After a few words from the lord chancellor, his lordship put the question, and the judgment of the Court of King's-bench was unanimously affirmed.

law of libel had been brought as near perfection, as was perhaps, possible: though, in earlier life, he did not think that the practice of the courts was right and legal in some points, yet he had lived to see it remedied. He could not pretend to enter into the merits of the particular case in regard to the punishment, as that was not before him, though he must say that it was a strange thing to be forward in condemning an acquitting jury. He had not been so long in the profession as the venerable judge who had just delivered the opinion of the bench; but he had never entertained a doubt of the power of the Court of King's-bench upon this point. Had he ever done so, he should most certainly have availed himself of many opportunities in his professional practice, for the sake of those clients who had put themselves under his protection, to bring the question to a solemn decision.

[Vide Evans's Case, 8 T. R. 172.]

See in 13 Hansard's Parliamentary_De. bates, 812, a Debate in the House of Commons (on March 27th, 1809), upon a Petition from Messrs. Hart and White, respecting their trials, convictions, and sentences, and the manner in which the sentence of imprisonment was executed. This Petition was withdrawn on account of an informality which was afterwards rectified, and the Petition was presented, read, and ordered to lie upon the table, on April 24th, in the same year.It will be found in the Votes of that day, and in 14 Hansard's Parliamentary Debates, 175.

[Clause XXIX.]-" And be it further enacted by the Authority aforesaid, That if any free person (not being a white), shall presume to strike a white person, he shall, by order of the next Justice, on proof of his striking, be severely whipped and imprisoned at the discretion of the said Justice, so as such imprisonment does not exceed six months.

[Clause XXX.]" And be it further enacted by the Authority aforesaid, That if any white person shall strike, beat, or otherwise abuse any free Negroe or Mulatto, on proof thereof made to any Justice of the Peace, he shall be bound over to the Sessions, and be punished at the discretion of the Justices then sitting, any law or usage to the contrary notwithstanding.

[Clause XXXI." And be it further enacted by the Authority aforesaid, That if any slave shall impudently strike or oppose any white person, any Justice, upon complaint and proof made, shall order a Constable to cause such slave to be publicly whipped at his discretion; and if such white person be any way hurt, wounded, or disfigured by any slave's resistance, such offending slave shall VOL. XXX.

have his nose slit, or any member cut off, or be punished with death, at the discretion of any two Justices; always excepting, that the slave do not the same by his or her owner's or master's orders, or in defence of his or her owner's or master's person or goods; and it shall be lawful for all persons to take away from any slave or slaves any hurtful clubs or other mischievous weapons whatsoever, unless such slave or slaves is or were intrusted with such weapons for the defence of his or their owner's goods or person."-Laws of the Island of Saint Vincent and its Dependencies, from the first Establishment of a Legislature to the end of the year 1809, p. 39, English fol. ed. of 1811.

Note to the words “ magistrates of Cumber

land" p. 489, l. 16, from bottom. It appears by the records of the Court of King's Bench, that in Michaelmas Term 1789, a motion was made to the Court for leave to file a criminal information against the duke of Norfolk, for granting licences to several persons to keep public-houses within the city of Carlisle, to whom licences had been refused by the magistrates of the city: it being charged that this had been done in order to serve electioneering purposes.-The Court granted a rule to show cause.

In Hilary Term following, cause was shown on the part of the duke by several affidavits ; in one of which the duke denied baving acted to serve electioneering purposes, and stated that before he had granted the licences a case had been laid before Mr. Chambré, for his

4 R

opinion upon the "Right of the county justices to interfere in granting licences, within the city of Carlisle ?" and if they had such right, Whether those justices who did not reside in the ward or division in which the city of Carlisle is situate could with propriety act at Carlisle?" upon which questions Mr. Chambré had given the following opinion: "The charter of the city of Carlisle having no clause expressly giving an exclusive jurisdiction to the corporation justices, I am of opinion that in general the justices of the peace for the county have a concurrent jurisdiction with them, and may act in and for the city of Carlisle, as well as for other parts of the county. The proviso in the 2nd Geo. III. chap. 28th, which excepts cities and towns corporate, might probably be inserted with a view to the situation of corporations whose magistrates acted exclusively; but the terms of the proviso are general, and I think the courts of law would not restrain it in point of construction upon mere conjecture; and therefore I think the power of granting licences in the city of Carlisle depends upon the statute 5th and 6th Edw. VI. only. Under that statute any two justices may licence, and a general meeting for the purpose is not necessary; neither is there any limitation with respect to the time of granting the licences. But though I think two justices of the county may execute the power, yet they ought to do it with great caution, and upon full inquiry concerning the characters and conduct of those whom they licence, and particularly of those who have before been refused. And I think it would be proper (though not a strict legal requisite) to give notice to the city justices who may have refused, desiring to know the grounds of refusal. Should they

[be satisfied that the rejection has proceeded from mere party motives, I see no impropriety in their granting licences."

And upon the other question the opinion was as follows :-"The statute 5th Edw. VI. on which I think the question depends, gives the power to the justices generally, without confining them to particular divisions; and therefore I think it unnecessary that the licencing justices should be resident in Cumberland ward."

This opinion was dated the 15th of Sept. 1789; and the duke stated, that before he joined with Mr. Christian in granting the licences, he sent a letter to the mayor desiring to know the objections upon which the licences had been refused; but the mayor sent him no answer.

The Court discharged the rule nisi for an information, but I have not been able to discover any note of what took place upon that occasion. With regard to this case of the magistrates, see what was said by lord Ellenborough in p. 488 and 783; see too Mr. Nolan's argument on the Special Verdict, | p. 913.

Note to the words "they should further order " p. 955, l. 6 from bottom.

Since this case was printed, there has appeared in "The Asiatic Journal" (Vol. 12, p. 587) a full and interesting report of the trial and conviction of certain inferior officers of justice, before the Hon. Sir Edmond Stanley, Chief Justice of the Supreme Court of Judicature at Madras, on an indictment for inflicting torture upon two individuals accused of murder, in order to extort from them a confession of their guilt.

minster in the county of Middlesex And the jurors aforesaid upon their oath aforesaid do further present that before the time of the composing writing printing and publishing of the said libel the said William Fullarton Thomas Picton esquire formerly governor of the island of Trinidad and sir Samuel Hood knight of the Bath were duly appointed commissioners of our said lord the king for executing the office of governor and captain general of the said island of Trinidad and did act as such commissioners at the said island of Trinidad to wit at Westminster aforesaid in the county aforesaid And the jurors aforesaid upon their oath aforesaid do further present that before

posed written printed and published a mir certain false scandalous malicious and defamatory libel intituled "An Address to the British Public" containing therein divers false wicked scandalous malicious and defamatory matters of and concerning the said William Fullarton as such officer and commissioner as aforesaid and of and concerning the conduct of the said William Fullarton as such officer and commissioner as aforesaid and of and concerning the said charge and prosecution against the said Thomas Picton and of and concerning the conduct of the said William Fullarton respecting the said charge and prosecution against the said Thomas Picton that is to say in bone part thereof according to the tenor and effect following (to wit) "The motives which induced Mr. Fullarton" (meaning the said William Fullarton)" at so early a period of his sojourn in the country" (meaning in the island of Trinidad)" to advance a charge of this complicated nature" (meaning the said charge against the said Thomas Picton)

the time of the composing writing printwing and publishing of the said libel a certain charge was brought forward and made against the said Thomas Picton for having while governor of the said island of Trinidad directed the application of torture to one Luisa Calderon for the purpose of extorting a confession respecting a robbery supposed to have been committed in the said island of Trinidad and divers proceedings had taken place and been had at the said island of Trinidad respecting the said charges to wit at Westminster aforesaid in the county aforesaid And the jurors aforesaid upon their oath aforesaid do further present that heretofore to wit before the time of the composing writing printing and publishing of the said libel certain proceedings had taken place in the Court of our said lord the king before the king himself the said Court then being holden at Westminster in the county aforesaid upon a certain indictment preferred and found against the said Thomas Picton for certain offences and misdemeanors specified therein and relative to and concerning the application of torture to the said Luisa Calderon to wit at Westminster aforesaid in the county aforesaid And the jurors aforesaid upon their oath aforesaid do further present that Edward Alured Draper late of the parish of Saint James within the liberty of Westminster in the said county esquire well knowing the premises aforesaid and being a person of a most wicked and malicious temper and disposition and unlawfully wickedly and maliciously devising contriving and intending to defame asperse scandalize and vilify the said William Fullarton in his life-time and as much as in him the said Edward Alured Draper lay to deprive him the said William Fullarton of his good name fame character and reputation and to bring him into great scandal infamy disgrace hatred and contempt with all the liege subjects of our said lord the king and that the said William Fullarton had conducted himself in a most disgraceful and malicious manner towards the said Thomas Picton and also that the said William Fullarton whilst such colonel of the said regiment of our said lord the king had been guilty of making unfaithful returns respecting the said regiment on the twenty-ninth day of April in the forty-sixth year of the reign of our sovereign lord George the third by the grace of God of the United Kingdom of Great Britain and Ireland king defender of the faith and during the life-time of

the said William Fullarton with force and arms at the parish aforesaid in the county aforesaid unlawfully wickedly and maliciously did compose write print and publish and cause and procure to be com

structions, but if I" (meaning the said Edward Alured Draper) "cannot give him much credit in this respect I” (meaning the said Edward Alured Draper) "shall not be deficient in acknowledging that the taste (if I may so pervert the real meaning of the word) which he" (meaning the said William Fullarton) "has shown in the selection of his charge argues an acuteness of discrimination, which when we consider the nature of the work, he" (meaning the said William Fullarton) "meditated, proves his ability in the way of crimination. Excellence in any line should never pass unnoticed between him who most exalts, and him who most debases his nature; there is but the moral difference of right and of wrong; the wicked ingenuity of the act by which that difference is contrasted may still be a subject of admiration, and the man may be handed down to posterity an object of universal horror and execration, while the record of his villainy yet remains a black but extraordinary instance of perverted talents and distorted genius. Mr. Fullarton" (meaning the said William Fullarton)

knew the temper of the happy country from which he came; he" (mean ing the said William Fullarton) “participated in accusations, which, not long since, had hunted down by a hue and cry of unpopularity, the reputation and fortune of a man, whom the highest and most honoured branch of the legislature at length pronounced innocent and guiltless. He" (meaning the said William Fullarton) well knew the feelings of the people of England, and with what facility and success, every imposture before him" (meaning the said William Fullarton and that he was an imposture) "had roused those feelings, which, according to their direction, cast so much honour or so much disgrace on the national character. Happy, too happy, I". (meaning himself the said Edward Alured Draper)" conclude, did he" (meaning the said William Fullarton) "feel himself when he" (meaning the said William Fullarton)" was able, with an air of great philanthropy and plausibility to offer to the public a new victim" (meaning the said Thomas Picton)" for popular indignation; Religion had lost its hypocritical cowl; Mahomet had long since monopolized all this trade; Patriotism had expended its mask; Wilkes is no more; the French revolution is passed, and the civil and political liberty of England disjointed by the shock, wanted the cement and fiery infusion of an inhabitant of a new and tropical region to support its weakness and to renew its expiring strength. Luisa Calderon' (meaning the said Luisa Calderon)" was

to be brought from another world, and an hypocritical Mulatta prostitute” (meaning the said Luisa Calderon), “a selfconvicted robber," (again meaning the said Luisa Calderon)" introduced into Westminster-hall, and associated with Hampden and with Sydney, to the edification and instruction of the present and succeeding generations. Why, alas! should this noble, generous, and highminded feeling, the peculiar boast and glory of the English nation, be perverted to the basest and most degrading purposes? Why should every mountebank in politics, every bankrupt in fortune and in honour, be capable of leading this charitable and magnanimous people astray, and of turning their feeling hearts, and reflecting minds to the furtherance of their own base and wicked designs? That this has actually been the case in the business of mademoiselle Calderon," (meaning the said Luisa Calderon) “I” (meaning himself the said Edward Alured Draper) have no difficulty in saying, that 1" (meaning himself the said Edward Alured Draper)" shall be able most satisfactorily to prove." And in another part of the said libel according to the tenor and effect following (that is to say) "What was it that produced those honourable and unquestioned testimonials, found in the whole course of the interrogatories, in the body of the return to the Mandamus so often alluded to? Why have those active and zealous magistrates come forward, when their praise or eulogium could be of no use or interest to themselves, except where the foul breath of such a calumniator as Mr. Fullarton," (meaning the said William Fullarton and that he was a calumniator)" would scandalously insinuate, that they were leagued and colleagued with him in crimes, and combined and united in a system of tyranny, oppression, and blood." And in another part of the said libel according to the tenor and effect following (that is to say) "In the base and infamous attempts to aggravate the supposed enormity of the crime imputed to colonel Picton," (meaning the said Thomas Picton)" and to fill up the four accusatory departments of which it had been composed (in the true spirit of the French Revolutionist) the foundations of religion and morality are sapped. The Catholic curate of the parish in which Luisa Calderon (meaning the said Luisa Calderon)" was born, is prevailed upon to furnish Mr. Smith, alias Vargas, and his worthy associate, Juan Montes, with fabricated certificates of her" (meaning the said Luisa Calderon's)" baptism and age, in order that the tender epithets of enfant and pucelle might be added to that of the interesting mademoiselle. Cal

deron, and as such she" (meaning the said Luisa Calderon)" was actually represented, when paraded by the honourable Mrs. Fullarton," (meaning the wife of the said William Fullarton)" who, on her arrival in Scotland, took her about in her carriage, and introduced her" (meaning the said Luisa Calderon) "to her female acquaintances." And in another part of the said libelaccording to the tenor and effect following (that is to say) “What will my honest countrymen say to this transaction? Colonel Fullarton F. R. S." (meaning the said William Fullarton)" to be proved the chief leader and conductor in a business" (meaning_the said charge against the said Thomas Picton)" which would have added to the infamy of the man whose bones are now bleaching almost opposite the windows of the very mansion which I" (meaning himself the said Edward Alured Draper) "am informed, Mr. Fullarton" (meaning the said William Fullarton)" at present inhabits. Let my lords Buckinghamshire, and Sidmouth, Mr. Adderly, and his" (meaning the said William Fullarton's)" otherquondam respectable friends, be pleased to read this part very attentively, they will perceive and acknowledge that my" (meaning the said Edward Alured Draper's) "case is made out, my proofs clear, unequivocal, and substantial." And in another part of the said libel according to the tenor and effect following (that is to say) "The six distinguished persons in this prosecution" (meaning the prosecution against the said Thomas Picton), “are, 1st, Mr. William Fullarton, principal" (meaning the said William Fullarton ;) “ 2nd, Porto Rico a Spanish Mulatto, driver and whipper of the galley slaves; 3rd, Manuel Robles, a drunken soldier, a deserter from the Havannah; 4th, Raphael Shando, a galley slave, a thief, convicted of robbery, and sentenced as such; 5th, Juan Montes; 6th Pedro Vargas, alias Smith. I forbear adding the name of the lady to the list; Mr. Fullarton" (meaning the said Wiliam Fullarton) "has, I understand, monopolized her society, and I" (meaning himself the said Edward Alured Draper) have already emblazoned her virtues. The authorities on which I" (meaning himself the said Edward Alured Draper) disqualify the said Mr. William Fullarton" (meaning the said William Fullarton)" principal, from all pretensions to veracity or credit, to any thing he" (meaning the said William Fullarton) has said or may say, concerning colonel Picton" (meaning the said Thomas Picton) "the grounds on which I" (meaning himself the said Edward Alured Draper) "disfranchise him" (meaning the said William Fullar

ton) of the rights and privileges of a gentleman, the proofs of my" (meaning the said Edward Alured Draper) "having displaced and removed him” (meaning the said William Fullarton)" from the attention or notice of any respectable member of society, and the reasons for which, I" (meaning himself the said Edward Alured Draper) "have leagued and associated him," (meaning the said William Fullarton)" in his present company, are all founded on the written evidence of the following gentlemen, and the authenticated documents annexed." And in another part of the said libel according to the tenor and effect following (that is to say) "I" (meaning himself the said Edward Alured Draper)" must now inform the public from authority beyond all question, that an official report was made by general the earl of Carhampton, commander-in-chiefofhis majesty's forces in Ireland, respecting the unfaithful returns made by Mr. Fullarton,” (meaning the said William Fullarton) "as colonel of a regiment" (meaning the said twentythird regiment of dragoons)" under his lordship's command, that the original documents were transmitted to the adjutant-general's office, Horse-guards, for the purpose of substantiating the charge, and with honest heart-felt satisfaction, do I" (meaning himself the said Edward Alured Draper) "record it to the eternal honour of our illustrious commander-inchief, that a public official communication of the above-mentioned circumstance was made by his royal highness to the secretary of state's office, previous to Mr. Fullarton's" (meaning the said William Fullarton's)" leaving England. On this last transaction I shall not make a single comment." To the great damage scandal and disgrace of the said William Fullarton in his life-time in contempt of our said lord the king and his laws to the evil example of all other persons and against the peace of our said lord the king his crown and dignity

Second Count. And the jurors aforesaid upon their oath aforesaid do further present that before the time of the publishing of the false wicked malicious and defamatory libel hereinafter next-mentioned a certain charge was brought forward and made by the said William Fullarton against the said Thomas Picton for having while governor of the said island of Trinidad without any justifiable cause directed the application of torture to the said Luisa Calderon and divers proceedings had taken place and been had at the said island of Trinidad respecting the said charge to wit at Westminster aforesaid in the county afore. said And the jurors aforesaid upon their oath aforesaid do further present that