which opinion is conformable to that of millions, I believe, will * stand unshaken by the doctrine now put forth with such ostentation by the New Times and other base and mercenary papers.

that the law says, that, "If the

not admissible? If this case do like this; and if I rightly under not present to us that which Black-stand the law that I have read, and stone describes as one of the cases to which I have here expressly rein which bail is not to be taken, I ferred, my opinion that bail ought defy any man living to imagine not to have been taken at all, and any thing which comes up to the words," in the fact of felony." Bail, in cases of enormous crimes, is taken only when there are doubts, and great doubts, too, of the truth of the charge; and were there any such doubts here? As to the amount of the bail, it A commitment is merely for safe is very true that the law says that custody, and not for punishment. excessive bail shall not be de"Where bail," says Blackstone, manded; but it is equally true, " will answer the same intention, "it is right to be taken; but in 666 felonies, and other offences of a capital nature, no bail can be a "security equivalent to the actual "custody of the person. For "what is there that a man may Institutes; Hawkins, in his Pleas "not be induced to forfeit to save of the Crown; divers Acts of "his own life?" It appears to Parliament, say, that insufficient me that there is no view which we can take of this matter; that there is no rule or interpretation of law, to justify the taking of bail in this case; and, does not this agree proportioned to the ability and with the whole of the practice of quality of the prisoner, and to the the Justices of the Peace and of nature of the offence. Who have the Courts; I speak merely as we here, then? Nothing less than giving my opinion and belief upon a man with a revenue of from ten this point; but I am quite sure to fifteen thousand pounds a-year; that I never heard of persons the son of an Earl, the brother of being admitted to bail who were an Earl; and the uncle of an charged, on oath, with an offence Earl; and the nature of the of

Magistrate take insufficient bail, he is liable to be fined if the criminal do not appear." Blackstone states this in the 22d chapter of his fourth Book. Coke, in his

sureties, are no sureties at all; and that, to take slender bail, is a crime in the Magistrate. Haw kins, says that the bail should be

fence is such, and so enormous, which demanded eighty pounds that the law itself almost blushes bail in case of the man mentioned to describe it. And here we above who was committed to have him bailed for five hundred Maidstone Gaol? What was that

pounds and that too, within, I believe, six hours of the time that he was brought before the Magistrate.

which kept Joseph Swann in prison for want of a hundred pound bail, which kept him in prison three months, previous to his four years and a half of imprisonment, for being present at a Re

Allowing Mr. DYER to have had the Bill of Rights full in his eye; allowing that a sense of form Meeting, and for selling duty and of his oath would not pamphlets, alleged to be hostile suffer him to demand more than to the religion of which this five hundred pounds, in a case Bishop was one of the principal like this, and from a Bishop, what teachers? Law and Justice might are we to call the bail that is have their way in the case of the demanded and enforced in other Bishop; but if they had, have cases? This, Sir, is the most im- they their way also in the case of portant point to view the matter those numerous persons, who have in. It is here that the thing most been kept in prison for want of closely touches us. If Mr. DYER bail under the charge of libel? could not go beyond five hundred We live in an age very unforpounds; if this was not insuffi-tunate for this sudden outcry cient bail; if this was not what against "excessive bail." This the law calls slender bail; if outcry comes at an unfortunate this was what ought to have been; time, and is applied to a most if this was justice; what shall we unfortunate case. After the pubsay of the bail demanded and lic had witnessed the bail deenforced upon Mr. Johnson, Mr.manded of Mr. Carlile; bail for Pamfield, Mr. Moorhouse, and life, in a greater sum, I believe, others, after the affair of Manchester, of August 1816. In the memorable year 1819, which at once witnessed the affair of Manchester and the passing of your

bill? If this was justice in the case of the Bishop, what was that

than that of the Bishop. After the public had witnessed the bail in the case of his sister. After they had seen his wife sent to a dungeon with a baby in her arms. After they had read of the birth of a child in that dungeon. After

they had read, in his pamphlet of by paying twelve hundred and the first of March last, that plain, forty-eight pounds for lodgings that simple, and that most dread-alone; that, at the end of the fully affecting narrative, of the time I paid a thousand pounds treatment of these two women in sterling to the King; and that, I Dorchester Gaol; after the public was, then, to remain in prison for had read this, which you, Sir, ever, unless I entered into bail ought to have read long enough in the amount of three thousand ago After all this, how is the pounds myself, with two sureties public to restrain its indignation; in bond of a thousand pounds what feeling but one is it to have, when it hears the caitiffs of the hireling press bawling out for the liberty of the subject and the Bill of Rights!

each!

It would be libellous, I suppose; it would be a libel, I dare say, on the late Ellenborough and his three associates, Grose, Le I have before stated my own Blanc, and Bailey; it would case often enough; but when we doubtless be a criminal libel on see men ready to plead the Bill the memory of the three former, of Rights and to express extreme and on the character of the latter; tenderness for the liberty of the it would be a heinous offence, I subject on the score of bail; and suppose, if I were to say that that when I see a Bishop, and a Bi- was "excessive bail." It would shop of Noble family, too, and be a libel, to say that those veaccused of an offence like this nerable Judges were guilty of a upon the oaths of seven witnesses; violation of the " Bill of Rights; when I see a man like this let that bail, therefore, was not exloose, without hesitation, upon cessive. We are to say that that bail of five hundred pounds, I was all right, though I had no cannot but again and again re-bishopric of from 10 to 15 thoumind the public, that, for having expressed my indignation at seeing English local militia-men, in the heart of England, flogged under a guard of German bayonets, I was sentenced to a felon's gaol for two years; that I rescued myself from the society of felons from actual want of a wife and

sand a-year; though I had no income but what arose from my daily labour; though I had nothing but my daily exertions and my possible continuation of life and of health to hold out as the foundation of a hope of preservation

six children, from

fourteen to in Cotton Garden! But the Bishop three years of age. This was all must have had a 'passport from right. This was no violation of somebody or other; how easy to the principles of that happy con- trace him, then! Our Police Ofstitution, which is the envy of sur-ficers have frequently gone into rounding nations and the admira- the territory of our friends the tion of the world. But, Sir, if Bourbons and the Orange Bovens, this was all right, is it also all and brought back very obscure right, where the Bishop is let loose, individuals. The public is, I asand for an offence like this, too, sure you, Sir, very watchful, just upon bail of five hundred pounds! at this time; it knows what can

Leaving this question for you be done in this way. It knows to answer at your leisure; and, what has been done; and it is without undertaking to say whe-now waiting to see what will be ther Mr. DYER did right or did done. In short, it will never be wrong; whether the bail was slender or stout; whether it was, in law, insufficient or sufficient, it appears that, in fact, it was not sufficient to keep the Bishop in /w England, notwithstanding the doctrines laid down by lawyers, and notwithstanding the language of the law which calls those persons sureties, which give bail for other persons. The Bishop is said to be gone. But, Sir, is there no getting him back? We have an

made to believe, that it is not as easy to get back the Bishop, as it was, the other day, to get back a swindler. We shall see, then, when the trial comes on, whether the parties will be present or not; and then, and not till then, we shall be able fully to judge as to the sufficiency or insufficiency of the bait.

Some time ago

In the meanwhile let us turn to the Bishop's partner. This is said to be a Private Soldier in the Foot Guards. Lord Palmerston said in the House of Commons that Barracks were necessary in order to keep the Soldiers distinct from mixing with the people! I will abstain from the corollary which this observation of his Lordship would sugBut, let me observe, that if

way, as in the case of the man
that went to Italy from the fortress gest.

five hundred pounds was sufficient the Bishop's partner, if bail be for the Bishop, and if Hawkins' tendered, even now! I should Law be good, that the amount of suppose that old Doctors' Comthe bail is to be in proportion to mons has not given this hint, this the ability and quality of the very broad hint, without a motive, prisoner, and if the hint of old and I should be disposed to think, Doctors' Commons be acted upon, that he had not given it without am the partner may be at large in a instigator. Be this as it may, it few hours, for I will engage, he signifies very little as to the main has in his pocket more money point, whether the hint be adopted than would make up the sum re- or not. The examinations are quired in proportion to the bail down in black and white; the demanded of the Bishop. Old witnesses are alive, and the SesDoctors' Commons says, that, if sions approach. It signifies not bail be tendered now, it must be a straw whether the partner be taken! Oh Lord, yes! The Bill of Rights demands it! The liberty of the subject; the precious liberty of the subject; that delightful liberty which makes the printer of a newspaper give bail to the amount of three hundred pounds, with two sureties, bound for a hundred and fifty pounds each; that delightful liberty of the subject, which makes the printer do this, not only before he is charged with any offence, but even before he begins to print; this sweet liberty of the subject, this moun- no. It will all be right. It will tain-nymph, sweet Liberty," of all be as it ought to be. whom we are so enamoured, and who will dwell no where but in these blessed Isles; this precious liberty of the subject, will, old Doctors' Commons tells us, insist upon Mr. DYER's taking bail for which I allude, puts some words

present or not; though, in case of his absence, it will occur to every one, that he will have even better luck than the Bishop; for, if out of prison, he is in his regiment: and company, and it will be wonderful, indeed, if he be not forth coming on the day of trial! The public have their eye upon this too; so that, it is impossible for any thing to take place that shall produce any other than a satisfactory result. He will hardly be discharged from the army! Oh,

Before I conclude, let me call your attention to a publication put forth by the company of traders to whom the Old Times newspaper belongs. The publication to