64] ANNUAL REGISTER, 1817. 



sideration of the crown lawyers. 

 He then in strong- language dis- 

 claimed any purpose of gaining; 

 the goodwill of ministers by sacri- 

 ficing to their interests. No 

 clamour or caUunny, he said, 

 should ever restrain him from the 

 declaration of his opinion ; and in 

 this case he liad no hesitation in 

 stating his deliberate judgment, 

 that a magistrate could legally 

 commit and hold a man to bail 

 for the publication of a libel. He 

 then went through an examination 

 of the principal cases which had 

 been adduced for the contrary 

 opinion ; and in applying his doc- 

 trine to the ])ower granted to jus- 

 tices of the peace in ca-es of libel, 

 lie said that of course he meant 

 that the justice must see and read 

 the libel, and not decide it to be 

 such on the mere oath of any man. 

 It had further been alleged against 

 the circular letter, that the secre- 

 tary of .-tate had interfered with 

 the due and regulai' administration 

 of justice. But in what way could 

 such interference prejudice the 

 ends of justice, wlien there was 

 no denvmciation of persons by 

 name, but only a general recom • 

 niendatinn to l)e vigilant with le- 

 spect to the progress of an existing 

 evil ? 



Witli the exception of the So- 

 licitoi-genoral, who lose in de- 

 fence of his tolleaaue, the otlni' 

 nu'nibers spoke in reprob;ition of 

 Loid Sidmoutli's circular lifter, 

 and the opinion by which it was 



supported. Sir S. Romilly in his 

 reply took notice of the circum- 

 stance, and observed, that the 

 suffering the question to go thus 

 quietly to a decision, shewed the 

 little value that was set upon cases 

 of importance to the liberty of the 

 subject. The motion was nega- 

 tived ; after which Sir S. Romilly 

 moved the following two reso- 

 lutions. 



1. "That it is highly prejudicial 

 to the due administiation of jus- 

 tice, for a minister of the crown 

 to interfere with the magistrates 

 of the country in cases in which a 

 discretion is supposed to be by 

 law vested in tfiem, by recom- 

 niei (ling or suggesting to them 

 how that discretion should be 

 exercised. 



1. "That it tends to the sub- 

 version of justice, and is a dan- 

 gerous extension of the preroga- 

 tive, for a minister of the crov\ n 

 to take upon himself to declare in 

 his official character to the magis- 

 tracy, what he conceived to be the 

 law of the land ; and that >uch 

 exercise of authority is the more 

 alarming, w hen the law so declar- 

 ed ileeply affects the security of 

 the subject and the liberty of the 

 press, and is pronudg.ited up.m 

 no better authority than the opi- 

 nions of the law office) s of the 

 ciown." 



The Attorney-general having 

 moved the previous (lue^tion, lie 

 Hcmse divided, Ayes 49 ; Noes 

 1.57 : Majority 108. 



CHAP 



