it survives it would have sunk to the bottom by its own weight; but it may be now kept buoyant by prosecution, and "swim on the bladders," which the Constitutional Association has provided.

We entertain, indeed, no fond affection for the English law of libel, as it stands ;-and we shall seize an early opportunity of explaining the grounds of our dislike. We are sure that its effect, upon the whole, is to increase the number and the influence of profligate and dangerous productions. Indictment at law is by far the best advertisement of a bad book. It augments its sale and circulation with far greater rapidity than any other plan, which could possibly be adopted. It assists libellers; it makes the composition of libels a profitable trade. At present, it is often worth a man's while to be prosecuted for a libel in a pecuniary point of view; in addition to the circumstance, that he is a demigod among radical reformers, a "triton of the minnows" for his life.

On general grounds, therefore, we consider it unwise to prosecute" the Liberal:" and not from any tenderness which we feel towards Mr. Southey. Let him bear the consequences of his own sins. If it be necessary to denounce the stanzas of Lord Byron, and they cannot be denounced without exposing the hexameters of Mr. Southey-let them be exposed. We would not stop the course of legal retribution to screen an individual, who writes birth-day odes, and belongs to the ruling party in church and state. "Fiat justitia: ruat cœlum" -which we would translate, "Let justice be done, even at the expense of a poet laureate!"

At the same time, let it not be supposed that on this occasion we would put Mr. Southey and Lord Byron on the same level; since we conceive the design and motives of the one to have been entirely different from the design and motives of the other.

Again, if prosecutions for public libels must be conducted on the present system, we see no reason why the publisher of the Liberal" should not suffer with the rest. The blow struck at the publisher might reach the writer. It would be curious to see whether Lord Byron would act up to the spirit of his declaration, contained in the published letter to his "faithful bibliopole," Mr. Murray; whether he would come

to England and endure the punishment in his own person: whether the "me, me, adsum qui feci," was indeed to be realized, or to turn out a mere idle and empty boast. On all accounts too-for the sake of justice-for the sake of humanity-for the sake of manliness-for the sake of common honesty-let not Lord Byron write his "Vision of Judgment" with impunity, while imprisonments and mulcts must await the Carlisles, the Waddingtons, "et hoc genus omne," the wretched crew of uninformed, and starving, and desperate men. Let not the principal traitors, the ringleaders of the conspiracy, escape, while the miserable tools and accomplices are tried and gibbeted without mercy.

With regard to the third question we can feel no doubt. The members of the Constitutional Association are not the proper persons to undertake the task of prosecution. We had really hoped that the society was defunct. It has long existed only for the benefit of its attorney and its spies. We had hoped that when they found the sense of the country to be entirely against them, the more respectable individuals would have withdrawn their names, and the rest would have abandoned their unthankful office in utter despair. This illustrious body has been languishing for some time, both in its funds and its reputation but like the dying man, who rouses himself with a momentary and ominous strength a few hours before his decease, it has summoned up a morbid and convulsive energy on the eve of dissolution. It would perhaps expire like a squib, with a report and a blaze. But we shall not attempt to divine motives. We know, however—and it is one of the most unfortunate circumstances connected with the whole affair-that most persons attribute to it the same design which is imputed by the Examiner itself:-the official gazette of Lord Byron and Mr. Hunt.

"The Mock Constitutional Association have indicted the Liberal' for a pretended libel in the Vision of Judgment.' We think we know the secret of this attempt. The miserable crew have been in sad disgrace lately, with their proceedings against fustian-cutters and poor news-venders, and have been rebuked even from the bench, for their oppression' in overwhelming the humble objects of their persecution by the aggravated delay and expense of legal forms. In this desperate

plight, with character utterly gone, and the stock-purse pretty well exhausted, 'something must be done' to raise them out of the mire. Accordingly, a work of high reputation, by a noble author, is attacked, in order that they may at least attract public attention, if not reach a bad eminence' in public estimation, by the distinguished character of the person struck at. Messrs. Murray and Adolphus are doubtless as much elevated by the idea of forcing a man of genius and rank into the lists, as a blackguard dustman would be in compelling a gentleman to fight with him in the streets."

We have elsewhere stated our opinion, as to the general principle and tendency of the Constitutional Association. To that statement we refer: as we have no disposition to retract it. Here, then, we would only ask the members, who it was that made them public accusers? or who wishes them to be political prosecutors? If it was prudent to indict the publishers of "the Liberal," for a libel on the character of the late king, are not the attorney and solicitor-general of the present the fit persons to prefer the indictment? Would it not, in such a case, be their especial business? And if they decline the task, is it not to be supposed that they have formed their determination upon rational and sufficient grounds? and consequently, that the presuming meddlers, who interfere with the functions, which properly belong to the law officers under the Crown, are injuring the very cause for which they affect to labour. Juries, we understand, are often unwilling to convict in criminal actions brought into court by the Constitutional Association. When they would give a verdict of guiltyeven upon an ex-officio information-even to the attorneygeneral-they would return a verdict of "not guilty" to this officious body of self-constituted prosecutors. Such conduct on their parts may not be strictly right, but we all know that it is perfectly natural. Men of common understandings, without the slightest dishonesty of intention, will be swayedand powerfully swayed-by erroneous or mixed motives of which they are not conscious to themselves.

In short, the only possible circumstance which can raise "the Liberal," with its writers, or its publishers, in general esteem, is to be prosecuted by the Constitutional Association; and be bespattered with abuse by some Old Bailey

counsel, who is ready, for a sufficient fee, to do any dirty work under the sun. We would yet hope that the force of folly will not proceed so far. After such an expression of our opinions, we shall survey the contest from a distance, and wait the event. For ourselves, as friends of order and moderation, we look upon the two parties, who are now pitted against each other, with equal dislike. To any one of our readers we would say as the Eton Grammar has it, "Utrum horum mavis accipe:" but we must beg leave to decline taking part with either.

A propos of "the Liberal," we have two words of explanation to offer. It has been hinted to us that we have insinuated an unjust charge against Mr. Leigh Hunt. We have heard, that so far from its being true, that Mr. Hunt urged Lord Byron either to begin or to continue "the Liberal," his Lordship was himself the original projector, and is now the most determined prosecutor of the work. If it be so, we have done Mr. Hunt some wrong, and we are sorry for it but what then are we to think of Lord Byron? He must have, indeed, a strange idea of what is due either to himself or to society.

CORONER'S INQUEST EXTRAORDINARY.

THE following piece of intelligence has reached us-we believe, "exclusively," as the newspapers would say. A coroner's inquest extraordinary is about to be held-time and place not specified-upon the fame of Lord Byron, which has been found dead. Great suspicions of violence are entertained, both from some apparent marks, and from the circumstance that the said fame was expected, in the natural course of things, to exist for many ages. The most likely verdictwe are further informed, is either "felo de se," or "wilful murder, against those two most notorious offenders Werner' and the Liberal.' We hope, very shortly-as the newspapers would again say-that we shall be able to give the full particulars of this most mysterious affair. Perhaps, after all, the death may be a mistake :-and the fame of his Lordship may be only grievously attacked-or dangerously wounded, by the atrocious criminals aforesaid-or languishing under some temporary disorder.

LETTER TO THE COUNCIL FROM A CHURCHMAN.

EDINBURGH REVIEW, No. 74.-ANSWER TO THE LETTER.

GENTLEMEN,

I ADDRESS myself to you all; but more particularly to one among your number, who professes, like myself, to be a member of the established church. It is, I confess, with some pain and regret, that I read the letter to the bishop of Peterborough, in your last number. With the article itself I have no quarrel. It appears written in the proper spirit—a spirit, temperate, respectful, and impartial. Nor do I think it necessary to state, whether my own opinion coincides with the sentiments which you have expressed upon the subject under discussion.

But let me seriously ask you, Gentlemen, whether the present is the proper time for you, and men like you, to give a single hint, which carries with it the semblance of dislike to episcopal authority; or which may be construed into such dislike. You can hardly be ignorant of the attacks, equally stupid, wanton, and malicious, which are daily made upon church discipline and church property. These attacks are open and undeniable; but they convey with them covert insinuations against the religion of our fathers-the religion of the state. Christianity itself is assailed under the pretence of exposing the abuses of the clergy. All are encouraged who bring forward dark and malignant suggestions against established institutions-

But most of all the fools who scribble
Their crudities against the Bible.

For myself, Gentlemen, I confess that I am a churchman ; but I repel, with scorn, the imputation which is urged against our body, of intolerance and bigotry. I am neither ashamed of my cloth, nor see any reason to be ashamed of it. It is an accusation, as false as it is grievous, that the English clergy in general are actuated by selfish and narrow-minded feelings, in a greater degree, at least, than all men are, and all men must be. It cannot justly be imputed to them, that they