CHAPTER VI. SIR ROBERT GIFFORD AND THE ODIOUS "SIX ACTS"
As briefly set forth in a letter to Sir Robert Gifford, January 14th, 1820, on the new Acts of the Legislature intended to expel even the shade of liberty from this country (England): —
"My Learned Friend,
"I venture to address you by that common epithet so-much in vogue with those who profess to be opposed to each other in courts of law, and I pledge my word to you with just the same feeling. My views are not so confined, nor my mind so narrow, as to imagine that you have inflicted an injury upon me beyond the period of my confinement; on the contrary, I reflect with pleasure on all that is past, and congratulate myself that by your assistance I have sown the seeds of my future prosperity. The prominent part you have taken in bringing forward and supporting the late Acts of Parliament under the auspices of your patron and preceptor, Lord Castlereagh, has induced me to address you on their several bearings, and to show you how far they may be nullified. Let me first premise that, under the present state of public opinion, their nature and character is such as to render them short-lived. I will commence with 'The Traverse Bill', which is admitted on all hands to be the least obnoxious, as one clause of it has enacted a real benefit by taking away from your office that arbitrary and capricious power of suspending prosecutions over the heads of individuals to any length of time. In consequence of this Act, I shall have the satisfaction of making you acknowledge the abandonment of at least four informations that have been suspended over my head ever since the Michaelmas term 1817, or of bringing them immediately to trial. How far I shall succeed in making you give up or proceed with those half-dozen, or dozen others of later date, remains to be seen. I cannot quit this subject without saying that it will give me much pleasure to meet you often in the Court of King's Bench, and hope that your known dissent from the hypocritical professions of the day will further induce you to promulgate those sentiments that you privately and I publicly espouse. With respect to the intended effect of the Traverse Bill. As to accelerating trials for misdemeanors, there is some ground for complaint, because equal justice is not given to plaintiff and defendant to hasten on his trial, and for this the Bill has not provided; whilst on the other hand, he is debarred from the benefit of a delay. The excuse set up for this part of the Bill was, that I had protracted the time of my trial for near twelve months. This, Sir Robert, you know to be false, the delay was on your part, and on the part of your predecessor. I am inclined to believe that prior to the 16th of August, my prosecution was in some measure abandoned. Having been present at the Manchester meeting and narrowly escaped the sabres of the yeomanry, and got better through the truncheons of Nadin and his gang than some of the other attendants of that meeting; and lastly, having eluded the vigilance and search of the magistrates of that lawless town, I came to London and told the plain, unvarnished tale of the massacre committed by the yeomanry at the instigation of the magistrates. The necessity for getting rid of me was immediately resolved upon, that I might not in any instance give evidence on that subject. First, the project of bringing a charge of high treason against me was discussed and as soon abandoned, and the trial for the high-sounding charge of 'Blasphemy' agreed on, for the double purpose of getting rid of me as an evidence and of drawing the public attention from the Manchester affair. The Traverse Bill, considered in its proper character, is merely a clause of 'the Blasphemous and seditious Libel Bill' put into a different shape, to hide the severity of the latter. 'The search for Arms Bill' and the 'Drilling and Training Bill' are enactments of the most hideous character, which nothing but the guilty fears of its projectors could have produced. The latter should have been entitled 'An Act for the encouragement of private malice'. 'The Seditious Meeting Bill' is another of those destructive measures that has brought England on a level with Algiers. The Bills relating to the Press are now to be considered. It is with those, Sir Robert, you have given us a specimen of your disposition to annihilate the liberty of the Press altogether, for we must look on those Bills, not as the act of Parliament, but as the act of the Attorney-General. I shall therefore proceed to make my observations on them, and begin with that which is intended to increase the punishment for whatever you may be pleased to call blasphemous or seditious libel."
After giving the first, second, and third clauses of the Bill, he comes to the fourth clause, which empowers the judges or magistrates who shall preside at the second conviction of the individuals for either blasphemous or seditious libel to use their discretion (!) in fining and imprisoning such individuals or of banishing them from the country.
The fifth clause enacts that a person so sentenced to banishment shall leave the country within thirty days, or in default thereof he will be seized and sent to such a place as the Government may propose.
The sixth clause makes liable to transportation to Botany Bay, the Hulks, or to similar penalty the individual who should be found in any part of the British dominions within the term of his banishment. The letter continues: —
"The last and most important Act is now to be considered, which is entitled, 'An act to subject certain publications to the duties of stamps upon newspapers, and to make other regulations for restraining the abuses arising from the publication of blasphemous and seditious libels', but is, in fact, an imposition of a duty on political knowledge and information, for the better preservation of ignorance amongst the laboring classes. There are some very unfair exceptions in this Act; for instance, every pamphlet written in defence of the Christian religion is exempt from the duty imposed by this Act, whilst every answer coming within the quantity of paper and price prescribed, is subject to it. For instance, Dr. Rudge8 might address me on the evidences of the Christian religion in the Christian Champion for fourpence (8 cents), but I could not answer him in the Republican for less than sixpence (12 cents). These, Sir Robert, are your deeds, and they are worthy of you, for apostasy is always desperate and vicious in proportion to its former profession, while consistency at the same time becomes its mirror and object of attack.
What view your former patron had in pushing you forward is not for me to say, whether he was anxious to find an Attorney-General who should outstrip him in infamy whilst filling that office is best known to himself; but certainly, if that was his object, he has succeeded well. Your profession is certainly one that gives native genius an opportunity of displaying itself, and with a corresponding degree of spirit to reach the highest and most important offices of the State. Perhaps there never was an instance before of so young a man as yourself, or one who has been so short a time at the Bar, reaching the office you now fill, and on hearing your name announced for the office of Attorney-General I, with many others, was astonished at the promotion, knowing you by name only, as the man who was horsewhipped by Mr. Gurney, of Stannery Court notoriety, and your bringing a suit against him. In London you certainly were a briefless barrister. It was supposed that some one had discovered some lurking talent in you, and had been generous enough to push you forward. But how great was the surprise to find that you were destitute of talent as a lawyer, of grace as an orator, and of dignity as an officer of State. There are those who have affirmed that noble minds can proceed only from noble birth; as far as you are the object in view, this maxim is certainly verified, but it must be admitted that history affords us many exceptions to this rule. You, Sir Robert, in the absence of talent and of every requisite for your office and profession, have been fortunate enough to make up the deficiency by the assistance of a powerful friend. If Sir Vicary Gibbs had possessed no other personal means of bringing him out of Devonshire, and the western circuit, than Sir Robert Gilford possesses, both would have remained there to this day, the one a worn-out barrister, the other an attorney's clerk. But fortunately for you, your father had the means as a tradesman of assisting Sir Vicary Gibbs when in a state of penury, and a part of the contract was that you should be pinned on to his tail.
"R. Carlile.
"Dorchester Gaol,
"Jan.