Press, calling themselves a Constitutional Association; this Report of the Proceedings is gratefully dedicated by, and the sincere and heartfelt thanks is hereby offered to them, of

MARY-ANNE and RICHARD CARLILE.

REPORT,

&c. &c.

THIS was an Indictment at the prosecution of "The Constitutional Association," and their first attempt to obtain a verdict. The Defendant pleaded Not Guilty. The following are the names of the Jurors:

SPECIAL.

John Stracey, of Smithfield Bars, Merchant,
Philip Jacob, of the Crescent, Cripplegate, ditto,
James Byrne, of Dyer's Court, ditto,

Charles Wright, of the Old Jury, ditto, (foreman)
Henry Houghton, of King's-Arms Yard, ditto,
John Webb, of Coleman-Street, ditto,

TALESMEN.

Joseph Blackburn, Russia Mat Dealer,

John Davis, Painter,

John Williams, Cheesemonger,

Bryan Mills, Packer,

Michael Williams, Agent,

Frederick Bennet, Smith.

Mr. Justice BEST, at the request of the Defendant, enquired if either of the Jurors was a member of the Constitutional Association. The answer was in the negative. Mr. TINDALL opened the pleadings.

Mr. GURNEY appeared to conduct the prosecution, and Mr. COOPER was for the Defendant.

Mr. GURNEY.-May it please your lordship; Gentlemen of the Jury; my friend, Mr. Tindall, has told you the nature of this action, and it is now my duty to lay this case before you. The Indictment has been found by a Grand Jury, upon the prosecution of the Constitutional Association; and it charges the Defendant, Mary-Anne Carlile, with publishing a libel upon the Government 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, It is entitled, "A New Year's Address to the Reformers of Great Britain ;" and, among other objeetionable passages not charged as libellous, 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 libellous, and if the Learned Counsel for the Defendant can find throughout a single passage to qualify its malignity, do you, Gentlemen, 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 admininistration; 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, Gentlemen, these are the passages charged as libellous, and I defy even the ingenuity of my Learned Friend to show that they are not most odious libels. What! are the people of this free and independent country to be told that they have no Constitution? It is an assertion, the malignity of which is only equalled by its falsehood. We have a free and glorious Constitution. It has descended to us from our brave and free ancestors, and I trust that we too shall have virtue and magnanimity enough to transmit it unimpaired to our posterity. We have laws, too, equal in their administration. We have a Constitution where no lowness

of birth-no meanness of origin-operate as an obstacle to preferment; in which the chief situations are open to competition, and for which the only qualifications are integrity and information. Our laws are here stigmatized as partial and corrupt. If they were not impartial, this man would never have dared to vilify them. The very accusation proves that the charge is false; for if it were true, this libeller must have suddenly suffered for this assertion. It is because that they are administered in a spirit of mercy unknown to the laws of any other country-it is because they are administered in tenderness, that this man has had the power to promulgate his vile and odious falsehood. He thought it meet and right, and most becoming too, to tell the world that this was not the precise time for insurrection. He plainly indicates, that he has no objection to it; but he would say not a word about it at present, the time was not come; but he tells his fellow reformers to be " ready and steady to meet any concurrent circumstances." Gentlemen, it would be an idle and impertinent waste of time to make any further observations upon the pernicious tendency of this libel. But what is the defence which is to be set up by my Learned Friend? Are we to be told that the prosecution of this libel is an invasion of the Liberty of the Press? I will not yield to my Learned Friend, nor to any man in existence, in a just regard for the Freedom of the Press. But who, I would ask, is invading its liberty? He who brings to justice the offenders, or he who under the sacred form of liberty promulgates such language as I have just read to you? I do not think that on this subject you can entertain a doubt. I feel the most perfect confidence in committing this case to your good sense. If you believe that the Defendant is guilty of publishing this libel with the intention charged, you will pronounce your verdict of Guilty. If, on the other hand, you think that the passages which I have read to you contain nothing libellous, or that the Defendant is not the publisher, I shall sincerely rejoice in your conscientious acquittal.

James Rignall deposed, that he had purchased the pamphlet in question of the Defendant, at her shop in Fleet Street, on Friday evening, the 9th of March. There were several other copies lying about on the counter.

Cross-examined by Mr. COOPER.-Who are you?—I am an agent to the Society for the Suppression of Vice.

But you are also employed by these constitutional people, as they call themselves?-Only in this one instance.

Were you employed to purchase the pamphlet in question?-I purchased that and others.

You were employed by the Constitutional Society to purchase them? Yes, I was.

Who sent you?-Mr. Murray.

The attorney?—Yes.

And he directed you to purchase this pamphlet, eh?—He did not particularize any.

Did he state his object in the purchase?—No.

What wages are you to have?—I have no wages.

Then you perform this agreeable duty gratuitously?— No, I do not say that.

Then how are you paid?—I made a charge for my time. Perhaps you belong to the Society?—No, indeed I do` not (with vehemence).

Well, I do not wonder that you should be anxious to separate yourself from the Society (a laugh amongst the auditory).

Mr. GURNEY.-I desire that no such remarks may be made.

Mr. COOPER. What have you had for this particular job?-I have made a charge for several other little things I did (a laugh).

Mr. GURNEY (to the spectators).-I shall certainly move his Lordship to take notice of some particular persons that I see misconducting themselves.

Cross-examination resumed.-What other jobs did you for the Association?-I did several jobs; that I will not deny.

How much have you had for these little jobs?—I declare upon my oath, I cannot state particularly how much I had for these little jobs. I made a charge. I don't recollect exactly what my charge was.

Come, come, the round sum?—I can tell you pretty nearly the round sum, if that will satisfy you. I think it was above seven pounds and under seven guineas. I was sent on other business beside this.

I wish to know what that other business was?-Is it necessary to answer that question?

I think it necessary.-Then I will take the sense of the Court upon it. I have no objection to answer that or any other question, if my Lord thinks I ought.

Mr. Justice BEST. (smiling)-It tends to nothing; but it is as well to answer it.

Then I purchased some other different things for the As