nt and the constitution of this country; and, gentlemen,
after a not very limited experience in these cases, I will say, that a
more criminal and atrocious libel never met my observation. It purports
to be written by Richard Carlile; it is dated from Dorchester Gaol, and
it has been published by the defendant, the sister of that man who is now
suffering imprisonment for his own criminal conduct. It is entitled, "A
New Year's Address to the Reformers of Great Britain;" and, among other
objectionable passages not charged as libelous, it contains the
following; "As far as the barrack system will admit"--
Mr. Justice BEST.--I do not think that you are entitled to read that
passage, Mr. Gurney.
Mr. COOPER.--I think not, my lord; I was just rising to interrupt Mr.
Gurney.
Mr. GURNEY.--I have no objection, my lord, to abstain from reading the
passage to which I was about to call your attention. I shall read the
passage which is charged as libelous, and if the learned counsel for the
defendant can find throughout a single passage to qualify its malignity,
do you, gentleman, give the defendant the benefit of it. The passage is
this:--"To talk about the British Constitution, is, in my opinion, a sure
proof of dishonesty; Britain has no constitution. If we speak of the
Spanish constitution, we have something tangible; there is a substance
and meaning as well as sound. In Britain there is nothing constituted
but corruption in the system of government; our very laws are corrupt and
partial, both in themselves and in their administration; in fact,
corruption as notorious as the sun at noon-day, is an avowed part of our
system, and is denominated the necessary oil for the wheels of the
government; it is a most pernicious oil to the interests of the people."
And in another passage the following words were contained:--"Reform will
be obtained when the existing authorities have no longer the power to
withhold it, and not before. We shall gain it as early without
petitioning as with it, and I would again put forward my opinion, that
something more than a petitioning attitude is necessary. At this moment
I would not say a word about insurrection, but I would strongly recommend
union, activity, and co-operation. Be ready and steady to meet any
concurrent circumstances." Now, gentleman, these are the passages
charged as libelous, and I defy even the ingenuity of my learned friend
to show that they are not most odious libels.
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