[[304]]Wellington's bayonet law would vainly attempt to oppose! Sullen visions are now upon the clouds, to which place-hunters and renegados are afraid to lift their terrified eyes. But if they tremble at those visions, what will be their fate when they ripen into substance, and let loose their thunders upon the heads of the enemies of our country? May the necessity for such vengeance be obviated by a timely concession to the constitutional demands of an enlightened people is our sincere prayer!

FOOTNOTES:

[31:A] Avater is the Hindoo expression for a divinity assuming the human form, and residing on earth.

[40:A] Mr. Denman has since been created "Sir Thomas," and, at the period of our writing this, holds the office of attorney-general. On the 21st of May, 1832, Lord Stormont brought forward a motion in the House of Commons relative to a general crusade against the press, for what his lordship pleased to term "infamous, obscene, and scandalous libels." It must ever be gratifying to patriots when public men openly confess their errors; and we are, therefore, most happy to record the following extract from Sir Thomas Denman's speech, delivered on the above occasion, relative to the prosecution upon which we have so freely commented:

"In May, 1822, he (Sir Thomas Denman) first sat as common-sergeant, and was called upon to try a case of most atrocious libel in 'The Republican:' it contained a summing up of all the blasphemies which had ever been promulgated in that paper, and direct incitements to insurrection. The prosecution was instituted by a constitutional association, which thought the attorney-general was negligent of his duty; but he believed that that association obtained but little credit for thus undertaking his functions. There were two aldermen upon the bench, one of whom thought that two years' imprisonment was the least that could be awarded as a punishment, while the other thought that one year would be sufficient. The middle course was pursued, and the man was sentenced to eighteen months' imprisonment. Though this was the mildest punishment which had been awarded on any case of a similar description at that time, yet he (the attorney-general) had been held up to odium as a cruel judge. The public, it was clear, had reaped no benefit whatever, and he (the attorney-general) had experienced some pain during the whole of the eighteen months that that man was in prison; for he felt a strong disinclination to proceed against any man who was fairly stating his opinions. The young man was twenty-one years of age, and what he was doing was certainly mischievous; but when his imprisonment expired, he could assure the House that it was to himself a great comfort. The liberty of the press was established in this country, and that alone was enough to induce people to publish those opinions; and that liberty would make him extremely cautious of prosecuting merely for opinion. During periods of public excitement, the classes from which juries were taken gave no encouragement to prosecutions, and if only one juryman stood out upon a case, the prosecution was obliged to be dropped. He, therefore, except some very atrocious circumstances should occur, did not think it expedient to proceed. In striking special juries, it was impossible to go into the heart of society, and act as spies in families to ascertain the sentiments of jurymen. It was necessary to submit to a great deal, lest by legal proceedings bad should be made worse. Prosecutions against the press were better left alone."

The last sentence of this speech contains advice which we hope to see practised by all future attorney-generals. In the case of Sir Thomas Denman, however, it is only adopted through necessity; for he freely confesses his wish to prosecute, if he could only insure the verdict of a jury! It is, indeed, a gratifying truth, that attorney-generals cannot controul the decisions of juries; and it is well for the people of England that they cannot. Were it otherwise, the press would soon become worse than useless, and every independent writer speedily be consigned to a prison. We cannot, consequently, join Sir Thomas Denman in his lamentation; and we regret that a gentleman of such lofty pretensions to liberality and patriotism should have tarnished his fame by thus exposing himself to the censure of his countrymen. While upon this subject, we would give a word of advice to Lord Stormont. His lordship has been described as a young man of considerable natural abilities, which have been highly improved by a liberal education. How, then, can he be so blind to the spirit of the present age as to suppose himself capable of restoring the very worst part of Toryism,—that of undermining the glorious LIBERTY OF THE PRESS? His noble father (who was educated in the Pitt school of politics) may have impressed him with an idea of its practicability; but the people are now changed, the age is changed, and we warn him not to expose himself to the disgust of the English people, by making futile attempts to destroy the grand palladium of national liberty. As well, indeed, might he essay to execute Herod's commands to slay the innocents, as to restore, by such means, the absolute power which the Tories so unfortunately exercised during the last two reigns!

[68:A] The following is a translation of the letter above referred to:

"Rocheford, 13th July, 1815.

"Your Royal Highness,