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applicable to the true. This, gentlemen, is called construction; it is just that which, in more recent times, and of inevitable consequence, from purer motives, has converted "pretence" into "purpose."

"When the art of printing was invented, its value to every sufferer-its terror to every oppressor, were soon obvious; and soon were means adopted to prevent its salutary effects— the Star Chamber, the odious Star Chamber, was either created or at least enlarged, and brought into activity. Its proceedings were arbitrary-its decisions were oppressive, and injustice and tyranny were formed into system. To describe it to you in one sentence, it was a permanently packed Jury.-Perhaps that description does not shock you much. Let me report one of its decisions, which will, I think, make its horrors more sensible to you; it is a ludicrous as well as a melancholy instance: a tradesman-a ruffian, I presume, he was styledin an altercation with a nobleman's servant, called the swan, which was worn on the servant's arm for a badge, a goose. For this offence-the calling a nobleman's badge, a swan, a goose, he was brought before the Star Chamber; he was, of course, convicted; he lost, as I recollect, one of his ears on the pillory-was sentenced to two years imprisonment, and a fine of £500; and all this to teach him to distinguish swans from geese. I now ask you, to what is it you tradesmen and merchants are indebted for the safety and respect you can enjoy in society? What is it which has rescued you from the slavery in which persons engaged in trade were held by the iron barons of former days? I will tell you, it is the light, the reason and the liberty, which have been created, and will, in despite of every opposition, be perpetuated by the exertions of the press.

"Gentlemen, the Star Chamber was particularly vigilant over the infant struggles of the Press. A code of laws became necessary to govern this new enemy to prejudice and oppression-the Press. The Star Chamber adopted for this purpose, the civil law, as it is called-the law of Rome-not

ner law at the periods of her liberty and her glory-but the law which was promulgated when she fell into slavery and disgrace, and recognized this principle, that the will of the Prince was the rule of the law. The civil law was adopted by the Star Chamber, as its guide in proceedings against, and in frustrating libellers; but, unfortunately, only part of it was adopted, and that of course was the part least favourable to freedom. So much of the civil law as assisted to discover the concealed libeller, and to punish him when discovered, was carefully selected; but the civil law allowed truth to be a defence, and that part was as carefully rejected.

"The Star Chamber was soon after abolished, It was suppressed by the hatred and vengeance of an outraged people, and it has since, and until our days, lived only in the recollection of abhorrence and contempt. But we have fallen upon bad days and evil times; and in our days, we have seen a lawyer, long of the prostrate and degraded Bar of England, presume to suggest a high eulogium on the Star Chamber, and regret its downfall; and he has done this in a book dedicated, by permission, to Lord Ellenborough. This is, perhaps, an ominous circumstance, and as Star Chamber punishments have revived, as two years of imprisonment have become familiar, I know not how soon the useless lumber even of wellselected Juries, may be abolished, and a new Star Chamber created.

"From the Star Chamber, Gentlemen, the prevention and punishment of libels descended to the courts of common law; and with the power they seem to have inherited much of the spirit of that tribunal. Servility at the Bar, and profligacy on the Bench, have not been wanting to aid every construction unfavourable to freedom, and at length it is taken as granted and clear law-that truth or falsehood are quite immaterial circumstances, constituting no part of either guilt or in

nocence.

"I would wish to examine this revolting doctrine, and in

doing so, I am proud to tell you that it has no other foundation than in the oft repeated assertions of lawyers and judges. Its authority depends on what are technically called the dicta of judges and writers, and not upon solemn or regular adjudications on the point. One servile lawyer has repeated this doctrine from time to time, after another, and one overbearing judge has re-echoed the assertion of a time-serving predeces sor, and the public have at length submitted.

"I do therefore feel not only gratified but bound to express my opinion upon the real law of this subject. I know that opinion is but of little weight-I have not professional rank or station, or talents, to give it importance, but it is an honest and conscientious opinion, and it is this that in the discussion of public subjects, and of the administration of public men, TRUTH is a duty and not a crime.

"You can, at least understand my description of the li berty of the Press. That of the Attorney-general is as unintelligible as contradictory. He tells you, in a very odd and quaint phrase, that the liberty of the Press consists in there being no previous restraint upon the tongue or the pen. How any previous restraint could be imposed on the tongue, it is for this wisest of men to tell you; unless, indeed, he resorts to Dr. Lad's prescription with respect to the tooth-acheeradication; neither can the absence of previous restraint constitute a free Press, unless, indeed, it shall be distinctly ascertained, and clearly defined, what shall be subsequently called a crime. If the crime of libel be undefined, or uncertain, or capricious, then, instead of the absence of restraint, before publication, being an advantage, it is an injury; instead of its being a blessing, it is a curse; it is nothing more than a pitfal and snare for the unwary. This liberty of the Press is only an opportunity and a temptation offered by the law to the commission of crime; it is a trap laid to catch men for punishment it is not the liberty of discussing truth, or discountenancing oppression, but a mode of rearing up victims for prosecution, and of seducing men into imprisonment. Yet,

can any gentleman concerned for the crown, give me a definition of the crime of libel? Is it not uncertain and undefined; and, in truth, is it not, at this moment, quite subject to the caprice and whim of the judge and of the jury? Is the Attorney-general-is the Solicitor-general disposed to say otherwise? If he do, he must contradict his own doctrine, and adopt mine. But no, gentlemen, they must leave you in uncertainty and doubt, and ask you to give a verdict, on your oath, without furnishing you with any rational materials to judge whether you be right or wrong. Indeed, to such a wild extent of caprice has Lord Ellenborough carried the doctrine of crime in libel, that he appears to have gravely ruled, that it was a crime to call one Lord, "a stout built special pleader," although in point of fact, that Lord was stout built, and had been very many years a special pleader. And that it was a crime to call another Lord" a sheep-feeder from Cambridgeshire." although that Lord was right glad to have a few sheep in that county. These are the extravagant vagaries of the crown lawyers and prerogative judges; you will find it impossible to discover any rational rule for your conduct, and can never rest upon any satisfactory view of the subject unless you are pleased to adopt my description. Reason and justice equally recognize it, and believe me, that genuine law is much more closely connected with justice and reason, than some persons will avow."

A great part of the remainder of the speech of Mr. O'Connell, being personal, intermixed with no little share of rancorous abuse; we, for very obvious reasons, desist from transcribing it, nor do we believe that the latitude which he allowed himself, when dilating upon private character, contributed much to the advantage of his client, who was without the least hesitation on the part of the jury found guilty; and the sentence was pronounced upon him, that he should pay a fine of £500, to be imprisoned for two years in Newgate, and further until security be given, himself in £1000, and two others in £500 each, for his peaceable behaviour for seven

years.

About this time we find Mr. O'Connell engaged in an affair of honour with a Mr. Magrath, originating in consequence of a misunderstanding and a warm altercation, at the county court, in Limerick. The manner in which this affair went off was most extraordinary, exposing the parties to the imputation of there being more bluster and gasconade in it, than an actual desire to avenge their insulted honour. The parties met at a place in the vicinity of Limerick, known by the name of the Old Windmill; Mr. O'Connell was attended by Mr. O'Gorman, and Mr. Magrath by Mr. Bennett. The ground was measured, and the hostile parties placed upon it. A number of gentlemen now interfered, (for it appears at this time to have been the fashion amongst the Irish duellists to be attended by a crowd of spectators), and after much conversation, Mr. O'Gorman consented that the business should be adjusted, on Mr. Magrath's declaring from his ground, with a loaded pistol in his hand, that he lamented what had passed, and was sorry for it. Here another party, in the person of Mr. Leader, interfered; requesting, that as Mr. O'Connell was well known to entertain no enmity to Mr. Magrath, he should say on coming to the ground, that he was about to fight a man against whom he entertained no enmity. This proposal created some pause; but Mr. O'Gorman, on the earnest interference of mutual friends, assented. Both gentlemen then came on their ground with loaded pistols in their hands, and having complied with the above terms, immediately advanced, amidst the loudest acclamations of all persons present, and shook hands. They then stepped into the same carriage, and returned together.

Thus is this momentous affair described in the Limerick Advertiser; and should any playwright require the materials for a bloodless duel, or for the manner in which duellists can extricate themselves by the interference of a number of friends who may be collected there for the express purpose, no better guide can be adopted than the account which we have just chosen. There would be also something original in the circumstances of the hostile parties meeting each other

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