Mr. WALLER spoke next, to the following purpose:—Sir, it is undoubtedly the duty of every man to oppose the introduction of new laws, and methods of oppression and severity, which our constitution does not admit; and what else is the mention of a prisoner's character as an aggravation of his present offence?
It is well known, and has been already asserted, upon this occasion, that in the lower courts of justice, though the prisoner may plead his character, in his own defence, his prosecutor is not at liberty to produce it to his disadvantage. Even those who are cited to the bar for murder or for treason, are tried only by the evidence of that crime for which they are indicted.
That this house is not bound to strict forms, and is not accountable for the exercise of its power, is easily granted; but authority cannot change the nature of things, and what is unjust in a lower court, would be in us not less unjust, though it may not be punishable.
It was replied that this question had been before sufficiently discussed.
The attorney general not being present, the debate was adjourned to the next sitting.
On the next day of the session, the lord BARRINGTON proposed, that the adjourned debate might be resumed, and several members interceded for the petitioner, that he might be released; to which it was objected, that it was not proper to release him, unless an information was lodged against him, without which he could not be held to bail; and the question being put, whether he should be released, was determined in the negative.
At the sixth sitting, the author of the libel, who was committed to the common prison of Middlesex, petitioned the house to permit him to implore pardon on his knees, and promising, by the strongest and most solemn assurances, not to offend again, was ordered to be discharged the next day, paying his fees.
On the forty-seventh sitting, the printer of the daily paper again petitioned the house, representing, that he most heartily bewailed his offence, that he was miserably reduced by his confinement, having borrowed money of all his friends to support himself, his wife, and children, and praying the mercy of the house. He was then ordered to be discharged, paying his fees, and giving security for his appearance to answer the prosecution.
On the eighty-fifth day, Mr. George Heathcote offered another petition for the said printer, and represented, that the fees amounting to one hundred and twenty-one pounds, he was not able to pay them, that, therefore, he hoped the house would consider his case; but the petition was not allowed to be brought up. On which he remained in custody fourteen days longer, till the end of the session, and, the authority of the senate ceasing, had his liberty without paying any fees.