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ration was that, after a short action, the enemy's troops were surrounded, and two officers, tive non-commissioned officers,

The

and one officer and two men killed. magazine, consisting of a very considerabis quantity of cats, griis, meal and bread, wa taken, but want of horses has hitherto p.evented me from removing it for the use of the army-MAURICE KLINGSPOR, Field Mar shal and Commander of the Finnish Army | General Vegesack's Report to his Royal Ma jesty, dated Island of Karlo, June 21

1808.

a copy thereof given to the person to whom it applies.-112. No jail or prison keeper can receive or hold any one in custody, without entering in his register a copy of the war-and 83 rank and file were made prisoners rant or commitment, indictment, or sentence, or, in a word, every order whatsoeverin virtue of which he holds the person in custody. 113. Every jailer or prison-keeper shall be compelled, and no order whatever shail be considered as an impediment, to bring his prisoners as often as he shall be required to do so, before the magistrate charged with the affairs of the police.-114. The relatives and friends of the prisoner shall not be prevented from entering the prison, upon their producing an order from the magistrate: A specific order from the judge to the jailor, can alone justify the detaining of a prisoner in close custody.-115. Persons not authorised by law to issue warrants of commitment who shall give orders for arresting, or cause to be arrested, any person whatsoever, as well as those who, in cases of legal arrest, shall detain the prisoner in any place not known as a legal jail, and all jailors contravening the three preceding articles, are guilty of the crime of arbitrary imprison ment.-126. The present constitutional statute shall successively, and according to the importance of the respective articles, be carried into execution by royal decrees or edicts, so that the whole shall be in operation before the 1st of January, 1813.-127. The freedom of the press shall be regulated two years after the constitutional statute shall have been in operation. The cortes shall pass a law respecting the freedom of the press. (To be continued.)

SWEDEN.

Report from Field-Marshal Count Klingspor, to His Royal Majesty, bearing date, Head-Quarters, Hemmango, the 14th of June.

In my last report, of the 9th inst. I humbly stated to your majesty and the Finnish army, that I found it necessary to send reinforcements to Hemmango, in order that I might be better able to make such arrangements as circumstances should require. I thought it expedient to remove the headquarters to this place. In consequence of information having been received, that the enemy was forming a considerable magazine, which was nearly completed, I ordered major Ticandt, at the head of 200 men, to dislodge the enemy from his position near Perha, and render himself master of the above magazine, the result of which ope

General Vegesack reports, that he male himself master of the different islands in the inlet of Abo, stationed strong armament on Kuste and Kaxkerta, the nearest of them, and distributed his force in small ba dies on every isle and rock, so as to seem formidable, and make the enemy beleu that the main attack was meant upon Abo but fearing that this alone should not hav the desired effect of drawing the Russian from the North, he determined to make landing, which he accomplished on th 19th, at the point of Leno, under th protection of the well directed fire of th gun-boats, which came close ashore, an soon forced the Russians to make room fo the Swedes. General Vegesack now pro ceeded to the pass at outer Lemo, on th high road to Abo, having three guns an one thousand five hundred men. Here a affair began which lasted fourteen hours an a half, the Russians endeavouring to d lodge him. But seeing great bodies Russians, mostly cavalry, hourly pona in, and hearing from a Swedish non-com missioned officer, who in the night ha made his escape from Abo, that the Kus sians, already 10,000 strong, were advan cing from all quarters, and that they too his corps to be only the avant guard, h judged that he had attained his purpose, an re-embarked under the same protection the gun-boats. His loss in killed an wounded he states to be 194 men, includin officers. His adjutant, Baron Ramsay, wa killed. Barons de Geer and Adeisyard, the volunteers, wounded. He praises th soldier-like conduct of this latter corp whom he now had the honour the first tim to lead to battle. In the night of his land ing, 107 young men, of whom 66 wer soldiers of the garrison of Sweaborg, flet to his standard, and embarked with him (Stockholm Gazette)

Printed by Cox and Baylis, Great Queen Street; published by R. Bagshaw, Brydges Street, Covent Garden, where former Numbers may be had: sold also by J. Budd, Crown and Mitre, Pall-Mall.

VOL. XIV, No. 5.]

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LONDON, SATURDAY, JULY 30, 1908.

[PRICE 10D.

By the law of England, there is no impunity to any person, publishing any thing that is injurious to the feelings and happiness of an individual.. "of another ridiculous.. No man has a right to render the person or abilities It has been observed, that it is the right of the British subject to exhibit "the folly or imbecility of the members of the government; but, gentlemen, we must confine ourselves within limits. If, in so doing, individual feelings are violated, there the line of interdiction begins, and "the offence becomes the subject of penal visitation." - Report of Lord Ellenborough's charge to the jury, upon the Trial of Mr. Cobbett for a libel, in May 1804. See Political Register, p. 854, and the following ones.

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SUMMARY OF POLITICS.

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LIBEL LAW.--After the trial, mentioned ja my motto, took place, there were, aske public will remember, several papers, published in the Morning Chronicle, shewing the dangerous tendency of the doctrine. laid down by the lord chief justice. A great orator and statesman observed to me, at the time, that neither I nor any other writer could now, with impunity, mention the name of any man, unaccompanied with praise; "for," said be," to name him "without praise may injure his individual "feelings; to injure his individual feelings "is to pass the line of interdiction, and to expose yourself to penal visitation; there"fore, you are reduced to this simple alternative: name no one,point out no one, "hint at no one; or, bestow upon him posi"tive and serious praise." That this was the case is evident; for, how is it possible to ridicule the foily or imbecility of any man, Without violating his feelings? and, if this be a necessary consequence with individuals #general, must it not be so with those perous, who are members of the government, nd who have the eyes of the whole nation ixed upon them, while they have, at the ame time, rivals for power, who are anxiJosly watching for every opportunity of exJosing and exaggerating their follies and imecility, in order to oust them, and to get heir power and their emoluments? Upon the ffects which doctrine like this, must have pon the interests of a nation, I will speak w-and-by, after having introduced a recent Trial, which will be found, I believe, to have riginated in this very doctrine.- -It was bserved, at the time, that the Reviewers were Avery perilous way; for, that, if " man had a right to render the person, or abilities, of another ridiculous," it was dear that the reviewers of books ought to have a bit of their ears taken off once a month, at least, and that, in general, they Would be exposed to a double or a triple opping. What a glorious doctrine for dull ind senseless authors! And, what abomi

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[162 nable, what atrocious unhanged libellers, were the Popes and the Gays and the Swifts! What a misfortune for the poetasters and sycophants of their day, that they did not live in ours! This is the light, in which a person, named SIR JOHN CARK, appears to have viewed the doctrine. He is, it seems, the author of a work called, "The Stranger "in Ireland," which, as is stated in the report of the trial, was published some time ago, by SIR RICHARD PHILLIPS, one of the present Sheriff's of London. He has another work in manuscript, entitled "A Tour "through Scotland," which work also had been carried to the same shop; but, Sir Richard declined purchasing the Tour, because he thought its sale would have been prevented by the effect of a work, published by Messrs. HOOD AND SHARPE, booksellers in the Poultry, in which work the abilities of Sir John Carr were ridiculed and exposed to contempt. Well, then, said this knight of the quill, finding myself injured, not only in my feelings, but in my interests too, by this critical work, in which my folly and imbecility are exposed, I will e'en apply to the law; these men are libellers i'faith, and I will have ample damages from them. On the

25th of this month the trial came on,
and the following is the fullest report that
I can find of it in the news-papers.-
-"Mr. GARROW stated this was an action
"for damages. The plaintiff (sir John Carr)

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was a gentleman who had been originally "intended for a barrister, but on account "of ill health was advised by his physicians "to travel. He did, and thought proper "to make his travels useful, by taking

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notes of whatever he saw remarkable. "and afterwards publishing them for the amusement of the public; and he also "derived a considerable emolument from "the sale of those publications. The defen"dants are booksellers, who had published a book called "MY POCKET BOOK, or "Notes for a ryghte merrie and conceyted "Tour through Ireland by a Knight Errant,"

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published, in consequence, as he would prove, of the book published by the de"fendants. In the front of that book, which they entitled "My Pocket Book," is a frontispiece representing the departure "of the plaintiff from Ireland; and in page 29, preface, an explanation of that fron"tispiece, which commences with "You

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shall see what you shall see, the knight "errant's regret at leaving Ireland," a gro"tesque figure, with a handkerchief to his eyes, a number of ridiculous figures following him, setting up the Irish howl; a huge porter, carrying his MS. travels, "which are so heavy, that the weight of "them obliges him to bend under them; in "one hand he carries the Wardrobe of the knight errant, encompassed in a small "pocket handkerchief, &c. The publication

itself commences by observing, that the "writings of the plaintiff consisted of nothing "worth paying for, except the fine binding, "the fine paper, and the goodness of the

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print; and there was nothing to recom"mend them except the wideness of the margins. The defendants had not been satisfied "with publishing one edition of this book, "but they had published three, and had "advertised and circulated it most indus"triously. This morning there was one

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purchased at the defendant's shop, enti "iled a third edition." If this was not "the case, it was for the defendant to

prove it; for he understood it was often "advertised to be the tenth edition of a book "when there were not fifteen copies of the

first disposed of. He would prove that "the publication complained of had injured "the plaintiff as an author; that he would "have got £600 for the Tour in Scotland, if "it had not been for this book. There was "no man that would wish to give the re"viewers a greater scope than he would; "but he could not justify them in making

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a mischievous attack on an author; they might as well attack his person; for "when they scurrilously attacked his works, "it was injuring him in the most essential "point. He did not doubt but there might "be some foolish passages in it, but, when "the raviewer criticises, he ought to pick

out those passages, and not condemn the

"whole for perhaps one mistake or impro

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per expression. His learned friend, as "well as himself, had often, unfortunately, during their professional life, said foolish things, and he should be sorry if they were to be silenced ever afterwards, and deprived of the benefits of their profession, for a foolish expression. He would prove that the defendants had gone the length, in private conversation, to say, "that they would exterminate the plaintiff "" as an author. If he proved this case, he had not a doubt but the jury would give a "verdict for the plaintiff, and damages; not

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only to the amount of the loss sustained, "but to deter others from sending forth "such scandalous and scurrilous publica: "tions. He then proceeded to examine "his witnesses.-Mr. HUNT proved that he purchased at the shop of the defendants, on the 14th March, 1508, a book entitled "My Pocket Book," which he produced, "and another on this morning, which was "stated to be a third edition. He had inquired from the person who sold him the "books, who was the author; but he would not inform him. He also purchased a Monthly Review, called "The Mirror," for April and June last, which had the adver"tisement of "My Pocket Book" inserted in "them.-Lord ELLENBOROUGH here ob"served, that if a man published a foolish

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purchased from the plaintiff his Northern "Summer Tour round the Baltic for £ 500.; "The Stranger in Ireland he gave him "£700. for; and for his Tour through Hol"land, 600l. He had seen the manuscript "of the Tour through Scotland, and would have given 600l if it had not been for My "Pocket Book," which he heard had depre"ciated the works of the plaintiff so much, "that it deterred him. The witness met "the defendant, Hood, one day, who "asked him, had he read his "Pocket Book" "witness told him he had not, for he never " read such scurrility. Hood replied, "Lord help poor Sir John, we have got a rod in

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"any man in London, but never published "any without the name of the author. Although he might have read one or two "numbers of "The Edinburgh Review," "when it was first published, he did not "recollect having read any other. When he "was first in the trade, he used to attach "to his advertisements the criticisms of "Reviewers on books which he published,

but for the last six years he had ceased to "do so. As they crept into vice, he crept "into virtue. He left it off, as he

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thought it was only encouraging scurri"lity. He had printed and published "Anec"dotes of the Founders of the French Revo"lution." It was an anonymous publication, "that is, it was a detail of facts, without any "author's name. There was nothing li "bellous, nothing scurrilous, in it; he never published a libel in his life; if he "had, he would be ashamed to come into "that court to give evidence. He did not "know that every thing it contained was fact, but it was given by the author as a plain narrative of facts. He had publish"ed" The Oxford Review;" that was also an

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"Review," as he found it did not an-. swer; as nothing but scurrility met with encouragement from the public. Mr. LEIGH, of the house of Mathews and "Leigh, deposed, that Sir John Cair had "offered to him the "Tour in Scotland" "for sale, which he would have bought, "and given him 4001. for, if it had not "been for the unfavourable impression My Pocket Book" had made on him."Lord MOUNTNORRIS deposed, that he "had read "The Stranger in Ireland," and My Pocket-Book," chapter by chapter, " and he had no doubt in his mind but that My Pocket-Book" was written to ridi"cule The Stranger in Ireland." The plaintiff had been recommended to him as a gentleman, and he was pleased to "have found that he had spoken so hand-、 somely of his native country, Ireland; and "would have purchased a copy of the book, if "it had not been so much depreciated by "the publication of "My Pocket Book." "The noble lord was cross-examined by "the Attorney-General, who observed, that "he was happy to have the honour of ad

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dressing a nobleman of letters, instead of. "the knight who lived by letters, and.. "knew nothing more of them than the "livelihood which they afforded him. His lordship said, that he had read the books over with great attention, and thought My Pocket-Book" was a fair and just "criticism on the other.-Lord VALENTIA "corroborated the evidence of his noble fa"ther. The ATTORNEY-GENERAL, COUN "sel for the defendant, stated, that he never found himself more perfectly happy "than in addressing the jury in defence of "his clients. His mind was perfectly at ease as to the verdict they would give. His learned friend, in the opening, had.. "charged him, by anticipation, with what "was charged against his client. But he "would assure him he was mistaken; for "whatever foolish expressions he had made use of, he would not criticise or comment on them. In the first place, they had.. "the evidence of Sir Richard Phillips. The "knight had either given false evidence, or ..

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he was the greatest fool that ever walked "over earth. [Lord Ellenborough observed "that he thought " the weakest man" "would be more appropriate.] The At"torney-General then continued. He had

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"said "the greatest fool," but his lordship "thought the weakest man" was the more proper; then let it be the weakest man;" if sir kichard Phillips had been living when Erasmus was writing, he "would have given any money for him.

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thought it, after comparing them both together, a fair criticism? The plaintiff "went to Ireland; he was knighted there; " and this he thought was sufficient to make

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him commence author. His name was to "sell the book, and he dressed it out in "red morocco, with a wide margin, supe"rior print and paper, and this was thought "by the plaintiff sufficient to insure a sale! "And what had " My poor Pocket Book" "done? Nothing more than what itself "would have done-shewn its true merits. "It was like a coal porter in a fashionable "suit of clothes; his outside was genteel, "but the moment he opened his mouth to speak, you discovered the cheat. So "with"The Stranger in Ireland"-the 66 moment you opened it, your expectations were disappointed. There never was an "author of merit whose works were not "attacked, but the merit of the work si"lenced the attacker. Socrates was a great "author, and he was reviewed by Aristotle, "who was also a great writer; yet it did "not affect the merits of the works of "Socrates. In the present case, if it was "a work of merit, "" My Pocket Book" "would not have injured it. He was sorry "to have taken up so much of the time of "the court and jury; still he wished to "speak to them on the subject; for the "action appeared more grotesque than the "frontispiece complained of. What could "be more ridiculous? A book is publish"ed, open to the inspection of every person, "containing the most nonsensical ideas that "could enter the brain of man; another

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person criticises it: he turns it into ridi. "cule; and prevents a portion of the pub

lic from throwing away their money upon "6 nonsense, In doing this, the critic had "done public service, and he trusted the jury would feel it as such, and give a verdict for the defendants.

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Lord ELLENBOROUGH said, that every "man who wrote committed himself to the judgment of the public, and every one might comment upon his work.. If the commentator did not step aside from the * work, or introduce fiction for the purpose "of condemnating, the exercised only a

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ses of slander, that would have been li "bellous; but not otherwise. To repress I just criticism would be extremely injurious "to society. If a work was sent into the "world that was likely to disseminate a "bad taste, or was destructive of public "morals, it was of the first importance to " correct and expose it. Society, in that case, was indebted to the critic.-His lord"ship then alluded to the advancement of "philosophy and science by the opposition

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one great man had offered to another, and "repeated the observations of the Attorney "General on that subject. If an individu"al, he said, presented the public with an "outline sketch of himself, that public "had a right to finish the picture; and if "the criticism was a fair one, the author "must take the consequences of it. His "lordship added, that he did not know of "any thing more threatening to the liberty "of the press, than the species of action be "fore the court; and he would again repeat, "that if the publication complained of was "6 a fair criticism, and the author had not "travelled out of the work he criticised for "the purpose of slander, the action would "not lie; but if the jury could see any "thing personally slanderous against the

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plaintiff, unconnected with the work he "had given to the public, in that case, the "plaintiff had his right of action, and they "would find accordingly.-The jury con "sulted together a few minutes, and found "for the defendants."This is all very true, though I do not like the words fair and just, as used here to qualify the term criticism. The distinction between the man's domestic affairs and his book is clear enough; but, as long as I write about the book and the abilities of the author and the motives, or probable motives, of his writing, and the disposition of mind which the book displays, cannot safely trust any one to decide, whether my criticism be fair or unfair, just or unjust; that is to say, if the decision is to affect my person or property. The critic is an author as well as the writer of the book. The criticism may be criticised; and, in both cases, the public are the sole judges of what is fair, or unfair, of what is just, or unjust. Other

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