" represented half a million, a fourth part of the able-bodied men of the kingdom as being such brutes as to be unable to discern truth from falshood even as to the things daily under their eyes. It is said of some of the savages of Africa, that when they receive a cut with a knife, they do not know how to trace the effect to the cause any more than a cow or a horse does; and this is about the level upon which you, but just now, placed one fourth part of the able bodied men of this nation of "refined manners, and general reading.” How do you reconcile this? But, your whole article; the whole of this your eulogium, on the flogging of soldiers, is a mass of inconsistencies and contradictions. "sanguinary and sinful. They have a greater love of life, a greater veneration "for that first and greatest of God's blessings, the consequence of a better education. "Are we to believe that Englishmen are "less shocked by lacerated backs, scream"ings, blood-oozings, &c. than French"men? Are British Officers, are English "Gentlemen such monsters as to delight "in such exhibitions? Are not, on the "contrary, humanity and generous feeling "their characteristics? Our habits of society, refined manners, and general reading, "have softened our hearts, have made us, if "not so chivalrous, yet certainly a more "humane people than our ancestors; and "are we to be told that military punish"ment is not to be entrusted to the most -There is one more passage to notice, generous and noble part of such a people? and it connects itself with what was, by "Punishments in our army are not now half the same writer, said, the other day, about "so frequent or severe as they were former- the meeting at Westminster. He says, "ly."This last assertion is afterwards that Sir FRANCIS BURDETT has, "in his repeated several times; and, in one place "bombastical speeches called our army a the venal man says, that the assertions of "flogged army, and the English nation a the heavy disgrace of flogging prove the effi-"flogged nation." In his comments upon cacy and rarity of the punishment.- the Westminster Meeting he says: "Sir There might have been better proof of the "Francis Burdett made a short speech, in rarity; for, Sir FRANCIS BURDETT moved, "which he particularly alluded to the some time ago (and this man allows mem-" practice of flogging. It was now, he bers of parliament to open their lips upon said, sanctioned by Act of Parliament; the delicate subject) for an account of all "just as it always has been, with the difthe floggings in a given time, inflicted in ference, recently made, which Sir Franthe several regiments; which motion was "cis no doubt forgot, that that punishnegatived, and for which motion this very "ment may be commuted for imprisonment. man abused him, and averred that it could ""The whole of the people of this counhave arisen only from some mischievous de- ""try were liable," he added, "to be sign. Now, why so? If the floggings" "taken or flogged," an old expression of were rare; if they were seldom inflicted; "his, "a flogged nation." Because, a solif they were inflicted only in a wise and "dier, if he deserts his colours, or dismoderate way as this man asserts they are; obeys his officer, violating the first prin if the soldiers do know the necessity of ciple and duty of a soldier, may be flogged, them; if they do approve of them, as he "the whole nation is "a flogged nation.' says they do; if all this was so, and is so," forsooth. As well might he say, bewhy not produce the return moved for, "cause some men, who commit murder, which would have, at once, silenced Sir felony, or forgery, are hanged, we are a Francis Burdett, and would have done a hanged nation."- -This was said by this great deal of good instead of mischief? very identical tool of corruption, upon Why not produce it? Or, at any rate, with the occasion when the expression was what face can such a man accuse Sir Fran- first made use of by Sir Francis, namely cis of a mischievous design in moving for it? during the discussions upon the Local In the passage just cited we are told Militia Law, of which, he it observed, of our better education than that of the LORD CASTLEREAGH was the inFrench, of our refined manners; and of our ventor.--The best answer to this man are general reading. Indeed! Why, it was but the very words of SIR FRANcis Burdett. now that you told us, that the men in our He said, that "in the then circumarmy were of such an education and such "stances of Europe, this country_could habits as to be easily made to believe that not rest in safety on any thing but an they were ill-treated when, all the while," armed population. The British nation they were well-treated. You, but now, "should be in a state to feel no alarm, " was " even though it had not a ship on the " sea. He was not dissatisfied, that the "people should be made an armed peo"ple. He would not, however, give up "the people to be flogged. He would not "allow Britain to be a flogged nation. "When men voluntarily sold themselves "into that situation it was a sufficient "shame to the country that permitted "such an abuse; but he would not allow "the people to be brought into that situa"tion by compulsory enactment. He aware that the constitution of "the country placed every man at the "disposal of the King for resistance of the "enemy in case of invasion. He objected "not to this; but he wished, by the aboli"tion of the disgraceful penalties attached "to the condition of a British soldier, to "make the situation such as a freeman "might, without impropriety, be placed "in. These were the very words spoken by him on the 2nd of May 1808, on LORD CASTLEREAGH's Local Militia Bill. Judge, then, of the baseness of this tool of corruption, who now says, that SIR FRANCIS BURDETT and the reformers "have always attempted to shackle cur "strength and cripple our arm, when it was "to be raised against Buonaparté.". What SIR FRANCIS BURDETT said, upon that occasion, he has oftentimes said since; and, do not men now begin to see that he was right? Yes, and this venal man sees it as clearly as any one; but, to say that he sees it would not suit his purpose, or the purposes of those to please whom he writes.-- He denies the right of any of us, whether at public meetings or in print, to complain of, or even to discuss, the practice of flogging; but he takes it boldly upon him to discuss it at full length; aye, says he, but, then, I speak in praise of flogging; which, I suppose, he will put forward as a specimen of the effects of those refined manners, that humanity, and general reading, of which he so loudly boasts as characteristics of the nation.-The Meeting at Westminster was, of course, intended for the discussion of any matters of great importance that presented themselves to the minds of those who chose to speak; and, how was it possible for them to think of a subject of more importance than this? The flogging in the army, the state of the press (I wonder the COURIER does not propose to flog refractory writers and publishers), and the state of the representation: these were the topics of the speeches, and the admirable, the inimitable, Address itself; and, what other topics, except those of fulsome panegyric, was, at this time, to be found? What did the COURIER imagine, that the people of Westminster; that the constituents of Sir FRANCIS BURDETT, were going to meet to pass a hum-drum address about confidence and condolence merely? Miserable indeed would our prospect be, if they could have had such an object in view. They would then have richly merited the charge of those persevering place-hunters, the EDINBURGH REVIEWERS, who accuse the reformers of having formed an alliance with the creatures of corruption. No, poor hungry lads, we have formed no such alliance; but others have; and, our crime, in your eyes, is, that we have exposed that alliance in all its odiousness. Here I put an end to this discussion, being very well persuaded, that the advocates of the lash will not be anxious to revive it. BANK DOLLAR TOKENS.--Lord. GRENVILLE, in the House of Lords, on the 21st instant, made a motion for papers upon this subject. He said, that he supposed no one would now deny the depreciation of Bank paper. He was deceived; for, as the report states, Lord CAMDEN did deny it; and said, that it was SILVER that had RISEN!--Come, come! let us be grave, let us be serious; for, certainly, a more serious subject can never hardly present itself. Let us see, then: paper has not fallen, but money has risen! Very good indeed. Very good, upon my word.--Well, we shall have the subject of remedies discussed soon. Oh! how I burn with impatience to hear that discussion! How I long to hear it proved, that there is a remedy for the rise in the price of silver and gold! Be this remedy, however, what it will, the disease has not been occasioned by the Jacobins and Levellers. They have had nothing at all to do with the matter. They have had nothing ot do with the Bank and India House. They have been beaten and kept down. They cannot be accused of having had the smallest share in producing the thing that now stares the country in the face. GRIZZLE GREENHorn, whatever be her fate, has nothing to reproach the Jacobins with; and those who burnt PAINE in effigy will have the happiness to reflect, let what will come, that they did their best, to support the wars against Jacobins and Levilers, and to keep down all that was opposed to "the 1 "great statesman now no more.' -But, we must come back to this topic. This is cut-and-come-again. A dish for all days in the week, holidays and all. This is the great pivot, on which every thing turns, and the politician, who does not view it in that light, is but half a politician. Every thing but this may be affected by accidental circumstances; but this is a cause that works steadily. It is what a tree is in agriculture: it depends not upon seasons or management. It goes on of itself like the age of man, and its consequences are as certain. WM. COBBETT. State Prison, Newgate, Friday, March 22, 1811. THE ENGLISHMAN'S RIGHT: A Dialogue between a Barrister at Law and a Juryman; plainly setting forth, I. The Antiquity, II The Excellent Designed Use, III. The Office, and Just Privileges, OFJURIES, by the Law of England.By SIR JOHN HAWLES, Solicitor-General to King William III. (Continued from page 704.) ... But if you are not satisfied, that either the act he has committed, was treason, or other crime, (though it be never so often called so;) or that the act itself, if it were so criminal, was not done: then what remains, but, that you are to acquit him? for the end of Juries is to preserve men from oppression; which may happen, as well by imposing, or ruining them for that as a crime, which indeed is none, or at least not such, or so great, as is pretended; as by charging them with the commission of that, which, in truth, was not committed, And how do you well, and truly try, and true deliverance make, when indeed you do but deliver him up to others to be condemned, for that, which yourselves do not believe to be any crime? Jurym. Well; but the supposed case is a case unsupposable. It is not to be imagined, that any such thing should happen; nor to be thought, that the judges will condemn any man, though brought in guilty by the Jury, if the matter, in itself, be not so criminal by law. Barr. It is most true, I do not believe that ever that case will happen. I put it in a thing of apparent absurdity, that you might the more clearly observe the unreasonableness of this doctrine; but withal I must tell you, that it is not impossible that some other cases may really happen, of the same, or the like nature, though more fine, and plausible. And though we apprehend not, that during the reign of his Majesty, that now is, (whose life God long preserve) any Judges will be made, that would so wrest the law; yet what secu. rity is there, but that some successors may not be so cautious in their choice? and, though our benches of judicature be at present furnished with gentlemen of great integrity, yet, there may one day happen some Tresilian, or kinsman of Empson's, to get in, for what has been, may be, who, Empson-like, too, shall pretend it to be for his master's service to increase the number of criminals, that his coffers may be filled with fines, and forfeitures: and then such mischiefs may arise. And Juries, having upon confidence parted with their just pri vileges, shall then, too late, strive to reassume them, when the number of ill pre cedents shall be vouched to inforce that as of right, which in truth was at first a wrong, grounded on easiness and ignothought fit to depend so far upon the conrance. Had our wise, and wary ancestors, tingent honesty of judges, they needed not to have been so zealous to continue the usage of Juries.* Jurym. Yet still I have heard, that in every indictment, or information, there is always something of form, or law, and, something else, of fact; and it seems reasonable, that the Jury should not be bound up nicely to find every formality therein expressed, or else to acquit, perhaps, a notorious criminal. But if they find the essential matter of the crime, then they ought to find him guilty. Barr. You say true, and therefore must note, there is a wide difference to be made between words of course, raised by implication of law, and essential words, that either make, or really aggravate, the crime charged. The law does suppose and imply every trespass, breach of the peace, every felony, murder, or treason, to be done Vi et Armis, with force, and * If the reader is desirous of seeing the many unhappy consequences, to which such a dependance would subject us; let him read the second postscript to the Let ter to Almon in matter of Libel. There are many observations in that publication, which give great confirmation to the doctrines here laid down, and shew the writer to have been possessed of exceedingly great abilities, judgment, and learning. he, the small as well as the great; the.. arms, &c. Now, if a person be indicted ‹ ita parvum, ut magnum, Hear them, saith for murder by poison, and the matter proved; God forbid the jury should seru-poor as well as the rich; regard no per son, fear no man, And why? Quia Do' mini judicium est, The judgment is God's. Mark this saying, thou proud judge: the ple the finding him guilty upon the indictment, merely because they do not find that part of it, as to force, and arms, proved! for that is implied as a neces-devil will bring this sentence against sary, or allowable, fiction of law. thee at the day of doom. Hell will be But on the other side, when the matter full of these judges if they repent not, in issue, in itself, and taken as a naked and amend they are worse than the proposition, is of such a nature, as no ac-wicked judge that Christ speaketh of, tion, indictment, or information will lie Luke the 19th, that neither feared God, for it singly; but it is worked up by nor the world. Our judges are worse special aggravations into matter of damage, than this judge was; for they will neior crime; as that it was done to scanda- 'ther hear men, for God's sake, nor fear lize the government, to raise sedition, to of the world, nor importunateness, nor affront authority, or the like, or with any thing else; yea, some of them will such, or such, an evil intent: If these 'command them to* ward if they be imaggravations, or some overt act to mani-portunate.-I heard say, that when a fest such ill design, or intention, be not made out by evidence, then ought the Jury to find the party, not guilty. For example : Bishop Latimer, afterwards a martyr in bloody queen Mary's days, for the Protestant religion, in his sermon preached before the most excellent king Edward VI. delivered these words: I must desire 'your grace to hear poor men's suits your'self. The saying is now, "That_money is heard every where :"-" If he "be rich, he shall soon have an end of "his matter." Others are fain to go home with weeping tears for any help 'they can obtain at any judge's hand. Hear men's suits yourself, I require you in God's behalf: and put them not to the hearing of these velvet-coats, these up-skins. Amongst all others, one es'pecially moved me at this time to speak : This it is, Sir: A gentlewoman came and told me, that a great man keepeth 'certain lands of hers from her, and will ⚫ be her teuant in spite of her teeth. And 'that in a whole twelve-month she could 'not get but one day for the hearing of 'ber matter, and the same day, when it 'should be heard, the great man brought 'on his side a great sight of lawyers for 'his council. The gentlewoman had but one man of law, and the great man 'shakes him so, that he cannot tell what 'to do. So that when the matter came to 'the point, the judge was a means to the gentlewoman, that she should let the great man have a quietness in her land. I beseech your grace, that ye would look to these matters. 'suitor came to one of them, he said, What fellow is it, that giveth these folks counsel to be so importunate: he deserves to be punished, and committed to ward.' Marry, Sir, punish me then ; it is even I that gave them counsel. I would gladly be punished in such a cause; and if you amend not, I will cause them to cry out upon you still; ' even as long as I live.'. These are the very words of that good bishop, and martyr, father Latimer: But now-a-days the judges be afraid to hear a poor man against the rich; insomuch, they will either pronounce against him, or so drive off 'the poor man's suit, that he shall not be able to go through with it.'† Jurym. Truly they are somewhat bold, but I think very honest ones. But what signify they to our discourse? Barr. Only this;-Suppose the judges of those times, thinking themselves aggrieved by such his freedom, should have brought an indictment against him, setting forth, that falsly, and maliciously, intending to scandalize the government, and the administration of justice, in this realm, and to bring the same into contempt, he did speak, publish, and declare the false, and scandalous, words before recited.' Jurym. I conceive, the judges had more wit, than to trouble themselves about such a business. Barr. That is nothing to the purpose; but suppose, I say, by them, or any body else, it had been done; and his speaking the words had been proved; and you * Prison. + See also Latimer's Third Sermon, had then been living, and one of the Jury? | or the like. For now, if they should igJurym. I would have pronounced him norantly take this for an answer, and bring not guilty, and been starved to death be- in the prisoner guilty, though they mean fore I would have consented to a contrary and intend, of the naked fact, or bare act, verdict; because the words in themselves only; yet the clerk recording it, demands are not criminal, nor reflecting upon any a further confirmation, saying to them, particulars and as for what is supposed thus; Well then, you say A. B. is guilty to be laid in the indictment or information, of the trespass, or misdemeanor, in (that they were published, or spoken, to manner and form, as he stands indicted; scandalize the government, and the ad- and so you say all;' To which the fore'ministration of justice, or to bring the man answers for himself and his fellows, 'same into contempt') nothing of that Yes.' Whereupon the verdict is drawn appears. up- Juratores super sacramentum suum dicunt,' &c. The Jurors do say upon their oaths, that A. B. maliciously, in contempt of the king and the govern administration of justice, and to bring the 'same into contempt, or to raise sedition,' &c. (as the words before were laid); spake such words, published such a book, or did such an act, against the peace of our lord the king, his crown and dignity. Barr. You resolve, as every honest, understanding, conscientious man, would do in the like case; for when a man is prosecuted for that, which, in itself, is noment, with an intent to scandalize` the crime, how dreadfully soever it may be set out, (as the inquisitors in Spain use to clothe innocent Protestants, whom they consign to the flames, with Sambenitos, garments all over bepainted with Devils; that the people beholding them in so hellish a dress, may be so far from pitying them, that they may rather condemn them in their thoughts as miscreants not worthy to live, though in truth they know nothing of their cause ;)-yet I say, notwithstanding any such bugbear artifices, an innocent man ought to be acquitted, and not he and all his family ruined, and perhaps utterly undone, for words, or matters, harmless in themselves, and possibly very well intended, but only rendered criminal, by being thus hideously dressed up, and wrested with some farfetched, forced and odious construction. Thus a VERDICT, so called in law quisi veritatis, because it ought to be the voice, or saying, of TRUTH† itself, may become composed in its material part of falshood. Thus twelve men ignorantly drop into a perjury. And will not every conscientious man tremble to pawn his soul under the sacred, and dreadful solemnity of an oath, to attest, and justify, a lye upon record to all posterity? besides the wrong done to the prisoner, who thereby perhaps comes to be hanged, (and so the Jury in foro conscientia are certainly guilty of his murder ;) or at least by fine, or imprisonment, undone, with all his family, whose just curses will fall heavy on such unjust Jury - Jurym. This is a matter well worthy the consideration of all Juries; for indeed I have often wondered to observe the ad-men, and all their posterity, that against verbs in declarations, indictments, and informations, in some cases to be harmless vinegar and pepper, and in others, henbane steeped in aqua fortis. Barr. That may easily happen, where the Jury does not distinguish legal implications, from such as constitute, or materially aggravate, the crime; for if the Jury shall honestly refuse to find the latter in cases where there is not direct proof of them, (viz. That such an act was done falsi, scandalously, maliciously, with an intent to raise sedition, defame the go vernment, or the like,) their mouths are not to be stopt, nor their consciences satisfied with the court's telling them-You have nothing to do with that; it is only matter of form or matter of law: you are only to examine the fact whether he spoke such words, wrote, or sold, such a book, their oaths, and duty, occasioned their causeless misery. And is all-this, think you, nothing but a matter of formality? Jurym. Yes, really a matter of vast importance, and sad consideration; yet I think you charge the mischiefs done by such proceedings a little too heavy upon the Jurors. Alas, good men! they mean no harm; they do but follow the direc A prophet!-Our modern patriots have often been the subjects of ridicule, on account of their apprehensions; however, we have lived to see the completion of several predictions, here made by one of our ancestors; and our posterity may, in the same manner, have reason to be convinced, that those made in our times are not entirely without foundation. + Verè dictum. |