"of these Realms, it was asserted and re"cognised as the Constitutional principle, "That no person who has an Office or Place of Profit under the King, or receives a Pension from the Crown, shall be capable of serving as a Member of "the House of Commons.' 6. That it appears by a Report laid "on the table of the House of Commons in June last, that 78 of its Members are "in the regular receipt under the Crown of 178,9947 a-year. 7. "That in 1782, it was declared by "Mr. Put in the Blouse of Commons, that "seven or eight Members of that House "were sent there by the Nabob of Arcot. and that a foreign State in emnity to this country might procure a party to i "act for it under the mask and character 66 6 of Members of that House." 86 6 S. "That such a state of representation "is a national grievance.. 9. "That in every department of the "State into which inquiry has been made, "scandalous corruptions and abuses have "been detected. 66 10. "That the exclusion of the public "voice from all influence in, and the consequent corruption of, the Governments "of the Continental States, have been the "causes of their subjugation. 11. " That so long as the People shall "not be fairly represented, corruption will increase; our debts and taxes will ac"cumulate; our resources will be dissipated; the native energy of the people will be depressed; and the country de"prived of its best defence against foreign "foes. 66 66 12. "That to remedy the great and glaring evils of which we complain, it "is not necessary to have recourse to the"oretical speculations, or dangerous expe"riments in Government, but to recur to "the principles handed down to us by the "wisdom and virtue of our forefathers. 13. "That the remedy is to be found, "and to be found only, in a full and fair Representation of the People in the "Commons House of Parliament; a re"medy equally necessary to the safety of "the Throne, and the happiness and in"dependence of the country. 14. "That we therefore recommend to every Town, City, and County, to take "the state of the Representation into consideration, and urgently, but temperate"ly, to apply to Parliament to adopt such "measures as shall secure to the Nation the reality and uses of Representation. "FRANCIS BURDETT, Chairman." Upon the Resolutions themselves, being nothing more or less than a chain of undeniable and notorious truths, I will offer only this observation; that, without any view of pertinacity of opinion, I think titions to the king the most natural mode peof proceeding; because, the cause is not less the cause of His Majesty than of his people, and because it appears to me not natural to call upon an assembly to purge itself. MR. STUART, of the Courier, whom I respect for his manly conduct during the recent enquiry, has asked me when I wish the king to do, as CROMWELL did, go to the House and turn the members out. This is very well as a jest ; but, in sober earnest it is very foolish. No, Mr. Stuart knows, that I wish for no such thing. I wish His Majesty to recommend, in a speech to the Parliament, in like manner as he recommends other measures to them, an act, or acts, to reform the House of Commons agreeably to the constitution of the kingdom; and, I prefer this mode, because then the king would take the lead in the effecting of an object so dear to the hearts of his people; and, I am the more disposed to this, because I have heard, and that, too, from very good authority, that the king has, at various times, expressed his perfect readiness to see such a reform take place.- -But, after all, there is not perhaps, much in the mere mode of making set of principles, upon which we act; the application. The main thing is the and, as we are all agreed as to them, there can be no difference of any consequence, in other respects. best I have ever read. The whole was speech of Sir Francis Burdett was the very good. I see not one word that I would wish to have left out. Full of sound constitutional principles, most aptly applied the Courier calls the assembly" BURDETTand ably illustrated.- Mr. STUART of "ITES," which name, as a catch-word, he seems disposed to apply to all the friends of Parliamentary Reform. He formerly called us " especially since the disclosures relating to Jacobins ;" but of that he is, John Bowles, Dr. O'Meara, and Mr. Beazely (all famous Anti-Jacobins) now ashamed. But, what does he mean, by this catch word? Does he mean, that Sir Francis Burdett meditates a destruction of man in the kingdom will now believe this? the monarchy? And does he think, that any Besides, was not Lord Cochrane one of this assembly, and did he not go as far as any which the assembly was acting? Was one in support of the principles, upon -The not Mr. Wardle there, too, he, who has re- the experience of our own country to ceived and is receiving the pra.se of the sanction us. The Unions with Scotland whole nation, and of no one more warmly and with Ireland were both effected in than of Mr. Stuart? Are Major Cartwright time of war; and, I remember, that, in and Mr. Maddocks men to entertain views the latter case, Lord Auckland congratuhostile to the settled order of law and pro-la.d the country upon the measure being perty? Or are these gentlemen, and han-undertaken in times of war, of difficulty, dreds of other men of large property, who and of danger. And, if we believe, as we were present, such fools as not to perceive do believe, and as Mr. Stuart admits, that the drift of that cunning, crafty person, Sir the principle of Parliamentary Reform is Francis Burdett ?-But, the COURIER al-wise and just, and, of course, that the mealows, that a reform of the House of Com- sure will be gratifying to the people, what, mons is a very desirable thing, and a thing let me ask, would so forcibly tend to make which the editor wishes to see brought the people patient under the heavy pressabout; but, he suggests, that a time of war ure created by the war, and to induce is not the proper time. The truth is, that them to shed their blood in their country's the time has always been found improper defence? There is no prospect, at present, by those who wished it never to take place, of a safe termination to this war. Mr. Fox and who had not boldness enough to deny observed, that our measures should be calthe necessity of it. Let us examine, then, culated for twenty years duration of hostiliinto the validity of this objection in point ties; though, poor man, he was dissuaded of time.If to reform the House of from the adoption of any such measures. Commons was one of those measures or When we look at the state of Europe; when enterprizes, which would necessarily draw we consider the age of Napoleon; when we off any portion, however small, of the re- view his character, his evident intentions, sources of the kingdom, either in men or and the means he has to work with; when in money, then I should say, that the ob- we take this survey, is it possible for us jection might be valid; because, in time not to see the absolute necessity of placing of war, these are wanted for the purposes of our affairs at home upon a permanent and national defence. The purchasing of so solid footing; and, I ask any man of sense, many buildings and pulling them down, in whether that is to be done without such a order to beautify the environs of the House change as will gain the government the of Commons in time of war, might, upon confidence of the people? I do not think this ground, have been objected to, though it at all unlikely, that, with now-and-then it never was. Many other things of the a short interval of repose, the war may same sort, or something similar at least, continue for another twelve or fifteen might be mentioned. If the reform of the years. To settle in any thing like tranparliament required any maritime enter- quillity so many new dynasties and orders prize to accompany it, then a time of war of things cannot be the work of a few might be a bad time. But no resources years. Those of us who are now in the either of men or of money does this measure prime of life will have beards of a very demand; and, as far as I am able to dis- grizly hue long before Europe will again cover, not the smallest obstructions to the know the blessings of real peace. And, I operations of war could it possibly pro- ask you, even you, Mr. Windham, who duce. "The attention of the government." seem to be the most resolutely bent against But, why should it engross the attention any change in our internal state, whether of the king's ministers? Not to mention, you seriously believe, that this nation that their whole time, for many many can, during such a conflict, preserve its months past, has been engrossed by en- independence, with such heart-burnings, deavours to defend those acts, which have such never-ceasing jealousies and suspiproceeded solely from a want of such re- cions, such universal distrust, as now preform. Besides: for all great and important vail, and which will continue to prevail, improvements, there is nothing like a time until the people see themselves fully and of public danger. It is precisely then that fairly represented in the House of Commen are awake to the necessity of doing mons? How vain have been all our atthat, which, in times of no danger or ein- tempts to stem the torrent of revolution, in barrassment, they are too listless to at- every part of Europe! Victories we have tempt. It is when we most acutely feel sometimes gained; immense armies we the pain, that we have the courage to ap- have brought, by our money, into the ply the remedy, and not in our intervals field; we have formed leagues and coveof comparative case. We have, moreover, nants in abundance; we have roused to disgust. We must resolve to be forbearing towards one another, always remembering, that our enemies are knit together by the double principle of guilt and fear. MR. WHITE'S PETITION.-This Petition, which I have inserted below, I beg leave most earnestly to recommend to the attentive perusal of every reader. It contains matter of instruction as well as of information.-In my next I have some few observations to make with respect to it. Botley, May 3. PETITION OF MR. HENRY WHITE.-Pre- war even those who seemed disposed to be quietly conquered; our all-persuading gold has made the wretchedest cowards upon earth expose their breasts to the bayonet; nor have we been wanting in bribing to our aid any passion or any folly of which the human heart is susceptible. But, still the fire of revolution goes on; and, instead of damping, we really seem to feed the flame. How narrow, then, how pitiful must be the mind, which can entertain the hope of any ge-By those who really love their counneral or durable advantage from the efforts try, the case of this gentleman will never of the Wellesleys, for instance, in Spain and be forgotten; and, for presenting his PePortugal; or from any such attempts! Thus tition, Mr. Whitbread has my unfeigned we go on, from day to day, from expedient thanks. to expedient, adopting any thing rather than that, which, by making us sound at home, would enable us to set the world at defiance. However men may disagree as to particular principles of politics, there is one generally prevailing persuasion; and that is, that, as we are, we cannot long con- That your Petitioner is the sole Protinue. Some look forward to peace as the prietor of the Independent Whig Newsday of deliverance from danger; others, paper, which, from its first commencestill more sanguine, entertain the mad ment, has been, and still is, printed at No. hope of over-turning Napoleon; but, all 25, in Warwick-square, within the said agree, that, without some change in our city of London: and that your Petitioner is favour, we cannot long proceed. Well, now a prisoner in the County Gaol of the then, why fly to these uncertain sources county of Dorset, in pursuance of the Senof hope? Why not adopt a change com- tence of the Court of Pleas, held before the pletely within our power? A change King himself at Westminster, (usually callwhich, though even the glorious navy were ed the Court of King's Bench) which senannihilated, would render England secure? tence was pronounced at Westminster, a To return, for a moment, to the Meet-place not within the said City of London, ing, I was not surprized to hear Mr. WIL- contrary to the rights and privileges of the LIAM SMITH full of the " difficulties" attend- Citizens of the said City. ing our exertions; but, I am very far from agreeing with him in opinion. The country never saw the necessity of reform so plainly as it does now. That necessity is seen and felt, from one end of the kingdom to the other. There is but one opinion and one feeling amongst all well-informed men, not supported by the public money. This never was the case before. The thing is now demanded from a conviction of its necessity to preserve us from utter ruin; and, suppose it were to be a work of years instead of months, if we die our-sitting at the very time within the said selves without enjoying the fruit of our labour, we have children to leave behind us. Those who are now boys will soon be men; and, we should always bear in our minds, that, it is into their minds that our principles will be instilled. Steadiness in perseverance is the most valuable quality in all enterprizes of this sort. There must be no hurry. The thing will not be hurried; but we must not relax, and above all things, we must not give way to pique or Your Petitioner published, in his said. Newspaper in Warwick-square, within the said City, in the months of December, 1807, and January, 1808, certain Letters, signed "T. C.” « Humanitas," "A Sea"man," and " Junius," for which Publications criminal Informations were filed, ex officio, against your Petitioner by the King's Attorney-General, in Hilary Term, 1808, at Westminster, a place without the said City of London, although a Grand Jury of the Citizens of the said City was City; in which Informations, it was alledged that the above named Publications were scandalous and malicious libels, though the said Publications were not alledged to be in any particular false or untrue. Now it is not only the privilege of the Citizens of the said City, but the acknowledged right of every subject of the British empire who is accused of crimes and misdemeanors, to have an Indictment preferred before the best men of his County, who are justice, which directs that a Jury shall be impartially selected, and attendance enforced by fines of the Court; and, indeed, the Master of the Crown-Office might prevent all impartial persons from being summoned on a Jury destined to try between the Crown and the Subject, if every name be passed over which he determines to be a person not likely to attend. And this conduct of the Returning Officer is conceived to be strong presumptive evidence that he knows the characters of the persons to be summoned, and has the to determine whether there be sufficient cause to put him on his trial; but, as a Grand Jury is not always sitting, and as danger might arise to the State in some cases from the delay of assembling a Grand Jury, the practice of filing a criminal Information before the King at Westminster has been tacitly conceded to the AttorneyGeneral of the Crown, at such times as no Grand Jury shall be assembled; but it has never been contended that the subject should be deprived of the privilege of having his case submitted to a Grand Jury of his County, before he be put up-power of acting with partiality, which on his trial, except where pernicious consequences to the State would arise from the delay of calling together such Jury; but this could not obtain in the case of your Petitioner, because a Grand Jury of his County, namely, of the City of Lon-der-Sheriff (who summons Juries) cannot don, were actually sitting at the very time the criminal Informations were filed against him at Westminster. power is contrary to the Constitution of these realms, and is strongly guarded against by the laws, in cases where no attempts are made to take the trial out of the common course of justice; for, the Un continue in oflice longer than one year, nor be re-chosen till after an interval of two years, lest, from his familiarity with office, he may be enabled to select a partial Jury. 66 Your Petitioner humbly craves leave to remind your honourable House that it was not even alledged in the said criminal In- Your Petitioner also reminds this Hoformations that the matter which gave nourable House, that, by a Statute of the rise to them was false or untrue, though 7th and 8th year of King William 3, the matter was alledged to be scandalous (ch. 32,) it is enacted, that "every sumand malicious, and that it was the usage mons of any person qualified to any of the Court of King's Bench, till within "of the aforesaid services, (namely, servthe last forty years, not to permit any In- ing on Juries,) shall be made by the formation to be filed for libellous matter, Sheriff, his Officer, or lawful Deputy, six which was not alledged to be false as days before, at the least;" but in the case well as malicious, and indeed the most re- of your Petitioner, the summonses to the cent determination on the subject coin-Jury were not delivered six days before cides with the opinions uniformly maintained by our ancestors; for, in the case of Sir John Carr, and Hood and Sharpe, the Plaintiff did not recover in action for a publication which was true, though admitted to be malicious and injurious. Your Petitioner having had a criminal information filed against him, of the nature, and under the circumstances above stated, the Solicitor for the Crown moved for a Special Jury, to which motion the Judges of the Court of King's Bench acceded, and a Special Jury was awarded of such Freeholders who were entered in the Freeholders' Book belonging to the Sheriff, with the addition of Freeholder and Merchant, which Special Jury was struck, not by the Sheriff, but by the Master of the Crown-Office, who is a servant of the Crown, the Prosecutor in this instance; and the names were not taken as named by the said Master, but several were passed over after he had named them, because he stated them to be not likely to attend, thereby subverting one of the principles of British 66 the day of tria!, nor five days before, nor four days before; from which cause your Petitioner was not able to avail himself of. a trial before a Special Jury, contrary to the Rights of the Subject and the law of .he land; and this circumstance of not summoning the Jury six days before the trial, contrary to the positive and explicit enactments of the law of the land, has prevented your Petitioner from being tried by a Jury of such men as had been assigned him as his Peers. Your Petitioner was not tried by a Jury of his Peers; for, as the Court of King's Bench had ruled that a Jury of Freeholders and Merchants were his Peers, it necessarily follows that those who were neither Freeholders nor Merchants could not be his Peers; and yet those who were added to the Special Jury were neither Freeholders nor Merchants, and therefore were not his Peers :-and of a Jury composed of men who were all of them neither Peers of your Petitioner, nor Peers among themselves, a verdict was given. 66 not Peers among themselves, they cannot ALL be Peers to the Defendant, and their verdict may not be a free and unbiassed verdict. 66 Your Petitioner also craves the atten- the meaning either of the Letter of the tion of this Honourable House, to the Law, or the Spirit of the British Constituwords used by sir N. Grose on the trial, tion. And the necessity of a Jury being in his charge to the dry, which your Pe- Peers among themselves as well as Peers titioner humbly presumes to have been a to the Defendant, has been ever recognideviation from the spirit of the Constitu- zed and insisted upon by the British Contion, which enjoins lenity and impartiality stitution, because, otherwise, the master to form the basis of the conduct of every and the servant, the creditor and the British Judge, to have been also inimical debtor, the employer and employed, to the letter and fair interpretation of the might be inclosed in the same Jury Box, Act of Parliament entitled "An Act to in which case it would imply an absurdity "remove doubts respecting the functions to assert that such Jury were Peers among "of Juries in cases of Libel," which Act themselves; for, the same individuals directs, that on every such trial, the could not at the same time be both de"Court or Judge before whom such In-pendants and equals; and, if a Jury be "dictment or Information 'shall be tried, "shall, according to his or their discretion, give their or his opinion and direc"tions to the Jury in the matter in issue "between the King and the Defendant or Defendants, in like manner as in all other "criminal cases."-Your Petitioner therefore prays to submit, for the decision of this Honourable House, the propriety or impropriety of the following words, as used by sir Nash Grose on this occasion, and which instead of delivering an opinion or direction, " as in all other criminal cases," are conceived by your Petitioner to be un-the precedented in the annals of modern British Jurisprudence. The words that your Petitioner complains of, and which were taken down at the time by Mr. Farquharson, the short-hand writer, are as follows:-" In "order to shew that they are most wicked, gross, and abominable, Libels, it is only necessary to read, not ALL, but one or "two of them. But, Gentlemen, under "this Act of Parliament, I am to give you "my opinion upon these Publications, " and I have no hesitation in saying that "any thing more libellous I never heard "read: in my opinion they are gross, "scandalous, and abominable Libels!” 66 And forasmuch as it is enacted by the Bill of Rights that "Jurors ought to be duly empannelled and returned;" and as no Juror can be duly returned who is not summoned six days at least before the day of trial, the Jurors summoned not four days before the trial of your Petitioner, were not duly returned. And forasmuch as it is the privilege of citizens of the city of London to be tried and adjudged within the said city, though your Petitioner has been tried (if the issue committed to a Jury not duly impannelled and returned can be called a trial,) yet he has not been adjudged within the said city, contrary to the privileges of the citizens of the said city, and, therefore, such judgment being contrary to these privileges, is contrary to the Law of the Land, which has confirmed and established them. And forasmuch as your Petitioner, if adjudged within the said city, could only have been adjudged to confinement within the prisons of the Sheriffs of the said Your Petitioner humbly submits to the city and county of Middlesex, it follows benignity of this Honourable House, whe- that a judgment which implies banishment ther these words ought not to have been from the said city, as well as confinement, considered, in strict impartiality, as suffi-is contrary to the lawful privileges of the ciently strong, in giving the opinion and citizens of the city, and when pronounced direction of the Judge as warranted by the on a citizen in a place without the said Act of Parliament above alluded to, with-city, for an alleged offence committed out the addition of the following unprece- within the said city, is believed to be a dented expression :-“ But, really, Gen-violation of the Law of the Land, which «tlemen, I think it will be throwing dust acknowledges and confirms these privi"in your eyes if I say I entertain the leges. "least doubt on the subject."-Your Petitioner humbly submits, whether an opinion and direction of the Judge thus given, and that without having read a tittle of the Libels in question, or the defence that had been urged to the Jury, comes within Your Petitioner also humbly craves leave to observe that the measure of punishment assigned to him for the publication of the said Letters is equal to the measure of punishment assigned in any case where the Libel was proved to be |