Cassell's History of England, Vol. 5 (of 8): From the Peninsular War to the Death of Sir Robert PeelAnonymous
History
Cassell's History of England, Vol. 5 (of 8): From the Peninsular War to the Death of Sir Robert Peel
Anonymous
Great Britain -- History
It would seem that the law officers of the Crown despaired of
proceeding in the old way, but they, or the Ministers themselves, hit
on a new and more daring one. On the 27th of March the Secretary of
State addressed a circular letter to the lords-lieutenant of counties,
informing them that the Law Officers were of opinion that a justice
of the peace may issue warrants to apprehend persons charged with the
publication of political libels, and compel them to give bail; and
he required the lords-lieutenant to communicate this opinion to the
ensuing Quarter Sessions, that all magistrates might act upon it. This
was the most daring attack on the liberty of the subject which had
been made in England since the days of the Stuarts. Lord Grey, on the
12th of May, made a most zealous and able speech in the House of Lords
against this proceeding, denouncing the investment of justices of the
peace with the power to decide beforehand questions which might puzzle
the acutest juries, and to arrest and imprison for what might turn
out to be no offence at all. He said:--"If such be the power of the
magistrate, and if this be the law, where, I ask, are all the boasted
securities of our independence and freedom?" But it appears from the
correspondence of Lord Sidmouth, that he was at this moment glorying
in this expedient and triumphing in its imagined success. He said the
charge of having put such power into the hands of magistrates, he would
do his best and most constant endeavour to deserve; and that already
the activity of the dealers in libellous matter was much diminished.
He had, in truth, struck a deadly terror to the hearts of the stoutest
patriots, who saw no prospect but ruin and incarceration if they dared
to speak the truth. Cobbett then fled, and got over to America. In
taking leave of his readers, in his _Register_ of March 28th, he gave
his reasons for escaping from the storm:--"Lord Sidmouth was 'sorry
to say' that I had not written anything that the Law Officers could
prosecute with any chance of success. I do not remove," he continued,
"for the purpose of writing libels, but for the purpose of being able
to write what is not libellous. I do not retire from the combat with
the Attorney-General, but from a combat with a dungeon, deprived of
pen, ink, and paper. A combat with the Attorney-General is quite
unequal enough; that, however, I would have encountered. I know too
well what a trial by special jury is; yet that, or any sort of trial,
I would stand to face. So that I could be sure of a trial of whatever
sort, I would have run the risk; but against the absolute power of
imprisonment, without even a hearing, for time unlimited, in any gaol
in the kingdom, without the use of pen, ink, and paper, and without
communication with any soul but the keepers--against such a power it
would have been worse than madness to attempt to strive."
Public-domain text, read in full here on John Shaqi.
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