Representative British Orations Volume 4 (of 4): With Introductions and Explanatory Notes
History
Representative British Orations Volume 4 (of 4): With Introductions and Explanatory Notes
Speeches, addresses, etc., English
But no, gentlemen, they must leave you in uncertainty and doubt, and
ask you to give a verdict, on your oath, without furnishing you with
any rational materials to judge whether you be right or wrong. Indeed,
to such a wild extent of caprice has Lord Ellenborough carried the
doctrine of crime in libel, that he appears to have gravely ruled,
that it was a crime to call one lord “a stout-built, special pleader,”
although, in point of fact, that lord was stout-built, and had been
very many years a special pleader. And that it was a crime to call
another lord “a sheep-feeder from Cambridgeshire,” although that
lord was right glad to have a few sheep in that county. These are the
extravagant vagaries of the Crown lawyers and prerogative judges; you
will find it impossible to discover any rational rule for your conduct,
and can never rest upon any satisfactory view of the subject, unless
you are pleased to adopt my description. Reason and justice equally
recognize it, and, believe me, that genuine law is much more closely
connected with justice and reason than some persons will avow.
Gentlemen, you are now apprised of the nature of the alleged libel;
it is a discussion upon the administration of public men. I have also
submitted to you my view of the law applicable to such a publication:
we are, therefore, prepared to go into the consideration of every
sentence in the newspaper in question.
But before I do so, just allow me to point your attention to the
motives of this young gentleman. The Attorney-General has threatened
him with fine and a dungeon; he has told Mr. Magee that he should
suffer in his purse and in his person. Mr. Magee knew his danger
well. Mr. Magee, before he published this paper, was quite apprised
that he ran the risk of fine and of imprisonment. He knew also
that if he changed his tone--that if he became merely neutral, but
especially if he went over to the other side and praised the Duke of
Richmond--if he had sufficient gravity to talk, without a smile, of
the sorrow of the people of Ireland at his Grace’s departure--if he
had a visage sufficiently lugubrious to say so without laughing, to
cry out “mournfully, oh! mournfully!” for the departure of the Duke of
Richmond--if, at a period when the people of Ireland, from Magherafelt
to Dingledecouch, are rejoicing at that departure, Mr. Magee could put
on a solemn countenance and pick up a grave and narcotic accent, and
have the resolution to assert the sorrow of the people for losing so
sweet and civil a Lord Lieutenant--why, in that case, gentlemen, you
know the consequences. They are obvious. He might libel certain classes
of his Majesty’s subjects with impunity; he would get abundance of
money, a place, and a pension--you know he would. The proclamations
would be inserted in his paper. The wide-street advertisements, the
ordnance, the barrack-board notices, and the advertisements of all the
other public boards and offices--you can scarcely calculate how much
Public-domain text, read in full here on John Shaqi.
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