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“ insured, that he intreated him instantly “ to promote a subscription in his favour;” and yet we have been told, that such a letter “ was written, and is not yet destroyed.” As to what these writers say about Lady Philps, of whom they would evidently have aid harm if they could ; about Sir Richard's fanity, and other foibles ; about his squab!es with authors : these are not worth nooce; but, the charges above made, with Its spect to the name and the fire, as I dare ay they can, so perhaps they may, receive serious contradiction from, and in the ame of, the person against whom they are rought. But, above all things, I would twise Sir Richard not again to resort to e law. He has quite enough of means His own hands where with to expose is falsehoods that have been, or may published against him; and, he may st assured, that, whatever anger he feel against the promulgators of use falsehoods, the most effectual way # inflicting punishment on them, is, exps in very particular cases, to leave them * that avenging hunger and thirst, to satisfy cravings of which they have recourse (for want of talents whereby to attract attena) to any means, however base, of obining notoriety. When one contemplates mean trick to which these men have rered, in writing a book for the purpose of ag it to review, and making the book and iew a puff for each other; and espewhen one sees them unnecessarily inucing the wife of the person whom they assauiting, and who is, in no way what, concerned in the transactions of which complain ; when one sees them resort means of annoyance so very low, it may 1 be a question with Sir Richard whehe ought to condescend to contradict of their assertions; for, it must be evio to every man of sense, into whose ands their work may chance to fall, that here is no falsehood at which they will stick. These men have no principle. They hate lot any vanity that Sir Richard may have. shey hate him because he has a dinner and hoes, they having neither. They are said o be six or eight authors, whom he has been *liged to discharge for stupidity, a statement strongly corroborated by the superabundance of malice and the plentiful lack of talent, visible in the pretended biographer and in the reviewers of his performance. What, in the name of common sense, had Sir Richard to do with prosecutions of literary vet min like these, who write by the foot, who come to the pay-table of a Saturday night, like weavers or tinkers ; whose
master must long ago have discharged them had not Sir Richard indiscreetly furnished their collection of trash with an interesting topic; and to whom, in all human probability, he would, ere his Shrievalty had been at an end, have had to dole out their daily allowance of water and bread. The generality of readers have not the most distant idea what miserable creatures those are, who are employed to work upon publications of this sort. disguised, and that for more reasons than one. Their retreats are more secret, and far more filthy, than those of the fox or the polecat. I would bet the worth of their work, that all the clothes upon all their backs would not sell for fifty shillings. This is
precisely that sort of writers, whom Peter .
Pindar describes as being to be bribed with “buckets of broth and pounds of bullock's “ liver.” And yet, by creatures like these has Sir Richard Philips been goaded even to the point of appeasing to the saw ' This is. what I dislike. Had he resorted to the horse-whip, the pump, or the horse-pood, why, I should have said, that it was foolish, to be sure, but that nei) cannot always command their passion. But, to appeal to the law; to do that which might keep in corntenance the fools and rogues, who, when properly spoken of, charge the speaker with a crime; to join the band who walk withont being spit upon, merely because to oth is a libel; to attack that press which he, as well as any man, knows to be at its last gasp ; to avail inimself of his elevation to mount his brethren with lawyers' spurs. This is what I cannot forgive, and it is what he will repent of to the end of his life. The Trial,
in the case of Carr against Messrs. Hood and .
Sharpe, is one of the most important, nay the most important, that has taken place in my nemory, and I am glad to see that it is fully and ably reported. According to the doctrine here laid down, both by the Chief Justice and the Attorney Generai, one man may, not only innocently, but lauda//y, ri
Their names are cautions!y
dicule the person and the talents of another.
Not only freely examine them and civic se them, but ridicule them. The whole of the Trial is important. I do not mean as an exposure of Carr and Sir Richard Phillips, Lut as containing the principles of the Jodges and the Attorney General respecting libels; and it will be matter of wonder with me, if the Booksellers do not form A Fund for the circulation of it all, over the kingdom. An edition night be printed for three pence each ; each bookseller might take a number proportioned to the extent of his business; some copies, or cue at least, hight be put
into every parcel sent off from every shop; and thus, in the course of a year, every man who can read wood have read it. . This is no loose essay upon the libel-law. It is the practice of the law. . It is what the Attorn v General and the Chief Justice have said an what they have laid down as law. Towood, a fund for this purpose I shall be very happy to contribute my share; for I am cer. tain that there has not, for years, any publication appeared calculated to do so much good.——To fall upon a man already down, or to join in a general outcry, is not my practice; nor have I any desire, in what I recommend, to anney Sir Richard Phillips. I think it of great public consequence, that this Trial should be universally read. As I observed before, the action, out of which this trial grew, was founded upon the new principle, namely, that whatever Hurts A MAN's FF ELINGs is to be considered as sibellous. The trial has completely set this principle aside; and, in fact, we are much obliged to Sir John Carr for having put the principle to the test. Until Sir John did this, there was no man who could tell whether he dared criticise the works of any author. Indeed, according to the principle laid down, and acted upon, he did not dare do it, without running a risk of punishment. Good God! What would have been said by Pope and SwiFT, if any one had said to them: “It is well for you, “ that you live in this age ; for, in that “ which will succeed, to ridicule a fool or
“ have written. especially where you touch. “ upon the character or conduct of public “ men, that would not, to a certainty. short“ en your lives, and, periaps, your ears, “ before you died." What would Gay have said, had he been told, that his Fables, in the next age, would have subjected him to ear-cropping 2 Yet, the nation was as well governed then, as it is now, and, as to matters of literature, it was far greater than it now is. Were a man to write now as Pope and Swift wrote, he would have the full cry of Bond Street and St James's against him, He would be called ruffian and assassin. He would be accused of coarseness, grossress, personality. He would be called an enemy to politeness, taste, refinement, and human happiness. I have often wondered, that some of the descendants of the rogues and fools whom they lashed, have not prosecuted the re printers and the sellers of their admirable
satires, which, were they written in the l
present day, would be deemed infamous
one single sentence, that either of you
libels. They had no idea that to write and publish truth was a crime. The whole te. nor of their works proves, that, so iong as they confined themselves to the stating of it. what was true, they entertained no apprehensions as to the consequences. Upon the topics connected with royalty, too, they h were no more squeamish than upon others. Fo They were afraid of no constructive libels; i. nor, if they chose to express their disap. |
probation of the conduct of kings and princes, did they fear the accusation of disloyal. Fo ty. Why, if either of them, had written, in the present day, what both wrote at the beginning of the last century, i.e. would long ago have been transported, under that | act of parliament, for which we have to thank, principally, Pitt and Lord Grenville. 1: Yet, as I observed before, the times they lived and wrote in were very glorious times to for England; such times as England has not * since seen ; times in which she shone more, ! . both in arms and in letters, than she ever did before, and than she is likely to do." again.—The rogues and fools in public life have powerful motives for cramping the press, and all the regues and fools in private life are naturally of their party. It must be jo so. Vice and folly, of whatever descrip. tion, hate the light. Publicity is their natural enemy. Public prosecutions lead to 1. private prosecutions ; and why not If = } man is to be punished for exposing the vices / or follies of a person whom the public em. ploys, why should not the exposer of a pri-4. vale person be punished It is o: -to tell us, that regular government cannot be supported without this sort of prosect-otions. To tell us, that a government cannot subsist without laws to punish the prelico o tion of truth, is, in fact, to tell us, that that government subsists by falsehood and fraud. Besides, if a government cannot *. subsist without such prosecutions, it never can long subsist with them, unless it be. comes a complete despotism, which is a state of constant warfare between the government and the people, and which, as we have recently seen in many instances, will subsist no longer than the people are with: out an opportunity of casting off its autho rity. His the government subsist with the wishes of the people, what need has it of prosecutions for any animadversions upon to conduct And, of what use are the prosecutions: Suppose, for instance, some one accuse the government of tyrannical conduct. If his assertion be unsupported by proof, none but the very ignorant part of the nation will believe him ; and, evon on
'heir minds, he will produce no lasting im- | both the fee scope of the press, and there
pression. If he speak truth, it is not only proper that he should speak freely and without danger; but, the prosecution of him, in that case and by a form of process which does not admit of his leading the truth in his defence, must have, as to the government, an effect ten thousand times worse than if he had not been prosecuted; such a prosecution proving, not that the government was innocent of the charge, but, tending to prove that it was guilty, and that the person prosecuted has been the victim of vindictive guilt. And, in cases, where his assertions are void of proof; assertions which hardly any one will believe; such assertions gain credit from the mere circumstance of their author becoming an object of prosecution. Nothing can, by what is called a criminal prosecution, be obtained favourable to the reputation of the prosecuting party. His innocence cannot be proved. The form of proceeding, according to the present practice, does not admit of it. What does he get, then : A glutting of his vengeance, a gratification of his vindictive feelings, and the hope of being able to prevent future detection and exposure. But, those who,
so only despised him before, will now
te him; and this hatred, justly sticking to him through life, will amply supply the pate of future exposures. His escaping censure will ever after be attributed to the dread of punishment in those who are able and willing to censure him. . Thus, he will always be regarded as guilty, even to a dei. perhaps, beyond the truth; and every ust man will see, with pleasure, the hour of his misfortune and destruction.— It is how rather more than a year ago, since a sentleman, who had been most shamefully misrepresented and belied in the newspaPets, and who had, indeed, been distinctly accused of very heinous offences, wrote to the an explanation of the circumstances of the case, and intimated, in conclusion, his intention of appealing to the law. I participated in his indignation against the publishors; but, conjured him not to appeal to the hw; because, now, or in a short time, the whole nation, would be convinced of the falsehood of what bad been said against him, whereas, if he prosecuted, the whole nation would have doubts, at least, upon the subJot. He followed my advice. He suffered the web of falsehood to be spun out, and he * found, that not a human creature in *hnd believes one of them. It is in reaon that it should be thus. Truth, give it oloy, will always triumph over falsehood.
"them against one another, giving them
is no fear but the former will prevail. Every man does, every man must, know this ; and, as every man is quite at liberty to an:
swer those who attack him in print, and as
every man has the ability to state plain facts in his defence, his appealing to the law always is, and always must be, a circum. stance conveying suspicion, that he wants truth where with to repel the attack-As to ridicule, good lord, what would DRYDEN, Pope, and Swift have said, had they been told, that, in their country, it would be. come a crime to wound men's feelings by
holding them up to ridicule ! Ridicule is a
thing that will not attach where it ought not I defy Mr. Gillray to turn Lord Nelson's skill and courage into ridicule. You may attempt to ridicule any thing. This master of the art has tried his talents upon Sir Francis Burdett and his Westminster procession; but, if he would make a candid confession. he would tell us, that that was amongst the most unsuccessful of his efforts; he would tell us, that not a soul, except, perhaps, Mr. Baldwin, to whose name the folks at. Whitehall prefix the infantine appellation of Billy, ever thought this piece worth carrying home. There must be the ingredients of so dicule in the thing ridiculed, without which,
to attempt to ridicule it, is hike attempting.
to strike fire out of clay. Well, then, ridicule is, in all cases, not only innocent, bút laudable; because, that which is ridiculous ought to be ridiculed. What must the world think of the man, or set of men, who can come into a court of justice and demand reparation, or vengeance, for having been laughed at 2 Who, like Calib AN, can come and say: “Mark how he mocks me; “I pray thee, my lord, bite him to death;" It is, and always has been, I suppose, the fashion of babies to run to their parents with complaints of being laughed at ; but, for grown up men to do this ; for knights and other great folks to fall into the practice, for courts of law and justice to be made the instruments of their childish resentment: this, were it not but too true, would be ri. diculous indesd. What is that reputation What can that reputation be worth": Whose care, or protection, can it merit, if it be not sufficient to stand the test of ridicule — An indictment An indictment preferred against a book-maker or a bookseller; as
indictment against the press by one who had
so long thriven by the press, and who now had so much of that press at his oommand, together with abundance of talents to make use of it! - Of a fool's wrath the world has long been taught to beware; but, whe
would have expected a prosecution of this sort at the hands of Sir Richard Phillips! Vanity, pure vanity, has been the undoing of this gentleman. It has filled him with a severish anxiety about what the world says of him. Curse on the gold chain and the glass coach and the gaudy liveries. Is it possible that they could turn the head of a man of sense ! One would have thought that he had h g opportunities enough of witnessing “he ridicule attending the annual nobility of oty Lords for a year, and then lords o, no. Wei', he was duly warned of the coso on..... The last day I had the pleas is to soug bin;, which was in February, I , orted with him, in Fieet-street, with these words: “God bless you, Philips, and “ preserve you from the honours of knight“ hood.” When I read the paragraph, giving an account of his land-kissing scene, I was sick. I foresaw, as I thought, all the fooleries ti.at were to follow ; but, really did not anticipate a prosecution of those, whose low and nyalignant envy, such honours were so well calculated to set in motion; much less did I ever expect to see, in Mr. Philips, a spirit of persecution against his brother booksellers and against the press in general.—1 here is only one way of recovering the blows, which he has invited, and which are now failing upon him as thick as those of the muleteers upon the knight of the woeful countenance ; and that is, hoiding both his tongue and his pen, until his justly offended adversaries are wearied with the exercise of belabouring him ; for, the more he struggles the faster and harder will they strike, nor can he reasonably expect them to cease, while they perceive, in him, the least appearance of the remains of life. Pursuing the course that I have pointed out, he may, by degrees, be able to creep forth again ; bat, if his indiscretion shall give to the warfare any considerable duration, the consequences of it will stick to him to the end of his days: “ Sacred to ridiculc his whole lise long, “And the sad burden of some merry song.” There is not a poet of any size, but will try his hand upon him. His name, with ridicule attached to it, will find its way into all sorts of publications; and, long after he himself will have returned to his native earth, his story will live as a warning to all those, who shall be suspected of a disposition to screen their vanity from ridicule by a prosecution in a court of law. Bouley, Sept. 8, 1808. " * --————Poor.—MITCHAM. (Concluded from page 384.)
It may be alledged that - the paupers,
are now farmed at 4s. 6d. per head; that is certainly true; but it is in the parish house, by a man under the control of the otficers, who visit the house constantly; and the best refutation against airy charge on this head is, that formerly incessant com: plaints were made by paupers for ill-usage, and mismanagement, and since the present establishment, not a single murmur has been heard by the magistrates; all are satis- fied, except those who assumed the title of łady patronesses to the snivelling children of the workhouse, that were formerly taught 4 nothing but to hymn out a sort of biasphemous and suisome flattery to them, at the parish expense ; but are now sent into the world apprenticed to respectable tradesmen
o and put in the way of obtaining an H
livelihood. The reduction from 14s, the extreme of the rate formerly, to 5s 6d. the extreme of it ever since, is in itself a benefit of such consideration as entitles Mr. Moore to public thanks ; but the leading youth to habits of industry, compelling the idle and profligate to labour, instead of conting for their support, is a work of such superior merit, as entitles him to the thanks of every good man, who loves his country; and if his example be generally imitated, I shouldoo hope and expect to see the time again, when the poison of soup-shop charity and the quackery of affrighted benevolence, shall: cease to debase the sentiments and expectations of the poor; and every cottager in th lowest situation, shall with true Englishin-A dependence exult, “I have brought up myo . “ children to honest labour, and, thank God!: , “without being indebted to the parish."
. OFFICIAL PAPERS. | SPAN13 is Revolution.—From the Londonà . Gazette Extraordinary. (Continued from: p. 352.) *But if the principles of this plan should be approved of, and deemed feasible by those in command, I would recommend the move- | onent to be general. That it be agreed too act upon it in all its parts the same day, except a discovery should take place, in which case each part should act immediately without hesitation.—I acknowledge I should have little expectation of the success of any nego-" ciation for the peaceable removal of the troops. But a declaration immediately after the movement shall have commenced, of the * | peaceable and unoffending object in view, accompanied with a threat of retaliation in * the event of any hostile opposition on the to part of the Danes or French, might perhaps
be found advantageous.--In stating the naval force at present under my command, it is fight to observe, I am, in expectation of more ships, and have been informed that a sufficient supply of provisions for all the SpaFish troops is now on its passage to me—I have the honour to be, &c. (Signed) R. G. Kors—To his excellency the marquis de o, Romana, commander-in-chief of the Spadish troops in Denmark. * NB. I have just heard that the expected only of provisions is in part arrived, which votes difficulties on my part. | Brunswick. August 9, 1808. — Sir, – I have the honour to acknowledge the receipt of your excedency's letter of this morning, ind to congratulat you and the Spanish nato on the firm and manly step you have been on this important occasion. Circumunres of weather unavoidably prevent the Hrval of two ships of the line, now in ight. I send captain Graves, of the Bruns-wick, informed of my ideas, to see what tes can be made of the vessels at present in Nyborg. In my present situation I can keye nearly fifteen hundred men on board: ol, under all circuads ances, it appears to to the most advisable to convey the troops ith all expedition to Langeland; and, as so to be the opinion of your aide-detoup, that you will be in a situation to f tain that island, and to take port there i the arrival of transports to enbark the o, I shall order seannen in to man twenof the smacks at present in the port, and ote as the ships arrive. I apprehend the *ggage and artillery had better be embarked them, and moved out under my protecion. Among the Spanish troops perhaps tamen may be found; and I would suggest he propriety of the immediate establishment # a marine corps on the most extensive cale possible ; and I request your excellency pkeep in mind that the embarkation of watrand provisions with the troops, in our preent circumstances, is of great consequence. have the honour to be, &c.—(Signed) G. Kexts.—To his excellency the maris de la Romana, commander-in-chief of the Spanish troops in Denmark. Brunswick, off Nyborg, August 9, 1808. Hi-Hisexcellency the commander-in-chief of the Spanish forces in Denmark, having deemed it expedient. under the present circfcumstances, to take possession of Nyborg, my duty naturally calls me to a co-operati to with the troops of that nation, and a conse out frequent communication with the town of Nyborg. To place your excellenty as much at ease as possible respecting the
one of conduct that may be adopted in the
present event by the English admiral com
inauding in the Belt, notwithstanding the
hostility of this day, I have the honour to inform you, that I have given the strictest orders to all under my command, to observe towards the inhabitants of Nyborg the utmost civility; and it is my wish to abstain from every hostile and offensive act, so long as no hostile and offensive measures are pursued by the troops of Denmark or France against those of Spain; but if any opposition should be atternpted either by the Danes or French to the peaceable and unofsending object in view, namely, the quiet embarkation of the Spanish troops, I shall certainly, though most reluctantly, take measures which it is to be apprehended no go occasion the destruction of the town of Nyborg. I have the honour to be, &c. — (Signed) R. G. Keats.--To his excellency the governor of the town of Nyborg. Hound, Myong Harbour, Jagust 10, 1808–Sir, – it must be evident to your excellency, that as my ort; e, ce into the harbour of Nyborg was hostilely opposed, I am bound by no absolute law or as age to abstain from hostilities, and to respect (i.e property of the inhabitants: but although neither one nor the other could be better secured than by the word of a British officer, still it must be evident to your excellency, that under existing circumstances the Spanish general has occasion for several of the sumall craft in port, and that unless the masters and crews of them will lend their aid to equip and navigate their vessels, it nay not be in my power to secure them from injury; but if they will, I pledge myself, after the service on which they are required, and which will be of short duration, shall have been ended, that I will not only use every means in my power to secure them from injury, but grant passports to them all to return is I have the honour to be, &c.— (Signed) R. G. K.E.A.T.s.—To his excellency the governor of the town of Nyborg. Superb, off Langeland, August 13, 1808. —Sir--I have detained the Euryalus a few hours, for the further satisfaction of assuring their lordships, that the whole of the Spanish troops taken off by his majesty's ships at Nyborg, will be landed in the course of this a fiernoon at Langeland.—A convention has been entered into between his excellency the marquis de la Romana and the governor of the island, which, on one hand, enjoins abstinence from hostility, and, on the other, a stificient spply of provisions, provided the island, which is fertile, can roduce it. I am, Sir, &c —(Signed) R. G. K:ATs.-The right hon. W. W. Pule, &c.