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Updated: May 18, 2025
Government was getting wearied of the war with the hydra-headed unstamped monster, and at last adopted the only expedient likely to be successful in putting it down, which was to place the higher-class journals in a position to rival them. From 1831 to 1835 there had been no less than seven hundred and twenty-eight prosecutions, of which the year 1835 alone had produced two hundred and nineteen.
Sir Peregrine Maitland succeeded in obtaining from the legislature an opinion against conventions as "repugnant to the constitution," and declaring the holding of such public meetings a misdemeanour, while admitting the constitutional right of the people to petition. These proceedings evoked a satirical reply from Gourlay, who was arrested for seditious libel, but the prosecutions failed.
We may, therefore, consider that the witchcraft prosecutions were wholly under the control of Stoughton and those, who, having given him power, would naturally have influence over his exercise of it.
The Acting Attorney General at the time of Sir John Smale's first pronouncement against slavery had suggested to Governor Hennessy that Sir John Smale's statements should be sent to London to the Secretary of State for the Colonies; and he and other advisers recommended that no prosecutions in connection with "adoption" and "domestic servitude" should be instituted, pending the receipt of instructions from the Home Government.
They passed a bill for taking away all privileges of parliament in legal prosecutions during the intermediate prorogations; their last struggle with the lords was concerning a bill for appointing commissioners to examine and state the public accounts.
The position taken by the Reviewer, let it be noticed, is, that the idea of Cotton Mather's taking a leading part in the witchcraft prosecutions of 1692, "originated" with me, in a work printed in 1831; and that I have given "the cue" to all subsequent writers on the subject. Now what are the facts? Cotton Mather himself is a witness that the idea was entertained at the time.
It should be more clearly recognized in our prosecutions for obscenity, for example, that the gravity of the offence is entirely dependent upon the accessibility of the offensive matter to the young. The application of the same method to the music-hall, the lecture-theatre, and the shelves of the public library, and to several other sources of suggestion would not be impossible.
In spite of prosecutions for libel, the press throve, and, perhaps, to a certain extent, on that very account greatly improved in character.
The King's Government had already, by the first list of exceptions in the decree of the 24th of July, imposed on itself a heavy burden. Eighteen generals had been sent before councils of war. Eighteen grand political prosecutions, after the publication of the amnesty, would have been much even for the strongest and best-established government to bear.
As regards his informing, either how many private suits he brought by false accusation or how many prosecutions or dispositions he made, it is not necessary for me to say in detail. For you all together in the assembly, and in the court, convicted him of informing, and he was fined ten thousand drachmae. 66. This has been sufficiently proved by you all.
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