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were bound to decide on the matter at iffue, and to give their verdict generally; that is, on the law and the fact combined together. Indeed, there could, in his mind, he but one opinion on the fubject; for as a learned lord, who was long an ornament to the bench, but whom he did not now fee in his place, obferved, a jury, by exercising that power, and giving their verdict accordingly, and that verdict ftanding incontrovertibly found and legal, it was clear, that they were ftrictly legal in doing fo. He was aware it might be faid in answer to this, that a variety of cafes existed, where the judges took upon them to decide the inuendoes, leaving nothing to the jury to determine but the fact of publication. This was true, and it went to the very point which the bill upon the table was now to determine. Doubts had exifted, and for the honour, fafety, and freedom of the fubject, it was requifite that thofe doubts should be removed. There was, however, much more to be put to the judges, if it were neceffary at all to call in their affiftance on the occafion, than what was contained in the two queftions moved by the learned lord. There fhould not the smallest particle of doubt be permitted to remain. The whole of this business should fairly be brought forward, and where there was poffibility of difference of opinion, that difference should be done away. He referred to a future day his fentiments at large on the law of libels, when he trufted there would be a general agreement on the fubject. He took a retrofpective view of a variety of cafes on libels, and quoted the authorities of the most eminent judges to ftrengthen the idea he had formed, that where iffue was joined, the jury were to decide generally. He allowed, that where the matter was point of law, and that the jury thought themselves incompetent to decide upon it, the judge had an undoubted right to direct; but where the law was blended with the fact, and the defendant allowed the publication, it certainly was the right of the jury to inquire whether there was any guilt in the fact. They were not to fay to the judge, we, who are fworn upon oath to do justice in this caufe, find that the paper called a libel was published, but although by our gaths we are bound to decide on the merits of the cafe, we leave thofe merits to your determination. Would any noble lord take upon him to say that this was the adminiftration of juftice? Surely not. What the jury upon oath were bound to perform,

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they should not defert. It was their province to condemn or acquit the defendant; and on their confciences they could never fulfil what they had fo pledged themselves to their God to do, if they allowed another perfon to determine the guilt or inno cence of the libel.

This fine chain of found reafoning the noble lord purfued to fome length, and with an eloquence that did credit to the fubject. He faid he should conclude with. moving fome additional questions to be put to the judges. They went to the purport of demanding whether a jury were competent to decide upon the truth and the falfhood of matter alleged in the libel? Whether in certain cafes truth was a libel, in which he included the publication of incendiary letters, treafon, &c.

In respect to what was a libel, he conceived it to be no great difficulty to define it: to defame a man's character, and blacken his reputation without a just cause, was a moft grofs libel; but to give a free opinion upon political fubjects, and the officers of government, or perfons in public truft, in their official capacities, he held to be no libel, where the charges were founded in truth. Freedom was the constitution of this country, and we must never depart from it.

The lord chancellor obferved, that the motion made by lord Kenyon must be first difpofed of, unless the learned lord (lord Loughborough) made his by way of amendment.

Lord Loughborough faid, they were additional motions, and as he had no fort of objection to thofe moved by lord Kenyon, he fhould make his afterward.

The lord chancellor obferved, that the best way of feeking popularity so as to do juftice to the country, was to put the exifting laws in force, and the judge who acted in fuch a manner would always be a popular one. He fhould never go into the holes and corners of the law to look for fame, but meet every question boldly and openly, and defend it on those principles which the wisdom of our ancestors, and time and experience, had proved to be juft and advantageous. He admired the eloquence of the learned lord, but could not coincide with his argument. He conceived what the judges had done for centuries was right but in this he did not wish it to be confidered that he was for abridging the liberty of the fubject. He thought it was neceffary to afk the opinion of the judges, and as there

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was no other matter at iffure, he should reft for the present there.

Lord Porchester infifted that the law of libels wanted explanation, even from the difficulties into which the learned lord had plunged it. He moved fome additional queftions to be put to the judges.

Lord Mulgrave contended, that the question ought not by any means to go to the judges. He infifted that they were parties concerned, and that, in giving their opinion, they, in fome measure, were to decide upon their own authority. It was a new matter, to call in the judges to affift in the deliberations of the house upon the fecond reading of a bill, and the more especially fo where the clauses of that bill went to deprive thofe judges of part of that authority which many of them had exercised. He was clearly of opinion that the right of deciding the law and the fact refted with the jury, and ought to be exercifed by them.

Lord Lauderdale quoted the cafe of the dean of St. Afaph, where the judge took upon him to direct the jury in their verdict; but which mandate the jury with great propriety difobeyed. This, he said, proved that judges did not, as was faid, fubmit to the opinion of juries, and that

AFFAIRS

they endeavoured to exercise a power with which they were not legally vefted.

Lord Grenville faid, that the conftitution vefted in a jury the trial of the law and the fact in respect to libels, and that he never wished to fee it taken out of those hands in which it had been so judiciously placed. The times were pregnant with mischief, and various incendiaries were at work to corrupt the minds of the people; but there was this great rock on which the British constitution rested-it was the best fabric of government ever erected by the wisdom of man; it had the love, the veneration, the respect of the people; and as their own happiness was at stake, there was not even so much as a distant idea to be formed that they would ever attempt to deftroy it. Confidering it in this point of view, he was clearly of opinion, that those who were the guardians, fhould in fact be the judges of their own rights, and therefore, that where a matter was joined in iffue with both parties, the jury, and not the judge, was to decide on the crimi nality.

The motions of lord Kenyon, lard Loughborough, and lord Porchester, were all put and carried.

[To be continued.]

OF POLAND.

POLAND, ever fince the death of king John Sobieski, in the year 1696, has been fubjected to all the miferies of internal hoftilities, occafioned by the frequent contefts for the fucceffion to an elective monarchy, and to all the confequent degradation of a foreign interference in those contests. The power of the king was too limited to be efficient; the nobi lity, arbitrary and tyrannical, were, in reality, the fovereigns; the citizens were oppreffed; and the peafants were flaves. Powerful neighbours took advantage of the weaknefs which refulted from fuch a fituation; and, in the year 1772, formed a confederacy, by which fome of the finest provinces of Poland (amounting to about a third part of the whole) were wrefted from the republic, and annexed to the dominions of Catherine of Ruffia, the emperor Jofeph II, and Frederick III, king of Pruffia. To this injuftice, the emprefs Catherine added infult; for, in order to preserve the unbounded influence fhe had acquired in the court and diet of the republic, the infifted upon becoming a

guarantee of the conftitution as it then exited, although it was fuch as was incompatible with the real interest and hap pinefs of the nation, and kept it in a perpetual and degrading state of dependence upon foreign powers, and upon Ruffia in particular.

Ruffia, however, being engaged in a war with Turkey, the king and fome patriotic nobles took advantage of this and other fortunate circumftances, and, on the 3d of May 1791, effected an entire revolution in the constitution of their country; a conftitution unanimously approved of by every perfon of worth and character in Poland, as founded, upon what all government ought to be founded, the reciprocal rights of the governors and governed*.

Whatever difference of opinion may exist in this country refpecting the ever memorable revolution in France, we have but one with as to that of Poland; which is, that it may triumph over the oppofition of a few difcontented nobles, who, enraged at the lofs of fome privileges, have

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* See Univerfal Magazine, Vol. LXXXVIII, page 394.

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invited

invited an ambitious princefs to fecond their efforts to deftroy the new conftitution, by invading their country. By this new constitution, while Catholic faith was declared to be the established religion, a toleration was extended to all other religious perfuafions; the citizens were exalted to their proper rank in the state; and the peasants were emancipated from that deplorable state of flavery, in which they had been confidered as mere appendages to the eftates of their powerful lords. The king, moreover, was invested with fuch powers as the first executive magiftrate, as gave his authority all the efficiency which a patriot monarch could defire; and, to prevent a repetition of the calamities attending a contested fucceffion, the crown was declared hereditary, and was to be offered, under certain limitations, to the house of Saxony.

To overthrow this glorious Conftitution, the empress of Ruffia, now released from the embarraffment of the Turkish war, is exerting all her efforts, and, under the pretext of being guarantee of the old conftitution of Poland, has entered that country with a powerful army. On the 18th of May, the Ruffian minister at Warfaw prefented an official declaration, which announces the entrance of the Ruffian troops on the territory of Poland, and the formation of a new confederation. War is therefore declared. The republic, affured that all Europe is fully convinced that it neither merited nor provoked such a ftep, has taken fuch measures as may fupply the deficiency in point of forces; and among other refolutions adopted by the diet, a decree was iffued the 11th of this month, entitled, a Measure for a juft Concurrence of Citizens for the general Defence of the Country; the fubstance of which is, that whoever in the prefent war fuffers by the inroads of the enemy, fhall be indemnified by a fraternal contribution of the whole nation, agreeable to the report of an extraordinary commiffion, which fhall be appointed to examine their claims; but thofe Poles who prove rebels and traitors to their country, fhall forfeit their fortunes, and fuffer the death they deserve.

The diet have entrusted the entire conduct of the war to the king, who has appointed his nephew, prince Poniatowski, commander in chief.

The Ruffian army has entered the territory of the republic in several columns, each of which is accompanied by fome of the difcontented nobleffe. Upon their first entrance, a detachment of about 800 men

fell upon one of the Polish advanced posts near Tolczyn, confifting only of eighty men, who, after a vigorous defence, rejoined their main body, carrying off their dead and wounded.

A letter from prince Poniatowski's head quarters, dated May 24th, fays, 'We have just now advice from lieutenantcolonel Grachouwiki, that the coffacks of the enemy were repulfed by our patroles near Czerniejowec, and purfued to Serbow, where they found a body of Ruffian infantry, with twelve pieces of cannon. From fuch a fuperiority of numbers, our troops retreated in good order, and were obliged to abandon to the coffacks, who poured upon them in great numbers, all the ammunition they had taken from the enemy.

The Polish diet have published a fevere decree against the emigrants in Ruffia, fummoning them all to return in three weeks, or juftify their conduct in staying where they are; or not obeying the letter of this, their effects in Poland will be deciared forfeited and their perfons profcribed. They have alfo determined that the taxes fhall be doubled during the

war.

The diet is prorogued, and the king was foon to fet out to put himself at the head of the army. National patriotism fhines with great brilliancy. Noblemen and others daily offer themselves, armed, to ferve their country.-The Polish Tartars have sworn by their Koran to defend the conftitution and the king; they will form a feparate corps of volunteers.Many patriotic prefents are made every day. Sendomir has given twelve pieces of cannon; feveral private perfons have prefented three or fix pieces of cannon, with horfes, drivers, and every thing neceffary for action.

Prince Radzivil has caufed the artillery which was buried during the troubles to be dug up, and prefented to the king and the republic. It confifts of 143 pieces of ordnance, of different fizes.

In the mean time, in order to animate the whole nation in their present noble and unanimous defence of their country, the king has published the following admirable

CIRCULAR LETTER.

The declaration of the empress of Ruffia, delivered by her minifter at Warfaw, and communicated to the provinces, is known at this moment in every part of the terri tories of the republic. Every Polish citi

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zen will learn from it the fituation of our country, fince its publication. In this declaration, the fovereignty and dignity of the republic, are treated with contempt. A diet to which the nation has delegated all its power, a diet connected with the whole nation, by a confirmation of the confederacy, in all the dietines, and by the election of double reprefentatives, a diet the most important and interefting in all its proceedings and regulations, and diftinguished in the laft dietines by an union and obedience to laws, hitherto unknown, that diet, by an infupportable in fult, is called a prevailing party, and declared illegal. A new meeting of a diet is announced, the fupport of foreign troops, promised to unlawful leagues; repentance and retracting the rejection of the guarantee, held forth to the states and to all citizens firm in their duty, as the only means of avoiding hoftilities. The inhabitants by circulating this publication, excited to broils and difturbances, to an infurrection against lawful authority, to the horrors of a civil war, falfe affertions alledged, to magnify the pretended in juries, in defiance of all public faith, the invafion of Ruffian armies, with a denounced and already effected threat, of profecuting in their lives and fortunes, all thole who will not join them, against their own country.

There is no inftance in the annals of mankind, of one nation, of one govern ment, using fuch contemptuous language to another. The abovementioned declaration breaks and violates all the laws of nations, addreffing Poland not like a fovereign ftate, but as if iffuing arbitrary orders to a conquered province.

Whatever fenfation this writing has occafioned to us, to the affembled ftates, and to the whole community, you Polish citizens, undoubtedly share it all. A few unworthy Polanders (painful reflection) hoftile to their country, provoked against the diet, for not having in its endeavours to raise the republic, conformed to their private views, went to Petersburgh, inculpated the diet and the nation, and having applied themselves to destroy that work erected with fo much labour and expence, which conftitutes the freedom and independency of the republic, which reftores the ancient fplendour of the Polish name, and recovers the rank and dignity of our nation in Europe, they have obtained the abovementioned declaration, and have introduced a foreign army into the country. Their impious efforts, coincided but too

well, with the interest of Ruffia. It was far from agreeable to the Ruffian government, to fee Poland fhake off the odious guarantee, to find her fenfible of her ancient anarchy (which reducing her to the lowest degradation, would have brought her to unavoidable deftruction) establish a firm and lafting government, raise fufficient forces to defend her liberty and indepen, dency, provide an income equal to the public expenditure; in a word, become a nation well regulated at home, and refpected by her neighbours. The confpiracy of thofe degenerate fons of their country, whom Ruffia calls a legal confederacy, happened conveniently to her views; and drawing from it a fpecious pretext, fhe enters forcibly our territories, and fupports the confpiracy of those detefted citizens, who (according to the tenor of the declaration) have folicited the affistance of the emprefs, and now jointly with her armies, do not fhudder to attack the lives and fortunes of their brethren.

We acquaint you, therefore, respectable citizens, in our names and that of the affembled confederate ftates, that the prefent ftate of Poland, is that of selfdefence against the Ruffian power; that Ruffia has declared war against Poland; but at the fame time let us inform you, that confident of the courage and spirit of the nation, the more efforts our enemies make to deftroy our government and country, the more vigorous will our measures be to repel this foreign invasion.

Worthy citizens, the fate of your dear country is now at ftake! fuch as you fhall preferve it by your courage and virtue, will it pass to your remoteft pofterity. You are going to fight, in defence of your country, your privileges, your freedom and your fortunes, in defence of your parents, wives and children; in short, of all that is most dear to man.

We have an army raised by your zeal and affiftance, fupplied with every re quifite, which will be your protection. There is an heroic fpirit and courage, which promifes to fupport it. Such a no, ble ardour in defence of the country and national liberties, as is only to be found in free nations, infpires us with the most flattering hopes. We receive from all parts news the most confoling to our paternal feelings, with what eagerness, citizens of all conditions, at the call of their country, enlist and join the national army.

The love of our country pervades all individuals, and excites their generosity,

in the public fupport. There is no clafs of citizens, who, inflamed with a patriotic zeal, do not contribute, according to their capacity. We have a certain confidence, that the fame gracious power, who has infpired the whole nation with fuch a noble ardour, confidering the juftice of our caufe, and the purity of our intentions, will not refufe us his irrefiftible aid.

prefent from this power? As foon as Ruffia has feduced you, she will renew the antient wounds of our country, the will renew all our misfortunes. The nobility and citizens will only feel the heavier the preffure of a newly enforced yoke, for having dared to become free and independent; the poor villagers, our labourers, and husbandmen, whom the law (benefiting all the Polish inhabitants) has received under its protection, will be driven in numbers from their fertile fields, into defert waftes; and lastly, the partition of the republic, and the final extinction of the Polish name, will be the fatal confequence of the difunion of Polanders.

Citizens and dear countrymen, this is the advice and warning you receive from your king and father, and from the confederate ftates of the republic. But your virtue, the love of freedom, fo natural to every Polander, affures us that fraternal concord will unite you in the defence of your country; that, infpired with the fame fpirit which guides your king and father, you will affemble round him, and will make a rampart impenetrable to all the attempts of the enemy.

But above all, refpectable citizens, feek for the fafety of your country in union and firmnefs. We have fufficient ftrength to oppose our enemy, but nothing can fave us from the effects of divifion and difcord. A foreign war is never fo dreadful to a nation as the internal difunion of the citizens. Has any power been able to effect any thing against Poland, while all the citizens, joining their king, have boldly food forward in defence of their national laws, immunities and territory? You will foon hear, dear citizens, the voice of falfehood and deceit; you will receive writings full of treachery and fraud. Thofe whofe blindness and obftinacy have carried them fo far as to make them infenfible to the horror of raising their arms against their own country, and of bringing foreign foldiers against her, will calum- In the prefent convulfive state of the reniate the prefent government, will create public, you plainly perceive, that it is im diftruft against us and the virtuous diet, proper either to put an end to the diet, or will try to divide and separate you, know- to diffolve the confederation, without ening that they cannot refift your united dangering the fovereignty and freedom of ftrength and endeavours. Arm your- the nation. There remained, indeed, but felves with fortitude and virtue, and give little to accomplish; but in the moment proof of fuch unanimity, fuch concord, when action is required, when we go in in the defence of your country, in refifting perfon to head a nation entrusted to our perfidy and deceit, as you have demon- care, peaceful deliberations must be fufAtrated in accepting, in voluntarily fwear- pended. From this motive we, with the ing to maintain this happy conftitution, affembled confederate states of the repuband lately on the fame occafion in the ex- lic, find ourselves obliged to terminate the preffion of your patriotic fentiments, fo prefent fittings, and to prorogue the dict dear to our paternal feelings. They who and confederacy to a more difant period. have brought a foreign army against your country, deferve your vengeance, and not your confidence. That army which comes for the purpose of destroying your government, prepares only the return of your former flavery inftead of liberty. You have already experienced at how dear a rate Ruffian protection is obtained. Violently carrying off from our refidence, and during the diet, fenators, minifters, and nuntios; the contemptuous treatment of our nobility, the violation of property, the oppreffion of towns, the feizure and forcible transportation of peafants and their families; and, finally, the difinembering of the republic-thefe are the effects of the guarantee impofed upon us by Ruffia. And can you expect any thing better at

The writing prefented by the Ruffian minifter, under the name of a Declaration, does not acknowledge the prefent diet, it treats it with contempt, though diftinguifhed by a double reprefentation and the univerfal will and confent of the nation, confequently it infults the will of the whole nation, who has not only delegated its power to this diet, but by a voluntary oath, and a universal expreffion of thanks, has given the most folemn fanction to its proceedings. The dignity then of the fupreme national authority demands the continuation of this diet. The invafion of foreign troops cannot be reconciled with the freedom of dietines. The remembrance is but too recent of thofe unfortunate diets, when the election of nuntios

was

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