Such were the means employed by the British Government in 1817 to quiet the country under its distress—a distress the inevitable result of the long and stupendous war. The only idea was to tighten the reins of Government—to stimulate the sufferers into overt acts, and then crush them. Fortunately, with the exception of the Derby juries, the juries in general saw through the miserable farce of rebellion, and discharged the greater part of Oliver's and Lord Sidmouth's victims. Watson was acquitted of high treason in London on the 16th of June, less than a week after the Derbyshire insurrection. His son had eluded the pursuit of the police. Seventeen prisoners on the like charges were liberated in July in Glasgow and Edinburgh, and were paid seven shillings each to carry them home. On the 22nd of August, of the twenty-four persons that Oliver had entrapped in Yorkshire, twenty-two were discharged—against eleven of them no bills being found by the grand jury—and the two left in prison were detained there because, under the suspension of the Habeas Corpus Act, they were not brought up for trial. The Manchester Blanketeers were, in like manner, all discharged, though the Duke of Northumberland did his utmost to stimulate Lord Sidmouth to get them punished. On the country at large the impression was that the Government had propagated a most needless alarm, and that those who had fallen on the scaffold had been exalted by them from poor, ignorant labourers into burlesque traitors, through the execrable agency of their incendiaries, Oliver, Castles, Mitchell, and others.
But the Government had to receive another lesson this year on the folly of endeavouring, in the nineteenth century, to crush the liberties of Britons. There was an organ called the Press, which, partaking neither of the Governmental fears of a natural complaint by the public of the evils which preyed upon it, nor the Governmental hopes of silencing the sufferers without any attempt to mitigate their calamities, reported freely the mingled folly and cruelty of Ministers, and called for the only remedy of the country's misfortunes—Reform. On moving the second reading of the Bill for the suspension of the Habeas Corpus Act, Lord Sidmouth observed that some noble lords had complained that the authors and publishers of infamous libels on the Government were not prosecuted. He assured them that the Government were quite as anxious as these noble lords to punish the offenders, but that the law officers of the Crown were greatly puzzled in their attempts to deal with them; that authors had now become so skilful from experience, that the difficulties of convicting them immeasurably exceeded those of any former time.
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."
Nor were the fears of Cobbett imaginary. The Ministry at this time were such fanatics in tyranny, that they would have rejoiced to have thus caged the great political lion, and kept him in silence. At this very moment they had pounced upon one who was equally clever in his way, and who had, perhaps, annoyed them still more, but whom they did not so much fear to bring into a court of justice. This was William Hone, who had for some time been making them the laughing-stock of the whole nation by his famous parodies. Hone was a poor bookseller in the Old Bailey, who had spent his life in the quest after curious books, and in the accumulation of more knowledge than wealth. His parodies had first brought him into notice, and it did not appear a very formidable thing for the Government to try a secluded bookworm not even able to fee counsel for his defence. His trial did not come on at the Guildhall till the 18th of December, and then it was evident that the man of satirical fun meant to make a stout fight. The judge, Mr. Justice Abbott, and the Attorney-General, Sir Samuel Shepherd, from their manner of surveying the accused, did not apprehend much difficulty in obtaining a verdict against him. But they very soon discovered their mistake. The charge against Hone was for having published a profane and impious libel upon the Catechism, the Lord's Prayer, and the Ten Commandments, thereby bringing into contempt the Christian religion. The special indictment was for the publication of John Wilkes's catechism. The Attorney-General did not very judiciously commence his charge, for he admitted that he did not believe that Hone meant to ridicule religion, but to produce a telling political squib. This let out the whole gist of the prosecution, though that was very well perceived by most people before; and it was in vain that he went on to argue that the mischief was just the same. Hone opened his own defence with the awkwardness and timidity natural to a man who had passed his life amid books, and not in courts; but he managed to complain of his imprisonment, his harsh treatment, of his poverty in not being able to fee counsel, of the expense of copies of the informations against him, and of the haste, at last, with which he had been called to plead. The judge repeatedly interrupted him, with a mild sort of severity, and the spectators were expecting him to make a short and ineffective defence. Hone, on the contrary, began to show more boldness and pertinacity. He began to open his books, and to read parody after parody of former times. In vain Mr. Justice Abbott and the Attorney-General stopped him, and told him that he was not to be allowed to add to his offence by producing other instances of the crime in other persons. But Hone told them that he was accused of putting parodies on sacred things into his books, and it was out of his books he must defend himself. The poor, pale, threadbare retailer of old books was now warmed into eloquence, and stood in the most unquestionable ascendency on the floor of the court, reading and commenting as though he would go on for ever; and he did go on for six hours. He declared that the editor of Blackwood's Magazine was a parodist—he parodied a chapter of Ezekiel; Martin Luther was a parodist—he parodied the first Psalm; Bishop Latimer was a parodist; so was Dr. Boys, Dean of Canterbury; so was the author of the "Rolliad;" so was Mr. Canning. He proved all that he said by reading passages from the authors, and he concluded by saying that he did not believe that any of these writers meant to ridicule the Scriptures, and that he could not, therefore, see why he should be supposed to do so more than they. Nay, he had done what they never did: as soon as he was aware that his parodies had given offence he suppressed them—and that long ago, not waiting till he was prosecuted. They, in fact, were prosecuting him for what he had voluntarily and long ago suppressed. The Attorney-General, in reply, asserted that it would not save the defendant that he had quoted Martin Luther and Dr. Boys, for he must pronounce them both libellous. The judge charged the jury as if it were their sacred duty to find the defendant guilty; but, after only a quarter of an hour's deliberation, they acquitted him.
WILLIAM COBBETT.
This signal and unexpected defeat seemed to rouse the Government to a fresh effort for victory over the triumphant bookseller. The Lord Chief Justice Ellenborough, who was not accustomed to let juries and the accused off so easily, rose from his sick bed, where he was fast drifting towards the close of his career. The defendant was called into court the next morning, the 19th of December. There sat Ellenborough, with a severe and determined air. Abbott sat by his side. Hone this time was charged with having published an impious and profane libel, called "The Litany, or General Supplication." The Attorney-General again asserted that, whatever might be the intention of the defendant, the publication had the effect of bringing into contempt the service of the Church. Hone opened his books to recommence the reading of parallel productions of a former day, or by persons high in esteem in the Church, but this was precisely what the invalid Lord Chief Justice had left his bed to prevent. The judge told him all that was beside the mark, but Hone would not allow that it was so, opened his books, and read on in spite of all attempts to stop him. Never had Ellenborough, not even in his strongest and best days, been so stoutly encountered; scarcely ever had such a scene been witnessed in the memory of man. The spectators showed an intense interest in the combat, for such it was, and it was evident that the general sympathy went with the accused, who put forth such extraordinary and unlooked-for power. The exhausted Chief Justice was compelled to give way, and Hone went on reading one parody after another, and dwelt especially on the parodies of the Litany which the Cavaliers wrote to ridicule the Puritan Roundheads. When he had done, the Lord Chief Justice addressed the jury in a strain of strong direction to find a verdict for the Crown. He said "he would deliver the jury his solemn opinion, as he was required by the Act of Parliament to do; and under the authority of that Act, and still more in obedience to his conscience and his God, he pronounced this to be a most impious and profane libel. Believing and hoping that they, the jury, were Christians, he had no doubt but they would be of the same opinion." This time the solemn and severe energy of the Lord Chief Justice seemed to have made an impression on part of the jury, for they took an hour and a half to determine their verdict, but they again returned one of Not Guilty.