« ZurückWeiter »
answers; but lord Mansfield would the private conduct of the judge, pot confent.
and then to maintain, that a state“ As far as this attack upon lord ment of the private condud of a Mansfield went, it was perfectiy jujudge at chambers, or at his owne dicious; and it would have been house, was a contempt of the court. imprudent to have pushed the mat- It would not be very difficule, to an ter further; because an attempt of artful bad man, to construe most that fort might, and most probably libcls into a contempt of court. would have bronghe the fubjeét “Mr. Dunning saw the extent into general debate ; and thereby of the manæuvre. The case was have been the cause of establishing this. Lord Mansfield had altered lord Mansfield's doctrine irreverse the record in the case of Mr. bly, and clothing it with all the Wilkes at his own private houfe. folemin graces and fanctions which Anongft the many parts of lord a certain well-known crafty influ. Mansfield's conduct which were once can eafily procure.
cenfured in the Letter on Libels “ The next attack that lord and Warrants, was this fact, of his Mansfield made on the rights of ju. altering the record. The writer's yies, was not less interesting, but it statement of this fa&, lord Maní. was open and avowed. The judges field called a contempt of the court, of his own court supported his de. The process upon a contempt, fign without, perhaps, perceiving which is always some clear indica the nature and extent of it; at putable fact, and generally against Leaft it may be candid to admit the the officers of the court, attornies poslible supposition, for lord Manf. or evidence, is by issuing a writ of field's art was usually the best of attachment, and the defendant anart; it was the art to conceal it. swering upon oath such interroga. felf; but this attempt was attended torits as Mall be put to bim. If with an advantage to the public he purges himself (as it is called), thai lord Mansfeld did not foresee. of the charge, he is acquitted; if It brought forth the strong admir- not, the court infict such punith. ed talents, and grear legal abilities ment as they think proper. There of Mr. Dunning, afterwards lord is no other trial, nor any jury callAthbarton.
ed in. “ It has beey already mentioned, “ Whether what lord Mansfield under the head of the duke of had done was right or wrong, could Grafton, tha: lord Mansfield was not by this process become a nikto exceedingly hurt by a tract of great ter of inquiry, por even of animadcelebrity, entitled A Letter on version. If lord Mansfield had * Libels and Warrants, &c.' He proceeded in any of the usual ways therein saw his doctrines of law, against libels, by action, informa. and his conduct as a judge, treated tion, or indi&tment, there would in a manner that was no way fa- have been latitude for the display vourable to his views. But als of the ingenuity and ability of though he was ardent to punish counsel. He took this for the the printer, he did not choose to more prudent and certain way. trust a jury with the cause He But his attempt was opposed with therefore contrived a new mode, or a degree of intrepidity and firmoels rather revived a very obsolete one he did not expect." from the star-chamber. This was Our limits will not permit us to connect the matter of libel with to insert the outlines of the argu•
ments, why the writ of attachment gan to flourish, in his usual style, Mould not iffue }
upon the sacred privileges of am, " In July, 1795, the ministry bassadors, the law of nations, &c. were changed; and a total revo- &c. repeared fumething about colo lution in politics took place. Mr. lusive motions, and took notice that Yorke, who had been appointed the application for redress ought attorney-general, was desirous of regularly to have been m de to continuing the prosecution; but count Bruhl, or to his majesty's the marquis of lockingham, who attorney-general. was thev minister, interposed, and “ Mr.justice Afton said, delibe, prevented any tarther proceedings' rately, that he agreed eutirely with
"lo the month of lovember, the lord chicf justice, and that the 1768, a wona ! having appeared motion ought not to be granted. before two of his majesty's justices - Sir Fietcher Norton then said, of peace, to twear a child against that, after he had declared himself the secretary to count Bruhl, the the adviser of the motio:, he did Saxon minister; the court inter- not expect to have heard it again fered, and the justices were afraid called collusive; that he despised to proceed. The woman applied to and abhorred all ideas of collusion Sir Fletcher Norton, who advised as much as any man in that court; that a motion should be made in that it was the first time, and he the court of King's Bench for a per. hoped it would be the last, that he emptory mandamus to the jus. should hear the court of King's tices to proceed in that filiation. Bench refer an injured subject of The motion was accordingly made Englaad to a foreign minister, or to by Mr. Mansfield.
an attorney-general, for redress; * The lord chief justice Manr- that the laws of this country had field received it with marks of an. not left his majesty's subjects, com. ger and furprise; he said he did plaining of injury, without a legal not understand what was meant by and certain protection; that their such collusive motions, unless it claim was a claim of right, upon was to draw from that court an which the court of King's Bench had opinion upon the privileges of fo- full authority to inquire, and must reign ministers, which they had no determine; that if his clients were right to meddle with; that the injured, he should always bring motion was absolutely iinproper; them to that court for redress, let that he wondered who advised it, who would have committed the in. and that he certainly should not jury, and he would take care that grant the mandamus.
that court should do them justice; .“ Sir Fletcher Norton then got that his motion was proper, and up and said, that the party was should not be withdrawn. bis client; that his majesty's sub “ Judge Yates then said, that jects, when injured, had a right to the reasons offered by fir Fletcher redress fomewhere or other: and Norton had clearly co' vinced him; that he knew of no place where that he had not the least doubt of such redress could be legally the authority of the court to proapplied for or obtained, but in the tect his majesty's subjects; and court of King's Bench; that there. that, for his part, he Thould neve fore he had advised the motion. refer them either to a foreign mi* Lord Mansfield, upon this, be mister, or to an officer of the crown;
thas rbat he thought tbe motion perfea. courage to rise up in his place and by regular, and that it ought to be deiend his own judgment. He has granted. ship expected, and he could not field said, The Howes had no · help expressing his disappointmeni "heads;' to which Gr Clay. at dinner at one of the Surrey af- con neativ repiicd, • Then what fizes; the subject of conversative will become of the heads of those being the American war, lord Mans. "who sent thein?'
DOX 2 word. Judge Afon then began to se “ If he was ambitious of being cant.' He said, that he was always thought a Væcenas, which was glad to be convinced of a mikake, supposed, that roay be pretended and happy in having an early op- to be some exesse for his judgment portunity of acknowledging it, that on this quelico in the court 05 from what his brothes Yates and King's Bench, but cannot apologize hr Fletcher Noston had said, he for abandouing his own character law clearly that his first opinion in the house of lords. bad been crroneove, and that he w By bis patronage of fis Jonas agreed the motion ought to be Dalrymple, who compiled - The gjanted.
Meinoirs of Great Britain,' 21 “ Lord Mansfield then, in great ready mentioned is the preceding confusion, Said, 'that he should chapter; and of Mr. Lind, wbie
take tinse to consider of it." To wrote fome tracts entitled, Lerters this fr Fletcher Norton>replied, that, bon Poland, in which the late king as two of the three judges were of of Prussia is treated with great as the farne opinion, the motion must perity; and some tracts against A. • be granted; but that, for his part, merica, during the American was, * his lordship wanted any time to in support of the miniftry; and of confider, whether, when a subject fome other writers of the Earne applied in the court of King's principles; perhaps be lattered Bench for redress, he was or was himself with tbe bopes of briog not to be referred to a foreign mic esteemed an eixourager of literary nifter, or to an attorney-general, pen. But avarice was his suling he had no objection to allowing paffion. He used to say, those who him all the time he wanted. Purchased estates, preserved sheis
46 Thus wickedness and folly principal but received no intereft; were defeated, and the auhaypy chofe who bought in the funds, hade foreign minister, in spite of the interest but, no principal. He laid law of nations, was obliged to out his money is mortgages, and comply with the law of nature, and good securities, by which be bad to provide for his child.”
both principal and intereß. • The conduct of lord Mans « His lordshig was also ambitifield, on the question concerning ous of being thought a Statemap. literary property is well known. Upon one occasion only be thone as He gave a judgment in the court of a politician: this was his attack on King's Bench, by which tlre Lonthe suspending and dispenfiag pre. don book sellers were induced to rogative in the king, which was. uabelieve they had a permanent pro- doubtedly made with great ability; perty in what they bought; and but the case may be said to have when the matter came to be argued been more a matter of jurispru. in the house of lords, upon an ap- dence than politics; and although peal, and he was firmly attacked he gave to his eloquence all the ad. by lord Tiurlow (then attorney- vantages he had acquired by a long general, and counsel for the appel- exercise, yet the merit of the attack lant), and all his doctrine repro- is Jeffened, when it is recollected bated by lord Camden, be las not that lord Camden had maintained
thie mecelity of a suspending power upon the Boston Port Bill, in reply in a case of innninent danger of fa- to lord Dartmouth, at ibat time se mine, w'bich was the fact, and that cretary of state for the colonies. lord 'Mansfield warmly embraced His lordship said, the sword was this opportunity of upholding a true "drawn, and the scabbard thrown aconititutional doctrine, te gratify • way. We had passed the Rubicon;" this envy and hatred of lord Cam. alluding to Cæsar's march to Rome: den. His motive was founded in This was not less a prophetic and perfonal rancour, not in contitucin dreadful denunciation 1o the intercoad. All those who are acquaint. efts of Great Britais, then the ined with the history of the time will scription ou the bridge over the not befitate to admit this distinc Rubicon was to the fate of Cæfar, tion. But the tract which was and the liberties of Rome. published, called "Ą Speecha de " Montesquieu, in confidering * gaind the Suspending and Dispend the causes of the grandeur and des *ing Prerogative, and contained all clension of the Romans, obferves. shas lard Mansfield advanced in his thn · policy kad not permitted aro speech upon this subject in the house mies to be Stationed (car Rome, for of lords, was ikeat written by his lore this reason considerable forces were thip, alchough generally believed te kept in Cisalpine Gaud; but coke have been his productiow, nor was 'cure the city of Race against thole he privy 40 the writing or pub- troops, the celebrated Senates Conte lication. The pamphlet was writ. Julčuw was inade, till so be seen entAta by lord Temple, and lord Lyt. 'graven on the way from Rimini to zelton, and a gentleR1211, who was •Celena; by which bey devoted to present at the debate, and fates in the infernal gods, aad declared to ibe form of one speech all the ar. "be guilta of sacrilege and parricide, guments on that side. However, 6thole who fhould with a legion lord Mansfield's motives may be with an army, or with a cohort, excused, if the Severity of his attack pass the Rubicou.' Montanus gives anakes minifters more allduolls in the inforixion at leisgid, which is their duty, for they had information stronger than Montelquieu states of the approaching danger, and did and lays, chaat Aldus Manutius, in nor attend to it; if they bact, ficha the year 1565, in his way from attention would have preveuted the Venice to Rome, saw this infcrip' neceflity of resorting to so violent a dion, and carefully transeribed it. remedy.
When Cæsar, in his march for w Of bis.lond ship's political opi. Romne, had advanced to the Rabia nions and conduct, it would have colhhe paused a few moments at been happy for his country if they this infcription, but his ambition bad been founded in whole jus prin- prevailing, lae palled over the bridge, ciples of all government, which and then exclaimed, "The lot is make the honour of the state and cas, let the gods do the rest! the interests of the people perfe&ly “Whoever knows lord Manfthe same. His political ideas were field's influence in the British cabilike those of lord Bute; they were net, will say this was the die of A. contracted, splenetic, and tyranni- merica.” cal. No baier proof need be given “ In the progress of the Americhan his memorable apostrophe in can war, lord and general Howe. she boule of lords, in the year 17740 had not the success which his lord
ANECDOTES of the REIGNING SULTAN, and of the RULING CABINET
at the OTTOMAN COURT.
From CONSTANTINOPLE ANCIENT and MODERN, &c. by JAMES DALLAWAY, M.B. F.S. A. late Chaplain and Phyfician to the Bri.ith Embassy to the Porte.] :
a A Few anecdotes of the ful and sultan Mahmnod, the sons of
A tan and the present ruling Abdul-hamid and the only remain cabinet, which I offer as genuine, ing heirs of the empire, are both may not be unacceptable, as vari- minors. They experience a geneous causes seem at this junéture to rous return for their father's kindconfpire, by which the Ottoman nefs, and are treated with suitable court may take a more active par: on respect. Each has bis separate fuite the great political theatre of Europe. of apartments, and fixty attendants, Sultan Selim III. is the eldest male amongst whom are thirty elderly descendant of the house of Orfemale slaves, with an annual reve. man, who in 1299 establisherd the nue of L 5000 sterling. The good fifth dynasty of the kalifes. At the musulman, who laments the poffi. death of his father Mustafa III. in bie extinction of the imperial fami1775; he was fourteen years old. ly, is comforted by the astrologers, According to the known precedent who have publicly declared, that amongst the Turks, Abuul-hamid, after he has attained to forty years, his uncle, succeeded to the throne; furian Selim will be blessed with a for thev disdain to be governed ei. numerous progeny. ther by a woman or a boy.
.“ His countenance is handsome " At his accession Abdul-hamid and impressive, and his figure good; had reached the age of forty-nine, he is affable, and poflefTes much and during the fteen years' reign speculative genius, is not ill inof his brother Mustafa bad endured formed of the characters and sepa. a state imprisonment which the rate interests of his contemporary jealous policy of the seraglio bad princes, and has every inclination dong ordained. As a folace of his to reconcile his subjects to the confinement, he cultivateci literature superior expediency of European and the arts of peace. His dispofi maxims, both in politics and war. tion, inild and beneficent, induced But it is dubioas if he be capable him to forego the ancient prejudice, of that energetic a-tivity, and that and to superintend the education of personal exertion, which are requirfultan Selim, giving him every li- ed in an absolute prince to re-moberal indulgence. Sultan Mustafa del a people whole opinions are not