but it blowing very fresh at west, it was late in the night before the prize could be secured and the prisoners shifted, which having done, I thought it necessary, from the number on board, and the state of the Shannon's rigging, which had suffered much in the late gale, to proceed for this port. Le Douguay Trouin is 112 feet long on the gun-deck, and 30 broad; she is very well found in every thing as a privateer, and sails fast. I have the honour to be, &c. ALEX, FRASER. Vice-Admiral Kingsmill, Cork. This gazette also contains au ac count of the capture of a Spanish letter of marque, of 6 guns and 17 men, by the Aurora, capt. Digby. 13. The lord mayor held a court of common council, in conse quence of the requisition he received while sitting in the last court, for the purpose of considering a motion for voting a sum in aid of the voluntary contributions at the bank of England, for the defence of the country. Mr. deputy Welch introduced the motion, observing, that at this momentous crisis, it was necessary for something more than professions to be done; he would therefore move, that the sum of 10,0001, be voted. After several gentlemen had given their opinion on the subject, the amended motion was negatived, and the court almost unanimously agreed to vote 10,000l. and the chamberlain signed the book for the same. The resolution was ordered to be printed in the papers. After the court broke up, several of the aldermen and commoners subscribed their names for various sums in a book, which was produced by Mr Kemble. Admiralty Office, Feb. 17. This gazette gives an account of the capture of Le Mars, of Nantes, privateer, 16 guns and 220 men, by capt. lord A. Beauclerk, of the Dryad. 19. In the court of King's bench came on before a special jury the cause of Ferguson v. Addington. Mr. Ferguson addressed the jury, and stated, that he was plaintiff in this case against sir William Addington, and he had no doubt but he should convince the jury that a more aggravated case never came before a court of justice. The defendant had proclaimed him to his country as a violator of the laws of his country, and of having incited the people to hatred and contempt of the king's person and government. Upon this charge he had seized and imprisoned him, and treated him with every species of insult. It was unnecessary for him to state, that a charge of this kind was at all times, and under any situation, a most serious charge; but, at a moment like the present, it was infinitely more so. Party zeal and prejudice now ran so high, that a man accused of such an offence, could not expect to have his defence heard dispassionately by the public. In the peculiar situation in which be stood, such an attack might have proved his utter ruin, He had lately been called to the bar, after an opposition from some gentlemen, which he hoped, upon cool res flection, they were as able to reconcile to their consciences as be was willing to forget it. But he wished to ask the jury, how a man accused of such an offence could come into a court of justice to undertake the defence of the rights of others, and to call for the due administration of (B 4) that that law, of which he was accused of being a violator? Even the noble judge upon the bench, with all his desire to do strict and impartial justice, must feel his mind in some degree prejudiced from a charge like this, because he could not be exempt from the infirmities of human nature. He trusted that no prejudice would be excited against him from the circumstance of his appearing in person to plead his own cause; but his character was involved upon this occasion, and no other person could so well state, what his feelings were, and what were the motives which induced, him to bring this action. If.it had not been for that reason, he certain ly should have profited by the eloquence and ingenuity of the learned gentleman below him (Mr. Erskine), from whose zeal and friendship he had every thing to expect. From the general interest which this case had excited, it appeared to him to be impossible that it could be raised by his individual injury, gross and aggravated as it was. The public shewed by the interest which they took in this cause, that they thought their interests and their liberties were at issue. The question for their decision was simiply this, Whether a magistrate had a right, under the pretence of obeying an act of parliament, to take up an individual for exercising his rights as a free subject? With respect to the mode in which this defence was to be carried on, he begged to say one word: he did not expect to have met with so formidable an opponent as Mr. White upon this occasion. But though he saw him attending as solicitor for the defendant, he had no doubt but that the Treasury would no more pay him than they would the da mages which the jury might think But, proper to award in this case. in any capacity, Mr. White was a most formidable opponent, particularly when supported by the first law officers of the crown. Under these circumstances, it might be supposed that he felt some, alarm; but he felt no kind of uneasiness, and he was sure the jury would soon be discharged from their duty. The attorney-general had, upon many occasions, stated, and particularly at the Old Bailey during the trials for high treason, that be never commenced a prosecution which his couscience did not call upon him to do; he (the attorneygeneral) had stated, that his character was more dear to him than all the wealth of this world, and be wished to transmit it, untainted, to his children. He believed the attorney-general was perfectly sincere in this declaration; but then it convinced him, that great misrepresentations must have been practised upon that learned and right-honourable gentleman in this case, to induce him to undertake this defence. He desired the jury to consider who this defendant was; he was sir William Addington, a person whose conduct as a justice of peace was not very immaculate. He had appeared before that court very often, and had been found guilty, at least of error. This ought to have been au additional reason to the attorney-general to have been more minute in his inquiries into the case before he undertook this defence. He requested they would recollect, that the defendant was a magistrate appointed under the authority of the act of the 32d of the king, for the prevention of felonies, &c. within the city of London and the adjacent parts. Magistrates of this kind were not in the same situation, or Lad they the same duties to perform, pretended to have acted was an act of the 36th of the present king, better known by the name of the 66 .perform, that those independent ! gentlemen, who undertook that important office, had; and it was rather singular to observe, that this bill for the better prevention of act, for the first time, introduced sedition," &c. With respect to this the words fit and able men, as the and the other treason bill, he should persons who were to fill that office; not now say one word-if the eloin this they had deviated from the quence of the best and greatest man good old practice of our ancestors, this country had produced, and who, when they were describing who had now retired after many inthe necessary qualifications of a ma- effectual efforts for the safety of the gistrate, used the terms good, law country, had proved useless, and ful, and worthy men. The words had had no weight upon the counfit and able were rather singular to try, it would be highly improper apply to a magistrate. It might be for him to intrude any observations very proper to say, a fit and able upon the court; but whatever insoldier, a fit and able sailor, or even fringement this bill had made upon a fit and able hangman; but surely the liberties of the people, still he it was an expression that, of all-admitted that if the defendant had others, did not belong to a justice of the peace. acted fairly upon it, then this action could not have been maintained. This act gave great powers to megistrates. No meeting could be tice of it was given; and the magistrates have authority to disperse any meeting assembled in consequence of the notice, in certain cases. The clause which applied to his case was.the 7th, which enacts, that if any person shall wilfully and advisedly maintain any proposition, or hold any discourse, tending to turn into contempt, or excite discontent against his majesty's person and government, the magistrates who may be present are authorised to take him into custcdy. It was for the jury to consider whether he has been guilty of this offence; aud, if he bad not been guilty, to give such damages as in their judgment the justice of the case required. Mr. Ferguson then proceeded to read several extracts from the statutes of Edward the 3d and Rich-beld unless a public and specific noard the 2d, selating to the office of .justice of the peace. le said, he read those extracts to shew, that , those justices were not what they were required to be by the old law of this country, and to convince juries that they ought to be much more jealous of such men as these, than they ought to be of independent gentlemen, who took that troublesome office without any pecuniary object, whatever. Upon this subject he begged to read an - extract from Blackstone's Commentaries, which treats of the danger of having improper cttarac:ters in that situation. These. were all the observations he should .make with respect to this defend ant, and would leave it to the jury to draw their own conclusion from what he had said. He would now state to the jury the circumstances of this case: in the first place, he should state to the jury, that the act under which the defendant He should now proceed to state the circumstances of this case:There was an advertisement of the London corresponding society inserted in an evening paper, and signed by seven householders. He was was not a member of that society, but he had the highest esteem for it, on account of its uniform endeavours to procure a reform in parliament upon the principle of universal suffrage and annual parliaments. There was nothing in that advertisement to which any honest man could besitate to sign his name. After this advertisement had been published, a hand-bill from the magistrates of Bow-street was posted up, declaring such intended meeting to be illegal; but he apprehended such a declaration had not the power of making it illegal, if the meeting in itself was not so. The executive committee of the corresponding society, who were anxious in every respect to conform to the law, sent to the police-office, in Bow-street, to know upon what ground this meeting was declared to be illegal, but they were not informed. The meeting was held spon the 31st of July, and he would prove to the satisfaction of the jury, that so far from having said or done any thing at that meet ing which could be construed into sedition, there was not a single part of his conduct which would not convince them that his whole object was to make the people act peaceably, and disperse when they were called upon so to do. To prove that this was the tenor of his conduct, he would call a Mr. Law, ■ man as respectable as any who then heard him. Mr. Ferguson then proceeded to state what Mr. Law would prove, but as Mr. Law was afterwards examined, we think it unnecessary to detail the whole of it twice. During the time he was in the field, there was a rumour that the proclamation had been read in another part of the field; he made inquiry into this fact, and being in formed that it was so, he then advised the people to disperse, and said there could be no good in having thousands of good citizens butchered. Much stress might be laid upon the word butchered, but certainly without justice; for he used it as a strong argument to induce the people to disperse quietly, But even if, in the warmth of pub lic speaking, or from the feelings that animated him at that moment, he had used a strong expression, it would not be sufficient to inculpate him, because the act required that they should be spoken wilfully. When he used that expression, no notice of it was taken by the defendant; on the contrary, he said, "that is right, sir, that is right, sir ; "you speak like a man." But afterwards, when he said, "We shall "soon see, citizens, whether the " magistrates of Bow-street are the "interpreters of the law of Eng"land," the defendant immediate ly called out, "seize that fellow !" and his orders were obeyed. In considering how his conduct fell within the meaning of the sedition bill, in which, for the first time, were used the words government and constitution, it would be necessary to consider the meaning of those two words. If the government and constitution were to be separated, and the former was to be taken to mean the king's ministers, then, indeed, there would be an end to all our liberty. Mr. F. was proceeding to put cases in which men might find fault with ministers, when he was interrupted by Lord Kenyon, who said, the plaintiff ought not to make his own defence the means of unnecessarily abusing others. Mr. Ferguson contended, that he was only shewing what the conse quence quence of this act would be, if so pists were both armed and employ large an interpretation were given to it. With regard to the constitution, which, though mentioned in this act of parliament, had never before been referred to in any statute, it was not so easy to describe it. The only thing like an act of parliament, in which the constitution was mentioned, was the declaration of king William at the glorious period of the revolution. He should therefore endeavour to shew what the constitution was, by reading what our ancestors thought were infringements of it. [Mr. Ferguson here proceeded to read the preamble of the Bill of Rights.] "Whereas the late king James the Second, by the assistance of divers evil counsellors, judges, and ministers, by him did endeavour to subject and extirpate the protestant religion and the laws and liberties of this kingdom: by assuming and exercising a power of dispensing with and suspending of laws, and the execution of the laws, without consent of a parliament: by committing and prosecuting divers worthy prelates, for humbly petitioning to be excused from concurring to the said assumed power: by issuing and causing to be executed, a commission under the great seal, for erect ing a court, called the court of commission for ecclesiastical affairs: by levying money for and to the use of the crown, by pretence of prero gative, for other time, and other manner, than the same was granted by parliament: by raising and keeping a standing army within the kingdom in time of peace, without consent of parliament; and quartering soldiers, contrary to law: : by causing several good subjects, being protestants, to be disarmed, at the same time when pa ed, contrary to law: by violating the freedom of elections of mem bers to serve in parliament: by prosecution in the court of king's bench, for matters and causes only cognizable in parliament; and by divers other arbitrary and illegal courses. "And whereas, of late years, partial, corrupt, and unqualified persons have been returned and served on juries in trials, and particularly divers jurors in trials for high treason which were not freeholders: and excessive bail hath been required of persons committed in criminal cases, to elude the benefit of the laws made for the liberty of the subject: and excessive fines have been imposed: and illegal and cruel punishments inflicted: and several grants and promises made of fines and forfeitures, be. fore any conviction or judgment against the persons upon whom the same were to be levied. All which are utterly and directly contrary to the known laws and statutes, and freedom of this realm." He hoped that the word constitution had not been inserted in the act of parliament to which he had referred, in order to deceive the people. The rights and liberties of the people were a part of the constitution; and he who said any thing against them was guilty of bringing them into contempt, and was liable to punishment by this act. He assured the jury that he felt himself unconcerned as to the event of this case, except in as much as upon it depended, in a very essen tial degree, the liberty of the subject. The jury were infinitely more concerned than he was; and whatever the event of it might be, he should have the satisfaction of thinking that he had done his duty. |