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TO THE READERS AND SUPPORTERS OF CLEAYE'S PENNY GAZETTE OF VARIETY.
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THE NORTHERN STAR. SATURDAY. MAY 23, 1840.
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$mpmal ^arltamrnt.
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FEARGUS O ? eM5T0It
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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YORK MINSTER AGAIN ON FIRE , Wk are eorry to learn from a ieeond [ edition of the For * Cowan / , reeerredj just us we were going to press , the Cathedral Minster of Yerk , bj some unaccountable cause , again took fire on Wednesday evening last . It was first digeoTered at about a quarter before nine o ' clock , in the South West Tower of the vene-Tablepile . lUi \ Ji . MlNSTER . AGAIN O ^ t
44 At quarter-past nine , the flames had bo far gained ' aseendancy in the south-western tower , thai 21 chance of earing its interior was rendered utterly hopeless . From this time the fire assumed an awfully grand appearance , the successive faliingin of the burning rafters and of por tions of the roof , caused a continuous shower of fire , which a brisk northeasterly wind , carried to a great distance orer the « fty , sad caused much apprehension , that through this means , the conflagration might be spread to other quarters . Providentially , however , such wss sot the ease .
** From the time above-mentioned , till a quarter past tea , tho horror was greatly heightened by the Calling , a ; intervals , of the fine peal t > f bells . ** -Towards ten o ' cloek , the wind changed more to ths south , and , at this period , a curious , though awful scene presented itselt The embers were flying aloft in the air in such" elouds , that they formed no ttnapt illustration of the
expression—H Fire mingled with hail ;" the change in the wind caused these to form an ex-¦ : . tensife' circuit ; land , after passiug toacon&iderable extent orer the city , they returned towards their ouitoe in circles resembling the sparks from a gigantic rotatory firs work . ** At n ^ ar eleven o ' clock , the fire in the tower appeared to hare almost exhausted , itself , but it was stall fanned up , at intervals , to its primitire fierce-- nets , by the fall of beams which had previously withstood the scorching beat , but which now continued to fall with heavy crashes , and these were sacoeeded by the stone frame-work of the windows and ether porti-ins of the tower itself .
u Another source of alarm , unhappily , now arose ; it was found that the fire had communicated with the Bare , and in a few minutes , the smoke burst forth into Tirid flame . The Boene now became quite terrific ^ , the firemen were labouring upon the lower roof , in situations of imminent peril , but all their efforts to arrest the progress of the devastation were Tain . Still the ruin spread from arch to arch , from window to window , until fears began to be entertained , that it would extend beyond the great central tower , and thus rednce the ancient and the restored to one common state of ruin .
u In the midst of this scene of terror , it was not without some interest , that the birds which hare long made this temple the place of their rest , disturbed by the flame and smoke , were seen makiDg their bewildered and uncertain - gyrations , appcariag and disappearing amongst the clouds of spark ? . u Between eleven and twelve , the roof of the nave -fcegan to foil in , aad the flames now having free vent , Aot up in vivid columns in the air , while the painted windows , rich is the symbols and recollections of the olden time , " displayed their bright and variegated transparencies , a glorious association , which formed a melancholy contrast to the destruction tbaVwaS wasting around them .. '
* At half-past twelve , the whole of the roof having gone in , the flames gradually subsided , and between « ne aad two , the danger appeared to be surmounted . Dreadful , however , has the destruction been , and the south-western tower , with the noble nave , now presented a ma * 3 of ruin , as afflicting to look upon , as that whica the torch of the incendiary Martin infiieted upon the noble choir . "Every pillar in the aarehas been more or less injsred , by the falling « f the kad roof and the large knots and figures , many « f % fakb bow lay divested of their lair proportions ^"" rct the rnbbish .
. * The belfcj present * the appeariaee of a shell , tho Interior frame work being completely destroyed , and BOthiBg-nsainwg- bat Ji » sfcelwSa of its former seanfy . ' ' . _ ' ¦ - , ' _ ___ " - * That portion of the Minster , whose destruction we now sincerely deplore , was began in the year -S 291 , by John le Romaine , then Archbishop , son of John le Romaiae , treasErer of the Church , who be 3 fc the north part of the transept , in the year 1260 . The Archbishop himself laid the first fctoae with much ceremony , attended by the Canons , in
. their richest copes . It was afterwards finished , -wife its noble towers , by Archbishop William de Ifakon , about the year 1330 . Thus , after having withstood the changes and mutations of time , and after hiving had its aisles paced by splendid ecclesiastical procei * iunB of the ancient faith , - occupied bj tbe less ostentatious display of the Protestant Gxorob , filled with Cromwellian soldiers , threatened hf gloomy iaeonoe&sts , and rich in the recollec-Mons , of more recent aad peaceful times , through a period of 510 yean , in one night has its glory been brought to nought .
** It may be remarked , that the very tower in which Jonathan Martin made his first attempt to destroy the Minster , on the night of the 2 nd cf Febraary , 1829 , bat which he could not accomplish , ts the one in which the present direful calamity commenced . *• The manner in which the disastrous eonflagrattoo originated remains enveloped in mysiery , various
romoars being prevalent , but that which ia most «« rrent as well as mos ; probable is , that it has accidentally originated during the proceedings of the ,- ; workmen engaged in it , the belfrey in the repairs of " ¦' ; . ' thftefoc-k . Ba * this at present is mere conjecture . Doubtless a searching and minute investigation will be made by the Catheral dignitaries , or the Lord Siayor and magistrates of this city .
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HOUSE OF LORDS- — Tuesday , May 1 J > . - Tb » tot * 1 aiaent w »» prren , by cornmiisioa , to Hnmfrr rfStfat&ud prsrata bills , the n . une * of wbieh . appear in 4 fce Lord ** PsrnamenUry report . I / rd Merhoorse , is answer to observation and in-¦ qairj from the Mjjquia of TTi iff jih alli' ^ hiiTl ' T ttuit be had b * L'B » in some qnartew , mJannAerttood ^ gftto -wt ut he bad rtatf d oo a former occasion regsrdiflrtfic . perseeationoUev&Iftl DKaaucSK- a « revextea Bi&t Ole
4 Krrenniw » jfc i » mflA ~ a « a-^ a » bat milr ninu fci p ^ gn end to raejzjpenecatioa . The Esrlof Abodacapresented a petition from ths Synod xit Scotland , la sspport tf bis bill respecting She Cburch of Seofland ; and : his Lordahq > remarked tbat , wlavtertr the assembly of the Cburca of Scotland s £ gh \ do , be bad ttie » tiafactk ) ii of bting able to stats tint ike had received communic&tiuiia from all issts bC Ssetland , approriBt of the meanzre be bad 1 tora Metbocra e , la eoaseqaeaee « f the state of b&si-¦ 'Wtm- la the House < rf Oommoas , Mid that be shoald ' 4 sfer the Cosasittee on the Un&idpal Corporation JtaeUad ) BUI , -which stood for Friday next , till Tbe B ^ op of Uaodair said thst , on Moad * T , be 4 S « id preses * petttksa on the subjeet at Mat itote of -fts ebarcb in Walea
&b MarqaU of Nonaanby , in eooseqoeaes € oon--vsssstioB arkisg ob % of a qvastiao sod remark from lBt * 9 Kea $ ail . ss to the n-giBtration of arnu , ict , is JsjifssV « ud that Its was read / to produse any i&forssstfoft ^ at might be required mostratire of tbe prasest state of Ireland , n # AreKbaliop of Dublin SMTed his resolctioB decbtCassijr of the expediency of potting an end to "tr * a * nnrtet £ oB , " supporting \ he same at much leacUi
asd with great earsesutcoL Ths Msffflia of Normanby opposed the aotiom , as-BBrsng Ms Grace that at all times be should be most ¦ aeaious to receive from him any representations that sai « btleaeji tbe evils of tbe exiting system ; and also « f the sincere respect be felt for him ; be would not , tberefore , eaU npoo their Lordshi p * to give the motion a direct negative ; bat feeling it to be one it would be Biost injurious to adopi , ie would move tbe " previous qossUon . " After extended debate tis motion was negatived , and tbair Lcrd ^ ups adjourned .
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HOUSE OF COMMONS—Tuesday , Mag 19 . After very extended discussion , the Weaver" Church Bill , and tbe Portsmouth Floating-bridge Bill were severally forwarded a stage , the latter being read the third time , and passed . On the motion of Captain Pechell , a return was ordered of tbe duty on windows assessed for tbe twelre towns In England which contribute tbe largest amount Mr . Oesswen asked whether there was any prospect of a speedy settlement of tbe disputes between France and Buenos Ayres ? It was some time since intimated that such was the ease , bat there had not since been * iren any Information om the subject . He wished also to know whether there had been lately any attacks made by the French on Buenos Ayres ? HOUSE OF COMMONS—7 W * i « . J /« » IS .
Lord Pahnerston answered that , with regard to tbe first question , be bad lately received despatches , the details of which he could sot communicate to the House . With regard to the second question , there bad b * en nets of iggressioa on the part of the French fsrees against fee state of Buenos Ayres . Mr . Cresswell wished U know whether , m those acts , the French acted for themselves , as belligerents , or as assistants to any of tbe neighbouring hostile states ? LordPalmerston replied , oh their own aceouni Maj « E- $ JhjbtWTnd moved for a return of the name of the master of the free grammar-school at Sutten Coldield , ia the county of Warwick , the date of his appointment , "thegroes amount of rent received in each year , from the day of his appointment to tbe 1 st d ay of January ; 184 « » arising from the school lands , houses , and , other property , kc
Sir E Sogdea objected to the minuteness » f the return required . If eo particular a return were to be required respecting each grammar-school in England , it -would occasion a great waste of time as vrell aa much expense . The motion was withdrawn . The adjourned debate en the question , that tbe House do resolve into committee on tho Registration ( Ireland ) BUI , which again called ftrtb extended discussion , in which many members took part , vai resumed . Mr . C Wood and Lord Howick supported tho motion for going into committee . Mr . Hume ( at two o ' clock in tbe morning ) moved that tbe debate be adjourned , on which , the House divided ; but it ww negatived . He then moved the adjournment » f tbe House . The debate waa eventoaHj adjooraed till Wednesday .
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THE Proprietor of this Publication having been prosecuted by the Government , for selling ( in the course of his business as a general publisher ) , three numbers of a work which , among others , had been consigned to him by a country correspondent , and of the contents of which Mr . Cleave was wholly ignorant until proceedings were commenced against him by indictment for publishing a libel on the Old Testament , and the present detestable law of libel rendering every publisher responsible in all cases for the contents of the works that pass through his
shop , Mr . Cleave has been sentenced , under a Treasury prosecution , to a long term of imprisonment , and to the payment of a heavy pecuniary fine , for an offence which ( if offence it bo ) is daiiy committed by the most extensive booksellers in all parts of the Kingdom , who publish the works of Voltaire , Hume , Gibbon , Volney , Byron , Shelley , &c ., without the lightest molestation ; it is confidently hoped and believed , that , under the eLroumgtanceg , the friends ot Mr . C-eave , and all enemies of intolerance , will rally round him in increased strength , snd thereby manifest their hatred of oppressum , in whaterer shape it may present itself .
All communications from correspondents to Cleaye ' s Pksst Gazette ep Yabiktt , will bo attended to , as heretofore , by the individual to whose care the general ssperinteudence has been for some time past confided ; and every possible care and exertion shall be continued , to render this publication deserving of th » proud position it has so long maintained in publis estimation . 1 , Shoe Lane , Fleet Street , May 18 , 1840 .
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FEARGUS O'CONNOR HERDUfe AND FEEDING WITH CONVXCTSD TCXOKS . At length , then , the knotty point is settled , K Inquiries" have bees made , and the eighteen months' domicile of Mr . O'Connor has been deter-? ^ Wl « iiiWfi » & B '« » L 4 » i « York Castle . liej ?
geeyiag m Uou fretf-fl ^ fett , witfc ~ a tMn flock bed ; no mSttress , no theets , ss 3 - no pillows . Not a chair , or-eTen a bench , on wMch to rest his Habs , * bwi -a « old stone oa which iRTmay ' sit ^ own when tired of pacing the precincts of his duugeon ; with felons of all sorts , including thieves and murderers , for his associates . Not one of his friends is permitted to see him under any pretence , nor can any letter be received or sent out by him without the Governor ' s inspection .
On Wednesday morning , we received from Mr . O'Co . tKOR , a letter , dated from York on the previouB day , and informing us of his arrival in that city . Not having seen him during his present illness , we , aiid our publisher , Mr . Hobso . n , * ent over to York for the purposs of Beeirg him , and of ascertaining the exact condition in which his new circumstances might place him . On application to the Governor , and inquiring as to what instructions he had received respecting the treatment of Mr . O'CosKOB , we were informed that he
had reoeived no special instructions at all ; and that he was compelled , therefore , by the duties of his effice , to regard and treat Mr . O'Connob precisely as he would any other person convicted of misdemeanour or felony ; that the regulations of the prison were under the immediate sanction and controul of the Home Secretary ; and that he ( the Governor ) dare not violate them ; one of these regulations being that do victors , not being relatives , eoald , on any account , be admitted . Mr . O'Co . nkor having no relatives in this country , the
effect oi tbiB barbarous regulation will be , io cut him entirely off from all socisty , save - that of the gaoler and of the felons and misdemeanants with whom he is obliged to herd . Mr . Hubuok wrote and seut in a letter io him , requesting a statement of his health , circumstance ' , and treatment ; the following is Mr . O'Co . nno& ' s reply , both lettsrs having been carefully read by Mr . Nobub , the Governor of the Gaol : — York Castie , Hay 20 th , 1849 . Mt dba » Hobsok , —Toa ask me for a fall accosnt
of ay health and treatment . I m lodged here bat night at abort tea o ' clock . I brought son * laggaee . and bad £ 3 11 b ., and a few newspapers , all of- which , ¦ ^ lAhjffJt Lu rtkar of ttut png o ^ were Tgen " po 3-tssslM of by tbe Governor . I was then accompanied by the GoTtrnw and several turnkeys , through numtokss passages , sad heavy iron doors , till at length I ssaebsd tb « usual esU for all classes , nmrderen . Vobbsrs , fsloss , and political offenders , ia whose trettmtat c « * irtinetion whatever is made , with the exception that tbe latter are allowed ts wear tbeir own clothes
As I was a novice , Mr . KoWe , who , I most say , would hav « mare pleasure in obeying less stringent rules , allowed on * of tbe turnkeys to make my bed , which ctssistsd of s flock satk-IBte thing ; and which 7 « have oftea heard me say , knocked «• vp bus * than anything ia the world : that may be only » mbrfsttnse , as I prefer hard straw to a feather bed : bnt to return , my bed was laid upon an teoa grating without sides ; I kU a blanket over it , bvt no beeiB , aad two more Waaksts ts put over me : a *
pillow , aad no sides to the sod . Tbs GoYenwrTery kindly offered me more blank *** , but I bad raf great soat I was sbmt tip in a datk stoae eell . witfaarerv narrow iron door aad a « maU iroa-gr » ted wiadow . In tbs dark I katlt * owa , framed to God that I aUght sleep soundly for «* w . I then stripped aad laid ae dowa , but my prajvn were & » t gnated , as I never closed aa eye . When I placed my rheumatic shoulder against the wall , tbs sold ata&es xepalsed me ; and when I moved I was almost out of bed , for its width is not as broad as my shoulders .
Before seven , a bell rang , wbea I dressed myself , and shortly after my door was unlocked , previously to which I bad , according to the rules , folded my thin bed into a triple roll , and my * ed clothes , neatly fslded , I placed over it . I then followed the turnkey , carrying is my hand a
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black chamber pot . fwhicb . I was to empty in the rink in the yard , and then wash the utensil at tbe pomp . I was then placed in a yard with tws other prisoners , who have been tried and sentenced . At eight 1 was summoned to breakfast , when I passed under many a felons * anxious gaze , to a long narrow stone , where everv ^ man in the prison stood np in line , ail id prison dresses but myself , and all uncovered . We were then placed sfcsnding at a narrow shelf , where before each man was placed a black earthen pot , and a wooden spoon , with a r » U of Terr good bread ; in b lack chambsr pot . twhich , I was to ennAv in th « atnlrJ
the pot was water and oatmeal , which was supped , with tbe bread . 1 looked on , but did not , nor eoald not touch It . At ten ws were summoned to chapel , where , with my two yard companions , I was locked np and saw tbe minister through tbe grating . Tbe service lasted nearly an hoar ; after whleh I was locked up in my yard , to which is attached a day-room , with stone benches to Bit upon , and everything very clean , bat eold . About eleven o ' clock the visiting
surgeon called ; and , for the first time in my life , I felt wounded pride , while , through an iron grate , I was compelled to explain my several maladies ; but if I felt pride , tbe surgeon appeared to have no less feeling . He has one of the most sagacions and intellectual countenances I ever saw , and of bis feeling you mast judge , when I tell you that he seemed to take a pleasure in being able to substitute tea for the meal and water ; which I declared I never would touch .
Shortly after , one of the visiting magistrates , Mr . Hague , visited me , and told me be hoped I would submil to the prison rule * . I replied , thst through life I had always conducted myself as a gentleman , and I felt convinced that even a prison could not make me forget that I was a gentleman . He then asked me if I should prefer being alone to baviBg my two companions I , ef course , said no . At twelve , we were summoned to dinner , when each man had tbe same quantity o ( bread as at breakfast , with some broth . I ate a few mouthsful of bread , but could not manage the broth ;
nd np to now , four o ' clock , I am . all ibut fasttag * Now for my health . I never waa so mnpbdcfeUltat ^ d . V ' X have rheumatism in both legs and to mrbM&hThirft pain in my chest and loins , and ft cottgb . nfai , now , what say yo « to a good man straggling agaip ^ t adversity . Perhaps you are not aware that very ^ trong affidavits were made by Dc . Thomson , one of the ablest of tbe London faculty , and another by g . -geon Jaqne , who has attended me for five years , in whichjthey both deposed that confinement in York Castle wooid lay the foundation of disease , which would certainly shorten my life . To which Lord Nonaanby replied , that be
saw nothing in them to cause any alteration ia my place of imprisonment I am five years older than when yon saw me on Monday week ; but am still the sune man . I thought it wholly out of the nature of things that such punishment ever eoald be intended for , or inflicted upon , persons for a political misdemeanour : eighteen months bow , is more than ten years under the usual treatment fer similar offences . Tbe man from Huddersfleld ( for tbe murder of Duke ) and myself are precisely under tbe same rules . Ifeed I say more—or have you not yet heard enough ? Faithfully yours ,
Fbargus O'CONnob . P . 8 . I eat my meals with sereral under sentence of , transportation . There are no political offenders but myself . At seven in the evening I am locked up agaut , and am now standing at a bole in tbe wall while I am writing . Upon this plain , unvarnished narrative , we thii-k all men will agree with us , that little comment is required ; it tells a tale of infamy and cruelty which , were there a free spot left on the fair fame of Whigeery , would instantly csrrode it .
The Governor , whom we believe to be a man well worthy of a better office , seemed really sorry that he could not , in accordance with his duty , admit us to see Mr . O'Cobnob ; but intimated that the visiting magistrates might give an order to that effect , and that , if they would do so , he should be very happy to obey it . Mr . Hobsom immediately made application to a Mr . Hii&u , who is a visiting magistrate , but wasdsnied .
Ia consequence of Mr . O'Cohxob / s sickaess , be is * tbsvagb tta ^ ktfcxffereqce of the > STH ? Re « i VxrjtnTJ ^ toua yaeriri ^ i / , « ind p ^ Rd ^ JLhsSfvUi , morning and evening- ; bnt tW ^^ in 44 jfe <*« Gaw ^ m ^ mm ^ m ^} n i ^» 9 ^ ietii ^^ 0 draw the moment he waa well . ' We also 3 ideraWod the Governor to say , that , while sick , h& would Be exempted from some of the more harsh and gallittg . of the jnenial duties of the prison , such as ' iwaeaing and scouring the stone-floor of the cell autf
day-room on his bands and knees , and other like genteel employments . This , however , and the ** iiw dulgence" of tea and coffee , is no more than just what might and would be claimed by any sonvicted felon , be he thief , burglar , or murderer , so long as he was sick . When we remember that , but the other day * in the debate in the House of Commons , on tb . 6 case of Lovktt and Collins , who complainof l < tf treatment precisely similar to < ihat whicli ., Jjf O'Conkob is now made to undergo , Mfc f ^ igl
Maule , as the organ of Government , exfiyql his deep regret that they should hsve btt ^ W ^ jected to felon ' s fare , and his opinion tas £ - {**» ought to be a distinction made between f * fiti < tB and civil offenders , and promised to take csip thsjt a provision to that effect should be introduce ^ info his new Prison Regulations Bill , we do f < Mi halt surprised that even Whig effrontery should venture , thus upon tbe instant , not merely to aathoriss , bnt to enforce tbe repetition of that which th « yli » d thus publicly repndiated , and avowed their r * gpsi that it should ever have existed . . :
We believe this is the very first iutaafie upon record of any political offender , proseOted by ' Ex Offido , being thus treated . When Sir Fbukck Burdeti was imprisoned for seditions libel , lie had every possible Indulgence consistent with safe custody . He gave dinners , and received visits in the prison constantly ; from all the most disking guiahed characters of tHe day . Lkjgh Hunt held literary oonoctsaxionet in his prison ; and Mi .
CoBnsrr , whose case has alwrays . been held tobejone . of peculiar hardship , occupied a room in the Governor * * house at Newgate ; lived as he liked ; Wd i |« i free tdmiauon of all his friends , a&d ^ Jts&M ^ Lu li « ffitter daring the whole time of Ti ^ jffiftffijUft aj wEtb MrT ^ BPHnBls at t £ ls mom ^ T ;<^ Bn ^ ia good private apartments in Chester Castle , havjng the constant society of his wife and family , fros fedmisoott of all friends every Friday , living in whatever manner suits his isclihstion , and suffering , in fact , scarcely any incsnvenience beyond what isneeossary for his safe keeping . ! ; '
It needs bnt a glance at these things to see that , in the present instance , it is the man , Fkabous O'Cohsob , whom the coward factions have concentrated their powers to annihilate , and not tbe offence of polities libel , which they are punishing inhispfrsoa . Ffi . &a « s O Cok » ob has been a sore thotn in UssbUm of the oppressors . He hasagaMandsiaintondsfdvillariy to the quick . He has withstood the WMBgHte flat upheld she right ; he has maintained the esaaetf Hie
afflicted and the right cf the poor , and , above al ^ the most heinous of Us offences is , that he W established the Northern Star , a vehicle of Opiniob for the people , which already wields a poweir bsfors which the factions tremble , and whkh tttsy . ' | n © w will eventually level their asorped autie ^ Jwith that low dust which was tbe eommott « n |^ t of i | and them . It is for this , principaUy / thai h * is , at all hazards , and by any means , to be destroyed .
The coward villains do not dare to hang or Bhoot him openly ; but seek rather to ensconce them * selves behind the forms of law , and wear away his life by protracted cruelty . We ask the- people what they say to it ! Are they contented thus to see ( heir
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best and ' noblest leader immolated ! If not , let them instantly bestir themselves ! Let meetings be holden in ervery city , town , village , and hamlet of the empire—let memorials strongly , bat respectfully worded , poor into the Home Office from all these meetings , giving the Government to know the people ' s minds ; and let Petitions to the Commons and the Lords be instantly prepared and Bent for presentation , to Mr . DoncoMBB , Sergeant Talfocbd , Mr . Waklbt , Mr . Hvhb , and any other M . P's . likely to be induced to act in the matter . If this plan fail , we will think of some other ; bat let this be first tried , and tried instanttly , in all places , and at once . K ^* ^ . * , » u .. i' i . oi . k ^ j-i-ji i * _ . !„*
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THE LAW OF LIBEL . Thb London press , just awakening to its danger , has lately been agitating this question with some seal , and though we have often animadverted on this all-important Bubject , yet we think it advisable , at the present time , to return with tenfold vigour to the charge . Too many of mankind look on the proceedings of others with a Cold and apathetic indifference , until they themselves feel the effects ; one man , perhaps , will behold calmly a burning house without offering to interfere , but immediately when the flames spread so as to threaten his own dwelling , he rushes about like a madman , calls for water with most lusty lungs , and prays that the fire may at once be subdued . So has it been with
our contemporaries in regard to almost every national evil , and among others , the vile and shameful practice exerted in cases of Hbel , as it is called , and not until they felt the wound aimed at the liberty of the press by this weapon , did they look for means of safety . Our laws , Heaven knows , are bad enough ; there arc stains and blemishes sufficient ori our Statute Book—some stains of folly—some of cruelty—some of oppression ; bnt all these , three qualities wijl be found combined in that portion which refers to libel .
We would begin to treat of our subject with a definition , but who , in the name- of common sense , can answer the question , — " What is libel V Search through the vast quartos of legal volumes , dive into the labours of Judges , the opinions of Counsel , aye ! and even the fervent descriptions of Attorneys-General , and what a jargon of nonsense , of absurdity , of contradiction , of unintelligible and stupid stuff will be gathered together ! "PuBliendum " M Monstrum horrendum " u Without endum V
What is libel ! "A written defamation , " * says one . Very explanatory indeed ! "Any writing that makes a man ridiculous , " observes another , " and anything that brings him into contempt . " Oh ! then—if we describe one , aa being a most honourable and worthy man , and he happens to be a disreputable , dishonest , rogue , our good intentions have made us libellers ; because he will assuredly be made ridiculous by the contrast showing what a human being ought to be , aad whit this person is .
What is libel ! we ask agaia . "Any writing that injures a fellow being , " we are told . How , we would ask , can any one tell what will be the result of his composition , though sent forth with the best of intentional " It is a writing , " ejaculates another , " containing a charge that makes the party against whom it is sent forth amenable to the law . " What ! we reply , if a person has injured himself by hia ill conduct , if he has made himself amenable to the law by his crimes , it he to be allowed to say the publication of these facts , and not the
commission of them , has done him an injury , and that he is entitled to a large sum of money , or some other penalty , from the unfortunate publisher , who had desired to benefit the world by telling " the truth , tho whole truth , aud nothing but the truth ! " Even so ! There are a thousand oiher definitions of libel , which have been made to suit the cpnvenince of the times , or the desires of a party—bat they all amount to this , and : this alone , viz ., confusion , uncertainty , and doubt . ' To speak njetaphoricaUy , we should say tb ^ th ^ is . at preae ^ adlnriobscujfe .
^^ and f ^ yry islamf , abounding in deceitful saires and dark < 5 % n 4 na > " su ^ wHinded if Juddeo . quicksand * and shoals , destroying the ignorant voyager and the deceived mariner—that this island " is known b y the name of Libel , that its boundaries are so extensive thai they can never be traced ; but it is generally supposed to be bounded on the north by a Judge ' s whim—on the south by a tyrant ' s eaprico—on the east by a lawyer ' s quibble , and on the west by an Attorney-General ' s imagination ! Happy the man who can steer clear of these concealed dangers , or can take refuge in one of these neighbouring states !
Yes , in so miserable a condition is left one of tho moat important branches of jurisprudence . Talk of the'liberty of the Press !—it ia a mockery and an iaault , while this keen sword is suspended by a single hair over the head of those who write for the public good . And without the liberty of the Press Jrhat liberty is secure , what right is guarded , what pr ivilege is rescued from the grasp of tyranny ! Where a people are kept in a stat e of uncertainty as to what they may , and what they may not , dowhere they neither know what are their rights , what are the confines of the power placed over them , what , they should shun , or what they should court ,
they are in effect nothing but mere and abject slaves . And as the liberty of the subjeot is destroyed by uncertainty , so is the liberty of the Press destroyed by uncertainty . Laws , and penalties , and offences , must be defined and certain , before any individual can justly be subjected to their power . ^ The Press o / Great Britain has ceased to be free I Every Journal that issues to the public must necessarily contain matter that may be turned and twisted into a libel , according to tbe modern , strained , and senseless interpretation of the word . The office and the duty of the Press are at an end , when it ceases to act as the
cen-« sor and recorder of public vice , of public infamy , and public proflgaoy . Now let us see the proceedings for the prosecution and punishment of this extraordinary offence . It maybe treated either as a private , or a publto injury ; if the former , the plaintiff brings an action declaring he kas Buffered something by the defendant having written something , which , ia fact , itafQuats to nothing . However , the Jury suppose there is something ia it , for the . Judge foni ^ ftm it fofl lihfll , » t , rf « j neither theyy-nor any others , know what a libel is , they take it for granted , and say that the defendant must pay something rery
heavy as a satisfaction to the injured honour and immaculate parity of his cruelly maligned countryman , and so forth . Suppose , on the other hand , it is tamed into a public crime , then the prosecutor ma ^ proceed ou an indictment , or the Attorney-TJeuer * l may file taexojieio information—that is , an . information or accusation according to bisstrnrl We always hear a man talk of duty , when he is going to benefit himself at your expense . An em qfficit trial is much more oppressive , expensive , and troublesome than one on an indictment , but both of them are founded on what ie called a fiction # / fate , or ratfec ? Jfee most monstrous quibble that ever was invents *! It is said that a libel having a tendency
toproTokeabreach of the peace , it would only be regarded in that light , When publicly proceeded agsjsstjaand to be . looked apon as an offence contrary to pubUe ,: father than to private , security . Proceeding on ihiB ground , it is laid down , that as defamation ; when it is true , stings mere deeply , and has a greater " effeot in exciting the party to break the pesbe , than when the charge to false ; therefore , Iruth skalt root be a justification , and tflk defendant is to sufer equally , whether the writing contained a trne ' or a fstse accusation ! 1 It is absolutely laid down , that the greater truth the greater libel . " 3 pould a more fbolisb , more unjust , or more barbarous inode of proceeding be possibly established ! Here is a
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i .: ¦ ; . .. .. -. ~ v I * The reader will observe that all these definitions jave actually been given by lawyers .
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ehargeof the most indefinite offence to be met by what ! Why , by absolutely nothing , for the very subfitance of any justification , that might be offered , ia at once taken away . Here is the most comprehensive of all , accusations , with the narrowest and most confined of a ll defences I This vile practice discloses its origin—it has arisen from the civil law of Rome , transplanted to the despotio Star-Chamber . ^ .. ^/ . ^ kamMthiiiAfinititnfl ' miMitahAinethTwhatt
We may now easily see Why so many of the greatest and the best of men bate Buffered as libellers I We may at once perceive why true patriots , why sincere friends to the poor , and foes to the despot , have been singled out as the victims , or rather martyrs , of a party , on this ground . It is because the tyrants know that that which baa been asserted against them ib prevented from being proved to be true * and therefore that they are safe . While , on the other hand , not being able to find one astion , or one offence , during the whole life of the l ibeller , ( as he is called ) that can possibly render him punishable by the laws , they at once trump up this boundless and unintelligible charge , to which , trath , justice , reason , and good character are no answer !
The effects of this folly and cruelty are every where in this country disacrnable ; the greater portion of the press are cramped up in their exertions , and fear to come under the law of libel , while others , who dare to assert the freedom of the press , and hold up publie prostitution to public hatred and contempt , are cast into a loathsome dungeon ! And so it will , nevertheless , remain , until the people are admitted to their true place in the constitution , and oommon sense and justice take the precedency of interest and oppression . Then we may see laws made in consistency with the only true
and proper definition of libeL We allude to the definition given by Mr . O'Cohnob on his trial at York , viz . : ¦— " A publication reflecting upon an individual , oommanity , or order , wherein , the proof of the facts alleged shows a malicious intent , rather than a desire to promote general good , and whereby the danger to society is likely to be greater than the benefit to society ; the malice to be inferred from the fact whether exposure is preferable to conceal- / ment . " Under this meaning , the acts and opinions of our Governors might freely be canvassed , and a warning be given to the people when danger is at hand .
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NATIONAL PRESS . Ih another column we give , as sent to us by a correspondent , whom we don't know , a report of a meeting holden so long ago as the eleventh of May , in Hull , at the instance of Mr . Burns , who appears to be itinerating the country for the purpose , as he says , of pointing out to the people the best and shortest method of obtaining the Charter . This is , the establishment of a weekly newspaper , to be edited by Messrs . Lovarrr and Collins , and published by Mr . Vincent , and to be called the National Press . This National Press , he supposes , will prove nothing less than a national mint , in which the people may eoin money faster than they can count it . It is the common fault of warm-hearted but
inexperienced speculators to calculate pounds , where they afterwards find it very difficult to realise pence . We fancy that our good friend Mr . Buass is pretty certain in the trial to find his pet scheme—as to the the result which he anticipates—in this or even a worse predicament . None would hail with more perfect satisfaction than ourselves the establishment of a truly national newspaper ; the property of the people ; conducted by the people , for the profit of the people ; and we think it not too much to aay , that , for some years , none struggled more arduously than we did for the
accomplishment of this object . We expended no small share of time , money , and exertion ; with about the same result as , we fear , will be the issue of Mr . Bwrks ' s present efforts . Several attempts were made ; but the poverty of the people , induced by the oppressive system under which they live , rendered them all abortive . We had the satisfaction of getting , in every instance , our labour for our pains ; and were almost on . she point of concluding , that no really efficient poor man ' s press could live in England ; when the proprietor of the Northern Ster . with a degree Of adventurous patriotism seldom equalled
determined , 8 pite of oar grave and friendly assurances that the affair would prove a ruinous failure , to do for the people what the people , could not do for themselves—provide the wherewithal to get out and to establish a truly national and independent newspaper press . This he did , in the establishment of the Northern Star—a speculation not less bold than it was patriotic ; and we appeal most fearlessly to its eountless readers , whether , from the first moment of its existence to the present time , it has not proved itself , in every sense of the word , a National Press . Its columns have never
been confined to any one district or locality : they have been ever open to the ' &tatement of the wrongs and grievances—the views and feelings of the people in all parts of the empire ; and , while under our controul , it shall never lose one particle of ; this national character . True , it is the property of an individual ; but that individual has derived no profit from it . The whole of the entire profits , and much more , have been by him religiously devoted to the furtherance of the people ' s cause—the cause of right—for whioh he has done more , paid more ,
travelled more , and made greater exertions , than any other man alive . He is now , as will be seen from the foregoing article , suffering a slow martyrdom for the offence of publishing this people ' s paper ; for there is no man dolt enough not to know that the prosecution of Feargus O'Connor is but the prosecution of tke Northern Star ; and that the chief hope of the vile factions , from their present ti eat ment of him , is that , by murdering him , through the agency of their vile dungeon regulations , they may succeed in putting down the paper—the only paperwhich has hitherto , successfully , defied their power .
Selfish and trading politicians , such as those , who are generally moat prominent in their declamations against individual leaders of the people , would , under such circumstances , we have no doubt , imitate the conduct of that portion of the press which called itself Radiaal when we came into the—field—raise the .-cry . of " opposition "—and ,, by every possible expedient thwart the new comer * . Our advertisements were rejected by the True Sun , even thoagh the price was tendered for them jwe
were made the object of constant and repeated attack , not only politically but personally , by our provincial Radical cotemporaries ; and every obstacle thai could be thrown in our way was thrown in it . This has never been our practice—it is not the practice of any bat trading politicians . We have , during our brief term of life , seen several organs rise , in different parts of the country , whioh promised well for the good cause . We have received them all with open arms . We have cheered each on its wayand we have looked to each—so far as its conduct
and management would permit—as a valuable ally and auxiliary , in the great warfareof the rightagainst the wrong . We know the power of the press ; and our friend Buaws cannot appreciate it more highly than do we . Most truly are we gratified by -every extension of its boundaries when honestly and patriotically directed . We should therefore hail with unmingled satisfaction the establishment of any newspaper under the auspices premised by Mr . Burns . Lovstt and Collins are honest men ; and ' tis pity that their talent , and that of the energetic Yihcbkt , should not be in some way made constantly available to the whole people ; and we know no way in which it might be done better .
There is one thing strikes us in the report of Mr . Busms ' s lecture , that we rather wonder did not strike iiim . He speaks of his projected paper as a national press * and he talks of the application of its profits in a manner which clearly indicates his intention to be , that the property shall appertain to the whole people ; but he lays down no plan , by which it is to be raised . He calculates on large profits through the medium of a high price . He
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finds no difficulty in finding readers for the mtrnM the rateof six subscribers for every " ringv 2 P but he leaves as totally in the dark as to whaTS original outlay of capital is to be derived . R « f S is jost the rub ; the difficulty which we om ^ M encountered in a like speculation , Wefouttj ? B raises of readers in abundance ; the iVoWfart ? 9 has found readers in abundance j but our pr « wS national paper could never be established , andSJ not been for the individual resources of | S O'Comnob , the Northern Star never would j 3 been established , for want of the faads ne » Z ! l « nW « nn diffirnili * In fln / Knn . «* i « . « .. aILI
for its commencement . We wish this may not » J an insurmountable 'barrier to the accomplishmest 1 Mr . Bobns ' spatriotic purpose ; bat past experioj and ear extensive knowledge of the peopVjS poverty , induce us to conclude that if Mr . BduJ Afaiefla / Prwdoevercomemtotbefield atall ^ tmJ be as private property . We shall not quaml witkfl on that account . We had rather see the people tafcl all their own matters into their hands- coll » £ *^ J
but we care not whence the source , or even wftJ the motive , so that advocates for right appear « J bid them welcome . Heartily rejoiced shoW « J be to see a hundred patriotic newspapers sprite m | to-morrow . The harvest is great ; and th » j | pearance of every new labourer inspires ng jUt fresh hope that the grain is ripening . ' t We trust to the honesty and energy which W hitherto impressed on this paper the stamp of ^ ty .
approbation for the continuance of that stamp , ft have always stood , and we always wish to tfty ] on our own merits . We challenge from the pZ 2 the most scrutinising observation of the Nort , Star ; and when they find it flinch from priBiaL or veer towards either faction , they will , of eotha let it go down at ones ; but while it ia whatit 2 hitherto been—a national press , devoted solely fe the peop ^ , in which ' "As to a mirror , shadowed forth , their ntind u .
We know t » f psople . * w well to « apposef <»^ moment that they will p ^ mit the base fa ctions fc shjoy the satisfaction of having crushed , not oah the most troublesome patriot that ever faction bad to deal with in this countrk bat , with him , % only national press that ever yet appeared in tin country . - *\
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AND HIS FELON FARE . As a first step towards the removal of this blot from the " liberal " escutcheon , it a necessary that the Government should b « informed of the facts ; for which purpose tlw following Memorial from the Editor and Publisher of this paper has beea sent to the Home Office : —
To the most Noble the Marquis ofNoniu . XBr , SeerticTj of State for the Home Department ; the MemorUi and Request- of William Hill , of A ' » njrf « j . upm-Hull , in the Town and County of the «« , Minister of the Gospel , and Joshua Hokojl of Leeds , in the West Ruling of the Count f ^ York , Printer and Publisher , HUMBLT SHKWETHThat your Memorialist , William Hill , abm > named , is Editor , and your Memorialist , Josm Hobsok , above named , is Printer and Publisher , of a certain Newspaper , published at Leeds' aforeaii , and called the " Northern Star , and Leeds Gmrt Advertiser : —
That a friend of your Memorialists , FZARGUg . O'CONNOB , ESQ ., Barrister-at-Law ^ eing ftiprietor of the said Paper , was Iately ; pro 8 ecute 4 , « an Ex Offido Information , by herSlajetty ' s Atot ney-General , for an alleged Seditious Libel , insaiei in the said Paper ; of wbioh /* ffence , having beet convicted , he has been adjad g ^ d , by her Majesty ' iJutice * of the Court of Quftafr Bench , to be imprisoftsd
BiaHTEsn months in jm Msjefty ' s Gaol of a * County of York , au ^ T that the said FEARQUS O'CONNOR is oojsf for the said political offc « v wnfined-among the Felons of the said Castle , andsib * jected to precisely the same rules , both as to Did and Discipline , as the convicted Thieves , Burgltfi , and reputed Murdereis , now confined in theaij
Castlei-That he is sleeping on an iron bedstead , wftl thin flock bed , with no mattress , without any sheeto ^ and with no pillows ; that he is compelled to perfcm various menial and degrading offices , such as emptp ing and cleansing of chamberpots , and other 0 < fJ « pations , galling and insulting to a gentleman ; fls ) . he is permitted to receive no visitors , none of tt friends being permitted to see him ; that , tbesjl Buffering severely from rheumatism , and other bodtrr
diseases , he has not even the luxury of a wood bench to sit upon , bat is compelled , Whenever k would sit , to sit on a cold stone ; that his food fe of a character unsuited to the condition of an invalid , and that your Memorialists verily believe thst tbs effect of these combined hardships will be ( usles some alteration be instantly made in his treatmesi ) , not merely to prevent his restoration to health , but to destroy his
life;—That your Memorialists have been informed thii this is the first instance of a prisoner , prosecuted by ex offido , for a political libel , being so treated ; - That Sir Fbancis Bubdktt , when imprisoned for a like offence , was permitted to -provide his < m food and bed , to have free admission for hia fries * at all reasonable times , and to correspond fredy with his friends out of doors ; that Mr . Leigh Em had like indulgences , when imprisoned for a H » offence ; that Mr . Cobbett , whose case kas « ft * been quoted as a hard one , occupied apartmenti b
the Governor ' s house at Newgate—lived in whatever way he chose—had the free access of all his fried » - and conducted his Register during the whole ter »« * his imprisonment ; that Mr . Gboege Edmom * , * Birmingham , when confined in Warwick Gaol f «* political offence , during the wont days of Toiyi * i under Castlereagb and SiDMOtrrH , was on ti » debtor ' s side , and had the ftee / sxceaa of all & friends ; that Mr . Stephens ^ ^ ^ w / confinsd to * * iKeftsonable and seditious # pee ^ u , ' * Chester 0 ^ 1 has got private ap ^ TiTiwatik ^ il ^ ieaWifalpl »^ UiJi
8 /? . and ^!^ K ^ J ^ 4 » . jayn > Ui w ** g ^ and has the c ^ nBtant s ^ et y of his wifesnd »» W and free admission foe allotber fiends at ' •¦•^ f timeB ; that Messrs . CBiuaw , ^ cHABnsw , ¦* others , now eon&ood ia iiMciBker C ^^ Jf "seditioua speeches , ^ find their own bed and b « V and have various other indulgences whleh hare o * denied to Mr . O'CONNOR;— ¦ That Montgombbt , the poeti when oMifla * ¦• the same Castle of York , for a Seditious LibeV «* on the Debtor ' s side—found his ownbed , prov ^ his own food and furniture , corre sponded & •* with hisfriends , and could be freely tjuBtedoj * his friends , on any day , from Sewn CCIocfcia */
Morning till Nine at Night ;—and That your Memorialists think it very hari » inconsistent that FEARGUS O'CONNOR ¦*•* for the same sort of offence , be treated W Liberal Government so much more crusllj "* Mr . Montgomkkt by a Tory Government , _ , Your Msmorialists , therefore , pray yenr Lo « W to order that the said FEARGUS O'CONW Es »» ., be forthwith resaoved from the Fetow * ?» " Debtors' side of the said Cattle ^ f Y (^ k 'jTlJ jected to such treatment only as Mr . Moi »(»^ received at tho hands of your Lordship ' * ™
predecessors . And your Memorialists , As in duty bound , Will ever pray , * c « WILLIAM BILt ' .. JOSHUA HOBSON . Datevi at Leeds , this Twenty-Second Day of ^* ia the Year of Our Lord , One Thousand & *» Hundred a . ud Forty .
To The Readers And Supporters Of Cleaye's Penny Gazette Of Variety.
TO THE READERS AND SUPPORTERS OF CLEAYE'S PENNY GAZETTE OF VARIETY .
The Northern Star. Saturday. May 23, 1840.
THE NORTHERN STAR . SATURDAY . MAY 23 , 1840 .
$Mpmal ^Arltamrnt.
$ mpmal ^ arltamrnt .
Feargus O ? Em5t0it
FEARGUS O eM 5 T 0 It
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Northern Star (1837-1852), May 23, 1840, page 4, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/king-y1kbzq92ze2685/page/4/
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