Imágenes de página

of supposition, or by way of fable ; but, there is no one that has dared to say what it thinks, though its thoughts are those of fourteen millions of people; and, what is more, there will not be one of these priots that will dare to ascribe the colamities and disgrace, which will inevitably follow the contempt of this national prayer, to the right cause; but, every one will again have recourse to hints and alusions and fables, or, not being bold enough for that, will hold its peace. Reader, is not this the real state of the press : hold to my opinion, that nothing ought to be deemed libellous which is not false as well as malicious. If a man be a coward or a fool, he ought to be known for such. If he be an adulterer or a rogue, why should he not be called an adulterer, or a rogue: Why should not men be known for what they are : If the person described be an obscure individual, why, the exposure of him will reach but a small distance; and, if he be in a public capacity, the exposure ought to reach far and wide. Only make the publisher prove the truth of all his censorious words, and, I'll warrant that he takes care what he states. But, while truth as well as falsehood may be punished as a libel, writers will naturally endeavour, by insinuations, to obtain vengeance for the restri, tions, under which they labour, and which are a continual thern in their side. ‘‘ I restained from speaking even good “ words, toot:gh it was pain and grief to “ me.” We all wish to speak our minds It is the great mark of distinction between slaves and treemen, that the latter dare utter their sentinents, when the former dare not.

SPAN is of to Evoltition. perceive, got on our sid: A Li M A Hoxtrot, who, “ to shout that he knows all,” calls the French doors, encourages the Spaniards to cut their throots, and to make them squeak like pigs under the hands of the batcher. What rare company we are got into at last ! Well may it be said, that nisery brings a man acquainted with stratge bed sellows. W are fighting for liberty aided by the pious prayers of Ali Mahooct. i have often said, that Sir Loaiani, in order to keep of Boo; parić, would, it hard pushed, make a league with the devil; and, really, tiere sons, to be out owe more step to take. The Courier cols A Li's a “very “ spirited proclamation " " What a shame, to con: r words of approbation upon any tising to bloody and in pious!——I am greatly afraid, that this on effecting rige against Nepoleon is occo its while The news root-co 5 is he good. riot, + -

[ocr errors]
[ocr errors]

We have, I

shall have no hope from a short contest. In that case, the Bourbons would merely triumph over the Buonapartés, which would be of no service whatever to us, or to any port of the world. Joseph Buonaparte and the Gramdees have, it seems, gotten to Madrid without the least interruption, and, I must say, that I look upon that as an unfavourable symptom ; for, in the first place, he would not have gone without a consider

able army, if the country had been in a

state of general insurrection ; and, in the next place, it was of vast importance to the patriots to intercept his march. If you look at the map, you will perceive, that, with a mere military escort, he has gone from the frontiers to the centre of Spain. This could not have been, if the accounts we sometime ago received had been true. If there had been, as was stated, 100,000 men in arms in Arragon, is it probable, that the rew king, under an escort, would have quietly passed along the skirts of that province No ; and his reception upon the road as well as at Madrid, clearly shows, I think, that, besides the rascally nobility, he has a very powerful party in the kingdom, and which party, if the contest be between him and the old rotten despotism, will, in my opinion, daily increase. Botley, August 5, 1808.

LETTER FRox1 SIR Ric HARD PHILLIps, RELATI've To the CAUSE, CARR versus Hood. Sir 3–The licentiousness of the tongue at the Bar, is so justly appreciated by the sensiuse part of the public, that it ought not to excite any other emotion than contempt. in him who at any time is the object of it. If on consequence of a signal instance of that licentiousness during a late Trial, I am in duced to take up my pen, I am actuated solely by a respect for your numerous intelligent readers, to whom you have favoured me with the honour of an introduction. You must be too well acquainted with the artifices practised by anonymous writers, to be sui prized at learning, that the report of the late Trial between Car r and Hood, copied from a Newspaper into your last Register, was written by the very person whose pamphlet had been the object of that Trial: Hence you may readily account for the inconsisteroies of which the Plaintiff and his Witnesses are by this reporter made guilty! The words of every idle question of the Attorney General, are in this report gravely ascribed to me as the words of my Answers, and I am thus absurdly made to condemn all woonymous publication ; * vaunt my own

+ The absurdity of this statement is apvirtues; praise the purity of my own Books; and say other childish things which nétier said nor thought, and which in justice I beg leave to refer back to their real author indeed, the learning of the Bar on this occasion, shone RESPLENIn NTLY, and we had perpetual references mode to high sounding works which never existed, such as Milton's answer to Sir Robert Filmer, Aristotle's in swer to the works of Socrates, and Sir Isaac Newton's Controversy with IDs scartes Besides making the preceding general explanation, I have to remark on one point of your own observations. Y. u imave obviously confounded two very different works, when you characterize as FALSE and scAND A Lou's a Publication of mine (many years out of print) entitled “ Anecdotes of the Founders of the French II fou!!..." This book was published in 1797, and consisted of a grave, chronological account of the persons conCerned in the then recent ovents in France. l's alledged faults, were that of praising many persons, who, it since appears, were unworthy of praise, and of omitong to abuse others who were then obnoxious in this country. You, with others, have obviously confounded this work with one of very differe; t character on the same subject, published within these two or three years by other booksellers, writted by Stewarton, a French emigrant, and called the Revolutionary Plutorch. This work was unquestionably a tograce to the press and character of the country, and it deserves the epithets with which you have inadvertently branded mine. I am not disposed to enter the lists with you as a controversialist, but with respect to THE tigory of The Pa Ess, I am persuaded we shall not ultimately disagree. I am a friend to criticism, and to the unrestrained publicution of it, but I do not anner the same degree of authority to the writings of every man who sets up for a Critic. He who avows his criticisms, and who is consequently known to be, in other respects, a plan of integrity and iearning, obtains with me a very different degree of credit from an anonymous trader in criticism who writes in a Periodical Review, at a given price by the sheet ! Still, I do not object to the free Publication even of such criticisms, manu


potent; every bookseller is constantly in the practice of publishing unexceptionable anonyInons works ; but there is a wide difference between anonymous invective, or abuse directed against an author or his writings which calls for Responsibility, and an anonymous statement of scientific or historical facts, or an anonymous discussion of abstract principles.

fictured as they generally are under e direction of some interested Publisher ; but I must be allowed not to surrender my judgment of literary productions to critics, who come before one in so questionable a shape. He would truly be “the greatest fool that ever trod the earth,” who should submit his opinions to such it floence. * Availing themselves of their oncealmert, it is well known to those who have been behind the scenes during thegetting up of an anonymous review, that books are commonly reviewed by authors themselves—by rival authors in the same branch of literature—by the personal enemy of an author—or by the most corrupt and ignorant scribblers. | Attachin therefore no credit to such writings, is it to be wondered, that I do not waste my time in reading reviews : And convinced as I am, that the abuse of the critical art, arising out of the concealment of the critics, has discouraged and blighted the genius of the country, battled the cause of truth and obstructed the progress of science, is it to be wondered that when questioned on this subject, I entered

[blocks in formation]

opinion on the subject, among the intelligent part of the public —Every on of letters, and every person acquainted with the details of literature, will thank me for thus exposing a craft, the practices of which are as disgraceful and as pernicious as those of advertising money lenders. The craft may furiously assail one in return, but the cause I advocate, is To & CAUSE OF TRUTH, science, AND LITERATURF + This is not a personal question, and therefore it is of no consequence to ris merits that I was myself concerned for about fourteen months, as a proprietor of the Oxford Review. Nothing however is conceded by the admission, because the Oxford Review was expressly and a vow Edly in terms set up as An experist NT, to try whether a review on totally opposite principles to those then in existence would succeed; and it failed, owing to its want of that severity of personal attack which it appears is a principal recommendation of ano: thoas criticism.

my protest against so mischievous an usurpa-
tion, in matters of taste and literature ?
In justice to the respectable character and
honourable views of Sir John CARR, I
feel it incumbent on me to explain, that he
did not found his late action on the pretended
criticisms in the pamphlet of which he
complained, but sole LY and exclusiv ELY
cn the caricatures which had been introduced
into it, and which it must be universally al-
lowed are Novel and NoT v ERY LEGITI-
I am, Sir, yours, &c.
Bridge Street, Aug. 4, 1808.

[blocks in formation]

-- - - - * H of King's-Bench by the attorney-general, or by the master of the crown-office, (who is al

socalled the clerk of the crown in the King'sBench,) after a permission given him by the judges of the court to file, or enter, such information against the supposed libeller. In the proceeding by civil action the defendant is allowed to bring proof of the facts stated against the plaintiff in the libel; and, if he proves to the satisfaction of the jury that those facts are true, the jury ought to give their verdict for the defendant : and it is only in the criminal mode of proceeding that the defendant is not allowed to bring proof of the facts contained in the supposed libel, and that lord Mansfield declared, or is reported to have declared, “ that the “ greater the truth of the libel, the greater “ is the libel.” And the ground of this opinion of his lordship was not “ that the mental uneasiness felt by an innocent man upon reading a false charge made against him in a libel was greater than the uneasiness

felt by a guilty man upon reading a true charge made against him in a libel, or, orather, in a printed paper,” but “ that it was more likely to produce a breach of the peace ;” the tendency to which mischievous consequence, is the whole and only foundation of the jurisdiction of the court of King's-Bench to take cognizance of any published writing, whether true or false; it being the constant and indispensable conclusion of every indictment and information in the court of King's Bench and in all other criminal courts, that the action charged to be done by the accused party is against thc peace of our sovereign lord the king, his crown and dignio. A nd lord Mansfield thought that an innocent man was more likely to revenge, by a duel or some other act of violence, a false charge made against him in a published paper than a man who was conscious that the charge was true, and would therefore become only more known to the public, and consequently more detrimental to his interest and reputation, by any attempts he should make to resent the publication of it. However, I believe you are warranted in asserting that even in in

dictments and informations for libels it was
formerly the practice to alledge that the
| libels were false, as well as scandalous and
malicious : and I have been informed that
the first attorney-general who ventured to
leave out the word false in an inform, tion
for a libel was the late sir Fletcher Norton,
about the year 1761. But, whether his
successors in that office have followed his
example and omitted the word false in the
informations for libels which they have
thought fit to bring, or not, I do not know :
but it may, perhaps, be worth while to in-
quire. I must own that I wish they may
| not have followed his example, but may
have again inserted the word false in their
informations, and even that it may be de-
clared, either by a solemn decision of the
court of King's-bench, or by an act of par-
liament, to be necessary so to do, to make
the information, or indictment valid. For
I agree with you in thinking “ that false-
hood formerly was, and still ought to be, es-
sential as the groundwork of the charge."
—I will further observe that, when the
word false was inserted in these informa-
tions, it was the usual practice of judges
to refuse to permit the defendents to
bring evidence to prove the truth of the
facts alledged in the supposed libels, be-
cause they said the published paper might
be a libel, or punishable publication, even
if the facts contained in it should be true.
But this reasoning of the judges does not ap-

[blocks in formation]

criminal top blish true facts against a man in some cases, yo it would be less criminal than to publish them if they were false; and therefore, in order to ascertain the deg', 'e 0: the publisher's g it and to enable the court to impose an adeq ate punishment, by fine and imprisonment, on him for his off-ice, it would be reasonable to permit the defendant to produce his proofs of the truth of the facts stated in the published paper, did, if he cannot fully prove thein, to stre and prove the grounds that he had for be...eving that they were true. The settling of these matters upon a clear and just toondation is essentia, to the preservation of that important branch of posic liberty, the like to of the press. I remain your most ovedient servant, J. T.31st July, 1908.

OFFICIAL PAPERS. SPANish Revolution.—Appointments of his Catholic Majesty Joseph Mabuseon, at Bayonne, 4th July, 1805, continued from page 192. Colonels of guards—Their excellencies dike de l'Infantado, colonel of the Spanish gards; prince Caste Franco, colonel of the Walloon guards; marquis d'Ariza, great chamberlain ; duke de Hijar, graz'd master of the ceremonies ; count Ferdinand Nones, grand boatsman ; count Sant Colona, chamberlain. (All grandees of Spain.) The following chamberlains have been appointed to attend his majesty in his journey :—Their excellencies count Orgaz, grindee of Spain; marquis Santa Cruz, grandee of Spain ; duke d'Ossuna, grandee of Spain; count Castel Florida, and duke de Sola-Mayor, grandee of Spain. Journal of Government, 8th July, 1808. Government has received by the vessel which arrived this morning dispatches from Don Sangos, and from the English government, bearing date the 30th of last month, the pleasing intelligence that the said gentleman and Don Freyre experienced the most distinguished reception on the part of the government, and were received with enthusiasm by the nation; further that on the very outset of their negociation they were of. feed succour of every description, which will be received within a few days, and that the English government so icits permission to establish a regular interconrse of packets in order to promote a prompt communication with Corunna. The royal government has ordered these happy tidings to be communicated to the public for ethsatisfaction of the

people, and that they may lift up their eyes to heaven, and otier up thanksgiving to the , Omnipotent, who vouchsafes to bestow on them such important blessings. Proceedings at Bayonne. On the 7th of July the junta at Bayonne held their 12th meeting. It was the day appointed for the acceptance of the new constitution. In the chamber where they sat were erected a magnificent throne and a richly decorated altar, the service of which was performed by the Archbishop of Burgos. His majesty, being seated on the throne, elivered the following speech: Geatlemen Deputies—I was desirous of presenting myself in the midst of you previous to your separation from each other. Assembled in consequence of one of the extraordinary events to which all nations in their turn, and at particular conjunctures, are subject, and in pursuance of the dispositions of the eunperor Napoleon, our illustrious brother.--The result of these sentiments will be consolidated in the constitutional act, which will be forth with read to you. It will preserve Spain from many tedious broils which were easily to be foreseen from the disquietude where with the nation has been so long agitated.—The turbulence which still prevails in some of the provinces will cease, as soon as the Spaniards shall have been apprized that their religion, the integrity, and independence of their country, and their dearest rights are secured; as soon as they shall discover the germs of their prosperity in the new institutions—a blessing which the neighbouring nations have not obtained, but at the expence of bloodshed and calamities of various kinds.— Were the Spaniards assembled here in one body, all of them, as having the same interests, would be animated with the same sentiments. Then should we not have to bewail the misfortunes of those who, misled by foreign intrigues, must be subdued by the force of arms.-The enemies of the continent, by the disturbances which they have excited in our country, expect to becoine masters of our colonies. Every honest Spaniard must open his eyes, and all must crowd rou, d the throne – We carry along with us the act which ascertains the rights and reciprocal duties of the king and his people. If you are disposed to make the same sacrifices with us, then shall Spain be speedily tranquil and happy at home, and just and powerful abroad. To this we solemnly pledge ourselves in the presence of God, who reads the hearts of men, and rules them according to his good pleasure, and who never forsakes those who love their

country, and fear nothing out their own consciences. ' The act of constitution w is then read over in a loud voice; and the members of the junta, on the question being pot, unanimously declared their acceptance of it.-The president delivered a short address in answer to the kog's speech, after which the several members took the following oath: —“I swear obedience and filelity to the king, the constitution, and he laws"—The junta then attended his ra.jesty's levee to pay him their respects upon this occasior. His onjesty gave them the most cous reception, and couversed with them too", thon on hour, —His mojosty set out for Boyo, i.e. " . . ." the morning of the 9th, on his joiney to Madrid. His majesty the emperor accompanied him for the first post. On the separation of the two sovereigns, the king took into his carriage M. d’Azanza, ministc.; of the Indies, and the duke del Parque, captain of the life guards. His majesty entered Spain by Irun, and was expected to reach St. Sebastian's at two o'clock on the same

[ocr errors]

day (, he 9th) where he was to remain until

the following day. His majesty has near a hundred carriages in his suite.-- The mem. bers of the junta set off in three divisions; the first on the Sth, the second on the 9th, and the third on the 10th ; each of which will alternately accompany his majosty on his journey—fi.e. following is the act of guarantce of the new constitution of Naples: Napoleon, by the grace of God, emperor of the French, &c. Our dearly beloved brother prince Joseph Napoleon, king of Naples and Sicily, having submitted to cur approbation the constitutional statute, which is to scrve for the groundwork of political legislation for the kingdom of the two Sicilics, we have approved, and do a prove of the said statute, and guarantee its execution on the part of the sovereign and the people of these kingdom -- Given at our imperial and royal palace at Bayonne, June 20, 1808. NApolfo N. The following proclamation has been published here : The illustrious emperor of the French and king of Italy, our dearest and most well-beloved brother, has transferred all his right to the crown of Spain, conveyed to him by the conventions entered into with king Charics Il, and the princes of his house, between the 5th and 10th of May. Doubtless, Providence has given its sanction to our intentions, as it has opened to us so wide a career; it will also furnish us the necessary strength to establish the happiness

of a noble people, whom it has committed to our care. It alone can read our soul, and we shall then be fortunate when we, in answer to so many hopes, shall be able to give a proof of having accomplished the glorious task which has been imposed upon us. The maintenance of the Holy religion of oor forefathers, in the happy state in which we find it, and of the integrity and independo.ce of the monarchy, shall be our first duties. Assist d by the good spirit of the clergy, the nobi's, and the people, we home ago to restore the time when the whole world was full of the glory of the Spanish name; and we also hope to establish tranoiv in the circle of every family, and to c.... on the his poss of the people by a well , , , , o, . otion. The establishment of public prosperity, with as little injury as possible to private interests, shall be the spirit of or r administration. May our people be made happy! Then shell we glory in their prosperity. Wha, off-ring can be more pleasing to us? We shall reign, not for ourselves, but for the Spaniards. I, The KING-Bayonne, Jane 10, 1808. Proclamation at J. ittoria, 12th July, 1 SOS. Don Joseph Napoleon, by the grace of God, and the constitution of the state, king of Spain and the Indies. Spaniards !—On entering the territory of a people, the government of whom Proxidence has confided to me, I feel it my duty to explain the sentiments which I entertain. —in ascending the throne. I rely upon finding among you some generous souls who will second my efforts to restore this people to the possession of their ancient splendour. The constitution, to the observance of which you are about to pledge yourselves by your oaths, secures the exercise of our holy religion, and of civil and political freedom. It establishes a national representation, and restores your ancient cortes in an ameliorated form. It appoints a senate, forming the guarantee of individual liberty, and the support of the throne in critical circumstances, and constituting also an honourable asylum and reward to those who shall have performed signal services to the state.—The courts of jastice, the interpreters of the laws, divested of passion and favour, shall, in pronouncing judgment, be impartial, free, asid independent.—Merit and virtue shall be the only claims to the holding of public offices. —Unless I am disappointed in my wishes, your agriculture and commerce shall fleurish, free from those restraints which have hitherto retarded their prosperity.— Desirous of ruling according to the laws, I will be the

« AnteriorContinuar »