wish, that on the hold out a direct incitement and encouragement "morrow he may have his apotheosis. Amen." to assassinate his person.--Gentlemen, it is my This is a direct wish, on the part of the pubduty to state to you, that every publication that lisher of this work, that if he should be elected has a tendency to promote public mischief, whe- Emperor of that country of which he then held ther by causing irritation in the minds of the sub- the government, his death might be instantajects of this realm, that may induce them to com- neous, or that his destruction might follow on the mit a breach of the public peace, or whether it next day. Every body knows the supposed story may be more public and specific, and extending of Romulus. He disappeared; and his death was to the morals, the religion, or magistracy of the supposed to be the effect of assassination. Now country-these are all cases of libel. But more this seems to be incapable of equivocation, if the particularly, as in the present case, by defaming words were equivocal, and could bear two conthe persons and characters of magistrates and structions, I should advise you to adopt the mildothers in high and eminent situations of power est. But if these words can bear this sense and and dignity in other countries, inconsistent this only, we cannot trifle with our duty. We with amity and friendship, expressed in such cannot invent or feign a signification or import, terms and such a manner as to interrupt the which the fair sense of the words does not sugamity and friendship between the two countries gest.-Gentlemen, upon the whole matter, on every such publication is what the law calls the best consideration I have been able to give a libel. Cases of this sort have occurred within these different publications, it appears to me, the all our memories. My Lord George Gordon direct an indirect aim and tendency of them (notpublished a libel on the person and character of withstanding the very ingenious gloss, and colour, The Queen of France; and another person pub- by eloquence almost unparalleled, by which they lished a libel on the late Emperor Paul, in both of were defended), was to degrade and vilify, to renwhich cases there were prosecutions. In the first der odious and contemptible, the person of the case there was a conviction and punishment fol- First Consul, in the estimation of the people of lowed. The other case went the length of a con- this country and of France, especially in the estiviction, and in respect to the legal effect of both mation of the people of France, and likewise to these prosecutions, I am not aware it was ever excite to his assassination and destruction. That judicially questioned. And therefore I lay it down appearing to be the immediate and direct tendenas law, that any publication which tends to de- cy of these publications, I cannot in the correct grade, revile, and defame persons in considerable discharge of my duty do otherwise than state, that situations of power and dignity in foreign coun- these publications having such a tendency, in retries may be taken to be and treated as a libel, spect of a foreign magistrate, and being published and particularly where it had a tendency to inter- within this country, and the consequence of such rupt the amity and peace between the two coun- publications having a direct tendency to intertries. If any publication contains a plain and rupt and destroy the peace and amity between the manifest incitement and persuasion addressed to two countries, are, in point of law, libels. others to assassinate and destroy the persons of, in the correct discharge of your duty, I am sure such magistrates, as the tendency of such a pub- no memory of past, or expectation of future inlication is to interrupt the harmony subsisting be- jury, will warp you from the strength and even tween two countries, the libel assumes a still more course of justice. But your verdict will mark criminal complexion. Now let us look at the with reprobation all projects of assassination and Ode which is attributed to Chenier. This is im- murder. Consider likewise, how dangerous promediarely prefaced by a declaration that he would jects of this sort may be, if not discountenanced, collect all the materials he could employ on the and discouraged in this country; they may be reedifice he was to raise to the glory of Buonaparte, taliated on the head of all those whose safety is such as should be suitable to his glory; so that most dear to us. -Gentlemen, I trust your verHis object seems to have been to libel the charac-dict will strengthen the relations by which the inter of Buonaparte. It is not to be supposed these terests of this country are connected with those verses were written by Chenier. Such things often of France, and that it will illustrate and justify in appear under feigned names; and it will be for every quarter of the world the conviction, that you to say, whether these words do not import a has been long and universally entertained, of the direct incitement to the assassination of that Ma-unsullied purity of British judicatute, and of the gistrate?"Oh! eternal disgrace of France! Cæsar impartiality by which their decisions are uniform"on the banks of the Rubicon, has against him, in ly governed.The Jury, without retiring from their his quarrel, the Senate, Pompey, and Cato; and box, immediately returned a verdict of Guilty. "in the plains of Pharsalia, if fortune is nequal

And

PARLIAMENTARY

DEBATES,

FROM THURSDAY THE 3RD OF FEBRUARY (the Day the Houses met after the Christmas Recess), TO THURSDAY THE 30TH OF JUNE, 1803, inclusive. N. B. The Debates of that part of the session previous to the Christmas recess, will be found in the Register, Vol. II. from p. 1625 to p. 1800.-Observe also, that the Debates only are inserted here, and that Minutes of the minor proceedings will be found inserted in the several preceding fheets of this volume. See the Table of Contents for the several subjects and the speakers' names; also for the pages where to find the Minutes.-At the beginning of each debate, the Minutes of the proceedings of the day are referred to.

HOUSE OF COMMONS.

Monday, Feb. 7. (See Minutes, p. 184.)

[BANK RESTRICTION BILL.] The CHAN

verse to the idea of suffering the Bank suddenly to resume its operation. Such was the case in the last session, when some of those Gent. concurred in the propriety of continuCELLOR of the EXCHEQUER, pursuanting the restriction, because the course of exto notice, rose to move for leave to bring change was against this country. A similar in a bill to continue, for a time to be reason, he remarked, prompted him on this limited, the act which prohibits the issue of occasion to move for a still farther continuance specie from the Bank. He stated, that it was of this restriction. At present, the state of with the utmost reluctance he submitted this our exchange with Hamburgh was at parproposition to the House, but the reasons which with Amsterdam it was unfavourable. If then suggested it were too strong, and the necessity our disadvantageous situation, with regard to too urgent, to be resisted. That necessity, exchange, was last session considered a sufhowever, he hoped would soon disappear; ficient argument for this measure, he would and, notwithstanding the opinions which had appeal to the candour and good sense of the gone abroad, and the new theories which, House, under the present circumstances of the within the last year, had taken their rise from country, when very little cash could be exrespectable quarters, and had obtained the pected from Hamburgh, and none at all from sanction of some very intelligent persons, he Amsterdam; when, in fact, no influx of bul(Mr. A.) anxiously and impatiently looked lion from the continent could be immediately forward to the day, which he trusted was not looked for, whether it would be expedient to far removed, when the Bank would be at allow the restriction to cease? He would also liberty to resume its payments in specie. As ask, as it was found necessary to permit the to the grounds upon which the expediency of issue of country bank notes, whether the the restriction originally rested, he did not now sudden issue of cash from the Bank would not think it necessary to discuss them, though he produce a run upon the country banks, and was fully persuaded of the wisdom which sug- a consequent run upon the Bank of England, gested, and the forcible considerations which which might be productive of the most serious led to that measure-still less did he think it consequences. From these considerations, as necessary to enter into any inquiry respecting there was no return of bullion from the conthe sufficiency of the Bank to answer all the tinent, he would rather submit to the incondemands upon it. When such an inquiry was venience of continuing the restriction even before instituted, the case was novel and ex- longer than might be actually necessary, than traordinary, and therefore to satisfy the public risk the consequences of setting aside that remind in the then state of Europe, and the pre- striction too soon. From motives of precauvalence of apprehension, was proper and ne- tion, therefore, he brought forward this mea cessary. But what was the result of that in- sure. He did not mean to underrate the inquiry? Why, it removed even the possibility conveniencies which resulted from the stopof suspicion as to the circumstances of the page of the Bank, but he would maintain that Bank; and what intelligent person could have it were better to endure those inconveniencies, ever entertained that suspicion? He was con- than to expose the country to the effects which fident that at this instant there did not exist were likely to arise from prematurely remov in any quarter a particle of doubt as to the ing the restriction. He hoped, however, the solidity of the Bank; of course that could not period would soon arrive when the progressive now become a fit subject for inquiry, though advancement of our commerce would produce it might be very strongly insisted on as an such a steady inclination of the exchange in our advisable preliminary to the motion he meant favour, as would enable us with perfect safety to propose. He observed, that many persons to permit the Bank to resume its payments in who originally condemned the Order of Coun- specie. The causes of the present state of cil which produced the stoppage of the Bank, exchange, a very little reflection would explain and who disapproved of the Parliamentary to the House, when it was recollected that proceedings which followed, were yet at a the scarcity of the last three years had made it subsequent period, from a sense of duty, ad- necessary for us to purchase a vast quantity of VOL. III.