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"Libel read, and sentiments widely differ- "restored. The aggressors, however, "ent from those of the author of it must, "were not dealt with as Buonaparte would on the reading of it, arise in the mind of "have treated his refractory troops. The every honest man. At the present time," ring-leaders were selected and brought "when from the ambition and increased" before a tribunal where their cases were power of our enemy, we were obliged to "tried and examined, and where, after "maintain a large military force, how ne- "the fairest inquiry, they were found cessary was it that a good understanding "guilty of mutiny, and had an adequate "should subsist between the military and "sentence passed on them, part of which "the people. How essential was it, that "was mildly remitted. What was the "at such a period, the soldier should" interpretation, however, which Mr. "be convinced that no unnecessary hard- "Cobbett gave to this transaction? That "ship was thrown on him,-that he was "it was not to be called a mutiny; that it "not forced to engage in any disgraceful" was a mere squabble between the men "task? How essential that the commu- "and the officers for a trifle of money; "nity should be satisfied that however that the men were persons who had just 66 necessary a great military force at "thrown off their smock frocks to put on 66 present is for the protection of the "the garb of a soldier, and still continued country, yet that nothing tyrannical," so much labourers as to be ignorant of "that no force beyond the law, is em- "their duty as soldiers, and had become "ployed in compelling the inhabitants of "so much soldiers as to have lost the inthis country into the ranks of our armies."clination to labour. What, he asked, "The situation of the soldiers of this "would be the result of mutiny, if libelcountry was more comfortable than at "lers of this nature were to escape with any former period; every means that impunity? What, however, was the "could be devised to add to their comfort" conduct of the same person to the men "had been adopted. Our armies had by themselves? He taunts and upbraids "their zeal and valour evinced what were "them with not having acted like men; "the consequences of such liberal treat- "and instructs them, that they ought not "ment; and by the glorious exertions they" to have submitted to the chastisement "had made in their country's cause, had" inflicted on them. Not only was this "made more than an ample return for the "so, but he held up to contempt and in"comforts thus afforded them. These, he "dignation the German Legion for having "was satisfied, were, and must be, the "assisted, when called in, in quelling the "sentiments of every good man in the "mutiny. He represents them as persons "kingdom. Need he call on the Court to "who could be of no use in the general "look back to the libel, and shew them "service of the country, whose aid could "that the sentiments there expressed were "only be useful in quelling disturbances "directly contrary to this, he presumed to 66 among our native troops, and that they "think, almost universal feeling? What "were employed on this occasion only be"was its tendency? To encourage the " cause the British troops would not have "soldiers to impatience, insubordination" interfered in such a service, for which the and disgust; to tell them that they were "German Legion alone were fit. Could "hardly, cruelly, and tyrannically dealt "we expect zealous and cordial co-ope"with by their superiors, and thereby to "ration on the part of the foreign troops render that duty of obedience which they" whom we were, in the present situation "owe their superiors disagreeable and dis-" of affairs, obliged to employ, if we sufgusting. To go back to the situation of "fered them thus to be taunted in their "matters at the time the libel in question" own persons, and to be exposed to un"was written. At that moment, instead "merited obloquy and disgrace in the eyes "of lending a ready obedience to the com- "of the public of this country? As if "mands of their officers, a body of Local" this, however, were not enough, the "Militia had in a mutinous manner sur"rounded those very officers whom it was "their duty to obey. The place where "the transaction took place, did not afford "a force sufficient to quell the mutiny, but "a reinforcement was called in from the "nearest place whence a military force "could be properly spared, and order was

"Defendant, Mr. Cobbett, goes the length "of telling the inhabitants of the place "where the transaction occurred, that they

are base miscreants for having seen and not having assisted in resisting so infa"mous and abominable a chastisement. "I do not know,' says Mr. Cobbett, in "the libel in question, what sort of a

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which they say he employs) in order to

"place Ely is; but I really should like to "know how the inhabitants looked one get together and to discipline his con"another in the face whilst this scene was scripts.' And who were these whom he "exhibiting in their town. I should like "thus marks out as the they?' whom he "to have been able to see their faces, and thus taunts as with the term of the great"to hear their observations to each other" est reproach the loyal?' a term which "at the time.' What was this but up- 66 ought to ensure respect and regard, as "braiding the inhabitants of Ely for sitting" embracing the first duty of subjects in quietly by and seeing this punishment" a well regulated state towards their "inflicted on mutineers who had been " Sovereign. This was the character of "regularly tried, convicted, and sen- "the libel which the Defendant, Mr. "tenced to receive this punishment; and " Cobbett, was now called on to answer telling them that they ought to be asham- "for. If this was the character of the "ed to look each other in the face, in con- "libel, which, he presumed to think, sequence of their not having assisted in "could not be denied, their Lordships resisting it? Black as this was, this," would readily see the tendency of such a however, was not the blackest feature in "publication, and they would easily esti"the present publication. The author" mate what the consequences would have "went on to hope that, after this occur- "been if the publication had produced the 66 rence at home, we would be a little more "effects which it was calculated to have "cautious in drawing conclusions against "produced. What if the soldiers had Buonaparté, and that we should no "caught the spirit of dissatisfaction and 66 longer hear of the cruelty, and of the ty- disgust, which was thus suggested for "rannical acts of Buonaparte. By looking" their adoption? What if the flame thus "back to former parts of the publication, "sought to be kindled throughout the whole "the Court would find that this meant, 66 kingdom had been lighted up? The "that the subjects of Buonaparte were sub-" consequences were too fatal even to be "ject to a less severe measure of restraint "pointed at. It would have gone to break "than the inhabitants of this country. On" up every thing that was estimable in so"this principle, alluding to the means ciety-it would have gone to the deemployed or said to be employed by "struction of civilization and good go"Buonaparte to get together and discipline "vernment in the country. It might be "his conscripts, the publication states that" said by the Defendant that the publica"there is scarcely any one of the persons "tion in question had no such tendency, "who wish to cry him down that has not "and that these effects had not been pro"❝at various times cited the hand-cuffings," duced. That it had not the tendency "and other means of force, said to be used " contended for, he (the Attorney General) "in drawing out the young men of France,'" denied, though he admitted that, hap"and who has not cited these as affording pily, it had not produced the effects "a complete proof that the people of "which it was calculated to produce. That "France hate Napoleon and his Govern- " the publication in question had not pro"ment, assist with reluctance in his wars, "duced the effects which might have been "and would fain see another Revolution.' expected from it, we owed to the love of "Should it be suffered that the lawless "the subjects of this country towards their "libeller should tell the inhabitants of this" Sovereign and the established Govern"country that they were pressed into the "ment. We owed no thanks on this head, "ranks of our army with more severity "to Mr. Cobbett. It became, however, "than that which was exercised by the "the duty of that Court to prevent and "iron hand of oppression employed by the "guard against the recurrence of such "Ruler of France? There was, indeed, a "libels in time coming. Mr. Cobbett "degree of delicacy perceptible in the pre- "himself had taught the Court what the "sent publication, but it was delicacy only" consequences of passing by such publica"for the enemies of this country. The "tions with impunity would be. He had "author, after alluding to the means which "told the Court that other libellers had "Buonaparté employs in filling up the "been passed by, and argued upon that as "ranks of his army, corrects himself, and a ground for his own impunity. If he represents them not as acts practised, but were to-day to be passed by, or to be "said to be practised, by Buonaparté, in "visited with a light punishment, would "accomplishing this object- The means "not this, to-morrow, be adduced as a "which Napoleon employs (or rather

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precedent in favour of other libellers?

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Would they not be entitled to say, "If" of this country as a nation.

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Being once

"I, by libelling, be enabled to make a for-" brought before the Court, they (the tune, and to amass wealth, when, in re- "Public) knew that they might have con❝ turn, 1 will only have to sustain so slight"fidence in their protection, and that they "a punishment as that passed on Mr. Cob- "would no longer have occasion to dread bett, will I not cheerfully incur the a repetition of such outrageous insult. 86 nalty?” If the Court should now visit "He called on the Court, therefore, for "Mr. Cobbett with a light punishment," judgment on the Defendant. He called "could they answer for it that their arm "for justice; and that justice he knew "would be strong enough, next year, to "would be tempered with mercy, but he "check the evil to which he (the Attorney "trusted, that the Court would not forget "General) contended they were called on "that mercy was equally due to the public to give a vital blow this day? It now as to the Defendant at the bar.""lay in the Court to inflict on the Defen- Now, as to the necessity of a great military dant, Mr. Cobbett, a just and whole- force in this country, and as to the cause of some punishment, adequate to his of- that necessity; as to the general treatment fence. They had had before them libel- of the soldiers in this country and their "lers on the private character of indivi- being better treated than at any former peduals; such they had esteemed proper riod; as to the punishment inflicted upon "objects of punishment; and that the the Local Militia at Ely; as to the em"punishment so inflicted would tend to ploying of the Germans upon that occasion; diminish the frequency of the offence, if as to the use of German Troops in this "not to prevent it entirely. They had country at all; as to the people of Ely be"had before them those even who had ing able to look oue another in the face; as been guilty of libelling the administration to the manner in which Napoleon would of justice in the country. That was a have treated the Local Militia; and as to "high offence, because it tended to take my "delicacy" towards the enemies of my "from the credit and authority due to the country: these are all matters upon which judgments of the Courts of Law, and I shall say nothing at all. They have all "tended to make them of less effect. Such been fully discussed; they are all well un"offences, and justly too, were visited derstood; there can be, in the mind of no "with a severe chastisement. But, if that man of common sense, a mistake with re"offence, great as it was, were to be com- spect to them. There is, indeed, one little "pared with that now under consider- sentence, made use of by the Attorney Geation, it must sink into utter insignifi- neral, respecting the treatment of the Sol"cance. The present libel went to sub-diers, which is rather obscure; at least to "vert society itself, and, whatever might me it is so. He is stated to have said: "be thought of the atrocity of others which "How essential is it that the community "had preceded it, the present was one of "should be satisfied, that nothing tyranni66 a much darker and blacker hue. The "cal, that no force beyond the law, is em"Court were therefore called on to inflict" ployed in compelling the inhabitants of "such a punishment as should, at least," this country into the ranks of the army.' "make men pause before they embarked I do not understand the meaning of this. "in libels similar to that published by the These two phrases are, in my view of "Defendant, Mr. Cobbett. The army, things, by no means synonymous; because, "against whom this libel was in a peculiar if they were, the oppressions, which, as manner directed, called on the Court for we are told, and, perhaps, truly, the peo"justice against its traducer. The Go-ple of France are compelled to undergo, "vernment called on them for confirmation would not properly form a subject of com"of its legal powers; for what Govern- plaint, seeing that they are all exercised "ment could possibly exist, if it were not under the sanction of law. There are De"protected against such attacks as these? crees or Senatus Consulta for the forcing of The country, which looked with horror the young men of France to go into the "on the mischievous tendency of the libel army; yet, the forcing of them so to go has ❝ now under consideration, called on them been, and yet is, represented, in this coun"for protection against the numerous evils try, as being most abominably tyrannical. "which the propagation of such publi- I perfectly agree with the Attorney General, cations were calculated to engender, that it is essential, that the community "going, as they did, to the total subver- should be satisfied that "nothing tyrannical "sion of social order, and to the existence" is employed in compelling the inhabitants

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were brought forth in answer to, and in
contradiction of, assertions made by him in
his first speech. It is, therefore, very
surprising, that he should not have made
an attempt, at least, to refute them. He
seems to have been very anxious to put
every thing right in the public mind; and
how comes he, then, to have left these
"calumnies" totally unanswered, especi-
ally when he looked upon them as being
almost as bad as the original libel ?”.
Upon the SECOND assertion, that I had
written the publication in question for gain's
sake; that I had amassed wealth, made a
fortune by libelling; and that, I had, in
short, in my writings, been actuated by a
craving after base lucre; upon this, the
first observation to make, is, that it con-
tains a beautiful compliment to the people
of this country, and comes in with peculiar
fitness close after the assertions, that their

"of this country into the ranks of the "army;" but, towards the producing of this desirable effect his statement is not at all likely to contribute; and, indeed, unless he had stopped at the word "tyrannical," and spared the subsequent definition, he would have done well to hold his tongue upon this part of the subject.-There are two assertions made by the Attorney General, during this memorable speech, which assertions materially affect me, and upon which, therefore, I must beg leave to trouble my readers with some observations. The FIRST of these assertions is, that I made my "defence a vehicle for other calumnies and slanders, almost as bad as the original libel."-The SECOND, that I wrote the publication in question, and, generally, every thing I wrote, for "base lucre." He does not say this in so many words; but, in speaking of the cases of the other defendants, as contradistin-good sense prevented the mischiefs which guished from mine, he says, that whatever arose from it (the publication) of "base lucre and gain" accrued to me alone. And then, in another part of his speech, where he is stating the evil consequences, which, in the way of example, will arise from a slight punishment of me, he asks if other libellers will not, in such case, be entitled to say: "If I, by libelling, be enabled to "make a fortune, and to amass wealth, "when, in return, I will only have to "sustain so slight a punishment as that "passed on Mr. Cobbett, will I not cheer"fully incur the penalty?"There are several other assertions, which, as occasion offers, I may be disposed to notice; but, these two are all that I shall notice at preWith respect to the FIRST, namely, that I had made my defence a vehicle for other calumnies and slanders, much more need not be said, than was said by every one who heard or read the speech, and that is, that it is very strange, that these new calumnies were not named by the person who was speaking in aggravation. He had had nearly a month to consider of, and to inquire into, the facts (for I dealt not in insinuations) stated by me in my defence; and, how comes it that he did not contradict any one of those facts? How came he to content himself with a general assertion, unsupported with even an alleged fact? Had he not time to go more minutely into the matter; or did he, out of mercy, forbear to prove these new calumnies upon me? Was it compassion that operated with him upon this occasion?

sent.

-These "calumnies," as he calls them,

the publication was calculated to excite, and that they even called upon the court to punish me. No: the people of this country were so sensible, so discerning, so loyal, and held libelling in such abhorrence, that they were not to be excited to sedition by me; and, in a minute afterwards, to publish libels is, in this country, the way to make a fortune. The Army, too, abhorred this work of libelling, and even called upon the court to punish me for it; and yet, but only a minute before, there was great danger of my creating disaffection in the army, of throwing every thing into confusion, and of producing the destruction of "Social Order and our Holy "Religion," as John Bowles has it. The Attorney General was in a difficulty. It would not do to say, that my writing had no effect upon either the people or the army; it would not do to say, that what I wrote dropped still-born from the press, or, that it made no impression upon any body; it would not do to say this, and yet it was paying me too great a compliment to suppose that I had the power of inducing any body to think or to feel with ine; therefore, I was, in one and the same speech, represented as a most mischievous and a most insignificant writer. But, to return to the charge of writing for "base " lucre," I think the public will have perceived, that there was nothing original in this part of the Attorney General's speech; for, the charge had, in all forms of words, been long before made by the basest of my calumniators, by the vile wretches, who notoriously use their pens

1.

writings, not excepting their sermons; and is not that hunting after "base lucre?" It is equally notorious that Lawyers are daily in the habit of selling reports of cases and other writings appertaining to their profession; and what can their gain thereby be called, then, but "base lucre ?" Burke

and their pencils for pay, and who do not, like me, look for remuneration to the sale of their works to the public. The idea of my having" amassed wealth," arose, in the first place, perhaps, from the envy of the worst and most despicable part of those, who wished to live by the press, but who did not possess the requisite talents to en-sold his writings as well as Paine did his; sure success to their endeavours, and at nay, the former, for many years, and being the same time preserve their independence; a member of the Honourable House all the or, who were so deficient in point of in- while, actually wrote for pay in a periodidustry as to render their talents of no avail; cal work, called the Annual Register; and, and who, therefore, resorted to that spe- of course, he sought therein after “base cies of traffic, which exposed them to my "lucre." Base lucre it was, according to lash. Such men would naturally hate me. this doctrine, that set Malone to edite Such men would naturally wish for my de- Shakespeare, and that induced Mr. Tooke struction. Such men would naturally stick to write his Diversions of Purley; and, in at no falsehood, at no sort or size of ca- short, every writer, whether upon law, lumny against a man, whose success was physic, divinity, politics, ethics, or any at once an object of their envy and the means thing else, if he sell the productions of his of their continual annoyance. But, from a pen, is exposed to this new and hithertoperson in the situation of Attorney General, unheard-of-charge.-There is, indeed, a one might have expected a little more cau- species of gain, arising from the use of the tion in speaking of the character and motives pen, which does well merit the appellation of any man.- Let me, before I come to my of "base lucre;" but, the "Learned particular case, first ask why the gains of a writer or of a book or news-paper proprietor are to be called "base lucre," any more than the gains of any other description of persons? Milton and Swift and Addison received money for their works; nay, Pope received more, perhaps, than all of them put together, and wrote, too, with ten times more severity and more personality than I ever did; and yet, no one ever thought, I believe, of giving to his gains the name of "base lucre." This is a most sweeping blow at the press. Let no one connected with it, in any way whatever, imagine that his pecuniary possessions or his estate, if he has gained one, will, or can, escape the application of this liberal charge. The fortunes of Mr. Walter, and Mr. Perry, and Mr. Stuart, and Mr. Longinan, and Mr. Cadell, and of all the rest of them, are all to be considered as "base lucre." Base Jucre is the fruit of the industry and talents of every man who works with his pen; and those whose business it is to inform and instruct mankind are either to be steep-fairly be called base; for here, as in the ed in poverty, or to be regarded as sordid former case, he makes a base bargain for and base hunters after gain. Dr. Johnson, the use of his talents. It is the same with if now living, must, at this rate, be liable those, who are mere proprietors of works to be charged with hunting after "base and not writers, and who vend their pages "lucre," for he really lived by the use of for a like consideration, coming from a his pen. Paley also sold his writings, and like source. But, if a man sell to the pubso, I dare say, did Locke; and why not,lic, sell to any one that chooses to buy then, impute baseness to them on this ac- with his own money, and resort to no count? It is notorious, that thousands of means of cheating the purchaser out of the. priests, and even Bishops, have sold their price of what is sold, there can be nothing

Friend" seems to have mistaken the mark. When a man bargains for the price of maintaining such or such principles, or of endeavouring to make out such or such a case, without believing in the soundness of the principles or the truth of the case; such a man, whether he touch the cash (or paper-money) before or after the performance of his work, and whether he work with his tongue or his pen, may, I think, be pretty fairly charged with seeking after "base "lucre;" for he, in such case, manifestly sells not only the use of his talents, but his sincerity into the bargain, and drives a traffic as nearly allied to soul-selling as any thing in this world can be; nor does it signify a straw from what quarter, or in what shape, the remuneration may come, for the motive being base, the gain or lucre must be base also. Again, if a man receive from the taxes, that is to say, from the people's money, a reward for writing any thing, especially upon controverted political questions, the lucre accruing to him may

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