Full Title: The Whole Proceedings on the Trial of an Information Exhibited Ex Officio, by the King’s Attorney General, against John Stockdale; for a Libel on the House of Commons, Tried in the Court of King’s-Bench Westminster, on Wednesday, the Ninth of December, 1789, before the Right Hon. Lloyed Lord Kenyon, Chief Justice of England. Tanken in Short Hand by Joseph Gurney. To which is subjoined, An Argument in Support of the Rights of Juries. London: Printed for John Stockdale, opposite Burlington-House, Piccadilly, M,DCC,XC.
The Pamphlet which gave rise to the following Trial, was written by the Reverend Mr. Logan, some time one of the ministers of Leith, near Edinburgh; — “A gentleman formed to be the ornament and instructor of the age in which he lived: All his writings are distinguished by the segacity of their reasonings, the brilliancy of their imaginations, and the depth of their philosophical principles. Though cut off in the flower of his age, while the prosecution against his publisher was depending, he left behind himseveral respectable productions, and particularly Elements of Lectures upon the Philosophy of Ancient History; which, though imperfect, and unfinished, will afford to the discerning, sufficient reason to regret that his talents did not remain to be matured by age, and expanded by the fostering breath of public applause.”
Such is the character, given of Mr. Logan in the last New Annual Register; but as his Review of the Charges against Mr. Hastings has made so much noise in the world, it may not be uninteresting to state by what means, he became so intimately acquainted, with the politics of India.
For some time previous to his decease, Mr. Logan was the principal author of that part of the English Review, which gives the general state of foreign and domestic politics. The enquiries in the House of Commons, which led to the impeachment of Mr. Hastings, formed very naturally the most material part of that Review for a considerable time; and his Strictures upon the arguments, and the decision on the Benares and the Begum charges, are written with great force and elegance; and contain reflections infinitely more pointed, than any of those which Mr. Fox objected to in his pamphlet.
Having qualified himself by the information that he had acquired, from intense application, to give the world what he conceived to be a fair and impartial account of the administration of Mr. Hastings, he sat down voluntarily, without a wish or prospect of personal advantage, to examine those articles which had been presented to the House of Commons by the Managers, then a Committee of Secresy, and which now form the articles before the Lords. When he had compleated his pamphlet, he submitted it in manuscript to the perusal of a gentleman, who is intimately connected with Mr. Hastings. That gentleman was certainly very ill qualified to advise him, as a lawyer; it never having entered into his imagination, that after the torrent of abuse that had been poured out upon Mr. Hastings, for years, any thing said in reply could be deemed libellous, and therefore he merely examined whether Mr. Logan was correct in his statement of facts, and communicated to him every particular relative to the last thirteen articles. Not satisfied with this communication, Mr. Logan examined the votes and the speeches, as printed and circulated throughout Great Britain. After an accurate investigation, he thought himself justified in inserting in his pamphlet, what a member had said in the House, that the Commons had voted thirteen out of twenty articles, without reading them.
The booksellar to whom Mr. Logan originally presented him pahmphet, offered a sum for it, which he conceived so inadequate to its importance, that he carried it to Mr. Stockdale, to whom he gave it; taking for himself a few copies only, which were sent in his name to men of the first eminence in letters, both in London and Edinburgh.
After it had been some time in circulation, and read with great avidity, it was publicly complained of by Mr. Fox. That gentleman quoted what he conceived to be the libellous passages. The following day he moved an address to his Majesty, to direct his Attorney General to prosecute the authors and publishers, and the motion was carried nemine contradicente; but owing to the sickness of the principal witness, the trial was deferred for nearly two years. This prosecution which has been attended with a very heavy expence to Mr. Stockdale, and has been nearly two years depending, hath excited universal attention.
The acknowledged accuraacy of Mr. Gurney, is too well known to require any particular praise on this occasion; but it never was more remarkable than in the present instance; yet the eloquent and excellent speech of Mr. Erskine, will appear to great disadvantage to those who had the good fortune to hear it, so much, even the best speeches depend upon the power of delivery. It was spoke in as croweded a Court, as ever appeared in the King’s-Bench. The exertions of that gentleman in support of his clients are too well known, to acquire new force from any thing that can be said of him here; but on no occasion, and at no period, did he display those wonderful abilities that he possesses in a higher degree, and Mr. Erskine will be quoted as the steady friend, and supporter of the Constitutional Rights of the people of Great-Britain, as long as the sacred flame of Liberty shall animate the breast of an Englishman.
The result of this Trial proves how dangerous to public liberty it would be, were any body of men, parties and judges in their own cause. No good subject will call into question unnecessarily, any of the privileges claimed by the House of Commons; but if in the instance before us, the House, consulting former prededents, had taken upon itself to state the crime, and to pronounce judgment, a British subject might have been seized and imprisoned some months, probably to the ruin of himself and his family, without the possibility of reparation. It may therefore with the greatest truth be observed, that the exertions of Mr. Erskine, and by the decision of this prosecution, the Freedom of the Press, and the Liberty of the Subject, are fully secured.
January 13th, 1790.
Item of the Day: A Fragment (1789)
Full Title: A Fragment which Dropped from the Pocket of a Certain Lord, On Thursday, the 23d April, 1789, on his way to St. Paul’s with the Grand Procession. With Notes by the Finder. London: Printed or W. Priest, in Holborn; and sold by the booksellers in Piccadilly, the Strand, Fleet Street, and Pater-Noster-Row, 1789.
Oh, ill-star’d wight! misguided pamphleteer!
Dull as the vapid taste of mawkish beer;
Whose brains, though tortur’d oft, will never raise
The mead of solid pence, or empty praise;
So strain’d and twisted to each varying hour,
Alas! no wonder that the dregs are sour.
In these lines we think we can discover the irascible J. H—ne T–ke, a man no less distinguished for the accommodating versatility of his political zeal, than the inumberable quantity of pamphlets, letters, election squibs, &c. &c. &c. which his prolific head has given birth to. But as it often happens, the quickest births are not the most perfect, so many of his productions have come into the world in so mangled and undigested a state, that in compliment to his nartural parts, it is but charity to suppose a brain over-heated with chimaeras of promised greatness, has engendered such a motley breed. It has been the misfortune of this weather-beaten politician, that other people cannot see his services with his own eyes, and he has laboured long in the beaten track of plitical controversy without the solacing encouragement of pension or place to inflame his zeal, or shapren the natural virulence of his temper. He has, however, received the negative encouragement of not having yet stood in the pillory, an exaltation to which he has both a claim and a right, (two words which have made a great deal of noise lately,) and which, by the grace of God, no doubt, he will soon come into the possession of; we would advise him however, to make haste, as otherwise the Printers of some of our Morning Papers will be before hand with him, who mean there to enjoy the full “Liberty of the Press.” Till that happy day arrives, like the Camelion, he must change his colour, to meet each rising sun, and like that animal too, must feed on air, or what is as bad, the unsubstantial diet of a Minister’s promises, which wet the stomach without appeasing its yearnings. How must we admire then the charitable dispositon of our author in taking notice of this neglected wight, who barks like a dog at midnight, when every body is asleep.
Useless thy works, for head or tail the same;
The first they’ll deaden, and the last enflame.
With what delicacy does our poet touch upon the consequences of his lucubrations! How modestly does he insinuate, that a blister applied a posteriori, would have the same effect. By many families (it is said) they are used as tinder, and never is a house-maid so happy as when she can lay her hands upon any part of them, in her morning excursions, for fire paper. It has been shrewdly suggested, that the new-invented matches which light of themselves in the middle (in this resembling something else) are partly composed of one of these combustible performances. They were one of the Jack-the-Painter’s chief ingredients in setting fire to Portsmouth Dock-Yard, and serve universally for touch-paper to crackers, &c. &c. &c. In short, their uses are as inumberable as their quantity, and it must be matter of pleasing reflection to their author to find amidst all his disappointmets, that his works, by taking a turn which he could never foresee, have become almost inestimable.
Yet, notwithstanding the great advantages which acrue from his literary labours, the danger which threatens those unaquainted with their inflammatory qualities, by making use of them a posteriori, induces us to join with our author in recommending the following recipe for the oveflowing of his bile, as we would not wish that any of our friends should experience the fate of Hercules, and suffer durance in a poisoned shirt. We therefore, (without a fee) prescribe the following regimen:
Then feed awhile on vegetable food,
To clear thy juices, and correct the blood,
Nor think it hard,
Virtue like thine should be its own reward. . . .
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Filed under 1780's, George III, Great Britain, Political Commentary, Political Pamphlets, Posted by Caroline Fuchs, Press