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'''» N<'''',"="'';'" newspaper, with a view to injure and degrade, and ri^g'tnfo disgrace, the Magistrates of the town of Halifax The libel, which is de^ribed as false, i„fa,nous, defamatory, and n.alicious wj'^^'f^f 0,xe of the People, and .«'>«t"'»«'^/^,*;8«'^ "" which these counts were laid. (""eMr. Ciay read, and made brief remarks on the letter as con- tained in the indictment.) To this "Jd'ctmen M'- Howe pleaded, and declared himself not guiltj. On this the usual steps occurred ; ""f »°7> f^"" tlemen of the Jury, you are '"'f "«"«"'», »"*'': gate the circumstances of the charge .; to tiy whe- ther the defendant has published the Letter charged, and whether it comes under the deno.mna- lion of what is called m Law, a Libel The Letter was contained in a newspaper of which Mr Howe is the acknowledged Editor and ProDrietor. When the publication was made, the JIagistiates applied «» «h^, «»^'«X^ LTs ing that such a course should be adopted aa wSuld bring the matter before a Court of Justice. His Excellency transmitted the appl|cat,on to "le Attorney cineral, and placed the affair m hn, hands That law officer, in virtue of his oftice, has move power than any other advocate and of two courses he might make choice of either Ho could have filed an ex officio information, on behalf oftne down, which, without any prehminary en- ruirv would place the defendant upon his trial, ffi'course he did not adopt. I am glad that he did not, although the practice has been frequently ^Torted to in England. He adopted a co«'se "'ore consonant to the principles of public ''l-erty - h« laid the charge before the Grand Inquest of the County, a bill was found by them, and now Mi. i he Howo takes his trial as he would for any othor criminal offence. He m put upon his trial as the publisher of a letter which is designated a libel. It may be said by some, why prosecute the publish- er ? Why endeavour to punish him, instead of the author of the alledged Libe' ? The answer to this may be given by saying, that it is the publica- tion which constitutes the offence. In this case it will be shown, that the leUer was published, and that Mr. Howe was the instrument of publication. The proprietor of a newspaper is liable for all which appears in that paper. Even if he were ignorant of a matter until it came before the public, still is he held responsible ; when he undertakes to manage a paper, he is answerable for ail that appears in its columns, and he should be so answerable. If in all cases the author should be resorted to, how is the author to be found ? Or, if an author were given, might it not be in the fol- lowing manner : — not intimating, however, that Mr. Howe would act in the supposed manner ; from what 1 believe to be his spirit, I would conclude that, in any case, be would rather appear himself than give up an author ;— but suppose that it was obligatory to proceed against an author rather than a printer, might not the publisher give the name of fiomo person without propertv, from whom a fine could not be exacted, and to whom confinement in a Prison, would be provision of food and lodging ? The publisher is the person guilty of the offence ; between him and the public the question rests, He should be guarded as to what he publishes, and po guarded in doubtful cases as to be able to make amends for any dif+iculties which may ensue. A libel in Law, is defined to be a malicious de- famation, either by writing or pictures, tendin* to bijicken tho clmracter of the dead, and thus to e:;< I i eite the living ; or reflecting on tho living so as to injure reputation, and to endanger the peace of so- ciety. Aa regards public persons, official churac- tera, Magistrates and other functionaries, the law considers a libel a higher offence than when com- mitted against private individuals. When com- mitted against persons in authority, the crime is looked upon as an attack on the government ; not only as a breach of the peace, but us a scandal aerainat all authority. You, gentlemen, are to say whether this publication comes under this descrip. tion ; whether it is directed against a body of magis- trates, and is calculated to bring such a body into contempt, disrepute, and disgrace. We will have to prove, not only the publication of this letter, but that Mr. Howe published it, and that its intention and design is as laid in tli£ indict- ment to injure and degrade the Magistrates. Hav- ing done this, as the law formerly was, we might stop ; you would have to pronounce on the fact of publication and the intent ; and if enough o.i these points were shown to you, our case would have been complete. But in consequence of great exer- tions of English lawyers, an alteration in these matters has been made ; eases of libel are now placed on the same footing as all other criminal cases ; the .lury are made judges, taking the law for their guidance from the Court. This enables a Jury to take a view of all the circumstances of a case ; formerly the Court had the sole consideration ofthequestionof libel, now it is for you to say whether or not the matter charged is of a libellous nature, as well as to say who is the publisher, and what his intent. One ingredient in a libel is ma- lice. Before the passing of the statute alluded to, the question of malice was virtually referred to tb« Court ;and if hialice was to be inferred, tho lega inference Wns, that malice was coutainted. Now it is tor the Jury to decide on tliis, as on the other features of the case. Malice has not the same meuuing in legal, as in common language. By legal malice is meant, that the party charged did an injurious act which he was not justified in doing. If a libel be published calculated to do evil, to bring persons into contempt and disrepute, such a publi- cation mu¥t be supposed malicious until the contra- ry be shown. But the contrary cannot be shown, except by proving the publication accidental, or accounting for it in some way which is impossiblu in this case, for the proprietor of u paper is res- ponsible for all that appears in its columns. II so, then the present defendant is guilty of publish- ing a malicious libel : he has published that which has a tendency to produce disgrace and contempt towards certain persons; and the law infers that he did it maliciously. As regards the mode of prosecution, — this li> not a'med at any one individual ; no one i*^' Sf ed as a particular mark ; if a particular perse persor.? had been selected, you would not L found the indictment laid by the whole body. Thin, difference exists between a proceeding by indict- ment, and one by civil action. Under an indict- ment, the proof of truth or falsehood cannot be al- lowed, the question is concerning the committal of an injurious act. lam instructed to say, that no- thing would be more desirable to the magistrates than that such proof could be allowed ; but it can- not. In indictments, the king becomes a party in behalf of the public against a person who is charged with some act injurious to good government. If an individual had proceeded by indictment, you might say — although I do not intimate that you ought Xo say so, for truo or false, a matter of inju- i ! If 8 rious tendency should not be publiihed— but yott might say, the person who comes forward in thi» sheltered maniver does not deserr'e such a shelter. hj such objection can be made in the present case ; the magistrates have no right to hold a civil action ; as a public body they cannot peek redress by private action. They had no remedy left except to pro- ceed in the present mo^'ie ; and. in this mode, the prosecution has been conduiited in the most liberal manner. The Grand Jury have passed their opi- nion on the case, it appears in this Court, end here you are made the jndfies of it. But swppose justi- fication could be given in £ V such case, is this such an one ? Is a particular person injured here, or a particular number of persons ? No, but a whole body. Is the present time only alluded to ? No, but the long period of 30 years. This body, durmg that period, is charged with having dishonestly pocketed public money. Is such a charge capable of justification ? How many of them have hand ed public money ? Several of the body charged, now alive, and some now no more, have performed public duties, without any benefit to themselves ; they have acted as guardians of public order with- out ever having been receivers of public money. Yet this charge affects all. I wish that justification ccald be allowed, for it would fall short ; it would be in vain for the defendant to prove against one, two, or three; he should show that the whole body were guilty, or justification could not be sustain- ed. Under this libel, which of the body charged can say that they are innocent ? ii allows that all are not guilty ; but who can say, I am one of the innocent men alluded to ? If no notice were taken of this matter, it might be said, such and such charges were made against the whole body, «nd no steps were taken to lebut them. This ccn- •ideration induced the prosecution, but niAnj of the MagifitruteB regretted that it could not be brought in another shape. It is inipoFsibln for the Jury to say that ther3 is not sufficient defamatory, malicious, matter in this letter, to constitute a libel- The defendant stands charged with every passage taken together, and with each taken separat^y ; one part does not alter the effect of another ; the persons excepted are not designated ; ail are charged in general terms. Cautioa ut least would have been expected from the defendant. It may be said, who dov^s not know the persons rnoic particularly alluded l ) ? Who is there that cannot select those charged irk the publication ? But L ask, is this con- fined to tho town of HaliHix ? Is it confined to the Province of Nova Scotia ? The ability of the publisher of this generally well managed paper, has extended its circulation over the neighbouring Pro- vinces and States, and this libel is disseminated wherever the paper goes. If in a foreign 'and, one of those charged were, very naturally, to take some credit for having served in an honorable otfice, it might be said, for that very reason you are sub- ject to disgrace ; the body to which you belonged were publicly charged with wrong-doing, and you stand as one of the implicated. None of the Ma- gistrates, none of their connections, but might meet with such msults, and all owing to the publicatioii of this libel. 1 he talent and industry of the Edi- tor which occasioned the wide circulation of his paper, instead of giving a license, ought to furnish additional reasons for caution and prudence. The liberty of the press is a theme with many ; but if the liberty of the press is to justify every publica- tion, then, no matter what was said, who was jnjured, r le co'jld get redress. The liberty of the ^ res3 has been defined to b9 a I 10 liberty to pujHsh thoughts, subject to legal coBi»- quences. Is this such a candid discussion of pub- lic measures or men, as could be tolerated ? far from it. if a belief were entertained that certain of the Magistrates were guilty, the supposed guilty persons should have been named in the charge ; those acknowledged to be innocent would not then be implicated ; although the letter would still con- tain a libel, because there were other modes of correcting the evils complained of. The Courts of Justice were open, in which complaints might bo made, and would be attended to ; by a petition to the Governor, the dismissal of a guilty party might be procured ; so that if grievances existed, and the truth only were published, it would not be justifi- able, for no necessity could exist for the publica- tion. Discussion respecting public men should be confined to public measures, and to the manner in which public duties were performed ; but this sweening crimination could not be at all justified ; if it were, worse effects would follow than would result from any restriction of the Press. There is no doubt that the Counsel for the pro- secution are contending against the popul-ir side ef the question ; but Juries in Halifax have always done justice between parlies, uninfluenced by such considerations. I am sure, gentlemen, that you will freely and properly decide as to the merits of the ease ; you will say whether the charges in this let- ter are such as should have been made, and whe- ther their nature or their consequences call for con- sideration. Whatever your verdict may be I shall be satisfied, and will now leave the question in the hands of those, who, I am confident, will act justly in the matter. Hugh Blackadar wae called on the ps*! of th# proiecution to establish the publication of th«» tl- n ledged libel. Air. Blackadar did not answer, and Afr. Ho\7e immediately admitted that he was th« Proprietor of The Novascotiaii, and that the article had appeared in that paper, with his knowledge, on the 1 St of January last. The Prothonotary then read the letter, which is as follows : There is no truth at all i' the orac!e j The Sessions shall proceed— -this is mere falsehood &hakesp£ak£, Mr. Howe, Sir. — Living as we do in a free and Intel lig^ent Country, and under the influence of a Constitution which attaches to our rulers the salutary restrictions of responsibility in all matters of government, is it nol surprising- that the inhabitants of Halifax, should have so long submitted to those shameful and barefaced im- positions and exactions, which have from year to year been levic. on them, in the shape of Town and Coun- try Taxes. Repeated attempts have from time to time been made, by independent minded persons among us* to excite amongst their countrymen some spirit of resia* tance or opposition to those unwarrantable and une- qual exactions, which have been drained trom the pockets of the public. But it seems to me that the torpid indifference to public matters which has hitherto been the general characteristic of the people, has at length h?come quickened and aroused by a cnlnr* and deliberate reflection on what must be their future condition if they any longer neglect to look after the servants of the State. In a young and poor country, where the sons of lich and favoured families alone receive education at the public ex- pence— where the many must toil to support the extortions and exactions of a few j where the hard earnings of the people are lavished on an Aristocra- cy, who rejiay their ill timed generosity with con- tempt and insult ; it requires no ordinary nerve in men of moderate circumstances and humble pretpn- sions, to stand forward and boldly protest against !nea5U?C3 Wi en arc lasi worKsng ine ruin or ihe i < Province. Does there, Mr. Editor, exist in an> fre* 12 »la«e, save Nova Scotia, a responsible Magistracy, who would for thirty years brave and brook the re- peated censures of ihe Press, wi'ihout even attempt- ing a jijstificniion of their conduct, or giving to tho public some explanations that might refute those «n- pist and licentious libels, which have repeatedly been a disgrace to them or to the press of the coun- try'. Are ihe journals «f our land exclusive j do Ihey admit only Jhe wild and reckless portion of (he people, and shut their columns against the sober and discreet supporters of the men in power? lean- not think this, Mr. Howe 5 and yet weeks have elapsed since charges too grave to* be slighted and too plain to be inisunderstood, have been placed through ihe medium of the press, before the eye of tho public, and yet no champion of the sacred band has taken the field to deny or to explain. I can- didly and willingly admit that there are in the rtTnks of the Magistracy, individuals justly entitled to the esteem and respect of their fellow townsmen, but they have mostly left the arena, disgusted with tho scenes that were enacted by their more active and energetic brethren. 1 will venture to affirm, without the possibility of being contradicted by proof, that during the lapse of the last 30 years, the Magistracy and Police have, by one stratagem or other, taken from the pockets of the people, in over exactions, fines, &c. &,c. a sum that would exceed in the gross amount £30,000 ; and I am prepared to prove my assertions whenever they are manly enough to come forward and justify their conduct to the people. — Can it not be proved, and is it no', notorious, that one of the present active Magistrates has contrived for years, to filch from one establishment, and that dedi- cated to the comfort of the poor and destitute, at least £300 per annum ? Can it not be proved, that the fines exacted in the name and on the behalf of otjr {Sovereign Lord the King, have annually for the last 30 years exceeded £200 ; and of this sum His most Gracious Majesty has received about as much as would go into the' Royal coffers, if the long dormant claim sjfjhoQuii Rcnis was rcvixeti impniuenily. I* it not known to every reflecting and observant man, I 13 igistracy, the re- atlempt- ig to the hose «n- speatedly lie coun- sive J do ortion of lie sober f I c.'in- ks have itcd and I placed eye of 3d band I can- le ftTnks ;d to the len, but with iho ive and wilhout lof, that «gistracy r, taken tactions, e gross ove my lo come eople. — that one vcd for at dedi- at least ihat the of oijr the last lis most nuch as dormant .1 » liiy. ii» lit man, I A } whose business or curiosity has ioid him to lake a view of the municipal bustle of our Court of Sessions, that from the pockets ofthe poor and distressed at least £1000 is drawn annually, and pocketed bv men whoso services the Country mi<^ht well spare, 'i'hose things, Mr Howe, cannot much longer be endured, even by the loyal tind peaceable inhabitants of Nova-JScotia. One half of the most respectable ofthe middling orders liave this year been sued or summoned for the amount of their last years' Poor and County Rates j and near- ly the whole town have appealed or are murmuring at the extravagant amount of the assessment for the pre» sent year. I will venture to affirm, and have already affirmed in a former number, that £1500 ought to de'ray all ordinnrv expences for the County; and by the speech of flis Excellency at the opening of the Scs- SK)n, we ere informed that the people of England have, with their wonted generosity, relieved us of a large portion of the extraordinary expenses which the visi- ation of Providence rendered necessary, tn fine, Mr. Howe, the affairs of the County have been for years conducted in a slovenly, extra'vagant"^ and unpopular manner, and the people have been entirely in llie dark, as regards the collection and appropriation of their mo- nies ; but ihey have now amongsf them a Chief Magis- trate, vvho has pledged himself lo be candid, and I trust wc will find him impartial also. I am neither a flalleror nor physiognomist, but I cannot help observing in the n.arlial Iread and manly mien of our present Governor, some ofthe outwards features of the late Sir John Sher- brooke, and if the inward man be corresponding, there is yet some hope for The People. Mr. Howe enquired of the Court whether he were not ent'tled to the names of the pro- secutors. The Chief Justice answered that the Court knew nothing on that subject, they re- ferred to the Attorney General, the cause was brought before them by the Grand Inquest of the county, and should be tried in the usual manner. spoke to the following effect : 14 My Lords and Gentlemen of the Jury, I entreat you to believe that no ostentatious de- sire for display has induced me to undertake the labour and responsibility of this defence. Unac- customed as I am to the forms of Courts, and the rules of law, I would gladly have availed myself of professional aid ; but I have felt that this cause ought to turn on no mere technicality or nice doctrine of law, but on those broad and simple principles of truth and justice to which an unprac- tised speaker may readily appeal, and that an im- partial Jury can as clearly comprehend. I have felt besides, that if the Press is to be subjected to a series of persecutions such as this, it is indispensi- ble to the safety o*" those who conduct it, that they should learn to defend themselves. Believe me also, that the notoriety and excite- ment of this proceeding, are foreign to my taste. Men of my profession, "vhose duty it is to mingle in public contests, and while watching over the general interest, to wrestle with those who menace or invade, are too often reproached with the in- vidious tasks they perform ; and suspected of a mor- bid fondness for contestj, into which they are im- pelled, by a sense of the obligations that public faith, and common honesty, call on them to dis- charge. Those who know me best, well know, that I would rather give the little leisure that a laborious life affords, to my books and my fire-side — to the Literature that ennobles, and the social in- tercourse that renders society dear, rather than to those bickerings and disputes by which it is divided; and by which man is too often, without sufficient cause, set in array against his fellow man. But, My Lords and Gentlemen, while this is my disposition, and these my favourite pursuits, 1 have too strong a sense of what I owe to my profession. 1 ious de- take the Unac- , and the 1 myself lis cause or nice d sinnple unprac- t an irn- I have cted to a dispensi- that they d excite- my taste. mingle over the » menace 1 the in- of a mor- ' are im- lat public I to dis- II know, e that a ^ fire-side social in- IX than to 3 divided; sufficient man. his is my ts, 1 have rofessioo* and to the well being of the commn.nity in which I reside, to shrink from any peril — from any responsi- biiity ortoil, that the vital interests of these impose. I havo never done so — and though often sorely beset, and mentally and physically, if not legally tried, 1 have endeavoured at all hazards, and some- times against fearful odds, to keep on a course of consistent public duty, from the even line of which no consideration could svvay me to the right or to the left. ^ In obedience to tiiat sense of duty I now stand before you, to answer to the charge contain- ed in the Indictment which has been read and ex- plained to you by Mr. Gray. To that Indictment I have pleaded JVut Guilty, and lam now to ex- p]:iin to you why I conceive I have been harshly and yet innocently arraigned. And here I may be permitted to thank Heaven and our ancestors, that I do not stand before a corrupt and venal Court, and a packed and prede- termined Jury, to contend against those horrible perversions of the Constitution and the Law, by v.'hich justice and common sense were formerly outraged, and by which many an innocent and virtuous man has been cruelly condemned. Aided by the talent and the inelependeat spirit of the EnglisiiBar, and the intelligence and determina- tion of E.iglish Juries, the Press has long since achieved a triumph, which, without placing it above the law, or endowing it with any mischiev- ous privilege, has been its chief security and de- fence. Formerly, in cases of libel, instead of the Jury being called on to give a general Verdict, founded on their own view of the law and the facts, they were directed to determine only whether the matter in question had been published by the party and a wicked minister often awarded the punish- ]6 ment. But thank God those days are passed. Such a prostitution of judicial power can never oc- cur again under the shadov/ of the British law, for no Jury within the wide circle of the empire, would submit to such an infraction of their privilege, even if a Judge could 'be found daring enough to attempt it. Men charged with libel are not now to be tried by the mere flict of publication, nor even by the tendency of what they print, though that may be most evil and inju- rious ; but as they are tried for all other crimes— by the intention, the motive, with which they com- mitted the act. If, in resist mg a burglar, 1 knock my friend upon the head, I cannot be convicted of crime ; and if in opposing a public robber, I utterly destroy his reputation by the exposure of his mal- practices^ the Jury try me by my motive, not Ly the severity of the infliction, unless the punishment be utterly disproportioned to the crime. Nay, if in performing this justifiable act, I without any bad design inflict some injury on the innocent, the Jury have the right, on a careful review of my conduct, to balance the object in view against the unintentional evil, and give me a discharge. To fix and determine these principles, cost years of litigation and legislation, and although our hearts might be nerved, and our feelings sublimated, by turning back to the fiery ordeals through which thry passed, I will not now occupy your time with references, that I know the clear and distinct direction of the bench will render unneces- sary. Their Lordships will tell you, that you arc the sole iudses of the fact and of the law ; and that although every word of what I have published were false, and its tendency most injurious, that you are to try me solely by the motive and intention by which 1 Was controlled. Nor, gentlemen, were n d. Such jver OG- British of the [ifractioii jould 'he charged neie fiict ^f what Hid inju- ines— by )v com- 1 knock victed of I utterly liis mal- not Ly oishnient Nay, if out any ;ent, the J of my ;ainst the ik J* 3st years lur hearts ted, by I which our time ear and unneces- you arc and that tied were that you ntion by in, were fuch the case, would I be afraid to be so tried; even then I would rely on your firmness and sagacity, confident that you would vindicate your rights and do me justice. And if in a situation of so much great- er peril, in a position ten thousand times more in- vidious, I could appeal to the Court, the Jury and the Law ; with how much more security and confi- dence may I not rely upon your verdict, standing before you as I do, for publishing what, had Ibeen afforded the opportunity, I would have convinced you was true, and the tendency of which has been and must be most salutary and beneficial. And here may I not ask if it is not a most extra- ordinary thing, that men whose conduct has been publicly and fearlessly arraigned — that men who pretend that they have been injured, and that an ample investigation is indispensable in order that their characters may be cleared — should have brought their action in such a way as to defeat the very object they pretend to have in view. If they were serious, why did they not bring their action on the case, lay their damages, and submit their ad- ministration to the most ample enquiry ? But they have chosen their course, they have made their election, and depend on it they shall have the full benefit of every advantage it aflTards. Shortly after the publication of the letter recited in this Indict- ment, a notice appeared in the Halifax Journal, re- questing the public tc suspend their opinions until the Magistrates could come forward and prove the falsity of the charges in a Court of Justice. The public have suspended their opinions ; you gentle- men of the Jury have doubtless suspended yours, waiting the promised proof ; and now you see the way in which it is to be given. Could you be con- vinced of their innocence, unless I were permitted to bring evidence — why then have they brought i ?ii 13 their action in a way that renders that impossible ? Why have they not atforded the means indijspen- sible to a cahn and enlightened review of their pub- lic conduct ? Gentlemen they dared not do it. Yes, my Lords, I tell them in your presence, and in the presence of the community whose confidence they have abused, that they dared not do it. They knew that •' dis- cretion was the better part of valour," and that it might be safer to attempt to punish rae,than to jus- tify themselves. There is a certain part of a ship through which when a seaman crawls, he subjects himself to the derision of the deck, because it is taken as an admission of cowardice and incompe- tence ; and had not these jobbing Justices crawled in here through this legal lubber hole of Indict- ment, I would have sent them out of Court in a worse condition than F'alstaff's ragged regiment — they would not have dared to march, even through Coventry, in a body. (Laughter and applause, which were suppressed by the Court and Officers.) Kow different has been their conduct and mine. They have shrunk from enquiry, though they have strained after punishment, i have in every shape dared the one, that I might, so far as laid in my power, be able to secure the other. They have filled every street and company where they appear- ed with complaints of falsehood and injustice — they have crammed the newspapers with libel cases to mislead or overawe. They have taJien six weeks to determine on this prosecution, leaving their adversary but a few days to prepare ; and fi- nally, they have brought their action by Indictment, well knowing that the Court could not admit evi- dence but on the side of the Crown. Does this look like innocence ' — is it candid— is it fair ? Can U body acrailist vvlinm rrmvo rhnrtT^fi Iin^-n Uoc^n nvo . osfiible ? ndispen- icir pub- Y Lords, sence of abused, It •' dis- that it n to jus- ' a ship subjects se it is icompe- crawled flndict- )urt in a iment — through pplause, officers. ) id mine, ey have ■y shape (i in my ey have appear- ustice — h libel J\en six leaving ; and fi- ictment, mit evi- oes this ? Can 3€n pre- terred, present this mockery of an investi'ra- tion as a full and sufficient ansvt^er to the public ? How different has my conduct been. From tho moment that I heard of this prosecution, I refrain- ed from all publications that might by any possi- bility influence the public mind. I have naither sought to deprecate the wrath of their worships — to excuse, to justify or explain. Jiut I have taken every pains that the even course of justice should not be disturbed — and now, instead of seeking an escape by objections to the indictment, or cavilling at the insufficiency of proof, I fling myself fearless- ly into the contest, and so far as I can, shall endea- vour to make even this one sided prosecution of some public utility, by defending myself on the broadest possible grounds. Had their Worships brought their action on the case, whether they or I were worsted, would have been of little consequence— the truth, the wholo truth, and nothing but the truth would have been elicited in the course of the examinations, and the public mind would either have been satisfied of their guilt, or have been soothed and tranquillized by the most convincing proofs of their innocence. Were I to imitate their disingenuous example, no public good could possibly arise. Put they have driven mc to the wall — they have sought to punish rather thnn explain — to silence rather than satisfy. They have sought by fine and im- prisonment to break the spirit of their accuser, ra- ther than clear their characters by a fair and can- did trial. They have placed me in the unpleasant and invidious position in which I stand, before me this august tribunal—behind me the County Jail, arid the consequences be upon their heads. *If this tnal tortures them much more than it tortures me, they have themselves to blame. While they wince % 20 under the lasli, let them remember they knotted th^ cords for me— that they, a numerous and powerful body, leagued themselves against an humble Indivi- dual, because he merely performed a duty which ihey knew ne could not honorably avoid. In the trial of Indictment for libel, as their Wor- ships the Magistrates very well know, the defend- ant is not allowed to prove the truth of his publi- cation, and therefore is cut off from what, in an ac- tion on the case, is often his strong ground of de- fence. Eut he has the privilege of exphiiinng to the Jury any thing which may illustrate tho mo- tives and in'tentionr by which he was influenced, to satisfy the:v),lhal so far from wishing to provoke a hrearb of the peace— so far from mcurring the guilt of which he stands accused, that his motivo was praiseworthy, his int(;ntior.s honorable, and his act demanded by the circumstances in which he was placed. Tliis privilege I shall now pro- ceed to exercise. It is one that the Court will not deny, as it is so essential to the safety of persons timilarlv accused. The first question which occurs to a rational mind— the first that an impartial Juror will ask himself, is this— what motive could the accused have had for attacking a body, in the ranks of which were some of his own relatives and personal friewds; and which embraced some of the leading men of the principal families in the placf, whose sup- port and countenance might be of essential service— whose enmity it would be impolitic it not highly injurious to provoke. What interested or malici^ 0U8 motive could I have had ? Gentlemen, I had none. With nearly all the individuals assai.ed, 1 had been on friendly terms for years—to some of ,i.^,« I i>7aa iiAnnrl Wv npnrPA' tjes — with no one of them had I ever had altercation or dispute 1 Had, r tted the^ owerful i Indivi- ^ which ir Wor- defend- is publi- n Jin ac- J of de- iiing ta ho mo- luenced, provoke ring the motive lie, and \ which )w pro- will not persons rational will }isU accused oT which I friewds; ing men )se sup*- iervice— t highly ' inalici- n, I had sailed, I some of one of I had, •21 for those that are really estimable among them, and in epite of this persecution,! still have, the mosi unbounded respect. But this only extended to their private characters. As Magistrates, havinjj the guardianship of morals and the public ppace — as the Legislators of the County— the collectorg and dispensers of its revenues— the Trustees of iti Prope.ty — the Auditors of its Accounts— the Al- moners of its Establishments I knew them, as ycu know them— as almost every man in the commu- nity knows them, to be the most negligent ai d imbecile, if not the most reprehensible l^ody, that ever mismanaged a people's affairs. Had I not believed this to be the fnct— had not the concurrent testimony of thousands in the comnmnity impress- ed it .strongly on my mind —had not the ju.st com- plaints of those who were daily injured by the gross nei'Iect of duty on the part of som.e, and the still grosser malversations of others, continually re- sounded in my ears — had not my own experience and observation, and the reasoning and calculations of much shrewder minds, furnished abundant proofs ; had not Grand Jury after Grand Jury arraigned the system which they upheld ; nay, had not rny own labors as a Grand Juror abundantly convinced .ae that these charges were true, I should not have been standing here to-day to speak in my own defence, for I would not have dared to publish the letter in which their conduct was censured and exposed. And can they be so blind and weak as to suppose, that by punishing a printer, even if that were possible in such a case, the public, for whose benefit their doings were un- veiled, can be hoodwinked and deceived ? Cau their characters, like the religion of Mahomet, 1 -i_J l... ^...»nM..*I^M ) TKa»» i-nntr airr\o^t much from the result of this trial— but before I hava « 22 done with them, 1 hopn lo convince them that they, ano not I, are the real criminals here — and I shall be mistaken if it does not prove the downfall of their imbecility — the grave of their corruption. You would have been amused, Gentlemen, had you been in Court on Tuesday last, when this grave Body marched in, with one of their number at its head, who, with amazing power of face, read a Re- solution to their Lordships, that had been passed at a meeting of the Sessions, the purport of which was that they were most anxious that Mr. Joseph Howe should be allowed to bring evidence, in order, if ho could, to substantiate the charges contained in the libel. The prosecution had been commen- ccA at thoir instance by the Crown Otficers — a Bill of Indictment had been found — and his Lordship dared not, for his head, vary the rules of law by which the issue was to be tried ; when in marched this immaculate body, with the mo- dest request that the rules of law sliould be bro- ken, the principles established in reason and expe- rience over-turned, in order that that might bo done, which they had previously taken every pains to prevent. Did this look like conscious innocence ? Were there not some legal minds connected with that body, who knew that such a mission must bo fruitless ; who could Iiave explained the nature of the law, an(' nrrvented that extraordinary exhibi- tion ? If itp, ".('led fron ignorance, what mus^ we think of v;50 sa^acit^ of the body — if it did not, what else was it, but a most barefaced attempt to deceive ? It appeared to rne as if they ha*^^ loaded a field piece, presented it at the breast of th .r foo, whom they had tied to a stake, and having lighted the fuse, gravely took off their hats, and making a very polite bow, becced that it would not go off, till he had get behind his wall. But b'-forc I have a ci 23 lat they, [ shall ba M)fall of ption. lien, had his grave ber at its ad a Re- I passed of which Joseph ,in Older, contained 3oinrnen- s— a Bill Lordship rules of d ; when the rno- J be bro- md expo- ill i;jht bo ery pains tiocence ? ted with must bo nature of y^ exhibi- hat mus^ it did not, ittempt to ad loaded tli r foe, ng ligl.tcd making a ot go off, trc I hava ionclndcd,! hope to put them in the aituation of iha nnfoitunate Iriahman, who, to prevent the oxplo- •ion, crammed hia wig into the muzzle, and givts them a " hoidl with their own potard." (Laugh- ter.) I must again express my regret that they have not taken another mode of trying this question I wish that ho who read the Resolution on Tuesday before their Lordships, had brought his action for damages. If he had— he would never have conio hero again to torment their Lordships with resolu- tions—or, at all events, when their worships took the field again against the Press, they would fight under another leader. If they really had no legal advisers in this matter, they might theni- selves have learned from Blackstone •* that Law U a rule, not a sudden order from a superior to or concerning a particular person ; but something per- manent, uniform and universal." But, I believe, that they have* been so much in the habit of departing from all law in their own Brick Temple, that they thought there was not a Court in the coun- try, where it might not be dispensed with to suit their particular views. I am happy that there is not only a Court above their power, but that a Jury also comes between them and their intended victim. Holt, and some of the older authorities, hold that the Sessions may take cognizance of libel ; if so, I rejoiee that their Worships were not awaro of it, for had they got me within their power, ta be dealt with by their law, they would not have allowed me the privilege of addressing you. In conducting this defence, I do not mean to say, and if I read the law aright, their Lordships cannot permit me to say, that the charges in the paper pub- llBhed are true. The truth would be no defence iii a criminal action? ns the Mngi.-^tratcH} very well l:now :Li^;£gaBg£^v:^3m- ^^tJMM I tl!yafcB * ' W *fV J U T J!ii ^ ^^ 24 tiT they would not hare brought it — but I shall be perinitted, and it is my duly, lo shew you the state f my own mind at the time I published the letter, in order that you may judge of my guilt or inno- cence — ascertain my real motive and intention, and decide whether I deliberately did that which would tempt to a breach of the peace, or was labouring to restore and preserve it. This is my duty to you ; your duty to me is to try me as our Ilea- venl^ Father tiies us, not only by the acts we do, but by the purit" of our hearts. iMthough upon the issue ofthis t:ia], the decla- ration can iiave no bearit.g (as the law luaKes n^e responsible for what I publish) it is perhaps due to mysef to state, that 1 did not write one line of tlie letter mentioned in the Indictment — 1 never ad- vised tlie preparation of it, and made no altera- tion of, or addition to it, so far as my memory serves, and this I state upon my honor, as I would declare upon n)y oath. Put whea the letter was sent to me, I did not hesUate to inseit il ; because although many might be startled by the broad and general assertion, that so large a sum as £1000 a year had been taken from the pocktts of tliose who ought never to have paid it, I had satisfied myself, and if the opportunity were afTorded, 1 would satis- fy you, that by the neglect, incompetence and cor- ruption, of the parties chargec , we have been an- nually despoiled of a much larger amount. And strong in that belief, I published the letter, and should have betrayedthe trust I hold, had 1 caused it to bvj buppiessed. Though i shall not seek to discover any flaws in the indictment, permit me to turn your atten- tion for one moment to its language. I am awaro that words that sound awkwardly in common use, often creep into legal papers ; still I cannot just S5 but think, that though the preface to this Riight be very appropriate, if I were found raising an arm- ed insurrection against His Majesty's Government, it is greatly strained, inasmuch as I have only re- belled against the Majesty of the Sessions. "The Jurors of our L()rd the King upon their oath pre- sent, that Joseph Howe, late of Halifax in the County of Halifax, Printer, being a wicked, sediti- ous and ill disposed person, and being a person of a most wicked and malicious temper and dis- position" — now of all this I do not complain — though it sounds harslily, it is I believe the usual form ; and were there nothing more, I would leave vou, Gentlemen, many of whom have known me from mv childhood, to judge of the maliciousness of my disposition -but there is another passage, which seeiris to have been introduced to stigma- tize and defame ; and which thouirh it may be be- lieved by a few persons about the Sessions, will find no echo from ycur box or from this country. It is further set out that being such person ns aforesaid, and ** greatly disaffected to the Admi- nistration of His Majesty's Government in this Province, and wickedlv, maliciously and sedili- ously, contriving, devising and intending, to stir up and excite discontent and sedition among Mis INlajesty's sul)jf'cts, &.c." If this w^re true, I should consider It hopeless to trouble you with any defence ; but for a full and sufficient answer to tho charge. I may safely refer to what I have written, and you gentlemen have read. If I have preacrhed sedition, you have encouraged me by your favor and support; the country by which I am to be tried has rebelliously responded to my opinions. I might, therefore, leavp- this lan- guage to pass for what it is worth, but I will just turn to one of my sermons on sedition, and \ : K I ^i 1 f I ' l£J_ i6 ttonlraat it with th© character drawn of mo herd. In the file ->f The Nova«cotian for 1830, tberd is one of them, under the head of * England and hor Colonies,* which commences thus • *' When we hear the cry of disluyalty and disaflec- tion raised ill this Colony, as a more full develope- menl of iho powers ot public bodies cabs lor a salutary reform i or when the people are roused t>y encroaihmeiils, to drive loral rulers wdhm the nrcle of public safely j we cannot but smile at the cuiinni? ofihose,who,'as (hey fail to satisfy the reasou, seek to operate upon cur fears." The object of this article appears to be to prove. '•That there does not exist, within the wide range of the British Empire, a people more proud of the name, and more attached to the Government of Lngland, than the people of Nova Scotia." 'I'his seems to be a slrann-e text for a sermon on sedition. But observe,! further declare that I have '• a well grounded convc- tion, that the foundations of loyally to Britam, m the only sense in which that term ought to be med, aro laid deep in the hearts of our eountrymcn ; and aro not to be overturned by those petty contentions which may attend i"ic improvement of oitr local Government, or which aie inseparable froin the very resi..tMnce thai a free people will, on all occasions, ofter to the folly or encroachments of their rulers." After shewin? of what elements our population i3 frrined—lhat a"pari of it springs directly from the loins of the loyalisls, and a larger part is made up of em- gran 8 from the British Isluids--, and iluir dcscenriants, who find here <' no circle of citizenship, into which it is necessary to force an entrance by a renegade abuse of England and her institutions j" it proceeds :— " But there are other grounds of attachment to Eng- land, besides a direct descent from those who have been born upon her soil, or those who have sufTered expatriation in her cause. Though the blood of Bri- tons flows in our veins— that would ba of htile conse- quence, if every thing else did not conspire to keep their spirit aiive in our bosoms. The languaga wuicu we speak, like a noble streany, lias como roHirg oo. e herd. ), tberd Lnd and disaflec- evelope- Is for a used by e rircle cunnJusf iu, seek o prove, range of \e. name, England, i i(» be .1 3servp, 1 conv'c- 1, ill the sed, aro and aro \i wliioli t-rument, uice tliHl ic folly or ilntinn is the loins p of em- cendantg, hich it is \ abuse of t to Eng- vho have suffered of Bri- d conse- to keri> __ ...U-'-l- ollirs oa« 37 words, from the days of the Saxon Heptarchy, down to the present time — becoming in every age mora pure an J more expressive — bearing along the treasures of rnighty miud«, aud sparkling with theeorruscations of genius. Of that stream we are taught to drink (rom o'lr childhood upwards ; and in every draught there is a magic influence, turning our thoughts and our afTcr- tions t( the hallowed fiuintain from uhich it sprung. For enlarged and cultivated views — for the truths of natural, moral and poluieal science, we are indebted, in an eminent degree, to the Slatnsmfu and Philoso- phers of Brilain. Our soids aro stirrfvl by the impas- sioned eloquence of her Orators, and our feelings and t?isle aro refined by t'lehigh inspjralion of her Ports. Nor does any servile fooling mix wiih our participation of ihose Ireasjjres. They are a free gilt from the founders of the iJrilish empire — and the lathers of British Literature, Science and Song, to the ciiildren of that empire, and the inheritors of that langungo, wherever their lot may be east. Tiiey are as n.ncli the properly of a Hritou by the banks of (he Avon, the Hillsborough, oi» the St. John, as by the Liffey, the Tweed or the Tht these national {rraiulations and glurifvings,— and that it is natural for us to sis;li for Washingions and Franklins ofourown; and for endless anniversa- ries to remind us of thu deeds and the "lories of our ancestors. We do not wish to dispara^;e the names If, whom R3pu';)lican America accords n hijrh stanc.in5: in her annals-nor to speak lightly of the services whicli Ihev have rendered to their country j hut is it possible that any subjoct of «he Hriiish Empire— that any member of th..l mi-hty whole, can be at a loss for matter of gralificalion and of pride ? Can sigh for days to remind him of past ijlorv, or names to make the blood stir a!»out his heart? Every page of our history is redo ciit of fame ; and tiiere is not a second of the year unhal- lowed by some glorious reminiscence. The nation ol which we make a part, and of uhich we ore ncuher serfs nor bondmen—but free, equal, and ua.ettered members, has no parellel either in ancient or modern limes. It extends to every quarter of the glolje ; the «un never sets upon its surface— and by whom shall ita for its commerce; the winds but the heralds^^ of Us greatness and its glory' Nor are its -•" ♦••""'" i from o-htv cner- 3> " s mi'0:i- tonie nu of trial 1 in the :)f vvhicli otected, lut or a our caps a day, ov the lfpui>lic er front e for the ? A meri- ts of our Bs, their blcut us igf to set \ings,— ihinsrions iniversa- s of uur 3 names stand in^f es whicli possible • member [lalier of remind lood stir rcdoh)nt ir unhal- nalinn of ?. iiciiher afettered ' modern lobe ; the 1 shall itfl r/H roaHa s of it« :htv cncr- %^ gir.s wielded to oppress or destroy — hut to protect, to ♦•islightm, and benefit mankind. While Russfa sends forth her armies to seize some tract of territory, and to transfer millions of slaves from one species of bond* n^i^e to another j the children of Brilon go (orth to distant region". — obtain a triumph over uncultivated nature— carry with them lier lanj;ua«jc and institutions, and lay the foundations of an empire. While the rulers of Ausliia, Portugal, and Spain, aie employed in forg- ing new fetters for the mind — in retarding the progress of knowledge and improvement, the statesmen of Britain are engHged ui working out those reformations whii'h theaciive intelligence of a free people are continually suggesting. For ages has she stood like a beacon light upon thfi borders of the old world, luring the nations to wealth, intelligence and freedom. From countries the most despotic and del>ased, the oye.5 of the slave have wandered towards the unquencherl and unquenc-iblo fire of British liberty •, and his spirit has rejoiced in the assurance, that sooner or later some spark would fall upon the smothered energies of his land. Advancing oiiwaids by the guidance of her example — one after another — the nations are breaking their yokes upon the lieads of their task masters, and asserting those rights, the knowledge and advan'ages of which hr.ve been taught t'nein by the ex;»mple of England. Then is il from the fellow'ship of such a nation as' this that wo are to go in search of a more h()noral)le Union? Are wo to fly to the United Slates for food for our pride, or lor objects and associations, around which our feelings rnd sympathies can cling? IMust we needs turn Re- publicans, because our forefathers have left us no valu- able inheritance — fto imperishable monuments of gloryl' Anji;ct, makes war upon the ly «umer(»us writers and l>y Grand Ju- rors, were wKhout foundation. By reference to that letter we shall see the impression which was on the •ritor's mind — the object lie had in view — and it will be also seen that a part of the £1000 a year, which he says was " taken out of the pockets of those who ought never to have paid it," was chorsfed against the uue- qual system of Assessment, which it was partly his wish to expose. l\Iy own experience as a Grand Juror had fully sa- tisfied me. that tho gcneial vicvs of this writer were correct ; ihat these inequalities and abuses did exist, and were mainly attributable to the Sessions. I may be accused (»fseekin^ to overturn the Government, but at nil events 1 am no (riend to annual r'arliamenl,-!', and for this sijfttcient reason. Tlie Grand Jury on which I served, like all others, existed for a year. It took us nine months to find out that wretched abuses existed and afier we had quarrelled for throe with their worships, vvhr) are a permanent and despotic l)ody, and have hitherto sot their faces steadily against improvement, we went i.ut of office — others came in who doubtless spent their nine months of preliminary preparation for fruitless contests^ and thus matters have proceeded in a circle for manv years. IwCtmcnow turn your attention fv)r a moment to tho mode in which the Boor and County Rates have been levied in this District for many years. A few plain facts will be sufficient to convince you, that l)y the inequa- lities and injustice of this system alone, to say nothing at all of expendii ires, a very largo portion of this £1000 a year was " taken from the pockets of those who ought never to have paid it." In 1828, when tho last cpusus was taken, the population of the Beninsula of Halifax was 14,439 souls j while in the other settle,* ments within the District over which Poor and County Rates should be levied, there were 10,437. There were in Halifax at that time 1600 houses, and dividing the population outside tho Peninsula by 7, there were pro- • 3a t>ably 14 or 1500 in the rest of the District. Now it nppe'ars,tliat instead of ihc rales beinj:: lalH, as ihey are in all the other Counties, fairly over ihe whole, they ha\e in fact hern almost exclusively paid by the Inhabitants of ihe Peninsula, and those living on the main road, ihis side ofSackville Bridge. Or if ihey have been paid by the out setilomenls,what has bcrrir.e of the money? The only sums which appear on the County Treasurer's Book to the rredit of the out scltlp- menls, between 1820 and 25, is £136 12 10, while since that period noihing appears to have been paid. In 1820 Preston paid £9 6— since then we tind no trace of Preston. If this Townsh ip ought by l:»w to pay nothing, why was this £9 taken — if it should pay annually, why has it not ? or if it has, what has become of the money? In 1821 . Chizeicook paid £3 12 8, and since then we find no trace of Chizctcook. Margaret's Hnv, which is a populous .uid thriving set- tlement, with a popnialion of 783 in 1828, owning 6C0 head of horned cattle, appears to have made two pay- ments only. £15 in 1821 and £7 10 in 1824. It may be said thai the diflficuliy of collecting taxes from these remote places is so great, that it is best to lei thern escape Bui are the difficulties greater than in Anti- gonish, St. Mary's, or any other country district where thev are promptly paid 7 If the general impression is, thai Halifax l)eing so rich and populous, ought to bear all the taxes, and the Sessions have acted on th;it prin- ciple. w!iv then we irusl only conclude that those who hold a contrary opinmn, are under a mistake — tney jTuisl ihen show us why ihcy took the sums I have named and if th'v took any more, why they verc not paid to the County Treasurer. It is barely possible that all the taxes have been resularly raised and credited, but if *\'e make mistakes, the Justices have themselves (o blame. They keep their Accounts in such a man- ner, that no human being can unravel them — the Grand Jury of this year found it impossible — that on which I served, spent three weeks in a vain attempt, although we had the assistance of somt. of the Magistrates, who could not explain their own. And although in the neigh- bouring provinces regular exhibiiions of receipts and expenditures are prepared and published at stated 33 ■pcrlocJs, the miinicipal accounts of Halifax are involved 111 mystery, and thrust us little as possible before the public eye. Tlie Township of Musquodoboit contained in 1828 a population of 1312, owning 3900 acres otcleared land^ rich in cattle and produce, and having I believe but a siui^ie pauper from one end of it to the other ; and yet JVIusquodoboil never paid one sixpence of the County rate — whilo Sewiacke. which it adjoins, and ll»at resembles it in every respect, has I doubt not paid every year its proportion to the sessions of Colchester, Peihaps sums may have been paid, besides those I have named — they may havo gone into the hands of those to whom tjje County was indebted, who ^ave credit accordiuQfly, but no traces of such transactions nppei'r. And let it not be said that the Magistrates nro not to blame in these matters— was it not their duty to have enforced a system of ros^ularity, simplicity and fairness, ihroughoul the District— and have they done it ? I believe about four years ago, when the Grand Jury refused to assess any more — and when they werogoade^' in the Newspapers, they did ask the Asseml)ly for a nevv assessment Act, but the}' always had law enoug-h if they had chosen to do their duty. Had tlicy evinced the same ardent zeal for removing abuses, thallliey have showi, for criminal prosecutions, there would have been no ground of complaint. Grand Jury after Grand Jury complained of these matters in vain, except to disturb the serenity of their worships j but the moment they found a letter that might be con- strued into a libel, then they said. Now we will attack the Printer of the Novascotian — we will bring the action by indictment — he cannot call a witness— the law will find him guilty — Grand Juries will thus be answered, and the community will say that we are immaculate, and that there is nothing wrong. But they will take another view of the matter, by and bye, when we get into the thick of it, Besides ihose I have mentioned, there are 30 or 40 other other settlements that ought to have paid — or, if they have, ought to have got credit. But since 1825, nojiH is given on tho books of the County Tfensurcf. Now you will perceive; that even supposing that upon mmit 34 the Peninsula Ihft r.Jes were fairly laid, promptly col- Iccletl, and equitably disposed ot, inainiuch as all Uie resiofihe district has been allowed to escape, or to pay small sums \uthin along series of years, an im- mense amount must, as this writer «lcclares, have been " taken from the pockets of those who ought nuvt: u> have paid it ;" and that against the neglect and imbe- cility of the Magistracy, this sum most be charged bv the people of Halifcix, whose taxes have boon increased t«» make up the deliciency. The last Grand Jury look this view of it, where they say '' that ihey must bring before the notice of the wosshipfol Court, that the present mode of collecting taxes is partial and un- just, the whole burthen of the municipal txpeiiscs hav- ws to be borne bv a pail of the community, mslcad of being equally divided amongst the whole, and thai thjs evil Is eiitireh caused cither hy the iiicl!iciency or ne- glect of the aulhorily iii.o whose hands the power of collection has been vesicd.'" You will bear m nriind , that 1 have had to preparr this defence from stich infor- mation as was public and not«>rious-— I could not of course apply to thoir worships for any, as punishment not truth appeared lobe their object- but if my owa experience does not deceive me, free access to their books and accounts would not have helped me much, for the Grand Jurv in s dfsirrcl 1 kmurin Ir'on wholul n demand ofXSS or £30 npamst 11,0 samo pinl)-.'u.d who. lindin- o.cal diniculty m ctltin- t. .Ulasl hilonlhorxp.'duMit of dr;«^vln^^ or- lliMS up-." him, for Uio anu nut ol h.s \axcs. Every year. rslhi-OJ.'dor ean.o ro.md, an ord. r was Riy n aiiU t'larrd to the rrrdit o( iho offirrr— l.nt *\hciher Wo omcrrevor n^'id tlte amonnt lo tho County or not, xvouhl, I l.olirvr, p.:zzlc ns all to dnrovrr. Lhaniy vvouM fain ind..co us lo bt liovo thai ho^ did-hui oh . how 1 should liko to see the books. IMv oceupat.o.i i>; sedrotarv— I havonol tho same opporlunitien lor (liscoverinir the dermquoufi.s olthosr parties that oiliers have-hut hero is oiu- plaring raoi,tlr.'.l 1 ^no. Ircm my own knovvlp(!;;e, as an iiiuslraiion of die system. i>lJiny others am said lo ^xi^t■.-c1^. Courno punisl. a ...an lor merely do- '% '"hi^"fin! If Her, ll.o wriu-r of .l.is supposed lil.el, .,•:,";?.:;" >'.:» .ec. -~^-i;r/;;,/i.r r^ Se'^I.:tt 'wo £.'2i;j)'5v o.te of the Just.ces, ;;';;' ro.:,=:^u„l'tion .^ado .y l.im in a-sweMo a c,r " fo'" '"™^';/"Sre4; A lessors will tSx .1.0 most e"o..e""<;,'.l'l'„l°r A „d eve., allow- guide ihem was 'n^ that no corrupli quities their neglect aiul i.pheia such a system, i Sled, what h load of ini- •rruplion exisieu, ".. ,^ia.-4«,i ,g,e?t attaches 'o;!" men wno U,le,a.ea USlCs^V vi 6 f goh ••^.. 38 Governor io ensure my pioscciuion. tlicy ought to have cone to him ten years aj^o, and besieged his gale with clamour and remonstrance, until he lent his influ- ence to the introduction and passage o( laws for the reformation of these abuses ; or until ho strengthened their hands to enforce the law they had. But they fiuffered the poor to be ground, and the rich to be rob- bed, by those exactions—and considered it as nothing — they never impannelled a Jury to try if injustice had been done ; they never even came forward to tell the community that a better system must be devised. In these charges of neglect, I include all the magistrates. The law makes a looker-on at a felony a pariici[>ator in the crime. These men looked on for years — tlioy did not advise the people or the government--nor take any step to produce a reform, till driven to it by the refusal of Grand Juries any longer to assess. Last year I received a summons calling on me to pay my poor and county rates, amounting to about £1—1 attended accordingly, whero I saw a Magistrate, the Cerk, and the Collector, surrounded by several poor wretches who had been brought there on the same errand ; and was accosted with, * Oh ! we suppose you have a check on the County, and that is the reason you have not paid,' I answered, No— thank heaven, I have no check on the county ; but when on the Grand Jury I observed that there were two classes — one who did, and one who did not pay — and having been for six years among the former, I wanted if possible to get a berth among the latter. — (Laughter.) We may smile at those matters, but they are melan- choly. Poor wretches are dragged down to their Wor- ships for no n payment, while they see their rich noigh- bours not paying at all— or not paying a fair propor- tion. If the.se me/' had done their duty, things would not be in the slat? in which they are — the Community -would not be thus excited — time would not be wasted with " endless appeals" — the poor would n 1 be taxed for summonses and suits — the Legislature would not have been tormented with investigations, or His Majes- ty's Council vainly employed in unravelling the maze •—nor would the Governor, the moment ho touched ou»^ shoreS; have been called to examine a svslcm that might '4 s 39 Siiil.le lierc awaited ''l''P"''Ni ''°„„d injuslice, you ■ri,e same system of •"^'1"fJ' ^ .^f if "^ uew BuiW- will perceive, pervades all l'^' 'f^'"' 3,a,„ „ud more i„„ i? .„ be raised, or 'r^P^'^^^f^J.^ey wanted, th« taves are required— the "n."'*. "'°"„f_„. The Fire „o,e grievous a,"^ ."I'P'f -^^ ^.'Son', but what Taxes arc raised f blither oyoi will beir i.. m,nd, becoraes of them « ""';;^Jdy°ab„m expend, tures- Ihatl have no said one wora a ii,e 'collection of all the evils 1 have ^^P!'^'^'', » ™e„endilures, 1 only the taxes. And ■" coming to the expen ^ regret that lam not Pf™'''^h ' ,C one, were she to i„^l,e box, as 1 am ^'I'^f^'f ''"' '„„/ into her soul, tell vou how this system has grouna •'• pj :„ul'd be sufficient to ^f "';;"<;,? °f Xse P-pe'ty Taxes, for the '<■'"'»"«''"" "fCr^ion ate laid as is pulled -Jo-'"*" f»P,^7l!!::!:i:h cannot es- i:;r^::v: ::: "raway. b«t there the hXe stand., all sufficient for the a™»-' ^^l^^^^ numerous instances, after a rate has been • ^ and money awarded, >•<="?, J'^/^Vj^Przen per- the sufferers received ^^^ ^^f'^^X^^l bee„ stand- .ons having c,an.sunsat.fiedhatj^veb ^^ tr^I^d^n-^^bfe^red-^^^^^^^^^ since she received a sixpence , and in t.^ time, the Town owing her ff'^^'^^ Voor and c:u^:;;:a:ernr.te''^ t^i ^^^-^- ---p' -^KitStS;pyra.lo.en.^^^^^^^ -_ ^ ,. -.n tTip Almanack us Justices u« ST, havr;o;;;e hero to prove me a rebcl.b.cuu.o 'i 40 I gave utterance to the compkint3 wlilcli such grievances elicit. Would any ofyou Gentlemen so manage your private concerns ? Would you, \vhi!o you owed a won. an £97 wlncli you refused to pay, cause her to be arrested for a debt of £2? Other similar cases rniglit be mentioned — Mrs. McDonald, who is known to niost ofyou, has never been paid in full. Miss Graham's property %vas pulled down some 15 years cigo, and of tlie sjum awarded her, £50 remains due to this hour. Fortunately for her a respectable Mechanic en- gaged to repair her property for her share of the Assessment — he is therefore yet minus the £50 — he has dunned their worships and their officers time after time to no purpose, and has repeatedly offered to collect the money himself — but they would not allow him to do even this. It is possi- ble that the tax could not be collected — but it is most extraordinary that it sliould be so, when laid on real estate. Why not allow the man to collect his own money ? iJid they dislike that he should see the list of defaulters — or has the money been collectf d and not paid ? Does the balance form aa item in theso inexplicable accounts ? These ques- tions are daily asked by the bufierers, and reiterated by the community, and the facts out of which they arise, justify the suspicion that there is " something rotten in the state of Denmark." Their worships blan)e the Press for publishing strictures on their conduct, but as an excuse for it 1 n,..y mention, that almost the only person 1 know who has got paid in full, was Mr. George Anderson — hira they kept out of his money lor three years, and he only got it after he l»ad attacked them in the Newspa- pers ; while i mention this instance of the power of the PrPSS. 1 rvmv pnnfrr!>tiil'i«Q Wtrv^ r>,r l.j^ riv-s^rtt.; — - - ^ ■ 7 ~ — s-^- — >-f -t,. .. 1 .. .nv%^ I'iiiji vii Ilia V"W\;fl- cnceofita instrumentality. 41 These charges alTect the whole body of my per- 7 Lv must share the blame among them, secutors— they »^^"^\^"f '^, .. .^ „,.oss nee ect n«t -w thev are attributable rathe. logiussu g nihprs whch must deeply atieci ui« j^w otners, wiiju rni •, ;. to me a pauiful task, order to conviace yoa th.tl ">""«* ''""^g^^ f«" ^3 „. some would w-h /"U to - -e;^^- ^ ^,„„ we hRve gone, I think ' "^^^ »'" . hardly bo ,„uniGipaUystem.ssob d, that t can y ^^ worse-and that we noed ^^^^^'^j f jj^, has satisfy ourselves that the figures tins wm "tutThire"';ro"ne7thf establishments under the co^,™uUn;;irworshipswh|clhas.on,beenaud still is a disgrace to the Prov nce^ If >c^h guilty to *'y'.-»X'»£ iff Ct do not^end me the safe keeping "f ""''""'", '"'uove all things, sentinent, and IS aa follows .— ,jj ,^ .. ■l-he Committee found \«f ''!;;'i'^^i- „,„,a. and the Bedding insufficient. I « ;'"''^^,.| „,■ ,,,« „ occupied as a Wood ^«^^"^J^, .,,u„, nridewell, usedby Ml- 'V. II. j^^ Commissioner.as a ^'''>;l«/; '^ ;^' °;'- ,he estub- wood piled out in tire pre. rheU^ro^n^ ^^^^._ shtnent, Mrs. O Unen, auu ,,..\.-cla of flour, Brien, stated to the Co'^^'u If the Bridewell! „,arKed superfine, sent ior he u e 1 th ^^^^^^^ were iu many cases i;oii.pv=>.a ■>. _j 42 grades, sometimes mixed up with com meal. The only case in vvliich a barrel of flour was weighed, it wa« found 16lbs. short That a man by name of P. Walsh, employed as an under keeper, pays 110 respect to the keeper, and g^cs and comes when he pleases. Was absent on Wednesday nearly the wnole day, and when he returned in the even- ing, informed the keeper that he had inspected 196 barrels of flour on Black's wharf That John Cain, a Prisoner, was often employed by Mr. Roach. That John Gilmore, a Shoemaker, was frequently employed by Mr. Roach, in making boots and shoes for his family, and in one case, for Captain Coflin, out of Mr. Roach's Leather. That D. Hefl^Brnan was frequently employed exclusively by Mr. Roach , and that out of four wine pipes, which were charged in Mr. Roach's account, a bathing machine and luckets were made for Mr. Roach's familv." It may appear strange to you, gentlemen, that when I found that five Magistrates had been drawn upon the panel, I did not strike them ofl'— buti re- collected that some of these men had formed a Com- mittee of enquiry to investigate these charges against Mr. Roach; and as they had acquitted him upon the evidence which 1 shall presently place before you, 1 naturally concluded, that if they were so easily satisfied, and so ready to acquit persons charged, that even if I made, like the I ommission- er, no defence at all, I should be certain of their verdict. I trust, however, that 1 shall be able to make out a stronger case than Mr. Roach. The Committee of Magistrates appointed to try him, had, as I am informed, the Keeper of Bridewell and liis mother for some hours in the brick building, undergoing along examination, which did notseen} directed so much to elicit the truth, as to whitewash Mr. Roach. Among the other aflidavits taken was [3 that of Mr. ■ R. liirr^sclf, who swears " that he (lid use the wood house temporally lor his horse- that Ihe Coal was kept in the wood house--and that there was also room for the wood, without interfering with the horse in the wood house. Al- though the keeper, on his oath, declares - that the wood house would not hold the coal, wood and horse." Mr. R. kindly informs us - that he found the provender at his own expense.'' Generous man ! so he did, but it is a pity he had not found a place to put it in-for I understand that the watch house was so crammed with hay and straw, that the poor watchman had scarcely room to move. The keeper admits that he did not see any mixed flour— but his mother positively swears that * her attention was called to a barrel of flour vyhich had Indian meal in it. The baker and her weighed one barrel which was 16 lbs. short, and was composed of different kinds of flour. The two barrels now on hand were sour.' I have been assured by gentle- men present that the charges of the committee were not founded on statements volunteered by these people, but wrung out in answer to questions put to the... by members of the Grand Jury ; and hej-e the woman has proved the truth of every woi;d she told them, by her affidavit made before their Worships. There is a curious admission, however, which m answer to some leading question, ingeniously word- ed, Mrs. O'Brien is got to make— that the Hour and meal might have got mixed, because they stood in the same room'-and she is a so made to say that she Miad seen mixed flour' before she went into Bridewell. But in the face of this woman s atfidavit, see what Mr. Roach himself swears to. Inthe teeth of this testimony he positively denies -. , ^ r. ;,.i. — 1 ^mroa < niivpn. or that any ot llie liour auiwiducu .rt.v. ....—_, -. « short of wei-ht,' although the woman who useU 44 it, and who weighed it, declares that it was. How could he know any thing about it unless he packed it himself? This may be a matter of little conse- quence, but it shows that an oath was lightly re- garded. Mr. Roach admits that * he did employ ;^ain, but he was fed at his house. He did employ jilmoreto make some boots and shoes for hiniself and family ; and also a pair of boots for his friend Captain Coffin ; and for the time he was so occupied, it was his intention to have compensated the Coun- ty on his retirin:; from the charge of Bridewell.' He acknowledges also, thit Hetfernan made a small oval tub, and some bird cages for his family, but then * he found the materials.' Mr. David Roach, the Deputy Inspector of flour, deposes that ' he recollects Mr. R. supplying Bride- well with superfine and rye flour— that witness de- livered all the flour— that it was always good and of full weight— that it was unmixed, and inspected and weighed by deponent.' Now, which do you believe, this Deputy or Mrs. O'Brien ? who tells us that it was mixed— that it had meal in it— that tho baker and her found the only barrel they weighed 16 lbs. short— and that * the two barrels now on hand are sour.' Then follows a little piece of ap- parently superfluous information, as no charge on that head had been made, ' that it was flour pur- chased and kept for sale— that the flour Mr. Roach got by his inspection was never repacked and sent to Bridewell, but was used in the family.' Now I could put a witness in the Box, who would tell you, that in one forenoon that he attended Mr. Roach, he drew out two kegs full of fleur from the barrels he was inspecting, which the man carried home, so that if the fam^ily eat it all, as the Deputy swears, why then — they must have very gooo appetites. In reference to the charge of employing VVulsh, tho I 45 neputv farll.«r swears, that on the .16th. being Tn search of a person to help him weigh, &c. he " met Walsh by accident," and got hun to go wi.h V.rtoXk-s'wharf, where he was only wo hoarsUhat he " never mspectedany, and n^^cr =a«h; W^Kwis^ it l^l-a^ad rsawLT:::^ai;iora:rhi!Cw- ed.e of wething where the barrels were 16lbs short w^s ever employed to inspect and wei^h for .'e Merchants. Bat' passing th.s by, you will „ .hnt ihP worthv Commissioner of Biide- ?v"u^h;:^tLVVm:elfLar of no maten^^^^^^^^^ „ade in that Presentment ; t^e ".os\ "^ ^^''^^f idmitted, the others only denied on the oa'n^ °i Cs^f and Deputy, under circumstances that ren- d it mpossibfethat they should be believed Rut there was another charge against this man of"a seious a nature, that if I had been a mem- h.r ofthc Ma"isterial Committee, I would have sat i Ses ns til! I died, unless he fully cleared up IP nomt or was driven from the Commission. In e accoun7slt in to the Grand Jury $9 per bar- reMvas charoed for flour furnished to the Bride- II l« t is was a hi'her price than would pro- r.l v'benau by his Lordship for the best he could I'm J„ bistable tl e Grand Jury thought it was ale" expensive for the house of correction, md made some enquiries of the keeper, m whose ;ran.e Te wbMe account of £53 19 was made out. He^id h»xn.ew nothing about the prices, that he had oily supplied 3 or £4 of the whole amount but at Mr' Roach supplied the rest, -f handed him an account to copy and render m^ his own _name^ The Grand Jury tiierelore veiurucu ""= /-;.0""- ^r Court, an. insisted on its bemg rendered in the 46 hame of the party who furnished the supplies. It was accordingly recopied and returned by Mr. Roach — but fearing that he had charged the Hour loo high, and thinking the alteration would not be discovered, he struck off 2s. 6d. a barrel, retaining O'Brien's account. The Jury detected the trick, enquired for the copy made by O'Brien — it was no where to be found. Mr. Stewart Clarke, who hears me, handed it to Mr. Roach, but he den'e 1 any knowledge of it, and it was not forthcoming. For- tunately, however, the Jury had retained the ori- ginal account handed to O'Brien to copy, and in that the flour was charged at nine dollar.-?, although in the one he returned he had reduced it to eight and a half Thus did they trap the worthy Coni- missioner. Will I be told that the trilling nature of th3 amount makw any difference in the transac- tion ? If any one of the body who laid this Indict- ment were guilty of such acts, how could they come into Court to prosecute me .'' I make no attPinpt to deceive you, gentlemen — I would rathnr lie m jail for years by your verdict, than forfeit your good opinion. I state nothing to you as a fact which I have not evidence to prove — I draw no inference from facts that does not appear to my own mind rational and fiir. This story of the ac- counts may not be true, but I can bring three mem- bers of the last Grand Jury, as respectable men as any in the town, who will swear to every word. I dare say you will now wish to hear nothing more about the Bridewell ; but only group the evi- dence which the affidavits furnish. There was Commissioner Roach's Horse stabled in the wood- liouse, and the wood piled out in the yard — the provender which he so kindly furnished at his own expense, was crammed into the Watch House — one ofthe prisuners was employed iiiakinjj boots mg. pplies. It d by Mr. the flour ild not be , retaining the triclv, -it was MO who hears en'e 1 any For- the ori- y, iind in , altliough , to eight thy Coni- l nature of 3 transac- his Indict- they come o attPinpt hfir lie m )rf3it your awS a fact draw no ar to my of the ac- u'ee metn- le men as V word, ir nothing p the evi- here was the wood- yard — the It his own House — injj boots 47 „„a .hoe, for ^^^;^^:^::iJt^^:::^ another '"»""''"''" •"'^'"^^ "^^j" ,he vagrant, who Keeper inspeced to Boa . and . h ^ ,.ad no P=>'"«t:u:„t 'uhttancesofsuc.. petty enter. ^ >»" f" ''»^'„t^';„ had his vegetables .n peculation. I '"^ 8'^^., ,,„, j n, feierv pacUed line of theceUs-ano her Ired h s oe^^ y P ^^^ in earth. H h'^ house was to jj,^ i.^. wassentfroroBridewel-an'lolcou .^p^^^^^ ners fed and «•»'%«''. '•''^"'^to "id to one " go like the Ruler >n Scripture who J^ ^^^^ ., „ and he goeth, ^-^./Zt i e th ' n.pector of flour It 13 acorious fact, """ !'f * •' „ „^ j^^ prisoners became ^'o^-StH^ „^"pato;s, tlfey have have been supplied vviin nu ^^^ been fed entirely <>" «/«;''/ _\^^,p^' by supposing, cover any reason (°'J^'^-'f^^^^l^^ Irishman in »'''''*''"^"d\ttUw sbtenTdas part of the the 1 ice, an-^/*"*' 'y', t„ „ive him no potatoes. punishment of P«or Pa ; ;»«;,,„,„„ j can give. Kotro^h2'i»;™ay in fie others forth. exclusive consumption of Aoun ^^^^^ When this man and h s famny v^_ ^^^^ their feet were Pi-o'^^f l!'jf ^^° hatched from gave an f "'-^-^rclry-whrn th'ey were Cis- Br dewell with the ceierj .; t ounty posed to enjoy the '"""jy "[^^''„tf ^'elody of Mii •urnished the tubs ; """J «^^" , "'^ Xo„gi Cages Koach's Canaries, was br^atlied tn y »^^ manufactured at '^«^,P»Xd S-and I afri in- sometimeago.aloet inurK. ^^^ clinedtobelieve.although without ace ^^^^^ ^^^ document, I vvould not sate It a a ^^^ ^,,^ was fully employed ■» J';J;^"= J,, j ,hall be rr:?e.fel}rprin;MmVNewspaperforno.lung,a„a s. ■MP*" 48 then the list of his luxuries will be pretfy complete, I am afraid, howover, that he did not aMticipal« this day. He never imagined that this ** Tale of a Tub"' would have such a general circulation— he never dreamt, when retiring to the bath, that he was really " getting into hot water." Before we are done with him, I fear he will be in condition to take, what poor Sardinia used to call "one vapour bath." (Laughter.) ^ These details may be ludicrous, but mark the moral effect of all this, upon the poor petit larceny wretches confined in Bridewell. They were not sent there for punishment on]y, hut for the purpose of reformation. This is one of the benevolent ob- jects of the law, the main point to be considered in every municipal code. But did not all the prison- ers know what was going on around them— and vyhat would be the obvious current of their reflec- tions ? Would each or would any, under such circumstances, say I am a guilty wretch, and will pray to heaven for a change of heart that shall re- store me to society; or would he reason thus— it ia true, I have been very unfortunate in getting here but I was on the right road ; if I had only had good luck as well as good intentions, I might have been filling situations of honor and emolument— that might have been my horse - and these poor devils who surround me would have been my servants and my slaves. '^'->i is the moral effect of having such Commission- I was amused at seeinir Mr. Roach's averment that he found the provender for his horse—he would have added, had he thought of it, that heal- so found the water for his bath. But while such things are tolerated by members of their own bod' —while they attempt' to slur them over by'paVtwJ investigations— how can the Magistrates of Halifax 49 .1 1 come here to prosecute me, for aiding enquiry, or even for the publication of attacks, however unme- rited and severe ? This is a modern picture of the Bridewell ; but as the letter refers to a period of 30 years, I may bo pardoned for giving a sketch or two of its ancient history. I can recall a period when my father interested himself deeply for the welfare of the poor inmates of that prison. Though a Magistrate himself, I mention his name with ve- neration; and I know that there is not a human be- ing who hears me, that does not participate the feeling. lie never carried the municipal bag — he never took a shilling of the fees to which he was entitled— he had nothing to do with their dirty accounts and paltry peculations. If he was to blame, it was because he could not suspect that ihose to whom these jnatlers were confided, would betray their trust— if he had a fault, it was, that being an honest man himself, he could not believe that there was a scoundrel on the face of the earth. Some years ago, it was his practice to take his bible undei- his arm every Sunday afternoon, and assembling around him in the large room, all the prisoners in Bridewell, to read and explain to them the Word of God— he never filched from them their daily bread, but he sought to impart to them the : oad of life. Hardened and abandoned oa many of them were, they were softened by his ad- vice, and won by his example — and I have knowa bim to have them, when their time hiid expired, sleeping unsuspected beneath his roof, until they could get employment in the country. The person at that time in charge of the establish- ment was such a brute, and reigned over the place with a profligacy so abandoned, and a cruelty so harsh, that having remonstiated with the Magistra- cy in vain, and fmding it impossible to effect his rc- « ! ■»!tKi'lSS«H 50 moval, .ny father left llie establit^liment in difIic peace is Included in the duty of the Ma./i3tracy-and I ask you, gentlemen, /^ ever you knew a town of the size and respectability o Halifax where the peace was worse preserved . Scarcely a night passes that there are not ones o murder in the upper streets -scarcely a day tnai there are not two or three fights upon the wharves. When I lived further to the south, a Sunday seldom went by without two or three pitched battles at the foot of the street— but a police officer or a Magis- trate was rarely to be seen. Sometime^ Mr. Fairbanks, who lived opposite, would endeavour to allay the storm— and once I believe Mr. Lavvson knocked one or two of the rioters down, and drag- cr^d them by the heels to Bridewell, but we never saw any thing of the Police. Boys are playing marbles and pitch and toss all over the streets of a Sunday, without any body to check ihem ; and although these may be trifles, they go to prove the « slovenly system' of which this writer complains ; and show with what zeal their worships per- formed their other duties, where mon«y was not involved. (Having enumerated the salaries ot the Clerk of tL3 Peace, Police Magistrate, ike. m order to show that they were sufficient for the duties per- formed, without other emoluments,) he said that ofthesehedid not complain— every man had a ri.rht to his salary, if it was fairly earned, but wiiat the public complained of was, the enor- mous amount of fees, fines, SvC which went into 56 li no account was ever lud of which it was impossible to ascertain the brick building, of w! given, ana ot wl the amount. For every oath, summons, writ or other process, there must be a fee ; and the more unequally the system of assessment bears, and the more resistance is made to the payment of taxes, the more money it brin«rs to the police. The Committee of His JMa- iesty's°Council demanded some accounts which were necessary to assist their investigations ; these were subsequently sent down to the Assembly, and I was favored with a perusal of them. 1 hough wretchedly confused and incomplete, there^ were gome things in them which astonished me. There were one or two charges of Jj'o made by the Po- lice Magistrate for committing criminals to Bride- well ; and about 40 entries of this kind, 2s. Cd. to a poor man, 5s. to a poor boy, and 7s. 6d. to a poor woman. I doubt if the public were awai;e that there was such a charity in existence, to which any body might go and get a dollar at the county's ex- pence ; but I expect that, after this notice, theio will be plenty of applicants to-morrow. (After enumerating the various ofiences cogni- zable by the Police, and for which fines were ex- acted,) Mr. Kowe said, I had reckoned up the list of persons that had been m their hands for 5 years ; and having ascertained the number, I asked a person who, from the opportunities he had for observation, I presumed would be a good judge, how many persons he thought were,on the average, in the hands of the Police every week, leaving something behind— his answer was 25, but one a week is the average according to the returns. It is curious to see, in looking over these accounts, how irregular and eccentric is the whole polic« ..'V^tem. In the course of twelve months there ara 57 nerliapa one or two persons fined for aelUng ram to InS although drunken Indians are strewed ahout the market place for two thirds of the year. Within an equal period perhaps two or three per- sons are fined for having cows g<"ng »V"^1-' "u then the cows are allowed to go scot free for »" the rest of the year. When I lived next door to the Master of the Rolls, we frequently had four or five wandering about the corners for weeks to"ether. I do not co-.nplain that the Police have „o°t exacted fines eno.gh ; that is not the complain T«ed hy the public, or by the writer of this letter , l,u1 that they are levied by fits and f '^. '" J'" arbitrary and desultory manner, by which the law is made onerous, and yet contemptible. The Jurv will bear in ramd, that one part ol the charge against the Police Magistrates is the extor- tion of smns unauth-'rized by law. Now is .t not .Notorious that for years, when a person went there to complain of an assault, or a crime, before i;ZL. could be obtained-be ore they would issue a writ, the party was compelled to pay ds. 6d For this charge there was not the shadow ot a iaw ; and the pracUco was, I believe discontinued, on the remonstrances of some of the newly ap- pointed Magistrates ; but during the long period it was upheld! the very three and sixpences would rrouTtton'o inconslderablepart of the sum aid « their charge. These may he trifimg matters but they all help to illustrate the general sys em. 1 could put a poor but respectable man •" ''« 7" who would tell you, that having sued annt^^r ft.r a small debt, he met the Constable on the vvha . who told him he had collected it. He treated tl c man in the joy of his heart and expected o h»vo ,„t hi. monev, but was told that he had paid it ■mlS'the office. 'There he applied, but wai in- -.L!^'^W':>^- '- ■■^^^'r-wm - 58 iornied that they would iijake the debtor pay— hut lie had not paid yet. That was the invariable an- swer, and although this occurred years ago, to this hour the poor niuu has not got his money. Another person I know,who has a claim of three guineas on the Ollice, has dunned them for years, and re- fuses to pay, and has not paid, his taxes for the last two years in consequence. I could bring before you in an instant two men, iis respectable as any in town, who served for one year the oflice of Clerk, of the Market. They were very active, performed their duty faithfully — made a great many seizures, and of course a great many enemies ; and at the end of the year they cal- culated that their share of the forfeitures would a- mount to £30. They called at the Office for their money, but were told that the Books were not made up. Again and again they called, and were put off with similar excuses, and though years have €lapsed,they never have received a single sixpence, although they have dunned the office every time they met in the street, it happened that one of these men was fined 2Gs. for a nuisance ; he refused to pay, because the oflice owed him, and to this day has not paid. At this time some altercation arose,and tlie officer (I may observe that it was not ]Mr. Liddell,) called upon one party, and stat- ed that if he would wait awhile for his money, he would pay off the other, *' who was a very trouble- some fellow." Away this man posted to his friend, and begged him not to take his share, unless both were paid. " But," said he who told me the story, " he need not have taken the trouble, for I never had the ovTer." Now those men are apt ♦o reason in this way : ' surely the County never re- ceived credit for our £30 — and as the accounts are never published, and wretchedly kept, how do we Know wl.atl.as become of the other £80,' Would A 8ho.'t time 8i>.ce so„.e injud.c.ous (.-.cd put a notice nto the Uecoider, calli.,g «por. the Com- nm r.ty to come forward, and give ...e any mfor- 1! n„ that miaht be usefal to me on my trial— Sn:.t day I could not get into my office >t was oLTnVtosae the Police Magistrate for £7 l«s. the half of some fines legally due to the Soc.et> . but «h ch he informed me had not yet been paid. "'sCnef these Magistrates,a„d the.r func— es °Lein the Commissioners. Court. I will state Tnl bfstance in illustration of the mode .« which rfpbt a e col e'cted there, and of which I can speak ?rommv ovvn experience. Some persons see,., to ■ -^/.hrthe liberty of the Press, cons.sts .n .■ eL fii-P nrsix vears and never paid foi it, scotianforfiveorsix ye Commissioners [■l'nt;itbr nrthern «o their senses. I singled out one who was well able to pay; the account was „T The fees paid, and the Magisterial mach.- proved. the tees pa , ^^^.^^ ,^.^^^ ^^ S'thc .none attend- dom had en a toy ng paid — Iding, the ecks at a they were has heen ising from zks of the utely broke system as c servant ? robbed by checks of ;d about the d no purcha- 3 1 forgot to ,f the Grand ,unt came in one of the higher than lny°Vom the same vessel by a member of the Jury; the Truckage was also charged, although in the general truckage account the same items appeared. A noise was made about this, and the Magistrate confessed he errors, and offered to refund the money to the Foreman of the Jury, who of course could not re- ceive it. , #. ., . Now, Gentlemen, upon a calm survey of this case, as I have put it before you, can you under that Indictment find me guilty of a malicious hbel . When you have examined the hardship, inequality and oppression of the Assessments, the disposition ofthe Fire Taxes, the miserable but costly cor- ruptions of the Bridewell and Poor House, he inefficiency of the Police, the malpractices of the Brick Building, the delay of justice m the Commis- sioners Court, and the confusion of the accounts, instea I of punishing me for what I have done, what would you have said if I had refused to do it ? Would 1 not have betrayed your interest and the in- terest of the community, and forfeited the cha- racter of my paper, if I had suppressed this letter ? I have not attempted to prove to a line the charges which the letter contains ; that would bene de- fence ; but I trust 1 have shown you,that not only had I no wicked or improper motive in this matter, but tliat there existed a great and overwhelming public necessity, that rendered my act one of virtue, not of mulice ; or at-all events which proves, that there was good ground for my belief that I was doing a duty, not committing a crime. So satisfied am 1 of the lustice of my case, that I believe I might rest it here-and confide myself fearlessly to your firmness and discretion. But you will perceive that the recorded sentiments, and deliberate pro- ceedings of grave and responsible Bodies, justify all I have done. With the exception ot th 64 thePre,cn...,entofthe Grand J"'y,?' {'''^,«'ft,,'?[ Cher person '^f^^^.^r'^^^ in me rrest.111 proportion of jmpropeiiyuuBi F convenience, nnd Tmon^ycan therefore be ol.alned '" /f-y '^e current expenses, and to P;°'"'l'=,f^„''"',, ,",'^':^„;"„ cahlv necessary services of the town , Hat "o"'-' ne^ on ,n consequence refuse to pay then- t«es recluse , hey ha,l clauns on the County for wnch they cannot obtain payment ; and otheis »««"",• they huye demands against the Officers of the CoL that the credit of the County .. al«o b'e Y so bad, that an advance of forty or fifty pei cent (v„„ vviU remember that I said 20 or uO) is re^ quired in all purchases made on «s account, .-.:- fji 65 tnd I that in many caies credit caniiot be allowed at a'l : that checks on the Treasury are lloating aboat in the market, and cannot obtain purchasers even at a large discount. That the public establishments are inade matters of private convenience and emo- lument, aiid thai when the Grand Jury, in the per- formance of their duty, institute an enquiry into the disorder and abuses', they are refused the neces- sary information from the otf.cer whose duty it ii to furnish it." They declare that they have come to the '* snme unsatisfactory and unpleasant result as their prede- cessors for many years past ;" and that "many years experience has proved the utter inutility of pursuing the beaten track of remonstrance and complaint." As regards the accounts they say, after noticing the correctness of those handed in by the Commissioners of Streets, "that they wish it was in their power to mal''^ the same favourable report of the other public accounts. In the course of their investigation the account of the Commis- sioner of Bridewell has come under observation, and the Grand Jury are sorry to have to state that the nature of it is such as to preclude the posslbi- bility of reporting favorably thereon ; they are therefore compelled to return it to the Court as beinjr incorrect and totally inadmissable." *' They are also compelled to return :he County Treasu- rer's account, which to them is incomprehensible; not so much from any fault originating with the Treasurer, as from the confused manner in which the public accounts are arranged. Suitable vouch- ers do not accompany this account, one of which especially, an account from ihe Collector of tho Taxes, and for which the Grand Jury applied, and was informed by the Collector that his worship ihe Gustos Roialoruni imd forbiddcii hmi to fur- $w\ 66 nisyi it ; the connection between that and the other public accounts, and the confused manner in which the whole are stated, render it utterly im- possible to arrive at any correct conclusion aa to their accuracy. The Grand Jurors are therefore necessitated to return them unaudited. They have provided for the claims against the County, al- thout'h they are by no means satisfied of the cor- rectness of the statements in which those claims are embodied.'* Now, Gentlemen, was it decent for men against whom such charges were publicly made by an au- thorized and rr^pectable body— charges which re- mained unanswered and unexplained —to single out a prmter, and attempt to make him a scape goat for their oftence ? When those abominations had withered and swelled, and when the odour of them offended the senses of the community, instead of removing the nuisance, they said, we will cover it up with a bill of indictment, lay Joseph Howe on top of it, and having sacrificed him, no one will attempt for years to dist irb ne ashes, and we shall have peace in the land The Governor's opinion of these matters may be gathered from the Message to the Assembly, where , in calling attention to the state of our Municipal affairs, he says, that the revenues " annually a- mount to Thousands of Pounds," which are rot *' satisfactorily accounted for ;" and he concludes by requesting them to provide a remedy fo: the evils of *• which the Grand Jury have, in his opi- nion, justly complained." A Committee of His Majesty's Council was appointed to investigate these afl'airs, and the Sessions sent a Committee to confer with them, and, as their Resolution ex- ryroaaaa it ** tO ni^dril tllP BJliH Pommittee SUCll general information r specting the Magistrates, aa the otlier^ manner in utterly im- islon 33 to J therefore Tliey have "ounty, al- of the cor- i claims are len against B by an au- 1 which re- ) single out scape goat ations had )ur of them instead of ill cover it I Howe on ) one will s, and we ers may be bly, where , Municipal annually a- ich are not e concludes edy fo: the in his opi- tee of His investigate )mmittee to lolution ex- nittee such gistratcs, aa 67 u w nc ',M their ' laim to the respect and conii- ?en e ofth t bo d and of the public.'' Now we UalU :; by the Committee of Counc.l.Kepo^^. r„'?hnSrVrRr™Btr^hth%^have „ile there was a mistake of H. against the County. •^^rhe Committee of Councj addressed o-jc-'f,'^'" 11 .1! M».Utrate3 To these they state but ? V answefs we received, and their import ge- It^Uy-rek-a-im^^^^^^^ f„'lmTo-t1mpert."'n^^^^^^^^ win sLre the ^te'^luts w lilr'^e hl/e bcay chargeable with the abuse w^^^ ^^^^ ^^_ rr and°;tm ntt be m„ch allayed.when I read rthemrhe^roesentin by the worthy Commis- lier fo. Bridew.n. Mr. Roach says: " Sir I weal " Now, who ever suspected that ther. was Tv diHsafisfaction emanating from or »• ong the ; the community there was «« P^^^^' ' -^^ there was greet unanimity and ease m the anc.en^t Star Chamber, at the very umt; vuat vhv «^^-^-. 68 it oppressed was shaken with distraction and alariii. But, adds Mr. Justice Roach, " As far us I have been made acquainted with the accouuts of the County, under the controul of the Justices in Sessions, they have been readily understood, but I am sorry to say that the means for liquidat- ing them have not been forthcoming. From the imperfection of our assessment laws, and from the refusal of Grand Juries to vote monies to meet the demands on the County, and a desire manifested by that body to bring the lAIagistrates into disre- pute." Bring them into disrepute, I wish for his own sake that this worthy Commissioner was only entitled to our contempt. The Committee of con- ference " seemed willing to admit that the affairs of the Town were not conducted in a satisfactory manner, yet they declined to state what they con- ceived to be the cause of the evil, or to suggest any suitable remedy ;" the Committee of Council had therefore " to form their own opinions from such materials and evidence as they have been able to collect :" Under the head of' jjlagistrac y gene- rally,' they refer to the act of 1799, which compels * all IMagistrates' to attend a general or quarter ses- sions, to transact the '* public concerns and regu- late the important business of the County," under penalty of removal from office — and state that from the record of 5 years it appears that not more than three Justices have usually attended the Geyiera/ Sessions of the Peace in Halifax — fre- quently but two, and sometimes only one. This practice the law does not sanction, but ** wag passed for the express purpose of preventing it.'* From this it appears that jWr. Roach himself may sometimes have formed a General Sessions of the i'euce, and then of course there "were no com- plauuis omanatiiig from or aniong" that luiiPuCuluto 09 body. '* The Public Accounts do not appear to have been kept in that accurate and methodical manner so necessary to give general satisfaction. No clear views of public income and expenditure are exhibited. A person desirous of obtaining in- formation upon one subject, must make a laborious search through complicated accounts of great variety and length, and perhaps through a series of years, and may at length discover the object of his search, in accounts where it could not be expected to be found. The Commissioners of Town Property have not kept their accounts in the manner con- templated by law. There was no rent roll. I\o separate account of Rents received and expenditures for repairs was exhibited to us, but numerous entJt s ef this nature are promiscuously made in accounts signed by the County Treasurer, By these accounts we could not ascertain whether all Rents have been paid, or what sums are in arrears, or what accounts are outstanding for repairs." We have seen the evidence upon which the Magistrates acquitted the worthy Commissioner for Bndewell — let us now see whrt the Committee of Council think of that acquittal. They say, under this head, *' the affairs of this establishment, and the impu- tation of mismanagement generally, and pointedly against one of the Commissioners, was made the subject of a special presentment by the Grand Jury. The sessions made inquiry into the circum- stances, and transmitted to this Committee several affidavits relating to the subject, without expressing any opinion on them. The affidavits, and the pa- pers connected therewith, are submitted. As thr IVtagistrates have expressed no disapprobation ol the conduct of a person united with them in the Commission of the Peace, and delegated by them to superintend the affairs of an important esvablish- % 4 ^1 70 meut,the committee will refrain from stating any stronger opinion than an expression of their regret, that from the unsatisfactory manner in which tiie accounts were kept, and the affairs of the Bride- well conducted, the Grand Jury had grounds of complaint. " The accounts of the County Treasurer have been kept in so confused and irregular a manner as not only to justify the Grand Jury in their complaint against him, but even to subject the Court of Ses- sions to reproof for permitting an officer under their controul so long to continue the practice of making up his accounts in a manner so unsatisfactory, and so little calculated to show a clear state of the pe- cuniary affairs of the County." Hire again, I feel that I could rest my case, but let me beg you to bear with me yet a little while. We Iiave an important duty to perform— let us do it more faithfully than the magistrates have done theirs. Were 1 only concerned, I would not fa- tigue you further at this late hour, but the princi- ples to be tixed by your verdict will be important to your children and to mine. While all the im- pressions which I have endeavoured to convey to your minds pressed strongly on my own, this letter came into my hands. And although it has since been voted a libel by the Sessions, and has formed the groundwork of that terrible indictment, I assure you it appeared to me a very innocent affair. I might have said there are some wild charges- some loose calculations here -but if this body will cover up corruption, if they will stifle inquiry, and brave censure year after year, why let the charge go to the public, and perhaps it may arouse them to do at the ninth hour what tuey ought to have done at the fust. 71 The letter commences vpitli a quotation from Shakespeare : ** There is no truth at .ill i' the oracle, The Sessions shall proceed — this is mere false- hood." And surely I could not have ftmcied that the Magistrates would vote Shakespeare a libel. There was one of his characters that might have looked a little personal, that of Mr. Justice Shallow, for some of their Worships are shallow enough. But where was Mr. Justice Deep ? That was a character that even the fruitful imagination of the inimitable Bard could not have conceived. On ! if the Com- missioner for Bridewell, or the Magistrate that bore the Resolution of Tuesday, could have sat to the pride of Avon, then indeed we should have had Mr. Justice Deep, side by side with Shallow, and a precious pair of portraits they would have made. (Laughter.) I have already said, that if the alledged Libel did not contain one word of truth — that if it killed half their worships, instead of merely exciting them, you could only try me by the motives and inten- tions by which I was influenced. The law infers malice from the publication itself, and it throws the onus of rebutting that inference on the party ac- cused. To rebut it, he must do as I have done, explain the reasons for his conduct, and show that he was innocent from ignorance, or that some pub- lic exigency justified him in violating the strict rule of law. Have I not done so ? which of you, in my situation, would have dared to do otherwise? If this doctrine of intention were not clearly recog- nized by the English law, and if the Jury were not made the exclusive judges of the circumstances safety for the Press!, no freedom of discussion at 4 iv all. God f«)rbid th&t I should attempt to set tli6 Press above the law ; society should tolerate no privileged cl iss that are not amenable to it. I en- deavour so to perform my daily duties, that I could at any time come before a Jury and justify my conduct if required. If, influenced by hatred and malice, I publish matter, the tendency of which is injurious, and which is justified by no public ne- cessity, let me be punished with the utmost rigor of the law ; but if in pursuing my lawful calling, I seek the public good, even if I commit an error of judgment, I have a right to protection from a Jury, and from a liberal construction of the law. Siarkie, an emiiient dutliority on the Law of Lihel, says " the occasion and circumstance of a commnm- calion may supply a qualified defence, dependant on the actual in'enlion to injure. 7 he constnutmg a large and extensive barrier lor the legal protection and immunity of those who act l.ona fide and sincerely ac- rordint? to the occasion and circumstances m which they are placed, is not only just in a moral part of view, and advisable as a meabure of policy, but is abso- lutely necessary for the purposes of.'civil Society. Were the more probable etfect and tendency of a pub^ lication to be the criterion of guilt, without reference to the real motive of the author and the occasion and circumstance under which he acted, the rule would be far too exclusive for the convenience of mankind, and the evil resulting from the publication would great- ly oulwei'^h the opposite advantases to be derived from it. It is indeed very possible that a party, actuated by the very best intentions, may propagate errone- ous notions, but so long as he urges these opinions bona fide believing them to be just, and intcndmg to do good, his errors are not likely to prevail against the belter sense and judgment of mankind to a very seri- ous and prejudicial extent 5 and the continual and ca- sual publication of erroncons opinions cannot be placed in competition with the splendid advantages which flow from permitting fuii and lair diseu.=^sion on cvf^ry subject of Jrtlereol to mankind, as connected witti re- 73 '^igion, polilics, philosophy, ami morals. The security ofthe public in this respect is amply provided for by distinguishing ' elvveen that which is published with a sincere and honest though unsuccessful intention to do right, and malicious attempts to injure society in gene- rator individuals in particular, by profanes blasphe- mies, seditions, or defamatory communications." And again he says, " in reference to the criminal, as well as the civil branch of the subject, the occasion •^md circumstances of the communication may furnish eillier an absolute and peremptory bar to criminal responsibility, or a qualified one, dependant on the par- ticular motive and intention with which the party was actuated in making such communication." '' The ad- vantages of free and unrestricted communication on all political subjects is great and reciprocal j if the peo- ple h;ive thus an opportunity of forming and cxpress- insr their opin ..;s on public* measures, thaso who ad- mfnister affairs have also the means afibxded them of becoming acquainted with the disposition, sentimentff and wishes of the people j of availing themselves of beneficial and useful suggesli;»ns, ol affording explana- tion and redress where complni.its are well founded ; in short of securing ihat cst'..;ni, respect and confidence, on the part of the people, winch are essential to aa useful and vigorous administration." " Where" says he" the willful act of publishing defamatory matter derives no excuse or qualificatioii from collateral cir- cumstances, none Criu arise from consideration that the author of the mischief was not actuated by any doli- borate and malicious intention to injure, beyond thafi which is necessarily to be inferred from the act itself.*' This is reasonable and right—and if f had published that letter, while no complaints prevailed against thc» Sessions-— il I willfully sent such a charge abroad, hav- ing no good ground for believing that it was true, and that int^estigation was necessary, then would I have grossly overstepped the line of mV duty, and subjected myself to the penalties of the law. Hut, says Star- kie, " the liberty of the Press, and rational fieedom of public discussion, are the real bolls and bars by which nioiie depredators on the religious and political nghiss %f society are t» be shut out/aud the uitwgsi* of th» 4'k community preservetl. To destroy these would be, fit a political sense, to sleep with the doors unbolted, with* out the poor consolalioa of being able to hang the thief." . . ,. In the trial of Perry, the Attorney Gfneral, in hi3 opening to the Jury, observed, " From the iJench you will hear laid down from the most respectable autho- rity, the law which you are to apply to those facts. The right of every man to represent what he may con- ceive to be an abuse or grievance to the Government of the Country, if his intention in so doing be honest, and the statement made upon fair and open grounds, can never for a moment be questioned. I shall ne- ver think it my duty to prosecute any peison for wri- ting, printing and publishing, fair and candid opinions on'lhe system of the Government and constitution of the Country, nor for pointing out what he may Honestly conceive to be grievr.r.ces, nor for proposing legal means of redress " It has often been thought strange that truth should be a libel, but it is very reasonable nolwilhslanding. If a man throws a cup of coffee in his wife's face, and I publish that in a Newspaper— though it may be true, yet is it libellous—because there is no public end to be served, and I have no right to invade the sanctity of private lire. Erskine, through vvh»se exertions the declaratory Act was passed, confirming (he right of Jiiiies to decide on the law and the facts, ind whoso views of the true bear- ing of the law of lib J are now generally recognized, says in his defence of the Dsan of St. Asaph : " I come now to a point very material for your conside- ration 3 on which even my learned friend and I, who are brought here for the express purpose of disagree- iiii; in every thing, can avow no difference of opinion, oo'which judges of old and of modern times, and law- yers of ail interests and parties, have ever agreed j namely that even if this innocent paper were admit- ted to he a libel, the publication would not be crimi- pal, if you, the Jury, saw reason to believe that it was not published by the Dean with a criminal intention. It is true, that "if a paper, containing seditions and li- bellous matter, be published, the publisher is prima forift gi>;,!ty of sedition; the bad inteatiou being ale- 75 ral inference from the act of publishing j but it i» equally true, llml he may rebut that in(erence by show- ing that he published it innocently." Havel not ill 4his case utterly demolisiied the legal inference ? And again, says Erskine, in the languago of all the law books, " the hostile mind is the crime which you are to decypher." Has my mind been hostile ? Where is the proof of malice ? Sir James Mackintosh, in his defence of Peltier, 5ays :— ,« A Jury must be convinced before they iind a man -uilty of libel that his intention was to libel— not to state facts vvhich he believed to be true : or reasonings which he thought jnst." Ho fur- ther declares, thiit " This is the only offence where se- vere and frequent punishments not onljj intimidate the innocent, but deter men from meritorious acts, and from rendering the most important services to their country— they indispose and disqualify men from the most important duties which they owe to mankind. To inform the public on the conduct of those who ad- minister public affairs, requires courage and conscious security, ft is always an invidious and obnoxious office, but it is often the most necessary of all public duties. If it is not done boldly it cannot be done effec- tually j and it is not from writers trembling under the uplifted scourge, that we are to hope for it." There is a passage in Curran's defence of Hamilton Rowan, that applies so strongly to this case, that I may be pardoned for quoting it :" and here, gentlemen, I cannot but regret, that one of our countrymen should be criminally pursued for asserting the neces- sity of reform, at a moment when that necessity seems admitted by the Parliament itself ; that this same un- happy reform shall at the same moment be a subject of legislative discussion and criminal prosecution. Who can avoid feeling the deplorable impression that must be made on the public mind, when the deniand for that reform is answered by a criminal information. I will not declaim, Gentlemen, on the value of free discussion— but I will trouble you on this head with one other extract from this speech of the Irish Ora- 4«,. «f*gj oiinHlno- to the effects of the penal sta- iie asks— ''^ what then remains 1 Only the iutes ra li!)erly of thp Press, that sacred palladium, whish, {\o iiiiluence, no power, no minister, no govern- ment, which nothing- but tho depravity, or folly, or corruption of a jur^ , can ever destroy. And what ca- Jamity are the people saved from, l>y having a public communication left open to them ? I will tell you, gentlemen, what they are snvydfromj 1 will tell you also, lo what both are exposed by shuttina^ up that' communication. In one case sedition speaks aloud, ;tiid walks abroad j the demagogue [doubtless the Ses- ^ions believe me to he one] goear forth, the public eye is upon him, he frets his busy hour upon the stage; but soon, either weariness, or bribe, or punishment, or disappointment, bear him down or drive him off and he appears no more. In the other case, how does the ■work of sedition go forward ? Night after night the muffled rebel steals forth in the dark, and casts ano- ther and another brand upon the pile, to which, when ihe hour of fatal maturity shall arrive, he will apply the flame. If you doubi of the horrid consequences of suppressing the effusion of even individual discontent, look to those enslaved countries where thr; protection of despotism is .supposed to be secured by such res- traints 3 even the person of the despot is never there in safety. Neither the fears of the despot, nor the ma- chinations of the slave, have any slumber, the one an- ticipating the moment cf peri!, the other watching ^thrt opportunity of aggression. The Ai'al crisis is equally a surprise upon l)oth j the decisive instant is precipi- tated without warning, by folly on one side, or by phrenzy on the other, and there is no notice of the trea- son till the traitor acts." In looking into Hone's tiials. Iwas amused- with n verse or two of one of his parodies, to the sentiments of which, after the labors of the day, I think we shall all respond :— *' From Taxes Assessed, now raised at a nod, While Inspectors rule o'er us ivith their iron rod, And expect homage paid them like some demJ-god, Good Lord, deliver us \ 77 Anddislinction's a stranger Jo birth, sex or og« ; Lame and Blind; all must work, or be coop'd in a cage; Good Lord; deliver us ! From six in a bed in those mansions of woe, Where uoihing but bcardS; nails, and vermin do And from picking of Oakum in cellars below, Good Lord; deliver us ! From Si'tkingg of Deef, old, wiiher'd and tough, Bread, like fcjaw-dujit uud Bran, and of that not enough, And scarcely a rag to cover our Buff, Good Lord, deliver us I Tht> word Oakum reminds mo of some other luxuries \vhich may hp. enjoyed by Commissioners, in virtue of the palronaj^elhey possess. But I will not explore the recesses of the Oakum Rooms— they have not spared mc, but I shall be magnanimous; aad have some mercy upon them. I had marked many other passages, expressive of the opinions entertained b}' the most eminent British authorities, of the services rendered by the Press, and the benefits of free discussion. I had also prepared many references illustrative of those principles of law which I have already stated, and which show with how much care the Press lias been protected by the spirit and practice of the law Id modern times. But night is losing upon us, and I have already trespassed large- ly on your patience ; i shall therefore conclude with a brief notice of the case of the King vs. Reeves ; on an ex-olficio information, for a libel on the Constitution : " The Attorney-General, in his opening, stated that this information had been filed by him by the direction of His Majesty, in consequence of an address of the House of Commons to him for that purpose. The House had resolverl it to be a malicious, scandalous .and seditious libel, tending to create jealousies and divisions cuiionifsl iiis Aiinjesly's liege subjects, and to alieuale the affections of the peoplg of this country 7S from tho Constitution ; pursuingihis resolution, chnrg««d the Defendant with an intention to cnuse it to be believed that tho regal power and government of thin realm might, consistently with the freedom of ihis realm as by law established, be carried on in all ill functions, though no Parliaments were holden j and the fourth count stated tliat it was done with intent to bring me power of the two Houses of Parliament Jinto con- tempt. The question for the opinion of tho Jury, he said, was whether the Defenclant had published t^'- book with the criminal iulention charged in the infor- mation. If, on reading the whole of the pamphlet, the Jury should be of that opinion, it was their duty to find the Defendant guilty 5 but if, on the other hard, they should think that this was a mistaken execution of a good purpose, the Defendant was entitled to an ac- quittal, lie did not call for a verdict upon on inac- curate expression or ill-considered argument, if used with a good purpose. " Plummer, for the Defendant, argued the merits of the pamp' !et at considerable length, contending that the bc')k wa:, published for a good purpose to counteract re- publican principles, and that the defendant was worthy of praise, and not of censure, for the publication. " The Attorney-Cieneral replied. " Lord Kenyon said that the power of free dis- cussion was the ri^ht of every subject of this country. It was a right to the fair exercise of which we are indebicd more than to any other that was ever claimed by Englishmen. All the blessings we at pre- sent enjoy might be ascribed to it. It opened the way for the Reformation, and afterwards for the Re- volution, and by its means were men eriiancipated from religious slavery in the one case, and the tyranny of the Stuarts in the other. When right was abu&ed and excrescences arose, thoy might be lopped off, but at the same time, in a free country like ours, the produc- tions of a political author should not be too hardly dealt with. In this country a Defendant could never bo crushed by the name of his prosecutor, however great that name' might be : this was not the first prosecution commenced under the direction of the House of Com- In the TCintr v. T— — — — — — ---^ SiockdaLt 79 iho House ol Commcni were also ih pro'^riitors, but ih« Ufiiidarit in that case was not vvei^rjicMl down hy :;i ■ ' gilt of the prosecution, nor did llie Jury hoM then, selves hound to find tlie puUlicaiion h lilu^l IK ca se the House of Commons had voted it to bo « u The Jury were in that case advisero- tecled by the law against tiie wliole power of the House of Commons, as y ur verdict will protect me to day against the persecution of the Sessions. With- out this doctrine of intention, the Law, instead of being the parental guardian of the Press, protecting its lawful acts, and checking its abuses, would be a tyrant binding it with chains. It has been said by the eloquent JVlackintosh, "that an English Jury is the most refreshing prospect that the eye of accused innocence ever met in a human tribunal ;" I feel this day that the scntinuMit is just. An English Jury will do justice to the poorest wretch on earth, though menaced by the proudest oppressor. The victim 'may be bound, and prepared for sacrifice, but .in English Jury will cast around him the impene- trable shield of the British law. Gentl.^men, I feel that your verdict will rescue me from the perils syith which I have been environed. You will not deli\^er 1 i:|i i! ■M' 80 •m-e over to the t; iider mercies of the Sessions. You wift tell these jobbing Justices that ihey should have como into Court with clean hands ; that they should have " set their house in order"-their Poor House and their Workhouse, before they came to clami a ver- dict to repair tlieir roiten reputations. You vm i not send me to serve the Commissioner of Bridewell nor permit them to make me the lirst tenant ot the btocks ihev erected in the market place, but never have used. r thought of catherins: from liie Newsf>nper ftles the various attacks that have been made Irom time lo time upon the Sessions and iheir Officers m order to exhibit to yo.: ihe gradual swelling of this volume ot abuse of which llieir Worships comp air.. J he task would have been an amusing one, and although it vvoulu pro-e that my persecutors had been for years deat to Ine complaints of the community, and had onl> become sud- denly sensitive, when they thought the whole might he answered by a Bill of Indictment, the process would have been tedious, and I have already taken up loo liijch of your time. . Gentlemen, I have thus gone over the facts that rested on my mind at the time I published the alleged Libel— r have shown ihe bearing and depth of the im- pressions they made ; and have, t trust, convince^cl you, oftheentire absence of any ...uiicious motive. 1 liavo have also stated to you what 1 believe to be ihe sound and rational construction of the English Law^-anc l have read lo you the eulogiums which Bntons on tUo other side of the Atlantic have passed on the value oi the Press. I now put it to you— wheihcryou will not, as an English Jury would, take all the ciixumsiaiu'ts ofihccdse into consideration to rebut the h gal intor- ence of malice ; and I ask you, if you will uoi extend Ho the Press of your country, the same r?itional protec- tion which the British Press enjoys ? Can you err, ni following the example of that country, which has been so Ion- the home of liberty—whose noble Institutions have been the buits of free discussion, and under whose banner and whose laws we are now assembled l 1 do not ask vou to set the Press al ove that Law which Coke calls,"' * the perfection of reason •,' but 1 ask you to cleajise me in that wholesome stream of British ati* SI tuorliics rpvered at hom^-, alone, ir we cannot stand against its assaults, we deserve to fall. That, I doubt not, would have been his advice to the Ma- gistrates had fu'\y deigned to consult him. But Oh ! had I his powers of oratory, how I could have set this case before you I '^ ! 84 I ** Were I Brutus, And Brutus Anthony, there were an Anthdny That should move the very stones," not of Halifax to mutiny and sedition, but the broken stones in Bridewell to laughter and to scorn. The light of his penetrating intellect would have revealed the darkest recesses of municipal cor- ruption ; and with the hand of a master, he would have sketched the portraits of these jobbing Jus- tices, and hanging them around the walls of Cride- welJ, would have damned them to imperishable re- nown. To the gentlemen of the Bar, who surround me; my thanks are also due. They have sympathized with the Press in this its day of persecution ; they have sent me books, and volunteered assistance ; and although the Press sometimes bears upon them, those who are and will be the brightest ornaments of the Profession, have been most forward in en- deavoring to sustain it. Their studies teach them the value e discussion — they know the obli- gations w* nglishmen owe to the Press ; and they well kn^. ,/, that as the securities of life and property were strenglhened by its influence, so would they be destroyed beneath its ruins. Gentlemen, I must apologize for the time which I have occupied, and for the errors and imperfec- tions of this defence. But I now leave it in your hands, confident that you will discharge your duty and do nje justice. I have never shrunk from responsibility, and I will again remind you that I would rather be cast into a prison for years, tha* meet you in after life, to reproach me with having misled you this day by false statements of fact or of law. I have not done so, and I feel that I am entitled to your verdict. The Press has constantly vindicated and maintained the independence of 85 Juries — English Jtiries have been the steady friends and protectors of the Press ; and I now commit myself and the Press of Nova Scotia to your keeping, asking only for Justice sanctioned by English Law. [Tlie delivery of this Speech occupied about six hour* and a quarter. The Dsfcndarit was frequently interrupted by expressions of popular feeling-. The Attorney Genoral rose Ic reply, but was interrupted by the Chief' Justice, who said, that as the hour was latf,ancl the Jury !iad beeu confined so lonj;;, it would be better to adjuurn the Court. Mr, Murdoch remon- strated — Mr. ilowe, he believed, had brought his de- fence to a close much sooner than intended, in order to avoid the necessity of adjournin:^ the trial. It woulcl be unfair, therefore, to allow the other side the ad- vaulns^o of the n!n:ht to reconstruct tlieir case. Mr. Howe beo-ired :he Court to believe that he did not wish to shut out any thiui:;' that could shake his state- ments — all ho wished was to have the matter ofl' his mind. The Jury were consulted, and the Foreman expressed their wish to remain— it was therefore de- termined to do so, but the crowd and the excitement be inij;- so 'Treat, and the difficulty of preserving order evident, His Lordsiiif) ndjourned the Court. On Tues- day morning the trial proceeded.] The Attorney General then rose, a^nd epoko as follows : My Lords, and Gentlemen of the Jury, ii\ callinj; vour attention to this case, I will endeavour to divest it of the amazing importance which has been thrown round it, and bring it duwn to ihojo plain rules of law by which alone it must bo decided ; and I trust Uiat you hove come here thia morning, as I have, disposed to give it a cool and dispassionate consideration. One would suppose, from the vast assen^biage around us, and from the feeling manifested, that this was a novel proceeding in Courts of Justice, and that somo out- 86 rnge on ihe rijjlila of parties was about !o be com- iiHlted. But there is no such ihiiig — we , have to deal with a plain question brought before us by the ordinary modes of proceeding, and to be defined by the rules oflaw'. I will not attempt to travel over the defence made by the defendant in this cause — I am sorry to meet him here. He is a personal friend — but the feelings of friendship which I entertain for him will not prevent mo from doing my duly. Indeed feoling^J of all kinds ought to be disinidsed from your breasts and from mine, for ihey have been well described by an eminent authority to be the ** quicksands of the law ;" for nothing but the cool operations of the mind, influenced only by evidence, and the plain prir;ciples of the common law, can be efiectual in keeping the peace of society. It has been said, and I have seen it published in the Newspapers, that when the INIagisirates read their Resolution to the Court, their Lordships rn- ferred them to nie as their Counsel, to direct them to the object of their wishes. 1 beg to state that I am acting here as the Officer of the Crown. 1 am not the retained Counsel of these parties, if it had noi been for the situation I held, 1 might have been ; my learned friends who have conducted this case are their Counsel ; I have no interest in the matter, 1 had no wish to interfere ; but placed as I arn at the head of the criminal law of the country, and called on in my ofHcial capacity, I should be wanting in my duty if I did not state those rules and principles which (he wisdom of our ancestors has considered essential to, the public peace. If the peace of society is broken, who are to repair it ? Not the Press, that is not the tribunal, but the Officers of the (Jrown, the Corns nnd Juries — therefore it is that thojd in authority ought to 87 > speak ihe scntimentsof the law, that lliosa things tnfiy be suppressed which would lead to breached of the peace, and to every man becoming his own avenger. The de^'endant in this cause has had every op- poitunity of staling his case, as 1 trust, while I hu'd the olHco of Attorney General, every man EMJiilurly accused, will have. He was under a mis.ippiehension, however, when he supposed that an ex officio Informalion could not have been filed, Lut upon the oaihs of the parlies charged, ne^ntiv- ir<» the truth of the charrren i could have proceeded by that modo, but I have never been inclined to ride upon the prorogaiiva of the Crown, and I the^refoie laid tho matter bofore the Grand Inquest of iho county. I nevf;r shrink from my duty, but sprU to perform it in accordance with the establish'' ed forms of the constitution. One gentleman named tho oher course to me. but I said no— I will proceed by the fairer modo of indictment. I am proud that the defendant has done mo justice in this re?pcct. A (opy of the bill of indictment was furnisiiod to him, and ho has had liberty to defend liiuieelf— and in doing so, he hiis stated a great variety of things which could not bo evidence, which are mere hears'iy, and which the Court would not have permitted Counsel to use. 1 a:n glad however that ho has had every facility for making his defence. Ad something has been said about the mode in which tho Magistrates have sought ledreps, I must inform )'ou thai no private action would lio upon the publication. When an individual is slaniered, he can brinj; his private action, and i„'l» honorable feelings^ nnd otherwise of groat humanity, aa denying them tliis altern-Jtivo, und demanding that they shall vindicato tiwinsplves. &^ome ure not satisfied lh:it a CyOurt and Jury should hn.ir thtta'Jiin of the law in alone canuMc in u grrM dcrroo cf repressing this fe( ling, but 't is r.ol to be expected that thoso ori^inp.l princij)les wi'l ever be wholly eradinnled, or that Imw and custom will ever snc-» ressfully interpose any compensa'ion which will in all cases be accepted in the place of personal ven- geance ; knowinjj tlie di-iposition of mankind, the Law therefore watches ov< r the beginnings of mis- chief, and the punishment of libel was ordained as a means of maintaining the public peace. i will not turn agiin to the libel in the indict- ment, except for a moment lo point t)Ut tlr most offensive pass: s:cg, (here tho Attorney iJeneral read lh,e part which charged over exactions, and taking largo sunji of money from the pockets of the romn)unily,by those placed in fiothority over them.) This he said was the charge of a crime of no orJi« nary characfer, a charge of abusing the office they were appointed and sworn to admipi,-3ter, to put money into their own pockets ; he had heard IMAGE EVALUATION TEST TARGET (MT-3) A 1.0 I.I ^ is ^ ■- III 2.5 2.2 2.0 1.8 1.25 1 1.4 -^ 6" — ► V] V^ > # >..^^" / ^^> J^ > M '/ Photographic Sciences Corporation .\ -qv •SJ ^\ ,<>^ 6^ ^^^.r^^ '^^ '% '^ 23 WEST MAIN STREET WEBSTER, N.Y. 1 45 80 (716) 872-4503 f^^ ($> A V 92 fi i I 1/ ' much from the defendant by way of charge against some, sufficient was it for him to say it was asser- tion without proof ; if the nature of the charge would have allowed of a private prosecution, the defend- ant would then have been obliged to put his juslifi« cation upon the record, and to prove the truth of it by witnesses placed in the Box, and examined on oath, not by hearsay, nor even by the report of a Committee of II, M. Council. The invos^igaiion by them might be a proper step to see if there were nut errors in this system the Magistrates were called upon to administer, but thank God the re-* putation ofno man can be tried except in the face of the country ; neiiher a. report from the Council Chamber, nor from any other body, could be re- ceived in evidence for any such purpose in this court. Had the circumstances staled by ihedefend^i ant against some cf the Magistrates been brought lo the notice of this Court by affidavit, and not denied in the same solemn manner, I should have felt it my duty to have filed an Information, and enquired into the truth of the matter charged ; but in tl.e present prosecution, you must consider it mere assertion without legal proof. The libel is not fls wo are informed an editorial, it is not written by the defendant ; if ihe charges against the Magis- tracy were thus broadly to be made, why did the writer shrink from hia work, why falsify himself under a borrowed name, and become a coward in his crime. (Here the Dbfendant interrupted the Attorney General, and staled, that he had full per- mission to give up the author whenever ho pleased — but contrary to the practice in all such cases, Ihe nam 4 had never been demanded. This decla- ration elicited a round of applause, which having been promptly suppressed by the Court, Mr. Archibald continued,) although that was irae. i i 1 » I 93 |»ad 1^0 author been given up, 1,« would rot Imve proceeded against the publisher. Having gaid pomuchonthe law of libel, allow mo to say a few words upon what k erroneously understood to bo the hberty^of the Press. There is no quPs. tion of greater importance in a free country than he l.horty of the Pres3 ; and within its legitimate hounds. I 8hou.d be the last to interfere with its operations. Tne advanta^Ps which mankind have darived from the use of the press have excited a fePling ,n Its fFivour not easily to be overcome in a free government-it was tho great means of diffusmtr that knowledge which before existed only in masses.in Schools, and Universities, and making: it the common atmosphere to be breathed by all • moral and religious knowledge, and tho principles orhberty. were circulated by it. Tho term free press however is to be understood with its limita- tions, as this greil engine of human invention may otherwisP he as dangerous in its abu^e, ns it i^ benencial in its use ,• ihrnt t.'^nri was npr-litni to the press in opposition to tho licensing fir/d sbackl-n* which It unrlGrwfcht in fo-mer tinu^s. The rulors of tho continent g-izad upon thl^ vslnable invention ?^8a sort of royal f.nnchi^t.., and enslaved nnd ron- trouedilby hmitatiims unknown to the Laws of l;.ng1and. Our law thus define- it, as the personal hberty of the person who uses it to express his thoughts m the more improved wf;y, thus mvented by hurrnn ing-nuity. leaving him always liable for finy infringement of the privileges of others ; it was n new power, but no new rghl ; and security of re- p^utation was not abridged by this new discovery ; »"e liability of punishment whicli ge granted to tho!,o vvho might use the press. Free discussion, although is: 94 enlarged by the use of ihe press, was confined to the Bame Ipgitimate bounds, as respected the riglUa of others j thai which if written and published in ihe streets or stuck upon a cornei, and which was in its nature a libel, wculd be not the less so, when publii^hed in the columns of a newspaper — what a man has a right to think and speak he has a con- sequeni right to print and tr publish, but no man has 8 right by the common law to spetik and publi.sh what is injurious in a high degree to others, no man has a right of accusation, trial, and judgment ; so likewise no man has a right to publish, true or false, in the press o»' othnrwise, that which a regard to the public peace and the rights of sor^iely pro- hibit, Ke who cannot justify sbr.der written of me in his individual character, cannot return into the first person plural behind his press, and do the same thing with impunity ; the individual wron» doer is not lost s'ght of by the law in the plural of the press. Let nj8 now remark upon the intention of the deiendant in this publication ; he has defended himself with the exercisii of that clear mind, and sound understanding, which he posspsse:? in so high a degree, but I cannot allow him the range he has taken for the proof of intention. The intention of tho writer is to be gathered from the libel written, and for that purpose he may call for the reading of every part of it, although not set forth in the indictment ; and if it be a b('ok, or pamphlet written as a review of the works of others, or for sny other purpose, ho may read passages from the general wirk to prove qu.)animo it was written ;but to allow evidence of intention to be given in any other way is un- known to tlip law ; the extenuating evidence is con- fined to the proof that it is a report of a trial or a speech in parliament, or the like j but except in such 95 cases tho writer must be judged by what he, .las writ-* ton, and to have done the act with the inleiition which the ordinary sense of a jury pat upon the work ; so clear is thia reasoning that I should not dospair, from the correct views which the defendant is capable of talcing of this point, and noiwithsland-v ing his splendid defence, were ho in your box to persuade him to convict hinisoJf. This libel runs against all who have been in of- fice foriheldst 30 yeais ; many of them, men of high honor, laboured hard for the good of this com- munity, and have gone to their final account, leav- ing an unsullied rep'^' »tion behind them, now for the first ti(ne called in question. Many now alive have givBn up their time to the public without reward, but all are included in one Sonera! rharce, wjtiiout any evidence being given againsJ; any one. Jt required ihe reading of the defendant to select from ihis" sacred band" of robbers those who are to cotn.^ under ibe saving clause. The defendant has read out his venerable Falhcr as one, he need not liavii done so, his uoijuliied reputation would never have left him obnoxious to any such charge. I rea- dily assent to ail that has been said by a son of % father who is an honor to hini. I am proud to call him my friend, he was among my most early ac* quaintances in this town, and 1 iiave never ceased to esteem him, but might he not hfive returned to this band and handed out others ? [Here he read over the names of several of the Magis- trates ] Men whose reputation has never been sullied ; and if angry feeling against one or two was the ground of this proceeding, why not have named thorn, and allowed them to justify themselves by pulling him to the proof of the assertions ; but in this case, even to those aimed at there is no proof, while all who aro charged with ma m II ' keeping tha public peace, are included in ane li' belJuus attfick. Gentienien, it m vvilii you, under the law of the land» to pronounce upon this public cation, and bo careful that your verdict be not tha occasion of greater mischief ; that you do not open the flood gates of libelling, and lead parties (o avenge theuidelves, and thereby to bring about all the mischief the Coaimoa Law intended to prevent. I have stated the view which I think it rny duty to take of this publication, and having discharged niy duty, I leave the caae with you. His Lordship Chief Justice IIallibuH'^ TON, then delivered thefoilawing charge : Gentlemen of the Jury, This is an indictment preferred in the name ot the King against Joseph Howe, and it is the duty of the Court to state to you what the law is by which the ca^o is governed. This dury is, perhaps, rendered more imperative by the novelty of the pro- cieding in our Courts, and by the erroneous views which are ofton entertained of the law of libel. It has bcon truly said, that nolliing has been more li- beled than ihe law oflibcl itself There are threo modes by whiel; puiies inay s^eek retliess, and by '.i'i.'.cUsociely id piolt;ctyd again!?t the consequences rf slanderous aiici itnproper accusations : by Bill of [iidictmcnt, ex-olHcio Information, or by an action on the case, instituted by a private party for the damage which his character may have euatained. The law of iibel, like the rest of the Common Law of England, is founded in reason — and if a private party comes into Court for dumages to re- pair his reputation, he must shew that ho iiad one lo lose, and that he has in reality been injured. He must not come here to make money of his character — and, therefore, the Defendant can put jn hb plefi of justiiication; and set out that the 97 chargea were trtiA • «r,j tk «'"« they ^ere^bl;Cm2lZ",r''^y "'« ^"'^ i^r the vindication of hiloL ".,,/" ''"""« ?««»« affidavit that the chamelar! i ?'~''P°» ''« owu So careful is the lawTf the ,th",T"" ''"'' "»''"«• assumes that nothi„„ cin if. * °^ reputation-it tl'an his clKiracte aVd hi" "!°'«r»'''''We to man easy mode by which a m.^ "*• " P"'"'"'^' this and vindicate himIelfL^'V"7 """« '«" Court On the other hand, ho Bartt''"^'""^ imputations " and prove that the char2l« '''"'""' ""^ ""mo does, the prosecutor lose, £» T "'I'' "'"^ '^ he "jcumbem upon hi,u to prot tha;?' ^"""''' '' '^ toan. " P™''* that ho is an injured When we proceed in the n.i,o "e party entirely out of ih/n .^"^ '"« ""•»»' gistrates are „„f known h l"^*"""- The Ma- ^tandschargeda .he:„"tortl ^^ ''^'■^"''ant defended himself wi"h the wl ?. \"S~he has natural to the situXn • '*''"""' and anim -ion -and he has had ^'wl soo^e''",? "' 7'' P'^^^ ing to the Jury such thinr^fi. ^"""'^f i„ stat- "al to his defence. Whfr/nf """*'*'"' mate- Plead their own Mn,r .1 P^''^^ "ndertake to a greater latitude uZIm^'cZ" T^'^ '""^^^ mntodto take. But -, il 'H"""'"! be per- v'e have them not he e yl?''''.'''*' Magistrates Jiemn or acquit them a T'''"" "'"' """^on- J-een made, but .come, to „fr "■«' ,•"■ ""«' ''as '''''^.^.r"'"citcment it may be ne- in times of grea P".'''^,,*;,'"p,„„,ptly, and yet ex- .essary to check d.so.ders p^^^P J^^^ fi„a a tremely difficult to g" ^ , f course, m using Bill. Tho Attorney Geneva , o ^^^^^.^^ ,,,, xhis mode, is ''^^ "^use of liis power. A P"" judgment-for.the »»"/^ „,„atilc the impn a- iatl applicant .s t-"""^ " J-'bound to cxerc.se ti„„sJ.{he Attorney Gen^rans ^^^^^^ .^ ^ a sound '^i'<='^"?"•„,i■, and submit the libellous fore the Grand '"q^^'-.^^nt-and jf ihey shon d ^^^U^^l; these circum^tances.^^^^^^^^^ reason, and common ^-^^^''^i^,,^ against so- dividuals are liable to comm ^^ , ^„^h ciety, the Courts have be^n app ^^ ^ offenders. It i^ ""l' tried and condemned. And per that they are to be triea accusations [f instead of P"'^ Se "he proper tribunals, and seeUing ^''"'''^''Xoad charges and suspi- 99 was calculated to disturb Vh' "'V"''"*'- charged «o iacensa and de. nda the nH ''" '""""'' «"<» was aimed. Will, .hf/fnl. ,'^ •"^' " "-''Om it e^-Saged. =nd by 1 „ vSfh ''^ we are now Magistrates will nciiher hs „ " ^'"'™cter of tha J'-,Kins i^ .he prosecutor 1 ^ •.^"ai; ''"^'"f- to determine is vhetlmr ihi! ', "^ "" >»" have ous, and whether orno thev „ "'Fl "^ ''''«"- turb the peace. ^ "° calculated to dis- It would be didicult to s-iv ,h., .i • . not coMtuin a serious rpfl../ "'" '*"«■• <»»" •rates of HalifaTAlthouth"'ti?°" ^S'"' ^^''Si- struct you as to the tr„l k^ ■ ^ '"^ ^"^Y to in. '.0 tell >„a tL vW wl ch T't'T "'"r"'.'' '^^-«» "-jinfluenced by We ha "e hoard much h:'*;" "" "'" ''■'^- the Press. The P .Zl. nT "^'"" •""' '"'^^'r »f awakening a feelhl of f," J'! ™«.""<">ed without «-ry En|lLl3 Itf'to'ttf "" "'« '''«''^' of we are indebted for tho r„.„ ^ ^''''■"'"'"•'"nent diffusion of those so, n,^ ■'ecogmtion and general hefo,e its invent „„bf '"■'"^'P "' ""« «^i"ed I'een vindicated InS'd^fi.edT ,/• '" "''' """o firm establishmenrof Ihl. ; , ," ""^ "'^ ""'e the ti.eCommonTaw bv "hich ^^''^'' ""'P'"' <"■ bacont.-..„led, bu which ciloVh' I'f"' ^''°"'<' troyed whatever way yorSe v'''" "' ^.''■ I repeat, thoush it win h. • *^'""' verdict, Defendant and the T, L. •^'"^ '"P'rlant to tho .ide, cannot 1;!;:^ ThZ" i^J^iyf .^ >-. .- 100 ,V,e character, ofparf.c, «rc g!-;^f^t„S l,or.ies or .he P^e" -^7;f„- j by /ny -ingle deci- e8tabli»l«ed to be ">^f »'"!'" r^^^le that all decisions ,icn-b»t yet it « "^'^m^ble to law. Yo" .hould be correct »ad conlo^^m will do your d"'y « 7f°f,ee discuasion-tbe va- ,,reciating the l-en^bW »' V^^ j Scriptures ue of that Engine by wh'cn J^ ,,4^^, though are difTused over the unver e ana ^^ ^,^„_f„,, invented by man, "»\*' f 6'" communicate ,s he gave h.m ^P^,;';'^'^^^.,,,:': his neighbour, so 1,19 thoughts and wprcs.^on has he given him '''e f '^'^ °J„ ^nly bounded by \ be conveyed over a «"!«' »"f ; °^ civilization . ^ Z circle of human sympath^es^nlc_j ^^^ The gift of speech is ^"nietimes ^^^^^^ is frequently f^-^^'J-thP purpose of correcting the Press, fcestowcd l^?' '^Pji.dUion of man, is ,he errors and 7P'°;'"„8„ j*";/:^ ■ revenge, to the pomelimes directed by malice dis,„,.bance of injury of private ch»racte , '^"d ". , ^^ the public peace. «« « ' » '" .e„aities of the law ,be '^ress,s«bjectshnnBe f he re^j^^ ■^„ „f _,he8»me '='«'. ^'"J^J^I^/invented. That engine society before the 1 ress w" , . ^ mnltipUed has not altered the aw, ""ho'V^ ' i^„ be free ; cases for its «";Xc«ss'ion are different things, tot accusaion and d«cj8'»n .^ ^^^3. Though such charges are fiequenuy ^^ „, iapers, still, if individuals seek ^f „„j.,J„ent Ff rhe Crown Officers P;«P»'^/„ ^^ „"„ „hich such -the party h»^'"g''l"'?on2 m«« »"« "^^* . z^r^^^^^^:, ix: ^d "hi ?.ei:d7ft^j"yfftJ;-he party has de.. 'il { 1 ( J a n a m ■•I I lOi •"tisfied that while ".„u'"i,''/^8|'''««d. '"•J I feol •opryrtXire^i 'tttt^:-^-' ?'- "<" "-^ —but that he waaZL ,P^P"'^ not a libel 'he charges werTt aelil^rf:'"" ''"Pr-sicn tha «dmitted it into hiscolomn. ,' "'"' "'"'belief he you that that ia .^„ u"Tt ^' " "^ <*'")' '<> 'ell "-ere true i, >vouM „otfe /i" T^- •''" ^^^^^ '^"'^ .««» be be excused? St,reiufl"°\-''ow thoa ''on..u„d in,pre3.i„„, oa hi' ^w" ''•^i'"' '"PP"^'- ceilainly one of the in,r, r ' !?""''• ^^'ice i' publication is liLllousT'''"""' "^'^ 'ibel-but if a fers of parties i„ such r ' 'f"f.°" ""e charac- I'c peace, the law impt ' ''""!'•'' "'e pub- tnl'on must be rebutieu f^ ''"« ^'"P''- onus of rebutting the leci, ffndant. Tho put the on!y proof th-.t°.'.,l "e^ "Pon hi™. 'ead and csmmenled on iL I "'^ ''"' iofdship «'«ge.s of the letter. F^r, hi, „"'"' f<"n'""ent pas- have allowed the pirlv oT."^ 1''' "l* ^'^'"' J"/ have believed it to'^be ^f'" n, oh'""' = ""^^ ">"»' el«ie, their du.v was not .^ n"»-ehievous tendency, '"y opinion, tho paper ehar""".'^? ^ ^"'- I« .d"'/ is, to state wZnrl'J " " ''''«'' ""d your 'ous. You are not^rundh '"'•""""" libel- «'e not ,0 be influenced bv?Jr^ "''!;'''"'• '^O" "ounce on the case b'fore^vm, "^'' i^"' '« ?'«- 'WW r -1 •i»lf 102 I • •^-v.aHifiB Iftlui ia your opinion, me Jaryrclircd for )J" SS^-'.te VS turWd wiihi. verdict o i^^^J "^'V- ^^/^^^^^ ,,,,,, silence in vvb«ch ^ ^J^^- ^^^^^"^^ in and around of acclamation <^'o»" .^"^^ ";^e Wi"" »*'^ congraiulation* the Court House. After receum^ j^^^ ^j^^ S^hi; friends -^r.^v^to "etu h^^^^^ ^^'^ ^^"^^' Defendant begged leave to re^u .^^^ had been ex- for the kindness 3'*^.^°'^ ,1^'^'' l-.-i lie trusted he had endcdlohirnlhrougnou the tna. I ^.^^ ,^„^ Taken no ) »erty to -'^^^^ ^^^cJulfmi^ht^, as had bceu entitled, but oe f '^ J' f/^^^^ i,ig argument by mterruo. done elsewhere lave orok^n &^^^^^, ,„„,ts. On tions, and ued h:m "P ^^V^^ i,^ ^^s borne by the leaving the Frovuce «^* ponulttce to his h«"»e» J"". . a^ gnd the next. Mu- ^rh'e People kept holiday t^^^^^^ ^ ,., ^1, t, gical parties P^'^-f.f; * ^d out in procession wi h ban- .leds in Town ^f « ^"^.V^sses seemed to jom in felu «ers ;and all ranks and classes . crowds citat ons on the triumph ol t^e 1 ress^ ^^^^ ^.^ ^ .^. ^ere briefly ^^<^^'^t,fthem^lo keep the peace-to en- dow, who be«";;g n so"2ia» inte^rcourse' round their joy the tr'"«"P^ "'d their children the names of Un firesid^l'^^^";^ ^^j^rhad established the fbekdo^. the TWELVE MK«> ^^ "" OF TBB PRESS 1