Whilst we offer to your royal highness our sincere condolence upon the severe visitation with which it has pleased Divine Providence to afflict our most gracious sovereign, which has occasioned a suspension of the royal functions, it is with heartfelt consolation, that, in common with all ranks of our fellow-subjects, we behold in the person of your royal highness a prince highly endowed, and eminently qualified to exercise the regal duties--a prince who has so greatly endeared himself to the people, by his moderation and forbearance on various trying occasions, and the attachment he has so uniformly shewn to their rights and liberties.

Had indeed the desire and expectation of the united kingdom been realized, by vesting in your royal highness the full powers of the executive authority, we should have had just cause for congratulation, confident as we feel that those powers would have been wisely and beneficially exercised, to enable us to meet the extraordinary exigencies of so perilous a crisis.

Deeply impressed with a sense of the many and great difficulties, which, with powers so limited, your royal highness must have to encounter in the discharge of duties so arduous, and feeling towards your royal highness the fulness of that loyal affection, which, in deeds as well as in words, we have so long demonstrated towards your royal father and family, we would fain have forborne to cloud the dawn of our intercourse with your royal highness by even a glance at our grievances, manifold and weighty as they are; but duty to our sovereign, duty to our country, the example of our forefathers, justice to posterity, the fame and safety of the kingdom, all, with voice imperious, forbid us to disguise our thoughts, or to smother our feelings.

Far be it from us, insulted as the corporation of this ancient (and, at all former times, respected) city has recently been by the servants of the crown; far be it from us to indulge in complaints of grievances peculiar to ourselves, ready and willing as we are to share in all the necessary burdens and all the dangers of our country. It is of general grievances, grievances sorely felt in all ranks of life; of accumulated and ever-accumulating taxation, rendered doubly grievous by the oppressive mode of exaction, and of the increased and increasing distress and misery therefrom arising; of the impro

vident expenditure of the immense sums thus wrung from industry and labour; of the waste of life, and of treasure, in ill-contrived and ill-conducted expeditions; of the attempts, which, for many years past, and especially within the last three years, have been made, and with but too much success, to crush public liberty in all its branches, and especially the liberty of freely discussing the conduct of public men, and the nature and tendency of public measures.

Can we refrain from humbly expressing our complaints, when we have seen those ministers who have so long usurped the royal authority, and who, it is now discovered, have, by practising the most CRIMINAL DECEPTION upon the parliament and the people, carried on the government during his Majesty's former incapacity, exerting their influence to degrade the kingly office; when we have seen measures adopted, evincing the most unfounded jealousy and mistrust of your royal highness-when we have seen the prerogatives of the crown curtailed and withheld-when we have seen a new estate established in the realm, highly dangerous and unconstitutional-when we have seen power, influence, and emolument, thus set apart to controul and embarrass the executive government, at a time of such unprecedented difficulty

when all the energies of the state are necessary to enable us to surmount the dangers with which we are threatened, both at home and abroad-we confess that, feeling as we do the most unbounded gratitude to your royal highness, for undertaking these arduous duties at a moment of such peril, and under such circumstances, we can discover no cause for congratulation; on the contrary, we should be filled with dismay and the most alarming apprehensions, were it not for the known patriotism and amiable qualities, which your royal highness possesses, and the resource which we trust your royal highness will find, in the zeal, ardour, affection and loyalty of a free and united people.

Numerous other grievances we forbear even to mention; but there is one so prominent in the odiousness of its nature, as well as in the magnitude of its mischievous consequences, that we are unable to refrain from marking it out as a particular object of our complaint and of your royal highness's virtuous abhorrence-the present representation in the commons house of parliament, a

ready instrument in the hands of the minister for the time being, whether for the purposes of nullifying the just prerogatives of the crown, or of insulting and oppressing the people, and a reform in which representation is, therefore, absolutely necessary for the safety of the crown, the happiness of the people, and the peace and independence of the

country.

Reposing the fullest confidence in your royal highness's beneficent views and intentions, we can only deplore the present unfortunate state of things, fully relying, that, under circumstances so novel and embarrassing, every measure which depends personally upon your royal highness will be adopted towards extricating us from our present difficulties, and for promoting the peace, happiness, and security of the country. Thus to mingle our expressions of confidence and affection with the voice of complaint is grievous to our hearts; but, placing as we do, implicit reliance on the constitutional principles of your royal highness, we are cheered with the hope, that such a change of system will take place, as will henceforward, for a long series of happy years, prevent your royal highness from being greeted by the faithful and loyal city of London in any voice, but that of content and gratitude.

Signed by Order of Court,
HENRY WOODTHORPE.

To which Address his Royal Highness was pleased to return the following most gracious answer:-

I thank you for the assurances of your attachment, and of your confidence in the sincerity of my endeavours to promote the welfare aud security of his Majesty's dominions, by the faithful administration of those powers with which I am entrusted during the lamented indisposition of the King.

In the arduous situation in which I am placed, I can assure you'that it will be the happiest moment of my life when, by the blessing of Providence, I shall be called upon to resign the powers now delegated to me into the hands of my beloved and revered Father and Sovereign.

My own disposition, no less than the example of my royal father, will make me at all times ready to listen to the complaints of those who may think themselves aggrieved; and will determine ine on all occasions to regulate my conduct upon the established principles ot that antient and excellent constitution, under which the people of this country have hitherto enjoyed a state of unrivalled prosperity and happiness.

COURT OF KING'S BENCH.

February 7.

THE KING V. ROACH,

The Attorney General moved for the judgment of the court on Eugenius Roach for a libel published in the morning paper called the Day, of which Mr. Roach was entered at the stamp office, as editor and part proprietor, and for which libel he had allowed judgment to go against him by default.

The libel was then read, which was the same publication, respecting the conduct of the military, during the disturbance at Piccadilly, respecting Sir F. Burdett, for which Fisher and Harvey the printer and publisher of the Day, had already received the judgment of

the court.

An affidavit by the defendant was given in, stating that he was not the editor, but only a writer for The Day, having no controul whatever over the articles which appeared in it. He had some time ago been engaged in the literary department of that paper, and had since been prevailed upon by some of the managing proprietors to accept of five out of 1,300 shares of 101. each, into which the property in the paper was divided, and to enter his name at the stamp office as proprietor and editor. He, as well as all the other writers and reporters belonging to the paper, were however, under the controul of a chairman, and a committee of 14 proprietars, out of about 300 to whom the property of the paper belonged. Two days previous to the publication of the libel in

question, a general meeting of the proprietors was held, for the purpose of determining what should be the line of conduct of their paper, as to Sir F. Burdett, when it was resolved to adopt the popular side of the question, as likely to encrease the sale of the paper; that Vincent George Dowling, who was one of the principal reporters engaged on The Day, was the person employed by the chairman of the committee, Harry Phillips, auctioneer, to give the account of the proceedings at Piccadilly during the dis. turbance in that part of the metropolis; that Mr. D. submitted to the said Harry Phillips the substance of what he was to write on that subject; that the resolution of adopting the popular side was contrary to the principles of the defendaut, and as such, was disapproved of by him; that he had no opportunity, from the hurry in which the article in question was written, and taken away by the printer to be composed, of perusing it before it was printed; that, impressed with a conviction of its importance, and desirous to guard against error, he wished the printer to furnish him with a slip of it, previous to its being sent forth to the public--but the printer refused to furnish him with such slip, in consequence of instructions he had received from the committee, on no account to delay the publication beyond a certain hour, the printer informing the defendant that should he alter any part of it, it would be impossible for him (the printer) to attend to the alterations the defendant might suggest. The defendant had been directed by said Harry Phillips, that no direct apology for said libel should be made in the Day, notwithstanding which the defendant had introduced one indirect, and two different direct contradictions of, and apologies for, said libel into that paper; and had, by the way in which he had conducted another paper called the National Register, of which, he was uncontrouled editor, evinced that he was a person of loyal principles.

In this statement, the defendant's affidavit was confirmed by affidavits of Mr. Dowling, the author of the libel, who stated, that on his inquiring of Mr. H. Phillips in what point of view he should place the conduct of the soldiers, Mr. Phillips answer was, " Not to spare them;" and of Messrs. Kirwan and Courtier, two of the writers belonging to the Day.

Mr. Attorney General, in addressing

the court, could not allow that the defendant's case was bettered by the affidavits he had filed. It could not be suffered that a man lending himself as a screen to evade the law, should tell, when called up for judgment as the per son responsible, that there were others who were liable instead of him, although by his own act and deed, he had placed those persons beyond the reach of liability or of punishment.

A counsel, whose name we could not learn, but who stated this to be his first appearance, addressed the court at some length in mitigation, insisting particularly on the immediate disapprobation of the publication expressed by the defendant, which rendered it impossible that it should be said, that the defendant had become loyal for fear of punishment.

The defendant was ordered to stand committed to the custody of the marshal of the marshalsea of the court, and to be brought up for judgment on Monday next.

THE KING V. PETER FINNERTY.

The Attorney General prayed the judgment of the court against Peter Finnerty, for a libel on Lord Castlereagh.

Mr. Finnerty having appeared in court, presented his affidavits.

Mr. Finnerty.-I have endeavoured to shape this amended affidavit so as to meet your lordships' wishes. Perhaps, however, notwithstanding my care and my strict adherence to the precedent on which I have framed it, some errors may have crept in, which I hope may be imputed to my inexperience. Shall I point out, to save your lordships' time, the place to which it was read before the court interrupted it?

Lord Ellenborough. No, I desired you to bring a new and inoffensive affidavit; I hope you have taken my wellmeant advice.

Mr. F. I have to remark on something which fell from the counsel on the last occasion.

Court Not now; let the affidavit be read first.

The affidavit was here read. It detailed, in the first place, the reasons why the defendant was not in court before, when judgment was prayed against him; it next proceeded to state why he had suffered judgment to go by default; he now, however, stated his belief of every circumstance with which he had charged Lord Castlereagh, and at this period offered the truth in justification.

Lord E.-I objected to this before; I

warned you to amend it by to day: you have come here, however, without appearing to have profited by our advice or our indulgence. I hope, Sir, you come in the proper spirit to mitigate a crime of which you have confessed the commission.

Mr. F-I have, I hope, come here with a suitable spirit. I have come here, however, under no consciousness of guilt, and I will avow none. That part of the affidavit which you have now interrupted, you suffered to he proceeded with on a former day. That part to which the court objected has been ex-` punged: I have expunged above twothirds of the affidavit, but have suffered that to which no objection was made to

remain.

Lord E. Then hand it back to him. We reject it, Sir; you got very indulgent advice from us, and you have rejected it; you must take the consequence.

Mr. F.-My Lord, you made no objection to this on a former day, and that misled me. I am willing, however, to have it framed unexceptionably by any referee your lordship chooses.

Court.-No, Sir, the court will not hear of a referee.

Mr. F.-Will you, then, allow me till to-morrow to have it recast, according to your lordship's wishes ?

The Court.-No, we are not to wait here till you condescend to conform to the law. You were before told by me that this affidavit was improper, yet you have persisted. If you have any unexceptionable affidavits which can do you good, we will hear them.

Mr. F. Am I, then, for one error, to be excluded from the benefit of my most important affidavit? I have shaped it by Draper's case, and I desire it may

read.

be

The Court. Sir, your pertinacity shall not influence us. There may be a thousand distinctions between Draper's case and this.

Mr. F.-Well, then, be it so, though I have affidavits here which would aston nish the country; since I am excluded from presenting them, it is ny misfortune. Here is one unexceptionable.

The affidavit of David Power, Esq. a volunteer in the army of Walcheren, was here read, stating the imminent peril in which Mr. Finnerty stood from Lord Castlereagh's order.

The affidavit of Doctor Lipscombe was also read, stating, that he attended Mr. Finnerty in November last, and that he was then in extreme danger of derangement and death, owing to anxiety of mind; and that he was not yet quite recovered.

Mr. F.-When I last appeared here, the first interruption I experienced was from the informality of Dr. O'Conner's affidavit; providentially I have received a more correct one since from Bandou; I now offer it.

The Court.-Who is this O'Couner? Mr. F. He is a gentleman who was transported on the mere unsupported warrant of Lord Castlereagh.

The Court.-Reject this.

Mr. F.-If you believe Lord Castlereagh guilty, of course it may be rejected. If you do not believe him guilty, I pledge myself here to produce, if I am allowed, above fifty affidavits, confirming on his part atrocities so enormous, that they cannot be contemplated without a feeling of horror, which must, in every humane heart, rise into a principle of devotion, invoking the Throne of God to shower down his vengeance upon the monster-yes, I repeat, the monster, to ,whom no satisfaction can be due in this case, unless you deem any degree of turpitude entitled to such satisfaction! This court has not acted upon such a principle: Lord Mansfield refused an information in General Plato's case, because the statement complained of was true. I offer this affidavit, to prove that every word in my publication is true.

The Court. We will not hear it. Mr. F.-Here, then, is the affidavit of Mr. Clare.

The Court.-Who is Clare?

Mr. F.-The affidavit will tell that.The description will take up as much time as the reading. It has been sworn before the judges of the King's Bench in Ireland.

Mr. Clare's affidavit stated, that in the year 1798, various kinds of torture, such as whippings, picketings, half-hangings, &c. &c. were practised in Dublin, close to the Castle gate. He swore also that Lord Castlereagh must have heard the cries.

The Court. Can it be endured, that such affidavits as this are to be put in when we have expressed our determination on the subject, and given our advice?

Mr, Garrow.—Certainly, my lord, it

ought not to be tolerated. You have given this man an entire week, and he bas chosen to remain obstinate.

Mr. F.—I offer the affidavit to be read it will substantiate every thing I have stated in the original libel.

The Court.-Sir, have you any inoffensive affidavit?

Mr. F.-My Lords, according to the doctrine which was laid down by this court, that truth was no justification, I pleaded guilty on my trial: I did so because I understood that on being brought up for judgment, I might produce the truth in mitigation. This was no idle fancy of my own; it was built upon your precedents. Since the law was against me, I have deferred to it; but nothing on earth shall induce me to make any submission to Lord Castlereagh. No, my lords, your language to Gale Jones on his trial was," You have thought fit to charge his lordship with acting in that high office from motives of personal ill-will towards a private individual, and with having made use of his authority and influence, as secretary of state, to harass and oppress such individual, in such a way, as, if true, would not only render him unfit to fill that high station in which he had been placed, but would prove him so base an individual that no gentleman could associate with him."-Such was the language of your lordship, addressed to Mr. Jones when pronouncing sentence upon him for a libel upon Castlereagh.-I am ready to prove that Castlereagh does deserve the description applied to him by your lordship that he is one of the basest individuals not only that ever degraded a high office, but that ever existed in society.And will you then punish me for censuring the conduct of such a mau?

The Court.-We cannot hear this.You may now utter fresh libels against Lord Castlereagh, which he can have no opportunity of rebutting.

Mr. F-Yes, my lord, he will have an opportunity, I offer my affidavits. Let him, as Col. Draper did, put in counter affidavits, if he can, and thus rebut my evidence. If he cannot do this, he must stand arraigned and convicted before the country. I ask your lordships to give him the opportunity; or if you do not, I ask you, in the name of all that is sacred, how can you reconcile it to yourselves to send me to a prison for uttering the truth? Will you hear my affidavits?

The Court.-No; not if they are the

same as those which you have offered. They cannot plead in mitigation.

Mr. F.-According to this, I am curious to hear what your lordship means by mitigation. I again offer my affida

vits.

The Court. I said before, not to the purport of those you have offered.

Mr. F.-I shall, then, state the purport of a few; and then your lordship can receive or reject them as they proceed. I have here an affidavit of, under his government, a father and son, tortured side by side. Will you hear that? The Court.-No.

Mr. F-Here is another from Mr. Hughes, whom Lord Castlereagh saw after the torture had been inflicted; his back was raw with the scourge, and his shirt one mass of blood loosely flung

around him.

The Court.-Why this is contumacy to the court.

Mr. F.-I wish to offer none. I stand here not to repel your judgment, but to vindicate my character. Reputation is dearer to me than life; and in comparison with the loss of that, any punishment within power's limits to inflict has little terrors for me. I have offered now to prove the truth of all my statements. According to the law, I may be called. a libeller; but, if I had not offered my affidavits, I might be called a liar also. Since the court does not choose to heas the truth of this averment, I proceed to another.

Mr. Dixon's affidavit stated, that he was a yeoman in 1798; that he saw three peasants whipped and tortured without trial

The Court. What does this prove? Mr. F.-It goes on to state that these cruelties were committed with Castlereagh's sanction and privity.

The Court.-You have been often told these things were irrelevant. Do not compel us to send you back to prison till next term, in order that you may come here to receive our judgment in a becoming manner.

Mr. F.-I have been at very great trouble and expence to procure those affidavits. I went to Ireland for the purpose, and now offer them again, with the observation, that they do not contain one hundredth part of the atrocities which I could prove against this man. I have however, sufficient for my purpose. Here they are, sworn before the judges of Ire land by honest men. I press thei upon