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LORD ELLENBOROUGH said, it would not bear an argument, that with a view to stand well with his constituents, a Member of Parliament might publish what he pleased. That was an innovation on the law of the land, which, he hoped, would never be tolerated.

MR. BROUGHAM said, that was not his argument, which only went to this, that a Member of the House of Commons might publish what he spoke in that House. Again referring to the case of the King and Wright, he submitted that the defendant was entitled to a new trial in this case.

ment.

LORD ELLENBOROUGH saw no foundation whatever for granting the present Rule. If any doubt had belonged to the case, his Lordship should have been of opinion that it ought to be fully discussed, in order to its being finally put to rest. But as there was nothing in the argument which had been addressed to them, except in the extravagant construction given to the opinion of Lord Kenyon, that that Court could not admit a proceeding in either House of Parliament to be a libel, he was of opinion that the Rule ought at once to be refused. The present, however, did not range itself under the head of a proceeding in ParliaBut if a Member chose to state in the House of Commons what he thought fit subject of debate, that is afterwards published, and he chuses, because he esteems it more or less correct, to re-publish it himself, and it is found to contain defamatory matter against individuals, is he to be authorized to do so, because he may have spoken it in the House of Commons? Be cause he has not met with reprobation in that House, has he a right to address the same improper and defamatory matter as an Oratio ad populum? Where was such a doctrine to be met with in our Law Books, or even in any Book of Theories on the subject of Libels? It was an accident, or rather a misfortune, of the present day, to have such a proposition started, and to have it bandied about in every news-paper. The case of Currie and Walter was not now before the Court. When such a case should arise, he should hesitate much before he went the full length of the doctrine laid down in it. As to the occasion of the present publication, whether it was libellous and malicious, those had been left to the Jury. To bring the present case within that of Lake and King, which related to the printing of a Petition before the House of Commons, it would be necessary to see the Order of the House, to Members to

print their speeches. There was not here the least colour for granting a new trial, and it would be wrong to excite doubts where none remained.

MR. JUSTICE GROSE was of the same opinion; he was not disposed to find fault with the direction of the Judge, or with what the Jury had done.

MR. JUSTICE BAILEY should have been happy to have the case further gone into, if there was any doubt on the subject, which he was decidedly of opinion there was not. A Member had a right to speak boldly and freely what he chose in the Houses of Parliament, without being subject to be called to account; but he was not entitled, out of his place in Parliament, more than any other man, to state what was injurious to any individual. Such was even laid down in the case of Lake and King, in which it was held to be justifiable only because it was a proceeding in Parlia ment. But it had never been pretended that it was in the course of Parliamentary proceeding for a Member to let himself down so low as to communicate his speech to a printer for publication. If he were misrepresented, he could set himself right in his place, but he could not be suffered himself to publish defamatory matter against any man. He could not agree that every thing that passed in that Court, if accu rately stated, might be legally published. If, for instance, a prosecution for blasphemy were to be brought, would a publication of every thing which occurred in the course of such an investigation be tolerated, thereby giving greater publicity to what ought never to have seen the light? Or could every speech of Counsel, commenting upon the evidence of witnesses, which even the person making it would be sorry to see make a deep and lasting impression, be supposed to be a fit or justifiable subject for publication? He was of opinion they could not. The present, he was satisfied, was a case in which the occasion did not justify the publication.

MR. JUSTICE LE BLANC remained of the same mind he had been in on the trial.

MR. BROUGHAM observed, in answer to an observation of Lord Ellenborough's, that he had relied on the law as laid down by Mr. Justice Lawrence, in the case of the King and Wright, in which he referred to the case of Currie and Walter, rather than on the case of Currie and Walter itself.

The rule was refused.

Mr. Creevey was in Court himself during the whole of the proceedings, accompa

nied by Mr. Western, General Ferguson, and the Hon. Henry Grey Bennett.

OFFICIAL PAPERS.

AMERICAN STATES.
(Continued from page 704.)

séries of unexampled inconsistencies, might excite the greater wonder, as proceeding from a Government which founded the very war in which it has been so long engaged, on a charge against the disorganizing and insurrectional policy of its adversary. To render the justice of the war on our part the more conspicuous, the reluctance to commence it was followed by the earliest and strongest manifestations of a disposition rying it on, no principle of justice or ho- to arrest its progress. The sword was hour, no usage of civilized nations, no pre- scarcely out of the scabbard before the cept of courtesy or humanity have been in- enemy was apprized of the reasonable terms fringed. The war has been waged on our on which it would be re-sheathed. Still part, with scrupulous regard to all these more precise advances were repeated, obligations, and in a spirit of liberality and have been received in a spirit forwhich was never surpassed. How little bidding every reliance not placed in the has been the effect of this example on the military resources of the nation. ——— conduct of the enemy. They have retained These resources as prisoners of war citizens of the United bring the war to an honourable issue. Our are amply sufficient to States, not liable to be so considered under nation is, in number, more than half that the usages of war. -They have refused to of the British Isles. It is composed of a consider as prisoners of war, and threaten- brave, a free, a virtuous, and an intelligent ed to punish as traitors and deserters, per- people. Our country abounds in the nesons emigrating without restraint to the cessaries, the arts, and comforts of life. A United States; incorporated by naturaliza- general prosperity is visible in the public tion into our political family, and fighting countenance. The means employed by the under the authority of their adopted coun- British Cabinet to undermine it, have retry, in open and honourable war, for the coiled on themselves; have given to our maintenance of its rights and safety. Such national faculties a more rapid developeis the avowed purpose of a government, ment; and, draining or diverting the prewhich is in the practice of naturalizing, by cious metals from British circulation and thousands, citizens of other countries, and British vaults, have poured them into those not only of permitting, but compelling them of the United States. It is a propitious to fight its battles against their native coun- consideration, that an unavoidable war try. -They have not, it is true, taken should have found this seasonable facility into their own hands the hatchet and the for the contributions required to support it. kuife, devoted to indiscriminate massacre; When the public voice called for war, all but they have let loose the savages armed knew, and still know, that without them it with these cruel instruments; have allured could not be carried on through the period them into their service, and carried them to which it might last; and the patriotism, battle by their sides, eager to glut their the good sense, and the manly spirit of our savage thirst with the blood of the van- fellow-citizens, are pledges for the cheerquished, and to finish the work of torture fulness with which they will bear each his and death on maimed and defenceless cap- share of the common burden. To render tives. And, what was never before seen, the war short, and its success sure, aniBritish Commanders have extorted victory mated and systematic exertions alone are over the unconquerable valour of our troops, necessary; and the success of our arms by presenting to the sympathy of their chief now, may long preserve our country from awaiting massacre from their savage associ- the necessity of another resort to them. ates.- And now we find them in further Already have the gallant exploits of our contempt of the modes of honourable war-naval heroes proved to the world our inhefare supplying the place of a conquering force, by attempts to disorganize our political society, to dismember our confederated Republic. Happily, like others, those will recoil on the authors: but they mark the degenerate councils from which they emanate and if they did not belong to a

rent capacity to maintain our rights on one element. If the reputation of our arms has been thrown under clouds on the other, presaging flashes of heroic enterprise assure us, that nothing is wanting to correspon dent triumphs there also, but the discipline and habits which are in daily progress.”

New York, March 4, 1813.
NOTICE TO BRITISH SUBJECTS.

-General

lency of the happy occurrences of the 5th
April, with the intent of relieving the good
citizens of Berlin from the dread and fear
they entertained of possibly again seeing
the enemy within their walls.
Von Borstell, with his detached corps, had
already advanced as far as Wahletz, for the
purpose of surrounding Magdeburg on the
right bank of the Elbe; but, on the 2d of
April, being attacked by a superior force,
he, according to his previous instructions,
retreated back to Nedlitz, but covered the
roads to Burg and Gommern by Cossacks.

-On the 5th of April the enemy obliged
General Von Borstell to fall back to Gevena
(on the road to Gortzke), and forced the
Cossacks past Lutzkau and towards Burg.

Marshal's Office of the United States of America for the District of New York, at the City of New York, March 4, 1813. By virtue of the power vested in me, and special instructions from the proper authority, all Alien Enemies, engaged in commerce, and residing and being within forty miles of tide-water, or the margins of the Hudson and East Rivers, and Long Island Sound, in the district of New York, and particularly those in the City of New York, are hereby required forthwith to retire beyond that distance from tide-water, and the margins of the Hudson and East As I had received certain information River and the Sound. Passports for their departure will be given at the Marshal's that the Viceroy of Italy commanded this Office, and the places of their residence expedition in person, with a corps d'armee therein designated. Persons of the above of four divisions, about 22 or 24,000 men description, who refuse or neglect to com- strong, among which were 3,000 cavalry, ply with this requisition, will be immedi- 40 pieces of artillery, not only causing the ately taken into custody.And all alien country round Magdeburgh to be plunderenemies, not engaged in commerce, and re-ed (on the right bank of the Elbe), but siding and being within 40 miles of tidewater, or the margins of the Hudson East Rivers, and the Sound, in said district, are required immediately to apply to the Marshal for permission to remain where they are, which permission will be granted when it satisfactorily appears that their intentions towards the United States are friendly, and that the indulgence and hospitality which have been extended to them have not been abused or misapplied.Also, Alien enemies, of every occupation or profession, who have arrived in the city of New York, from a foreign place, since the declaration of war, are required, without delay, to retire into the interior of the country, beyond the distance above-mentioned. If the different requisitions required by this notice are not unconditionally complied with, vigorous measures will be taken against all those to whom it has reference.

PETER CURTINIUS,
Marshal of the District of New York.

NORTHERN WAR.
Head-quarters, Zubst, April 7, 1813.
I hasten humbly to inform your Excel-

likewise, not knowing that my corps was
so near him, intended making an attempt
upon Berlin; I determined on attacking
him with my whole strength, to drive him
-For this
back with my whole force.-
purpose, on the 4th April, I concentrated
the force of General Von York, near Zorest,
that of Lieutenant-General Von Berg, at
three German miles from thence, in the
village of Lietzo, and fixed my head-quar-
ters at Zorest. I directed General Von
Borstell, and likewise General Von Bulow,
who had, so early as the 4th April, arrived
at Ziesa, to push as far forward as the ene-
my would permit; but that they should on
the 5th, when they would be informed by
a cannonade of my having commenced an
attack, fall on the enemy with the greatest
On the 5th, in the morn
impetuosity.-
ing, Lieutenant-General Von York's corps
advanced to Leitzkeu, and that of Lieute-
nant-General Vou Berg to Ladeburg.-
Lieutenant-General Von Borstell had ad-
vanced towards Makun, and Lieutenant-
General Von Bulow to Hohenzias. AttwO
o'clock in the afternoon, Lieutenant General
Von York was obliged to send a van-guard
towards Gaminern, and Lieutenant-General
Von Berg to do the same to this place.
(To be continued.)

Published by R. BAGSHAW, Brydges-Street, Covent-Garden.
LONDON: Printed by J. M'Creery, Black-Horse-Court, Fleet-street.

COBBETT'S WEEKLY POLITICAL REGISTER.

VOL. XXIII. No. 21.] LONDON, SATURDAY, MAY 22, 1813.

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about after "THE COSSACK," and after SUMMARY OF POLITICS. his spear; that identical spear, fourteen NORTHERN WAR.-BATTLE OF LUTZEN. feet long, with which he killed thirty -This battle is the most fatal that has Frenchmen in an hour, and which, as we taken place since the beginning of this were told, the Cossack brought up from twenty years' war. It has not been the Yarmouth or Harwich, sticking out of the most bloody; it has not ended in the most window of the post-chaise? And the signal triumph of the French; it has not " DON COSSACK," too? Where is he? spread so much havoc and so much disgrace-Oh! what a wise, what a 66 thinking amongst the enemy; but, still it is the most "nation!" These destroyers of our fatal; because the result was less expected enemy may now hasten back again; for than a defeat ever was, upon any former there appears to be business enough for occasion.I have been, for nearly four them to perform.- -And, how unfortunate months, a most mortified spectator of the that the Duke of Cumberland did not set off delusion practised upon this "most think- a little sooner! If he had been present at "ing nation," who have been made to be- the battle of Lutzen, the result might have lieve, as firmly as they believe in their ex- been different. However, he is on his istence, that the Emperor Napoleon was way, and, in all probability, we shall soon down for ever; that it was impossible for hear of the effect of his presence with the him again to collect an army in sufficient armies of the allies.One thing I must force to dare to face the allies in the North; stipulate for beforehand with my readers, that, in short, he was about to experience and that is, that if His Royal Highness the fate of a rebel and an usurper; and does not beat Buonaparté, he shall not, for that, in a few months, we might expect to all that, be supposed to be inferior to him hear of his having suffered an ignotainious either in skill or courage; but, then, I am death. I endeavoured to put the public afraid, that we shall have to allow, that on their guard against being the dupe of there is a superiority in the French troops; these delusions; but, I must confess, that, for, unless we allow this, I do not see how even amongst persons usually rational in we shall be able to deny, in case of Buonatheir way of calculating, I found very few parté's beating the allies with the Duke indeed to coincide with me in opinion.- along with them, that the Duke is not infeIt was manifest, I thought, that the whole rior to him either in skill or in courage. question turned upon the success that Na- The Morning Chronicle, whose busipoleon would meet with in raising an army ness it is to work the Ministers out of their in France. That he appears to have done; places, and to put in its own party, takes and, having again an army of Frenchmen, this occasion of blaming the Ministers, all other things he will obtain.I do though it is not very easy to perceive what not see what is now to arrest his progress, they can have done to cause the Russians unless, indeed, the people of Germany can and Prussians to be beaten by the French; be roused against him; and, I must, from or, what they could have done to prevent what has passed, greatly doubt of that. what has happened.The offer of terms There are now the same motives to oppos- of peace might, indeed, have had some efing him that there were before, and I fect on the minds of men on the Continent; cannot see why they should now be more but, can any one say, that the Whig Party efficacious than they formerly were. A have shown any desire to see such offers people, and only a people, can, in my opi- made? Where is the record of any motion, nion, effectually resist his power; and, any speech even, to that effect? Nay, have until I see a people hearty in the cause, I they not abetted the Ministers in all their shall continue to believe, that he will ulti-warlike projects, and even gone beyond mately succeed.And now what do them in expressions of exultation at what those persons think, who have been running they all appear to have deemed the fall of

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elevation in his service.

Napoleon?--But, besides this, will Mr. | sist him, is the only recommendation to It is, therefore, no wonder that he succeeds, and less wonder that he is admired by his army and by the people, seeing that he can haye no temptation to promote an unworthy person.

Perry undertake to show, that, in the pre-
sent internal state of this country, peace
with France is possible? If she be left in
possession of Holland, I defy the Ministers,
under the present system, to reduce by peace
the expenses of the country; and, if the
taxes cannot be reduced, peace would only
have the effect of sending out of the coun-
try many of those who now smart under the
taxes.Are the Whigs ready to give us
a reform of the parliament? If they are
not, to talk about peace is a mere mockery.
-The hireling prints are, as usual,
making great efforts to cause the public-to
believe, that Napoleon has, upon this occa-
sion, gained no victory. He has advanced
50 miles, however, according to their own
acknowledgment. But, this thinking peo-
ple have long been in the habit of regard-
ing his advances as no proof at all of tri-
umph; while those of his enemies are de-
cided proofs of triumph.It is useless,
however, to make these observations for
about the thousandth time. They do, per-
haps, but little good. The public ear is
filled with the falsehoods of the hired press;
and suffering alone can make way for a be-
lief of the truth.What is most wor-
thy of remark upon this occasion is, that
the people of France seem to partake, as
much as ever, in the feelings of the Empe-

ror.

The COURIER and TIMES news-papers, especially the latter, has, for many months past, amused their readers with accounts We now of insurrections in France. know, that these were falsehoods hatched by themselves, or by others for them, who had their views to answer. Indeed, all men of any political information knew, at the time, that they were falsehoods; but, the mass of the people believed the accounts; and, as the accounts have never been contradicted, they do still believe them. The people in this country, in general, think that Napoleon is hated in France as much as they hate him. If you were to tell them the contrary, they would either not attend to you, or think that you were ignorant of what you were talking about. They believe, almost to a man, that Napoleon is held, in France, in deadly abhorrence; that he is obliged to resort to all sorts of precautions to prevent himself from being assassinated; that he has spies in every hole and corner; that no wan dares open his lips without danger to his life; that there are soldiers every where to That is the main point; for, after all, shoot at the people, and that these soldiers, France herself, that fruitful source of mili- having been forced into the service, hate tary talent and military courage, is what he him even more than the rest of the nation must depend upon. When the French do; that France is filled with Bastiles; people resolved, that the Rhine and the that any man may be clapped into prison, Alps should be the boundary of their terri- or shot, or hanged, at a minute's warning, tory, how soon they extended their sway to without any trial; that there are no laws the Rhine and the Alps! It is the genius in France except military laws; that there and taste of the people of France, which do are no courts of justice; and, in short, that It is not on brute force that the people are the most wretched slaves, every thing. Napoleon depends. It is on the skill of his the most miserable, starving, bare-boned officers; their genius for war; their quick-creatures that imagination can trace. sightedness; their ability in turning every And, why do the "thinking people" becircumstance to their advantage; and the lieve all this? Because there are a hundred great mass of like ability, though in a dif- or two of news-papers to tell it them, once ferent way, amongst the ranks of his army. every day, or, at least, once every week, all -Then, he has the vast advantage of the year round. Burke said: "let a man being disembarrassed by aristocratical and tell you his story once a-day for a year, oligarchical interests. No family influ-" and, at the end of the year he is your "master."--The Country-papers are, ence prevails with him. He is not, by any such shackles, confined to a few, out of for the most part, the mere echoes of the whom to select his officers. He has a whole hired prints in London. They are, in gene army; he has all France, to choose out of. ral, even more dependent. They depend All the youth of France are brought, as it for existence were, one after another, before him, for the purpose of giving him an opportunity to select de Buress persons to command in Chooses too, after experireal ability to as

his armies

on their advertisements. These follow the politics. The magis trates, the Clergy, the Sheriffs, the TaxCommissioners, the Navy and Transport Boards, the Barrack-office, the War-office, and the numerous other sources of adver

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