GENERAL HISTORY. 



[63 



Samuel Romilly. He began with 

 saying, that he should not offer 

 any apology to the House for 

 bringing under their notice tjie 

 circular letter of Lord Sidniouth ; 

 what he felt himself most disposed 

 to apologise for, was that he h»d 

 so long xlelayed in calling the at- 

 tenti m of parliament to thtjt ex- 

 traordinary letter. The Secretary 

 of State, by the letter in question, 

 communicates to the magistrates 

 in all the counties of J^ngland and 

 Wales, that by consulting the Jaw 

 officers of the crown, he had as- 

 certained that they had a right to 

 issue warrants for apprehending 

 persons charged upon oath with 

 publishing blasphemous or sedi- 

 tious libels, and to compel them 

 to give bail to answer the charge. 

 The letter itself admits that doubt 

 had been entertained \yhether i.the 

 magistrates had such a power; 

 and the minister takes upon him- 

 self to solve the doubt, and to 

 declare, upon the authority of the 

 attorney and solicitor general, 

 what the law is. Wl\at more 

 dangerous authority was ever as- 

 sumed by a servant of the crown, 

 tlian to prctead to interfere with 

 tiie magisliacy by suggesting to 

 them how the discretion which by 

 law is \-cste(l in them should be 

 exercised ? 



After the learned member had 

 forcibly dwelt upon this topic, and 

 liad taken a historical view of the 

 political state of tlie country, he 

 proceeded to examinethe legal opi- 

 nion of the law oflficcrs on which 

 Lord Sidmouth's circular was 

 founded. The magistrates would 

 have the power of committing or 

 liolding to bail, not only every man 

 who should be charged on oath 

 with having published u blasphe- 



mous or seditious libel, but all 

 such as have been charged with 

 expressions considered as equiva- 

 lent 5 for it is well known, that 

 words spoken are punishable 

 equally with publications bearing 

 the same character. Thus by the 

 command of any magistrate, how- 

 ever prejudiced or indiscreet, a 

 person might be held to bail or 

 sent to prison, on the oath of an 

 informer. No newspaper, in any 

 part of the country, could criticise 

 the measures of ministers, or 

 render itself obnoxious to some 

 busy magistrate, without the 

 danger of exposing its autiior to 

 imprisonment or expense without 

 trial. The tyranny of the reign of 

 Charles H. could not be greater 

 than this. He then entered into 

 the consideration of legal argu- 

 ments, upon which, however, he 

 would not detain the House long, 

 after the admirable discussion 

 they had received by a noble friend 

 in another place, and which was 

 now in print. Having finished 

 tliat topic, he concluded with 

 moving " That an humble address 

 be presented to his Royal High- 

 ness the Prince Regent, that he 

 will be graciously pleased to give 

 directions that there be laid before 

 this House, a copy of the case 

 upon which the opinion of the 

 attorney and solicitor-geneial of 

 the date of the 24 th of February 

 last was taken." 



The Attorney General began 

 with saying, that no parliamentary 

 ground had been laid for the adop- 

 tion of the motion of his hon. and 

 learned friend, nor could lie con • 

 ceivc of any which would warrant 

 the House in calling for the pro- 

 duction of any case which govern-' 

 nicnt might submit to the con- 

 sideration 



