72 The Prosecution of the Press. [JAN. 



Of the spirit which has urged the present prosecutions, we must be 

 cautious how we speak. But of the spirit which has excited the supposed 

 offences against government,, we must speak plainly. There exists, 

 throughout the whole of Great Britain, a feeling that we vow, in the 

 presence of Heaven, we would not have acting against us, for all the emo- 

 luments and honours that office ever conferred on man. The people of 

 England have a sense of religion, of public honour, and of the value of a 

 free constitution. How has this sense been conciliated ? They declared, 

 in the most public manner, by thousands and millions, their abhorrence 

 of the violation of the Protestant Constitution. How were those appeals 

 answered ? They relied upon the firm fidelity of men, pledged to their 

 cause by declarations through a series of years, and bound to adhere to 

 it by every consideration that can be supposed to consist in public rank 

 and personal honour. How was this reliance answered ? They abhorred, 

 on principle, a military government. They see the places, which by the 

 regular practice of the country were always given to civilians, put into 

 the hands of military men, and three soldiers in the cabinet. They see 

 in the hands of one man a power, to which they can find no counter- 

 balance, and which they, therefore, conceive ought not to be placed in the 

 hands of any individual. If men are to be prosecuted for thinking thus, 

 the indictment must be large enough to contain the whole manly, 

 rational, and religious population of the British Empire. 



As to the trials which have already occurred, we shall only remark, 

 that while we regret the rashness of some of the persons concerned, 

 and fully allow that direct charges of peculation and matters of that 

 nature, unless they can be substantiated, only injure the public cause, 

 the punishment of those persons generally leaves the matter where it 

 was found ; and men of high public rank should scorn to appeal to such 

 vindication as they can find in the harangue of an Attorney- General. 



But what was the conduct of those trials ? All the first names of the 

 Bar were engaged for the Crown. Were those necessary ? Not a soul 

 opened his lips but the Attorney-General. The accused was scoffed at 

 for attempting his own defence. But where was he to find an advocate ? 



And when was there ever seen such an array of Law Authorities, 

 State Authorities, Authorities of all kinds, in a Court ? Judges, Privy 

 Councillors, Ministers, &c. &c. flooding the court, to state what? their 

 opinion ! And what effect must displays of this kind naturally have 

 on the minds of the men who, in the great majority of instances, make 

 up the jury ? 



Of this no more ; if there be strong public indignation, let ministers 

 ask to what is it owing ? Is it to party ? There is no party. The word 

 is actually disgusting. Is it to the feuds of Toryism against Whiggism ? 

 There is now neither the one nor the other. Mr. Peel was the leader of 

 Toryism, and the name is enough. Is it to the activity of Opposition? 

 There is now no Opposition, and the nation think no more of the exist- 

 ence of Lord Grey than they do of the existence of Jack the Painter. 

 Yet an indignant feeling exists, it transpires in a thousand ways, it is 

 to be seen, felt, and heard in. all directions. The newspapers are 

 merely the foramina the volcanic mouths that give a hasty and inter- 

 mitted sign of the conflagration spreading below. Let the ministry 

 stop in their career, and ask themselves whether this indignation is to be 

 appeased by violence, whether the flame is to be put out by trampling 

 on it, whether the pursuit is to be checked, like the pursuit of the 

 Colchian King, by scattering human limbs in the way ? 



